Senate Bill S4031A

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

                                 4031--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  recommitted  to  the  Committee on Local Government in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  in  relation  to  authorizing  the county of Nassau to transfer
  ownership of certain parklands to the town of North Hempstead

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

  Section  1.  The  Nassau  county  legislature is hereby authorized and
empowered to discontinue as county parkland and  convey  the  properties
described  in sections two through ten of this act, which was heretofore
used by such county for park and/or recreational  purposes,  upon  terms
agreed upon between the entities, to the town of North Hempstead for use
by  such  town for park and/or recreational purposes, provided, however,
that the town of North Hempstead shall continue  to  provide  access  to
such  parklands  and/or  recreational facilities to all residents of the
county of Nassau and the town shall not enact any fees or charges  which
are  higher for county residents who are not town residents.  Any reven-
ues received from the county from the transfer of parklands pursuant  to
this  act  shall  be  used for capital improvements of existing park and
recreational facilities and/or for the acquisition  of  additional  park
and recreational facilities.
  S  2.  The  lands  referred to in section one of this act are located,
bounded and described as follows and also known as Carle Place  Veterans
Memorial Park:
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected, situate, lying and being in Carle Place,
County of Nassau 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.
                                                           LBD09802-07-0

              

S. 4031--A                          2

  COMMENCING  at  the  intersection  of the easterly side of Carle Road,
with the southerly side of Westbury Avenue (Maple Avenue) as  realigned,
and  running thence North 18°-16'-28" West, 66.24 feet (tie distance) to
the point of BEGINNING.
  RUNNING  THENCE  from said point of beginning, along the easterly side
of Carle Road, North 07°-50'-45" West, 56.08 feet to the  southerly  end
of  a  arc  connecting said easterly side of Carle Road with a southerly
side of Westbury Avenue (Maple Avenue) as realigned;
  THENCE along the arc of said curve bearing to the right having a radi-
us of 14.28 feet, a distance of 24.01, said curve having a chord bearing
North 34°-29'-40" East, with a chord distance of 21.28 feet to a  south-
erly side of Westbury Avenue;
  THENCE  along  said southerly side of Westbury Avenue North 81°-48'04"
East, 240.82 feet to the easterly end of an arc;
  THENCE along the arc of a curve bearing to the right having  a  radius
of  6.78 feet, a distance of 19.28 feet, said curve having a chord bear-
ing South 17°05'-27" East, with a chord distance  of  13.41  feet  to  a
northerly side of Westbury Avenue as realigned;
  THENCE  along  said  northerly  side of Westbury Avenue, the following
three (3) courses and distances to the easterly end of an arc connecting
said northerly side of Westbury Avenue with the easterly side  of  Carle
Road,
  1. South 63°-43'-51" West, 175.94 feet;
  2. South 65°-23'-47" West, 24.96 feet;
  3. South 70°-05'-23" West, 27.97 feet;
  THENCE along said arc of a curve bearing to the right, having a radius
of 14.82 feet, a distance of 24.95 feet, said curve having a chord bear-
ing  North  58°-06'-33" West, with a chord distance of 22.11 feet to the
easterly side of Carle Road, said point being  the  point  or  place  of
BEGINNING. Containing .32 acres.
  S  3.  The  lands  referred to in section one of this act are located,
bounded and described as follows and also known as Herricks Ballfield:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate,  lying  and  being  in  Herricks,
County  of  Nassau  and  State  of  New  York,  bounded and described as
follows:
  BEGINNING at the intersection of the southerly side of  Wilson  Boule-
vard  with the westerly side of Herricks Road (Old Court House Road) and
running thence southerly along said westerly side of Herricks Road,  the
following two (2) courses and distances;
  1. South 08°-37'-59" West, 361.55 feet;
  2.  Along  the  arc of a curve to the left, having a radius of 1472.69
feet, a distance of 39.06 feet;
  THENCE South 89°-51'-00" West, 174.24 feet;
  THENCE South 89°-54'-44" West, 63.21 feet;
  THENCE North 06°-42'-27" East, 315.77 feet;
  THENCE North 01°-44'-07" East, 107.25 feet to southerly side of Wilson
Boulevard,
  THENCE  along  said  southerly  side  of   Wilson   Boulevard,   South
84°-38'-16"  East, 258.22 feet to the intersection of the southerly side
of Wilson Boulevard with the westerly side of Herricks Road, said  point
being the point or place of BEGINNING. Containing 2.3 acres.
  S  4.  The  lands  referred to in section one of this act are located,
bounded and described as follows and  also  known  as  Manhasset  Valley
Park:

S. 4031--A                          3

  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected,  situate, lying and being in Great Neck,
County of Nassau and  State  of  New  York,  bounded  and  described  as
follows:
  BEGINNING at the intersection formed by the northerly side of Northern
Boulevard  (North Hempstead Turnpike, New York State Route 25A) with the
present easterly side of East Shore Road (Mitchell Avenue)  and  running
thence  from said point of beginning, along the present easterly side of
East Shore Road, the following four (4) courses  and  distances  to  the
southerly side of Creek Road;
  1. North 30°-12'-45" West, 729.11 feet;
  2.  Along  the arc of a curve bearing to the right, having a radius of
2349.96 feet, a distance of 226.95 feet, said curve being subtended by a
chord bearing North 27°-26'-45" West, 226.86 feet;
  3. North 24°-40'-45" West, 242.81 feet;
  4. Along the arc of a curve bearing to the left, having  a  radius  of
637.61  feet,  a distance of 60.46 feet, said curve being subtended by a
chord bearing North 27°-23'-43" West, 60.43 feet;
  THENCE along the southerly side of Creek Road, the following three (3)
courses and distances to  the  westerly  side  of  Maple  Avenue  (Maple
Street);
  1) North 42°-48'-40" East, 368.84 feet;
  2) South 31°-40'-17" East, 7.11 feet;
  3) South 85°-05'-06" East, 119.83 feet;
  THENCE  along  the  westerly  side of Maple Avenue (Maple Street), the
following seven (7) courses and  distances  to  the  northerly  side  of
Northern Boulevard;
  1) South 52°-02'-40" East, 119.11 feet;
  2) South 48°-01'-56" East, 167.78 feet;
  3) South 44°-44'-30" East, 82.15 feet;
  4) South 38°-50'-37" East, 326.66 feet;
  5) South 38°-43'-50" East, 186.50 feet;
  6) South 38°-41'-02" East, 86.23 feet;
  7) South 38°-49'-45" East, 223.21 feet;
  THENCE  along  the northerly side of Northern Boulevard, the following
eight (8) courses and distances
  1) South 54°-22'-43" West, 375.95 feet;
  2) South 45°-33'-32 West, 49.68 feet;
  3) North 23°-39'-45" East, 32.55 feet;
  4) South 46°-15'-06" West, 30.40 feet;
  5) South 22°-19'-24" East, 33.73 feet;
  6) South 45°-02'-29" West, 75.33 feet;
  7) South 61°-39'-00" West, 136.81 feet;
  8) South 18°-12'-40" West, 82.69 feet.
  to the present easterly side of East Shore Road, said point being  the
point or place of BEGINNING. Containing 17.6 acres.
  S  5.  The  lands  referred to in section one of this act are located,
bounded and described as follows and also known as Plandome Park:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying  and  being  in  Manhasset,
County  of  Nassau  and  State  of  New  York,  bounded and described as
follows:
  BEGINNING at a point on the northerly side of Bournedale  Road  North,
at the common line between tax lot 30 on the west and tax lot 301 on the
east;

S. 4031--A                          4

  RUNNING  THENCE from said point of beginning, along said easterly line
of tax lot 30, North 04°-23'-25" East, 76.55 feet;
  THENCE North 35°-16'-30" West, 40.48 feet;
  THENCE  North  89°-38'-00"  East,  337.88 feet to the westerly line of
Long Island Railroad;
  THENCE along said westerly line of Long Island Railroad, the following
two (2) courses and distances;

  1. South 01°-19'-40" East, 224.19 feet;
  2. South 00°-04'-14" East, 23.97 feet;

  THENCE South 88°-24'-56" West,  20.00 feet;
  THENCE North 40°-04'-53" West,  27.71 feet;
  THENCE North 59°-34'-15" West,  50.95 feet;
  THENCE North 72°-21'-59" West,  57.41 feet;
  THENCE South 88°-29'-37" West,  49.57 feet;
  THENCE South 57°-17'-17" West,  46.57 feet;
  THENCE South 51°-41'-36" West,  16.41 feet;
  THENCE South 36°-02'-39" West,  15.17 feet;
  THENCE South 06°-37'-08" West, 175.63 feet;
  THENCE South 16°-58'-22" West,  60.41 feet;
  THENCE South 11°-16'-14" West,  43.48 feet;
  THENCE South 20°-18'-43" East,  83.12 feet to a Right-of-Way (approach
to bridge);
  THENCE westerly  along  said  Right-of-Way,  North  89°-46'-17"  West,
112.05 feet;
  THENCE northerly along the easterly lines of tax lots 40 and 41, North
08°-15'-58" East, 161.59 feet;
  THENCE  northerly  from the southerly side of Bournedale Road South to
the northerly side of Bournedale Road  South,  North  08°-16'-20"  East,
50.50 feet;
  THENCE  northerly  along  the  easterly  lines  of properties known as
Section 3 Block F-2 Lots 116 through 118  inclusive,  North  04°-32'-25"
East, 239.12 feet;
  THENCE  northerly  from the southerly side of Bournedale Road North to
the northerly side of Bournedale Road  North,  North  04°-33'-23"  East,
53.25  feet  to  the common line between tax lots 30 on the west and tax
lot 301 on the east, said point being the point or place of BEGINNING.
  The area of the above-described parcel  is  100,930±  square  feet  or
2.32±  acres.    Excepting  therefrom  a 20 foot wide Access Easement to
benefit the County of Nassau.
  Together with an Access Easement for Ingress and Egress  as  described
below:
  COMMENCING  at a point on the northerly side of Bournedale Road North,
at the common line between tax lot 30 on the west and tax lot 301 on the
east and running thence South 04°-32'-25" West, 14.91 feet to the  point
of BEGINNING.
  RUNNING  THENCE from said point of beginning, along the arc of a curve
to the right having a radius of 65.62 feet, a distance of 60.67 feet;
  THENCE South 42°-33'-02" East, 15.27 feet;
  THENCE along the arc of a curve bearing to the right having  a  radius
of 183.40 feet, a distance of 38.62 feet;
  THENCE South 34°-32'-50" East, 28.28 feet;
  THENCE South 57°-17'-17" West,  2.92 feet;
  THENCE South 51°-41'-36" West, 16.41 feet;
  THENCE North 34°-32'-50" West, 26.86 feet;

S. 4031--A                          5

  THENCE along the arc of a curve bearing to the left having a radius of
163.40 feet, a distance of 35.09 feet;
  THENCE North 42°-33'-02" West, 15.28 feet;
  THENCE  along  the arc of a curve bearing to the left, having a radius
of 45.62 feet, a distance of 47.20 feet;
  THENCE North 04°-32'-25" West, 21.15 feet to the  point  or  place  of
BEGINNING.
  The  area  of  the  above-described  easement is 2,596± square feet or
0.06± acres.
  S 6. The lands referred to in section one of  this  act  are  located,
bounded and described as follows and also known as Sagamore Ballfield:
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected, situate, lying and being in the Incorpo-
rated Villages of East Williston and Mineola, County of Nassau and State
of New York, bounded and described as follows:
  BEGINNING at the intersection of the northerly side of  Marion  Avenue
(Roselle  Street) with the easterly side of Sagamore Avenue, and running
thence along said easterly side of Sagamore  Avenue,  North  04°-01'-40"
East, 330.00 feet;
  THENCE South 85°-58'-20" East, 100.00 feet;
  THENCE South 31°-13'-06" East, 3.56 feet;
  THENCE  along  the arc of a curve bearing to the right having a radius
of 212.77 feet, a distance of 276.73 feet;
  THENCE North 85°-58'-20" West, 181.37 feet;
  THENCE South 04°-11'-05" West, 24.67 feet;
  THENCE South 04°-01'-40" West, 100.00 feet to the  northerly  side  of
Marion Avenue;
  THENCE  Along  said northerly side of Marion Avenue, North 85°-58'-20"
West, 80.00 feet to the easterly side of  Sagamore  Avenue,  said  point
being the point or place of BEGINNING.
  The area of the above-described parcel is 59,158± square feet or 1.36±
acres.
  S  7.  The  lands  referred to in section one of this act are located,
bounded and described as follows and also known as Roslyn Road Park:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in  the  Incorpo-
rated Villages of East Williston and Mineola, County of Nassau and State
of New York, bounded and described as follows:
  BEGINNING at the intersection of the southerly side of Lee Avenue with
the  present  westerly  line  of Roslyn-Mineola Road, and RUNNING THENCE
along said present westerly line of Roslyn-Mineola Road,  the  following
two  (2)  courses and distances to the northerly side of Hamilton Avenue
(Charles Street);
  1. South 00°-19'-37" East, 64.30 feet;
  2. South 03°-33'-08" West, 135.89 feet to the northerly side of Hamil-
ton Avenue;
  THENCE along the northerly side of Hamilton Avenue, North  85°-58'-20"
West, 113.13 feet;
  THENCE  North  02°-47'-00"  East, 200.05 feet to the southerly side of
Lee Avenue;
  THENCE along said southerly side  of  Lee  Avenue,  South  85°-58'-20"
East,  111.46  to the present westerly line of Roslyn-Mineola Road, said
point being the point or place of BEGINNING.
  The area of the above-described parcel is 22,754± square feet or 0.52±
acres.

S. 4031--A                          6

  S 8. The lands referred to in section one of  this  act  are  located,
bounded and described as follows and also known as Whitney Pond Park:
  All  that  certain  plot,  piece or parcel of land, situate, lying and
being in Manhasset, County of Nassau and State of New York, bounded  and
described as follows:
  BEGINNING  at the northerly end of an arc connecting the easterly side
of Valley Road (Community Road, New Hyde Park Road) with  the  northerly
side  of  Community  Drive  East (formerly Community Street) and running
thence still along the easterly side of Valley Road, the following three
(3) courses and distances:
  1. North 06°-23'-42" West, 430.17 feet;
  2. North 06°-22'-02" West, 270.57 feet;
  3. Along the arc of a curve bearing to the right having  a  radius  of
2824.79 feet, a distance of 148.36 feet;
  THENCE  along  the southerly side of land now or formerly of the State
of New York, North 76°-15'-26" East, 56.83 feet;
  THENCE along the easterly side of land now or formerly of the State of
New York, the following six (6) courses and distances to  the  southerly
side  of  Northern  Boulevard  (North Hempstead Turnpike, New York State
Route 25A);
  1. North 05°-06'-39" West, 108.96 feet;
  2. North 03°-29'-52" West, 98.54 feet;
  3. North 08°-14'-47" West, 99.56 feet;
  4. North 16°-48'-54" West, 102.79 feet;
  5. North 33°-00'-42" West, 98.59 feet;
  6. North 42°-36'-10" West, 103.32 feet;
  THENCE along the southerly side of Northern Boulevard,  the  following
seven (7) courses and distances;
  1. North 18°-33'-43" East, 70.11 feet;
  2. North 32°-32'-11" East, 155.16 feet;
  3. South 23°-19'-47" East, 23.01 feet;
  4. North 65°-10'-38" East, 30.39 feet;
  5. North 25°-04'-41" West, 37.48 feet;
  6. North 47°-19'-31" East, 102.09 feet;
  7. North 53°-58'-52" East, 118.00 feet;
  THENCE  along  the  westerly side of land now or formerly of Federated
Department Stores, the following ten (10) courses and distances  to  the
westerly terminus of Community Drive East;
  1.  Along  the  arc of a curve bearing to the right having a radius of
129.15 feet, a distance of 113.15 feet;
  2. Along the arc of a curve bearing to the right having  a  radius  of
475.85 feet, a distance of 44.00 feet;
  3. South 17°-22'-19" East, 48.86 feet;
  4. South 12°-35'-24" East, 76.54 feet;
  5.  Along  the  arc  of a curve bearing to the left having a radius of
207.85 feet, a distance of 199.89 feet;
  6. Along the arc of a curve bearing to the left  having  a  radius  of
2339.96 feet, a distance of 63.91 feet;
  7. South 01°-15'-35" West, 360.58 feet;
  8. South 19°-10'-47" West, 177.54 feet;
  9. South 76°-43'-09" East, 360.00 feet;
  10. South 87°-16'-35" East, 317.21 feet;
  THENCE  from  the  westerly terminus of Community Drive East and along
the northerly side of Community  Drive  East,  the  following  four  (4)
courses  and  distances  to the easterly side of Valley Road, said point
being the point or place of BEGINNING;

S. 4031--A                          7

  1. South 02°-43'-25" West, 212.12 feet;
  2.  Along  the  arc of a curve bearing to the right having a radius of
493.83 feet, a distance of 671.48 feet;
  3. South 80°-37'-58" West, 552.70 feet;
  4. Along the arc of a curve bearing to the right having  a  radius  of
18.98 feet, a distance of 30.80 feet. Containing 25.29 acres.
  S  9.  The  lands  referred to in section one of this act are located,
bounded and described as follows and also known as Beacon Hill Park:
  All the certain plot, piece or parcel  of  land,  situate,  lying  and
being in Port Washington, County of Nassau and State of New York, bound-
ed and described as follows:
  BEGINNING  at the intersection of the present northerly side of Beacon
Hill Road (Roslyn-West Shore Drive), with a westerly  side  of  Tax  Lot
993,  said point also being the northerly line of Section 6 Tax Block 36
as shown on the Land and Tax Maps of the County of Nassau, and RUNNING
THENCE from said point of beginning North 08°-56'-24" West,  77.57  feet
to the  present southerly side of Roslyn-West Shore Drive with the pres-
ent southerly side of Beacon Hill Road.
  RUNNING  THENCE  along  said  present  southerly and westerly sides of
Roslyn-West Shore Drive, the following seven (7) courses and distances;
  1. North 54°-53'-39" East, 644.23 feet;
  2.  Along the arc of a curve bearing to the left having  a  radius  of
660.00 feet, a distance of 288.62 feet;
  3. North 29°-49'-06" East, 187.79 feet;
  4.  Along  the  arc of a curve bearing to the right having a radius of
600.00 feet a distance of 706.87 feet;
  5. Along the arc of a curve bearing to the right having  a  radius  of
760.00 feet a distance of 382.78 feet;
  6.  Along  the  arc of a curve bearing to the right having a radius of
600.00 feet a distance of 205.00 feet;
  7. South 34°-14'-48" East, 667.92 feet;
  THENCE partially along the present westerly side of Roslyn-West  Shore
Drive  and  partially along the westerly line of tax lot 1058, along the
arc of a curve bearing to the right having a radius of  2600.00  feet  a
distance of 1286.04 feet;
  THENCE  still  along  the westerly line of tax lot 1058, the following
four (4) courses and distances;
  1. South 05°-54'-23" East, 1000.72 feet;
  2. Along the arc of a curve bearing to the left  having  a  radius  of
4000.00 feet a distance of 759.31 feet;
  3. South 22°-37'-58" West, 523.64 feet;
  4. South 25°-29'-48" East, 815.00 feet;
  THENCE North 64°-26'-05" West, 409.68 feet;
  THENCE  along  the arc of a curve bearing to the right having a radius
of 1400.00 feet, a distance of 545.70 feet;
  THENCE North 42°-06'-06" West, 3234.61 feet;
  THENCE North 06°-59'-04" West, 357.46 feet;
  THENCE North 07°-58'-54" West, 436.09 feet;
  THENCE North 08°-56'-24" West, 188.60 feet to the point  or  place  of
BEGINNING. Containing 187.18 acres.
  S  10.  The  lands referred to in section one of this act are located,
bounded and described as follows and  also  known  as  Hempstead  Harbor
Park:
  All  that  certain  plot,  piece or parcel of land, situate, lying and
being in Port Washington, County of Nassau and State of New York, bound-
ed and described as follows:

S. 4031--A                          8

  BEGINNING at the intersection of the easterly side of New  West  Shore
Drive  (as  realigned) with the westerly side of Roslyn-West Shore Drive
and running thence along said easterly side of New West Shore Drive, the
following two (2) courses and distances;
  1. North 21°-46'-42" West, 3847.29 feet;
  2. North 68°-13'-18" East, 39.62 feet;
  THENCE along the westerly side of Roslyn-West Shore Drive, the follow-
ing  nine  (9) courses and distances to the intersection of the easterly
side of New West Shore Drive (as realigned) with the  westerly  side  of
Roslyn-West  Shore  Drive, said point being the point or place of BEGIN-
NING:
  1. South 35°-28'-45" East, 150.25 feet;
  2. South 34°-12'-11" East, 684.26 feet;
  3. South 28°-37'-47" East, 582.51 feet;
  4. South 27°-36'-16" East, 867.57 feet;
  5. South 27°-00'-00" East, 552.79 feet;
  6. Along the arc of a curve bearing to the right having  a  radius  of
573.69 feet, a distance of 367.99 feet;
  7. South 09°-45'-09" West, 171.72 feet;
  8. South 02°-48'-09" West, 596.62 feet;
  9. South 68°-13'-18" West, 10.00 feet.
  Containing 23.66 acres.
  S  11. The lands to be transferred pursuant to this act and all struc-
tures and facilities situated on such land shall  be  maintained,  owned
and operated by the town of North Hempstead.
  S  12.  Where  availability of such public parkland and facilities are
limited, the use of such parklands and facilities must be determined  by
an  equitable  method which provides priority use based on a reservation
policy for free or a fee  commensurate  with  the  administrative  costs
necessary to maintain and operate such a facility or facilities.
  S 13. This act shall take effect immediately.