senate Bill S2768B

2009-2010 Legislative Session

Authorizes the city of New York to discontinue use of certain park land and convey it to the St. Michael's cemetery

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 25, 2010 referred to cities
Jun 24, 2010 delivered to assembly
passed senate
home rule request
ordered to third reading cal.1182
committee discharged and committed to rules
Jun 08, 2010 print number 2768b
amend and recommit to cities
Apr 13, 2010 committee discharged and committed to cities
Jan 06, 2010 referred to local government
Jul 16, 2009 committed to rules
Jul 15, 2009 amended on third reading 2768a
Apr 21, 2009 advanced to third reading
Apr 20, 2009 2nd report cal.
Apr 07, 2009 1st report cal.163
Mar 02, 2009 referred to local government

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2768 - Bill Details

See Assembly Version of this Bill:
A4317B
Current Committee:
Assembly Cities
Law Section:
New York City

S2768 - Bill Texts

view summary

Authorizes the city of New York to discontinue use of certain park land and convey it to the St. Michael's cemetery.

view sponsor memo
BILL NUMBER: S2768

TITLE OF BILL :
An act to authorize the city of New York to discontinue use of and
convey certain park land


PURPOSE :
To authorize the city of New York to discontinue use of certain park
land and convey it to the St. Michael's cemetery.

SUMMARY OF PROVISIONS :
Section 1. Authorizes the city of New York to discontinue use as park
land and to convey, in fee simple, the land described in section three
of this act to Saint Michael's Cemetery.

Section 2. Provides that the authorization of this act shall be
subject to the requirement that the city of New York shall use any
proceeds and/or land received in exchange for the conveyance
authorized by this act to acquire land, to be dedicated for park
purposes in an amount equal to or greater than the fair market value
of the land being conveyed.

Section 3. Describes the land authorized to be discontinued as park
land and conveyed as the property bounded by Astoria Boulevard to the
north, 30th Avenue to the south, the Brooklyn-Queens Expressway to the
east, and St. Michael's Cemetery to the west, in the Astoria section
of Queens, City and state of New York. The property consists of a 3.77
acre highly irregularly shaped parcel of vacant land know as St.
Michael's Park.

JUSTIFICATION :
This legislation would allow St. Michael's Cemetery, located in
Astoria, Queens to acquire a small strip of park land that is
underutilized and in disrepair located adjacent to the cemetery.

St. Michael's Cemetery has agreed to transfer a replacement parcel of
land to the city of New York in order to replace the park land
acquired and ensure that the western Queens community does not lose
valuable green space.

PRIOR LEGISLATIVE HISTORY :
None.

FISCAL IMPLICATIONS :
To be determined.

EFFECTIVE DATE :
This act shall take effect immediately.
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The Bill text is not available.

S2768A - Bill Details

See Assembly Version of this Bill:
A4317B
Current Committee:
Assembly Cities
Law Section:
New York City

S2768A - Bill Texts

view summary

Authorizes the city of New York to discontinue use of certain park land and convey it to the St. Michael's cemetery.

view sponsor memo
BILL NUMBER: S2768A

TITLE OF BILL :
An act to authorize the city of New York to discontinue use of and
convey certain park land


PURPOSE :
To authorize the city of New York to discontinue use of certain park
land and convey it to the St. Michael's cemetery.

SUMMARY OF PROVISIONS :
Section 1. Authorizes the city of New York to discontinue use as park
land and to convey, in fee simple, the land described in section three
of this act to Saint Michael's Cemetery.

Section 2. Provides that the authorization of this act shall be
subject to the requirement that the city of New York shall use any
proceeds and/or land received in exchange for the conveyance
authorized by this act to acquire land, to be dedicated for park
purposes in an amount equal to or greater than the fair market value
of the land being conveyed.

Section 3. Describes the boundaries of the land authorized to be
discontinued as park land and conveyed to St. Michael's Cemetery.

JUSTIFICATION :
This legislation would allow St. Michael's Cemetery, located in
Astoria, Queens to acquire a small strip of park land that is
underutilized and in disrepair located adjacent to the cemetery.

St. Michael's Cemetery has agreed to transfer a replacement parcel of
land to the city of New York in order to replace the park land
acquired and ensure that the western Queens community does not lose
valuable green space.

PRIOR LEGISLATIVE HISTORY :
None.

FISCAL IMPLICATIONS :
To be determined.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2768--A
    Cal. No. 163

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sen. ONORATO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  authorize  the  city  of New York to discontinue use of and
  convey certain park land

  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, but notwithstanding
any provision of general, special or local law to the contrary, the city
of New York is authorized to discontinue use as park land and to convey,
in fee simple, the land described in section three  of  this  act.  Such
land  is  authorized to be conveyed to the Saint Michael's Cemetery upon
such terms and conditions as the city council of the city  of  New  York
shall determine to be fair and reasonable.
  S  2.  The  authorization provided in section one of this act shall be
subject to the requirement that the city  of  New  York  shall  use  any
proceeds  and/or land received in exchange for the conveyance authorized
by this act to acquire land, to be dedicated for park  purposes,  in  an
amount  equal to or greater than the fair market value of the land being
conveyed pursuant to this act and/or used for  capital  improvements  to
existing park and recreational facilities.
  S  3. The land authorized to be discontinued as park land and conveyed
is as follows:
  ALL that certain plot, piece or parcel of land, lying and being in the
Borough and County of Queens, City and State of New  York,  bounded  and
described as follows:
  BEGINNING  at  the  corner  formed by the intersection of the westerly
side of Brooklyn-Queens Expressway East (Service Road),  also  known  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07529-04-9

S. 2768--A                          2

Boody  Street, with the northerly side of 30th Avenue, formerly known as
Grand Avenue (80 feet wide);
  RUNNING  THENCE  along  the  northerly  side  of 30th Avenue, South 53
degrees 05 minutes 15 seconds West, 57.40 feet;
  THENCE North 1 degree 15 minutes 59.9 seconds West, 1635.52 feet;
  THENCE South 88 degrees 20 minutes 01.5 second East, 142.31 feet;
  THENCE North 19 degrees 17 minutes 37 seconds East, 31.30 feet;
  THENCE North 4 degrees 20 minutes 15 seconds West, 206.73 feet;
  THENCE North 8 degrees 45 minutes 15 seconds West, 25.00 feet;
  THENCE North 11 degrees 45 minutes 55 seconds West, 363.31 feet;
  THENCE North 11 degrees 05 minutes 28.4 seconds West, 301.87  feet  to
the  southerly  side of Grand Central Parkway (Service Road), also known
as Astoria Boulevard;
  THENCE along the southerly side  of  Grand  Central  Parkway  (Service
Road), also known as Astoria Boulevard, North 73 degrees 53 minutes 24.9
seconds  East, 15.99 feet to the extreme northwesterly end of the arc of
a curve which connects the  southerly  side  of  Grand  Central  Parkway
(Service  Road),  also known as Astoria Boulevard with the westerly side
of Brooklyn-Queens Expressway East (Service Road), also known  as  Boody
Street;
  THENCE  southeasterly  along  the  westerly  side  of  Brooklyn-Queens
Expressway East (Service Road), also known as Boody Street and along the
last mentioned arc of a curve, bearing to the right having a  radius  of
30.00 feet, a distance of 22.63 feet;
  THENCE  continuing along the westerly side of Brooklyn-Queens Express-
way East (Service Road), also known as Boody Street, the following eight
(8) courses and distances:
  1) South 14 degrees 41 minutes 57.9 seconds East, 556.50 feet;
  2) southerly along the arc of a curve bearing to the  right  having  a
radius of 569.64 feet, a distance of 337.96 feet;
  3) South 19 degrees 17 minutes 37 seconds West, 93.40 feet;
  4)  southerly  along  the  arc of a curve bearing to the left having a
radius of 816.10 feet, a distance of 275.78 feet;
  5) South 0 degrees 04 minutes 05.3 seconds East, 335.50 feet;
  6) southerly along the arc of a curve bearing to the  right  having  a
radius of 630.99 feet, a distance of 105.76 feet;
  7)  southerly  along  the  arc of a curve bearing to the left having a
radius of 500.00 feet, a distance of 94.51 feet;
  8) South 1 degree 17 minutes 43.9 seconds East,  730.91  feet  to  the
northerly side of 30th Avenue, at the point or place of BEGINNING.
  S 4. This act shall take effect immediately.

S2768B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4317B
Current Committee:
Assembly Cities
Law Section:
New York City

S2768B (ACTIVE) - Bill Texts

view summary

Authorizes the city of New York to discontinue use of certain park land and convey it to the St. Michael's cemetery.

view sponsor memo
BILL NUMBER:S2768B

TITLE OF BILL:
An act
to authorize the city of New York to discontinue use of and convey
certain park land

PURPOSE:
To authorize the city of New York to discontinue use of certain park
land and convey it to the St. Michael's cemetery.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the city of New York to discontinue use as park
land and to convey, in fee simple, the land described in section
three of this act to Saint Michael's Cemetery.

Section 2. Provides that the authorization of this act shall be
subject to the requirement that the city of New York shall use any
proceeds and/or land received in exchange for the conveyance
authorized by this act to acquire land, to be dedicated for park
purposes in an amount equal to or greater than the fair market value
of the land being conveyed.

Section 3. Describes the boundaries of the land authorized to be
discontinued as park land and conveyed to St. Michael's Cemetery.

JUSTIFICATION:
This legislation would allow St. Michael's Cemetery, located in
Astoria, Queens to acquire a small strip of park land that is
under utilized and in disrepair located adjacent to the cemetery.

St. Michael's Cemetery has agreed to transfer a replacement parcel of
land to the city of New York in order to replace the park land
acquired and ensure that the western Queens community does not lose
valuable green space.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2768--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sen. ONORATO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining  its  place  in the order of third reading -- recommitted to
  the Committee on Local Government in accordance with  Senate  Rule  6,
  sec.  8 -- committee discharged and said bill committed to the Commit-
  tee on Cities -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to authorize the city of New  York  to  discontinue  use  of  and
  convey certain park land

  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 city of New York
is authorized to discontinue use as park land  and  to  convey,  in  fee
simple,  the  land  described in section three of this act. Such land is
authorized to be conveyed to the  Saint  Michael's  Cemetery  upon  such
terms  and  conditions as the city council of the city of New York shall
determine to be fair and reasonable.
  S 2. The authorization provided in section one of this  act  shall  be
subject  to  the  requirement  that  the  city of New York shall use any
proceeds and/or land received in exchange for the conveyance  authorized
by  this  act  to acquire land, to be dedicated for park purposes, in an
amount equal to or greater than the fair market value of the land  being
conveyed  pursuant  to  this act and/or used for capital improvements to
existing park and recreational facilities.
  S 3. The land authorized to be discontinued as park land and  conveyed
is as follows:
  ALL that certain plot, piece or parcel of land, lying and being in the
Borough  and  County  of Queens, City and State of New York, bounded and
described as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07529-05-0

S. 2768--B                          2

  BEGINNING at the corner formed by the  intersection  of  the  westerly
side  of  Brooklyn-Queens  Expressway East (Service Road), also known as
Boody Street, with the northerly side of 30th Avenue, formerly known  as
Grand Avenue (80 feet wide);
  RUNNING  THENCE  along  the  northerly  side  of 30th Avenue, South 53
degrees 05 minutes 15 seconds West, 57.40 feet;
  THENCE North 1 degree 15 minutes 59.9 seconds West, 1635.52 feet;
  THENCE South 88 degrees 20 minutes 01.5 second East, 142.31 feet;
  THENCE North 19 degrees 17 minutes 37 seconds East, 31.30 feet;
  THENCE North 4 degrees 20 minutes 15 seconds West, 206.73 feet;
  THENCE North 8 degrees 45 minutes 15 seconds West, 25.00 feet;
  THENCE North 11 degrees 45 minutes 55 seconds West, 363.31 feet;
  THENCE North 11 degrees 05 minutes 28.4 seconds West, 301.87  feet  to
the  southerly  side of Grand Central Parkway (Service Road), also known
as Astoria Boulevard;
  THENCE along the southerly side  of  Grand  Central  Parkway  (Service
Road), also known as Astoria Boulevard, North 73 degrees 53 minutes 24.9
seconds  East, 15.99 feet to the extreme northwesterly end of the arc of
a curve which connects the  southerly  side  of  Grand  Central  Parkway
(Service  Road),  also known as Astoria Boulevard with the westerly side
of Brooklyn-Queens Expressway East (Service Road), also known  as  Boody
Street;
  THENCE  southeasterly  along  the  westerly  side  of  Brooklyn-Queens
Expressway East (Service Road), also known as Boody Street and along the
last mentioned arc of a curve, bearing to the right having a  radius  of
30.00 feet, a distance of 22.63 feet;
  THENCE  continuing along the westerly side of Brooklyn-Queens Express-
way East (Service Road), also known as Boody Street, the following eight
(8) courses and distances:
  1) South 14 degrees 41 minutes 57.9 seconds East, 556.50 feet;
  2) southerly along the arc of a curve bearing to the  right  having  a
radius of 569.64 feet, a distance of 337.96 feet;
  3) South 19 degrees 17 minutes 37 seconds West, 93.40 feet;
  4)  southerly  along  the  arc of a curve bearing to the left having a
radius of 816.10 feet, a distance of 275.78 feet;
  5) South 0 degrees 04 minutes 05.3 seconds East, 335.50 feet;
  6) southerly along the arc of a curve bearing to the  right  having  a
radius of 630.99 feet, a distance of 105.76 feet;
  7)  southerly  along  the  arc of a curve bearing to the left having a
radius of 500.00 feet, a distance of 94.51 feet;
  8) South 1 degree 17 minutes 43.9 seconds East,  730.91  feet  to  the
northerly side of 30th Avenue, at the point or place of BEGINNING.
  Consisting of 3.77 acres ±.
  S  4.  If  the  parkland  that is the subject of this act has received
funding pursuant to the federal land and water  conservation  fund,  the
discontinuance  of  parkland  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 satis-
fying 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 discontin-
ued.
  S 5. This act shall take effect immediately.

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