S T A T E O F N E W Y O R K
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9166
I N A S S E M B L Y
February 1, 2012
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Governmental Operations
AN ACT to authorize the commissioner of general services to transfer and
convey certain unappropriated state land to the incorporated village
of Freeport and for said village to lease said state lands for commu-
nity programs
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 other provision of law to the contrary, the commissioner of general
services is hereby authorized to transfer and convey to the incorporated
village of Freeport, the state land located at 63 Babylon Turnpike,
village of Freeport, in the county of Nassau, known as the Freeport
Armory, declared to be abandoned state land by the division of military
and naval affairs. Upon the transfer and conveyance of the lands
described in section three of this act, the village of Freeport shall be
required to lease said lands to the Cedarmore Community Development
Corporation and the Memorial Economic Development Corporation for a term
of no less than fifty years.
S 2. The transfer and conveyance of the land described in section
three of this act shall be made at such time and upon such terms and
conditions as the commissioner of general services may fix and determine
including those terms and conditions set forth in section six of this
act. The consideration for the transfer, conveyance and lease shall be
one dollar.
S 3. The lands authorized by section one of this act to be transferred
and conveyed are as follows:
ALL that piece or parcel of land, situate, lying and being in the
Village of Freeport, in the County of Nassau, State of New York, more
particularly bounded and described as follows:
BEGINNING at a point where the easterly line of Lakeview Avenue is
intersected by the southerly line of Hempstead-Babylon Turnpike and
running from said Point of Beginning thence southeasterly along the
southerly line of Hempstead-Babylon Turnpike about six hundred forty-six
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14313-01-2
A. 9166 2
(646) linear feet to the land of the City of New York and the Long
Island State Park Commission; thence running southwesterly and along the
lands of the City of New York and the Long Island State Park Commission
two hundred (200) linear feet; thence running northwesterly and parallel
with the southerly line of Hempstead-Babylon Turnpike about four hundred
thirty (430) linear feet to a point which would be ten (10) feet easter-
ly from the center line of the 18 inch diameter water main tank header
pipe; thence running northwesterly about fifty-eight (58) linear feet
and parallel with the 18 inch diameter water main tank header pipe, to a
point which would be about one hundred sixty-eight (168) linear feet
southerly from the southerly line of Hempstead-Babylon Turnpike, when
measured at right angles thereto: thence running southwesterly and ten
(10) feet parallel with and northerly from the 12 inch diameter water
main tank header pipe, when measured at right angles thereto, about one
hundred seven (107) linear feet to a point in the easterly line of Lake-
view Avenue; thence running northerly and along the easterly line of
Lakeview Avenue about two hundred fifty-eight (258) linear feet to a
point in the southerly line of Hempstead-Babylon Turnpike, the point or
place of beginning, containing within said bounds about three (3) acres.
BEING the same lands described in a deed from the Village of Freeport
to the People of the State of New York, dated June 13, 1949 and recorded
in the Nassau County Clerk's Office on June 20, 1949 in Book 3857 of
Deeds at page 384.
SUBJECT to any enforceable easements, restrictions or covenants of
record.
S 4. The description in section three of this act is not intended to
be a legal description but is intended to identify the parcel to be
conveyed. As a condition of the purchase, the incorporated village of
Freeport may submit to the commissioner of general services, for his or
her approval, an accurate survey and description of the lands to be
conveyed, which may be used in the conveyance thereof.
S 5. The office of general services shall not transfer or convey the
aforesaid land unless application is made to the office of general
services by the incorporated village of Freeport within 120 days after
the effective date of this act. Said application shall be in the form of
a resolution setting forth a comprehensive statement approved by its
board of trustees acknowledging and accepting the use restrictions set
forth herein and a full use plan and third-party operating agreement for
review by the commissioner of general services and approval by the
assembly member representing the district where the facility is located.
S 6. The transfer and conveyance pursuant to this act shall be subject
to the following use restrictions and reverter:
(a) The premises shall be used exclusively for the purposes of housing
various community programs including education, recreation, civic,
cultural and youth associations, veterans affairs, public safety and
historic preservation in accordance with the visioning plan set forth in
the Memorandum in Support of and accompanying this act.
(b) The conveyance or lease of the land described in section three of
this act shall contain covenants and restrictions requiring that the
land be used for the purposes set forth in subdivision (a) of this
section. In the event the premises are not accepted and/or used for such
purposes, it shall revert to the state of New York.
S 7. The village of Freeport shall on or before the first day of March
of each year following the year of conveyance, submit an annual report
of "Use and Compliance" to the commissioner of the office of general
services with a copy to each of the local state assembly and state
A. 9166 3
senate representatives for their review and comment, setting forth with
specificity (a) the uses to which the facility has been dedicated during
the prior 12-month calendar year period, and (b) alterations and
improvements made or to be made to the facility in the 12 month periods
before and after the date of the report, including compliance with state
and federal minority and women business enterprise participation goals.
S 8. All planning, renovations, installations, upgrades and mainte-
nance to be performed at the facility shall comply in all respects with
the goals of the New York state minority and women business enterprise
participation program. Details of compliance with such goals shall be
included in the annual report.
S 9. This act shall take effect immediately.