S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5365
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Local Governments
 
 AN ACT authorizing the town of Brookhaven, county of Suffolk to amend  a
   conservation easement
 
   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 amend its rights acquired in a conservation easement  over
 the  lands  more  particularly  described  in section three of this act,
 which are held pursuant to section 247 of the general municipal law  and
 title  3  of article 49 of the environmental conservation law, adjusting
 the boundaries of the conservation easement by removing from the conser-
 vation easement the lands more particularly described in section four of
 this act for the express purpose of allowing rail access.
   § 2. The authorization to amend such conservation  easement  shall  be
 effective only upon the condition that the town of Brookhaven, county of
 Suffolk  add  to  the  conservation easement the lands more particularly
 described in section five of this act to conserve, preserve and  protect
 environmental assets, natural resources, open space and forest lands.
   § 3. The conservation easement subject to this act consists of approx-
 imately  62  acres  of  land,  which  is  more particularly described as
 follows:
 Preserve Area A (West of Rail Corridor)
 Suffolk County Real Property Tax Service Designation:
 District: 0200
 Section: 815.00
 Block: 01.00
 Lots: Part of 004.004, 006.002, Old Town Road
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09637-01-3
 A. 5365                             2
              

 ALL that certain plot, piece or parcel of land, situate, lying and being
 at Yaphank, Town of Brookhaven, County of Suffolk and State of Now York,
 being bounded and 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 south west corner of property acquired by the Coun-
 ty 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 degrees 01 minute 07 second 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 degrees 24 minute 46 seconds 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 degrees 24 minutes 46 seconds East 106.02 feet, an
 arc length of 106.04 feet;
 4. South 75 degrees 01 minute 07 seconds East, tangent to  the  previous
 curve, 79.43 feet;
 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet;
 6. South 75 degrees 01 minute 07 seconds East 104.97 feet;
 7.  South  79  degrees  17  minutes  52 seconds East 184.55 feet, to the
 westerly line of land now or formerly of Rosh, LLC;
 THENCE, along said westerly line, North 05 degrees 32 minutes 27 seconds
 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 courses:
 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet;
 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet;
 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet;
 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet;
 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet;
 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet;
 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet;
 8.  North  05  degrees  20 minutes 34 seconds West 3,196 62 feet, to the
 southerly line of the Long Island Railroad;
 THENCE along the southerly line of the Long Island  Railroad,  South  82
 degrees 57 minutes 08 seconds West, 877.24 feet, to the northeast corner
 of the herein described property at the Point of Beginning;
 THENCE South 05 degrees 27 minutes 31 seconds East 2,765.10 feet, to the
 northerly line of land now or formerly of New York Pyrotechnics;
 THENCE along said northerly line, South 84 degrees 19 minutes 38 seconds
 West 710.58 feet;
 THENCE North 04 degrees 46 minutes 00 seconds West 2,749.16 feet, to the
 southerly line of the Long Island Railroad;
 RUNNING  THENCE  along the southerly line of Long Island Railroad, North
 82 degrees 57 minutes 08 seconds East 677.64 feet, to the point or place
 of BEGINNING.
 Preserved Area B (East of Rail Corridor)
 Suffolk County Real Property Tax Service Designation:
 A. 5365                             3
 
 District: 0200
 Section: 815.00
 Block: 01.00
 Lots: Part of 006.002
 ALL that certain plot, piece or parcel of land, situate, lying and being
 at Yaphank, Town of Brookhaven, County of Suffolk and State of New York,
 being bounded and described a 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 degrees 01 minute 07 seconds 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 degrees 24 minutes 46 seconds 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 degrees 24 minutes 46 seconds East 105.02 feet,  an
 arc length of 105.04 feet;
 4.  South  75 degrees 01 minute 07 seconds East, tangent to the previous
 curve, 79.43 feet;
 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet;
 6. South 75 degrees 01 minute 07 seconds East 104.97 feet;
 7. South 79 degrees 17 minutes 52  seconds  East  184.55  feet,  to  the
 westerly line of land now or formerly of Rosh, LLC;
 THENCE  along said westerly line, North 05 degrees 32 minutes 27 seconds
 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 courses:
 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet;
 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet;
 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet;
 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet;
 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet;
 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet;
 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet;
 8.  North  05  degrees  20 minutes 34 seconds West 1,907.87 feet, to the
 Point of Beginning.
 RUNNING THENCE South 84 degrees 32 minutes 29 seconds West 599.29 feet;
 THENCE North 06 degrees 27 minutes 31 seconds West 282.03 feet;
 THENCE North 16 degrees 27 minutes 31 seconds West 115.18 feet;
 THENCE North 05 degrees 27 minutes 31 seconds West 876.03 feet,  to  the
 southerly line of the Long Island Railroad;
 THENCE  along  the  southerly line of the Long Island Railroad, North 82
 degrees 57 minutes 08 seconds East 622.14 feet, to the westerly line  of
 land of the County of Suffolk;
 THENCE  South  05  degrees  20 minutes 34 seconds East, along said land,
 1,288.75 feet, to the Point of BEGINNING.
 A. 5365                             4
 
   § 4. The land authorized by section one of this act to be removed from
 the conservation easement consists of 2.99 acres of  land  and  is  more
 particularly 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
 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
   § 5. The land authorized by section two of this act to be added to the
 conservation easement consists of 6.13 acres and  is  more  particularly
 described as follows:
   Beginning  at  the  southeast corner of the herein described property,
 said point being more particularly described thus:
 A. 5365                             5
 
   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;
   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
   § 6. This act shall take effect immediately.