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S08386 Summary:

S08386 Actions:

S08386 Committee Votes:

S08386 Floor Votes:

S08386 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8386--A                                           A. 10509--A
 
                SENATE - ASSEMBLY
 
                                       May 4, 2018
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
          to  the  Committee  on Local Governments -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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, 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  alienate  the  lands
     5  described  in  section three of this act to Michael Christopher Trimarco
     6  for the purpose of residential improvements.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only  upon  the  condition  that Michael Christopher Trimarco
     9  convey to the town of  Brookhaven,  and  that  the  town  of  Brookhaven
    10  acquire  and dedicate the lands described in section four of this act as
    11  parklands, provided that the town of  Brookhaven  has  never  used  such
    12  lands for public open space or park purposes.
    13    §  3. The parklands authorized by section one of this act to be alien-
    14  ated as parklands are described as follows:
    15    All that certain plot, piece or parcel of  land  situated,  lying  and
    16  being  at  Moriches,  Town of Brookhaven, County of Suffolk and State of
    17  New York being known and designated as p/o Lot 124 on the Map of Crystal
    18  Beach, Section  2,  filed  in  the  Suffolk  County  Clerk's  Office  on
    19  09/06/1957  as  Map  No.  2750,  which  said  p/o  lots  are bounded and
    20  described as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15532-03-8
        S. 8386--A                          2                        A. 10509--A
 
     1    BEGINNING at a point on the  west  side  of  Crystal  Beach  Boulevard
     2  distance  1,348.32  feet  southerly from the corner formed by the inter-
     3  section of the southerly side of Beverly Court and the westerly side  of
     4  Crystal Beach Boulevard;
     5    RUNNING THENCE South 27 degrees 00 minutes 11 seconds West 75.00 feet;
     6    THENCE North 63 degrees 00 minutes 00 seconds West 98.16 feet;
     7    THENCE North 27 degrees 00 minutes 00 seconds East 15.00 feet;
     8    THENCE North 63 degrees 01 minutes 45 seconds East 74.19 feet;
     9    THENCE  South 63 degrees 00 minutes 00 seconds East 54.54 feet, to the
    10  westerly side of Crystal Beach Boulevard at point or place of BEGINNING.
    11    Area = 6,054-sq.ft.
    12    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    13  described  in  section  three  of this act, Michael Christopher Trimarco
    14  shall convey to the town of Brookhaven and the town of Brookhaven  shall
    15  acquire and dedicate as parklands such land described as follows:
    16    All  that  certain  plot,  piece or parcel of land situated, lying and
    17  being at Moriches, Town of Brookhaven, County of Suffolk  and  State  of
    18  New York being known and designated as p/o Lot 123 on the Map of Crystal
    19  Beach,  Section  2,  filed  in  the  Suffolk  County  Clerk's  Office on
    20  09/06/1957 as Map  No.  2750,  which  said  p/o  lots  are  bounded  and
    21  described as follows:
    22    BEGINNING  at  a  point  on  the  west side of Crystal Beach Boulevard
    23  distance 1,273.32 feet southerly from the corner formed  by  the  inter-
    24  section  of the southerly side of Beverly Court and the westerly side of
    25  Crystal Beach Boulevard;
    26    RUNNING THENCE South 27 degrees 00 minutes 11 seconds West 32.00 feet;
    27    THENCE North 63 degrees 00 minutes 00 seconds West 23.27 feet;
    28    THENCE South 63 degrees 01 minutes 45 seconds West 53.17 feet;
    29    THENCE North 63 degrees 00 minutes 00 seconds West 215.46 feet;
    30    THENCE North 22 degrees 31 minutes 43 seconds East 75.23 feet;
    31    THENCE South 63 degrees 00 minutes 00 seconds East 275.87 feet, to the
    32  westerly side of Crystal Beach Boulevard at point or place of BEGINNING.
    33    Area = 18,797-sq.ft.
    34    § 5. In the  event  that  the  fair  market  value  of  the  parklands
    35  described  in  section  four  of this act to be dedicated by the town of
    36  Brookhaven 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  Brookhaven  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 Brookhaven 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 parklands author-
    46  ized by the provisions of this act shall not occur  until  the  town  of
    47  Brookhaven  has complied with any federal requirements pertaining to the
    48  alienation or conversion of parklands, including satisfying  the  secre-
    49  tary of the interior that the alienation or conversion complies with all
    50  conditions which the secretary of the interior deems necessary to assure
    51  the substitution of other lands shall be equivalent in fair market value
    52  and usefulness to the lands being alienated or converted.
    53    § 7. This act shall take effect immediately.