S T A T E O F N E W Y O R K
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S. 8385--A A. 10508--A
S E N A T E - A S S E M B L Y
May 4, 2018
___________
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 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and referred
to the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
ate certain parklands and to dedicate other 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, the town of Brookha-
ven, acting by and through its governing body and upon such terms and
conditions as determined by such body is hereby authorized to discontin-
ue as parkland and to alienate the lands described in section three of
this act for highway department purposes including the construction of a
shed.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the town of Brookhaven dedicate
the lands described in section four of this act as parklands; provided
that the town of Brookhaven has never used such lands for public open
space or park purposes.
§ 3. The parklands authorized by section one of this act to be alien-
ated as parklands is described as follows:
All that certain plot, piece, or parcel of land, situate, lying and
being in Shoreham, Town of Brookhaven, County of Suffolk, State of New
York, and being part of a Lot for Open Space on the "Survey of Proposed
Open Space, Middlecross Estates, Section 2" prepared by Henderson and
Bodwell and dated November 6, 1995, and also as shown on a map entitled
"Map 1 - Land Use Swap," prepared by L.K. McLean Associates, dated
September 25, 2017; said property being more particularly bounded and
described as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15488-04-8
S. 8385--A 2 A. 10508--A
Beginning at a point formed by the intersection of the easterly bound-
ary line of Ridge Road with the southerly boundary line of Radford
Street (not open); said point being the following two (2) bearing and
distances from the northerly terminus of a curve joining the said east-
erly boundary line of Ridge Road with the northerly boundary line of
Framingham Lane:
1. North 18° 16' 00" East, a distance of 107.21 feet to a point;
thence
2. North, 16° 41' 41" East, a distance of 444.33 feet to the point of
beginning;
Thence, from said point of beginning, South 88°21'40" East, along the
said southerly boundary line of Radford Street (not open), a distance of
119.69 feet to a point on the westerly boundary line of Portman Avenue
(not open);
Thence, South 1°38'20" West, along said westerly boundary line, a
distance of 193.13 feet to a point;
Thence, North 88°21'40" West, through the said Lot for Open Space, a
distance of 171.64 feet to a point on the first mentioned easterly boun-
dary line of Ridge Road;
Thence, North 16°41'41" East, along said easterly boundary line, a
distance of 200.00 feet to the point or place of beginning.
Subject parcel area being 28,133 square feet or 0.646 acre, more or
less.
Part of Suffolk County Tax Map No. 0200-125.00-05.00-001.001.
Subject to all rights, easements, covenants or restrictions of record.
§ 4. Prior to the discontinuance and alienation of the parklands
described in section three of this act, the town of Brookhaven shall
dedicate as parklands such land described as follows:
All that certain plot, piece, or parcel of land, situate, lying and
being in Shoreham, Town of Brookhaven, County of Suffolk, State of New
York, being known as Lots 833 through 840 inclusive, Lots 921 through
928 inclusive, Lots 953 through 957 inclusive, part of Portman Avenue
(not open) and part of Villa Street (not open) on a map entitled "Map of
Shoreham Heights Park, Section C" filed in the Suffolk County Clerk's
Office on February 13, 1908 as File Map No. 543, and also as shown on a
map entitled "Map 3 - Land Use Swap," prepared by L.K. Mclean Associ-
ates, dated September 25, 2017; said property being more particularly
bounded and described as follows:
Beginning at a point formed by the intersection of the proposed line
for land use conveyance with the westerly boundary line of Portman
Avenue (not open); said point being the following four (4) bearings and
distances from the northerly terminus of a curve joining the said east-
erly boundary line of Ridge Road with the northerly boundary line of
Framingham Lane:
1. North 18° 16' 00" East, along said easterly boundary line of Ridge
Road, a distance of 107.21 feet to a point; thence
2. North 16° 41' 41" East, continuing along said easterly boundary
line, a distance of 444.33 feet to a point in the southerly boundary
line of Radford Street (not open); thence
3. South 88° 21' 40" East, along said southerly boundary line, a
distance of 119.69 feet to a point on the first mentioned westerly boun-
dary line of Portman Avenue (not open); thence
4. South 1° 38' 20" West, along said westerly boundary line, a
distance of 193.13 feet to the point of beginning;
Thence, from said point of beginning, North 88° 21' 40" West, through
the bed of Portman Avenue (not open), a distance of 43.00 feet to a
S. 8385--A 3 A. 10508--A
point on the westerly boundary line of land now or formerly Union Free
School District No. 10;
Thence, along said westerly boundary line of Union Free School
District No. 10 the following two (2) bearings and distances:
1. South 1° 38' 20" West, a distance of 106.87 feet to a point;
2. South 88° 21' 40" East, a distance of 207.00 feet to a point on the
westerly boundary line of Pulaski Avenue (not open);
Thence, South 1° 38' 20" West, along said westerly boundary line, a
distance of 250.00 feet to a point on the northerly boundary line of Lot
29 on Map of Middlecross Estates, Section 3, filed February 8, 1996 in
the Suffolk County Clerk's Office as File Map No. 9803;
Thence, North 88° 21' 40" West, along said northerly boundary line, a
distance of 350.00 feet to a point on the easterly line of Lot 30 of
said File Map No. 9803;
Thence, North 1° 38' 20" East, along said easterly boundary line, a
distance of 250.00 feet to a point on the southerly boundary line of
land now or formerly of Town of Brookhaven (Open Space);
Thence, South 88° 21' 40" East, along said southerly boundary line, a
distance of 100.00 feet to a point on the easterly boundary line of said
land now or formerly of Town of Brookhaven (Open Space);
Thence, North 1° 38' 20" East, along said easterly boundary line, a
distance of 106.87 feet to the point or place of beginning.
Subject Parcel area being 92,085 square feet or 2.114 acres, more or
less.
Part of Suffolk County Tax Map Nos. 0200-125.00-02.00-046.001 and
046.002.
§ 5. In the event that the fair market value of the parklands
described in section four of this act to be dedicated as parklands by
the town of Brookhaven pursuant to this act are not equal to or greater
than the fair market value of the parklands described in section three
of this act being alienated as parklands, the town of Brookhaven 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 addi-
tional parklands and/or capital improvements to existing park and recre-
ational facilities.
§ 6. In the event that the town of Brookhaven 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 town of
Brookhaven has complied with any federal requirements pertaining to the
alienation or conversion of parklands, including satisfying the secre-
tary 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 recreational usefulness to the lands being alienated or converted.
§ 7. This act shall take effect immediately.
