senate Bill S6782B

Signed by Governor

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District

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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

  • 21 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Apr / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 09 / Apr / 2012
    • PRINT NUMBER 6782A
  • 01 / May / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 01 / May / 2012
    • PRINT NUMBER 6782B
  • 16 / May / 2012
    • 1ST REPORT CAL.829
  • 21 / May / 2012
    • 2ND REPORT CAL.
  • 22 / May / 2012
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2012
    • HOME RULE REQUEST
  • 14 / Jun / 2012
    • PASSED SENATE
  • 14 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2012
    • REFERRED TO LOCAL GOVERNMENTS
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A9739B
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.421
  • 20 / Jun / 2012
    • HOME RULE REQUEST
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.417

Summary

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.

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Bill Details

See Assembly Version of this Bill:
A9739B
Versions:
S6782
S6782A
S6782B
Legislative Cycle:
2011-2012
Law Section:
Nassau County

Sponsor Memo

BILL NUMBER:S6782B

TITLE OF BILL:
An act
to authorize the county of Nassau to transfer ownership of certain
parklands to the Oyster Bay Water District

PURPOSE:
This bill authorizes Nassau County to convey
fee simple title
in a vacant parcel of passive parkland in the Village of Oyster Bay
Cove to the Oyster Bay Water District.

SUMMARY OF PROVISIONS:
The County is authorized by this bill to convey
certain passive park property to the Oyster Bay Water District. Prior
to or concurrent with the conveyance, the County must designate
certain other lands as parklands to be placed in the County's park
trust.

JUSTIFICATION:
This Bill would enable the Oyster Bay Water District
(the "District") to construct a well on a 0.53 acre parcel of County
property known as the Tiffany Creek Preserve, which parcel is
adjacent to a facility already owned by the District. The well is
needed to facilitate the supply of clean drinking water in Nassau
County, and will promote the health, safety and welfare of the
general public. In addition, for facilitating this transfer, the
County will be permitted to attach communications antennae to the
District's water tower adjacent to the parcel to be conveyed. These
antennae will be used by the Nassau County Police Department.
Finally, a 4.3 acre parcel of property to be acquired by the County
from the State of New York will be dedicated as parkland by the
County to replace the portion of the Tiffany Creek Preserve being
transferred to the District. This will result in the overall addition
of parkland for enjoyment by the general public.

LEGISLATIVE HISTORY:
New Bill.

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
________________________________________________________________________

                                 6782--B

                            I N  S E N A T E

                             March 21, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  to  authorize  the  county  of  Nassau to transfer ownership of
  certain parklands to the Oyster Bay Water District

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

  Section 1. Subject to the provisions of this act, the county of Nassau
is hereby authorized and empowered to discontinue as county parkland and
convey  the  property  described  in  section two of this act, which was
heretofore used by such county for park and/or recreational purposes and
is within the Tiffany Creek Preserve, upon terms to be fixed and  deter-
mined  by such county and approved by its legislature, to the Oyster Bay
water district.
  S 2.  The lands referred to in section one of this  act  are  located,
bounded and described as follows:
  All that certain plot, piece or parcel of land situate lying and being
at  the  Incorporated  Village  of  Oyster Bay Cove, Town of Oyster Bay,
County of Nassau and State of New York, being bounded and  described  as
follows:
  BEGINNING  at the northwesterly most corner of the existing Oyster Bay
Water District Plant 8. Said point of beginning being further  described
as  being  the  following six (6) bearings and distances from the inter-
section of the northerly side of Berry Hill Road with the westerly  side
of Sandy Hill Road:
  1. North 76° 35' 10" West 128.29 feet;
  2. North 77° 50' 30" West 154.69 feet;
  3. North 83° 33' 10" West 98.79 feet;
  4. North 01° 01' 44" West 253.57 feet;
  5. North 34° 30' 00" West 75.00 feet;
  6.  North  84° 30' 00" West 55.00 feet to the point or place of begin-
ning.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15120-04-2

S. 6782--B                          2

  THENCE southerly by and with the westerly side of the existing  Oyster
Bay  Water  District  Plant  8,  the  following  two  (2)  bearings  and
distances:
  1. South 45° 30' 00" West 150.00 feet;
  2. South 03° 30' 00" West 20.28 feet;
  THENCE through property of the County of Nassau the following four (4)
bearings and distances:
  1. North 72° 04' 40" West 150.29 feet;
  2. North 17° 55' 20" East 130.00 feet;
  3. South 72° 04' 40" East 112.10 feet;
  4.  South 84° 30' 00" East 105.04 feet to the point or place of begin-
ning.
  Said property containing an area  of  approximately  23,136.62  square
feet (0.53 acres).
  S 3. Subject to the provisions of this act, the Nassau county legisla-
ture  is hereby further authorized and empowered to convey to the Oyster
Bay Water District a non-pollution easement encompassing a radius of 200
feet surrounding the well head to be installed on the property described
in section two of this act, the area of such easement being shown upon a
map entitled "OYSTER BAY WATER DISTRICT PLANT 8 EXPANSION"  prepared  by
Holzmacher,  McLendon  &  Murrell, P.C. and dated September 22, 2009 and
last revised March 8, 2012. Such land shall remain open to  the  general
public for passive park and recreational purposes.
  S  4.  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 and/or the
conveyance of the easement described in section three 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 park-
land, are designated by the following designations on the Nassau  County
Land and Tax Map:
  1) Section 65, Block 58, Lot 648
  2) Section 63, Block 20, Lot 704
  3) Section 65, Block 59, Lot 751
  4) Section 63, Block 21, Lot 803
such parcels being those acquired by the People of the State of New York
and containing therein approximately 4.13 acres +/-.
  S  5. If the parcel described in section two of this act is greater in
fair market value than  the  parcels  being  dedicated  as  parkland  in
section  four  of  this  act,  the  county  of Nassau shall dedicate the
difference in the fair market value of such lands for the acquisition of
additional park lands and/or for capital improvements to  existing  park
and recreational facilities.
  S  6.  If the parkland that is being discontinued has received federal
funding pursuant to the Land and Water Conservation Fund, the discontin-
uance and conveyance of park land authorized by the provisions  of  this
act  shall  not  occur  until the county of Nassau has complied with any
state requirements pursuant to state issued  grants  for  effected  park
property  and  federal  requirements  pertaining  to  conversion of park
lands, including satisfying the  secretary  of  the  interior  that  the
alienation  or  conversion complies with all conditions which the secre-
tary of the interior deems necessary to assure the substitution of other
lands shall be equivalent in fair market value and recreational  useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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