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S09741 Summary:

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S09741 Committee Votes:

S09741 Floor Votes:

S09741 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9741--A
 
                    IN SENATE
 
                                      May 24, 2024
                                       ___________
 
        Introduced  by  Sen. PALUMBO -- 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 authorizing the town of  East  Hampton  to  alienate  and  convey
          certain  parcels of land used as parkland for the purpose of a Suffolk
          County roadway improvement project
 
          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 East
     2  Hampton, acting by and through its governing body, and upon  such  terms
     3  and  conditions  as  determined  by  such  body, is hereby authorized to
     4  discontinue as parkland and to alienate the lands described  in  section
     5  three of this act, and to convey such parklands to the county of Suffolk
     6  for  the  purposes  of  a  roadway  improvement project along Three Mile
     7  Harbor Road.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only upon the condition that the town of East Hampton acquire
    10  and dedicate the lands described in section four of this  act  as  park-
    11  lands,  provided that the town of East Hampton has never used such lands
    12  for public open space or park purposes.
    13    § 3. The parklands authorized by section one of this act to be  alien-
    14  ated are more particularly described as follows:
    15    All  that  certain tract of land, situate, lying and being in the Town
    16  of East Hampton, County of Suffolk and State of New York, more precisely
    17  described as  follows:
    18    Northerly 500 feet more or less by lands of Cecelia Bennett and  lands
    19  now or formerly of Peter Fedi;
    20    Southeasterly  1,000 feet more or less by  the Springs-Fireplace High-
    21  way; and,
    22    Westerly 1,000 feet more or less by the   Three Mile  Harbor  Highway,
    23  said  premises  being a triangular parcel of land  located at the inter-
    24  section of said Three Mile Harbor Highway and Springs-Fireplace Highway.
    25    Containing 2.0 acres more or less.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15765-03-4
        S. 9741--A                          2
 
     1    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
     2  described  in  section three of this act, the town of East Hampton shall
     3  acquire and dedicate as parklands such land described as follows:
     4    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
     5  being in the Town of East Hampton, County of Suffolk and  State  of  New
     6  York, bounded and described as follows:
     7    BEGINNING at the corner formed by the intersection of the Northwester-
     8  ly  side  of  Swamp Road with the Northeasterly side of East Hampton-Sag
     9  Harbor Turnpike (Route 114);
    10    RUNNING THENCE along the Northeasterly side of East Hampton-Sag Harbor
    11  Turnpike, the following two (2) courses and distances:
    12    1. North 49 degrees 35 minutes 21 seconds West, 91.96  feet  -  actual
    13  (91.76 feet - deed);
    14    2.  North  31  degrees 41 minutes 41 seconds West, 68.87 feet - actual
    15  (North 30 degrees 50 minutes 11seconds West, 69.28 feet  -  deed)  to  a
    16  pin;
    17    THENCE  North  47  degrees  28  minutes 47 seconds East, 300.00 feet -
    18  actual (298.88 feet - deed) to a monument;
    19    THENCE North 31 degrees 41 minutes 41 seconds West, 263.84 feet  to  a
    20  monument;
    21    THENCE  North  54  degrees  44  minutes 10 seconds East, 249.99 feet -
    22  actual (250.00 feet - deed) to a set pin and land  now  or  formerly  of
    23  Town of East Hampton;
    24    THENCE  along  said land, South 28 degrees 43 minutes 37 seconds East,
    25  507.62 feet to the Northwesterly side of Swamp Road;
    26    THENCE along the Northwesterly side of Swamp Road, the following three
    27  (3) courses and distances:
    28    1. South 59 degrees 20 minutes 07 seconds West, 7.42 feet to a pin;
    29    2. South 79 degrees 59 minutes 59 seconds West, 195.63 feet to a monu-
    30  ment;
    31    3. South 47 degrees 26 minutes 39 seconds West,  305.92  feet  to  the
    32  corner first above-mentioned, the point or place of BEGINNING
    33    Containing 3.56 acres of land.
    34    § 5. In the event that the fair market value of the lands described in
    35  section  four  of  this  act to be dedicated as parklands by the town of
    36  East Hampton pursuant to this act are not equal to or greater  than  the
    37  fair  market  value  of  the  parklands  to be alienated as described in
    38  section three of this act, the town of East Hampton shall  dedicate  the
    39  difference of the fair market value of the lands to be alienated and the
    40  lands to be dedicated for the acquisition of additional parklands and/or
    41  capital improvements to existing park and recreational facilities.
    42    §  6.  In the event that the town of East Hampton received any funding
    43  support or assistance from the  federal  government  for  the  purchase,
    44  maintenance  or  improvement of the parklands set forth in section three
    45  of this act, the discontinuance and alienation of such parkland  author-
    46  ized  by  the  provisions  of this act shall not occur until the town of
    47  East Hampton has complied with any federal  requirements  pertaining  to
    48  the  alienation  or  conversion  of  parklands, including satisfying the
    49  secretary of the interior that the  alienation  or  conversion  complies
    50  with  all conditions which the secretary of the interior deems necessary
    51  to assure the substitution of other lands shall be  equivalent  in  fair
    52  market value and usefulness to the lands being alienated or converted.
    53    § 7. This act shall take effect immediately.