Bill Text: NY S07874 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes the town of Irondequoit, in the county of Monroe, to lease parklands to T-Mobile Northeast LLC, as successor in interest to Omnipoint Communications Incorporated, and to dedicate an amount equal to or greater than the fair market value of the lease and easement interest to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-07-21 - SIGNED CHAP.223 [S07874 Detail]
Download: New_York-2015-S07874-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7874--A Cal. No. 1311 IN SENATE May 19, 2016 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to authorize the town of Irondequoit, in the county of Monroe, to lease parklands to T-Mobile Northeast LLC as successor in interest to Omnipoint Communications Incorporated The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subject to the provisions of this act, the town of Ironde- 2 quoit, located in the county of Monroe, is hereby authorized, acting by 3 and through its town board, and upon such terms and conditions as the 4 town board deems appropriate, to discontinue the use of certain munici- 5 pality owned parkland, and to lease, at fair market value to T-Mobile 6 Northeast LLC, as successor in interest to Omnipoint Communications 7 Incorporated, for a term not exceeding twenty-six years, such parkland 8 described in section four of this act, for the purpose of erecting, 9 maintaining and operating a wireless communications facility. In addi- 10 tion, the town of Irondequoit, in the county of Monroe, acting by and 11 through its town board is hereby authorized to convey easements to T-Mo- 12 bile Northeast LLC, as successor in interest to Omnipoint Communications 13 Incorporated, over parklands described in section five of this act for 14 access and utility purposes. 15 § 2. Notwithstanding the failure of the town of Irondequoit to seek 16 and receive state legislative authorization to alienate certain park- 17 lands as described in section four of this act prior to the parklands 18 being leased to Omnipoint Communications Incorporated, the predecessor 19 in interest to T-Mobile Northeast LLC, such alienation is hereby vali- 20 dated, legalized, ratified and confirmed. 21 § 3. The authorization provided in section one of this act shall be 22 effective only upon the condition that the town of Irondequoit, county 23 of Monroe, dedicate an amount equal to the fair market value of those 24 interests being transferred by this act, for the acquisition of addi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15540-03-6S. 7874--A 2 1 tional parklands and/or for capital improvements to existing park and 2 recreational facilities. 3 § 4. The parklands authorized by section one of this act to be leased 4 to T-Mobile Northeast LLC are as follows: 5 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Irondequoit, 6 County of Monroe and State of New York more particularly described as 7 follows: 8 COMMENCING at a point in the easterly highway boundary of Winton Road- 9 Seabreeze Expressway, State Route 590, said point being the southwester- 10 ly corner of lands now or formerly owned by Town of Irondequoit, also 11 known as Lot 1 of the McAvoy Park Subdivision as filed in the Monroe 12 County Clerk's Office as Liber 320 of maps page 86; thence, A. North 13 19°49'44" East, along the easterly highway boundary of Winton Road-Sea- 14 breeze Expressway, State Route 590, a distance of 96.53 feet to the 15 point of BEGINNING; thence 16 the following courses and distances through Lot 1 of said McAvoy Park 17 Subdivision; 18 1. North 19°49'44" East, along the easterly highway boundary of Winton 19 Road-Seabreeze Expressway, a distance of 67.44 feet to a point; thence, 20 2. North 78°36'37" East, a distance of 28.63 feet to a point; thence, 21 3. South 27°04'38" East, a distance of 36.30 feet to a point; thence, 22 4. South 21°04'29" West, a distance of 39.18 feet to a point; thence, 23 5. South 89°45'43" West, a distance of 53.38 feet to the PLACE AND POINT 24 OF BEGINNING, containing 0.073 acres of land more or less. 25 § 5. The easements to be conveyed by the town of Irondequoit pursuant 26 to section one of this act for access and utilities are described as 27 follows: 28 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Irondequoit, 29 County of Monroe and State of New York more particularly described as 30 follows: 31 COMMENCING at a point in the westerly highway boundary of Winton Road 32 North, said point being the northeasterly corner of lands now or former- 33 ly owned by Church of Jesus Christ, also known as Lot 2 of the McAvoy 34 Park Subdivision as filed in the Monroe County Clerk's Office as Liber 35 320 of maps page 86; thence, A. North 20°58'45" East, along the westerly 36 highway boundary of Winton Road North, a distance of 217.79 feet to the 37 point of BEGINNING; thence 38 the following courses and distances through Lot 1 of said McAvoy Park 39 Subdivision; 40 1. North 68°53'15" West, a distance of 46.51 feet to a point; thence, 41 2. South 21°06'45" West, a distance of 106.96 feet to a point; thence, 42 3. South 85°28'03" West, a distance of 62.06 feet to a point; thence, 43 4. South 21°07'25" West, a distance of 70.00 feet to a point; thence, 44 5. South 68°41'11" West, a distance of 88.86 feet to a point; thence, 45 6. South 33°48'05" West, a distance of 186.72 feet to a point; thence, 46 7. North 61°57'49" West, a distance of 110.62 feet to a point; thence, 47 8. South 27°58'44" West, a distance of 20.52 feet to a point; thence, 48 9. North 62°1'14" West, a distance of 28.00 feet to a point; thence, 49 10. North 27°58'44" East, a distance of 16.34 feet to a point; thence, 50 11. North 89°45'43" East, along the south line of Lease parcel, a 51 distance of 1.14 feet to a point; thence, 52 12. North 21°4'29" East, along the easterly line of Lease parcel, a 53 distance of 18.81 feet to a point; thence, 54 13. South 61°57'49" East, a distance of 126.34 feet to a point; thence, 55 14. North 33°48'05" East, a distance of 177.87 feet to a point; thence, 56 15. North 68°41'11" East, a distance of 86.97 feet to a point; thence,S. 7874--A 3 1 16. North 21°07'25" East, a distance of 72.83 feet to a point; thence, 2 17. North 85°28'03" East, a distance of 62.06 feet to a point; thence, 3 18. North 21°06'45" East, a distance of 112.52 feet to a point; thence, 4 19. South 68°53'15" East, a distance of 61.47 feet to a point; thence, 5 20. South 20°58'45" West, along the westerly highway boundary of Winton 6 Road North, a distance of 15.00 feet to the PLACE AND POINT OF BEGIN- 7 NING, containing 0.254 acres of land more or less. 8 Also, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ironde- 9 quoit, County of Monroe and State of New York more particularly 10 described as follows: 11 COMMENCING at a point in the westerly highway boundary of Winton Road 12 North, said point being the northeasterly corner of lands now or former- 13 ly owned by Church of Jesus Christ, also known as Lot 2 of the McAvoy 14 Park Subdivision as filed in the Monroe County Clerk's Office as Liber 15 320 of maps page 86; thence, A. North 20°58'45" East, along the westerly 16 highway boundary of Winton Road North, a distance of 18.06 feet to the 17 point of BEGINNING; thence 18 the following courses and distances through Lot 1 of said McAvoy Park 19 Subdivision; 20 1. South 55°10'27" West, a distance of 27.74 feet to a point; thence, 21 2. South 87°01'59" West, a distance of 157.35 feet to a point; thence, 22 3. South 84°57'09" West, a distance of 170.84 feet to a point; thence, 23 4. South 47°28'14" West, a distance of 59.04 feet to a point; thence, 24 5. North 61°57'49" West, a distance of 7.93 feet to a point; thence, 25 6. North 21°04'29" East, along the easterly line of Lease parcel, a 26 distance of 20.37 feet to the point; thence, 27 7. North 27°04'38" West, along the northeasterly line of Lease Parcel, a 28 distance of 9.65 feet to a point; thence, 29 8. North 67°09'26" East, a distance of 47.00 feet to a point; thence, 30 9. North 84°57'09" East, a distance of 174.41 feet to a point; thence, 31 10. North 87°01'59" East, a distance of 154.68 feet to a point; thence, 32 11. North 55°10'27" East, a distance of 39.60 feet to a point; thence, 33 12. South 20°58'45" West, along the westerly highway boundary of Winton 34 Road North, a distance of 17.79 feet to the PLACE AND POINT OF BEGIN- 35 NING, containing 0.107 acres of land more or less. 36 § 6. Should the leased lands described in sections four and five of 37 this act cease to be used for the purposes described in section one of 38 this act, the lease shall terminate and those lands shall revert to the 39 town of Irondequoit for public park and recreational purposes, and the 40 easement described in section five of this act for access shall also 41 revert and be extinguished. At the time of such reversion, the removal 42 of such wireless communications facility, including the removal of any 43 equipment and related facilities, shall take place and the property 44 shall be returned to its previous state, consistent with parks and 45 recreational purposes. 46 § 7. If the parkland that is the subject of this act has received 47 funding pursuant to the federal land and water conservation fund, the 48 discontinuance of parkland authorized by the provisions of this act 49 shall not occur until the municipality has complied with the federal 50 requirements pertaining to the conversion of parklands, including satis- 51 fying to the Secretary of the Interior that the discontinuance will 52 include all conditions which the Secretary of the Interior deems neces- 53 sary to assure the substitution of other lands shall be equivalent in 54 fair market value and recreational usefulness to the lands being discon- 55 tinued. 56 § 8. This act shall take effect immediately.
