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A06726 Summary:

BILL NOA06726A
 
SAME ASSAME AS S09195
 
SPONSORCurran
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the county of Nassau to alienate and sell parklands to Lakeside Inn, Inc.
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A06726 Actions:

BILL NOA06726A
 
05/08/2023referred to local governments
06/05/2023amend and recommit to local governments
06/05/2023print number 6726a
01/03/2024referred to local governments
06/03/2024reference changed to ways and means
06/06/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.487
06/06/2024ordered to third reading rules cal.487
06/06/2024home rule request
06/06/2024passed assembly
06/06/2024delivered to senate
06/07/2024REFERRED TO RULES
06/07/2024SUBSTITUTED FOR S9195
06/07/20243RD READING CAL.1912
06/07/2024PASSED SENATE
06/07/2024RETURNED TO ASSEMBLY
09/20/2024delivered to governor
09/20/2024signed chap.318
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A06726 Memo:

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.
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A06726 Text:



 
                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.
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