S T A T E O F N E W Y O R K
I N S E N A T E
May 7, 2014
Introduced by Sen. FARLEY -- 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 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:
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 convey an
easement across, under and through parkland as described in section two
of this act for the purpose of providing access to a wireless communi-
cation facility to be constructed upon adjacent land, and for the under-
ground installation of conduit, wires and fiber optic lines to transport
utilities and telecommunication signals necessary to the operation of
the wireless communications facility to be constructed on land imme-
diately adjacent to the municipally owned parkland.
b. All proceeds from the conveyance of such easement shall be used for
capital improvements to existing park and recreation facilities, and the
town of Clifton Park shall dedicate an amount equal or greater than the
fair market value of the easement interests being conveyed by this
section for capital improvements to existing park and recreational
facilities and/or for the acquisition of additional park and recreation-
al facilities within the town.
S 2. The park lands authorized by section one of this act to be leased
are more particularly described as follows:
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
westerly side of Macelry Road and being more particularly described as
COMMENCING at the intersection of the westerly line and southerly
lines of lands of Clifton Park Lodge No. 2466 Benevolent and Protective
Order of Elks of the United States of America Inc. (L. 1373, P. 715)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7238 2
with an easterly line of the Town of Clifton Park (L. 1430, P. 416).
Said point of commencement being further described as the southwesterly
corner of said lands of Clifton Park Lodge No. 2466, Benevolent and
Protective Order of Elks of the United States of America Inc. (L. 1373,
P. 715). Thence; south 19°16'00" east, along the division line between
said lands of Clifton Park Lodge No. 2466, Benevolent and Protective
Order of Elks of the United States of America Inc. (L. 1373, P. 715) on
the north and said lands of the town of Clifton Park (L. 1430, P. 416)
on the south, a distance of 312.45 to the point or place of beginning of
the herein described access easement. THENCE; south at 19°16'00" east,
along said division line, a distance of 486.22' to a non-tangent curve.
THENCE; through said lands of the town of Clifton Park the following
three courses and distances:
1. Along a curve to the right having a radius of 170.00' and an arc
length of 102.54' (CH = 101.00', south 83°27'12" west) to a point.
2. North 19°16'00" west, a distance of 306.71' to a point of curva-
3. Along a curve to the right having a radius of 130.00' and an arc
length of 90.12' (CH = 88.33', north 59°24'41" west) to a point or place
of beginning and containing 12,871± sqft or 0.03± acre of land.
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.
S 4. If the park land that is the subject of this act has received
funding pursuant to the federal land and water conservation fund, the
discontinuance of park land authorized by the provisions of this act
shall not occur until the municipality has complied with the federal
requirements pertaining to the conversion of park lands including satis-
fying to the secretary of the interior that the discontinuance will
include all conditions which the secretary of the interior deems neces-
sary to assure the substitution of other lands shall be equivalent in
fair market value and recreational usefulness to the lands being discon-
S 5. This act shall take effect immediately.