senate Bill S6694B

Signed by Governor

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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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

See Assembly Version of this Bill:
A8400B
Versions:
S6694
S6694A
S6694B
Legislative Cycle:
2013-2014
Law Section:
Suffolk County

Sponsor Memo

BILL NUMBER:S6694B

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--B

                            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 -- 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 new 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13219-05-4

S. 6694--B                          2

  Thence,  northerly, along the west side of Lot 39, north 2 degrees 13'
minutes 10" seconds west a distance of 335.00' feet,
  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 new 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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