Authorizes the town of Southampton, county of Suffolk, to alienate certain parklands for the purpose of installing an algae skimmer in Lake Agawam, and to replace such alienated parkland with a new, dedicated parkland.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7647
SPONSOR: Thiele TITLE OF BILL:
An act authorizing the town of Southampton, county of Suffolk, to alien-
ate certain parklands for the purpose of installing an algae skimmer in
Lake Agawam, and to replace such alienated parkland with a new, dedi-
cated parkland
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the town of Southampton, county of Suffolk, to alienate
certain parklands for the purpose of installing an algae skimmer in Lake
Agawam, and to replace such alienated parkland with a new, dedicated
parkland.
SUMMARY OF PROVISIONS:
Section 1. Authorizes the town of Southampton, acting by and through its
governing body, to discontinue as parklands and alienate lands known as
the "Doscher" parcel in the village of Southampton, for the purpose of
installing an algae skimmer to assist with the removal of blue-
green.algae in Lake Agawam.
Section 2. Provides that the town of Southampton's authorization to
discontinue as parkland and alienate lands known as the "Doscher"
parcel, in the village of Southampton, will only be effective if the
parcel of land located at 137 Pond Lane in the village of Southampton is
dedicated as parkland and that the Town of Southampton has never used
such lands for public open space or park purposes.
Section 3. Describes the metes and bounds of the 1.6 acres of the
"Doscher" parcel to be alienated in the village of Southampton.
Section 4. Describes the metes and bounds of 137 Pond Lane in the
village of Southampton, consisting of 5.6205 acres, that shall be dedi-
cated as parkland by the town of Southampton.
Section 5. Provides that in the event that the fair market value of the
dedicated parklands are not equal to or greater than the fair market
value of the alienated parklands, the town. of Southampton shall dedi-
cate the difference for the aquisiotn of additional parklands and/or
capital improvements to existing park and recreational facilities.
Section 6. Provides that the town of Southampton shall comply with
federal requirements pertaining to the alienation or conversion of park-
lands if they received any federal funding for the purchase, maintenance
or improvement of the alienated parkland to assure the substitution of
other lands shall be equivalent in fair market value and usefulness to
the lands being alienated or converted.
Section 7. Immediate Effective Date
JUSTIFICATION:
This legislation is necessary to allow the village of Southampton to
move forward with utilizing the parcel known as "Doscher" for the water
quality purpose of installing an algae skimmer to assist with the ongo-
ing blue-green algae issue at Lake Agawam.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7647
2023-2024 Regular Sessions
IN ASSEMBLY
May 26, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT authorizing the town of Southampton, county of Suffolk, to alien-
ate certain parklands for the purpose of installing an algae skimmer
in Lake Agawam, and to replace such alienated parkland with a new,
dedicated 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, acting by and through its governing body and upon such terms and
3 conditions as determined by such board is hereby authorized to discon-
4 tinue as parklands and alienate the lands described in section three of
5 this act for the purpose of installing an algae skimmer to assist with
6 the removal of blue-green algae in Lake Agawam.
7 § 2. The authorization provided for in section one of this act shall
8 be effective only upon the condition that the town of Southampton dedi-
9 cates the lands described in section four of this act as parkland,
10 provided that the town of Southampton has never used such lands for
11 public open space or park purposes.
12 § 3. The parklands authorized by section one of this act to be alien-
13 ated consist of 1.6 acres and are described as follows:
14 All that certain, piece or parcel of land situate, lying and being in
15 the Incorporated Village of Southampton, Town of Southampton, County of
16 Suffolk and State of New York, being more particularly bounded and
17 described as follows:
18 Beginning at a point on the easterly line of the property being
19 described, said point being the following four courses and distances
20 from the point formed by the intersection of the southerly line of Jobs
21 Lane and the westerly line of South Main Street:
22 1. South 07° 22' 00" East for a distance of 395.80 feet;
23 2. South 84° 30' 40" West for a distance of 145.93 feet;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11582-01-3
A. 7647 2
1 3. South 57° 17' 10" West for a distance of 82.02 feet;
2 4. South 59° 17' 40" West for a distance of 214.67 feet to the point
3 or place of beginning;
4 Running thence from the point of beginning along the land now or
5 formerly of Johnson Navarre Properties, LLC South 33° 07' 40" East for a
6 distance of 130.04 feet to a point and the land now or formerly of Karl
7 Krieger;
8 Running thence along the land now or formerly of Karl Krieger and the
9 land now or formerly of 71 South Main Street Southampton, LLC South 57°
10 03' 50" West for a distance of 385.07 feet to a point and tie line along
11 the average high water of Lake Agawam (as measured on March 30, 2006);
12 Running thence along said tie line North 18° 50' 30" West for a
13 distance of 12.34 feet to a point and the land now or formerly of
14 Village of Southampton;
15 Running thence along the land now or formerly of Village of Southamp-
16 ton the following courses and distances:
17 1. North 58° 34' 00" East for a distance of 47.94 feet;
18 2. North 14° 24' 30" West for a distance of 224.18 feet;
19 3. North 61° 21' 40" East for a distance of 77.11 feet;
20 4. North 61° 17; 00" East for a distance of 179.41 feet to a point and
21 the land now of formerly of Johnson Navarre Properties, LLC;
22 Running thence along the land now or formerly of Johnson Navarre Prop-
23 erties, LLC South 33° 07' 40" East for a distance of 93.22 to the point
24 of place of beginning. Said parcel containing 69,989 square feet or
25 1.607 acres.
26 § 4. Prior to the discontinuance and alienation of the parkland
27 described in section three of this act, the town of Southampton shall
28 dedicate as parkland such land consisting of 5.6205 acres described as
29 follows:
30 All that certain, piece or parcel of land situate, lying and being in
31 the Incorporated Village of Southampton, Town of Southampton, County of
32 Suffolk and State of New York, being known as Lot No.4 on a certain
33 subdivision map titled Subdivision Map of FHW Limited Partnership LTD,
34 said subdivision map being filed in the Office of the Suffolk County
35 Clerk on December 05, 2008 as Map No. 11665 and said Lot No. 4 being
36 more particularly bounded and described as follows:
37 Beginning at a point along the westerly line of Pond Lane said point
38 being situate the following two courses and distances from the point
39 formed by the intersection of the westerly line of Pond Lane with south-
40 erly line of Culver Street:
41 1. South 01° 24' 10" East, 655.41 feet;
42 2. South 12° 22' 15" East, 180.32 feet;
43 Running thence along the west line of Pond Lane the following two
44 courses and distances:
45 1. South 12° 22' 15" East 89.00 feet to a concrete monument;
46 2. South 09° 23' 40" East 344.44 feet to Lot 5 of said map;
47 Thence along Lot 5 of said map North 80° 36' 20" West 578.28 feet to
48 the land now or formerly of Chips Chapman Page Revocable Trust;
49 Thence along the land now or formerly of Chips Chapman Page Revocable
50 Trust and the land now or formerly of Valerie Rocks North 00° 56' 50"
51 East 56.87 feet to a concrete monument;
52 Thence along the land now or formerly of Valerie Rooks and Lot 1 of
53 said map North 11° 22' 43" East, 334.73 feet to Lot 2 of said map;
54 Thence along 2 of said map the following two courses and distances:
55 1. South 78° 17' 07" East, 131.31 feet;
56 2. North 11° 42' 53" East, 58.22 feet to Lot 3 of said map;
A. 7647 3
1 Thence along Lot 3 of said map South 78° 17' 07" East 408.83 feet to
2 the point or place of beginning. Said parcel containing 244,830 square
3 feet or 5.6205 acres.
4 § 5. In the event that the fair market value of the parklands
5 described in section four of this act to be dedicated by the town of
6 Southampton pursuant to this act are not equal to or greater than the
7 fair market value of the parklands to be alienated as described in
8 section three of this act, the town of Southampton shall dedicate the
9 difference of the fair market value of the lands to be alienated and the
10 lands to be dedicated for the acquisition of additional parklands and/or
11 capital improvements to existing park and recreational facilities.
12 § 6. In the event that the town of Southampton received any funding
13 support or assistance from the federal government for the purchase,
14 maintenance or improvement of the parklands set forth in section three
15 of this act, the discontinuance and alienation of such parkland author-
16 ized by the provisions of this act shall not occur until the town of
17 Southampton has complied with any federal requirements pertaining to the
18 alienation or conversion of parklands, including satisfying the secre-
19 tary of the interior that the alienation or conversion complies with all
20 conditions which the secretary of the interior deems necessary to assure
21 the substitution of other lands shall be equivalent in fair market value
22 and usefulness to the lands being alienated or converted.
23 § 7. This act shall take effect immediately.
