S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5210
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. L. MILLER -- read once and referred to the
   Committee on Local Governments
 
 AN ACT authorizing the alienation of certain parklands in  the  town  of
   Hempstead, county of Nassau
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding section 2 of chapter 325  of  the  laws  of
 1920,  subject  to the provisions of this act, the town of Hempstead, in
 the county of Nassau, acting by and through its governing body and  upon
 such  terms and conditions as determined by such body, is hereby author-
 ized to discontinue as parklands and to sell and convey at  fair  market
 value the lands described in section three of this act, to Mott Develop-
 ment for the purpose of providing necessary land for the construction of
 planned residential structures.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the town of Hempstead shall dedi-
 cate the lands described  in  section  four  of  this  act  as  parkland
 provided  that  the town 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 are described as follows:
   All  that  piece  or parcel of property situated in Oceanside, Town of
 Hempstead, County of Nassau and State of New York shown  as  Section  54
 Block 322 Part of Lot 15 on the Nassau County Land the Tax Map and being
 more particularly described as follows:
   Beginning  at a point on the northerly line of Mott Street, said point
 being a distance of 632.56  feet  from  the  easterly  and  of  a  curve
 connecting  the  easterly line of Phillips Place with the northerly line
 of Mott Street;
   Thence North 12 degrees 02 minutes 21 seconds East a distance of 69.90
 feet to a point;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03424-01-9

 A. 5210                             2
 
   Thence South 3 degrees 56 minutes 00 seconds East a distance of  67.53
 feet to a point on the northerly line of Mott Street;
   Thence  South  87 degrees 02 minutes 40 seconds West along said line a
 distance of 19.16 feet to the point of beginning;
   Said parcel containing 647 square feet, and shall be conveyed  subject
 to all rights, easements, covenants and restrictions on record.
   §  4. Prior to the discontinuance and alienation of parkland described
 in section three of this act, the  town  of  Hempstead,  acting  by  and
 through  its  governing  body,  shall dedicate as parklands the property
 described as follows:
 All that piece or parcel of property  situated  in  Oceanside,  Town  of
 Hempstead,  County  of  Nassau and State of New York shown as Section 54
 Block 322 Part of Lot 6 on the Nassau County Land the Tax Map and  being
 more particularly described as follows:
 Beginning  at  a  point on the northerly line of Mott Street, said point
 being a distance of 418.80  feet  from  the  easterly  and  of  a  curve
 connecting  the  easterly line of Phillips Place with the northerly line
 of Mott Street;
 Thence North 37 degrees 16 minutes 40 seconds East a distance  of  65.46
 feet to a point;
 Thence  South  59 degrees 17 minutes 07 seconds East a distance of 10.57
 feet to a point;
 Thence South 37 degrees 16 minutes 40 seconds West a distance  of  57.79
 feet to a point on the northerly line of Mott Street;
 Thence  South  87  degrees  02 minutes 40 seconds West along said line a
 distance of 13.75 feet to the point of beginning
 Said parcel containing 647 square feet
   § 5. In the event that the parklands described in section four of this
 act to be acquired and dedicated by the town of  Hempstead  pursuant  to
 this  act  are  not  equal to or greater than the parklands described in
 section three of this act being alienated, the town of  Hempstead  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 Hempstead 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 parklands author-
 ized by the provisions of section three of  this  act  shall  not  occur
 until  the  town of Hempstead has complied with any federal requirements
 pertaining to the alienation or conversion of such parklands,  including
 satisfying  the secretary of the interior that the alienation or conver-
 sion 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 usefulness to the lands being alien-
 ated or converted.
   § 7. This act shall take effect immediately.