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S06292 Summary:

S06292 Actions:

S06292 Committee Votes:

S06292 Floor Votes:

S06292 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6292                                                  A. 8099
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      June 3, 2019
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Rules
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments
 
        AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
          ate certain parklands and to dedicate other lands as 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,  acting  by  and through its governing body and upon such terms and
     3  conditions as determined by such body is hereby authorized to discontin-
     4  ue as parkland and to alienate the lands described in section  three  of
     5  this  act  for  drainage purposes including the installation of drainage
     6  pipes.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective only upon the condition that East Moriches Realty, LLC, convey
     9  to  the  town of Brookhaven, and that the town of Brookhaven acquire and
    10  dedicate the lands described in section four of this act  as  parklands,
    11  provided  that  the  town  of  Brookhaven  has never used such lands for
    12  public open space or park purposes.
    13    § 3. The parklands authorized by section one of this act to be  alien-
    14  ated as parklands is described as follows:
    15    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
    16  being in the Town of Brookhaven, County of  Suffolk  and  State  of  New
    17  York, being more particularly bounded and described as follows:
    18    BEGINNING  at  a  point  on the easterly side of Montauk Avenue (aban-
    19  doned), said point being distant  the  following  two  (2)  courses  and
    20  distances  from the easterly end of a curve connecting the easterly side
    21  of Boisenberry Lane with the northeasterly side of Sweetberry Avenue:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11997-01-9
        S. 6292                             2                            A. 8099
 
     1    1) Northeasterly, easterly and southeasterly along Sweetberry  Avenue,
     2  a distance of 569.42 feet
     3    2)  North  84  degrees  54 minutes 52 seconds East, 268.08 feet to the
     4  easterly side of Montauk Avenue (abandoned), the point or the  place  of
     5  BEGINNING;
     6    RUNNING  THENCE along the easterly side of Montauk Avenue (abandoned),
     7  South 05 degrees 05 minutes 08 seconds East, 224.00 feet;
     8    THENCE South 84 degrees 54 minutes 52 seconds West, 50.00 feet to  the
     9  westerly side of Montauk Avenue (abandoned);
    10    THENCE along the westerly side of Montauk Avenue (abandoned), North 05
    11  degrees 05 minutes 08 seconds West, 224.00 feet;
    12    THENCE  North 84 degrees 54 minutes 52 seconds East, 50.00 feet to the
    13  easterly side of Montauk Avenue (abandoned) at the  point  or  place  of
    14  BEGINNING.
    15    AREA  OF  DESCRIBED PARCEL = 11,200 square feet more or less, or .2571
    16  acres
    17    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    18  described  in  section  three  of this act, the town of Brookhaven shall
    19  dedicate as parklands such land described as follows:
    20    ALL that certain plot, piece or parcel of land, situate East Moriches,
    21  Town of Brookhaven, County of Suffolk and State of New  York,  known  as
    22  Lot 1861, part of Lots 1862, 1863 and 1864, and a portion of the easter-
    23  ly half of Montauk Avenue (not open or in use) on a certain map entitled
    24  "Forest  Park,"  filed  in the Suffolk County Clerk's Office on April 8,
    25  1911 as Filed Map No. 649; hereinafter described parcel is also shown on
    26  a survey prepared by D'Amaro Engineering and  Surveying,  P.C.    (dated
    27  March  20, 2019; Surveyor's Job No. S16000) designated as "Open Space to
    28  be Dedicated to the Town of Brookhaven,  Area  =  233,425  square  feet,
    29  5.3587  Acres"  prepared  for the Map of Oriole Run (not yet filed); and
    30  being more particularly bounded and described as follows:
    31    BEGINNING at a point and at the northwest corner of Lot 1861 as  shown
    32  on  said Map of Forest Park, distant the following three (3) courses and
    33  distances from the easterly end of a curve connecting the northerly side
    34  of Sweetberry Avenue with the easterly side of Boisenberry Lane as shown
    35  on a certain map entitled "Southwind  Estates,"  filed  in  the  Suffolk
    36  County Clerk's Office on June 24, 2005 as Filed Map No. 11281:
    37    1. RUNNING along the northerly and easterly side of Sweetberry Avenue,
    38  a distance of 569.42 feet to the filed map line;
    39    2.  North  84  degrees  54 minutes 52 seconds East along the filed map
    40  line, a distance of 268.08 feet; and,
    41    3. South 5 degrees 05 minutes 08 seconds East along the dividing  line
    42  between  Lot  1860  as  shown on the map of Forest Park and an abandoned
    43  portion of Montauk Avenue conveyed to the Town  of  Brookhaven  by  deed
    44  Liber  12666  Page  147,  a distance of 224.00 feet to the true point of
    45  beginning.
    46    THENCE RUNNING from said beginning point North 84 degrees  54  minutes
    47  52 seconds East along the dividing line between Lot 1860 and Lot 1861 as
    48  shown  on the map of Forest Park, a distance of 516.74 feet to lands now
    49  or formerly of the Town of Brookhaven;
    50    THENCE South 5 degrees 19 minutes 07 seconds East along  the  dividing
    51  line  between  Lots  1861  through 1864 inclusive as shown on the map of
    52  Forest Park and  aforementioned  land  of  the  Town  of  Brookhaven,  a
    53  distance of 793.22 feet to the northeast corner of lands now or formerly
    54  of Nicolia Brothers Corp.;
        S. 6292                             3                            A. 8099
 
     1    THENCE South 74 degrees 34 minutes 49 seconds West along the southerly
     2  line  of  Lot  1864  as  shown  on the map of Forest Park, a distance of
     3  127.02 feet;
     4    THENCE  North  5  degrees 05 minutes 08 seconds West through Lots 1862
     5  through 1864 inclusive as shown on the map of Forest Park, a distance of
     6  430.03 feet;
     7    THENCE South 84 degrees 54 minutes 52  seconds  West,  a  distance  of
     8  205.00 feet;
     9    THENCE  North  5  degrees  05  minutes  08 seconds West, a distance of
    10  130.00 feet;
    11    THENCE South 84 degrees 54 minutes 52  seconds  West,  a  distance  of
    12  215.00  feet  to the centerline of Montauk Avenue as shown on the map of
    13  Forest Park;
    14    THENCE North 5 degrees 05 minutes 08 seconds West along the centerline
    15  of Montauk Avenue, a distance of 255.97 feet to a point;
    16    THENCE North 84 degrees 54 minutes 52  seconds  East,  a  distance  of
    17  25.00 feet to the point or place of BEGINNING.
    18    §  5.  In  the  event  that  the  fair  market  value of the parklands
    19  described in section four of this act to be dedicated  as  parklands  by
    20  the  town of Brookhaven pursuant to this act are not equal to or greater
    21  than the fair market value of the parklands described in  section  three
    22  of  this  act being alienated as parklands, the town of Brookhaven shall
    23  dedicate the difference of the fair market value  of  the  lands  to  be
    24  alienated  and  the  lands  to be dedicated for the acquisition of addi-
    25  tional parklands and/or capital improvements to existing park and recre-
    26  ational facilities.
    27    § 6. In the event that the town of  Brookhaven  received  any  funding
    28  support  or  assistance  from  the  federal government for the purchase,
    29  maintenance or improvement of the parklands set forth in  section  three
    30  of  this act, the discontinuance and alienation of such parkland author-
    31  ized by the provisions of this act shall not occur  until  the  town  of
    32  Brookhaven  has complied with any federal requirements pertaining to the
    33  alienation or conversion of parklands, including satisfying  the  secre-
    34  tary of the interior that the alienation or conversion complies with all
    35  conditions which the secretary of the interior deems necessary to assure
    36  the substitution of other lands shall be equivalent in fair market value
    37  and recreational usefulness to the lands being alienated or converted.
    38    § 7. This act shall take effect immediately.