Assembly Bill A5716

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5716
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Local Governments
 
 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, acting by and through  its  town
 board and upon such terms and conditions as determined by such board, is
 hereby  authorized  to  discontinue  as parklands and alienate the lands
 more particularly described in section three of this act, and to  trans-
 fer  such lands to the county of Suffolk to facilitate the placement and
 operation of a sewer pump station at the Town of Smithtown Department of
 Parks, Buildings and Grounds.
   § 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 parklands
 being discontinued towards  the  acquisition  of  new  parklands  and/or
 towards  capital  improvements  to  existing  parkland  and recreational
 facilities.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated and transferred to the county of Suffolk 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 Kings Park,
 Town of Smithtown, County of Suffolk and State of New York, more partic-
 ularly bounded and described as follows:
   Beginning at a point at the northeast corner of the  herein  described
 parcel,  said  point  being  situate the following three (3) courses and
 distances as measured from the monument found on the southerly  side  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08689-01-9
              

 A. 5716                             2
 
 Main  Street  (NYS  Route  25A) at the division line between land now or
 formerly State of New York and land of the party of the first part:
   (1) south 85 degrees 40 minutes 00 seconds west 11.90 feet as measured
 along the southerly side of Main Street (NYS Route 25A);
   (2)  south  03 degrees 55 minutes 48 seconds east 194.45 feet as meas-
 ured along land of the party of the first part;
   (3) south 85 degrees 40 minutes 00 seconds west 171.02 feet  as  meas-
 ured along land of the party of the first part.
   Running  thence from said point of beginning through land of the party
 of the first part the following four courses of distances:
   (1) south 04 degrees 20 minutes 00 seconds east 50 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 80 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 50 feet;
   (4) north 85 degrees 40 minutes 00 seconds east 80 feet to  the  point
 or place of beginning.
   Total of 4,000 square feet.
   Together with an access easement, bounded and described as follows:
   Beginning  at  a point on the southerly side of Main street (NYS Route
 25A), said point being situate south 85 degrees 40  minutes  00  seconds
 west as measured along the southerly side of Main Street (NYS Route 25A)
 11.90  feet from the division line between land now or formerly State of
 New York and land of the party of the first part;
   Running thence from said point of beginning through land of the  party
 of the first part the following five (5) courses and distances:
   (1) south 03 degrees 55 minutes 48 seconds east 194.45 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 251.02 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 24.00 feet;
   (4) south 85 degrees 40 minutes 00 seconds east 221.19 feet;
   (5)  north  03  degrees  55 minutes 48 seconds west 170.45 feet to the
 southerly side of Main Street (NYS Route 25A);
   Running thence north 85 degrees 40 minutes 00 seconds east  along  the
 southerly side of Main Street (NYS Route 25A) 30.00 feet to the point or
 place  of  beginning.  Total  of  11,140 square footage or 0.26 acres of
 parkland.
   § 4. Should the lands described in section three of this act cease  to
 be  used  for  the  purposes described in section one of this act, those
 lands shall revert to the town of Smithtown for public park  and  recre-
 ational purposes. At the time of such reversion, the county shall remove
 the  sewer pump station and the property shall be returned to its previ-
 ous 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 and alienation of such parkland author-
 ized 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 parkland, 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 usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.