Bill Text: NY A09603 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes the town of Clifton Park to convey an easement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s7238a [A09603 Detail]

Download: New_York-2013-A09603-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9603--A
                                 I N  A S S E M B L Y
                                      May 9, 2014
                                      ___________
       Introduced  by M. of A. TEDISCO -- 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 in relation to authorizing the town of Clifton Park in the county
         of  Saratoga, to convey a permanent easement under and through certain
         parkland for wires, conduit and facilities necessary  to  support  the
         construction and operation of a wireless communications facility
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The town of Clifton Park, Saratoga county,  acting  by  and
    2  through  its  town  board, is hereby authorized to convey by appropriate
    3  instruments to Independent Towers, LLC, a  permanent  easement  in  town
    4  parkland  described  in  section  three  of this act for the underground
    5  installation of conduit, wires and fiber optic lines to transport utili-
    6  ties and telecommunication signals necessary to the operation of a wire-
    7  less communication facility located  adjacent  to  town  parkland.  Upon
    8  completion  of  construction, the surface of the lands shall be restored
    9  and the lands shall continue to be used for park purposes.
   10    S 2. The authorization provided in section one of this  act  shall  be
   11  effective only upon the condition that the town of Clifton Park dedicate
   12  an amount equal to or greater than the fair market value of the easement
   13  interest  being  alienated  pursuant  to  section one of this act to the
   14  acquisition of new parklands and/or  capital  improvements  to  existing
   15  park and recreational facilities.
   16    S 3. The permanent easement to be conveyed by the town of Clifton Park
   17  pursuant to the provisions of this act is described as follows:
   18    ALL  That  piece  or parcel of land located within the Town of Clifton
   19  Park, county of Saratoga, state of New York. Said parcel  lying  on  the
   20  westerly  side  of Macelry Road and being more particularly described as
   21  follows:
   22    COMMENCING at the intersection of  the  westerly  line  and  southerly
   23  lines  of lands of Clifton Park Lodge No. 2466 Benevolent and Protective
   24  Order of Elks of the United States of America Inc.  (L.  1373,  P.  715)
   25  with  an  easterly  line  of the Town of Clifton Park (L. 1430, P. 416).
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15000-07-4
       A. 9603--A                          2
    1  Said point of commencement being further described as the  southwesterly
    2  corner  of  said  lands  of  Clifton Park Lodge No. 2466, Benevolent and
    3  Protective Order of Elks of the United States of America Inc.  (L. 1373,
    4  P.   715). Thence; south 19 16'00" east, along the division line between
    5  said lands of Clifton Park Lodge No.  2466,  Benevolent  and  Protective
    6  Order of Elks of the United States of America Inc.  (L. 1373, P. 715) on
    7  the  north  and said lands of the town of Clifton Park (L. 1430, P. 416)
    8  on the south, a distance of 312.45 to the point or place of beginning of
    9  the herein described access easement.  THENCE; south at 19 16'00"  east,
   10  along  said division line, a distance of 486.22' to a non-tangent curve.
   11  THENCE; through said lands of the town of  Clifton  Park  the  following
   12  three courses and distances:
   13    1.  Along  a  curve to the right having a radius of 170.00' and an arc
   14  length of 102.54' (CH = 101.00', south 83 27'12" west) to a point.
   15    2. North 19 16'00" west, a distance of 306.71' to a  point  of  curva-
   16  ture.
   17    3.  Along  a  curve to the right having a radius of 130.00' and an arc
   18  length of 90.12' (CH = 88.33', north 59 24'41" west) to a point or place
   19  of beginning and containing 12,871  sqft or 0.03  acre of land.
   20    S 4. The conveyance of the easement authorized by  the  provisions  of
   21  this  act  shall  not  occur until the town of Clifton Park has complied
   22  with any federal requirements pertaining to the alienation or conversion
   23  of parklands, including satisfying the secretary of  the  interior  with
   24  all  conditions  which  the secretary of the interior deems necessary to
   25  assure that the substitution of other lands be equivalent in fair market
   26  value and recreational  usefulness  to  the  lands  being  alienated  or
   27  converted.
   28    S 5. This act shall take effect immediately.