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A10139 Summary:

BILL NOA10139A
 
SAME ASSAME AS S09332-A
 
SPONSORRules (Blumencranz)
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the town of Oyster Bay to discontinue as parklands and convey such parkland to the department of environmental conservation.
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A10139 Actions:

BILL NOA10139A
 
05/09/2024referred to local governments
06/03/2024amend and recommit to local governments
06/03/2024print number 10139a
06/06/2024reference changed to ways and means
06/07/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.649
06/07/2024substituted by s9332a
 S09332 AMEND=A MARTINS
 05/13/2024REFERRED TO LOCAL GOVERNMENT
 06/03/2024AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 06/03/2024PRINT NUMBER 9332A
 06/06/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2024ORDERED TO THIRD READING CAL.1862
 06/06/2024HOME RULE REQUEST
 06/06/2024PASSED SENATE
 06/06/2024DELIVERED TO ASSEMBLY
 06/06/2024referred to veterans' affairs
 06/07/2024substituted for a10139a
 06/07/2024ordered to third reading rules cal.649
 06/07/2024home rule request
 06/07/2024passed assembly
 06/07/2024returned to senate
 09/20/2024DELIVERED TO GOVERNOR
 09/20/2024SIGNED CHAP.330
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A10139 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10139A
 
SPONSOR: Rules (Blumencranz)
  TITLE OF BILL: An act in relation to authorizing the town of Oyster Bay to discontinue as parklands and convey such parkland to the department of environmental conservation   PURPOSE OR GENERAL IDEA OF BILL: Authorizes the town of Oyster Bay to discontinue as parklands and convey such parkland to the DEC   SUMMARY OF PROVISIONS: Section 1: The Town of Oyster Bay, upon consent, is hereby authorized to discontinue and convey town parkland. Section 2: This authorization shall be effective only if the department of environmental conservation convey to the Town of Oyster Bay, provided the lands have never been used for public open space or park purposes. Section 3: Describes the parcels of land conveyed by the Town of Oyster Bay this bill is applicable towards Section 4: Describes the parcels of land conveys by the DEC Section 5: The Town of Oyster Bay shall comply with any federal regu- lations, if applicable, before the discontinuance and alienation of such parkland Section 6: Sets the effective date   JUSTIFICATION: The Town of Oyster Bay contains parcels of land that were designated as parkland in 1987 that are no longer practical and effective as such. The lands are not used for public open space or park purposes but rather sit as vacant lots that the town has no control over. This bill would allow the Town of Oyster Bay to simply remove the designation and alienation of these spaces as parkland and allow them to be used for a more effec- tive purpose.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: N/A   EFFECTIVE DATE: This act shall take effect immediately
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A10139 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10139--A
 
                   IN ASSEMBLY
 
                                       May 9, 2024
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Blumencranz)
          --  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 in relation to authorizing the town of Oyster Bay to discontinue
          as parklands and convey such parkland to the  department  of  environ-
          mental conservation
 
          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  Oyster
     2  Bay acting through its governing body and upon such terms and conditions
     3  agreed  upon  by  the  town of Oyster Bay and the department of environ-
     4  mental conservation is hereby authorized to discontinue and convey  town
     5  parkland more particularly described in section three of this act to the
     6  department  of  environmental conservation for the purposes of providing
     7  public access to parkland.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only  upon the condition that the department of environmental
    10  conservation convey to the town of Oyster Bay, and the  town  of  Oyster
    11  Bay acquire and dedicate the lands described in section four of this act
    12  as  parklands,  provided that the town of Oyster Bay has never used such
    13  lands for public open space or park purposes.
    14    § 3. The parkland authorized to be conveyed by the town of Oyster  Bay
    15  pursuant  to  section  one of this act is more particularly described as
    16  follows:
    17    PARCEL 1
    18    All that certain plot, piece or parcel  of  land  situate,  lying  and
    19  being in the Town of Oyster Bay, County of Nassau and State of New York,
    20  being  all  of  Lot  55  in  Block 11 of Section 17 of the Nassau County
    21  Department of Assessment Land and Tax Map and  being  more  particularly
    22  described as follows:
    23    COMMENCING  at the intersection of the northerly side of Jericho Turn-
    24  pike (NYS Route 25) with the southeasterly corner of the Map  of  Hamlet
    25  East,  filed  in  the Office of the Clerk of the County of Nassau on the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15344-04-4

        A. 10139--A                         2
 
     1  25th day of August 1987 as Map  No.  CAS-138,  as  amended  by  Map  No.
     2  CA-138A, filed in the Office of the Clerk of the County of Nassau on the
     3  21st  day  of  April,  1988  and  running thence the following three (3)
     4  courses:
     5  North  25  degrees 26 minutes 00 seconds West, a distance of 852.68 feet
     6  to a point, thence
     7  North 18 degrees 05 minutes 55 seconds West, a distance of 1,328.83 feet
     8  to a point; thence
     9  North 64 degrees 18 minutes 05 seconds East, a distance of 1045.00  feet
    10  to the True Point or Place of Beginning and running thence the following
    11  four (4) courses:
    12  North  11  degrees 55 minutes 25 seconds East, a distance of 884.84 feet
    13  to a point on the southerly side of Cedar Swamp Road  (variable  width),
    14  thence
    15  Continuing  along  said  southerly  side  of  Cedar Swamp Road, South 67
    16  degrees 27 minutes 51 seconds East, a distance of 98.82 feet to a point,
    17  thence
    18  Continuing along the same, along the arc  of  a  curve  bearing  to  the
    19  right,  having  a radius of 1,100.92 feet, an arc length of 738.84 feet,
    20  an internal angle of 38 degrees 27 minutes  08  seconds,  and  having  a
    21  chord that bears South 48 degrees 14 minutes 18 seconds East, a distance
    22  of 725.06 feet to a point, thence
    23    Leaving  said  southerly side of Cedar Swamp Road, South 67 degrees 03
    24  minutes 24 seconds West, a distance of 884.94 feet to the True Point  or
    25  Place  of  Beginning,  containing 362,874 feet square feet (8.330 acres)
    26  more or less.
    27    PARCEL 2
    28    All that certain plot, piece or parcel  of  land  situate,  lying  and
    29  being in the Town of Oyster Bay, County of Nassau and State of New York,
    30  being  part  of  Lot  4  in  Block  A of Section 27 of the Nassau County
    31  Department of Assessment Land and Tax Map and  being  more  particularly
    32  described as follows:
    33  Beginning  at  a  point  on the northerly side of West End Avenue (Shore
    34  Avenue), said point being the southerly end of the division line between
    35  lands now or formerly of The People of the State of New York, Department
    36  of Environmental Conservation known as Section 27 Block  A  Lot  222  as
    37  shown  on  the Nassau County Land and Tax Map on the west, and lands Now
    38  or Formerly of the Town of Oyster Bay known as Section 27 Block A Lot  4
    39  as  shown  on the Nassau County Land and Tax Map, formerly lands of Rial
    40  Realty Corporation on the east and running thence:
    41  North 4 degrees 41 minutes 40 seconds East,  301.67  feet  to  a  point;
    42  thence
    43  North  61  degrees  53  minutes  40 seconds East, 17.85 feet to a point;
    44  thence
    45  South 4 degrees 41 minutes 40 seconds West, 311.12 feet to  a  point  in
    46  the northerly line of West End Avenue (Shore Avenue); thence
    47  North  86 degrees 13 minutes 52 seconds West, 15.00 feet to the point or
    48  place of Beginning.
    49    Said above described parcel of land containing within said bounds 0.10
    50  Acre, more or less.
    51    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    52  described  in section three of this act, the department of environmental
    53  conservation shall convey to the town of Oyster  Bay  and  the  town  of
    54  Oyster  Bay  shall acquire and dedicate as parklands such land described
    55  as follows:
    56    PARCEL 1

        A. 10139--A                         3
 
     1    All that certain plot, piece or parcel  of  land  situate,  lying  and
     2  being in the Town of Oyster Bay, County of Nassau and State of New York,
     3  being  part  of  Lot  222  in Block A of Section 27 of the Nassau County
     4  Department of Assessment Land and Tax Map and  being  more  particularly
     5  described as follows:
     6    Beginning  at  a point on the northerly side of West End Avenue (Shore
     7  Avenue), said point being North 86 degrees 13 minutes 52  seconds  West,
     8  173.93  feet  from  the southerly end of the division line between lands
     9  now or formerly of The People of the State of New  York,  Department  of
    10  Environmental  Conservation known as Section 27 Block A Lot 222 as shown
    11  on the Nassau County Land and Tax Map on the  west,  and  lands  Now  or
    12  Formerly  of the Town of Oyster Bay known as Section 27 Block A Lot 4 as
    13  shown on the Nassau County Land and Tax  Map,  formerly  lands  of  Rial
    14  Realty Corporation on the east and running thence:
    15  Along  the  northerly  side  of  West End Avenue (Shore Avenue) North 86
    16  degrees 13 minutes 52 seconds West, 230.41 feet to a point; thence
    17  North 4 degrees 41 minutes 40 seconds East, 165.64 feet to a 5/8" capped
    18  rebar; thence
    19  South 86 degrees 50 minutes 44 seconds East, 59.57 feet to a 5/8" capped
    20  rebar: thence
    21  North 4 degrees 41 minutes 40 seconds East,  116.43  feet  to  a  capped
    22  rebar; thence
    23  South  89  degrees  57  minutes  20 seconds East, 45.00 feet to a capped
    24  rebar; thence
    25  South 66 degrees 46 minutes 21 seconds  East,  105.45  feet  to  a  5/8"
    26  capped rebar; thence
    27  North  77  degrees  40  minutes  56 seconds East, 51.60 feet to a point;
    28  thence
    29  South 4 degrees 28 minutes 47 seconds  West,  38.52  feet  to  a  point;
    30  thence
    31  North  86  degrees  33  minutes  43  seconds West, 5.65 feet to a point;
    32  thence
    33  South 42 degrees 24 minutes 56 seconds West,  44.16  feet  to  a  point;
    34  thence
    35  Southwardly along the arc of a curve bearing to the left having a radius
    36  of  15.67  feet,  and  a  chord  bearing  South 22 degrees 56 minutes 02
    37  seconds West with a chord length of 10.04 feet, an arc distance of 10.22
    38  feet to a point; thence
    39  South 4 degrees 15 minutes 21 seconds West,  129.80  feet  to  a  point;
    40  thence
    41  South  6  degrees  09  minutes  25  seconds East, 34.45 feet to a point;
    42  thence
    43  South 25 degrees 57 minutes 11 seconds East, 12.98 feet to the point  or
    44  place of Beginning.
    45  Said  above  described parcel of land containing within said bounds 1.25
    46  Acres, more or less.
    47  PARCEL 2
    48  All that certain plot, piece or parcel of land situate, lying and  being
    49  in the Town of Oyster Bay, County of Nassau and State of New York, being
    50  shown  as  Lots  5  and 33 in Block A of Section 27 of the Nassau County
    51  Department of Assessment Land and Tax Map and  being  more  particularly
    52  described as follows:
    53  Beginning  at a 5/8" capped rebar on the westerly side of Bayside Avenue
    54  (not open or improved, a paper street) at the division line between  the
    55  herein  described parcel on the north and lands of the Long Island Rail-
    56  road on the south, said point also being  the  southeasterly  corner  of

        A. 10139--A                         4
 
     1  lands  designated  as  Tax  Map  Section 27, Block A, Lot 33 and running
     2  thence:
     3  Along  the  northerly  line  of  lands  of  the Long Island Railroad the
     4  following three (3) courses:
     5  1. North 88 degrees 35 minutes 24 seconds West, 99.09  feet  to  a  5/8"
     6  capped rebar; thence
     7  2.  North  86  degrees  18 minutes 01 second West, 500.29 feet to a 5/8"
     8  capped rebar; thence
     9  3. North 88 degrees 35 minutes 26 seconds West, 126.82 feet to  a  point
    10  in a stream; thence
    11  North  1 degree 16 minutes 39 seconds East, 105.17 feet to a 5/8" capped
    12  rebar in the southerly line of West End Avenue (Shore Avenue); thence
    13  Along the southerly line of West End Avenue  (Shore  Avenue),  South  86
    14  degrees 07 minutes 31 seconds East, 596.39 feet to a point; thence
    15  Still  along the southerly line of West End Avenue (Shore Avenue), South
    16  88 degrees 35 minutes 25 seconds East,  89.19  feet  to  a  5/8"  capped
    17  rebar, thence
    18  South 59 degrees 33 minutes 25 seconds East, 86.39 feet to a 5/8" capped
    19  rebar  in  the  westerly line of Bayside Avenue (not open or improved, a
    20  paper street); thence
    21  South 32 degrees 16 minutes 34 seconds West, 67.09 feet to the point  or
    22  place of Beginning.
    23  Said  above  described parcel of land containing within said bounds 1.68
    24  Acres, more or less.
    25    § 5. In the  event  that  the  fair  market  value  of  the  parklands
    26  described  in  section  four  of this act to be dedicated by the town of
    27  Oyster Bay pursuant to this act are not equal to  or  greater  than  the
    28  fair  market  value  of  the  parklands  to be alienated as described in
    29  section three of this act, the town of Oyster  Bay  shall  dedicate  the
    30  difference of the fair market value of the lands to be alienated and the
    31  lands to be dedicated for the acquisition of additional parklands and/or
    32  capital improvements to existing park and recreational facilities.
    33    §  6.  In  the  event that the town of Oyster Bay received any funding
    34  support or assistance from the  federal  government  for  the  purchase,
    35  maintenance  or  improvement of the parklands set forth in section three
    36  of this act, the discontinuance and alienation of such parkland  author-
    37  ized  by  the  provisions  of this act shall not occur until the town of
    38  Oyster Bay has complied with any federal requirements pertaining to  the
    39  alienation  or  conversion of parklands, including satisfying the secre-
    40  tary of the interior that the alienation or conversion complies with all
    41  conditions which the secretary of the interior deems necessary to ensure
    42  the substitution of other lands shall be equivalent in fair market value
    43  and usefulness to the lands being alienated or converted.
    44    § 7. This act shall take effect immediately.
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