S7427-2011 Actions

• Jun 20, 2012: SUBSTITUTED BY A10217A
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1388
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 30, 2012: PRINT NUMBER 7427A
• May 30, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• May 15, 2012: REFERRED TO LOCAL GOVERNMENT

S7427-2011 Votes

S7427-2011 Memo

BILL NUMBER:S7427

TITLE OF BILL:
An act
in relation to authorizing the town of Clifton Park in the
county of Saratoga, to discontinue the use of
certain park land and lease such land for use of a wireless
communications facility

PURPOSE:
The town of Clifton Park, located in the county of Saratoga, is hereby
authorized, acting by and through its town board and upon such terms
and conditions as determined by such board, to discontinue the use of
certain municipally owned park land, and to lease at fair market
value to Independent Towers, LLC, for a term not to exceed
twenty-five years, said park land as described in section two of
this act for the purpose of erecting, maintaining and operating a
wireless communications facility.

SUMMARY OF PROVISIONS:
Section 1. a. The town of Clifton Park, located in the county of
Saratoga, is hereby authorized, acting by and through its town board
and upon such terms and conditions as determined by such board, to
discontinue the use of certain municipally owned park land, and to
lease at fair market value to Independent Towers, LLC, for a term not
to exceed twenty-five years, said park land as described in section
two of this act for the purpose of erecting, maintaining and
operating a wireless communications facility.
b. All proceeds from such lease shall be used for capital improvements
to existing park and recreation facilities.

� 2. The park lands authorized by section one of this act are more
particularly described as follows:

TOWER/POLE LEASE PARCEL DESCRIPTION (Parcel No. 1)

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 EASTERLY SIDE OF VISCHER FERRY ROAD AND BEING APPROXIMATELY
1600' NORTHERLY OF THE INTERSECTION OF VISCHER FERRY ROAD AND CLIFTON
PARK CENTER ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF A BABE RUTH BASEBALL FIELD;
NORTH 11�54'
WEST, A DISTANCE OF 58' TO THE POINT OF BEGINNING AND
THE SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL THENCE: SOUTH
89�55'
59" WEST, FROM THE POINT OF BEGINNING, A DISTANCE OF 40.00' TO
A POINT. THENCE: NORTH 00�04' 01" WEST, A DISTANCE OF 57.61' TO A
POINT. THENCE: NORTH 08�56' 26" EAST, A DISTANCE OF 69.33'. THENCE:
SOUTH 81�03' 34" EAST, A DISTANCE OF 40.00' TO A POINT. THENCE: SOUTH

08�56' 26" WEST, A DISTANCE OF 66.18'. THENCE: SOUTH 00�04' 01" EAST,
A DISTANCE OF 54,46' TO THE POINT OR PLACE OF BEGINNING AND
CONTAINING 4,952 SQFT OR 0.11 ACRE OF LAND MORE OR LESS.

AND TO INCLUDE FOR EQUIPMENT COMPOUND (Parcel No.2)

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 EASTERLY SIDE OF VISCHER FERRY ROAD AND BEING APPROXIMATELY 1600'
NORTHERLY OF THE INTERSECTION OF VISCHER FERRY ROAD AND CLIFTON PARK
CENTER ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF A BABE RUTH BASEBALL FIELD;
SOUTH 70�40' WEST, A DISTANCE OF 73' TO THE POINT OF BEGINNING AND
THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL. THENCE:
SOUTH 01�37' 58" EAST, FROM THE POINT OF BEGINNING, A DISTANCE OF
50.00' TO A POINT. THENCE: SOUTH 88�22' 02" WEST, A DISTANCE OF
80.00' TO A POINT. THENCE: NORTH 01�37' 58" WEST, A DISTANCE OF
50.00'. THENCE: NORTH 88�22' 02" EAST, A DISTANCE OF 80.00' TO THE
POINT OR PLACE OF BEGINNING AND CONTAINING 4,000 SQFT OR 0.09 ACRE OF
LAND MORE OR LESS

CONTAINING 0.2 acres (8952 square feet) of land.

And to include an easement for access and utilities more particularly
described as follows:

(Parcel No.3)

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 EASTERLY SIDE OF VISCHER FERRY ROAD AND BEING APPROXIMATELY 1600'
NORTHERLY OF THE INTERSECTION OF VISCHER FERRY ROAD AND CLIFTON PARK
CENTER ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF A BABE RUTH BASEBALL FIELD;
NORTH 11�54' WEST, A DISTANCE OF 58' TO A POINT AT THE SOUTHEASTERLY
CORNER OF A LEASE PARCEL. THENCE: SOUTH 89�55' 59" WEST, A DISTANCE
OF 25.00' TO THE POINT OF BEGINNING AND THE NORTHEASTERLY CORNER OF
THE HEREIN DESCRIBED PARCEL. THENCE: SOUTH 00�04' 01" EAST, A
DISTANCE OF 30.26' TO A POINT. THENCE: SOUTH 38�57' 23" EAST, A
DISTANCE OF 40.58' TO A POINT.
THENCE: SOUTH 72�07' 24" EAST, A DISTANCE OF 63.50' TO A POINT ON THE
NORTHERLY SIDE OF A LEASE PARCEL.
THENCE: SOUTH 88�22' 02" WEST, ALONG THE NORTHERLY SIDE OF A LEASE
PARCEL, A DISTANCE OF 59.92' TO A POINT.
THENCE: SOUTH 01�37' 58" EAST, ALONG THE WESTERLY SIDE OF A LEASE
PARCEL, A DISTANCE OF 10.60' TO A POINT.
THENCE: NORTH 72�07' 24" WEST, A DISTANCE OF 61.80' TO A POINT.
THENCE: NORTH 77�24' 55" WEST, A DISTANCE OF 283.92' TO A POINT.
THENCE: SOUTH 87�54' 18" WEST, A DISTANCE OF 37.32' TO A POINT OF
CURVATURE.

THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00' AND A
LENGTH 11.61' (CH == SOUTH 65�43' 37" WEST, 11.32') TO A POINT OF
REVERSE CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00' AND A
LENGTH 36.10' (CH == SOUTH 66�31' 59" WEST, 35.14') TO A POINT.
THENCE: SOUTH 89�31' 02" WEST, A DISTANCE OF 120.70' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00' AND A
LENGTH 72.81' (CH == NORTH 55�42' 36" WEST, 68.43') TO A POINT OF
REVERSE CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1.5.00' AND A
LENGTH] 7.84' (CH == NORTH 55�00' 37" WEST, 16.81') TO A POINT.
THENCE: NORTH 89�04'41" WEST, A DISTANCE OF 87.11' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00' AND A
LENGTH 53.51' (CH == NORTH 55�00' 37" WEST, 50.42') TO A POINT.
THENCE: NORTH 20�56' 33" WEST, A DISTANCE OF 42.52' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 115.00' AND A
LENGTH 40.77' (CH == NORTH 10�47' 07" WEST, 40.56') TO A POINT.
THENCE: NORTH 00�37'42" WEST, A DISTANCE OF 559.45' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00' AND A
LENGTH 39.78' (CH == NORTH 46�12' 32" WEST, 35.71') TO A POINT.
THENCE: SOUTH 88�12' 37" WEST, A DISTANCE OF 253.35' TO A POINT ON THE
EASTERLY SIDE OF VISCHER FERRY ROAD. THENCE: NORTH 01�47' 23" WEST,
ALONG THE EASTERLY SIDE OF VISCHER FERRY ROAD, A DISTANCE OF 55.00'
TO A POINT.
THENCE: NORTH 88� 12' 37" EAST, A DISTANCE OF 284.47' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00' AND A
LENGTH 39.78' (CH == SOUTH 46�12' 32" EAST, 35.71') TO A POINT.
THENCE: SOUTH 00�37' 42" EAST, A DISTANCE OF 615.07' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 85.00' AND A
LENGTH 30.14' (CH == SOUTH 10�47' 07" EAST, 29.98') TO A POINT.
THENCE: SOUTH 20�56' 33" EAST, A DISTANCE OF 42.52' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00' AND A
LENGTH 17.84' (CH == SOUTH 55�00' 37" EAST, 16.81') TO A POINT.
THENCE: SOUTH 89�04'41" EAST, A DISTANCE OF 87.11' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00' AND A
LENGTH 53.51' (CH == SOUTH 55�00' 37" EAST, 50.42') TO A POINT OF
REVERSE CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00' AND A
LENGTH 36.40' (CH == SOUTH 55�42' 36" EAST, 34.21') TO A POINT.
THENCE: NORTH 89�31' 02" EAST, A DISTANCE OF 120.70' TO A POINT OF
CURVATURE.
THENCE: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00' AND A
LENGTH 12.03' (CH == NORTH 66�31' 59" EAST, 11.71')TO A POINT OF
REVERSE CURVATURE.

THENCE: ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 AND A
LENGTH 34.84' (CH == NORTH 65�43' 37" EAST, 33.97') TO A POINT.
THENCE: NORTH 87�54' 18" EAST, A DISTANCE OF 41.18' TO A POINT.
THENCE: SOUTH 77�24' 55" EAST, A DISTANCE OF 289.17' TO A POINT.
THENCE: SOUTH 72�07' 24" EAST, A DISTANCE OF 25.20' TO A POINT.
THENCE: NORTH 38�57' 23" WEST, A DISTANCE OF 22.93' TO A POINT.
THENCE: NORTH 00�04' 01" WEST, A DISTANCE OF 35.56' TO A POINT AT THE
SOUTHWESTERLY CORNER OF A LEASE PARCEL. THENCE: NORTH 89�55' 59"
EAST, ALONG THE SOUTHERLY SIDE OF A LEASE PARCEL, A DISTANCE OF
15.00' TO THE POINT OR PLACE OF BEGINNING AND CONTAINING 61,443 SQFT
OR 1.41 ACRES OF LAND MORE OR LESS

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, and the
easement for access shall
revert and be extinguished. At the time of such reversion, the removal
of such wireless communications facility shall take place and the
property shall be returned to its previous state, consistent with
parks and recreational purposes.

JUSTIFICATION:
All proceeds from such lease shall be used for capital improvements to
existing park and recreation facilities

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7427-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7427
 I N  SENATE
 May 15, 2012
 
 Introduced  by Sen. McDONALD -- 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 discontinue the use of certain  park  land  and  lease
 such land for use 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 discon
 tinue the use of certain municipally owned park land, and  to  lease  at
 fair  market  value to Independent Towers, LLC, for a term not to exceed
 twenty-five years, said park land as described in section  two  of  this
 act  for  the  purpose of erecting, maintaining and operating a wireless
 communications facility.
 b. All proceeds from such lease shall be used for capital improvements
 to existing park and recreation facilities.
 

S 2. The park lands authorized by section one of  this  act  are  more
 particularly described as follows:

 Tower/pole lease parcel description (Parcel No. 1)
 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
 easterly side of Vischer Ferry Road and being approximately 1600' north
 erly  of  the intersection of Vischer Ferry Road and Clifton Park Center
 Road and being more particularly described as follows:

 Commencing at the southwesterly corner of a Babe Ruth baseball  field;
 north  11� 54' west, a distance of 58' to the point of beginning and the
 southeasterly corner of the herein described parcel. Thence:  south  89�
 55'  59"  west,  from  the point of beginning, a distance of 40.00' to a
 point. Thence: north 00� 04' 01" west, a distance of 57.61' to a  point.
 Thence: north 08� 56' 26" east, a distance of 69.33'.  Thence: south 81�
 03'  34"  east,  a distance of 40.00' to a point.  Thence: south 08� 56'
 26" west, a distance of 66.18'.  Thence:  south  00�  04'  01"  east,  a
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15818-03-2
 
       S. 7427                             2
 distance  of  54.46'  to  the point or place of beginning and containing
 4,952 sqft or 0.11 acre of land more or less.
 And to include for equipment compound (Parcel No. 2)
 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
 easterly side of Vischer Ferry Road and being approximately 1600' north
 erly  of  the intersection of Vischer Ferry Road and Clifton Park Center
 Road and being more particularly described as follows:

 Commencing at the southwesterly corner of a Babe Ruth baseball  field;
 south  70� 40' west, a distance of 73' to the point of beginning and the
 northeasterly corner of the herein described parcel. Thence:  south  01�
 37'  58"  east,  from  the point of beginning, a distance of 50.00' to a
 point. Thence: south 88� 22' 02" west, a distance of 80.00' to a  point.
 Thence: north 01� 37' 58" west, a distance of 50.00'.  Thence: north 88�
 22'  02"  east,  a distance of 80.00' to the point or place of beginning
 and containing 4,000 sqft or 0.09 acre of land more or less.
 And to include an easement for access and utilities more  particularly
 described as follows:

 (Parcel No. 3)
 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
 easterly side of Vischer Ferry Road and being approximately 1600' north
 erly  of  the intersection of Vischer Ferry Road and Clifton Park Center
 Road and being more particularly described as follows:

 Commencing at the southwesterly corner of a Babe Ruth baseball  field;
 north  11�  54'  west, a distance of 58' to a point at the southeasterly
 corner of a lease parcel. Thence: south 89� 55' 59" west, a distance  of
 25.00'  to  the  point  of beginning and the northeasterly corner of the
 herein described parcel. Thence:  south 00� 04' 01" east, a distance  of
 30.26'  to a point. Thence: south 38� 57' 23" east, a distance of 40.58'
 to a point.  Thence: south 72� 07' 24" east, a distance of 63.50'  to  a
 point  on  the  northerly side of a lease parcel.  Thence: south 88� 22'
 02" west, along the northerly side of a  lease  parcel,  a  distance  of
 59.92'  to  a point.  Thence: south 01� 37' 58" east, along the westerly
 side of a lease parcel, a distance of 10.60' to a point.  Thence:  north
 72�  07'  24"  west, a distance of 61.80' to a point.  Thence: north 77�
 24' 55" west, a distance of 283.92' to a point.  Thence: south  87�  54'
 18" west, a distance of 37.32' to a point of curvature.  Thence: along a
 curve  to  the left, having a radius of 15.00' and a length 11.61' (CH =
 south 65� 43' 37"  west,  11.32')  to  a  point  of  reverse  curvature.
 Thence:  along  a  curve  to  the right, having a radius of 45.00' and a
 length 36.10' (CH = south 66� 31' 59" west, 35.14') to a point.  Thence:

 south 89� 31' 02" west, a distance of 120.70' to a point  of  curvature.
 Thence:  along  a  curve  to  the right, having a radius of 60.00' and a
 length 72.81' (CH = north 55� 42'  36"  west,  68.43')  to  a  point  of
 reverse  curvature.   Thence: along a curve to the left, having a radius
 of 15.00' and a length 17.84' (CH = north 55� 00' 37" west, 16.81') to a
 point.  Thence: north 89� 04' 41" west, a distance of 87.11' to a  point
 of  curvature.    Thence: along a curve to the right, having a radius of
 45.00' and a length 53.51' (CH = north 55� 00' 37" west,  50.42')  to  a
 point.   Thence: north 20� 56' 33" west, a distance of 42.52' to a point
 of curvature.  Thence: along a curve to the right, having  a  radius  of
 115.00'  and  a length 40.77' (CH = north 10� 47' 07" west, 40.56') to a
 point.  Thence: north 00� 37' 42" west, a distance of 559.45' to a point
 of curvature.  Thence: along a curve to the left,  having  a  radius  of
 25.00'  and  a  length 39.78' (CH = north 46� 12' 32" west, 35.71') to a
 
       S. 7427                             3
 point.  Thence: south 88� 12' 37" west, a distance of 253.35' to a point
 on the easterly side of Vischer Ferry Road. Thence: north  01�  47'  23"
 west,  along  the  easterly  side  of  Vischer Ferry Road, a distance of
 55.00'  to  a  point.    Thence:  north  88� 12' 37" east, a distance of
 284.47' to a point of curvature.  Thence: along a curve  to  the  right,
 having  a  radius  of 25.00' and a length 39.78' (CH = south 46� 12' 32"
 east, 35.71') to a point.  Thence: south 00� 37' 42" east, a distance of
 615.07' to a point of curvature.   Thence: along a curve  to  the  left,
 having  a  radius  of 85.00' and a length 30.14' (CH = south 10� 47' 07"
 east, 29.98') to a point.  Thence: south 20� 56' 33" east, a distance of
 42.52' to a point of curvature.   Thence: along a  curve  to  the  left,
 having  a  radius  of 15.00' and a length 17.84' (CH = south 55� 00' 37"
 east, 16.81') to a point.  Thence: south 89� 04' 41" east, a distance of
 87.11' to a point of curvature.   Thence: along a curve  to  the  right,
 having  a  radius  of 45.00' and a length 53.51' (CH = south 55� 00' 37"
 east, 50.42') to a point of reverse curvature.  Thence: along a curve to
 the left, having a radius of 30.00' and a length 36.40' (CH = south  55�
 42'  36"  east,  34.21') to a point.   Thence: north 89� 31' 02" east, a
 distance of 120.70' to a point of curvature.  Thence: along a  curve  to
 the  left, having a radius of 15.00' and a length 12.03' (CH = north 66�
 31' 59" east, 11.71') to a point of reverse curvature.  Thence: along  a
 curve  to  the right, having a radius of 45.00 and a length 34.84' (CH =
 north 65� 43' 37" east, 33.97') to a point.  Thence: north 87�  54'  18"
 east,  a distance of 41.18' to a point.  Thence: south 77� 24' 55" east,
 a distance of 289.17' to a point.   Thence: south 72� 07'  24"  east,  a
 distance  of  25.20'  to  a  point.    Thence: north 38� 57' 23" west, a
 distance of 22.93' to a point.   Thence:  north  00�  04'  01"  west,  a
 distance  of  35.56'  to  a point at the southwesterly corner of a lease
 parcel. Thence: north 89� 55' 59" east, along the southerly  side  of  a
 lease  parcel,  a  distance of 15.00' to the point or place of beginning
 and containing 61,443 sqft or 1.41 acres of land more or less.
 

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, and the easement
 for  access shall revert and be extinguished. At the time of such rever
 sion, the removal of such wireless communications  facility  shall  take
 place and the property shall be returned to its previous state, consist
 ent with parks and recreational purposes.
 

S 4. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!