This bill has been amended

Bill S7238-2013

Authorizes the town of Clifton Park to convey an easement

Authorizes the town of Clifton Park to convey an easement.

Details

Actions

  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1130
  • Jun 3, 2014: REPORTED AND COMMITTED TO RULES
  • May 7, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Gianaris
Ayes W/R (1): Krueger
Excused (1): Espaillat

Memo

BILL NUMBER:S7238

TITLE OF BILL: 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

PURPOSE OF THE BILL:

This legislation authorizes the Town of Clifton Park to convey an easement across, under and through a short stretch of town park land along an existing access road for the purpose of providing access to a wireless communication facility that would be located on adjacent private property.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill authorizes the Town of Clifton Park, in Saratoga County, to convey an easement across, under and through a small section of town park land for the purpose of providing access to a wireless communication facility that would be located on adjacent private property.

Section one also provides that all proceeds from the conveyance of such an easement shall be used for capital improvements to existing park and recreation facilities, and further provides that the Town shall dedicate an amount equal or greater than the fair market value of the easement interests for capital improvements to existing parks and/or for the acquisition of additional park and recreational facilities within the Town.

Section two of the bill specifies the boundaries of the affected park lands.

Section three provides that, should the leased lands cease to be used for the purposes described in this bill, the lease shall terminate and those lands shall revert to the Town for public park and recreational purposes.

Section four provides that, if the affected park land has received certain federal funding, the discontinuance shall not occur until the Town has complied with federal requirements.

JUSTIFICATION:

This legislation was requested by the Town of Clifton Park. It would authorize the Town to convey an easement across, under and through a short stretch of town park land along an existing access road.

A proposal has been made to construct a wireless communication facility on private property adjacent to a town park. However, because of the configuration of the site, direct access can only be obtained by using an existing access road which traverses a small section of the park land (about 425 feet).

This bill would authorize the Town of Clifton Park to convey an easement which allows the placement of underground facilities and fiber optics, and also allows vehicular access to the adjacent private lands.

This legislation would benefit the community by enabling the establishment of a facility on adjacent private property that will improve cellular communication service in the region. In addition, revenues received from the lease of an easement will be utilized for capital improvements to existing park and recreation facilities within the Town.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7238 IN SENATE 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: Section 1. a. The town of Clifton Park, located in the county of Sara- toga, is hereby authorized, acting by and through its town board and upon such terms and conditions as determined by such board, to convey an easement across, under and through parkland as described in section two of this act for the purpose of providing access to a wireless communi- cation facility to be constructed upon adjacent land, and for the under- ground installation of conduit, wires and fiber optic lines to transport utilities and telecommunication signals necessary to the operation of the wireless communications facility to be constructed on land imme- diately adjacent to the municipally owned parkland. b. All proceeds from the conveyance of such easement shall be used for capital improvements to existing park and recreation facilities, and the town of Clifton Park shall dedicate an amount equal or greater than the fair market value of the easement interests being conveyed by this section for capital improvements to existing park and recreational facilities and/or for the acquisition of additional park and recreation- al facilities within the town. S 2. The park lands authorized by section one of this act to be leased are more particularly described as follows: ALL That piece or parcel of land located within the Town of Clifton Park, county of Saratoga, state of New York. Said parcel lying on the westerly side of Macelry Road and being more particularly described as follows: COMMENCING at the intersection of the westerly line and southerly lines of lands of Clifton Park Lodge No. 2466 Benevolent and Protective Order of Elks of the United States of America Inc. (L. 1373, P. 715)
with an easterly line of the Town of Clifton Park (L. 1430, P. 416). Said point of commencement being further described as the southwesterly corner of said lands of Clifton Park Lodge No. 2466, Benevolent and Protective Order of Elks of the United States of America Inc. (L. 1373, P. 715). Thence; south 19°16'00" east, along the division line between said lands of Clifton Park Lodge No. 2466, Benevolent and Protective Order of Elks of the United States of America Inc. (L. 1373, P. 715) on the north and said lands of the town of Clifton Park (L. 1430, P. 416) on the south, a distance of 312.45 to the point or place of beginning of the herein described access easement. THENCE; south at 19°16'00" east, along said division line, a distance of 486.22' to a non-tangent curve. THENCE; through said lands of the town of Clifton Park the following three courses and distances: 1. Along a curve to the right having a radius of 170.00' and an arc length of 102.54' (CH = 101.00', south 83°27'12" west) to a point. 2. North 19°16'00" west, a distance of 306.71' to a point of curva- ture. 3. Along a curve to the right having a radius of 130.00' and an arc length of 90.12' (CH = 88.33', north 59°24'41" west) to a point or place of beginning and containing 12,871± sqft or 0.03± acre of land. S 3. Should the leased lands described in section two of this act cease to be used for the purposes described in section one of this act, the lease shall terminate and those lands shall revert to the town of Clifton Park for public park and recreational purposes. S 4. If the park land that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of park land authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of park lands including satis- fying to the secretary of the interior that the discontinuance will include all conditions which the secretary of the interior deems neces- sary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being discon- tinued. S 5. This act shall take effect immediately.

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