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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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--A
            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

        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 Hampton Bays in the town of Southampton, county of Suffolk and
    16  state of New York, said parcel being particularly bounded and  described
    17  as  follows: Beginning at a point on the southerly side of Montauk High-
    18  way said point being situate South 67 deg. 17 min. 10  sec.  West  98.11
    19  feet  from  an  angle  point  in  the southerly side of Montauk Highway;
    20  running thence along the westerly side of land now or  formerly  Miajax,
    21  LLC.  South 05 deg. 44 min. 03 sec. East 396.64 feet to a point; running
    22  thence through land now or formerly Town of Southampton South 84 deg. 16

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10322-03-1

        S. 5985--A                          2

     1  min. 06 sec. West 152.90 feet to a point on the easterly  side  of  land
     2  now  or formerly Montauk 24 Realty, LLC.; running thence along the east-
     3  erly side of land now or Montauk 24 Realty, LLC. North 06 deg.  05  min.
     4  50  sec.  West  349.28  feet  to  the southerly side of Montauk Highway;
     5  running thence along the southerly side of Montauk Highway North 67 deg.
     6  17 min.  08 sec. East 162.18 feet to the Point or  Place  of  beginning.
     7  Total parcel size is 1.32 acres.
     8    §  4.  Prior  to  the  discontinuance  and alienation of the parklands
     9  described in section three of this act, the town  of  Southampton  shall
    10  dedicate as parklands such land described as follows:
    11    ALL that certain plot, piece or parcel of land, with the buildings and
    12  improvements  thereon  erected,  situate,  lying and being at Shinnecock
    13  Hills, in the Town of Southampton, County of Suffolk and  State  of  New
    14  York  and  known  and designated on a certain map entitled, "Amended Map
    15  "A" Westerly Part of Shinnecock Hills, Jere  Johnson  Jr.  Co.,  Selling
    16  Agents,  193  Montague Street, Brooklyn, New York situate in the Town of
    17  Southampton, Long Island, Suffolk  County,  N.Y."  made  from  plan  for
    18  subdivision  of  part  of  Shinnecock Hills as made by Olmsted Bros. and
    19  Downing Vaux, dated 1907 and from actual surveys by Wallace  H.  Halsey,
    20  Professional  Engineer  and  Land  Surveyor,  Southampton, New York, and
    21  filed in the Office of the Clerk of the County of Suffolk as Map 213  on
    22  October  22,  1925  as  and by Lot 1, Lot 2, Lot 9, and Part of Lot 8 in
    23  Block 111, and being more particularly bounded and described as follows:
    24    BEGINNING at a point on the Northwesterly side of Hillover Road at the
    25  division line between the within described  premises  and  land  now  or
    26  formerly  Frederick  A.  and  Margaret  Proper where same intersects the
    27  Northwesterly side of Hillover Road;
    28    RUNNING THENCE along the Northwesterly side of Hillover Road South, 61
    29  deg. 46' 40" West, 224.75 feet to other land now or formerly Victoria G.
    30  Newman;
    31    THENCE the following four courses and distances along other  land  now
    32  or formerly Victoria G. Newman:
    33    1) North 28 deg. 13' 20" West, 224.95 feet;
    34    2) North 88 deg. 28' 14" West, 130.29 feet;
    35    3) South 78 deg. 27' 00" West, 147.59 feet;
    36    4)  North  80  deg. 09' 40" West, 210.00 feet; to the easterly side of
    37  South Valley Road;
    38    THENCE the following two courses and distances along the Easterly side
    39  of South Valley Road:
    40    1) North 8 deg. 00' 20" East, 325.21 feet;
    41    2) Along an arc of curve bearing to the left whose radius  is  1350.26
    42  feet a distance of 389.63 feet to the extreme Southerly end of an arc of
    43  curve  connecting the easterly side of South Valley Road with the South-
    44  erly side of Canoe Place Road;
    45    RUNNING THENCE along said last mentioned arc of curve bearing  to  the
    46  right  whose radius is 35.00 feet a distance of 77.02 feet to a point on
    47  the Southerly side of Canoe Place Road;
    48    THENCE the following two courses and  distances  along  the  Southerly
    49  side of Canoe Place Road:
    50    1) South 62 deg. 07' 30" East, 276.13 feet;
    51    2)  North  68  deg.  16' 30" East, 533.49 feet to land now or formerly
    52  Gerald M. & Eden W. Rafshoon
    53    THENCE the following two courses  and  distances  along  land  now  or
    54  formerly Gerald M. & Eden W. Rafshoon and another:
    55    1) South 7 deg. 34' 10" West, 584.99 feet;

        S. 5985--A                          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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