Senate Bill S7887

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

    S. 7887--A                                           A. 11149--A

                      S E N A T E - A S S E M B L Y

                              May 20, 2010
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
  referred   to   the   Committee  on  Local  Governments  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to authorize the village of Port Jefferson, town  of  Brookhaven,
  county  of  Suffolk  to  discontinue  the use of certain city lands as
  parkland and to alienate and convey such lands

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

  Section  1.  The village of Port Jefferson, town of Brookhaven, county
of Suffolk, is hereby authorized 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 village of Port Jefferson 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 piece or parcel of land, situate lying and being
in  the  Inc.  Village  of Port Jefferson, Town of Brookhaven, County of
Suffolk, State of New York, being Part of Lot 9, Block  6,  Section  21,
District  206  as  designated  on  the tax maps of the county of Suffolk
Department of Real Property Tax Service Agency, more particularly bound-
ed and described as follows:
  Commencing at the point of intersection of the northerly side  of  the
Caroline Street, to the easterly side of Brook Road;
  Thence  easterly  along  the  north  side  of  Caroline  Street  NORTH
75°34'25" EAST, 29.60 feet to the point or place of Beginning;
  Thence northerly through Tax Lot 9 the following four courses:

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

                                                           LBD17208-02-0

S. 7887--A                          2                        A. 11149--A

  1. NORTH 06°21'44" WEST 28.02 feet;
  2. Thence NORTH 16°39'14" 99.90 feet;
  3. Thence NORTH 57°15'25" EAST 72.16 feet;
  4.  Thence SOUTH 32°44'35" EAST 129.44 feet to the north side of Caro-
line Street;
  Continuing westerly along  the  north  side  of  Caroline  Street  the
following two courses:
  1. SOUTH 57°15'25" WEST 33.86 feet;
  2.  Thence  SOUTH  75°34'25" WEST 133.35 feet to the point or place of
BEGINNING;
  Having an area of 15,100.58 square feet or 0.3467 acres more or less.
  S 4. The replacement lands to be acquired and dedicated by the village
of Port Jefferson, town of Brookhaven, county of Suffolk to use as park-
land for public park purposes are described as follows:
  All that certain plot piece or parcel of land, situate lying and being
in the Inc. Village of Port Jefferson, Town  of  Brookhaven,  County  of
Suffolk,  State of New York, being Lot 3, Block 2, Section 06, as desig-
nated on the tax maps of the County of Suffolk Department of Real  Prop-
erty  Tax  Service  Agency,  more  particularly bounded and described as
follows:
  Commencing at the extreme westerly terminus of a curve connecting  the
westerly side of Winston Drive, to the northerly line of Oakwood Road;
  Thence  continuing  easterly through the right of way of Winston Drive
the following two courses:
  1. South 81°44'07" East, 40.98 feet;
  2. North 59-22'53" East, 47.49 feet to the intersection  of  the  east
side of Winston Drive and north side of the southerly extension of Crys-
tal Brook Hollow Road and the point or place of BEGINNING;
  Thence  northerly  from  the point of beginning along the east side of
Winston Drive the following four courses:
  1. Thence North 20°55'00" East, 131.18 feet to a point of curvature;
  2. Thence along a curve bearing to  the  right,  having  a  radius  of
1,175.00 feet, an arc length of 143.71 feet;
  3. Thence North 27°54'00" East, 174.98 feet to a point of curvature;
  4. Thence along a curve bearing to the left, having a radius of 425.00
feet,  an arc length of 43.37 feet to the extreme easterly terminus of a
curve connecting the easterly side of Winston Drive,  to  the  southerly
line of Crystal Brook Hollow Road;
  Thence  easterly along the south side of Crystal Brook Hollow Road the
following two courses:
  1. Thence along a curve bearing to the right, having a radius of 25.00
feet, an arc length of 24.45 feet;
  2. Thence North 78°05'24" East, 384.86 feet to a point of intersection
of Crystal Brook Hollow Road and the southerly extension  Crystal  Brook
Hollow Road:
  Thence  along  the  north  side  of the southerly extension of Crystal
Brook Hollow Road the following three courses:
  1. Thence South 43°35'51" West, 423.02 feet to a point of curvature;
  2. Thence along a curve bearing to  the  right,  having  a  radius  of
1,200.00 feet, an arc length of 330.58 feet to a concrete monument;
  3.  Thence  South  59°22'53" West, 59.53 feet to the point or place of
BEGINNING;
  Having an area of 100,459.47 square feet or 2.31 acres more or less.
  S 5. In the event that the replacement lands to be acquired and  dedi-
cated  as parkland, described in section four of this act, are not equal
to or greater than the fair market value of the parklands to  be  alien-

S. 7887--A                          3                        A. 11149--A

ated,  as  described  in  section three of this act, the village of Port
Jefferson shall acquire  and  dedicate  additional  lands  for  parkland
and/or  cause funds to be made available for capital improvements to its
existing  park  and recreational facilities, as necessary, to equal such
fair market value.
  S 6. The discontinuance and conveyance of parkland authorized  by  the
provisions of this act shall not occur until the village of Port Jeffer-
son  has complied with any federal requirements pertaining to the alien-
ation or conversion of parklands, including satisfying the secretary  of
the  interior that the conversion complies with 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 alienated or converted.
  S 7. This act shall take effect immediately.