senate Bill S7427

Amended

Authorizes the town of Clifton Park to discontinue the use of certain park land and lease such land for use of a wireless communications facility

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

Authorizes the town of Clifton Park to discontinue the use of certain park land and lease such land for use as a wireless communications facility.

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Bill Details

Versions:
S7427
S7427A
Legislative Cycle:
2011-2012
Law Section:
Saratoga County

Sponsor 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 11Œ54' WEST, A DISTANCE OF 58' TO THE POINT OF BEGINNING AND THE
SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL THENCE: SOUTH
89Œ55' 59" WEST, FROM THE POINT OF BEGINNING, A DISTANCE OF 40.00' TO
A POINT. THENCE: NORTH 00Œ04' 01" WEST, A DISTANCE OF 57.61' TO A
POINT. THENCE: NORTH 08Œ56' 26" EAST, A DISTANCE OF 69.33'. THENCE:
SOUTH 81Œ03' 34" EAST, A DISTANCE OF 40.00' TO A POINT. THENCE: SOUTH
08Œ56' 26" WEST, A DISTANCE OF 66.18'. THENCE: SOUTH 00Œ04' 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 70Œ40' WEST, A DISTANCE OF 73' TO THE POINT OF BEGINNING AND THE
NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL. THENCE: SOUTH
01Œ37' 58" EAST, FROM THE POINT OF BEGINNING, A DISTANCE OF 50.00' TO
A POINT. THENCE: SOUTH 88Œ22' 02" WEST, A DISTANCE OF 80.00' TO A
POINT. THENCE: NORTH 01Œ37' 58" WEST, A DISTANCE OF 50.00'. THENCE:
NORTH 88Œ22' 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 11Œ54' WEST, A DISTANCE OF 58' TO A POINT AT THE SOUTHEASTERLY
CORNER OF A LEASE PARCEL. THENCE: SOUTH 89Œ55' 59" WEST, A DISTANCE OF
25.00' TO THE POINT OF BEGINNING AND THE NORTHEASTERLY CORNER OF THE
HEREIN DESCRIBED PARCEL. THENCE: SOUTH 00Œ04' 01" EAST, A DISTANCE OF
30.26' TO A POINT. THENCE: SOUTH 38Œ57' 23" EAST, A DISTANCE OF 40.58'
TO A POINT. THENCE: SOUTH 72Œ07' 24" EAST, A DISTANCE OF 63.50' TO A
POINT ON THE NORTHERLY SIDE OF A LEASE PARCEL. THENCE: SOUTH 88Œ22'
02" WEST, ALONG THE NORTHERLY SIDE OF A LEASE PARCEL, A DISTANCE OF
59.92' TO A POINT. THENCE: SOUTH 01Œ37' 58" EAST, ALONG THE WESTERLY
SIDE OF A LEASE PARCEL, A DISTANCE OF 10.60' TO A POINT. THENCE:
NORTH 72Œ07' 24" WEST, A DISTANCE OF 61.80' TO A POINT. THENCE: NORTH
77Œ24' 55" WEST, A DISTANCE OF 283.92' TO A POINT. THENCE: SOUTH
87Œ54' 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 65Œ43' 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 66Œ31' 59" WEST,
35.14') TO A POINT. THENCE: SOUTH 89Œ31' 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 55Œ42' 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 55Œ00' 37" WEST, 16.81') TO A POINT. THENCE: NORTH 89Œ04'41"
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 55Œ00' 37" WEST, 50.42') TO A POINT. THENCE: NORTH 20Œ56'
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 10Œ47' 07" WEST, 40.56') TO A POINT. THENCE: NORTH
00Œ37'42" 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 46Œ12' 32" WEST, 35.71') TO A POINT.
THENCE: SOUTH 88Œ12' 37" WEST, A DISTANCE OF 253.35' TO A POINT ON THE
EASTERLY SIDE OF VISCHER FERRY ROAD. THENCE: NORTH 01Œ47' 23" WEST,
ALONG THE EASTERLY SIDE OF VISCHER FERRY ROAD, A DISTANCE OF 55.00' TO
A POINT. THENCE: NORTH 88Π12' 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 46Œ12' 32" EAST,
35.71') TO A POINT. THENCE: SOUTH 00Œ37' 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 10Œ47' 07"
EAST, 29.98') TO A POINT. THENCE: SOUTH 20Œ56' 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 55Œ00' 37"
EAST, 16.81') TO A POINT. THENCE: SOUTH 89Œ04'41" 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 55Œ00' 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 55Œ42' 36" EAST, 34.21') TO A POINT. THENCE: NORTH 89Œ31' 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 66Œ31' 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 65Œ43' 37" EAST, 33.97') TO A POINT.
THENCE: NORTH 87Œ54' 18" EAST, A DISTANCE OF 41.18' TO A POINT.
THENCE: SOUTH 77Œ24' 55" EAST, A DISTANCE OF 289.17' TO A POINT.
THENCE: SOUTH 72Œ07' 24" EAST, A DISTANCE OF 25.20' TO A POINT.
THENCE: NORTH 38Œ57' 23" WEST, A DISTANCE OF 22.93' TO A POINT.
THENCE: NORTH 00Œ04' 01" WEST, A DISTANCE OF 35.56' TO A POINT AT THE
SOUTHWESTERLY CORNER OF A LEASE PARCEL. THENCE: NORTH 89Œ55' 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7427

                            I N  S E N A T E

                              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.

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