STATE OF NEW YORK
________________________________________________________________________
9603--A
IN ASSEMBLY
May 9, 2014
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 § 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 § 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
24 Order of Elks of the United States of America Inc. (L. 1373, P. 715)
25 with an easterly line of the Town of Clifton Park (L. 1430, P. 416).
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15000-07-4
A. 9603--A 2
1 Said point of commencement being further described as the southwesterly
2 corner of said lands of Clifton Park Lodge No. 2466, Benevolent and
3 Protective Order of Elks of the United States of America Inc. (L. 1373,
4 P. 715). Thence; south 19 16'00" east, along the division line between
5 said lands of Clifton Park Lodge No. 2466, Benevolent and Protective
6 Order of Elks of the United States of America Inc. (L. 1373, P. 715) on
7 the north and said lands of the town of Clifton Park (L. 1430, P. 416)
8 on the south, a distance of 312.45 to the point or place of beginning of
9 the herein described access easement. THENCE; south at 19 16'00" east,
10 along said division line, a distance of 486.22' to a non-tangent curve.
11 THENCE; through said lands of the town of Clifton Park the following
12 three courses and distances:
13 1. Along a curve to the right having a radius of 170.00' and an arc
14 length of 102.54' (CH = 101.00', south 83 27'12" west) to a point.
15 2. North 19 16'00" west, a distance of 306.71' to a point of curva-
16 ture.
17 3. Along a curve to the right having a radius of 130.00' and an arc
18 length of 90.12' (CH = 88.33', north 59 24'41" west) to a point or place
19 of beginning and containing 12,871± sqft or 0.03± acre of land.
20 § 4. The conveyance of the easement authorized by the provisions of
21 this act shall not occur until the town of Clifton Park has complied
22 with any federal requirements pertaining to the alienation or conversion
23 of parklands, including satisfying the secretary of the interior with
24 all conditions which the secretary of the interior deems necessary to
25 assure that the substitution of other lands be equivalent in fair market
26 value and recreational usefulness to the lands being alienated or
27 converted.
28 § 5. This act shall take effect immediately.
