S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8730
 
                             I N  S E N A T E
 
                               July 10, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize the county of Nassau to discontinue use  of  certain
   lands  as  parkland  located in the county's Bay Park and to authorize
   the city of Long Beach to convey to the county of Nassau  an  easement
   through land located in the city's Veteran's Memorial Park

   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  county  of
 Nassau,  acting by and through its county legislature, is hereby author-
 ized to discontinue the use as parklands the lands described in  section
 five of this act, for the purpose of constructing, installing, operating
 and maintaining a force main from the city of Long Beach to the Bay Park
 sewage  treatment  plant.  Upon  completion  of  the  force main related
 construction, the county of Nassau shall  restore  the  surface  of  the
 lands  more  particularly  described in section five of this act and the
 lands shall continue to be used for park purposes.
   § 2. Subject to the provisions of this act, the city  of  Long  Beach,
 acting  by and through its city council, is hereby authorized to discon-
 tinue the use as parklands the lands described in section  six  of  this
 act  and  convey  by appropriate instrument an easement to such lands to
 the county of  Nassau,  for  the  purpose  of  enabling  the  county  to
 construct,  install,  operate  and maintain a sewage force main from the
 city of Long  Beach  to  the  Bay  Park  sewage  treatment  plant.  Upon
 completion  of the force main related construction, the county of Nassau
 shall restore the surface of the lands more  particularly  described  in
 section six of this act and the lands shall continue to be used for park
 purposes.
   §  3.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the county of Nassau 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 capi-
 tal improvements to existing park and recreational facilities.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16852-04-0

 S. 8730                             2
 
   § 4. The authorization provided in section two of this  act  shall  be
 effective  only  upon the condition that the city of Long Beach dedicate
 an amount equal to or greater than the fair market value  of  the  park-
 lands being discontinued towards the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.
   §  5.  The parklands to be alienated by the county of Nassau, pursuant
 to section one of this act are described as follows:
   All that certain plot, piece or parcel of  land,  situate,  lying  and
 being  at,  Town  of  Hempstead, County of Nassau and State of New York,
 said parcel on Tax Map Section 42 Block S Lot 20 being more particularly
 described as follows:
   BEGINNING at a point on the northerly line of the BPSTP at its  inter-
 section with the easterly line of First Avenue;
 RUNNING THENCE South 29 degrees 52 minutes 07 seconds West a distance of
 approximately 246 feet to the POINT OF BEGINNING;
 South  71 degrees 18 minutes 58 seconds West a distance of 38.03 feet to
 a point;
 South 26 degrees 18 minutes 58 seconds West a distance of 105.21 feet to
 a point;
 South 15 degrees 03 minutes 58 seconds West a distance of  1113.63  feet
 to a point;
 South  26 degrees 18 minutes 53 seconds West a distance of 25.63 feet to
 a point;
 South 15 degrees 03 minutes 58 seconds West a distance of 482.20 feet to
 a point;
 South 29 degrees 56 minutes 02 seconds East a distance of 72.71 feet  to
 a point;
 South  74 degrees 56 minutes 02 seconds East a distance of 22.49 feet to
 a point of curvature;
 Thence on a curve to the right having an arc length  of  27.22  feet,  a
 radius  of  1000.00 feet, a chord bearing of South 74 degrees 09 minutes
 14 seconds East, and a chord length of 27.22 feet to a point of  tangen-
 cy;
 South 73 degrees 22 minutes 27 seconds East a distance of 161.54 feet to
 a point;
 South 50 degrees 52 minutes 27 seconds East a distance of 148.85 feet to
 a point of curvature;
 Thence  on  a  curve  to the left having an arc length of 110.25 feet, a
 radius of 1000.00 feet, a chord bearing of South 54 degrees  01  minutes
 57 seconds East, and a chord length of 110.20 feet to a point of tangen-
 cy;
 South  57 degrees 11 minutes 28 seconds East a distance of 66.27 feet to
 a point;
 South 68 degrees 26 minutes 28 seconds East a distance of  1045.56  feet
 to a point;
 Thence  on  a  curve  to the right having an arc length of 45.77 feet, a
 radius of 1000.00 feet, a chord bearing of South 67 degrees  07  minutes
 47 seconds East, and a chord length of 45.77 feet to a point;
 South  65 degrees 49 minutes 07 seconds East a distance of 35.46 feet to
 a point;
 South 20 degrees 49 minutes 07 seconds East a distance of 8.85 feet to a
 point;
 South 24 degrees 10 minutes 53 seconds West a distance of 419.12 feet to
 a point;
 South 69 degrees 11 minutes 01 seconds West a distance of 15.92 feet  to
 a point;

 S. 8730                             3

 South 24 degrees 11 minutes 01 seconds West a distance of 518.23 feet to
 a point;
 South  25 degrees 42 minutes 47 seconds West a distance of 37.27 feet to
 a point of curvature;
 Thence on a curve to the right having an arc length of  103.79  feet,  a
 radius  of  1000.00 feet, a chord bearing of South 28 degrees 41 minutes
 11 seconds West, and a chord length of 103.74 feet to a point of tangen-
 cy;
 South 31 degrees 39 minutes 35 seconds West a distance of 14.08 feet  to
 a point of curvature;
 Thence  on  a  curve  to  the left having an arc length of 43.58 feet, a
 radius of 1000.00 feet, a chord bearing of South 30 degrees  24  minutes
 40 seconds West, and a chord length of 43.58 feet, to a point of tangen-
 cy;
 South  29 degrees 09 minutes 46 seconds West a distance of 11.18 feet to
 a point;
 South 15 degrees 50 minutes 14 seconds East a distance of 15.90 feet  to
 a point;
 South  27 degrees 05 minutes 14 seconds East a distance of 59.51 feet to
 a point;
 South 17 degrees 54 minutes 46 seconds West a distance of 191.05 feet to
 a point;
 South 27 degrees 05 minutes 14 seconds East a distance of 16.00 feet  to
 a point;
 South  72 degrees 05 minutes 14 seconds East a distance of 60.65 feet to
 a point;
 South 27 degrees 05 minutes 14 seconds East a distance of 13.08 feet  to
 a point;
 South 17 degrees 54 minutes 46 seconds West a distance of 468.42 feet to
 a point;
 South 16 degrees 29 minutes 16 seconds West a distance of 532.43 feet to
 a point on the south line of Parcel 2 of lands conveyed to the County of
 Nassau  by  deed  recorded  in the Nassau County Clerk's Office in Liber
 9184 of Deeds at page 117, said easement
   Containing 120,598 square feet or 2.768 acres of land more or less.
   All that certain plot, piece, or parcel of land,  situate,  lying  and
 being  at,  Town  of  Hempstead, County of Nassau and State of New York,
 said parcel on Tax Map Section 42, Block A, Lot 50  being  more  partic-
 ularly described as follows:
   BEGINNING  at a point on the northerly line of the BPSTP at its inter-
 section with the easterly line of First Avenue;
 RUNNING THENCE South 20 degrees 36 minutes 18 seconds West a distance of
 approximately 203 feet to the POINT OF BEGINNING;
 South 23 degrees 38 minutes 27 seconds West a distance of 30.00 feet  to
 a point;
 South 76° degrees 38 minutes 37 seconds West a distance of 35.40 feet to
 a point;
 North  18 degrees 55 minutes 59 seconds West a distance of 27.00 feet to
 a point;
 North 58 degrees 04 minutes 18 seconds East a distance of 38.09 feet  to
 a point;
 South  66 degrees 21 minutes 33 seconds East a distance of 25.00 feet to
 the point or place of beginning,
   Containing 1,566 square feet or 0.036 acre of land more or less.
   All that certain plot, piece, or parcel of land,  situate,  lying  and
 being  at,  Town  of  Hempstead, County of Nassau and State of New York,

 S. 8730                             4
 
 said parcel on Tax Map Section 42, Block S, Lot 20  being  more  partic-
 ularly described as follows:
   BEGINNING at a point on the northerly line of the Nassau County Sewage
 Treatment  Plant  at  its  intersection  with the easterly line of First
 Avenue;
 RUNNING THENCE South 04 degrees 18 minutes 21 seconds East a distance of
 approximately 4401 feet to the POINT OF BEGINNING;
 South 17 degrees 54 minutes 46 seconds West a distance of 10.00 feet  to
 a point;
 North  72 degrees 05 minutes 14 seconds West a distance of 10.00 feet to
 a point;
 North 17 degrees 54 minutes 46 seconds East a distance of 10.00 feet  to
 a point;
 South  72 degrees 05 minutes 14 seconds East a distance of 10.00 feet to
 the point or place of beginning,
   Containing 100 square feet or 0.002 acre of land more or less.
   § 6. The easement to be conveyed by the city of Long  Beach,  pursuant
 to section two of this act is described as follows:
   All  that  certain  plot, piece, or parcel of land, situate, lying and
 being in Long Beach, Town of Hempstead, County of Nassau  and  State  of
 New  York,  said  parcel  on Tax Map Section 59, Block 278, Lot 39 being
 more particularly described as follows:
   BEGINNING at a point at the southwest corner of lands conveyed to  the
 City  of Long Beach by deed recorded in the Nassau County Clerk's Office
 in Liber 10938 of Deeds at page 659;
 RUNNING THENCE North 82 degrees 50 minutes 44 seconds East a distance of
 approximately 559 feet to the POINT OF BEGINNING;
 North 59 degrees 16 minutes 14 seconds West a distance of 121.85 feet to
 a point;
 North 89 degrees 21 minutes 25 seconds East a distance of 38.42 feet  to
 a point;
 South  59 degrees 16 minutes 14 seconds E a distance of 114.28 feet to a
 point;
 South 82 degrees 19 minutes 33 seconds West a distance of 32.20 feet  to
 the point or place of beginning,
   Containing 2361 square feet or 0.054 acre of land more or less.
   §  7.  In  the  event  that  the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance or improvement of the parklands set forth in section five of
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur until the county of Nassau
 has complied with any federal requirements pertaining to the  alienation
 or  conversion  of  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
 usefulness to the lands being alienated or converted.
   § 8. In the event that the city of Long  Beach  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in section six  of
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur until  the  city  of  Long
 Beach  has  complied  with  any  federal  requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure

 S. 8730                             5
 
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 9. This act shall take effect immediately.