S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7649
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2017
                                ___________
 
 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.
              
             
                          
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 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.