Assembly Bill A8133

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

                                  8133

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2015
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Local Governments

AN ACT in relation to the alienation of certain parklands in the village
  of Kings Point in the town of North Hempstead in the county of Nassau

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

  Section  1.  Legislative  Findings.  The  legislature hereby finds and
determines that the village of Kings Point, in  the  county  of  Nassau,
alienated  and  conveyed municipal parklands on or before 1946 to itself
for public works and other non-park purposes. Furthermore:
  (a) In 1927, the village of Kings Point board  of  trustees  passed  a
resolution  authorizing  the  acquisition of several parcels of land for
park purposes. Later that year, the village acquired one of the parcels,
comprising approximately 5.455 acres, which is now used by the village's
department of public works for non-park purposes (the DPW site). Nothing
in the deed limited the use of the land to parkland purposes.
  (b) The  village  of  Kings  Point  subsequently  acquired  additional
parcels  and by 1930 it had acquired all of what is now Kings Point park
and the DPW site, which, together, comprise approximately 173 acres. The
remaining approximately 167.5 acres of Kings Point park continued to  be
used as village parkland.
  (c)  In  1936, the village leased the 173 acres to the Great Neck park
district, a special district of the town of North Hempstead,  to  manage
and maintain as a park.
  (d) In error, a 1938 renewal of that lease reserved to the village the
right  to  use  a "dumping area" that is the present DPW site. It is not
clear if the DPW site was used for non-park purposes before  that  time,
although it probably was.
  (e)  That  error  was  continued  when,  in  1946 the village and park
district executed an addendum to the 1938 lease excluding the  DPW  site
from the lands leased by the village to the park district.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11574-01-5
              

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  (f)  Since  1946,  in  a  succession  of leases, the DPW site has been
excluded from the land leased to the park district  and  has  been  used
continuously, openly, and notoriously for non-park purposes.
  (g)  In  1967,  at  the  request of the village, the state legislature
enacted a law authorizing the leasing of all or part of the lands  known
as Kings Point park, and expressly validating, ratifying, and confirming
the 1958 lease, which expressly excluded the DPW site.
  (h) In November 2008, the village announced a proposed reconfiguration
of  the  DPW  site.  As of May 2009, the village had spent over $500,000
preparing for construction, projected to cost $4  million,  on  the  DPW
site.
  (i)  The legislation would only be alienating 1.566 (29%) of the 5.455
acres that had been excluded from the park lease for almost 70 years for
non-park use.
  (j) It would be waste of village taxpayer funds to demolish the exist-
ing facilities only to have to reconstruct them at another location.
  (k) It is critical to the village that it  be  able  to  maintain  the
minimal  1.566 (29%) of the 5.455 acres DPW site for DPW purposes as its
location is the most feasible to the residents of the village.
  (l) The proposed land to be substituted as parkland is a larger water-
front property that, if acquired by the village, could be  converted  to
and  maintained  as  a beautiful scenic entrance along the east coast of
the village, available for residents and others  for  walking,  fishing,
and other passive use.
  S  2. Notwithstanding the errors described in section one of this act,
the prior alienation of the parklands described in section five of  this
act  to the village of Kings Point is hereby validated, legalized, rati-
fied, and confirmed, notwithstanding the absence  of  prior  legislative
approval.
  S  3.  The  village of Kings Point, in the county of Nassau, is hereby
authorized to discontinue the use of certain parklands more particularly
described in section five of this act to utilize such  lands  for  other
municipal purposes.
  S  4.  The  authorization contained in section three of this act shall
take effect only upon the condition that  the  village  of  Kings  Point
shall dedicate the lands of equal or greater fair market value described
in section six of this act as additional parklands of the village.
  S  5.  The  parklands  to  be  discontinued and alienated, pursuant to
section three of this act are bounded and described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in  the  incorpo-
rated  Village of Kings Point, Town of North Hempstead, County of Nassau
and State of New York, bounded and described as follows:
  BEGINNING at a point on the southeasterly line of  Kings  Point  Road,
said  point  being  distant  384.15 feet northeasterly as measured along
said line form the corner formed by the intersection  of  the  northerly
line  of  Steamboat Road (Elm Point Road) with the southeasterly line of
Kings Point Road;
  RUNNING THENCE from said point of beginning the following fifteen (15)
courses, the first course being along Kings Point Road;
  1. North 32° 58' 20" East, a distance of 329.83 feet;
  2. South 57° 15' 20" East, a distance of 57.09 feet;
  3. North 49° 42' 50" East, a distance of 128.95 feet to a  non-tangent
curve;

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  4. Southeasterly along the arc of a circular curve bearing to the left
having  a  radius  of  112.00  and a length of 188.62 feet to a point of
non-tangency;
  5. North 88° 40' 06" West, a distance of 90.60 feet;
  6. South 33° 30' 31" West, a distance of 89.31 feet;
  7. South 06° 17' 26" East, a distance of 12.57 feet;
  8. South 36° 59' 08" West, a distance of 43.46 feet;
  9. North 78° 59' 13" West, a distance of 32.81 feet;
  10. South 57° 01' 40" East, a distance of 26.90 feet;
  11. South 12° 01' 40" East, a distance of 63.69 feet;
  12. South 32° 58' 20" West, a distance of 111.03 feet;
  13. North 57° 01' 40" West, a distance of 104.45 feet;
  14. South 32° 58' 20" West, a distance of 16.44 feet;
  15.  North  57°  01' 40" West, a distance of 105.57 feet to the south-
easterly line of Kings Point Road and the point or place  of  BEGINNING,
known as part of Lot 1 in Block 197, Section 1 of the Nassau County Land
and  Tax  Map, and containing within said bounds 68,236 Sq. Ft. or 1.566
Acres, more or less.
  S 6. Prior to  the  discontinuance  and  alienation  of  the  parkland
described  in  section  five  of  this  act, the village of Kings Point,
acting through its village legislature, shall dedicate replacement lands
for use as parkland for public  park  purposes,  with  such  replacement
lands, being of equal or greater fair market value, as follows:
                                 Parcel 1
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying a being in the incorporated
Village  of  Kings  Point, Town of North Hempstead, County of Nassau and
State of New York, bounded and described as follows:
  BEGINNING at a point on the easterly  line  of  East  Shore  Road,  as
widened, at the division line between Lot 32 and Lot 35 in Block 172;
  RUNNING  THENCE  from  said  point of beginning North 89° 42' 24" East
along said division line, a distance of 148.66 feet  to  the  mean  high
water line of Manhasset Bay;
  THENCE the following fifteen (15) courses;
  1. South 59° 48' 00" West, a distance of 58.80 feet;
  2. North 89° 28' 41" East, a distance of 354.96 feet;
  3. South 23° 32' 26" West, a distance of 234.56 feet;
  4. South 23° 31' 56" West, a distance of 35.51 feet;
  5. South 13° 10' 40" East, a distance of 302.68 feet;
  6. South 13°10'34" East, a distance of 113.81 feet;
  7. South 13°00'46" East, a distance of 176.23 feet;
  8. South 14°29'48" East, a distance of 14.97 feet;
  9. South 78°27'38" West, a distance of 183.03 feet;
  10. South 17°34'37" East, a distance of 3.60 feet;
  11. South 11°36'48" East, a distance of 47.03 feet;
  12. South 15°47'03" East, a distance of 47.01 feet;
  13. South 11°51'28" East, a distance of 46.39 feet;
  14. South 16°55'57" East, a distance of 43.87 feet;
  15. South 13°47'52" East, a distance of 1.62 feet;
  RUNNING  THENCE  South 73°03'53" West, a distance of 36.52 feet to the
easterly line of East Shore Road, as widened;
  THENCE North 17°12'16" West along said easterly widened line  of  East
Shore  Road,  a  distance  of 818.42 feet to the beginning of a circular
curve;

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  THENCE northwesterly still along said widened line and along  the  arc
of  a  curve  bearing  to  the  right having a radius of 1930.00 feet, a
length of 201.85 feet to a point of tangency;
  THENCE  North 11°12'42" West still along said widened line, a distance
of 120.83 feet to the point or place of BEGINNING, known as Lot 35, Lots
36A & B, Lots 37A & B, Lots 43A & B, Lots 39C & D, Lots 40A  &  B,  Lots
41A & B, Lots 42A & B In Block 172, Section 1 And Lots 1A & B, Lots 2A &
B,  Lots  3A  &  B,  Lot  4, Lot 5, Lot 6 in Block 184, Section 1 of the
Nassau County Land and  Tax  Map,  and  containing  within  said  bounds
262,168 Sq. Ft. or 6.018 Acres, more or less.
                                 Parcel 2
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected, situate, lying and being in the incorpo-
rated Village of Kings Point, Town of North Hempstead, County of  Nassau
and State of New York, bounded and described as follows:
  BEGINNING  at  a  point  on  the  easterly line of East Shore Road, as
widened, at the northwesterly corner of Lot 7 in Block 184;
  RUNNING THENCE from said point of beginning North 75° 20' 44" East,  a
distance  of  27.89  feet  to the mean high water line of Manhasset Bay;
THENCE the following eight (8) courses;
  1. South 14° 39' 16" East, a distance of 41.96 feet;
  2. South 13° 24' 41" East, a distance of 50.74 feet;
  3. South 09° 12' 00" East, a distance of 16.85 feet;
  4. South 43° 28' 34" East, a distance of 54.02 feet;
  5. South 29° 05' 04" West, a distance of 52.63 feet;
  6. South 07° 51' 18" East, a distance of 13.41 feet;
  7. South 05° 30' 34" East, a distance of 25.32 feet;
  8. South 84° 29' 26" West, a distance of 27.26 feet  to  the  easterly
line of East Shore Road, as widened;
  THENCE  northwesterly  along  said widened line and along the arc of a
curve bearing to the left having a radius of 1931.04 feet, a  length  of
229.62  feet  to the point or place of BEGINNING, known as Lot 7, Lot 8,
Lot 9 & Lot 10 in Block 184, Section 1 of the Nassau County Land and Tax
Map, and containing within said bounds 8,045 Sq.  Ft.  or  0.185  Acres,
more or less.
                                Parcel 3
All  that  certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in  the  Incorpo-
rated  Village of Kings Point, Town of North Hempstead, County of Nassau
and State of New York, bounded and described as follows:
  BEGINNING at a point on the easterly  line  of  East  Shore  Road,  as
widened, at the northwesterly corner of Lot 11A in Block 184;
  RUNNING  THENCE  from  said  point of beginning the following ten (10)
courses;
  1. North 89° 22' 41" East, a distance of 90.42 feet;
  2. North 78° 22' 30" East, a distance of 114.01 feet;
  3. South 11°37'30 East, a distance of 67.11 feet;
  4. South 78°22'30 West, a distance of 119.92 feet;
  5. South 89°22'41 West, a distance of 18.00 feet;
  6. South 81°36'22 East, a distance of 63.89 feet;
  7. North 78°22'30 East, a distance of 83.67 feet;
  8. South 11°37'30 East, a distance of 10.00 feet;
  9. South 78°22'30 West, a distance of 211.74 feet;
  10. South 89°43'30 West, a distance of 13.59 feet to the easterly line
of East Shore Road, as widened;

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THENCE northwesterly along said widened line and  along  the  arc  of  a
curve  bearing  to the left having a radius of 1931.04 feet, a length of
111.32 feet to the point or place of BEGINNING, known as Lots 11A  &  B,
Lots  12A  &  B, Lot 13 and Lot 14 in Block 184, Section 1 of the Nassau
County  Land  and  Tax Map, and containing within said bounds 19,147 Sq.
Ft. or 0.439 Acres, more or less. All three parcels together  containing
within their said bounds 6.642 acres more or less.
  S 7. In the event that the parklands to be dedicated by the village of
Kings  Point  pursuant  to this act are not equal to or greater than the
fair market value of the parkland to be  discontinued,  the  village  of
Kings  Point  shall  dedicate the difference of the fair market value of
the lands to be alienated and the lands to be dedicated for the acquisi-
tion of additional parklands and/or  capital  improvements  to  existing
park and recreational facilities.
  S 8. In the event that the village of Kings Point received any funding
support  or  assistance  from  the  federal government for the purchase,
maintenance, or improvement of the parklands set forth in  section  five
of  this  act, the discontinuance and alienation of the parkland author-
ized by the provisions of this act shall not occur until the village  of
Kings  Point has complied with any federal requirement pertaining to the
alienation or conversion of parklands, including satisfying  the  secre-
tary  of  the  interior  that alienation or conversion complies with all
conditions that the secretary of the interior deems necessary to  assure
the  substitution  of other lands shall be equivalent in fair market and
usefulness as the lands being alienated or converted.
  S 9. This act shall take effect immediately.