STATE OF NEW YORK
________________________________________________________________________
5210
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
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Introduced by M. of A. M. L. MILLER -- read once and referred to the
Committee on Local Governments
AN ACT authorizing the alienation of certain parklands in the town of
Hempstead, county of Nassau
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding section 2 of chapter 325 of the laws of
2 1920, subject to the provisions of this act, the town of Hempstead, in
3 the county of Nassau, acting by and through its governing body and upon
4 such terms and conditions as determined by such body, is hereby author-
5 ized to discontinue as parklands and to sell and convey at fair market
6 value the lands described in section three of this act, to Mott Develop-
7 ment for the purpose of providing necessary land for the construction of
8 planned residential structures.
9 § 2. The authorization provided in section one of this act shall be
10 effective only upon the condition that the town of Hempstead shall dedi-
11 cate the lands described in section four of this act as parkland
12 provided that the town has never used such lands for public open space
13 or park purposes.
14 § 3. The parklands authorized by section one of this act to be alien-
15 ated are described as follows:
16 All that piece or parcel of property situated in Oceanside, Town of
17 Hempstead, County of Nassau and State of New York shown as Section 54
18 Block 322 Part of Lot 15 on the Nassau County Land the Tax Map and being
19 more particularly described as follows:
20 Beginning at a point on the northerly line of Mott Street, said point
21 being a distance of 632.56 feet from the easterly and of a curve
22 connecting the easterly line of Phillips Place with the northerly line
23 of Mott Street;
24 Thence North 12 degrees 02 minutes 21 seconds East a distance of 69.90
25 feet to a point;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03424-01-9
A. 5210 2
1 Thence South 3 degrees 56 minutes 00 seconds East a distance of 67.53
2 feet to a point on the northerly line of Mott Street;
3 Thence South 87 degrees 02 minutes 40 seconds West along said line a
4 distance of 19.16 feet to the point of beginning;
5 Said parcel containing 647 square feet, and shall be conveyed subject
6 to all rights, easements, covenants and restrictions on record.
7 § 4. Prior to the discontinuance and alienation of parkland described
8 in section three of this act, the town of Hempstead, acting by and
9 through its governing body, shall dedicate as parklands the property
10 described as follows:
11 All that piece or parcel of property situated in Oceanside, Town of
12 Hempstead, County of Nassau and State of New York shown as Section 54
13 Block 322 Part of Lot 6 on the Nassau County Land the Tax Map and being
14 more particularly described as follows:
15 Beginning at a point on the northerly line of Mott Street, said point
16 being a distance of 418.80 feet from the easterly and of a curve
17 connecting the easterly line of Phillips Place with the northerly line
18 of Mott Street;
19 Thence North 37 degrees 16 minutes 40 seconds East a distance of 65.46
20 feet to a point;
21 Thence South 59 degrees 17 minutes 07 seconds East a distance of 10.57
22 feet to a point;
23 Thence South 37 degrees 16 minutes 40 seconds West a distance of 57.79
24 feet to a point on the northerly line of Mott Street;
25 Thence South 87 degrees 02 minutes 40 seconds West along said line a
26 distance of 13.75 feet to the point of beginning
27 Said parcel containing 647 square feet
28 § 5. In the event that the parklands described in section four of this
29 act to be acquired and dedicated by the town of Hempstead pursuant to
30 this act are not equal to or greater than the parklands described in
31 section three of this act being alienated, the town of Hempstead shall
32 dedicate the difference of the fair market value of the lands to be
33 alienated and the lands to be dedicated for the acquisition of addi-
34 tional parklands and/or capital improvements to existing park and recre-
35 ational facilities.
36 § 6. In the event that the town of Hempstead received any funding
37 support or assistance from the federal government for the purchase,
38 maintenance or improvement of the parklands set forth in section three
39 of this act, the discontinuance and alienation of such parklands author-
40 ized by the provisions of section three of this act shall not occur
41 until the town of Hempstead has complied with any federal requirements
42 pertaining to the alienation or conversion of such parklands, including
43 satisfying the secretary of the interior that the alienation or conver-
44 sion complies with all conditions which the secretary of the interior
45 deems necessary to assure the substitution of other lands shall be
46 equivalent in fair market value and usefulness to the lands being alien-
47 ated or converted.
48 § 7. This act shall take effect immediately.
