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S07238 Summary:

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S07238 Floor Votes:

S07238 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7238--A
            Cal. No. 1130
 
                    IN SENATE
 
                                       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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15000-08-4
        S. 7238--A                          2
 
     1  Order  of  Elks  of  the United States of America Inc. (L. 1373, P. 715)
     2  with an easterly line of the Town of Clifton Park  (L.  1430,  P.  416).
     3  Said  point of commencement being further described as the southwesterly

     4  corner  of  said  lands  of  Clifton Park Lodge No. 2466, Benevolent and
     5  Protective Order of Elks of the United States of America Inc.  (L. 1373,
     6  P.  715). Thence; south 19 16'00" east, along the division line  between
     7  said  lands  of  Clifton  Park Lodge No. 2466, Benevolent and Protective
     8  Order of Elks of the United States of America Inc.  (L. 1373, P. 715) on
     9  the north and said lands of the town of Clifton Park (L. 1430,  P.  416)
    10  on the south, a distance of 312.45 to the point or place of beginning of
    11  the  herein described access easement.  THENCE; south at 19 16'00" east,
    12  along said division line, a distance of 486.22' to a non-tangent  curve.
    13  THENCE;  through  said  lands  of the town of Clifton Park the following
    14  three courses and distances:
    15    1. Along a curve to the right having a radius of 170.00'  and  an  arc

    16  length of 102.54' (CH = 101.00', south 83 27'12" west) to a point.
    17    2.  North  19 16'00"  west, a distance of 306.71' to a point of curva-
    18  ture.
    19    3. Along a curve to the right having a radius of 130.00'  and  an  arc
    20  length of 90.12' (CH = 88.33', north 59 24'41" west) to a point or place
    21  of beginning and containing 12,871± sqft or 0.03± acre of land.
    22    §  4.  The  conveyance of the easement authorized by the provisions of
    23  this act shall not occur until the town of  Clifton  Park  has  complied
    24  with any federal requirements pertaining to the alienation or conversion
    25  of  parklands,  including  satisfying the secretary of the interior with
    26  all conditions which the secretary of the interior  deems  necessary  to
    27  assure that the substitution of other lands be equivalent in fair market
    28  value  and  recreational  usefulness  to  the  lands  being alienated or

    29  converted.
    30    § 5. This act shall take effect immediately.