senate Bill S559

Signed by Governor

Authorizes the county of Nassau to transfer ownership of certain parklands to Conservation Partners, LLC

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Feb / 2011
    • 1ST REPORT CAL.76
  • 14 / Feb / 2011
    • 2ND REPORT CAL.
  • 15 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 04 / Apr / 2011
    • HOME RULE REQUEST
  • 04 / Apr / 2011
    • PASSED SENATE
  • 04 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 04 / Apr / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 16 / May / 2011
    • SUBSTITUTED FOR A129
  • 16 / May / 2011
    • ORDERED TO THIRD READING CAL.288
  • 16 / May / 2011
    • HOME RULE REQUEST
  • 16 / May / 2011
    • PASSED ASSEMBLY
  • 16 / May / 2011
    • RETURNED TO SENATE
  • 20 / May / 2011
    • DELIVERED TO GOVERNOR
  • 01 / Jun / 2011
    • SIGNED CHAP.38

Summary

Authorizes the the county of Nassau to transfer ownership of certain parklands to Conservation Partners, LLC.

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Bill Details

See Assembly Version of this Bill:
A129
Versions:
S559
Legislative Cycle:
2011-2012
Law Section:
Real Property
Versions Introduced in 2009-2010 Legislative Cycle:
S8336A, A11562A

Sponsor Memo

BILL NUMBER:S559

TITLE OF BILL:
An act
authorizing the county of Nassau to transfer ownership of certain
parklands to Conservation Partners, LLC

PURPOSE:
This bill authorizes Nassau County to convey a vacant parcel
of open space property in the Village of Oyster Bay, which parcel is
adjacent to Nassau County's Tiffany Creek Park and may constitute
passive parkland, to Conservation Partners LLC.

SUMMARY OF PROVISIONS:
Nassau County is authorized by this bill to
convey certain park property to Conservation Partners LLC. Under the
authorized transaction, the property must be kept undeveloped.

JUSTIFICATION:
The subject property is being alienated as part of a
transaction to leverage the County's open space preservation efforts
and increase the acreage of open space in Nassau County. Under the
proposed "swap transaction," the County will alienate fee simple
title to 33.51 acres of open space property acquired under the
County's 2004 Environmental Bond Act (such property, the "Northwood
Estate") and, in return, will (i) retain a conservation easement on
the Northwood Estate preserving the natural beauty and openness of
the subject property and ensuring in perpetuity that the Northwood
Estate is not developed; and (ii) acquire for open space purposes fee
simple title to approximately thirty-five (35) acres of property in
the Village of Old Brookville comprising a portion of the Banfi Farm.

This transaction allows the County to increase the land preserved from
the County's initial outlay of $11 million, from the original 33.51
acres constituting the Northwood Estate, to an enhanced total of
approximately 69 acres when the additional 35 acres of the Banfi farm
are included.

LEGISLATIVE HISTORY:
S.8336-A/A.11562-A of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   559

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT authorizing the county of Nassau to transfer ownership of certain
  parklands to Conservation Partners, LLC

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  Nassau county legislature is hereby authorized and
empowered to convey the parkland property described in  section  two  of
this  act, upon terms to be fixed and determined by such county legisla-
ture, to Conservation Partners LLC, which  terms  and  conditions  shall
include  the  placement of a conservation easement on the property to be
conveyed prohibiting  any  future  development  on  the  property.  This
authorization  is  based upon the unique facts and circumstances of this
particular parkland property which include: the  property  was  acquired
for  open  space  protection  purposes  and  does not have any developed
recreational facilities; after conveyance, the open  space  features  of
the  property will be permanently protected through a conservation ease-
ment; and the conveyance is part of a larger  conservation  land  trans-
action  that  will result in a net increase of more than thirty acres of
permanently protected open space in a densely developed area  of  Nassau
County.
  S  2.  The parkland referred to in section one of this act is located,
bounded and described as follows:
  ALL that certain plot, piece or parcel of land with the buildings  and
improvements thereon erected, situate, lying and being in the village of
Oyster  Bay  Cove,  town  of  Oyster Bay, county of Nassau, state of New
York, being bounded and described as follows:
  BEGINNING on the westerly side of Sandy Hill Road distant 1384.16 feet
northerly from the corner formed by the intersection  of  the  northerly
side of Berry Hill Road with the westerly side of Sandy Hill Road;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02312-01-1

S. 559                              2

  RUNNING  THENCE  westerly along the arc of a curve bearing to the left
having a radius of 25.00 feet a distance of 39.27 feet;
  THENCE south 83 degrees 04 minutes 20 seconds west a distance of 25.00
feet;
  THENCE westerly along the arc of a curve bearing to the right having a
radius of 390.00 feet a distance of 173.58 feet;
  THENCE  westerly along the arc of a curve bearing to the left having a
radius of 380.00 feet a distance of 169.12 feet;
  THENCE south 83 degrees 04 minutes 20 seconds west a distance of 89.01
feet;
  THENCE westerly along the arc of a curve bearing to the right having a
radius of 290.00 feet a distance of 410.74 feet;
  THENCE westerly along the arc of a curve bearing to the left having  a
radius of 70.00 feet a distance of 75.44 feet;
  THENCE westerly along the arc of a curve bearing to the right having a
radius of 60.00 feet a distance of 60.22 feet;
  THENCE  north  66  degrees  26  minutes  21 seconds west a distance of
204.70 feet;
  THENCE north 85 degrees 00 minutes  00  seconds  west  a  distance  of
170.00 feet;
  THENCE  south  78  degrees  00  minutes  00 seconds west a distance of
475.00 feet to the easterly side of Berry Hill Road;
  THENCE along the easterly side of Berry Hill Road north 32 degrees  51
minutes  00  seconds west a distance of 351.40 feet to the easterly side
of McCoun's Lane;
  THENCE along the easterly side of McCouns Lane the following four  (4)
courses and distances:
  1)  North  05  degrees  56 minutes 20 seconds east a distance of 96.08
feet;
  2) North 14 degrees 14 minutes 00 seconds east  a  distance  of  33.74
feet;
  3)  North  16  degrees 34 minutes 00 seconds east a distance of 116.24
feet;
  4) North 05 degrees 39 minutes 00 seconds east  a  distance  of  10.35
feet to the property to be retained by Frank E. Richardson;
  THENCE  along  said property to be retained by Frank E. Richardson the
following twenty-three (23) courses and distances:
  1) North 75 degrees 38 minutes 40 seconds east a  distance  of  296.05
feet;
  2)  South  82  degrees 24 minutes 29 seconds east a distance of 256.12
feet;
  3) South 19 degrees 11 minutes 04 seconds east a  distance  of  193.14
feet;
  4)  South  33  degrees 18 minutes 52 seconds east a distance of 267.33
feet;
  5) South 57 degrees 29 minutes 46 seconds east  a  distance  of  83.63
feet;
  6)  South  84  degrees 34 minutes 32 seconds east a distance of 146.34
feet;
  7) South 29 degrees 51 minutes 25 seconds east  a  distance  of  49.27
feet;
  8)  Easterly  along  the  arc of a curve bearing to the right having a
radius of 60.00 feet a distance of 69.79 feet;
  9) North 64 degrees 03 minutes 15 seconds east a  distance  of  125.58
feet;

S. 559                              3

  10)  Easterly  along  the arc of a curve bearing to the right having a
radius of 160.00 feet a distance of 78.13 feet;
  11)  South  71 degrees 10 minutes 52 seconds east a distance of 151.22
feet;
  12) Easterly along the arc of a curve bearing to  the  left  having  a
radius of 200.00 feet a distance of 148.67 feet;
  13)  Easterly  along  the  arc of a curve bearing to the left having a
radius of 500.00 feet a distance of 193.68 feet;
  14) Northerly along the arc of a curve bearing to the  left  having  a
radius of 175.00 feet a distance of 183.26 feet;
  15)  North  35 degrees 38 minutes 27 seconds west a distance of 450.75
feet;
  16) North 51 degrees 04 minutes 49 seconds west a distance  of  203.75
feet;
  17)  North  65  degrees 33 minutes 11 seconds west a distance of 89.57
feet;
  18) North 81 degrees 21 minutes 34 seconds west a distance  of  191.13
feet;
  19)  North  57 degrees 26 minutes 42 seconds west a distance of 109.00
feet;
  20) North 79 degrees 01 minutes 57 seconds west a distance  of  102.74
feet;
  21)  North  45 degrees 48 minutes 15 seconds west a distance of 190.79
feet;
  22) South 71 degrees 02 minutes 28 seconds west a distance  of  420.17
feet;
  23)  North  35 degrees 53 minutes 50 seconds west a distance of 184.12
feet to the land now or formerly of Oleg Cassini Inc.;
  THENCE along the land now or formerly of Oleg Cassini Inc. the follow-
ing three (3) courses and distances:
  1) North 69 degrees 35 minutes 20 seconds east  a  distance  of  66.65
feet;
  2)  North  68  degrees 44 minutes 50 seconds east a distance of 286.59
feet;
  3) North 64 degrees 53 minutes 50 seconds east a  distance  of  532.68
feet to the lands now or formerly of Christian Enterprises Inc;
  THENCE along said lands the following two (2) courses and distances;
  1)  South  30  degrees  47 minutes 10 seconds east a distance of 93.53
feet;
  2) North 79 degrees 45 minutes 30 seconds east a  distance  of  588.73
feet to the westerly side of Sandy Hill Road;
  THENCE  along  the  westerly side of Sandy Hill Road the following ten
(10) courses and distances;
  1) South 19 degrees 40 minutes 20 seconds  west  a  distance  of  6.46
feet;
  2)  South  23  degrees  27 minutes 10 seconds west a distance of 66.25
feet;
  3) South 10 degrees 27 minutes 50 seconds west a  distance  of  157.18
feet;
  4)  South  09  degrees 12 minutes 00 seconds east a distance of 128.48
feet;
  5) South 29 degrees 41 minutes 00 seconds east a  distance  of  362.03
feet;
  6)  South  27  degrees 17 minutes 40 seconds east a distance of 156.49
feet;

S. 559                              4

  7) South 01 degrees 47 minutes 20 seconds west a  distance  of  296.43
feet;
  8)  South  00  degrees 29 minutes 40 seconds west a distance of 470.67
feet;
  9) South 04 degrees 42 minutes 30 seconds west a  distance  of  172.75
feet;
  10)  South  06 degrees 55 minutes 40 seconds east a distance of 122.10
feet to the point or place  of  BEGINNING  and  containing  within  said
bounds 33.51 acres.
  S  3.  The  authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of  lands  described  in section two of this act, the county
shall acquire additional lands of equal or  greater  fair  market  value
than the lands being alienated, as described in section two of this act.
Such  lands to be acquired, which shall be dedicated as parkland and for
open space protection purposes and shall be made available for the bene-
fit of the public as parkland, being bound and described as follows:
  All that certain lot, piece or parcel  of  lands  lying,  situate  and
being  in  the  village of Old Brookville, town of Oyster Bay, county of
Nassau, State of New York, bounded and described as follows:
  BEGINNING at a point formed by the intersection of the southerly  side
of Chicken Valley Road and the westerly side of Hegemans Lane.
  RUNNING  THENCE along the westerly side of Hegemans Lane the following
two (2) courses:
  1) S 13° 31' 47" W, 393.35 feet;
  2) S 13° 22' 47" W, 1,648.88 feet to Lot 2 as shown on the "Map  of  M
and M Partners Development";
  THENCE along said lot the following four (4) courses:
  1) S 84° 04' 33" W, 583.65 feet;
  2) N 05° 55' 27" W, 477.19 feet;
  3)  Northerly  along the arc of a curve bearing to the right, having a
radius of 550.00 feet and a length of 125.36 feet;
  4) N 89° 44' 32" W, 569.83 feet to land now or formerly of MacDonnell;
  THENCE along said land N 01° 50' 09" W, 158.13 feet to  the  southerly
side of Chicken Valley Road;
  THENCE along said road line the following eleven (11) courses:
  1) N 56° 25' 54" E, 257.01 feet;
  2) N 50° 39' 40" E, 170.07 feet;
  3) N 35° 05' 40" E, 274.28 feet;
  4) N 64° 15' 40" E, 370.87 feet;
  5) N 36° 45' 40" E, 233.16 feet;
  6) N 48° 21' 40" E, 201.23 feet;
  7) N 51° 29' 40" E, 91.87 feet;
  8) N 62° 44' 40" E, 231.39 feet;
  9) N 52° 15' 40" E, 163.87 feet;
  10) N 62° 47' 40" E, 119.43 feet;
  11) N 70° 55' 47" E, 38.26 feet to the POINT or PLACE of BEGINNING and
containing within said bounds 35.36 acres.
  S  4.  In  the  event  that  the lands to be acquired, as described in
section three of this act, are not equal or greater in fair market value
than the lands being alienated, as described in section two of this act,
the county of Nassau shall dedicate the difference in  the  fair  market
value  for  the  acquisition  of additional parklands and/or for capital
improvements to existing park and recreational facilities.
  S 5. If the land that is the subject of this legislation has  received
funding  pursuant  to  the federal land and water conservation fund, the

S. 559                              5

discontinuance of parkland authorized by the provisions of  this  legis-
lation  shall  not  occur  until  the municipality has complied with the
federal requirements pertaining to the conversion of parklands,  includ-
ing  satisfying  the  secretary  of the interior that the discontinuance
will include all conditions which the secretary of  the  interior  deems
necessary  to assure the substitution of other lands shall be equivalent
in fair market value and recreational  usefulness  to  the  lands  being
discontinued.
  S 6. This act shall take effect immediately.

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