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S04608 Summary:

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S04608 Committee Votes:

S04608 Floor Votes:

S04608 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4608--A
            Cal. No. 945
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
          ate and discontinue the use of certain parklands
 
          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 Brookha-
     2  ven, county of Suffolk, acting by and through its  governing  body,  and
     3  upon  such  terms  and  conditions as determined by such body, is hereby
     4  authorized to discontinue as parklands and to lease at fair market value
     5  to New York SMSA Limited Partnership for a term  not  to  exceed  thirty
     6  years the lands more particularly described in section three of this act
     7  for the placement and operation of a wireless communication tower.
     8    §  2.  The authorization contained in section one of this act shall be
     9  effective only upon the condition that the town of Brookhaven, county of
    10  Suffolk, dedicate the proceeds from the lease toward the acquisition  of
    11  new  parklands  and/or  capital improvements to existing park and recre-
    12  ational facilities
    13    § 3. The lands authorized by section one of this act to be  discontin-
    14  ued as parklands and leased are described as follows:
    15    ALL  that  certain  plot,  piece  or parcel of land, with improvements
    16  existing thereon, situate, lying and being in Mount Sinai, in  the  Town
    17  of  Brookhaven  and the county of Suffolk in the state of New York being
    18  more particularly described as follows:
    19    BEGINNING at the southwesterly corner  of  the  area  of  land  herein
    20  described, said point being the following three (3) courses from a point
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08930-03-1
        S. 4608--A                          2
 
     1  on  the  present  northerly side of New York State Route 25A (Nesconset-
     2  Port Jefferson Road), which point is the division line between lands now
     3  or formerly the Town of Brookhaven on the west and lands formerly  Texa-
     4  co, Inc and now formerly 438F Realty LLC on the east, said division line
     5  being 54.00 feet northerly measured radially from station 121+84± of the
     6  survey  centerline  of  New  York State Route 25A, said point also being
     7  358.12± as measured westerly  from  the  southwesterly  end  of  a  line
     8  connecting  the  northerly  side  of  New  York State Route 25A with the
     9  westerly side of Peach Tree Lane;
    10    1. Along the arc of a curve to the right having a  Radius  of  6530.75
    11  feet, and Length of 307.84 feet;
    12    2. South 66 degrees 52 minutes 17 seconds West, 260.34 feet;
    13    3. North 23 degrees 07 minutes 43 seconds West, 107.25 feet;
    14    Running  thence  from  said point of beginning, through and over lands
    15  now or formerly the Town of Brookhaven the following four (4) courses:
    16    1. North 39 degrees 28 minutes 00 seconds West, 45.00 feet;
    17    2. North 50 degrees 32 minutes 00 seconds East, 29.33 feet;
    18    3. South 39 degrees 28 minutes 00 seconds East, 45.00 feet;
    19    4. South 50 degrees 32 minutes 00 seconds  West,  29.33  feet  to  the
    20  point or place of beginning.
    21    Containing a total of 1320 sq. ft, or 0.0303 acres more or less.
    22    §  4. Should the lands described in section three of this act cease to
    23  be used for the purposes described in section one of this act, the lease
    24  shall terminate and those lands shall revert to the town  of  Brookhaven
    25  for  public  park  and recreational purposes. At the time of such rever-
    26  sion, the removal of such wireless communication tower shall take  place
    27  and  the  property  shall  be returned to its previous state, consistent
    28  with park and recreational purposes.
    29    § 5. In the event that the town of  Brookhaven  received  any  funding
    30  support  or  assistance  from  the  federal government for the purchase,
    31  maintenance or improvement of the parklands set forth in section two  of
    32  this  act, the discontinuance and alienation of such parkland authorized
    33  by the provisions of this act shall not occur until the town of Brookha-
    34  ven has complied with any federal requirements pertaining to the  alien-
    35  ation  or conversion of parklands, including satisfying the secretary of
    36  the interior that the alienation or conversion complies with all  condi-
    37  tions  which the secretary of the interior deems necessary to assure the
    38  substitution of other lands shall be equivalent in fair market value and
    39  usefulness to the lands being alienated or converted.
    40    § 6. This act shall take effect immediately.