Bill Text: NY A10217 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the town of Clifton Park to discontinue the use of certain park land and lease such land for use as a wireless communications facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-07-18 - signed chap.168 [A10217 Detail]
Download: New_York-2011-A10217-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10217--A I N A S S E M B L Y May 15, 2012 ___________ Introduced by M. of A. REILLY -- 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 Clifton Park in the county of Saratoga, to discontinue the use of certain park land and lease such land for use 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 discon- 4 tinue the use of certain municipally owned park land to lease at fair 5 market value to Independent Towers, LLC, for a term not to exceed twen- 6 ty-five years, park land described in section two of this act for the 7 purpose of erecting, maintaining and operating a wireless communications 8 facility, including an equipment compound described in section three of 9 this act. In addition, the town of Clifton Park, in the county of Sara- 10 toga, acting by and through its town board is hereby authorized to 11 convey an easement to Independent Towers, LLC over certain municipally 12 owned park lands described in section four of this act for access and 13 utilities purposes. 14 b. All proceeds from such lease shall be used for capital improvements 15 to existing park and recreation facilities, and the town of Clifton Park 16 shall dedicate an amount equal to or greater than the fair market value 17 of the easement interests being conveyed by section one of this act for 18 capital improvements to existing park and recreational facilities and/or 19 for the acquisition of additional park and recreational facilities. 20 S 2. The park lands authorized by section one of this act to be leased 21 are more particularly described as follows: 22 Tower/pole lease parcel description (Parcel No. 1) 23 All that piece or parcel of land located within the town of Clifton 24 Park, county of Saratoga, state of New York. Said parcel lying on the 25 easterly side of Vischer Ferry Road and being approximately 1600' north- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15818-06-2 A. 10217--A 2 1 erly of the intersection of Vischer Ferry Road and Clifton Park Center 2 Road and being more particularly described as follows: 3 Commencing at the southwesterly corner of a Babe Ruth baseball field; 4 north 11 54' west, a distance of 58' to the point of beginning and the 5 southeasterly corner of the herein described parcel. Thence: south 89 6 55' 59" west, from the point of beginning, a distance of 40.00' to a 7 point. Thence: north 00 04' 01" west, a distance of 57.61' to a point. 8 Thence: north 08 56' 26" east, a distance of 69.33'. Thence: south 81 9 03' 34" east, a distance of 40.00' to a point. Thence: south 08 56' 10 26" west, a distance of 66.18'. Thence: south 00 04' 01" east, a 11 distance of 54.46' to the point or place of beginning and containing 12 4,952 sqft or 0.11 acre of land more or less. 13 S 3. The lease authorized by section one of this act shall also 14 include an equipment compound (Parcel No. 2) more particularly described 15 as follows: 16 All that piece or parcel of land located within the town of Clifton 17 Park, county of Saratoga, state of New York. Said parcel lying on the 18 easterly side of Vischer Ferry Road and being approximately 1600' north- 19 erly of the intersection of Vischer Ferry Road and Clifton Park Center 20 Road and being more particularly described as follows: 21 Commencing at the southwesterly corner of a Babe Ruth baseball field; 22 south 70 40' west, a distance of 73' to the point of beginning and the 23 northeasterly corner of the herein described parcel. Thence: south 01 24 37' 58" east, from the point of beginning, a distance of 50.00' to a 25 point. Thence: south 88 22' 02" west, a distance of 80.00' to a point. 26 Thence: north 01 37' 58" west, a distance of 50.00'. Thence: north 88 27 22' 02" east, a distance of 80.00' to the point or place of beginning 28 and containing 4,000 sqft or 0.09 acre of land more or less. 29 S 4. The easement to be conveyed by section one of this act for access 30 and utilities is more particularly described as follows: 31 (Parcel No. 3) 32 All that piece or parcel of land located within the town of Clifton 33 Park, county of Saratoga, state of New York. Said parcel lying on the 34 easterly side of Vischer Ferry Road and being approximately 1600' north- 35 erly of the intersection of Vischer Ferry Road and Clifton Park Center 36 Road and being more particularly described as follows: 37 Commencing at the southwesterly corner of a Babe Ruth baseball field; 38 north 11 54' west, a distance of 58' to a point at the southeasterly 39 corner of a lease parcel. Thence: south 89 55' 59" west, a distance of 40 25.00' to the point of beginning and the northeasterly corner of the 41 herein described parcel. Thence: south 00 04' 01" east, a distance of 42 30.26' to a point. Thence: south 38 57' 23" east, a distance of 40.58' 43 to a point. Thence: south 72 07' 24" east, a distance of 63.50' to a 44 point on the northerly side of a lease parcel. Thence: south 88 22' 45 02" west, along the northerly side of a lease parcel, a distance of 46 59.92' to a point. Thence: south 01 37' 58" east, along the westerly 47 side of a lease parcel, a distance of 10.60' to a point. Thence: north 48 72 07' 24" west, a distance of 61.80' to a point. Thence: north 77 49 24' 55" west, a distance of 283.92' to a point. Thence: south 87 54' 50 18" west, a distance of 37.32' to a point of curvature. Thence: along a 51 curve to the left, having a radius of 15.00' and a length 11.61' (CH = 52 south 65 43' 37" west, 11.32') to a point of reverse curvature. 53 Thence: along a curve to the right, having a radius of 45.00' and a 54 length 36.10' (CH = south 66 31' 59" west, 35.14') to a point. Thence: 55 south 89 31' 02" west, a distance of 120.70' to a point of curvature. 56 Thence: along a curve to the right, having a radius of 60.00' and a A. 10217--A 3 1 length 72.81' (CH = north 55 42' 36" west, 68.43') to a point of 2 reverse curvature. Thence: along a curve to the left, having a radius 3 of 15.00' and a length 17.84' (CH = north 55 00' 37" west, 16.81') to a 4 point. Thence: north 89 04' 41" west, a distance of 87.11' to a point 5 of curvature. Thence: along a curve to the right, having a radius of 6 45.00' and a length 53.51' (CH = north 55 00' 37" west, 50.42') to a 7 point. Thence: north 20 56' 33" west, a distance of 42.52' to a point 8 of curvature. Thence: along a curve to the right, having a radius of 9 115.00' and a length 40.77' (CH = north 10 47' 07" west, 40.56') to a 10 point. Thence: north 00 37' 42" west, a distance of 559.45' to a point 11 of curvature. Thence: along a curve to the left, having a radius of 12 25.00' and a length 39.78' (CH = north 46 12' 32" west, 35.71') to a 13 point. Thence: south 88 12' 37" west, a distance of 253.35' to a point 14 on the easterly side of Vischer Ferry Road. Thence: north 01 47' 23" 15 west, along the easterly side of Vischer Ferry Road, a distance of 16 55.00' to a point. Thence: north 88 12' 37" east, a distance of 17 284.47' to a point of curvature. Thence: along a curve to the right, 18 having a radius of 25.00' and a length 39.78' (CH = south 46 12' 32" 19 east, 35.71') to a point. Thence: south 00 37' 42" east, a distance of 20 615.07' to a point of curvature. Thence: along a curve to the left, 21 having a radius of 85.00' and a length 30.14' (CH = south 10 47' 07" 22 east, 29.98') to a point. Thence: south 20 56' 33" east, a distance of 23 42.52' to a point of curvature. Thence: along a curve to the left, 24 having a radius of 15.00' and a length 17.84' (CH = south 55 00' 37" 25 east, 16.81') to a point. Thence: south 89 04' 41" east, a distance of 26 87.11' to a point of curvature. Thence: along a curve to the right, 27 having a radius of 45.00' and a length 53.51' (CH = south 55 00' 37" 28 east, 50.42') to a point of reverse curvature. Thence: along a curve to 29 the left, having a radius of 30.00' and a length 36.40' (CH = south 55 30 42' 36" east, 34.21') to a point. Thence: north 89 31' 02" east, a 31 distance of 120.70' to a point of curvature. Thence: along a curve to 32 the left, having a radius of 15.00' and a length 12.03' (CH = north 66 33 31' 59" east, 11.71') to a point of reverse curvature. Thence: along a 34 curve to the right, having a radius of 45.00 and a length 34.84' (CH = 35 north 65 43' 37" east, 33.97') to a point. Thence: north 87 54' 18" 36 east, a distance of 41.18' to a point. Thence: south 77 24' 55" east, 37 a distance of 289.17' to a point. Thence: south 72 07' 24" east, a 38 distance of 25.20' to a point. Thence: north 38 57' 23" west, a 39 distance of 22.93' to a point. Thence: north 00 04' 01" west, a 40 distance of 35.56' to a point at the southwesterly corner of a lease 41 parcel. Thence: north 89 55' 59" east, along the southerly side of a 42 lease parcel, a distance of 15.00' to the point or place of beginning 43 and containing 61,443 sqft or 1.41 acres of land more or less. 44 S 5. Should the leased lands described in sections two and three of 45 this act cease to be used for the purposes described in section one of 46 this act, the lease shall terminate and those lands shall revert to the 47 town of Clifton Park for public park and recreational purposes, and the 48 easement described in section four of this act for access shall also 49 revert and be extinguished. At the time of such reversion, the removal 50 of such wireless communications facility, including the removal of the 51 equipment compound described in section three of this act, shall take 52 place and the property shall be returned to its previous state, consist- 53 ent with parks and recreational purposes. 54 S 6. If the park land that is the subject of this act has received 55 funding pursuant to the federal land and water conservation fund, the 56 discontinuance of park land authorized by the provisions of this act A. 10217--A 4 1 shall not occur until the municipality has complied with the federal 2 requirements pertaining to the conversion of park lands, including 3 satisfying to the Secretary of the Interior that the discontinuance will 4 include all conditions which the Secretary of the Interior deems neces- 5 sary to assure the substitution of other lands shall be equivalent in 6 fair market value and recreational usefulness to the lands being discon- 7 tinued. 8 S 7. This act shall take effect immediately.