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S06694 Summary:

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S06694 Floor Votes:

S06694 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6694--B
 
                    IN SENATE
 
                                    February 28, 2014
                                       ___________
 
        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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 

        AN  ACT authorizing the town of Smithtown, county of Suffolk to alienate
          and convey certain parcels of land used as  parkland  and  to  acquire
          other parcels of land to replace such parkland
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The town of Smithtown, county of Suffolk, is hereby author-
     2  ized  to  discontinue  as  parklands,  alienate  and  convey  the  lands
     3  described in section three of this act.
     4    § 2. The authorization contained in section one of this act shall only
     5  be  effective  on  the  condition that the town of Smithtown acquire and
     6  dedicate as new parklands the lands described in section  four  of  this
     7  act, such land to be used for park purposes.
     8    §  3.  The  lands  to  be  discontinued as parklands and alienated and

     9  conveyed are described as follows:
    10    All that certain Plot  or  Parcel  of  Land  with  the  buildings  and
    11  improvements  thereon  erected,  situate,  lying and being at Smithtown,
    12  Town of Smithtown, Suffolk County and State of New York being designated
    13  as part of Lot 39, "Map of Timbercroft, Addition 2" filed in the Suffolk
    14  County Clerks Office October 14, 1942 as File No. 1378, more particular-
    15  ly bounded and described as follows:
    16    BEGINNING on the dividing line of Lot 39 and Lot 40 of said map,  "Map
    17  of  Timbercroft,  Addition  2", being on the north side of Mobery Avenue
    18  south 87 degrees 47' minutes 10" seconds west  a  distance  of  1006.62'
    19  feet from the end of a curve connecting the westerly side of Old Willets
    20  Path and the northerly side of Mobrey Avenue;
    21    Thence,  westerly  along the northerly side of Mobrey Avenue, south 87

    22  degrees 47' minutes 10" seconds west a distance of 100.00' feet  to  the
    23  west side of Lot 39,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13219-05-4
        S. 6694--B                          2
 
     1    Thence,  northerly, along the west side of Lot 39, north 2 degrees 13'
     2  minutes 10" seconds west a distance of 335.00' feet,
     3    Thence,  easterly,  through  Lot  39, north 87 degrees 47' minutes 10"
     4  seconds east a distance of 100.00' feet to the dividing line of  Lot  39
     5  and Lot 40,
     6    Thence,  southerly,  along  said  dividing  line,  south 2 degrees 13"
     7  minutes 10" seconds east a distance of 335.00'  feet  to  the  POINT  OF
     8  BEGINNING.
     9    Consisting of .77 acres±.

    10    § 4. The replacement lands to be acquired and dedicated by the town of
    11  Smithtown,  county  of  Suffolk  to  use as new parkland for public park
    12  purposes are described as follows:
    13    All that certain Plot  or  Parcel  of  Land  with  the  buildings  and
    14  improvements  thereon  erected,  situate,  lying and being at Smithtown,
    15  Town of Smithtown, Suffolk County and State of New York being designated
    16  as part of Lot 42, "Map of Timbercroft, Addition 2" filed in the Suffolk
    17  County Clerks Office October 14, 1942 as File No. 1378, more particular-
    18  ly bounded and described as follows:
    19    BEGINNING on the dividing line of Lot 42 and Lot 43 of said map,  "Map
    20  of Timbercroft, Addition 2", being located the following two (2) courses
    21  from the end of a curve connecting the westerly side of Old Willets Path
    22  and the northerly side of Mobrey Avenue:

    23    1. South 87 degrees 47' minutes 10" seconds west a distance of 706.62'
    24  along the northerly side of Mobrey Avenue to the dividing line of Lot 42
    25  and Lot 43,
    26    2.  Northerly,  along  said dividing line, north 2 degrees 13' minutes
    27  10" seconds west a distance of 335.00' feet to the POINT OF BEGINNING.
    28    Thence, westerly, through Lot 42, south 87  degrees  47'  minutes  10"
    29  seconds  west  a distance of 100.00' feet to the dividing line of Lot 42
    30  and Lot 41,
    31    Thence, northerly, along said  dividing  line,  north  2  degrees  13'
    32  minutes 10" seconds west a distance of 387.89' feet,
    33    Thence,  easterly,  south  79  degrees  36' minutes 20" seconds east a
    34  distance of 102.47' to the dividing line of Lot 42 and Lot 43.
    35    Thence, southerly, along said  dividing  line,  south  2  degrees  13"
    36  minutes  10"  seconds  east  a  distance of 365.53' feet to the POINT OF
    37  BEGINNING.

    38    Consisting of .86 acres±.
    39    § 5. In the event that the lands  to  be  acquired,  as  described  in
    40  section  four of this act, are not equal or greater in fair market value
    41  than the lands being alienated, as described in section  three  of  this
    42  act,  the  town  of  Smithtown shall dedicate the difference in the fair
    43  market value for the acquisition  of  additional  parklands  and/or  for
    44  capital improvements to existing park and recreational facilities.
    45    §  6. If the land that is the subject of this act has received funding
    46  pursuant to the federal land and water conservation fund, the discontin-
    47  uance of parklands authorized by the provisions of this  act  shall  not
    48  occur  until the municipality has complied with the federal requirements
    49  pertaining to the conversion  of  parklands,  including  satisfying  the

    50  secretary  of  the  interior  that  the  discontinuance will include all
    51  conditions which the secretary of the interior deems necessary to assure
    52  the substitution of other lands shall be equivalent in fair market value
    53  and recreational usefulness to the lands being discontinued.
    54    § 7. This act shall take effect immediately.