NY State Assembly Bill 2015-A2223B

Assembly Bill A2223B

2015-2016 Legislative Session

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

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Archive: Last Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	print number 2223b
Jun 02, 2016	amend and recommit to local governments
Jan 06, 2016	referred to local governments
Sep 25, 2015	print number 2223a
Sep 25, 2015	amend and recommit to local governments
Jan 15, 2015	referred to local governments

Bill Amendments

Original

B (Active)

2015-A2223 - Details

See Senate Version of this Bill:: S6873
Current Committee:: Assembly Local Governments
Law Section:: Parks
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9657, S7580
2017-2018: S1138

2015-A2223 - Summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

2015-A2223 - Bill Text download pdf

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

                                  2223

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  LUPINACCI  --  read once and referred to the
  Committee on Local Governments

AN ACT authorizing the county of Suffolk to alienate certain parcels  of
  land  used as parkland and to acquire other parcels of land to replace
  such parkland

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

  Section  1. The county of Suffolk, is hereby authorized to discontinue
the use of certain municipally owned parklands and to lease for  a  term
not to exceed twenty-five years the parklands which are more particular-
ly described in section three of this act to Elwood Public Library.
  S 2. The authorization contained in section one of this act shall only
be  effective  on  the  condition that the county of Suffolk acquire and
dedicate lands as new 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 consist of 1.2 acres and are described as follows:
  All that certain plot, piece, or parcel of land,  with  the  buildings
and improvements thereon erected, situate, lying and being Town of Hunt-
ington,  County  of  Suffolk  and  State  of New York, being bounded and
described as follows:
  BEGINNING at a point on the westerly side of Cuba Hill  Road  distant,
187.00  Feet  southerly as measured along the westerly side of Cuba Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING THENCE South 12 degrees 38 minutes 40 seconds East  along  the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE  South  20  degrees 26 minutes 00 seconds East, still along the
westerly side of Cuba Hill Road, 91.57 Feet to land now or  formerly  of
Sisters of St. Benedict;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04615-01-5

A. 2223                             2

  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
point;
  2. South 86 degrees 16 minutes 00 seconds West,  329.76  Feet  to  the
southeast  corner of Lot No. 9, as shown on a certain map entitled, "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE the following two (2) courses and distances along  Lot  No.  9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2.  North  86  degrees  51 minutes 20 seconds East, 535.71 Feet to the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S 4. The replacement lands to be acquired and dedicated by the  county
of  Suffolk  to  use as new parkland for public park purposes consist of
44.38 acres and are described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and  being  at  Mt.  Sinai,
Town  of  Brookhaven, County of Suffolk and State of New York being more
particularly bounded and described as follows:
  BEGINNING at a monument on the southerly side of Bayview  Avenue  (Old
Post  Lane)  where the same is intersected by the easterly line of lands
of the order of Poor Brethren of St. Francis, now known as  the  Society
of  St.  Francis,  American  Province, Inc. and the westerly side of the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly side of Bayview Avenue (Old Post  Lane)  the  following  three  (3)
courses and distances;
  1)  North  74  degrees  51 minutes 00 seconds east a distance of 98.00
feet;
  2) South 72 degrees 07 minutes 10 seconds east  a  distance  of  52.09
feet;
  3)  South  28  degrees  48 minutes 00 seconds east a distance of 35.87
feet to lands now or formerly of Salmon;
  THENCE along land of Salmon, along land now or formerly of Takach  and
lands  now  or  formerly of Kowaleski the following four (4) courses and
distances;
  1) South 20 degrees 56 minutes 26 seconds west a  distance  of  300.41
feet;
  2)  South  28  degrees 50 minutes 38 seconds east a distance of 446.83
feet;
  3) South 42 degrees 53 minutes 14 seconds east  a  distance  of  90.60
feet;
  4)  North  42  degrees  40 minutes 00 seconds east a distance of 36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE along said last mentioned land, along lands now or formerly  of
Scaglione  and  lands  now or formerly of Daddino the following five (5)
courses and distances;
  1) South 33 degrees 10 minutes 00 seconds east  a  distance  of  64.30
feet;
  2)  South  8  degrees  31  minutes 00 seconds east a distance of 68.50
feet;
  3) South 12 degrees 13 minutes 00 seconds east  a  distance  of  82.00
feet;
  4)  South  22  degrees 53 minutes 00 seconds east a distance of 145.70
feet;

A. 2223                             3

  5) South 31 degrees 00 minutes 00 seconds east a  distance  of  121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE  still  along  lands now or formerly of Jean M. Caliguri living
trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
feet;
  2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
feet;
  3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
feet;
  4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
feet;
  5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
feet;
  6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
feet;
  7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
feet to a point;
  THENCE  still along lands now or formerly of Hecht and lands of others
the following eight (8)  courses  and  distances  to  a  point  and  the
northwesterly line of Shore Road west;
  1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
feet;
  2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
feet;
  3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
feet;
  4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
feet;
  5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
feet;
  6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
feet;
  7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
feet;
  8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
feet;
  THENCE  along  the  northwesterly  line  of  shore road west, south 46
degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
ment  and  lands  now or formerly of Herwerth; thence along lands now or
formerly of Herwerth the following three (3) courses and distances;
  1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
feet;
  2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
feet;
  3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
feet to lands know or formerly of Bruni;
  THENCE  along  lands  now  or formerly of Bruni and lands of other the
following four (4) courses and distances;
  1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
feet;
  2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
feet;

A. 2223                             4

  3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
feet;
  4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE  along  the  Easterly  line  of  said map the following six (6)
courses and distances;
  1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
feet;
  2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
feet;
  3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
feet;
  4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
feet;
  5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
feet;
  6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
feet;
  2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
feet;
  3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
feet;
  4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
feet;
  5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
feet;
  6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
feet;
  7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
feet;
  8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
feet;
  9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
feet;
  10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
feet;
  11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
feet;
  12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
feet;
  13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
feet;
  14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
feet;
  15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
feet;
  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5. In the event that the lands  to  be  acquired,  as  described  in
section  four of this act, are not equal or greater in fair market value

A. 2223                             5

than the lands being alienated, as described in section  three  of  this
act,  the  county  of  Suffolk shall dedicate the difference in the fair
market value for the acquisition  of  additional  parklands  and/or  for
capital improvements to existing park and recreational facilities.
  S  6. If the land that is the subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parklands 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  satisfying  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 discontinued.
  S 7. This act shall take effect immediately.

co-Sponsors

2015-A2223A - Details

See Senate Version of this Bill:: S6873
Current Committee:: Assembly Local Governments
Law Section:: Parks
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9657, S7580
2017-2018: S1138

2015-A2223A - Summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

2015-A2223A - Bill Text download pdf

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

                                 2223--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  LUPINACCI  --  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 authorizing the county of Suffolk to alienate certain parcels of
  land used as parkland and to acquire other parcels of land to  replace
  such parkland

  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
Suffolk,  acting by and through its governing body, is hereby authorized
to discontinue as parklands and alienate  the  lands  more  particularly
described  in  section  three  of  this act, and to sell and convey such
parklands at fair market value and upon such other terms and  conditions
as  determined  by  the  governing  body of Suffolk County to the Elwood
Public Library.
  S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the county of Suffolk shall  acquire
and  dedicate  the lands of equal or greater fair market value described
in section four of this act as additional parklands of the county.
  S 3. The lands authorized by section one of this act to be  discontin-
ued  as  parklands  and conveyed to the Elwood Public Library consist of
1.2 acres and are described as follows:
  BEGINNING at a point on the westerly side of Cuba Hill  Road  distant,
187.00  Feet  southerly as measured along the westerly side of Cuba Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING THENCE South 12 degrees 38 minutes 40 seconds East  along  the
westerly side of Cuba Hill Road, 6.90 Feet to a point;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04615-02-5

A. 2223--A                          2

  THENCE  South  20  degrees 26 minutes 00 seconds East, still along the
westerly side of Cuba Hill Road, 91.57 Feet to land now or  formerly  of
Sisters of St. Benedict;
  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1. South 85 degrees 53 minutes 40  seconds  West,  227.95  Feet  to  a
point;
  2.  South  86  degrees  16 minutes 00 seconds West, 329.76 Feet to the
southeast corner of Lot No. 9, as shown on a certain map entitled,  "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE  the  following  two (2) courses and distances along Lot No. 9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2. North 86 degrees 51 minutes 20 seconds East,  535.71  Feet  to  the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S  4. The county of Suffolk, acting by and through its governing body,
shall dedicate the replacement lands, being of  equal  or  greater  fair
market value, for use as parkland for public park purposes consisting of
44.38 acres described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected,  situate,  lying and being at Mt. Sinai,
Town of Brookhaven, County of Suffolk and State of New York  being  more
particularly bounded and described as follows:
  BEGINNING  at  a monument on the southerly side of Bayview Avenue (Old
Post Lane) where the same is intersected by the easterly line  of  lands
of  the  order of Poor Brethren of St. Francis, now known as the Society
of St. Francis, American Province, Inc. and the  westerly  side  of  the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly  side  of  Bayview  Avenue  (Old Post Lane) the following three (3)
courses and distances;
  1) North 74 degrees 51 minutes 00 seconds east  a  distance  of  98.00
feet;
  2)  South  72  degrees  07 minutes 10 seconds east a distance of 52.09
feet;
  3) South 28 degrees 48 minutes 00 seconds east  a  distance  of  35.87
feet to lands now or formerly of Salmon;
  THENCE  along land of Salmon, along land now or formerly of Takach and
lands now or formerly of Kowaleski the following four  (4)  courses  and
distances;
  1)  South  20  degrees 56 minutes 26 seconds west a distance of 300.41
feet;
  2) South 28 degrees 50 minutes 38 seconds east a  distance  of  446.83
feet;
  3)  South  42  degrees  53 minutes 14 seconds east a distance of 90.60
feet;
  4) North 42 degrees 40 minutes 00 seconds east  a  distance  of  36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE  along said last mentioned land, along lands now or formerly of
Scaglione and lands now or formerly of Daddino the  following  five  (5)
courses and distances;
  1)  South  33  degrees  10 minutes 00 seconds east a distance of 64.30
feet;
  2) South 8 degrees 31 minutes 00 seconds  east  a  distance  of  68.50
feet;

A. 2223--A                          3

  3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
feet;
  4)  South  22  degrees 53 minutes 00 seconds east a distance of 145.70
feet;
  5) South 31 degrees 00 minutes 00 seconds east a  distance  of  121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE  still  along  lands now or formerly of Jean M. Caliguri living
trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
feet;
  2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
feet;
  3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
feet;
  4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
feet;
  5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
feet;
  6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
feet;
  7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
feet to a point;
  THENCE  still along lands now or formerly of Hecht and lands of others
the following eight (8)  courses  and  distances  to  a  point  and  the
northwesterly line of Shore Road west;
  1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
feet;
  2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
feet;
  3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
feet;
  4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
feet;
  5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
feet;
  6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
feet;
  7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
feet;
  8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
feet;
  THENCE  along  the  northwesterly  line  of  shore road west, south 46
degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
ment  and  lands  now or formerly of Herwerth; thence along lands now or
formerly of Herwerth the following three (3) courses and distances;
  1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
feet;
  2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
feet;
  3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
feet to lands know or formerly of Bruni;
  THENCE  along  lands  now  or formerly of Bruni and lands of other the
following four (4) courses and distances;

A. 2223--A                          4

  1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
feet;
  2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
feet;
  3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
feet;
  4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE  along  the  Easterly  line  of  said map the following six (6)
courses and distances;
  1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
feet;
  2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
feet;
  3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
feet;
  4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
feet;
  5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
feet;
  6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
feet;
  2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
feet;
  3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
feet;
  4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
feet;
  5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
feet;
  6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
feet;
  7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
feet;
  8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
feet;
  9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
feet;
  10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
feet;
  11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
feet;
  12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
feet;
  13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
feet;
  14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
feet;
  15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
feet;

A. 2223--A                          5

  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5.  In the event that the parklands to be dedicated by the county of
Suffolk  pursuant  to this act are not equal to or greater than the fair
market value of the parkland to be discontinued and conveyed, the county
of Suffolk shall dedicate the difference of the fair market value of the
lands to be alienated and the lands to be dedicated for the  acquisition
of additional parklands and/or for capital improvements to existing park
and recreational facilities.
  S  6.  In  the  event  that the county of Suffolk received any funding
support or assistance from the  federal  government  for  the  purchase,
maintenance  or  improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland  author-
ized  by  the  provisions  of  section three of this act shall not occur
until the county of Suffolk has complied with any  federal  requirements
pertaining  to the alienation or conversion of such parklands, including
satisfying the secretary of the interior that the alienation or  conver-
sion  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 usefulness to the lands being alien-
ated or converted.
  S 7. This act shall take effect immediately.

co-Sponsors

2015-A2223B (ACTIVE) - Details

See Senate Version of this Bill:: S6873
Current Committee:: Assembly Local Governments
Law Section:: Parks
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9657, S7580
2017-2018: S1138

2015-A2223B (ACTIVE) - Summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

2015-A2223B (ACTIVE) - Bill Text download pdf

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

                                 2223--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. LUPINACCI, RAIA -- read once and referred to the
  Committee on Local Governments -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Local Governments in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT authorizing the county of Suffolk to alienate certain parcels of
  land used as parkland and to acquire other parcels of land to  replace
  such parkland

  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
Suffolk,  acting by and through its governing body, is hereby authorized
to discontinue as parklands and alienate  the  lands  more  particularly
described  in  section  three  of  this act, and to sell and convey such
parklands at fair market value and upon such other terms and  conditions
as  determined  by  the  governing  body of Suffolk County to the Elwood
Public Library.
  S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the county of Suffolk shall  acquire
and  dedicate  the  lands described in section four of this act as addi-
tional parklands of the county.
  S 3. The lands authorized by section one of this act to be  discontin-
ued  as  parklands  and conveyed to the Elwood Public Library consist of
1.2 acres and are described as follows:
  BEGINNING at a point on the westerly side of Cuba Hill  Road  distant,
187.00  Feet  southerly as measured along the westerly side of Cuba Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04615-05-6

A. 2223--B                          2

  RUNNING THENCE South 12 degrees 38 minutes 40 seconds East  along  the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE  South  20  degrees 26 minutes 00 seconds East, still along the
westerly side of Cuba Hill Road, 91.57 Feet to land now or  formerly  of
Sisters of St. Benedict;
  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1. South 85 degrees 53 minutes 40  seconds  West,  227.95  Feet  to  a
point;
  2.  South  86  degrees  16 minutes 00 seconds West, 329.76 Feet to the
southeast corner of Lot No. 9, as shown on a certain map entitled,  "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE  the  following  two (2) courses and distances along Lot No. 9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2. North 86 degrees 51 minutes 20 seconds East,  535.71  Feet  to  the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S  4. The county of Suffolk, acting by and through its governing body,
shall dedicate the replacement lands for use as parkland for public park
purposes consisting of 44.38 acres described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and  being  at  Mt.  Sinai,
Town  of  Brookhaven, County of Suffolk and State of New York being more
particularly bounded and described as follows:
  BEGINNING at a monument on the southerly side of Bayview  Avenue  (Old
Post  Lane)  where the same is intersected by the easterly line of lands
of the order of Poor Brethren of St. Francis, now known as  the  Society
of  St.  Francis,  American  Province, Inc. and the westerly side of the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly side of Bayview Avenue (Old Post  Lane)  the  following  three  (3)
courses and distances;
  1)  North  74  degrees  51 minutes 00 seconds east a distance of 98.00
feet;
  2) South 72 degrees 07 minutes 10 seconds east  a  distance  of  52.09
feet;
  3)  South  28  degrees  48 minutes 00 seconds east a distance of 35.87
feet to lands now or formerly of Salmon;
  THENCE along land of Salmon, along land now or formerly of Takach  and
lands  now  or  formerly of Kowaleski the following four (4) courses and
distances;
  1) South 20 degrees 56 minutes 26 seconds west a  distance  of  300.41
feet;
  2)  South  28  degrees 50 minutes 38 seconds east a distance of 446.83
feet;
  3) South 42 degrees 53 minutes 14 seconds east  a  distance  of  90.60
feet;
  4)  North  42  degrees  40 minutes 00 seconds east a distance of 36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE along said last mentioned land, along lands now or formerly  of
Scaglione  and  lands  now or formerly of Daddino the following five (5)
courses and distances;
  1) South 33 degrees 10 minutes 00 seconds east  a  distance  of  64.30
feet;

A. 2223--B                          3

  2)  South  8  degrees  31  minutes 00 seconds east a distance of 68.50
feet;
  3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
feet;
  4) South 22 degrees 53 minutes 00 seconds east a  distance  of  145.70
feet;
  5)  South  31  degrees 00 minutes 00 seconds east a distance of 121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE still along lands now or formerly of Jean  M.  Caliguri  living
trust  and  lands  now  or  formerly of Alfano, lands now or formerly of
Varland, lands now or formerly of Coleman,  lands  now  or  formerly  of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1)  South  66  degrees 06 minutes 00 seconds west a distance of 135.00
feet;
  2) South 66 degrees 16 minutes 00 seconds west  a  distance  of  97.78
feet;
  3)  South  61  degrees 33 minutes 00 seconds west a distance of 138.70
feet;
  4) South 60 degrees 16 minutes 00 seconds west a  distance  of  131.65
feet;
  5)  South  51  degrees  05 minutes 00 seconds west a distance of 56.20
feet;
  6) South 72 degrees 31 minutes 00 seconds west a  distance  of  168.20
feet;
  7)  South  83  degrees  03 minutes 00 seconds west a distance of 93.50
feet to a point;
  THENCE still along lands now or formerly of Hecht and lands of  others
the  following  eight  (8)  courses  and  distances  to  a point and the
northwesterly line of Shore Road west;
  1) South 00 degrees 00 minutes 56 seconds east a  distance  of  356.36
feet;
  2)  South  13  degrees  18 minutes 00 seconds west a distance of 78.50
feet;
  3) South 26 degrees 55 minutes 00 seconds west  a  distance  of  44.57
feet;
  4)  North  67  degrees  32 minutes 00 seconds west a distance of 80.20
feet;
  5) North 73 degrees 22 minutes 00 seconds west  a  distance  of  88.30
feet;
  6)  South  27  degrees 46 minutes 00 seconds east a distance of 209.30
feet;
  7) South 58 degrees 49 minutes 00 seconds west a  distance  of  260.40
feet;
  8)  South  19  degrees 32 minutes 00 seconds east a distance of 209.84
feet;
  THENCE along the northwesterly line  of  shore  road  west,  south  46
degrees  10  minutes 00 seconds west a distance of 61.36 feet to a monu-
ment and lands now or formerly of Herwerth; thence along  lands  now  or
formerly of Herwerth the following three (3) courses and distances;
  1)  North  65  degrees 12 minutes 00 seconds west a distance of 121.72
feet;
  2) North 65 degrees 47 minutes 00 seconds west a  distance  of  136.10
feet;
  3)  North  72  degrees  12 minutes 00 seconds west a distance of 65.12
feet to lands know or formerly of Bruni;

A. 2223--B                          4

  THENCE along lands now or formerly of Bruni and  lands  of  other  the
following four (4) courses and distances;
  1)  North  66  degrees 22 minutes 00 seconds west a distance of 149.70
feet;
  2) North 67 degrees 24 minutes 00 seconds west a  distance  of  131.45
feet;
  3)  North  65  degrees 33 minutes 00 seconds west a distance of 129.50
feet;
  4) North 68 degrees 12 minutes 00 seconds west a  distance  of  178.40
feet  to  the easterly line of "map of Mt. Sinai Hills section 3", filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE along the Easterly line of  said  map  the  following  six  (6)
courses and distances;
  1)  North  05  degrees 54 minutes 00 seconds west a distance of 100.00
feet;
  2) North 07 degrees 29 minutes 00 seconds west a  distance  of  140.80
feet;
  3)  North  05  degrees  55 minutes 00 seconds east a distance of 29.20
feet;
  4) North 21 degrees 03 minutes 00 seconds east a  distance  of  104.20
feet;
  5)  North  20  degrees 19 minutes 00 seconds east a distance of 177.50
feet;
  6) North 18 degrees 42 minutes 00 seconds east a  distance  of  236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1)  South  87  degrees 00 minutes 00 seconds east a distance of 199.90
feet;
  2) South 82 degrees 38 minutes 00 seconds east  a  distance  of  58.00
feet;
  3)  South  87  degrees 32 minutes 00 seconds east a distance of 230.60
feet;
  4) North 3 degrees 58 minutes 00 seconds west  a  distance  of  104.30
feet;
  5)  North  26  degrees  21 minutes 00 seconds east a distance of 98.20
feet;
  6) North 0 degrees 45 minutes 00 seconds east  a  distance  of  127.90
feet;
  7)  North  8  degrees  10 minutes 00 seconds east a distance of 133.70
feet;
  8) North 87 degrees 54 minutes 00 seconds east a  distance  of  110.00
feet;
  9)  North  9  degrees  55 minutes 00 seconds east a distance of 367.01
feet;
  10) South 82 degrees 44 minutes 00 seconds east a  distance  of  12.00
feet;
  11)  North  31  degrees 50 minutes 00 seconds east a distance of 35.00
feet;
  12) North 59 degrees 55 minutes 00 seconds east a  distance  of  48.50
feet;
  13)  South  89 degrees 30 minutes 00 seconds east a distance of 112.20
feet;
  14) North 20 degrees 08 minutes 00 seconds east a distance  of  207.75
feet;

A. 2223--B                          5

  15)  North  36 degrees 57 minutes 00 seconds east a distance of 348.00
feet;
  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5.  In the event that the parklands to be dedicated by the county of
Suffolk pursuant to this act are not equal to or greater than  the  fair
market value of the parkland to be discontinued and conveyed, the county
of Suffolk shall dedicate the difference of the fair market value of the
lands  to be alienated and the lands to be dedicated for the acquisition
of additional parklands and/or for capital improvements to existing park
and recreational facilities.
  S 6. In the event that the county  of  Suffolk  received  any  funding
support  or  assistance  from  the  federal government for the purchase,
maintenance or improvement of the parklands set forth in  section  three
of  this act, the discontinuance and alienation of such parkland author-
ized by the provisions of this act shall not occur until the  county  of
Suffolk  has  complied  with  any federal requirements pertaining to the
alienation or conversion of such  parklands,  including  satisfying  the
secretary  of  the  interior  that the alienation or 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 usefulness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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Assembly Bill A2223B

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Sponsored By

LUPINACCI

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-A2223 - Details

2015-A2223 - Summary

2015-A2223 - Bill Text download pdf

co-Sponsors

Andrew Raia

2015-A2223A - Details

2015-A2223A - Summary

2015-A2223A - Bill Text download pdf

co-Sponsors

Andrew Raia

2015-A2223B (ACTIVE) - Details

2015-A2223B (ACTIVE) - Summary

2015-A2223B (ACTIVE) - Bill Text download pdf

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