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S06330 Summary:

S06330 Actions:

S06330 Committee Votes:

S06330 Floor Votes:

S06330 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6330--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- 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 -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  authorizing  the alienation of certain parklands in the town of
          Cheektowaga, county of Erie
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subject to the provisions of this act, the town of Cheekto-
     2  waga, located in the county of Erie, is hereby authorized, acting by and
     3  through  its town board and upon such terms and conditions as determined
     4  by such board, to discontinue the use of certain municipally owned park-
     5  land to lease at fair market value for the purpose  of  erecting,  main-
     6  taining,  and  operating of a telecommunications tower and for vehicular
     7  access and utility lines to service such telecommunications tower, for a
     8  term not to exceed thirty years, parkland described in section three  of
     9  this act.
    10    §  2.  The authorization contained in section one of this act shall be
    11  subject to the requirement that all proceeds from such  lease  shall  be
    12  used  for  the  acquisition  of  additional  parkland and/or for capital
    13  improvements to existing park and recreational facilities.
    14    § 3. The parkland authorized by section one of this act to  be  leased
    15  are more particularly described as follows:
    16    Lease  Area  A  -  a  parcel measuring 50 feet by 50 feet, and further
    17  described as follows:
    18    ALL THAT TRACT OR PARCEL OF LAND situate in the Town  of  Cheektowaga,
    19  County of Erie and State of New York, being part of Lot Number 55, Town-
    20  ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
    21  as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11640-03-7
        S. 6330--A                          2
 
     1    COMMENCING  at  a  point  on the southwest corner of lands conveyed to
     2  Aspire Of Western New York by deed recorded in the Erie  County  Clerk's
     3  Office  in  Liber  11067 of Deeds at Page 6317, said point also being on
     4  the north line of Losson Road (66 feet wide);
     5    THENCE,  N  2°  59'  25" W, along the northerly line of Losson Road, a
     6  distance of 260± feet to a point on the easterly side of an access  road
     7  to John C. Stiglmeier Park;
     8    THENCE,  N 85° 18' 35"W along the easterly line of the existing access
     9  road to John C.  Stiglmeier Park, a distance of 224± feet to a point;
    10    THENCE, S 2° 59' 25" E a distance of 55± feet to POINT OF BEGINNING.;
    11    THENCE, S 2° 59' 25" E, a distance of 50 feet to a point;
    12    THENCE, N 0° 0 0"' 0" a distance of 50± feet to a point;
    13    THENCE, N 2° 59' 25" W a distance of 50± feet to a point;
    14    THENCE S 0° 0' 0" a distance of 50± feet to  the  POINT  OR  PLACE  OF
    15  BEGINNING.
    16    Said area containing 0.057 acre.
    17    Easement Area A - a 15 foot wide easement for vehicular and pedestrian
    18  access  to  Lease  Area A and for utilities to service the structures in
    19  Lease Area A along the existing roadway which runs from Losson  Road  to
    20  the Lease Area A, said easement area being described as follows:
    21    ALL  THAT  TRACT OR PARCEL OF LAND situate in the Town of Cheektowaga,
    22  County of Erie and State of New York, being part of Lot Number 55, Town-
    23  ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
    24  as follows:
    25    COMMENCING at a point on the southwest corner  of  lands  conveyed  to
    26  Aspire  Of  Western New York by deed recorded in the Erie County Clerk's
    27  Office in Liber 11067 of Deeds at Page 6317, said point  also  being  on
    28  the north line of Losson Road (66 feet wide);
    29    THENCE,  N 2° 59' 25" W along the north line of Losson Road a distance
    30  of 266± feet to the POINT OR PLACE OF BEGINNING;
    31    THENCE, N 85° 18' 35" W along the easterly line of the access road  to
    32  John C. Stiglmeier Park a distance of 182± feet to a point;
    33    THENCE, S 2° 59' 25" E a distance of 111± feet to a point;
    34    THENCE, N 85° 18' 35" W a distance of 40± feet to a point;
    35    THENCE, N 2° 59' 25" W a distance of 15± feet to a point;
    36    THENCE, S 85° 18' 35" E a distance of 25± feet to a point;
    37    THENCE, N 2° 59" 25" W a distance of 111± feet to a point;
    38    THENCE, S 85° 18' 35" E a distance of 197± feet to a point;
    39    THENCE,  S 2° 59' 25" E along the north line of Losson Road a distance
    40  of 15± feet to the POINT OR PLACE OF BEGINNING.
    41    Such area containing 0.1095 acre.
    42    § 4. Should the leased lands described in section three  of  this  act
    43  cease  to be used for the purposes described in section one of this act,
    44  the lease shall terminate and those lands shall revert to  the  town  of
    45  Cheektowaga  for  public park and recreational purposes.  At the time of
    46  such reversion, the removal of such telecommunications tower shall  take
    47  place and the property shall be returned to its previous state, consist-
    48  ent with park and recreational purposes.
    49    §  5.  In  the event that the town of Cheektowaga received any funding
    50  support or assistance from the  federal  government  for  the  purchase,
    51  maintenance  or  improvement of the parklands set forth in section three
    52  of this act, the discontinuance of parkland authorized by the provisions
    53  of this act shall not occur until the town of Cheektowaga  has  complied
    54  with any federal requirements pertaining to the alienation or conversion
    55  of  parklands,  including  satisfying the secretary of the interior that
    56  the alienation or conversion complies  with  all  conditions  which  the
        S. 6330--A                          3
 
     1  secretary  of the interior deems necessary to assure the substitution of
     2  other lands shall be equivalent in fair market  value  and  recreational
     3  usefulness to the lands being alienated or converted.
     4    § 6. This act shall take effect immediately.