Bill S6694B-2013

Relates to authorizing the town of Smithtown, county of Suffolk to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

Authorizes the town of Smithtown, county of Suffolk to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

Details

Actions

  • Jul 22, 2014: SIGNED CHAP.152
  • Jul 11, 2014: DELIVERED TO GOVERNOR
  • Jun 11, 2014: returned to senate
  • Jun 11, 2014: passed assembly
  • Jun 11, 2014: home rule request
  • Jun 11, 2014: ordered to third reading rules cal.158
  • Jun 11, 2014: substituted for a8400b
  • Jun 10, 2014: referred to ways and means
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • Jun 10, 2014: HOME RULE REQUEST
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1118
  • Jun 3, 2014: REPORTED AND COMMITTED TO RULES
  • Mar 25, 2014: PRINT NUMBER 6694B
  • Mar 25, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Mar 6, 2014: PRINT NUMBER 6694A
  • Mar 6, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Feb 28, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins
Ayes W/R (1): Gianaris
Excused (1): Espaillat

Memo

BILL NUMBER:S6694B

TITLE OF BILL: An act authorizing the town of Smithtown, county of Suffolk to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

PURPOSE: This legislation is sought in order to facilitate the Town's proposed exchange of existing town parkland, parcel 800-126-1-p/o 41, with parcel 800-126-1-42, presently privately owned.

SUMMARY OF PROVISIONS:

Section 1: The town of Smithtown, county of Suffolk is authorized to discontinue certain lands as parkland as described in Section 3 of this act.

Section 2: Denotes that authorization shall be effective on the condition that the town of Smithtown acquire and dedicate property as parklands, as described in Section 4 of this act.

Section 3: Describes the metes and bounds of the property to be discontinued and alienated and conveyed.

Section 4: Describes the metes and bounds of the property to be acquired and dedicated by the town of Smithtown, county of Suffolk for use as parkland.

Section 5: Describes that, in the event that the lands to be acquired, as described in Section 4 of this act, are not equal or greater in fair market value than the lands being alienated, as described in Section 3 of this act, the town of Smithtown shall dedicate the difference in the fair market value for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facilities.

Section 6: Describes that, if the land that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of parklands authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the discontinuance will include 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 recreational usefulness to the lands being discontinued.

Section 7: States that this act shall take effect immediately.

JUSTIFICATION: This legislation is being sought by the Town of Smithtown who would like to facilitate the Town's proposed exchange of existing town parkland, parcel 800-126-1-p/o 41, with parcel 800-126-1-42, presently privately owned. The proposal would result in the creation of one contiguous parkland/open space parcel, instead of the current configuration of two separate parcels.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6694--B IN SENATE February 28, 2014 ___________
Introduced by Sen. FLANAGAN -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing the town of Smithtown, county of Suffolk to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town of Smithtown, county of Suffolk, is hereby author- ized to discontinue as parklands, alienate and convey the lands described in section three of this act. S 2. The authorization contained in section one of this act shall only be effective on the condition that the town of Smithtown acquire and dedicate as new parklands the lands described in section four of this act, such land to be used for park purposes. S 3. The lands to be discontinued as parklands and alienated and conveyed are described as follows: All that certain Plot or Parcel of Land with the buildings and improvements thereon erected, situate, lying and being at Smithtown, Town of Smithtown, Suffolk County and State of New York being designated as part of Lot 39, "Map of Timbercroft, Addition 2" filed in the Suffolk County Clerks Office October 14, 1942 as File No. 1378, more particular- ly bounded and described as follows: BEGINNING on the dividing line of Lot 39 and Lot 40 of said map, "Map of Timbercroft, Addition 2", being on the north side of Mobery Avenue south 87 degrees 47' minutes 10" seconds west a distance of 1006.62' feet from the end of a curve connecting the westerly side of Old Willets Path and the northerly side of Mobrey Avenue; Thence, westerly along the northerly side of Mobrey Avenue, south 87 degrees 47' minutes 10" seconds west a distance of 100.00' feet to the west side of Lot 39,
Thence, northerly, along the west side of Lot 39, north 2 degrees 13' minutes 10" seconds west a distance of 335.00' feet, Thence, easterly, through Lot 39, north 87 degrees 47' minutes 10" seconds east a distance of 100.00' feet to the dividing line of Lot 39 and Lot 40, Thence, southerly, along said dividing line, south 2 degrees 13" minutes 10" seconds east a distance of 335.00' feet to the POINT OF BEGINNING. Consisting of .77 acres±. S 4. The replacement lands to be acquired and dedicated by the town of Smithtown, county of Suffolk to use as new parkland for public park purposes are described as follows: All that certain Plot or Parcel of Land with the buildings and improvements thereon erected, situate, lying and being at Smithtown, Town of Smithtown, Suffolk County and State of New York being designated as part of Lot 42, "Map of Timbercroft, Addition 2" filed in the Suffolk County Clerks Office October 14, 1942 as File No. 1378, more particular- ly bounded and described as follows: BEGINNING on the dividing line of Lot 42 and Lot 43 of said map, "Map of Timbercroft, Addition 2", being located the following two (2) courses from the end of a curve connecting the westerly side of Old Willets Path and the northerly side of Mobrey Avenue: 1. South 87 degrees 47' minutes 10" seconds west a distance of 706.62' along the northerly side of Mobrey Avenue to the dividing line of Lot 42 and Lot 43, 2. Northerly, along said dividing line, north 2 degrees 13' minutes 10" seconds west a distance of 335.00' feet to the POINT OF BEGINNING. Thence, westerly, through Lot 42, south 87 degrees 47' minutes 10" seconds west a distance of 100.00' feet to the dividing line of Lot 42 and Lot 41, Thence, northerly, along said dividing line, north 2 degrees 13' minutes 10" seconds west a distance of 387.89' feet, Thence, easterly, south 79 degrees 36' minutes 20" seconds east a distance of 102.47' to the dividing line of Lot 42 and Lot 43. Thence, southerly, along said dividing line, south 2 degrees 13" minutes 10" seconds east a distance of 365.53' feet to the POINT OF BEGINNING. Consisting of .86 acres±. S 5. In the event that the lands to be acquired, as described in section four of this act, are not equal or greater in fair market value than the lands being alienated, as described in section three of this act, the town of Smithtown shall dedicate the difference in the fair market value for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facilities. S 6. If the land that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontin- uance of parklands authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the discontinuance will include 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 recreational usefulness to the lands being discontinued. S 7. This act shall take effect immediately.

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