New York Assembly Bill A05799 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5799--A 2023-2024 Regular Sessions  IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. GANDOLFO -- read once and referred to the Commit- tee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to authorize the town of Islip, county of Suffolk, to discontinue as parklands and lease certain lands 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 Islip, 2 county of Suffolk, acting by and through its governing body, and upon 3 such terms and conditions as determined by such body, is hereby author- 4 ized to discontinue as parklands and to lease at fair market value to 5 J.P. Supreme Caterers, Inc., d/b/a Nicky's on the Bay, or its successors 6 and/or assigns, for a term not to exceed forty years the lands more 7 particularly described in section three of this act to make the neces- 8 sary renovations and operate a fuel dock and restaurant. 9 § 2. The authorization contained in section one of this act shall be 10 effective only upon the condition that the town of Islip, county of 11 Suffolk, dedicate the proceeds from the lease toward the acquisition of 12 new parklands and/or capital improvements to existing park and recre- 13 ational facilities. 14 § 3. The lands authorized by section one of this act to be discontin- 15 ued as parklands and leased are described as follows: 16 BEGINNING at a point, said point being the following courses and 17 distances from the corner formed by the intersection of the easterly 18 side of Clinton Avenue and the southerly side of Bayview Avenue. 19 1.) N57° 44' 40"E 34.00 feet along the southerly side of Bayview 20 Avenue to a point; 21 2.) S32° 15' 20"E 128.73 feet to a point; 22 3.) S38° 48' 10"E 129.10 feet to a point; 23 4.) S67° 01' 50"E 468.38 feet to a point; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10224-02-3 
 A. 5799--A 2 1 5.) N72° 50' 40"E 794.58 feet to a point; 2 6.) N49° 23' 30"E 476.11 feet to a point; 3 7.) N34° 30' 49"W 6.36 feet to the point of beginning, having the 4 N.Y.S. coordinates N199,740.8400, E1195600.4500 Long Island Zone. 5 RUNNING THENCE in a northerly direction N34° 30' 49"W 152.09 feet to a 6 point; 7 RUNNING THENCE in an easterly direction N49° 54' 46"E 173.11 feet to a 8 point; 9 RUNNING THENCE in a southerly direction S36° 15' 02"E 151.42 feet to a 10 point; 11 RUNNING THENCE in a westerly direction S54° 09' 42"W 160.93 feet to a 12 point; 13 RUNNING THENCE in a southerly direction S34° 30' 49"E 13.46 feet to a 14 point; 15 RUNNING THENCE in a westerly direction S54° 09' 42"W 16.00 feet to a 16 point, the point or place of beginning. 17 Said Parcel has an area of 25,552.10 SQ.FT. or 0.59 Acres and can be 18 found on Drawing 2008-18 of the Dept. Of Planning and Development, Town 19 of Islip. 20 § 4. Should the lands described in section three of this act cease to 21 be used for the purposes described in section one of this act, the lease 22 shall terminate and those lands shall revert to the town of Islip for 23 public park and recreational purposes. At the time of such reversion, 24 the removal of such fuel dock and restaurant shall take place and the 25 property shall be returned to its previous state, consistent with park 26 and recreational purposes. 27 § 5. In the event that the town of Islip received any funding support 28 or assistance from the federal government for the purchase, maintenance 29 or improvement of the parklands set forth in section three of this act, 30 the discontinuance and alienation of such parklands authorized by the 31 provisions of this act shall not occur until the town of Islip has 32 complied with any federal requirements pertaining to the alienation or 33 conversion of parklands, including satisfying the secretary of the inte- 34 rior that the alienation or conversion complies with all conditions 35 which the secretary of the interior deems necessary to assure the 36 substitution of other lands shall be equivalent in fair market value and 37 usefulness to the lands being alienated or converted. 38 § 6. This act shall take effect immediately.