NY State Senate Bill 2017-S1138

Senate Bill S1138

2017-2018 Legislative Session

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government
Jan 06, 2017	referred to local government

2017-S1138 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Parks
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7580
2015-2016: S6873

2017-S1138 (ACTIVE) - Summary

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

2017-S1138 (ACTIVE) - Sponsor Memo

2017-S1138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1138
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the county of Suffolk to alienate 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.  Subject  to  the  provisions  of  this act, the county of
 Suffolk, acting by and through its governing body, is hereby  authorized
 to  discontinue  as  parklands  and alienate the lands more particularly
 described in section three of this act, and  to  sell  and  convey  such
 parklands  at fair market value and upon such other terms and conditions
 as determined by the governing body of  Suffolk  County  to  the  Elwood
 Public Library.
   § 2. The authorization contained in section one of this act shall take
 effect  only upon the condition that the county of Suffolk shall acquire
 and dedicate the lands described in section four of this  act  as  addi-
 tional parklands of the county.
   §  3. The lands authorized by section one of this act to be discontin-
 ued as parklands and conveyed to the Elwood Public  Library  consist  of
 1.2 acres and are described as follows:
   BEGINNING  at  a point on the westerly side of Cuba Hill Road distant,
 187.00 Feet southerly as measured along the westerly side of  Cuba  Hill
 Road from the extreme southerly end of the arc of a curve which connects
 the southerly side of Elbormar Drive with the westerly side of Cuba Hill
 Road.
   RUNNING  THENCE  South 12 degrees 38 minutes 40 seconds East along the
 westerly side of Cuba Hill Road, 6.90 Feet to a point;
   THENCE South 20 degrees 26 minutes 00 seconds East,  still  along  the
 westerly  side  of Cuba Hill Road, 91.57 Feet to land now or formerly of
 Sisters of St. Benedict;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05823-01-7

 S. 1138                             2
 
   THENCE  the  following  two  (2)  courses  and  distances  along  last
 mentioned land:
   1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
 point;
   2. South 86 degrees 16 minutes 00 seconds West,  329.76  Feet  to  the
 southeast  corner of Lot No. 9, as shown on a certain map entitled, "Map
 of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
 as Map No. 1543;
   THENCE the following two (2) courses and distances along  Lot  No.  9,
 No.  10 and No. 11 as shown on aforesaid map;
   1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
   2.  North  86  degrees  51 minutes 20 seconds East, 535.71 Feet to the
 westerly side of Cuba Hill Road at the point or place of BEGINNING.
   § 4. The county of Suffolk, acting by and through its governing  body,
 shall dedicate the replacement lands for use as parkland for public park
 purposes consisting of 44.38 acres described as follows:
   All that certain plot, piece or parcel of land, with the buildings and
 improvements  thereon  erected,  situate,  lying and being at Mt. Sinai,
 Town of Brookhaven, County of Suffolk and State of New York  being  more
 particularly bounded and described as follows:
   BEGINNING  at  a monument on the southerly side of Bayview Avenue (Old
 Post Lane) where the same is intersected by the easterly line  of  lands
 of  the  order of Poor Brethren of St. Francis, now known as the Society
 of St. Francis, American Province, Inc. and the  westerly  side  of  the
 premises herein described;
   RUNNING THENCE from said point and place of beginning along the south-
 erly  side  of  Bayview  Avenue  (Old Post Lane) the following three (3)
 courses and distances;
   1) North 74 degrees 51 minutes 00 seconds east  a  distance  of  98.00
 feet;
   2)  South  72  degrees  07 minutes 10 seconds east a distance of 52.09
 feet;
   3) South 28 degrees 48 minutes 00 seconds east  a  distance  of  35.87
 feet to lands now or formerly of Salmon;
   THENCE  along land of Salmon, along land now or formerly of Takach and
 lands now or formerly of Kowaleski the following four  (4)  courses  and
 distances;
   1)  South  20  degrees 56 minutes 26 seconds west a distance of 300.41
 feet;
   2) South 28 degrees 50 minutes 38 seconds east a  distance  of  446.83
 feet;
   3)  South  42  degrees  53 minutes 14 seconds east a distance of 90.60
 feet;
   4) North 42 degrees 40 minutes 00 seconds east  a  distance  of  36.05
 feet to lands now or formerly of Brazier family 2009 irrevocable trust;
   THENCE  along said last mentioned land, along lands now or formerly of
 Scaglione and lands now or formerly of Daddino the  following  five  (5)
 courses and distances;
   1)  South  33  degrees  10 minutes 00 seconds east a distance of 64.30
 feet;
   2) South 8 degrees 31 minutes 00 seconds  east  a  distance  of  68.50
 feet;
   3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
 feet;
   4) South 22 degrees 53 minutes 00 seconds east a  distance  of  145.70
 feet;

 S. 1138                             3
 
   5)  South  31  degrees 00 minutes 00 seconds east a distance of 121.40
 feet to lands now or formerly of Jean M. Caliguri living trust;
   THENCE  still  along  lands now or formerly of Jean M. Caliguri living
 trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
 Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
 Spero and lands now or formerly of Hecht, the following seven (7) cours-
 es and distances;
   1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
 feet;
   2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
 feet;
   3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
 feet;
   4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
 feet;
   5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
 feet;
   6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
 feet;
   7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
 feet to a point;
   THENCE  still along lands now or formerly of Hecht and lands of others
 the following eight (8)  courses  and  distances  to  a  point  and  the
 northwesterly line of Shore Road west;
   1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
 feet;
   2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
 feet;
   3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
 feet;
   4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
 feet;
   5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
 feet;
   6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
 feet;
   7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
 feet;
   8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
 feet;
   THENCE  along  the  northwesterly  line  of  shore road west, south 46
 degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
 ment  and  lands  now or formerly of Herwerth; thence along lands now or
 formerly of Herwerth the following three (3) courses and distances;
   1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
 feet;
   2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
 feet;
   3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
 feet to lands know or formerly of Bruni;
   THENCE  along  lands  now  or formerly of Bruni and lands of other the
 following four (4) courses and distances;
   1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
 feet;
   2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
 feet;

 S. 1138                             4
 
   3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
 feet;
   4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
 feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
 in the office of the Suffolk County Clerk as map no. 8071;
   THENCE  along  the  Easterly  line  of  said map the following six (6)
 courses and distances;
   1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
 feet;
   2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
 feet;
   3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
 feet;
   4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
 feet;
   5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
 feet;
   6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
 feet to a monument and lands now or formerly of Society of St.  Francis,
 American Province, Inc.;
   THENCE along lands now or formerly of Society of St. Francis, American
 Province, Inc. the following sixteen (16) courses and distances;
   1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
 feet;
   2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
 feet;
   3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
 feet;
   4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
 feet;
   5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
 feet;
   6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
 feet;
   7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
 feet;
   8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
 feet;
   9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
 feet;
   10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
 feet;
   11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
 feet;
   12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
 feet;
   13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
 feet;
   14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
 feet;
   15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
 feet;
   16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
 feet to the point and place of BEGINNING.
   § 5.  In the event that the parklands to be dedicated by the county of
 Suffolk pursuant to this act are not equal to or greater than  the  fair

 S. 1138                             5
 
 market value of the parkland to be discontinued and conveyed, the county
 of Suffolk shall dedicate the difference of the fair market value of the
 lands  to be alienated and the lands to be dedicated for the acquisition
 of additional parklands and/or for capital improvements to existing park
 and recreational facilities.
   §  6.  In  the  event  that the county of Suffolk received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or  improvement of the parklands set forth in section three
 of this act, the discontinuance and alienation of such parkland  author-
 ized  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  such 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.

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