senate Bill S6694A

Signed by Governor Amended

Relates to 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

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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

  • 28 / Feb / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Mar / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 06 / Mar / 2014
    • PRINT NUMBER 6694A
  • 25 / Mar / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 25 / Mar / 2014
    • PRINT NUMBER 6694B
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1118
  • 10 / Jun / 2014
    • HOME RULE REQUEST
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 11 / Jun / 2014
    • SUBSTITUTED FOR A8400B
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.158
  • 11 / Jun / 2014
    • HOME RULE REQUEST
  • 11 / Jun / 2014
    • PASSED ASSEMBLY
  • 11 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Jul / 2014
    • SIGNED CHAP.152

Summary

Authorizes 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.

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Bill Details

Versions:
S6694
S6694A
S6694B
Legislative Cycle:
2013-2014
Law Section:
Suffolk County

Sponsor Memo

BILL NUMBER:S6694A

TITLE OF BILL: 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

PURPOSE: This legislation is sought in order to facilitate the Town's
proposed exchange of existing town parkland, parcel 800-126-1-p/o 41,
with parcel 800-126-1-42, presently privately owned.

SUMMARY OF PROVISIONS:

Section 1: The town of Smithtown, county of Suffolk is authorized to
discontinue certain lands as parkland as described in Section 3 of
this act.

Section 2: Denotes that authorization shall be effective on the
condition that the town of Smithtown acquire and dedicate property as
parklands, as described in Section 4 of this act.

Section 3. Describes the metes and bounds of the property to be
discontinued and alienated and conveyed.

Section 4: Describes the metes and bounds of the property to be
acquired and dedicated by the town of Smithtown, county of Suffolk for
use as parkland.

Section 5: Describes that, in the event that the lands to be acquired,
as described in Section 4 of this act, are not equal or greater in
fair market value than the lands being alienated, as described in
Section 3 of this act, the town of Smithtown 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.

Section 6: Describes that, if the land that is the subject of this act
has received funding pursuant to the federal land and water
conservation fund, the discontinuance of parklands authorized by the
provisions of this act shall not occur until the municipality has
complied with the federal requirements pertaining to the conversion of
parklands, including 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.

Section 7. States that this act shall take effect immediately.

JUSTIFICATION: This legislation is being sought by the Town of
Smithtown who would like to facilitate the Town's proposed exchange of
existing town parkland, parcel 800-126-1-p/o 41, with parcel
800-126-1-42, presently privately owned. The proposal would result in
the creation of one contiguous parkland/open space parcel, instead of
the current configuration of two separate parcels.

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
________________________________________________________________________

                                 6694--A

                            I N  S E N A T E

                            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

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:

  Section 1. The town of Smithtown, county of Suffolk, is hereby author-
ized  to  discontinue  as  parklands,  alienate  and  convey  the  lands
described in section three of this act.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that the town  of  Smithtown  acquire  and
dedicate  as  parklands the lands described in section four of this act,
such land to be used for park purposes.
  S 3. The lands to be  discontinued  as  parklands  and  alienated  and
conveyed are described as follows:
  All  that  certain  Plot  or  Parcel  of  Land  with the buildings and
improvements thereon erected, situate, lying  and  being  at  Smithtown,
Town of Smithtown, Suffolk County and State of New York being designated
as part of Lot 39, "Map of Timbercroft, Addition 2" filed in the Suffolk
County Clerks Office October 14, 1942 as File No. 1378, more particular-
ly bounded and described as follows:
  BEGINNING  on the dividing line of Lot 39 and Lot 40 of said map, "Map
of Timbercroft, Addition 2", being on the north side  of  Mobery  Avenue
south  87  degrees  47'  minutes 10" seconds west a distance of 1006.62'
feet from the end of a curve connecting the westerly side of Old Willets
Path and the northerly side of Mobrey Avenue;
  Thence, westerly along the northerly side of Mobrey Avenue,  south  87
degrees  47'  minutes 10" seconds west a distance of 100.00' feet to the
west side of Lot 39,
  Thence, northerly, along the west side of Lot 39, north 2 degrees  13'
minutes 10" seconds west a distance of 335.00' feet,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13219-03-4

S. 6694--A                          2

  Thence,  easterly,  through  Lot  39, north 87 degrees 47' minutes 10"
seconds east a distance of 100.00' feet to the dividing line of  Lot  39
and Lot 40,
  Thence,  southerly,  along  said  dividing  line,  south 2 degrees 13"
minutes 10" seconds east a distance of 335.00'  feet  to  the  POINT  OF
BEGINNING.
  Consisting of .77 acres±.
  S 4. The replacement lands to be acquired and dedicated by the town of
Smithtown, county of Suffolk to use as parkland for public park purposes
are described as follows:
  All  that  certain  Plot  or  Parcel  of  Land  with the buildings and
improvements thereon erected, situate, lying  and  being  at  Smithtown,
Town of Smithtown, Suffolk County and State of New York being designated
as part of Lot 42, "Map of Timbercroft, Addition 2" filed in the Suffolk
County Clerks Office October 14, 1942 as File No. 1378, more particular-
ly bounded and described as follows:
  BEGINNING  on the dividing line of Lot 42 and Lot 43 of said map, "Map
of Timbercroft, Addition 2", being located the following two (2) courses
from the end of a curve connecting the westerly side of Old Willets Path
and the northerly side of Mobrey Avenue:
  1. South 87 degrees 47' minutes 10" seconds west a distance of 706.62'
along the northerly side of Mobrey Avenue to the dividing line of Lot 42
and Lot 43,
  2. Northerly, along said dividing line, north 2  degrees  13'  minutes
10" seconds west a distance of 335.00' feet to the POINT OF BEGINNING.
  Thence,  westerly,  through  Lot  42, south 87 degrees 47' minutes 10"
seconds west a distance of 100.00' feet to the dividing line of  Lot  42
and Lot 41,
  Thence,  northerly,  along  said  dividing  line,  north 2 degrees 13'
minutes 10" seconds west a distance of 387.89' feet,
  Thence, easterly, south 79 degrees 36'  minutes  20"  seconds  east  a
distance of 102.47' to the dividing line of Lot 42 and Lot 43.
  Thence,  southerly,  along  said  dividing  line,  south 2 degrees 13"
minutes 10" seconds east a distance of 365.53'  feet  to  the  POINT  OF
BEGINNING.
  Consisting of .86 acres±.
  S  5.  In  the  event  that  the lands to be acquired, as described in
section four of this act, are not equal or greater in fair market  value
than  the  lands  being alienated, as described in section three of this
act, the town of Smithtown 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 6. If the land that is the subject of this act has received  funding
pursuant to the federal land and water conservation fund, the discontin-
uance  of  parklands  authorized by the provisions of this act shall not
occur until the municipality has complied with the federal  requirements
pertaining  to  the  conversion  of  parklands, including 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 7. This act shall take effect immediately.

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