S T A T E O F N E W Y O R K
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7649
2017-2018 Regular Sessions
I N A S S E M B L Y
May 5, 2017
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Introduced by M. of A. M. L. MILLER -- read once and referred to the
Committee on Local Governments
AN ACT authorizing the alienation of certain parklands in the town of
Hempstead, county of Nassau
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 Hemp-
stead, in the county of Nassau, 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 the town of
Hempstead to Mott Development, Inc.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the town of Hempstead shall dedi-
cate the lands described in section four of this act as additional park-
land of the town.
§ 3. The lands authorized by section one of this act to be discontin-
ued as parklands and conveyed by the county of Nassau are described as
follows:
ALL that certain plot, piece or parcel of land, situate, lying and
being at Oceanside in the Town of Hempstead, County of Nassau and State
of New York, containing approximately two acres of bounded and described
as follows:-
BEGINNING at the Northwest corner thereof at a point formed by the
intersection of the highwater mark on the Southerly bank of Bedell Creek
with a line drawn parallel to an old fence now standing on the Easterly
line of land of one Bristol and distant Fifty (50) feet Easterly there-
from, and running thence Southerly in direct continuation of said line
to the old fence on the Southerly side of Mott Street, or Bayview
Avenue; thence Easterly and in a straight line with and part of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11087-02-7
A. 7649 2
distance along said old fence to a post on the Southwesterly bank of
said Bedell Creek; thence along said Creek in a Northerly, Westerly and
Southerly direction as the said Creek winds and turns to the point or
place of beginning.
TOGETHER with the land in Mott Street or Bayview Avenue to the West of
said premises now used as a roadway leading from the public highway.
And which said premises according to a survey thereof made by Birdsall
Jackson, Civil Engineer, Wantagh, N.Y., June 25, 1919 are more partic-
ularly bounded and described as follows:-
BEGINNING at the Southeast corner thereof at a point on the Southwes-
terly bank of Bedell Creek formed by the intersection of said bank with
the prolongation of the Southerly side of Mott Street, or Bayview
Avenue, and running thence South eighty-nine (89) degrees, twenty-nine
(29) minutes, West along the Southerly side of Mott Street or Bayview
Avenue and the prolongation thereof Four hundred seventy-nine and 41/100
(479.41) feet; thence North eleven (11) degrees, twenty-five (25)
minutes East and on a line parallel to an old fence now standing on the
Easterly line of land of one Bristol and distant Fifty (50) feet Easter-
ly therefrom Two hundred forty-nine and thirteen one-hundredths (249.13)
feet to the Southerly bank of said Bedell Creek and thence along the
bank of said Bedell Creek in a Northerly, Easterly and Southerly direc-
tion as said Creek winds and turns to the point or place of beginning.
Containing according to said survey Two and eight one-hundredths
(2.08) acres.
TOGETHER with all the right, title and interest of the parties of the
first part of, in and to the land lying in Bedell Creek immediately in
front of and adjoining the above described premises.
§ 4. The town of Hempstead, acting by and through its governing body,
shall acquire and dedicate the replacement lands for use as parkland for
public park purposes described as follows:
All that piece or parcel of property situated in Oceanside, Town of
Hempstead, County of Nassau and State of New York shown as Section 54
Block 322 Part of Lot 6 on the Nassau County Land the Tax Map and being
more particularly described as follows:
Beginning at a point on the northerly line of Mott Street, said point
being a distance of 418.80 feet from the easterly and of a curve
connecting the easterly line of Phillips Place with the northerly line
of Mott Street;
Thence North 37 degrees 16 minutes 40 seconds East a distance of 65.46
feet to a point;
Thence South 59 degrees 17 minutes 07 seconds East a distance of 10.57
feet to a point;
Thence South 37 degrees 16 minutes 40 seconds West a distance of 57.79
feet to a point on the northerly line of Mott Street;
Thence South 87 degrees 02 minutes 40 seconds West along said line a
distance of 13.75 feet to the point of beginning
Said parcel containing 647 square feet
§ 5. In the event that the parklands described in section four of this
act to be acquired and dedicated by the town of Hempstead pursuant to
this act are not equal to or greater than the parklands described in
section three of this act being alienated, the town of Hempstead 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.
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§ 6. In the event that the town of Hempstead 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 parklands author-
ized by the provisions of section three of this act shall not occur
until the town of Hempstead 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.
§ 7. This act shall take effect immediately.