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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7238--A
           Cal. No. 1130
                                   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  --
         reported  favorably from said committee and committed to the Committee
         on Rules -- ordered to a third reading, amended and ordered reprinted,
         retaining its place in the order of third reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15000-08-4
       S. 7238--A                          2
    1  Order  of  Elks  of  the United States of America Inc. (L. 1373, P. 715)
    2  with an easterly line of the Town of Clifton Park  (L.  1430,  P.  416).
    3  Said  point of commencement being further described as the southwesterly
    4  corner  of  said  lands  of  Clifton Park Lodge No. 2466, Benevolent and
    5  Protective Order of Elks of the United States of America Inc.  (L. 1373,
    6  P.  715). Thence; south 19 16'00" east, along the division line  between
    7  said  lands  of  Clifton  Park Lodge No. 2466, Benevolent and Protective
    8  Order of Elks of the United States of America Inc.  (L. 1373, P. 715) on
    9  the north and said lands of the town of Clifton Park (L. 1430,  P.  416)
   10  on the south, a distance of 312.45 to the point or place of beginning of
   11  the  herein described access easement.  THENCE; south at 19 16'00" east,
   12  along said division line, a distance of 486.22' to a non-tangent  curve.
   13  THENCE;  through  said  lands  of the town of Clifton Park the following
   14  three courses and distances:
   15    1. Along a curve to the right having a radius of 170.00'  and  an  arc
   16  length of 102.54' (CH = 101.00', south 83 27'12" west) to a point.
   17    2.  North  19 16'00"  west, a distance of 306.71' to a point of curva-
   18  ture.
   19    3. Along a curve to the right having a radius of 130.00'  and  an  arc
   20  length of 90.12' (CH = 88.33', north 59 24'41" west) to a point or place
   21  of beginning and containing 12,871  sqft or 0.03  acre of land.
   22    S  4.  The  conveyance of the easement authorized by the provisions of
   23  this act shall not occur until the town of  Clifton  Park  has  complied
   24  with any federal requirements pertaining to the alienation or conversion
   25  of  parklands,  including  satisfying the secretary of the interior with
   26  all conditions which the secretary of the interior  deems  necessary  to
   27  assure that the substitution of other lands be equivalent in fair market
   28  value  and  recreational  usefulness  to  the  lands  being alienated or
   29  converted.
   30    S 5. This act shall take effect immediately.