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A10172 Summary:

BILL NOA10172A
 
SAME ASSAME AS S09221-A
 
SPONSORRules (Flood)
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the town of Brookhaven to discontinue a portion of real property currently used as parkland to West Ferry Office, LLC for the construction of sewer facilities.
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A10172 Actions:

BILL NOA10172A
 
05/10/2024referred to local governments
05/31/2024amend (t) and recommit to local governments
05/31/2024print number 10172a
06/06/2024reference changed to ways and means
06/07/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.651
06/07/2024substituted by s9221a
 S09221 AMEND=A PALUMBO
 05/06/2024REFERRED TO LOCAL GOVERNMENT
 05/31/2024AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
 05/31/2024PRINT NUMBER 9221A
 06/05/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/05/2024ORDERED TO THIRD READING CAL.1781
 06/05/2024HOME RULE REQUEST
 06/05/2024PASSED SENATE
 06/05/2024DELIVERED TO ASSEMBLY
 06/05/2024referred to local governments
 06/07/2024substituted for a10172a
 06/07/2024ordered to third reading rules cal.651
 06/07/2024home rule request
 06/07/2024passed assembly
 06/07/2024returned to senate
 09/20/2024DELIVERED TO GOVERNOR
 09/27/2024SIGNED CHAP.407
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A10172 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10172A
 
SPONSOR: Rules (Flood)
  TITLE OF BILL: An act in relation to authorizing the town of Brookhaven to convey ease- ments to a portion of real property in the county of Suffolk consisting of parkland to West Ferry Office, LLC for the construction of sewer facilities   PURPOSE OR GENERAL IDEA OF BILL: To allow alienation of parkland in the town of Brookhaven for the purposes of connecting a sewer line at the Port Jefferson Ferry Terminal   SUMMARY OF PROVISIONS: Section 1: Authorizes the town of Brookhaven to discontinue the use as parklands described in section 3 and to grant easements to the West Ferry Office, LLC to construct below surface sewer lines Section 2: Provides the town of Brookhaven dedicates an amount equal to or greater towards the acquisition of new parkland and/or capital improvement to existing parklands within the town of Brookhaven Section 3: Description of the parcel Section 4: Provides that if the town of Brookhaven received federal funding for such parcel and has not complied with the federal require- ments, the alienation shall not occur. Section 5: Provides that the West Ferry Office, LLC shall restore the surface of the parcel upon completion of the construction. Section 6: Sets effective date   JUSTIFICATION: The Bridgeport and Port Jefferson Steamboat Company is in the process of a major construction project to bring greater efficiency to the Port Jefferson Ferry terminal. They need to connect to a sewer line located in a parking lot located in the town of Brookhaven. This legislation allows for the town of Brookhaven to grant an easement for the project to be completed.   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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A10172 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10172--A
 
                   IN ASSEMBLY
 
                                      May 10, 2024
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Flood) --
          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 Brookhaven to convey ease-
          ments to a portion of real property in the county of Suffolk  consist-
          ing  of  parkland  to  West  Ferry Office, LLC for the construction of
          sewer facilities
 
          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, but notwithstanding
     2  any provision of law to the contrary, the town of Brookhaven, acting  by
     3  and through its governing body, is hereby authorized to convey by appro-
     4  priate  instruments  to  West  Ferry  Office, LLC, easements in parkland
     5  described in section three of this act, upon such terms  and  conditions
     6  as  the  town  shall  determine,  to  enable  West  Ferry Office, LLC to
     7  construct below surface sewer lines under such parkland.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only upon the condition that the town of Brookhaven dedicates
    10  an amount equal to or greater than the fair market value of the easement
    11  interest being alienated towards the acquisition of new parklands and/or
    12  capital improvements to existing parklands and  recreational  facilities
    13  within the town of Brookhaven.
    14    §  3.  The easements to be conveyed by the town of Brookhaven are more
    15  particularly described as follows:
    16    ALL THAT CERTAIN PLOT, PIECE OR PARCEL  of  land  situate,  lying  and
    17  being  at  Port  Jefferson, in the town of Brookhaven, county of Suffolk
    18  and state of New York, known and designated as lots 3 and 4, said  ease-
    19  ment being bounded and described as follows:
    20    Beginning  at  a  point  on the Northerly side of West Broadway at the
    21  division line between lots 2 and  4  and  3.  Running  thence  North  18
    22  degrees  18  minutes 00 seconds West at 30.00 feet to the easement point
    23  of beginning.
    24  1. Thence, North 49 degrees 45 minutes 16 seconds East at 270.00 feet;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15409-07-4

        A. 10172--A                         2
 
     1  2. Thence, North 19 degrees 01 minutes 39 seconds West at 30.00 feet;
     2  3. Thence, South 69 degrees 03 minutes 11 seconds West at 60.00 feet;
     3  4. Thence, South 18 degrees 11 minutes 35 seconds West at 30.00 feet;
     4  5. Thence, South 49 degrees 45 minutes 16 seconds East at 206.00 feet;
     5  6. Thence,  South 18 degrees 18 minutes 00 seconds East at 20.50 feet to
     6  the point or place of beginning.  Said parcel containing .148  acres  of
     7  land more or less.
     8    §  4.   The conveyance of the easement authorized by the provisions of
     9  this act shall not occur until the town of Brookhaven has complied  with
    10  any  federal  requirements pertaining to the alienation or conversion of
    11  such parklands, including satisfying the secretary of the interior  that
    12  the  alienation  or  conversion  complies  with all conditions which the
    13  secretary of the interior deems necessary to assure the substitution  of
    14  other  lands  shall be equivalent in fair market value and usefulness to
    15  the lands being alienated or converted.
    16    § 5. Upon the completion of construction of the sewer  facilities  the
    17  West  Ferry Office, LLC shall, in agreement with the town of Brookhaven,
    18  restore the surface of the lands described in section three of this  act
    19  and such lands shall continue to be used for park purposes.
    20    § 6. This act shall take effect immediately.
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