NY State Senate Bill 2021-S6356A

Senate Bill S6356A

2021-2022 Legislative Session

Authorizes the town of Brookhaven, county of Suffolk, to alienate certain lands used as parkland and to dedicate certain other lands as parklands

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2021	recommit, enacting clause stricken
May 17, 2021	print number 6356a
May 17, 2021	amend and recommit to local government
Apr 23, 2021	referred to local government

Bill Amendments

Original

A (Active)

2021-S6356 - Details

Law Section:: Parks

2021-S6356 - Summary

Authorizes the town of Brookhaven, county of Suffolk, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

2021-S6356 - Sponsor Memo

2021-S6356 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6356
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
   ate and discontinue the use of certain parklands
 
   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 Brookha-
 ven,  county  of  Suffolk, acting by and through its governing body, and
 upon such terms and conditions as determined by  such  body,  is  hereby
 authorized  to  discontinue  as  parkland  the  lands  more particularly
 described in section two of this act. The authorization to alienate such
 parklands shall be effective only upon the condition that  the  town  of
 Brookhaven,  county  of  Suffolk  dedicate  the  lands more particularly
 described in section three of this act for  parkland  purposes,  in  the
 town of Brookhaven, county of Suffolk.
   §  2. The lands authorized by section one of this act to be discontin-
 ued as parklands are described as follows:
   Beginning at the northeast corner of the  herein  described  property,
 said point being more particularly described thus:
   Commencing  at  the intersection of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the southwest corner of property acquired by the County
 of  Suffolk  from  Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map Showing Property to be Acquired from Decca Navigator  System,  Inc.
 for  County  Purposes" County of Suffolk Department of Public Works R.M.
 Kammerer, Commissioner.
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10926-02-1

 S. 6356                             2
 
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3.  Along  the  arc of a circular curve to the left having a radius of
 1,873.86 feet, tangent to the previous curve, said  curve  has  a  chord
 which  bears  South  73°24'46" East 105.02 feet, an arc length of 105.04
 feet;
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7. South 79°17'52" East 184.55 feet, to the westerly line of land  now
 or formerly of Rosh, LLC.;
   Thence,  along said westerly line, North 05°32'27" West 2,605.87 feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8. North 05°20'34" West 3,196.62 feet, to the southerly  line  of  the
 Long Island Railroad as monumented;
   Thence  along  the southerly line of the Long Island Railroad as monu-
 mented, South 82°57'08" West, 877.24 feet, to the  northeast  corner  of
 the herein described property at the Point of Beginning;
   Thence South 05°27'31" East 384.27 feet ;
   Thence  North  67°06'35" West 769.69 feet to the southerly line of the
 Long Island Railroad as monumented;
   Thence along the southerly line of the Long Island Railroad  as  monu-
 mented, North 82°57'08" East 677.64 feet to the Point of Beginning.
   Containing within said bounds 2.99 Acres
   §  3.  Prior  to  the  discontinuance  and alienation of the parklands
 described in section two of this act, the town of Brookhaven shall dedi-
 cate as parklands such land described as follows:
   Beginning at the southeast corner of the  herein  described  property,
 said point being more particularly described thus:
   Commencing  at  the intersection of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the southwest corner of property acquired by the County
 of  Suffolk  from  Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map Showing Property to be Acquired from Decca Navigator  System,  Inc.
 for  County  Purposes" County of Suffolk Department of Public Works R.M.
 Kammerer, Commissioner.
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3. Along the arc of a circular curve to the left having  a  radius  of
 1,873.86  feet,  tangent  to  the previous curve, said curve has a chord
 which bears South 73°24'46" East 105.02 feet, an arc  length  of  105.04
 feet;

 S. 6356                             3
 
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7.  South 79°17'52" East 184.55 feet, to the westerly line of land now
 or formerly of Rosh, LLC.;
   Thence, along said westerly line, North 05°32'27" West 2,605.87  feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8. North 05°20'34" West 1,467.95 feet, to the Point of Beginning.
   RUNNING thence South 84°16'27" West 598.41 feet;
   Thence North 05°27'31" West 442.71 feet;
   Thence North 84°32'29" East 599.29 feet;
   Thence South 05°20'34" East 439.92 feet to the Point of Beginning.
   Containing within said bounds 6.13Acres
   §  4.  In  the  event that the town of Brookhaven received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or improvement of the parklands set forth in section two of
 this act, the discontinuance and alienation of such parkland  authorized
 by the provisions of this act shall not occur until the town of Brookha-
 ven  has complied with any federal requirements pertaining to the alien-
 ation or conversion of parklands, including satisfying the secretary  of
 the  interior that the alienation or conversion complies with all condi-
 tions 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.
   § 5. This act shall take effect immediately.

2021-S6356A (ACTIVE) - Details

Law Section:: Parks

2021-S6356A (ACTIVE) - Summary

Authorizes the town of Brookhaven, county of Suffolk, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

2021-S6356A (ACTIVE) - Sponsor Memo

2021-S6356A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6356--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 to authorize the town of Brookhaven, county of Suffolk, to alien-
   ate and discontinue the use of certain parklands
 
   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 Brookha-
 ven,  county  of  Suffolk, acting by and through its governing body, and
 upon such terms and conditions as determined by  such  body,  is  hereby
 authorized  to  discontinue  as  parkland  the  lands  more particularly
 described in section three of this act and convey such lands to New York
 Site Operations, LLC for the purpose of improving rail access.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the town of Brookhaven, county of
 Suffolk,  dedicate the lands more particularly described in section four
 of this act for parkland purposes, provided that the town of  Brookhaven
 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:
   Beginning at the northeast corner of the  herein  described  property,
 said point being more particularly described thus:
   Commencing  at  the intersection of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the southwest corner of property acquired by the County
 of  Suffolk  from  Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map Showing Property to be Acquired from Decca Navigator  System,  Inc.
 for  County  Purposes" County of Suffolk Department of Public Works R.M.
 Kammerer, Commissioner.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10926-03-1

 S. 6356--A                          2
 
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3. Along the arc of a circular curve to the left having  a  radius  of
 1,873.86  feet,  tangent  to  the previous curve, said curve has a chord
 which bears South 73°24'46" East 105.02 feet, an arc  length  of  105.04
 feet;
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7.  South 79°17'52" East 184.55 feet, to the westerly line of land now
 or formerly of Rosh, LLC.;
   Thence, along said westerly line, North 05°32'27" West 2,605.87  feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8.  North  05°20'34"  West 3,196.62 feet, to the southerly line of the
 Long Island Railroad as monumented;
   Thence along the southerly line of the Long Island Railroad  as  monu-
 mented,  South  82°57'08"  West, 877.24 feet, to the northeast corner of
 the herein described property at the Point of Beginning;
   Thence South 05°27'31" East 384.27 feet ;
   Thence North 67°06'35" West 769.69 feet to the southerly line  of  the
 Long Island Railroad as monumented;
   Thence  along  the southerly line of the Long Island Railroad as monu-
 mented, North 82°57'08" East 677.64 feet to the Point of Beginning.
   Containing within said bounds 2.99 Acres
   § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
 described  in  section  three  of this act, the town of Brookhaven shall
 dedicate as parklands such lands described as follows:
   Beginning at the southeast corner of the  herein  described  property,
 said point being more particularly described thus:
   Commencing  at  the intersection of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the southwest corner of property acquired by the County
 of  Suffolk  from  Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map Showing Property to be Acquired from Decca Navigator  System,  Inc.
 for  County  Purposes" County of Suffolk Department of Public Works R.M.
 Kammerer, Commissioner.
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord

 S. 6356--A                          3
 
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3.  Along  the  arc of a circular curve to the left having a radius of
 1,873.86 feet, tangent to the previous curve, said  curve  has  a  chord
 which  bears  South  73°24'46" East 105.02 feet, an arc length of 105.04
 feet;
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7. South 79°17'52" East 184.55 feet, to the westerly line of land  now
 or formerly of Rosh, LLC.;
   Thence,  along said westerly line, North 05°32'27" West 2,605.87 feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8. North 05°20'34" West 1,467.95 feet, to the Point of Beginning.
   RUNNING thence South 84°16'27" West 598.41 feet;
   Thence North 05°27'31" West 442.71 feet;
   Thence North 84°32'29" East 599.29 feet;
   Thence South 05°20'34" East 439.92 feet to the Point of Beginning.
   Containing within said bounds 6.13 Acres
   § 5. In the event that the fair market value of the lands described in
 section four of this act to be  dedicated  by  the  town  of  Brookhaven
 pursuant  to  this  act are not equal to or greater than the fair market
 value of the parklands to be alienated as described in section three  of
 this  act, the town of Brookhaven, shall dedicate the difference of fair
 market value of the lands to be alienated and the lands to be  dedicated
 for  the acquisition of additional parklands and/or capital improvements
 to existing park and recreational facilities.
   § 6. In the event that the town of  Brookhaven  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
 Brookhaven  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
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 7. This act shall take effect immediately.

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