Bill Text: NY S05985 | 2021-2022 | General Assembly | Amended


Bill Title: Authorizes the town of Southampton, county of Suffolk to alienate certain parcels of land used as parkland.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-10-08 - SIGNED CHAP.470 [S05985 Detail]

Download: New_York-2021-S05985-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5985--B
            Cal. No. 1349

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 25, 2021
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee discharged and said bill committed to the Committee on Rules
          --  ordered to a third reading, amended and ordered reprinted, retain-
          ing its place in the order of  third  reading  --  again  amended  and
          ordered reprinted, retaining its place in the order of third reading

        AN  ACT authorizing the town of Southampton, county of Suffolk to alien-
          ate certain parcels of land used as parkland

          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, the town of South-
     2  ampton, county of Suffolk, acting by and through its governing body  and
     3  upon  such  terms  and  conditions as determined by such body, is hereby
     4  authorized to  discontinue  as  parklands  and  to  alienate  the  lands
     5  described  in  section  three  of this act to extend Good Ground Road to
     6  create an intersection.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only upon the condition that the town of Southampton dedicate
     9  the lands described in section four of this act as  parklands,  provided
    10  that  the  town of Southampton has never used such lands for public open
    11  space or park purposes.
    12    § 3. The parklands authorized by section one of this act to be  alien-
    13  ated are more particularly described as follows:
    14    ALL  THAT  CERTAIN  PLOT,  PIECE OR PARCEL OF LAND, situate, lying and
    15  being in the Town of Southampton, at Hampton Bays, county of Suffolk and
    16  state of New York being  more  particularly  bounded  and  described  as
    17  follows: Beginning at a point on the southerly side of Montauk Highway a
    18  distance  of  107.13  feet from a point on the northerly side of Montauk
    19  Highway where the easterly side of  Riverhead-Hampton  Bays  Road  would
    20  intersect  if  said road were extended in a southerly direction and from
    21  said point of beginning; Running thence  along  the  southerly  side  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10322-05-1

        S. 5985--B                          2

     1  Montauk Highway North 67 deg. 17 min. 10 sec.  East a distance of 162.18
     2  feet;  Running  thence  South 05 deg. 44 min. 03 sec. East a distance of
     3  853.24 feet; Running thence South  76  deg.  33  min.  10  sec.  West  a
     4  distance of 151.24 feet (deed) South 76 deg. 34 min. 20 sec. West 151.26
     5  feet  (actual);  Running  thence  North  06  deg. 05 min. 50 sec. West a
     6  distance of 826.19 feet (deed) 826.14 feet  (actual)  to  the  southerly
     7  side  of  Montauk  Highway  and  the point or place of Beginning.  Total
     8  parcel size is 2.9 acres.
     9    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    10  described  in  section  three of this act, the town of Southampton shall
    11  dedicate as parklands such land described as follows:
    12    ALL that certain plot, piece or parcel of land, with the buildings and
    13  improvements thereon erected, situate, lying  and  being  at  Shinnecock
    14  Hills,  in  the  Town of Southampton, County of Suffolk and State of New
    15  York and known and designated on a certain map  entitled,  "Amended  Map
    16  "A"  Westerly  Part  of  Shinnecock Hills, Jere Johnson Jr. Co., Selling
    17  Agents, 193 Montague Street, Brooklyn, New York situate in the  Town  of
    18  Southampton,  Long  Island,  Suffolk  County,  N.Y."  made from plan for
    19  subdivision of part of Shinnecock Hills as made  by  Olmsted  Bros.  and
    20  Downing  Vaux,  dated 1907 and from actual surveys by Wallace H. Halsey,
    21  Professional Engineer and Land  Surveyor,  Southampton,  New  York,  and
    22  filed  in the Office of the Clerk of the County of Suffolk as Map 213 on
    23  October 22, 1925 as and by Lot 1, Lot 2, Lot 9, and Part  of  Lot  8  in
    24  Block 111, and being more particularly bounded and described as follows:
    25    BEGINNING at a point on the Northwesterly side of Hillover Road at the
    26  division  line  between  the  within  described premises and land now or
    27  formerly Frederick A. and Margaret  Proper  where  same  intersects  the
    28  Northwesterly side of Hillover Road;
    29    RUNNING THENCE along the Northwesterly side of Hillover Road South, 61
    30  deg. 46' 40" West, 224.75 feet to other land now or formerly Victoria G.
    31  Newman;
    32    THENCE  the  following four courses and distances along other land now
    33  or formerly Victoria G. Newman:
    34    1) North 28 deg. 13' 20" West, 224.95 feet;
    35    2) North 88 deg. 28' 14" West, 130.29 feet;
    36    3) South 78 deg. 27' 00" West, 147.59 feet;
    37    4) North 80 deg. 09' 40" West, 210.00 feet; to the  easterly  side  of
    38  South Valley Road;
    39    THENCE the following two courses and distances along the Easterly side
    40  of South Valley Road:
    41    1) North 8 deg. 00' 20" East, 325.21 feet;
    42    2)  Along  an arc of curve bearing to the left whose radius is 1350.26
    43  feet a distance of 389.63 feet to the extreme Southerly end of an arc of
    44  curve connecting the easterly side of South Valley Road with the  South-
    45  erly side of Canoe Place Road;
    46    RUNNING  THENCE  along said last mentioned arc of curve bearing to the
    47  right whose radius is 35.00 feet a distance of 77.02 feet to a point  on
    48  the Southerly side of Canoe Place Road;
    49    THENCE  the  following  two  courses and distances along the Southerly
    50  side of Canoe Place Road:
    51    1) South 62 deg. 07' 30" East, 276.13 feet;
    52    2) North 68 deg. 16' 30" East, 533.49 feet to  land  now  or  formerly
    53  Gerald M. & Eden W. Rafshoon
    54    THENCE  the  following  two  courses  and  distances along land now or
    55  formerly Gerald M. & Eden W. Rafshoon and another:
    56    1) South 7 deg. 34' 10" West, 584.99 feet;

        S. 5985--B                          3

     1    2) South 63 deg. 56' 50" East, 147.48 feet to  land  now  or  formerly
     2  Frederick A. & Margaret Proper;
     3    THENCE  along  land  now  or  formerly  Frederick A. & Margaret Proper
     4  South, 21 deg. 46' 10" West, 271.43 feet to the  Northwesterly  side  of
     5  Hillover  Road and the point or place of BEGINNING. Total parcel size is
     6  13.28 acres.
     7    § 5. In the event that the fair market value of the lands described in
     8  section four of this act to be dedicated as parklands  by  the  town  of
     9  Southampton  pursuant  to  this act are not equal to or greater than the
    10  fair market value of the parklands  to  be  alienated  as  described  in
    11  section  three  of  this act, the town of Southampton shall dedicate the
    12  difference of the fair market value of the lands to be alienated and the
    13  lands to be dedicated for the acquisition of additional parklands and/or
    14  capital improvements to existing park and recreational facilities.
    15    § 6. In the event that the town of Southampton  received  any  funding
    16  support  or  assistance  from  the  federal government for the purchase,
    17  maintenance or improvement of the parklands set forth in  section  three
    18  of  this act, the discontinuance and alienation of such parkland author-
    19  ized by the provisions of this act shall not occur  until  the  town  of
    20  Southampton has complied with any federal requirements pertaining to the
    21  alienation  or  conversion of parklands, including satisfying the secre-
    22  tary of the interior that the alienation or conversion complies with all
    23  conditions which the secretary of the interior deems necessary to assure
    24  the substitution of other lands shall be equivalent in fair market value
    25  and usefulness to the lands being alienated or converted.
    26    § 7. This act shall take effect immediately.
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