NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6726A
SPONSOR: Curran
 
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the county of Nassau to alienate and sell parts of Milburn
Pond Park to Lakeside Inn, Inc. and to dedicate certain other lands as
parkland within Milburn Pond Park.
 
SUMMARY OF PROVISIONS:
Section 1 authorizes the county of Nassau to discontinue parkland to
Lakeside Inn, Inc. for residential improvements.
Section 2 provides that section 1 shall only be effective upon the
condition that Lakeside Inn, Inc. conveys land designated under section
4 to the county of Nassau.
Section 3 outlines the description of the parkland to be alienated by
the county of Nassau to Lakeside Inn, Inc. for residential improvements.
Section 4 outlines the description of the land to be conveyed by Lake-
side Inn, Inc. to the county of Nassau and dedicated as parkland.
Section 5 provides that if the land acquired by the county of Nassau
from section 4 should have a fair market value that is not equal to or
greater than the fair market value of the land alienated by
Section 3, then the county of Nassau 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 additional parklands and/or capital
improvements of existing parks and recreational facilities.
Section 6 provides that if the county of Nassau has received any funding
support or assistance from the federal government for the purchase,
maintenance, or improvement of the land outlined in section 3, this land
shall not be discontinued and alienated until the county of Nassau has_
complied with any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying all conditions that the
secretary of the interior deems necessary to assure the substitution of
other lands shall be equivalent in fair market value and usefulness of
the land being alienated or converted.
Section 7 contains the enacting clause.
 
JUSTIFICATION:
This legislation transfers ownership of parts of Milburn Pond Park from
the county of Nassau to the Lakeside Inn, Inc. for the purpose of resi-
dential improvements. Through these residential improvements, Lakeside
Inn, Inc. would be able to make necessary modifications to expand their
Coral House venue in the Town of Baldwin. With this expansion, Lakeside
Inn, Inc. will also convey land back to the county of Nassau for the
Milburn'Pond Park. This expansion of the Coral Restaurant would allow
more local employment opportunities and further encourage local business
development and local engagement within the county of Nassau.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
6726--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT authorizing the county of Nassau to alienate and sell parklands
to Lakeside Inn, Inc.
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 county of
2 Nassau, acting by and through its governing body and upon such terms and
3 conditions as determined by such body is hereby authorized to discontin-
4 ue as parklands and alienate the lands more particularly described in
5 section three of this act to Lakeside Inn, Inc., for the purpose of
6 residential improvements.
7 § 2. The authorization provided in section one of this act shall be
8 effective only upon the condition that Lakeside Inn, Inc., convey to the
9 county of Nassau, and that the county of Nassau acquire and dedicate the
10 lands described in section four of this act as parklands, provided that
11 the county of Nassau has never used such lands for public open space or
12 park purposes.
13 § 3. The parklands authorized by section one of this act to be alien-
14 ated are described as follows:
15 PARCEL A
16 All that certain plot, piece or parcel of land, situate, lying and
17 being in the Town of Baldwin, Nassau County, State of New York, and
18 bounded and described by the following:
19 Beginning at a point at the end of the following continuous two cours-
20 es and distances from the corner formed by the intersection of the
21 southerly side of Lakeside Place and the easterly side of Milburn
22 Avenue;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11014-02-3
A. 6726--A 2
1 (1) Southerly along the easterly side of Milburn Avenue from the
2 corner formed by the intersection of the southerly side of Lakeside
3 Place and the easterly side of Milburn Avenue 688.84 feet.
4 (2) South 79 degrees 44 minutes East 159.13 feet to a point, said
5 point being South 25 degrees 48 minutes West 110.45 feet from a copper
6 plug in concrete, and said point being the point or place of beginning;
7 Thence running South 79 degrees 44 minutes East 3.84 feet to a point;
8 Thence South 26 degrees 45 minutes 18 seconds West 36.53 feet to a
9 point;
10 Thence north 65 degrees 20 minutes 07 seconds West 3.09 feet to a
11 point; said point being North 25 degrees 48 minutes East 249.05 feet
12 from a stone monument;
13 Thence North 25 degrees 48 minutes East 35.56 feet to the point or
14 place of beginning.
15 Containing a total of approximately 122 sq. ft or 0.0028 acres, more
16 or less.
17 PARCEL B
18 All that certain plot, piece or parcel of land, situate, lying and
19 being in the Town of Baldwin, Nassau County, State of New York, and
20 bounded and described by the following:
21 Beginning at a point at the end of the following continuous three
22 courses and distances from the corner formed by the intersection of the
23 southerly side of Lakeside Place and the easterly side of Milburn
24 Avenue:
25 (1) Southerly along the easterly side of Milburn Avenue from the
26 corner formed by the intersection of the southerly side of Lakeside
27 Place and the easterly side of Milburn Avenue 688.84 feet.
28 (2) South 79 degrees 44 minutes East 159.13 feet.
29 (3) South 25 degrees 48 minutes West 165.47 feet to a point, said
30 point being South 25 degrees 48 minutes West 275.92 feet from a copper
31 plug in concrete and said point being the point or place of beginning;
32 thence running South 21 degrees 39 minutes West 24.04 feet to a point;
33 thence South 25 degrees 42 minutes 02 seconds West 64.24 feet to a
34 point;
35 thence South 29 degrees 13 minutes 41 seconds West 30.97 feet to a
36 point, said point being a stone monument South 80 degrees 57 minutes
37 East 53.92 feet from the easterly side of Milburn Avenue;
38 thence North 25 degrees 48 minutes East 119.14 feet to the point or
39 place of beginning.
40 Containing a total of approximately 165 sq. ft. or 0.0038 acres, more
41 or less.
42 § 4. Prior to the discontinuation and alienation of the parklands
43 described in section three of this act, Lakeside Inn, Inc., shall convey
44 to the county of Nassau and the county of Nassau shall acquire and dedi-
45 cate as parklands such land described as follows:
46 All that certain plot, piece or parcel of land, situate, lying and
47 being in the Town of Baldwin, Nassau County, State of New York, and
48 bounded and described by the following:
49 Beginning at a point at the end of the following continuous three
50 courses and distances from the corner formed by the intersection of the
51 southerly side of Lakeside Place and the easterly side of Milburn
52 Avenue:
53 (1) Southerly along the easterly side of Milburn Avenue from the
54 corner formed by the intersection of the southerly side of Lakeside
55 Place and the easterly side of Milburn Avenue 688.84 feet.
56 (2) South 79 degrees 44 minutes East 159.13 feet.
A. 6726--A 3
1 (3) South 25 degrees 48 minutes West 35.56 feet to a point, said point
2 being South 25 degrees 48 minutes West 146.01 feet from a copper plug in
3 concrete and said point being the point or place of beginning;
4 Thence running South 25 degrees 48 minutes West 129.91 feet to a
5 point, said point being North 25 degrees 48 minutes East 119.14 feet
6 from a stone monument;
7 Thence North 21 degrees 39 minutes East 35.02 feet to a point;
8 Thence North 17 degrees 03 minutes 21 seconds East 36.38 feet to a
9 point;
10 Thence South 72 degrees 52 minutes 25 seconds East 7.13 feet to a
11 point;
12 Thence North 26 degrees 12 minutes 34 seconds East 57.94 feet to a
13 point;
14 Thence South 65 degrees 20 minutes 07 seconds East 0.61 feet to the
15 point or place of beginning.
16 Containing a total of approximately 287 sq. ft. or 0.0066 acres, more
17 or less.
18 § 5. In the event that the fair market value of the parklands
19 described in section four of this act to be dedicated as parkland by the
20 county of Nassau pursuant to this act are not equal to or greater than
21 the fair market value of the parklands to be alienated as described in
22 section three of this act, the county of Nassau shall dedicate the
23 difference of the fair market value of the lands to be alienated and the
24 lands to be dedicated for the acquisition of additional parklands and/or
25 capital improvements to existing park and recreational facilities.
26 § 6. In the event that the county of Nassau received any funding
27 support or assistance from the federal government for the purchase,
28 maintenance or improvement of the parklands set forth in section three
29 of this act, the discontinuance and alienation of such parkland author-
30 ized by the provisions of this act shall not occur until Nassau county
31 has complied with any federal requirements pertaining to the alienation
32 or conversion of parklands, including satisfying the secretary of the
33 interior that the alienation or conversion complies with all conditions
34 which the secretary of the interior deems necessary to assure the
35 substitution of other lands shall be equivalent in fair market value and
36 usefulness to the lands being alienated or converted.
37 § 7. This act shall take effect immediately.