Bill Text: NY A10172 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the town of Brookhaven to discontinue a portion of real property currently used as parkland to West Ferry Office, LLC for the construction of sewer facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-31 - print number 10172a [A10172 Detail]

Download: New_York-2023-A10172-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10172--A

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Flood) --
          read once and referred  to  the  Committee  on  Local  Governments  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT in relation to authorizing the town of Brookhaven to convey ease-
          ments to a portion of real property in the county of Suffolk  consist-
          ing  of  parkland  to  West  Ferry Office, LLC for the construction of
          sewer facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subject to the provisions of this act, but notwithstanding
     2  any provision of law to the contrary, the town of Brookhaven, acting  by
     3  and through its governing body, is hereby authorized to convey by appro-
     4  priate  instruments  to  West  Ferry  Office, LLC, easements in parkland
     5  described in section three of this act, upon such terms  and  conditions
     6  as  the  town  shall  determine,  to  enable  West  Ferry Office, LLC to
     7  construct below surface sewer lines under such parkland.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only upon the condition that the town of Brookhaven dedicates
    10  an amount equal to or greater than the fair market value of the easement
    11  interest being alienated towards the acquisition of new parklands and/or
    12  capital improvements to existing parklands and  recreational  facilities
    13  within the town of Brookhaven.
    14    §  3.  The easements to be conveyed by the town of Brookhaven are more
    15  particularly described as follows:
    16    ALL THAT CERTAIN PLOT, PIECE OR PARCEL  of  land  situate,  lying  and
    17  being  at  Port  Jefferson, in the town of Brookhaven, county of Suffolk
    18  and state of New York, known and designated as lots 3 and 4, said  ease-
    19  ment being bounded and described as follows:
    20    Beginning  at  a  point  on the Northerly side of West Broadway at the
    21  division line between lots 2 and  4  and  3.  Running  thence  North  18
    22  degrees  18  minutes 00 seconds West at 30.00 feet to the easement point
    23  of beginning.
    24  1. Thence, North 49 degrees 45 minutes 16 seconds East at 270.00 feet;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15409-07-4
        A. 10172--A                         2

     1  2. Thence, North 19 degrees 01 minutes 39 seconds West at 30.00 feet;
     2  3. Thence, South 69 degrees 03 minutes 11 seconds West at 60.00 feet;
     3  4. Thence, South 18 degrees 11 minutes 35 seconds West at 30.00 feet;
     4  5. Thence, South 49 degrees 45 minutes 16 seconds East at 206.00 feet;
     5  6. Thence,  South 18 degrees 18 minutes 00 seconds East at 20.50 feet to
     6  the point or place of beginning.  Said parcel containing .148  acres  of
     7  land more or less.
     8    §  4.   The conveyance of the easement authorized by the provisions of
     9  this act shall not occur until the town of Brookhaven has complied  with
    10  any  federal  requirements pertaining to the alienation or conversion of
    11  such parklands, including satisfying the secretary of the interior  that
    12  the  alienation  or  conversion  complies  with all conditions which the
    13  secretary of the interior deems necessary to assure the substitution  of
    14  other  lands  shall be equivalent in fair market value and usefulness to
    15  the lands being alienated or converted.
    16    § 5. Upon the completion of construction of the sewer  facilities  the
    17  West  Ferry Office, LLC shall, in agreement with the town of Brookhaven,
    18  restore the surface of the lands described in section three of this  act
    19  and such lands shall continue to be used for park purposes.
    20    § 6. This act shall take effect immediately.