A9739-2011 Actions

• Jun 20, 2012: substituted by s6782b
• Jun 19, 2012: ordered to third reading rules cal.421
• Jun 19, 2012: rules report cal.421
• Jun 19, 2012: reported
• Jun 19, 2012: reported referred to rules
• Jun 18, 2012: reported referred to ways and means
• May 23, 2012: reference changed to local governments
• May 7, 2012: print number 9739b
• May 7, 2012: amend and recommit to governmental operations
• Apr 18, 2012: print number 9739a
• Apr 18, 2012: amend and recommit to governmental operations
• Mar 29, 2012: referred to governmental operations

A9739-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         9739
 I N  ASSEMBLY
 March 29, 2012
 
 Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
 Committee on Governmental Operations
 

AN ACT to authorize the  county  of  Nassau  to  transfer  ownership  of
 certain parklands to the Oyster Bay Water District
 

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
 is hereby authorized and empowered to discontinue as county parkland and
 convey the property described in section two  of  this  act,  which  was
 heretofore used by such county for park and/or recreational purposes and
 is  within the Tiffany Creek Preserve, upon terms to be fixed and deter
 mined by such county and approved by its legislature, to the Oyster  Bay
 water district.
 

S  2.  The  lands  referred to in section one of this act are located,
 bounded and described as follows:

 All that certain lot, piece or parcel  of  land,  situate,  lying  and
 being  in  the  Incorporated  Village of Oyster Bay Cove, Town of Oyster
 Bay, County of Nassau and State of New York, bounded  and  described  as
 follows:

 BEGINNING  at  a  point  where the westerly right-of-way line of Sandy
 Hill Road intersects the northerly right-of-way line of Berry Hill Road;
 Running thence westerly along the northerly right-of-way line of Berry
 Hill Road a distance of 381.77 feet  to  a  point  where  the  northerly
 right-of-way  line  of  Berry  Hill Road intersects the easterly line of
 property of the Oyster Bay Water District, said  property  being  desig
 nated  as Lot 337 in Block H of

Section 27 of the Nassau County Land and
 Tax Maps;
 THENCE running westerly along the northerly right-of-way line of Berry
 Hill Road (the same being the southerly property line of said lot  337),
 the following two (2) courses and distances:

 1. North 83 degrees-33 minutes-10 seconds West 120.00 feet;
 2. North 72 degrees-04 minutes-40 seconds West 105.00 feet,
 to  a  point  where the northerly right-of-way line of Berry Hill Road
 intersects the westerly property line of said Lot 337.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15120-01-2
 
       A. 9739                             2
 THENCE running northerly along the westerly property line of said  Lot
 337  a  distance  of  150.00  feet, more or less, to a point, which said
 point is the true POINT OF BEGINNING,
 And from said true POINT OF BEGINNING, running thence westerly along a
 line  being  parallel  to  the northerly right-of-way line of Berry Hill
 Road a distance of 150.00 feet to a point;
 THENCE running northerly along a line which is 90 degrees to the  last
 mentioned line, distance of 130 feet to a point;
 THENCE  running  easterly along a line which is 90 degrees to the last
 mentioned line and parallel to the northerly right-of-way line of  Berry
 Hill Road a distance of 110.00 feet to a point,
 THENCE  running  easterly along an extension of the northerly property
 line of said Lot 337 South 84  degrees-30  minutes-00  seconds  East,  a
 distance of approximately 107 feet to a point.
 THENCE running southerly along the northwesterly and westerly property
 lines of said Lot 337 the following two (2) courses and distances:

 1. South 45 degrees-30 minutes-00 seconds West 150.00 feet;
 2.  South 03 degrees-30 minutes-00 seconds West 20 feet, more or less,
 to the true POINT OR PLACE OF BEGINNING.
 Said property containing an area of approximately 23,159  square  feet
 (0.53 acres).
 

S 3. Subject to the provisions of this act, the Nassau county legisla
 ture  is hereby further authorized and empowered to convey to the Oyster
 Bay water district a non-pollution easement encompassing a radius of 200
 feet surrounding the well head installed on the  property  described  in
 section  two  of  this act, the area of such easement being shown upon a
 map entitled "OYSTER BAY WATER DISTRICT PLANT No. 8  PROPOSED  WELL  AND
 PUMP STATION" prepared by Holzmacher, McLendon & Murrell, P.C. and dated
 February  2007.  Such  land  shall remain open to the general public for
 passive park and recreational purposes.
 

S 4. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that on or before the alienation and
 conveyance of lands described in section two  of  this  act  and/or  the
 conveyance  of  the easement described in section three of this act, the
 county shall acquire additional lands of equal or  greater  fair  market
 value  than  the  lands  being alienated, as described in section two of
 this act. Such lands to be acquired, which shall be dedicated  as  park
 land, are designated by the following designations  on the Nassau County
 Land and Tax Map:

 1)

Section 65, Block 58, Lot 648
 2)

Section 63, Block 20, Lot 704
 3)

Section 65, Block 59, Lot 751
 4)

Section 63, Block 21, Lot 803
 such  parcels  being  those acquired by the People of the State of New
 York and containing therein approximately 4.13 acres�.
 

S 5. If the parcel described in section two of this act is greater  in
 fair  market  value  than  the  parcels  being  dedicated as parkland in
 section three of this act, the  county  of  Nassau  shall  dedicate  the
 difference in the fair market value of such lands for the acquisition of
 additional  park  lands and/or for capital improvements to existing park
 and recreational facilities.
 

S 6. If the parkland that is being discontinued has  received  federal
 funding pursuant to the Land and Water Conservation Fund, the discontin
 uance  and  conveyance of park land authorized by the provisions of this
 act shall not occur until the county of Nassau  has  complied  with  any
 state  requirements  pursuant  to  state issued grants for effected park
 
       A. 9739                             3
 property and federal  requirements  pertaining  to  conversion  of  park
 lands,  including  satisfying  the  secretary  of  the interior that the
 alienation or conversion complies with all conditions which  the  secre
 tary of the interior deems necessary to assure the substitution of other
 lands  shall be equivalent in fair market value and recreational useful
 ness to the lands being alienated or converted.
 

S 7. This act shall take effect immediately.

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