Bill Text: NY S07238 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-11 - SIGNED CHAP.316 [S07238 Detail]

Download: New_York-2013-S07238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7238
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       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
       S. 7238                             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.