Senate Bill S5364

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5364
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee on Cities 2
 
 AN ACT in relation to authorizing the city of Long Beach to alienate 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 city of Long
 Beach is hereby authorized, acting by and through  its  governing  body,
 and  upon  such  terms  and conditions as determined by, and in the sole
 discretion of, such governing body, to: (a) temporarily discontinue  the
 use  of the parklands described in section three of this act; and (b) to
 discontinue the use as parkland and  alienate  the  lands  described  in
 section four of this act, and to convey property interests in such lands
 to  EW Offshore Wind Transport Corporation for the purpose of construct-
 ing, maintaining and operating a  subterranean  conduit  and  electrical
 distribution  cable  system, together with subterranean transition joint
 bays and link boxes, and appurtenances thereto, under city of Long Beach
 parkland located at Ocean Beach Park (also known as Long Beach),  desig-
 nated  on  the  city of Long Beach Tax Map as Section 59, Block A, Lot 2
 (or Lots 1 - 6).
   § 2. The authorization contained in section one of this act shall only
 be effective on the condition that the city of Long  Beach  dedicate  an
 amount equal to or greater than fair market value of the parklands being
 alienated pursuant to section one of this act towards the acquisition of
 new  parklands  and/or  capital improvements to existing park and recre-
 ational facilities.
   § 3. The parklands authorized by section one of this act to be  tempo-
 rarily  discontinued  as  parkland  for  construction  are  described as
 follows:
   DESCRIPTION OF A PROPOSED LIMITED USE AREA ACROSS A PORTION OF TAX LOT
 2, BLOCK A, CITY OF LONG BEACH, NASSAU COUNTY, NEW YORK.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09922-01-3
              

 S. 5364                             2
 
   BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN TAX LOT  2  BLOCK  A
 AND  THE  SOUTHERLY  TERMINUS OF RIVERSIDE BOULEVARD (100' WIDE R.O.W.),
 SAID POINT BEING DISTANT SOUTH 86 DEGREES 49 MINUTES  59  SECONDS  EAST,
 8.57  FEET  FROM WHERE THE SAME IS INTERSECTED BY TAX LOT 203 BLOCK 272,
 AND RUNS THENCE
   1. ALONG SAID DIVIDING LINE BETWEEN TAX LOT 2 BLOCK A AND THE SOUTHER-
 LY  TERMINUS OF SAID RIVERSIDE BOULEVARD, SOUTH 86 DEGREES 49 MINUTES 59
 SECONDS EAST 84.49 FEET TO A POINT, THENCE
   2. ACROSS TAX LOT 2 BLOCK A, SOUTH 01 DEGREES 31  MINUTES  22  SECONDS
 EAST, 488.93 FEET TO A POINT, THENCE
   3.  STILL  ACROSS TAX LOT 2 BLOCK A, ALONG THE MEAN HIGH-WATER LINE OF
 THE ATLANTIC OCEAN, 157.1+/- FEET TO A POINT, THENCE
   4. STILL ACROSS TAX LOT 2 BLOCK A, NORTH  00  DEGREES  23  MINUTES  41
 SECONDS WEST, 424.50 FEET TO THE PLACE OF BEGINNING.
   CONTAINING 43,990 SQUARE FEET OR 1.0099 ACRES OF LAND.
   BEING  SHOWN  IN  ACCORDANCE  WITH  A  PLAN ENTITLED "LIMITED USE AREA
 EXHIBIT, PORTION OF TAX LOT 2, BLOCK A, BEACH AT  LONG  BEACH,  CITY  OF
 LONG  BEACH,  NASSAU  COUNTY,  NEW YORK "PREPARED BY DPK LAND SURVEYING,
 LLC, DATED FEBRUARY 17, 2023.
   The foregoing metes and bounds description  include  the  surface  and
 subsurface of the temporarily discontinued parkland for construction.
   §  4. The subsurface portion of land authorized by section one of this
 act to be permanently discontinued as parkland is described as follows:
   DESCRIPTION OF A PROPOSED LIMITED USE AREA ACROSS A PORTION OF TAX LOT
 2, BLOCK A, CITY OF LONG BEACH, NASSAU COUNTY, NEW YORK.
   BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN TAX LOT  2  BLOCK  A
 AND  THE  SOUTHERLY  TERMINUS OF RIVERSIDE BOULEVARD (100' WIDE R.O.W.),
 SAID POINT BEING DISTANT SOUTH 86 DEGREES 49 MINUTES  59  SECONDS  EAST,
 8.57  FEET  FROM WHERE THE SAME IS INTERSECTED BY TAX LOT 203 BLOCK 272,
 AND RUNS THENCE
   1. ALONG SAID DIVIDING LINE BETWEEN TAX LOT 2 BLOCK A AND THE SOUTHER-
 LY TERMINUS OF SAID RIVERSIDE BOULEVARD, SOUTH 86 DEGREES 49 MINUTES  59
 SECONDS EAST 84.49 FEET TO A POINT, THENCE
   2.  ACROSS  TAX  LOT 2 BLOCK A, SOUTH 01 DEGREES 31 MINUTES 22 SECONDS
 EAST, 488.93 FEET TO A POINT, THENCE
   3. STILL ACROSS TAX LOT 2 BLOCK A, ALONG THE MEAN HIGH-WATER  LINE  OF
 THE ATLANTIC OCEAN, 157.1+/- FEET TO A POINT, THENCE
   4.  STILL  ACROSS  TAX  LOT  2 BLOCK A, NORTH 00 DEGREES 23 MINUTES 41
 SECONDS WEST, 424.50 FEET TO THE PLACE OF BEGINNING.
   CONTAINING 43,990 SQUARE FEET OR 1.0099 ACRES OF LAND.
   BEING SHOWN IN ACCORDANCE WITH  A  PLAN  ENTITLED  "LIMITED  USE  AREA
 EXHIBIT,  PORTION  OF  TAX  LOT 2, BLOCK A, BEACH AT LONG BEACH, CITY OF
 LONG BEACH, NASSAU COUNTY, NEW YORK "PREPARED  BY  DPK  LAND  SURVEYING,
 LLC, DATED FEBRUARY 17, 2023.
   The  portion  of  the property subject to the permanently discontinued
 parkland will be below the surface  of  the  Earth,  with  the  vertical
 extents  no  higher  than  elevation  -30 (Feet, North American Vertical
 Datum of 1988); the intent being that the proposed cable route will  not
 interfere  with  or  affect  the existing boardwalk, boardwalk piles, or
 jetty on the subject property.
   § 5. Upon completion  of  construction,  EW  Offshore  Wind  Transport
 Corporation,  as authorized by this act in agreement and in consultation
 with the New York State Historic Preservation Office, shall restore  the
 surface  of  the  lands  more particularly described in section three of
 this act and such lands shall continue to be used for park purposes.
 S. 5364                             3
 
   § 6. 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 sections three
 and four of this act, the discontinuance and alienation  of  such  park-
 lands 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
 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.
   § 7. This act shall take effect immediately.