Assembly Bill A10048

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10048
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
   Committee on Local Governments
 
 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.
   §  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.
   THENCE  southerly by and with the westerly side of the existing Oyster
 Bay  Water  District  Plant  8,  the  following  two  (2)  bearings  and
 distances:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15018-01-8

 A. 10048                            2
 
   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).
   § 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.
   §  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 +/-.
   §  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.
   §  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.
   § 7. This act shall take effect immediately.