STATE OF NEW YORK
________________________________________________________________________
7427--A
IN 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 --
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 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:
1 Section 1. a. The town of Clifton Park, located in the county of Sara-
2 toga, is hereby authorized, acting by and through its town board and
3 upon such terms and conditions as determined by such board, to discon-
4 tinue the use of certain municipally owned park land to lease at fair
5 market value to Independent Towers, LLC, for a term not to exceed twen-
6 ty-five years, park land described in section two of this act for the
7 purpose of erecting, maintaining and operating a wireless communications
8 facility, including an equipment compound described in section three of
9 this act. In addition, the town of Clifton Park, in the county of Sara-
10 toga, acting by and through its town board is hereby authorized to
11 convey an easement to Independent Towers, LLC over certain municipally
12 owned park lands described in section four of this act for access and
13 utilities purposes.
14 b. All proceeds from such lease shall be used for capital improvements
15 to existing park and recreation facilities, and the town of Clifton Park
16 shall dedicate an amount equal to or greater than the fair market value
17 of the easement interests being conveyed by section one of this act for
18 capital improvements to existing park and recreational facilities and/or
19 for the acquisition of additional park and recreational facilities.
20 § 2. The park lands authorized by section one of this act to be leased
21 are more particularly described as follows:
22 Tower/pole lease parcel description (Parcel No. 1)
23 All that piece or parcel of land located within the town of Clifton
24 Park, county of Saratoga, state of New York. Said parcel lying on the
25 easterly side of Vischer Ferry Road and being approximately 1600' north-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15818-07-2
S. 7427--A 2
1 erly of the intersection of Vischer Ferry Road and Clifton Park Center
2 Road and being more particularly described as follows:
3 Commencing at the southwesterly corner of a Babe Ruth baseball field;
4 north 11 54' west, a distance of 58' to the point of beginning and the
5 southeasterly corner of the herein described parcel. Thence: south 89
6 55' 59" west, from the point of beginning, a distance of 40.00' to a
7 point. Thence: north 00 04' 01" west, a distance of 57.61' to a point.
8 Thence: north 08 56' 26" east, a distance of 69.33'. Thence: south 81
9 03' 34" east, a distance of 40.00' to a point. Thence: south 08 56'
10 26" west, a distance of 66.18'. Thence: south 00 04' 01" east, a
11 distance of 54.46' to the point or place of beginning and containing
12 4,952 sqft or 0.11 acre of land more or less.
13 § 3. The lease authorized by section one of this act shall also
14 include an equipment compound (Parcel No. 2) more particularly described
15 as follows:
16 All that piece or parcel of land located within the town of Clifton
17 Park, county of Saratoga, state of New York. Said parcel lying on the
18 easterly side of Vischer Ferry Road and being approximately 1600' north-
19 erly of the intersection of Vischer Ferry Road and Clifton Park Center
20 Road and being more particularly described as follows:
21 Commencing at the southwesterly corner of a Babe Ruth baseball field;
22 south 70 40' west, a distance of 73' to the point of beginning and the
23 northeasterly corner of the herein described parcel. Thence: south 01
24 37' 58" east, from the point of beginning, a distance of 50.00' to a
25 point. Thence: south 88 22' 02" west, a distance of 80.00' to a point.
26 Thence: north 01 37' 58" west, a distance of 50.00'. Thence: north 88
27 22' 02" east, a distance of 80.00' to the point or place of beginning
28 and containing 4,000 sqft or 0.09 acre of land more or less.
29 § 4. The easement to be conveyed by section one of this act for access
30 and utilities is more particularly described as follows:
31 (Parcel No. 3)
32 All that piece or parcel of land located within the town of Clifton
33 Park, county of Saratoga, state of New York. Said parcel lying on the
34 easterly side of Vischer Ferry Road and being approximately 1600' north-
35 erly of the intersection of Vischer Ferry Road and Clifton Park Center
36 Road and being more particularly described as follows:
37 Commencing at the southwesterly corner of a Babe Ruth baseball field;
38 north 11 54' west, a distance of 58' to a point at the southeasterly
39 corner of a lease parcel. Thence: south 89 55' 59" west, a distance of
40 25.00' to the point of beginning and the northeasterly corner of the
41 herein described parcel. Thence: south 00 04' 01" east, a distance of
42 30.26' to a point. Thence: south 38 57' 23" east, a distance of 40.58'
43 to a point. Thence: south 72 07' 24" east, a distance of 63.50' to a
44 point on the northerly side of a lease parcel. Thence: south 88 22'
45 02" west, along the northerly side of a lease parcel, a distance of
46 59.92' to a point. Thence: south 01 37' 58" east, along the westerly
47 side of a lease parcel, a distance of 10.60' to a point. Thence: north
48 72 07' 24" west, a distance of 61.80' to a point. Thence: north 77
49 24' 55" west, a distance of 283.92' to a point. Thence: south 87 54'
50 18" west, a distance of 37.32' to a point of curvature. Thence: along a
51 curve to the left, having a radius of 15.00' and a length 11.61' (CH =
52 south 65 43' 37" west, 11.32') to a point of reverse curvature.
53 Thence: along a curve to the right, having a radius of 45.00' and a
54 length 36.10' (CH = south 66 31' 59" west, 35.14') to a point. Thence:
55 south 89 31' 02" west, a distance of 120.70' to a point of curvature.
56 Thence: along a curve to the right, having a radius of 60.00' and a
S. 7427--A 3
1 length 72.81' (CH = north 55 42' 36" west, 68.43') to a point of
2 reverse curvature. Thence: along a curve to the left, having a radius
3 of 15.00' and a length 17.84' (CH = north 55 00' 37" west, 16.81') to a
4 point. Thence: north 89 04' 41" west, a distance of 87.11' to a point
5 of curvature. Thence: along a curve to the right, having a radius of
6 45.00' and a length 53.51' (CH = north 55 00' 37" west, 50.42') to a
7 point. Thence: north 20 56' 33" west, a distance of 42.52' to a point
8 of curvature. Thence: along a curve to the right, having a radius of
9 115.00' and a length 40.77' (CH = north 10 47' 07" west, 40.56') to a
10 point. Thence: north 00 37' 42" west, a distance of 559.45' to a point
11 of curvature. Thence: along a curve to the left, having a radius of
12 25.00' and a length 39.78' (CH = north 46 12' 32" west, 35.71') to a
13 point. Thence: south 88 12' 37" west, a distance of 253.35' to a point
14 on the easterly side of Vischer Ferry Road. Thence: north 01 47' 23"
15 west, along the easterly side of Vischer Ferry Road, a distance of
16 55.00' to a point. Thence: north 88 12' 37" east, a distance of
17 284.47' to a point of curvature. Thence: along a curve to the right,
18 having a radius of 25.00' and a length 39.78' (CH = south 46 12' 32"
19 east, 35.71') to a point. Thence: south 00 37' 42" east, a distance of
20 615.07' to a point of curvature. Thence: along a curve to the left,
21 having a radius of 85.00' and a length 30.14' (CH = south 10 47' 07"
22 east, 29.98') to a point. Thence: south 20 56' 33" east, a distance of
23 42.52' to a point of curvature. Thence: along a curve to the left,
24 having a radius of 15.00' and a length 17.84' (CH = south 55 00' 37"
25 east, 16.81') to a point. Thence: south 89 04' 41" east, a distance of
26 87.11' to a point of curvature. Thence: along a curve to the right,
27 having a radius of 45.00' and a length 53.51' (CH = south 55 00' 37"
28 east, 50.42') to a point of reverse curvature. Thence: along a curve to
29 the left, having a radius of 30.00' and a length 36.40' (CH = south 55
30 42' 36" east, 34.21') to a point. Thence: north 89 31' 02" east, a
31 distance of 120.70' to a point of curvature. Thence: along a curve to
32 the left, having a radius of 15.00' and a length 12.03' (CH = north 66
33 31' 59" east, 11.71') to a point of reverse curvature. Thence: along a
34 curve to the right, having a radius of 45.00 and a length 34.84' (CH =
35 north 65 43' 37" east, 33.97') to a point. Thence: north 87 54' 18"
36 east, a distance of 41.18' to a point. Thence: south 77 24' 55" east,
37 a distance of 289.17' to a point. Thence: south 72 07' 24" east, a
38 distance of 25.20' to a point. Thence: north 38 57' 23" west, a
39 distance of 22.93' to a point. Thence: north 00 04' 01" west, a
40 distance of 35.56' to a point at the southwesterly corner of a lease
41 parcel. Thence: north 89 55' 59" east, along the southerly side of a
42 lease parcel, a distance of 15.00' to the point or place of beginning
43 and containing 61,443 sqft or 1.41 acres of land more or less.
44 § 5. Should the leased lands described in sections two and three of
45 this act cease to be used for the purposes described in section one of
46 this act, the lease shall terminate and those lands shall revert to the
47 town of Clifton Park for public park and recreational purposes, and the
48 easement described in section four of this act for access shall also
49 revert and be extinguished. At the time of such reversion, the removal
50 of such wireless communications facility, including the removal of the
51 equipment compound described in section three of this act, shall take
52 place and the property shall be returned to its previous state, consist-
53 ent with parks and recreational purposes.
54 § 6. If the park land that is the subject of this act has received
55 funding pursuant to the federal land and water conservation fund, the
56 discontinuance of park land authorized by the provisions of this act
S. 7427--A 4
1 shall not occur until the municipality has complied with the federal
2 requirements pertaining to the conversion of park lands, including
3 satisfying to the Secretary of the Interior that the discontinuance will
4 include all conditions which the Secretary of the Interior deems neces-
5 sary to assure the substitution of other lands shall be equivalent in
6 fair market value and recreational usefulness to the lands being discon-
7 tinued.
8 § 7. This act shall take effect immediately.
