S T A T E O F N E W Y O R K ________________________________________________________________________ 9603 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 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. a. The town of Clifton Park, located in the county of Sara- 2 toga, is hereby authorized, acting by and through its town board and 3 upon such terms and conditions as determined by such board, to convey an 4 easement across, under and through parkland as described in section two 5 of this act for the purpose of providing access to a wireless communi- 6 cation facility to be constructed upon adjacent land, and for the under- 7 ground installation of conduit, wires and fiber optic lines to transport 8 utilities and telecommunication signals necessary to the operation of 9 the wireless communications facility to be constructed on land imme- 10 diately adjacent to the municipally owned parkland. 11 b. All proceeds from the conveyance of such easement shall be used for 12 capital improvements to existing park and recreation facilities, and the 13 town of Clifton Park shall dedicate an amount equal or greater than the 14 fair market value of the easement interests being conveyed by this 15 section for capital improvements to existing park and recreational 16 facilities and/or for the acquisition of additional park and recreation- 17 al facilities within the town. 18 S 2. The park lands authorized by section one of this act to be leased 19 are more particularly described as follows: 20 ALL That piece or parcel of land located within the Town of Clifton 21 Park, county of Saratoga, state of New York. Said parcel lying on the 22 westerly side of Macelry Road and being more particularly described as 23 follows: 24 COMMENCING at the intersection of the westerly line and southerly 25 lines of lands of Clifton Park Lodge No. 2466 Benevolent and Protective 26 Order of Elks of the United States of America Inc. (L. 1373, P. 715) EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15000-02-4 A. 9603 2 1 with an easterly line of the Town of Clifton Park (L. 1430, P. 416). 2 Said point of commencement being further described as the southwesterly 3 corner of said lands of Clifton Park Lodge No. 2466, Benevolent and 4 Protective Order of Elks of the United States of America Inc. (L. 1373, 5 P. 715). Thence; south 19 16'00" east, along the division line between 6 said lands of Clifton Park Lodge No. 2466, Benevolent and Protective 7 Order of Elks of the United States of America Inc. (L. 1373, P. 715) on 8 the north and said lands of the town of Clifton Park (L. 1430, P. 416) 9 on the south, a distance of 312.45 to the point or place of beginning of 10 the herein described access easement. THENCE; south at 19 16'00" east, 11 along said division line, a distance of 486.22' to a non-tangent curve. 12 THENCE; through said lands of the town of Clifton Park the following 13 three courses and distances: 14 1. Along a curve to the right having a radius of 170.00' and an arc 15 length of 102.54' (CH = 101.00', south 83 27'12" west) to a point. 16 2. North 19 16'00" west, a distance of 306.71' to a point of curva- 17 ture. 18 3. Along a curve to the right having a radius of 130.00' and an arc 19 length of 90.12' (CH = 88.33', north 59 24'41" west) to a point or place 20 of beginning and containing 12,871 sqft or 0.03 acre of land. 21 S 3. Should the leased lands described in section two of this act 22 cease to be used for the purposes described in section one of this act, 23 the lease shall terminate and those lands shall revert to the town of 24 Clifton Park for public park and recreational purposes. 25 S 4. If the park land that is the subject of this act has received 26 funding pursuant to the federal land and water conservation fund, the 27 discontinuance of park land authorized by the provisions of this act 28 shall not occur until the municipality has complied with the federal 29 requirements pertaining to the conversion of park lands including satis- 30 fying to the secretary of the interior that the discontinuance will 31 include all conditions which the secretary of the interior deems neces- 32 sary to assure the substitution of other lands shall be equivalent in 33 fair market value and recreational usefulness to the lands being discon- 34 tinued. 35 S 5. This act shall take effect immediately.