S T A T E   O F   N E W   Y O R K
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    S. 4374                                                  A. 7728

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 22, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. ALESSI -- read once and referred
  to the Committee on Local Governments

AN ACT in relation to  authorizing  the  town  of  Southold,  county  of
  Suffolk to discontinue the use of certain lands as parklands

  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  but  notwithstanding
any  provision  of  law to the contrary, the town of Southold, county of
Suffolk is hereby authorized, acting by and through its town  board  and
upon  such  terms and conditions as determined by such legislative body,
to discontinue the use of the municipally owned  parkland  more  partic-
ularly  described in section three of this act which is no longer needed
for park purposes.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only upon the condition that the town of Southold dedicate an
amount equal to or greater than the fair market value  of  the  property
being  alienated by this act for the acquisition of additional parklands
and/or for capital improvements to existing park and recreational facil-
ities.
  S 3. The lands authorized by this act to be discontinued as  parklands
are as follows:
  All  that  certain  piece or parcel of land situate near the Hamlet of
Mattituck, Town of Southold,  Suffolk  County,  New  York,  bounded  and
described  as follows: BEGINNING at a point on the southerly line of New
Suffolk Avenue at  the  northwesterly  corner  of  the  premises  hereby
conveyed,  being  the  northeasterly  corner  of  land  of Maurice King;
running thence along said southerly line of New Suffolk Avenue about six

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06055-01-9
              

S. 4374                             2                            A. 7728

hundred ninety-four (694) feet to the westerly line of  a  certain  open
right  of  way,  twenty-five  (25) feet in width; thence southerly along
said westerly line of said right of way about one thousand  two  hundred
ninety-five  (1295)  feet  to land formerly of H.R. Gildersleeve; thence
westerly along said  land  formerly  of  H.R.  Gildersleeve  about  five
hundred  (500)  feet;  thence southerly along said land formerly of H.R.
Gildersleeve about four hundred ninety (490) feet; thence easterly along
said land formerly of H.R. Gildersleeve about four hundred  sixty  (460)
feet  to  the westerly line of said right of way; thence southerly along
the westerly line of said right of way about one  hundred  eighty  (180)
feet  to  the  land  now  or  formerly of Carrie H. Tuthill; thence in a
general southerly direction along said land now or formerly of Carrie H.
Tuthill, and partly along an old roadway, partly along the center  of  a
meadow, and partly along a gutter or creek through the meadow, to meadow
land  formerly  of  Phebe  M.  Hollister;  thence along said meadow land
formerly of Phebe M. Hollister and along  a  certain  gutter  or  creek,
westerly and then southerly to the main gutter or creek leading to Great
Peconic  Bay;  thence  along  said  main  gutter  or  creek in a general
northwesterly direction and then in a  general  northerly  direction  to
said Land of Maurice E. King; thence easterly along said land of Maurice
H.  King about six hundred fifty (650) feet; thence northerly along said
land of Maurice H. King about one thousand nine (1009) feet to the point
of beginning.
  S 4. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this  act shall not occur until the town of Southold has
complied with any federal or state requirements pertaining to the alien-
ation or conversion of parklands.
  S 5. This act shall take effect immediately.