S T A T E   O F   N E W   Y O R K
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     S. 8385--A                                           A. 10508--A
 
                       S E N A T E - A S S E M B L Y
 
                                May 4, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and  referred
   to  the  Committee  on Local Governments -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
   ate certain parklands and to dedicate other lands as parklands
 
   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 town of Brookha-
 ven, acting by and through its governing body and upon  such  terms  and
 conditions as determined by such body is hereby authorized to discontin-
 ue  as  parkland and to alienate the lands described in section three of
 this act for highway department purposes including the construction of a
 shed.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the town of Brookhaven dedicate
 the lands described in section four of this act as  parklands;  provided
 that  the  town  of Brookhaven has never used such lands for public open
 space or park purposes.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated as parklands is described as follows:
   All  that  certain  plot, piece, or parcel of land, situate, lying and
 being in Shoreham, Town of Brookhaven, County of Suffolk, State  of  New
 York,  and being part of a Lot for Open Space on the "Survey of Proposed
 Open Space, Middlecross Estates, Section 2" prepared  by  Henderson  and
 Bodwell  and dated November 6, 1995, and also as shown on a map entitled
 "Map 1 - Land Use Swap,"  prepared  by  L.K.  McLean  Associates,  dated
 September  25,  2017;  said property being more particularly bounded and
 described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15488-04-8

 S. 8385--A                          2                        A. 10508--A
 
   Beginning at a point formed by the intersection of the easterly bound-
 ary line of Ridge Road with  the  southerly  boundary  line  of  Radford
 Street  (not  open);  said point being the following two (2) bearing and
 distances from the northerly terminus of a curve joining the said  east-
 erly  boundary  line  of  Ridge Road with the northerly boundary line of
 Framingham Lane:
   1. North 18° 16' 00" East, a distance  of  107.21  feet  to  a  point;
 thence
   2.  North, 16° 41' 41" East, a distance of 444.33 feet to the point of
 beginning;
   Thence, from said point of beginning, South 88°21'40" East, along  the
 said southerly boundary line of Radford Street (not open), a distance of
 119.69  feet  to a point on the westerly boundary line of Portman Avenue
 (not open);
   Thence, South 1°38'20" West, along  said  westerly  boundary  line,  a
 distance of 193.13 feet to a point;
   Thence,  North  88°21'40" West, through the said Lot for Open Space, a
 distance of 171.64 feet to a point on the first mentioned easterly boun-
 dary line of Ridge Road;
   Thence, North 16°41'41" East, along said  easterly  boundary  line,  a
 distance of 200.00 feet to the point or place of beginning.
   Subject  parcel  area  being 28,133 square feet or 0.646 acre, more or
 less.
   Part of Suffolk County Tax Map No. 0200-125.00-05.00-001.001.
   Subject to all rights, easements, covenants or restrictions of record.
   § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
 described  in  section  three  of this act, the town of Brookhaven shall
 dedicate as parklands such land described as follows:
   All that certain plot, piece, or parcel of land,  situate,  lying  and
 being  in  Shoreham, Town of Brookhaven, County of Suffolk, State of New
 York, being known as Lots 833 through 840 inclusive,  Lots  921  through
 928  inclusive,  Lots  953 through 957 inclusive, part of Portman Avenue
 (not open) and part of Villa Street (not open) on a map entitled "Map of
 Shoreham Heights Park, Section C" filed in the  Suffolk  County  Clerk's
 Office  on February 13, 1908 as File Map No. 543, and also as shown on a
 map entitled "Map 3 - Land Use Swap," prepared by  L.K.  Mclean  Associ-
 ates,  dated  September  25, 2017; said property being more particularly
 bounded and described as follows:
   Beginning at a point formed by the intersection of the  proposed  line
 for  land  use  conveyance  with  the  westerly boundary line of Portman
 Avenue (not open); said point being the following four (4) bearings  and
 distances  from the northerly terminus of a curve joining the said east-
 erly boundary line of Ridge Road with the  northerly  boundary  line  of
 Framingham Lane:
   1.  North 18° 16' 00" East, along said easterly boundary line of Ridge
 Road, a distance of 107.21 feet to a point; thence
   2. North 16° 41' 41" East, continuing  along  said  easterly  boundary
 line,  a  distance  of  444.33 feet to a point in the southerly boundary
 line of Radford Street (not open); thence
   3. South 88° 21' 40" East,  along  said  southerly  boundary  line,  a
 distance of 119.69 feet to a point on the first mentioned westerly boun-
 dary line of Portman Avenue (not open); thence
   4.  South  1°  38'  20"  West,  along  said  westerly boundary line, a
 distance of 193.13 feet to the point of beginning;
   Thence, from said point of beginning, North 88° 21' 40" West,  through
 the  bed  of  Portman  Avenue  (not open), a distance of 43.00 feet to a

 S. 8385--A                          3                        A. 10508--A
 
 point on the westerly boundary line of land now or formerly  Union  Free
 School District No. 10;
   Thence,  along  said  westerly  boundary  line  of  Union  Free School
 District No. 10 the following two (2) bearings and distances:
   1. South 1° 38' 20" West, a distance of 106.87 feet to a point;
   2. South 88° 21' 40" East, a distance of 207.00 feet to a point on the
 westerly boundary line of Pulaski Avenue (not open);
   Thence, South 1° 38' 20" West, along said westerly  boundary  line,  a
 distance of 250.00 feet to a point on the northerly boundary line of Lot
 29  on  Map of Middlecross Estates, Section 3, filed February 8, 1996 in
 the Suffolk County Clerk's Office as File Map No. 9803;
   Thence, North 88° 21' 40" West, along said northerly boundary line,  a
 distance  of  350.00  feet  to a point on the easterly line of Lot 30 of
 said File Map No. 9803;
   Thence, North 1° 38' 20" East, along said easterly  boundary  line,  a
 distance  of  250.00  feet  to a point on the southerly boundary line of
 land now or formerly of Town of Brookhaven (Open Space);
   Thence, South 88° 21' 40" East, along said southerly boundary line,  a
 distance of 100.00 feet to a point on the easterly boundary line of said
 land now or formerly of Town of Brookhaven (Open Space);
   Thence,  North  1°  38' 20" East, along said easterly boundary line, a
 distance of 106.87 feet to the point or place of beginning.
   Subject Parcel area being 92,085 square feet or 2.114 acres,  more  or
 less.
   Part  of  Suffolk  County  Tax  Map Nos. 0200-125.00-02.00-046.001 and
 046.002.
   § 5. In the  event  that  the  fair  market  value  of  the  parklands
 described  in  section  four of this act to be dedicated as parklands by
 the town of Brookhaven pursuant to this act are not equal to or  greater
 than  the  fair market value of the parklands described in section three
 of this act being alienated as parklands, the town of  Brookhaven  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  addi-
 tional parklands and/or capital improvements to existing park and recre-
 ational facilities.
   §  6.  In  the  event that the town of Brookhaven 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 town of
 Brookhaven has complied with any federal requirements pertaining to  the
 alienation  or  conversion of parklands, including satisfying the secre-
 tary 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 recreational usefulness to the lands being alienated or converted.
   § 7. This act shall take effect immediately.