S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    104
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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. Notwithstanding section 2 of chapter 325  of  the  laws  of
 1920,  subject  to the provisions of this act, the town of Hempstead, in
 the county of Nassau, acting by and through its governing body and  upon
 such  terms and conditions as determined by such body, is hereby author-
 ized to discontinue as parklands and to sell and convey at  fair  market
 value the lands described in section three of this act, to Mott Develop-
 ment for the purpose of providing necessary land for the construction of
 planned residential structures.
   §  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  parkland
 provided  that  the town 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 are 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 15 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 632.56  feet  from  the  easterly  and  of  a  curve
 connecting  the  easterly line of Phillips Place with the northerly line
 of Mott Street;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03424-01-9

 S. 104                              2
 
   Thence North 12 degrees 02 minutes 21 seconds East a distance of 69.90
 feet to a point;
   Thence  South 3 degrees 56 minutes 00 seconds East a distance of 67.53
 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 19.16 feet to the point of beginning;
   Said  parcel containing 647 square feet, and shall be conveyed subject
 to all rights, easements, covenants and restrictions on record.
   § 4. Prior to the discontinuance and alienation of parkland  described
 in  section  three  of  this  act,  the town of Hempstead, acting by and
 through its governing body, shall dedicate  as  parklands  the  property
 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.
   § 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.