S T A T E   O F   N E W   Y O R K
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                                  6545--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to authorizing  the  town  of  Smithtown,  county  of
   Suffolk,  to alienate and convey certain parcels of land used as park-
   lands
 
   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 Smith-
 town, located in the county of Suffolk, is hereby authorized, acting  by
 and  through its town board and upon such terms and conditions as deter-
 mined by such board, to discontinue as parklands and alienate the  lands
 more  particularly  described in section three of this act, and to lease
 such parklands at fair market value for the placement and operation of a
 personal wireless services facility at Callahans Beach for a term not to
 exceed 25 years.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the town of  Smithtown  dedicate  an
 amount  equal  to  or  greater  than  the fair market value of the lease
 interest being alienated pursuant to section one of this act toward  the
 acquisition  of  new waterfront parklands and/or capital improvements to
 existing waterfront park and recreational facilities.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued  as  parklands  and leased by the town of Smithtown are described as
 follows:
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
 improvements thereon erected, situate, lying and being at Fort  Salonga,
 Town of Smithtown, County of Suffolk and State of New York, more partic-
 ularly bounded and described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11931-03-7
              

 S. 6545--A                          2
 
   Beginning  at  a  point  being the following (3) courses and distances
 from the northeasterly corner of map no. 1449 (map of "Beverly Beach")
   (1) thence south 23 degrees 13 minutes 30 seconds west 600.00 feet;
   (2) thence south 66 degrees 46 minutes 30 seconds east 780.98 feet;
   (3)  thence  north 23 degrees 13 minutes 30 seconds east 35.00 feet to
 the point or place of beginning.
   Running thence north 23 degrees 13 minutes 30 seconds east 60.00 feet;
 thence south 66 degrees 46 minutes 30 seconds east  60.00  feet;  thence
 south  23 degrees 13 minutes 30 seconds west 60.00 feet; thence north 66
 degrees 46 minutes 30 seconds west 60.00 feet; to the point or place  of
 beginning. Totaling in 3,600 square feet or 0.083 acres.
   §  4.  Should  the leased lands described in section three of this act
 cease to be used for the purposes described in section one of this  act,
 the  lease  shall  terminate and those lands shall revert to the town of
 Smithtown for public park and recreational purposes. At the time of such
 reversion, the removal of such personal wireless services facility shall
 take place and the property shall be returned  to  its  previous  state,
 consistent with park and recreational purposes.
   §  5.  In  the  event  that the town of Smithtown 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 of parkland authorized by the provisions
 of this act shall not occur until the town  of  Smithtown  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 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.
   § 6. This act shall take effect immediately.