Assembly Bill A9739

Signed By Governor

2011-2012 Legislative Session

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District

download bill text pdf

Archive: Last Bill Status Via S6782 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2012	signed chap.417
Aug 06, 2012	delivered to governor
Jun 20, 2012	returned to senate passed assembly home rule request ordered to third reading rules cal.421 substituted for a9739b
Jun 20, 2012	substituted by s6782b
Jun 19, 2012	ordered to third reading rules cal.421 rules report cal.421 reported reported referred to rules
Jun 18, 2012	reported referred to ways and means
May 23, 2012	reference changed to local governments
May 07, 2012	print number 9739b
May 07, 2012	amend and recommit to governmental operations
Apr 18, 2012	print number 9739a
Apr 18, 2012	amend and recommit to governmental operations
Mar 29, 2012	referred to governmental operations

Votes

- Jun 14, 2012 - Floor Vote
  S6782
  
  Aye
  
  58
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  4
  
  Abstained
  
  0
  - - Floor Vote: Jun 14, 2012
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (4)
      
      Diaz
      
      Espaillat
      
      Huntley
      
      Krueger
  May 16, 2012 - Local Government Committee Vote
  S6782
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: May 16, 2012
      
      aye (8)
      
      Ball
      
      Klein
      
      Little
      
      Martins
      
      McDonald
      
      Oppenheimer
      
      Ritchie
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

2011-A9739 - Details

Law Section:: Nassau County

2011-A9739 - Summary

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.

2011-A9739 - Bill Text download pdf

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

                                  9739

                          I N  A S S E M B L Y

                             March 29, 2012
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to authorize the  county  of  Nassau  to  transfer  ownership  of
  certain parklands to the Oyster Bay Water District

  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 county of Nassau
is hereby authorized and empowered to discontinue as county parkland and
convey the property described in section two  of  this  act,  which  was
heretofore used by such county for park and/or recreational purposes and
is  within the Tiffany Creek Preserve, upon terms to be fixed and deter-
mined by such county and approved by its legislature, to the Oyster  Bay
water district.
  S  2.  The  lands  referred to in section one of this act are located,
bounded and described as follows:
  All that certain lot, piece or parcel  of  land,  situate,  lying  and
being  in  the  Incorporated  Village of Oyster Bay Cove, Town of Oyster
Bay, County of Nassau and State of New York, bounded  and  described  as
follows:
  BEGINNING  at  a  point  where the westerly right-of-way line of Sandy
Hill Road intersects the northerly right-of-way line of Berry Hill Road;
  Running thence westerly along the northerly right-of-way line of Berry
Hill Road a distance of 381.77 feet  to  a  point  where  the  northerly
right-of-way  line  of  Berry  Hill Road intersects the easterly line of
property of the Oyster Bay Water District, said  property  being  desig-
nated  as Lot 337 in Block H of Section 27 of the Nassau County Land and
Tax Maps;
  THENCE running westerly along the northerly right-of-way line of Berry
Hill Road (the same being the southerly property line of said lot  337),
the following two (2) courses and distances:
  1. North 83 degrees-33 minutes-10 seconds West 120.00 feet;
  2. North 72 degrees-04 minutes-40 seconds West 105.00 feet,
  to  a  point  where the northerly right-of-way line of Berry Hill Road
intersects the westerly property line of said Lot 337.

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

                                                           LBD15120-01-2

A. 9739                             2

  THENCE running northerly along the westerly property line of said  Lot
337  a  distance  of  150.00  feet, more or less, to a point, which said
point is the true POINT OF BEGINNING,
  And from said true POINT OF BEGINNING, running thence westerly along a
line  being  parallel  to  the northerly right-of-way line of Berry Hill
Road a distance of 150.00 feet to a point;
  THENCE running northerly along a line which is 90 degrees to the  last
mentioned line, distance of 130 feet to a point;
  THENCE  running  easterly along a line which is 90 degrees to the last
mentioned line and parallel to the northerly right-of-way line of  Berry
Hill Road a distance of 110.00 feet to a point,
  THENCE  running  easterly along an extension of the northerly property
line of said Lot 337 South 84  degrees-30  minutes-00  seconds  East,  a
distance of approximately 107 feet to a point.
  THENCE running southerly along the northwesterly and westerly property
lines of said Lot 337 the following two (2) courses and distances:
  1. South 45 degrees-30 minutes-00 seconds West 150.00 feet;
  2.  South 03 degrees-30 minutes-00 seconds West 20 feet, more or less,
to the true POINT OR PLACE OF BEGINNING.
  Said property containing an area of approximately 23,159  square  feet
(0.53 acres).
  S 3. Subject to the provisions of this act, the Nassau county legisla-
ture  is hereby further authorized and empowered to convey to the Oyster
Bay water district a non-pollution easement encompassing a radius of 200
feet surrounding the well head installed on the  property  described  in
section  two  of  this act, the area of such easement being shown upon a
map entitled "OYSTER BAY WATER DISTRICT PLANT No. 8  PROPOSED  WELL  AND
PUMP STATION" prepared by Holzmacher, McLendon & Murrell, P.C. and dated
February  2007.  Such  land  shall remain open to the general public for
passive park and recreational purposes.
  S 4. The authorization provided in section one of this  act  shall  be
effective  only  upon the condition that on or before the alienation and
conveyance of lands described in section two  of  this  act  and/or  the
conveyance  of  the easement described in section three of this act, the
county shall acquire additional lands of equal or  greater  fair  market
value  than  the  lands  being alienated, as described in section two of
this act. Such lands to be acquired, which shall be dedicated  as  park-
land, are designated by the following designations  on the Nassau County
Land and Tax Map:
  1) Section 65, Block 58, Lot 648
  2) Section 63, Block 20, Lot 704
  3) Section 65, Block 59, Lot 751
  4) Section 63, Block 21, Lot 803
  such  parcels  being  those acquired by the People of the State of New
York and containing therein approximately 4.13 acres±.
  S 5. If the parcel described in section two of this act is greater  in
fair  market  value  than  the  parcels  being  dedicated as parkland in
section three of this act, the  county  of  Nassau  shall  dedicate  the
difference in the fair market value of such lands for the acquisition of
additional  park  lands and/or for capital improvements to existing park
and recreational facilities.
  S 6. If the parkland that is being discontinued has  received  federal
funding pursuant to the Land and Water Conservation Fund, the discontin-
uance  and  conveyance of park land authorized by the provisions of this
act shall not occur until the county of Nassau  has  complied  with  any
state  requirements  pursuant  to  state issued grants for effected park

A. 9739                             3

property and federal  requirements  pertaining  to  conversion  of  park
lands,  including  satisfying  the  secretary  of  the interior that the
alienation or conversion complies with all conditions which  the  secre-
tary of the interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

2011-A9739A - Details

Law Section:: Nassau County

2011-A9739A - Summary

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.

2011-A9739A - Bill Text download pdf

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

                                 9739--A

                          I N  A S S E M B L Y

                             March 29, 2012
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to authorize the  county  of  Nassau  to  transfer  ownership  of
  certain parklands to the Oyster Bay Water District

  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 county of Nassau
is hereby authorized and empowered to discontinue as county parkland and
convey the property described in section two  of  this  act,  which  was
heretofore used by such county for park and/or recreational purposes and
is  within the Tiffany Creek Preserve, upon terms to be fixed and deter-
mined by such county and approved by its legislature, to the Oyster  Bay
water district.
  S  2.    The lands referred to in section one of this act are located,
bounded and described as follows:
  All that certain plot, piece or parcel of land situate lying and being
at the Incorporated Village of Oyster Bay  Cove,  Town  of  Oyster  Bay,
County  of  Nassau and State of New York, being bounded and described as
follows:
  BEGINNING at the northwesterly most corner of the existing Oyster  Bay
Water  District Plant 8. Said point of beginning being further described
as being the following six (6) bearings and distances  from  the  inter-
section  of the northerly side of Berry Hill Road with the westerly side
of Sandy Hill Road:
  1. North 76° 35' 10" West 128.29 feet;
  2. North 77° 50' 30" West 154.69 feet;
  3. North 83° 33' 10" West 98.79 feet;
  4. North 01° 01' 44" West 253.57 feet;
  5. North 34° 30' 00" West 75.00 feet;
  6. North 84° 30' 00" West 55.00 feet to the point or place  of  begin-
ning.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15120-03-2

A. 9739--A                          2

  THENCE  southerly by and with the westerly side of the existing Oyster
Bay  Water  District  Plant  8,  the  following  two  (2)  bearings  and
distances:
  1. South 45° 30' 00" West 150.00 feet;
  2. South 03° 30' 00" West 20.28 feet;
  THENCE through property of the County of Nassau the following four (4)
bearings and distances:
  1. North 72° 04' 40" West 150.29 feet;
  2. North 17° 55' 20" East 130.00 feet;
  3. South 72° 04' 40" East 112.10 feet;
  4.  South 84° 30' 00" East 105.04 feet to the point or place of begin-
ning.
  Said property containing an area  of  approximately  23,136.62  square
feet (0.53 acres).
  S 3. Subject to the provisions of this act, the Nassau county legisla-
ture  is hereby further authorized and empowered to convey to the Oyster
Bay Water District a non-pollution easement encompassing a radius of 200
feet surrounding the well head to be installed on the property described
in section two of this act, the area of such easement being shown upon a
map entitled "OYSTER BAY WATER DISTRICT PLANT 8 EXPANSION"  prepared  by
Holzmacher,  McLendon  &  Murrell, P.C. and dated September 22, 2009 and
last revised March 8, 2012. Such land shall remain open to  the  general
public for passive park and recreational purposes.
  S  4.  The  authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of  lands  described  in  section two of this act and/or the
conveyance of the easement described in section three of this  act,  the
county  shall  acquire  additional lands of equal or greater fair market
value than the lands being alienated, as described  in  section  two  of
this  act.  Such lands to be acquired, which shall be dedicated as park-
land, are designated by the following designations on the Nassau  County
Land and Tax Map:
  1) Section 65, Block 58, Lot 648
  2) Section 63, Block 20, Lot 704
  3) Section 65, Block 59, Lot 751
  4) Section 63, Block 21, Lot 803
such parcels being those acquired by the People of the State of New York
and containing therein approximately 4.13 acres +/-.
  S  5. If the parcel described in section two of this act is greater in
fair market value than  the  parcels  being  dedicated  as  parkland  in
section  three  of  this  act,  the  county of Nassau shall dedicate the
difference in the fair market value of such lands for the acquisition of
additional park lands and/or for capital improvements to  existing  park
and recreational facilities.
  S  6.  If the parkland that is being discontinued has received federal
funding pursuant to the Land and Water Conservation Fund, the discontin-
uance and conveyance of park land authorized by the provisions  of  this
act  shall  not  occur  until the county of Nassau has complied with any
state requirements pursuant to state issued  grants  for  effected  park
property  and  federal  requirements  pertaining  to  conversion of park
lands, including satisfying the  secretary  of  the  interior  that  the
alienation  or  conversion complies with all conditions which the secre-
tary of the interior deems necessary to assure the substitution of other
lands shall be equivalent in fair market value and recreational  useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

2011-A9739B (ACTIVE) - Details

Law Section:: Nassau County

2011-A9739B (ACTIVE) - Summary

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.

2011-A9739B (ACTIVE) - Bill Text download pdf

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

                                 9739--B

                          I N  A S S E M B L Y

                             March 29, 2012
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  authorize  the  county  of  Nassau to transfer ownership of
  certain parklands to the Oyster Bay Water District

  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 county of Nassau
is hereby authorized and empowered to discontinue as county parkland and
convey  the  property  described  in  section two of this act, which was
heretofore used by such county for park and/or recreational purposes and
is within the Tiffany Creek Preserve, upon terms to be fixed and  deter-
mined  by such county and approved by its legislature, to the Oyster Bay
water district.
  S 2.  The lands referred to in section one of this  act  are  located,
bounded and described as follows:
  All that certain plot, piece or parcel of land situate lying and being
at  the  Incorporated  Village  of  Oyster Bay Cove, Town of Oyster Bay,
County of Nassau and State of New York, being bounded and  described  as
follows:
  BEGINNING  at the northwesterly most corner of the existing Oyster Bay
Water District Plant 8. Said point of beginning being further  described
as  being  the  following six (6) bearings and distances from the inter-
section of the northerly side of Berry Hill Road with the westerly  side
of Sandy Hill Road:
  1. North 76° 35' 10" West 128.29 feet;
  2. North 77° 50' 30" West 154.69 feet;
  3. North 83° 33' 10" West 98.79 feet;
  4. North 01° 01' 44" West 253.57 feet;
  5. North 34° 30' 00" West 75.00 feet;
  6.  North  84° 30' 00" West 55.00 feet to the point or place of begin-
ning.

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

                                                           LBD15120-05-2

A. 9739--B                          2

  THENCE southerly by and with the westerly side of the existing  Oyster
Bay  Water  District  Plant  8,  the  following  two  (2)  bearings  and
distances:
  1. South 45° 30' 00" West 150.00 feet;
  2. South 03° 30' 00" West 20.28 feet;
  THENCE through property of the County of Nassau the following four (4)
bearings and distances:
  1. North 72° 04' 40" West 150.29 feet;
  2. North 17° 55' 20" East 130.00 feet;
  3. South 72° 04' 40" East 112.10 feet;
  4.  South 84° 30' 00" East 105.04 feet to the point or place of begin-
ning.
  Said property containing an area  of  approximately  23,136.62  square
feet (0.53 acres).
  S 3. Subject to the provisions of this act, the Nassau county legisla-
ture  is hereby further authorized and empowered to convey to the Oyster
Bay Water District a non-pollution easement encompassing a radius of 200
feet surrounding the well head to be installed on the property described
in section two of this act, the area of such easement being shown upon a
map entitled "OYSTER BAY WATER DISTRICT PLANT 8 EXPANSION"  prepared  by
Holzmacher,  McLendon  &  Murrell, P.C. and dated September 22, 2009 and
last revised March 8, 2012. Such land shall remain open to  the  general
public for passive park and recreational purposes.
  S  4.  The  authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of  lands  described  in  section two of this act and/or the
conveyance of the easement described in section three of this  act,  the
county  shall  acquire  additional lands of equal or greater fair market
value than the lands being alienated, as described  in  section  two  of
this  act.  Such lands to be acquired, which shall be dedicated as park-
land, are designated by the following designations on the Nassau  County
Land and Tax Map:
  1) Section 65, Block 58, Lot 648
  2) Section 63, Block 20, Lot 704
  3) Section 65, Block 59, Lot 751
  4) Section 63, Block 21, Lot 803
such parcels being those acquired by the People of the State of New York
and containing therein approximately 4.13 acres +/-.
  S  5. If the parcel described in section two of this act is greater in
fair market value than  the  parcels  being  dedicated  as  parkland  in
section  four  of  this  act,  the  county  of Nassau shall dedicate the
difference in the fair market value of such lands for the acquisition of
additional park lands and/or for capital improvements to  existing  park
and recreational facilities.
  S  6.  If the parkland that is being discontinued has received federal
funding pursuant to the Land and Water Conservation Fund, the discontin-
uance and conveyance of park land authorized by the provisions  of  this
act  shall  not  occur  until the county of Nassau has complied with any
state requirements pursuant to state issued  grants  for  effected  park
property  and  federal  requirements  pertaining  to  conversion of park
lands, including satisfying the  secretary  of  the  interior  that  the
alienation  or  conversion complies with all conditions which the secre-
tary of the interior deems necessary to assure the substitution of other
lands shall be equivalent in fair market value and recreational  useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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Assembly Bill A9739

Signed By Governor

Sponsored By

Archive: Last Bill Status Via S6782 - Signed by Governor

Actions

Votes

Jun 14, 2012 - Floor Vote

Floor Vote: Jun 14, 2012

May 16, 2012 - Local Government Committee Vote

Local Government Committee Vote: May 16, 2012

Bill Amendments

2011-A9739 - Details

2011-A9739 - Summary

2011-A9739 - Bill Text download pdf

2011-A9739A - Details

2011-A9739A - Summary

2011-A9739A - Bill Text download pdf

2011-A9739B (ACTIVE) - Details

2011-A9739B (ACTIVE) - Summary

2011-A9739B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-A9739

Assembly Bill A9739

Signed By Governor

Share this bill

Sponsored By

MONTESANO

Archive: Last Bill Status Via S6782 - Signed by Governor

Actions

Votes

Bill Amendments

2011-A9739 - Details

2011-A9739 - Summary

2011-A9739 - Bill Text download pdf

2011-A9739A - Details

2011-A9739A - Summary

2011-A9739A - Bill Text download pdf

2011-A9739B (ACTIVE) - Details

2011-A9739B (ACTIVE) - Summary

2011-A9739B (ACTIVE) - Bill Text download pdf

Comments