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S05819 Summary:

BILL NOS05819B
 
SAME ASSAME AS A07649-B
 
SPONSORKAMINSKY
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the alienation of certain parklands in the town of Hempstead, county of Nassau and the sale of such parkland for fair market value.
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S05819 Actions:

BILL NOS05819B
 
05/02/2017REFERRED TO LOCAL GOVERNMENT
05/09/2017AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/09/2017PRINT NUMBER 5819A
01/03/2018REFERRED TO LOCAL GOVERNMENT
06/07/2018AMEND AND RECOMMIT TO LOCAL GOVERNMENT
06/07/2018PRINT NUMBER 5819B
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S05819 Memo:

Memo not available
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S05819 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5819--B
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       May 2, 2017
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- recommitted to the Committee on Local
          Government in accordance with Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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:
 
     1    Section  1.  Notwithstanding  section  2 of chapter 325 of the laws of
     2  1920, subject to the provisions of this act, the town of  Hempstead,  in
     3  the  county of Nassau, acting by and through its governing body and upon
     4  such terms and conditions as determined by such body, is hereby  author-
     5  ized  to  discontinue as parklands and to sell and convey at fair market
     6  value the lands described in section three of this act, to Mott Develop-
     7  ment for the purpose of providing necessary land for the construction of
     8  planned residential structures.
     9    § 2. The authorization provided in section one of this  act  shall  be
    10  effective only upon the condition that the town of Hempstead shall dedi-
    11  cate  the  lands  described  in  section  four  of  this act as parkland
    12  provided that the town has never used such lands for public  open  space
    13  or park purposes.
    14    §  3. The parklands authorized by section one of this act to be alien-
    15  ated are described as follows:
    16    All that piece or parcel of property situated in  Oceanside,  Town  of
    17  Hempstead,  County  of  Nassau and State of New York shown as Section 54
    18  Block 322 Part of Lot 15 on the Nassau County Land the Tax Map and being
    19  more particularly described as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11087-06-8

        S. 5819--B                          2
 
     1    Beginning at a point on the northerly line of Mott Street, said  point
     2  being  a  distance  of  632.56  feet  from  the  easterly and of a curve
     3  connecting the easterly line of Phillips Place with the  northerly  line
     4  of Mott Street;
     5    Thence North 12 degrees 02 minutes 21 seconds East a distance of 69.90
     6  feet to a point;
     7    Thence  South 3 degrees 56 minutes 00 seconds East a distance of 67.53
     8  feet to a point on the northerly line of Mott Street;
     9    Thence South 87 degrees 02 minutes 40 seconds West along said  line  a
    10  distance of 19.16 feet to the point of beginning;
    11    Said  parcel containing 647 square feet, and shall be conveyed subject
    12  to all rights, easements, covenants and restrictions on record.
    13    § 4. Prior to the discontinuance and alienation of parkland  described
    14  in  section  three  of  this  act,  the town of Hempstead, acting by and
    15  through its governing body, shall dedicate  as  parklands  the  property
    16  described as follows:
    17  All  that  piece  or  parcel  of property situated in Oceanside, Town of
    18  Hempstead, County of Nassau and State of New York shown  as  Section  54
    19  Block  322 Part of Lot 6 on the Nassau County Land the Tax Map and being
    20  more particularly described as follows:
    21  Beginning at a point on the northerly line of Mott  Street,  said  point
    22  being  a  distance  of  418.80  feet  from  the  easterly and of a curve
    23  connecting the easterly line of Phillips Place with the  northerly  line
    24  of Mott Street;
    25  Thence  North  37 degrees 16 minutes 40 seconds East a distance of 65.46
    26  feet to a point;
    27  Thence South 59 degrees 17 minutes 07 seconds East a distance  of  10.57
    28  feet to a point;
    29  Thence  South  37 degrees 16 minutes 40 seconds West a distance of 57.79
    30  feet to a point on the northerly line of Mott Street;
    31  Thence South 87 degrees 02 minutes 40 seconds West  along  said  line  a
    32  distance of 13.75 feet to the point of beginning
    33  Said parcel containing 647 square feet
    34    § 5. In the event that the parklands described in section four of this
    35  act  to  be  acquired and dedicated by the town of Hempstead pursuant to
    36  this act are not equal to or greater than  the  parklands  described  in
    37  section  three  of this act being alienated, the town of Hempstead shall
    38  dedicate the difference of the fair market value  of  the  lands  to  be
    39  alienated  and  the  lands  to be dedicated for the acquisition of addi-
    40  tional parklands and/or capital improvements to existing park and recre-
    41  ational facilities.
    42    § 6. In the event that the town  of  Hempstead  received  any  funding
    43  support  or  assistance  from  the  federal government for the purchase,
    44  maintenance or improvement of the parklands set forth in  section  three
    45  of this act, the discontinuance and alienation of such parklands author-
    46  ized  by  the  provisions  of  section three of this act shall not occur
    47  until the town of Hempstead has complied with any  federal  requirements
    48  pertaining  to the alienation or conversion of such parklands, including
    49  satisfying the secretary of the interior that the alienation or  conver-
    50  sion  complies  with  all conditions which the secretary of the interior
    51  deems necessary to assure the  substitution  of  other  lands  shall  be
    52  equivalent in fair market value and usefulness to the lands being alien-
    53  ated or converted.
    54    § 7. This act shall take effect immediately.
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