Bill S5298A-2013

Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore

Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore.

Details

Actions

  • Oct 21, 2013: SIGNED CHAP.407
  • Oct 9, 2013: DELIVERED TO GOVERNOR
  • Jun 20, 2013: returned to senate
  • Jun 20, 2013: passed assembly
  • Jun 20, 2013: home rule request
  • Jun 20, 2013: ordered to third reading rules cal.520
  • Jun 20, 2013: substituted for a6138b
  • Jun 13, 2013: referred to local governments
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 13, 2013: HOME RULE REQUEST
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1071
  • May 24, 2013: PRINT NUMBER 5298A
  • May 24, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • May 16, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 4, 2013
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S5298A

TITLE OF BILL: An act to authorize the county of Suffolk to discontinue the use of certain county lands as parkland and to sell and convey such lands to the First Baptist Church of Bay Shore

PURPOSE: Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore.

SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes Suffolk County, through its Legislature, to discontinue as parkland, sell and convey a specific parcel of land to the First Baptist Church of Bay Shore.

Section 2 provides that the authorization granted in ยง 1 is contingent on Suffolk County acquiring additional land of equal or greater value than that being alienated or making capital improvements to existing facilities.

Section 3 provides the meets and bounds description of the property.

Section 4 describes the replacement lands to be acquired and dedicated by the county of Suffolk to use as parkland for public park purposes.

Section 5 states that the discontinuance and conveyance of parcels described shall not occur until the county of Suffolk has complied with any federal requirements pertaining to the alienation or conversion or parklands.

Section 6 states that in the event that the park lands to be dedicated by the county are not of equal or greater fair market value and usefulness as park lands than the park lands to be discontinued, the county shall dedicate the difference of fair market value and/or usefulness of the lands to be alienated and the lands to be dedicated for the acquisition of additional park lands and/or capital improvements to existing park and recreational activities.

Section 7 states the effective date.

JUSTIFICATION: The First Baptist Church of Bay Shore is seeking to acquire a Parcel of land adjacent to their existing property in order to construct a new community center. The parcel in question was obtained by Suffolk County through a tax foreclosure proceeding and subsequently transferred to the Suffolk County Department of Parks, Recreation and Conservation, at which point it became considered dedicated parkland even though it was not used as such. This legislation is necessary to authorize Suffolk County to discontinue use of this parcel as parkland and enable it to be sold to the First Baptist Church of Bay Shore.

LEGISLATIVE HISTORY: S.4416B - died in Local Government Committee

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5298--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. BOYLE -- 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 county of Suffolk to discontinue the use of certain county lands as parkland and to sell and convey such lands to the First Baptist Church of Bay Shore THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The county of Suffolk, acting by and through its governing body, is hereby authorized to permanently discontinue as parklands, and to sell and convey, upon such terms and conditions as such governing body shall deem to be reasonable, to the First Baptist Church of Bay Shore the land described in section three of this act. S 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Suffolk dedicate an amount equal to or greater than the fair market value of the property being alienated by this act for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facil- ities. S 3. The lands to be permanently discontinued as parklands and alien- ated, and conveyed are described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Bay Shore, Town of Islip, County of Suffolk and State of New York, known and designated as part of Lot 71 and part of Lot 70 on the Map of Fordham Tract, filed in the Office of the Suffolk County Clerk on October 19, 1912 as Map No.l 270, said property being more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of former Harrison Avenue (Tax Lot 143), distant the following two (2) courses and distances from the intersection of the northerly side of the said former
Harrison Avenue (Tax Lot 143), with the northeasterly side of Second Avenue: 1. North 76 degrees 02 minutes 00 seconds East 183.83 feet; 2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet; RUNNING THENCE North 53 degrees 20 minutes 00 seconds East, 102.29 feet; THENCE South 37 degrees 39 minutes 08 seconds East, 49.91 feet to the southerly line of Lot 71 on the Map of Fordham Tract; THENCE South 56 degrees 55 minutes 00 seconds West 84.54 feet, along said line, to the northerly line of said former Harrison Avenue (Tax Lot 143); THENCE along the northerly line of said former Harrison Avenue (Tax Lot 143) North 59 degrees 28 minutes 00 seconds West, 48.41 feet to the POINT OR PLACE OF BEGINNING. Containing 4,386 square feet, more or less. S 4. The replacement lands to be acquired and dedicated by the county of Suffolk to use as parkland for public park purposes are described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Bay Shore, Town of Islip, County of Suffolk and State of New York, known and designated as part of lot numbers 68 and 69 and part of the northerly 12 feet of Lot 70 on the Map of Fordham Tract, filed in the Office of the Suffolk County Clerk on October 19, 1912 as Map No. 270, said property being more particularly bounded and described as follows: BEGINNING at the southwesterly corner of the property herein described, said point being distant the following three (3) courses and distances from the intersection of the northerly side of the former Harrison Avenue (Tax Lot 143) with the northeasterly side of Second Avenue: 1. North 76 degrees 02 minutes 00 seconds East 183.83 feet; 2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet; 3. North 53 degrees 20 minutes 00 seconds East, 102.29 feet; RUNNING THENCE North 37 degrees 39 minutes 08 seconds West, 61.97 feet to the division line between Lot 67 and Lot 68 shown on said Map of Fordham Tract; THENCE along Penataquit Brook, South 89 degrees 07 minutes 03 seconds East 101.66 feet, along a tie line; THENCE South 53 degrees 20 minutes 00 seconds West, 79.53 feet to the POINT OR PLACE OF BEGINNING. Containing 2,464 square feet, more or less. ALL that certain plot, piece or parcel of land, situate, lying and being at Bay Shore in the Town of Islip, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly line of Lot 71 on said of Map of Fordham Tract, distant the following three (3) courses and distances from the intersection of the northerly side of the former Harrison Avenue (Tax Lot 143), with the northeasterly side of Second Avenue: 1. North 76 degrees 02 minutes 00 seconds East 183.83 feet; 2. South 59 degrees 28 minutes 00 seconds East, 284.21 feet; 3. North 56 degrees 55 minutes 00 seconds East 84.54 feet, along said southerly line of Lot 71; RUNNING THENCE North 56 degrees 55 minutes 00 seconds East 52.68 feet, along said southerly line of Lot 71; THENCE South 31 degrees 17 minutes 00 seconds East, 13.21 feet; THENCE North 84 degrees 50 minutes 00 seconds 4.67 feet;
THENCE South 18 degrees 53 minutes 00 seconds West, 65.91 feet; THENCE North 37 degrees 39 minutes 08 seconds West, 56.18 feet to the POINT OR PLACE OF BEGINNING. Containing 1,922 square feet, more or less. S 5. The discontinuance and conveyance of parkland authorized by the provisions of this act shall not occur until the county of Suffolk has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the Secretary of the Inte- rior that the 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 6. In the event that the park lands to be dedicated by the county of Suffolk pursuant to this act are not of equal or greater fair market value and usefulness as park lands than the park lands to be discontin- ued, the county of Suffolk shall dedicate the difference of fair market value and/or usefulness of the lands to be alienated and the lands to be dedicated for the acquisition of additional park lands and/or capital improvements to existing park and recreational facilities. S 7. This act shall take effect immediately.

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