Senate Bill S7238A

Signed By Governor
2013-2014 Legislative Session

Authorizes the town of Clifton Park to convey an easement

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S7238 - Details

See Assembly Version of this Bill:
A9603
Law Section:
Real Property

2013-S7238 - Summary

Authorizes the town of Clifton Park to convey an easement.

2013-S7238 - Sponsor Memo

2013-S7238 - Bill Text download pdf

                            
                    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:

  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)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2013-S7238A (ACTIVE) - Details

See Assembly Version of this Bill:
A9603
Law Section:
Real Property

2013-S7238A (ACTIVE) - Summary

Authorizes the town of Clifton Park to convey an easement.

2013-S7238A (ACTIVE) - Sponsor Memo

2013-S7238A (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  town of Clifton Park, Saratoga county, acting by and
through its town board, is hereby authorized to  convey  by  appropriate
instruments  to  Independent  Towers,  LLC, a permanent easement in town
parkland described in section three of  this  act  for  the  underground
installation of conduit, wires and fiber optic lines to transport utili-
ties and telecommunication signals necessary to the operation of a wire-
less  communication  facility  located  adjacent  to town parkland. Upon
completion of construction, the surface of the lands shall  be  restored
and the lands shall continue to be used for park purposes.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the town of Clifton Park dedicate
an amount equal to or greater than the fair market value of the easement
interest being alienated pursuant to section one  of  this  act  to  the
acquisition  of  new  parklands  and/or capital improvements to existing
park and recreational facilities.
  S 3. The permanent easement to be conveyed by the town of Clifton Park
pursuant to the provisions of this act is 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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