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S06545 Summary:

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S06545 Committee Votes:

S06545 Floor Votes:

S06545 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6545--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 1, 2017
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT in relation to authorizing  the  town  of  Smithtown,  county  of
          Suffolk,  to alienate and convey certain parcels of land used as park-
          lands
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subject to the provisions of this act, the town of Smith-
     2  town, located in the county of Suffolk, is hereby authorized, acting  by
     3  and  through its town board and upon such terms and conditions as deter-
     4  mined by such board, to discontinue as parklands and alienate the  lands
     5  more  particularly  described in section three of this act, and to lease
     6  such parklands at fair market value for the placement and operation of a
     7  personal wireless services facility at Callahans Beach for a term not to
     8  exceed 25 years.
     9    § 2. The authorization contained in section one of this act shall take
    10  effect only upon the condition that the town of  Smithtown  dedicate  an
    11  amount  equal  to  or  greater  than  the fair market value of the lease
    12  interest being alienated pursuant to section one of this act toward  the
    13  acquisition  of  new waterfront parklands and/or capital improvements to
    14  existing waterfront park and recreational facilities.
    15    § 3. The lands authorized by section one of this act to be  discontin-
    16  ued  as  parklands  and leased by the town of Smithtown are described as
    17  follows:
    18    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    19  improvements thereon erected, situate, lying and being at Fort  Salonga,
    20  Town of Smithtown, County of Suffolk and State of New York, more partic-
    21  ularly bounded and described as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11931-03-7
        S. 6545--A                          2
 
     1    Beginning  at  a  point  being the following (3) courses and distances
     2  from the northeasterly corner of map no. 1449 (map of "Beverly Beach")
     3    (1) thence south 23 degrees 13 minutes 30 seconds west 600.00 feet;
     4    (2) thence south 66 degrees 46 minutes 30 seconds east 780.98 feet;
     5    (3)  thence  north 23 degrees 13 minutes 30 seconds east 35.00 feet to
     6  the point or place of beginning.
     7    Running thence north 23 degrees 13 minutes 30 seconds east 60.00 feet;
     8  thence south 66 degrees 46 minutes 30 seconds east  60.00  feet;  thence
     9  south  23 degrees 13 minutes 30 seconds west 60.00 feet; thence north 66
    10  degrees 46 minutes 30 seconds west 60.00 feet; to the point or place  of
    11  beginning. Totaling in 3,600 square feet or 0.083 acres.
    12    §  4.  Should  the leased lands described in section three of this act
    13  cease to be used for the purposes described in section one of this  act,
    14  the  lease  shall  terminate and those lands shall revert to the town of
    15  Smithtown for public park and recreational purposes. At the time of such
    16  reversion, the removal of such personal wireless services facility shall
    17  take place and the property shall be returned  to  its  previous  state,
    18  consistent with park and recreational purposes.
    19    §  5.  In  the  event  that the town of Smithtown received any funding
    20  support or assistance from the  federal  government  for  the  purchase,
    21  maintenance  or  improvement of the parklands set forth in section three
    22  of this act, the discontinuance of parkland authorized by the provisions
    23  of this act shall not occur until the town  of  Smithtown  has  complied
    24  with any federal requirements pertaining to the alienation or conversion
    25  of  such  parklands,  including satisfying the secretary of the interior
    26  that the alienation or conversion complies with all conditions which the
    27  secretary of the interior deems necessary to assure the substitution  of
    28  other  lands  shall  be equivalent in fair market value and recreational
    29  usefulness to the lands being alienated or converted.
    30    § 6. This act shall take effect immediately.