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

    S. 7086--A                                           A. 10198--A

                      S E N A T E - A S S E M B L Y

                             March 11, 2010
                               ___________

IN SENATE -- Introduced by Sen. LEIBELL -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. CASTELLI -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT in relation to authorizing the town of Lewisboro in the county of
  Westchester, 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. The town of Lewisboro, located in the county  of  Westches-
ter, 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, to grant an easement  to
New York SMSA Limited Partnership d/b/a Verizon Wireless for the purpose
of  installation  of  utility  lines and for ingress and egress over the
park land more particularly described in section three of this  act  and
to  lease  at  fair  market  value to New York SMSA Limited Partnership,
d/b/a Verizon Wireless, said park land as described in sections two  and
three of this act for the purpose of erecting, maintaining and operating
a wireless communications facility.
  S  2.  The  park  lands  authorized  to be permanently discontinued by
section one of this act are more particularly described as follows:
  All that certain lot, piece or parcel  of  land,  situate,  lying  and
being  in  the Town of Lewisboro, County of Westchester and State of New
York, being more particularly bounded and described as follows:
  BEGINNING at a point on the division line between  property  belonging
to the Town of Lewisboro on the east and Lot 24 on the west, as shown on
a certain map entitled "Subdivision Plat Reservation Heights, etc." said
map  being  filed  in the Westchester County Clerk's Office, Division of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16290-02-0

S. 7086--A                          2                        A. 10198--A

Land Records May 26, 1982 as map number 20927, said point being  distant
852.54  feet  as  measured in a southerly direction along said northerly
boundary line of property belonging to the Town of  Lewisboro  from  its
intersection with the southerly boundary line of Old Post Road (New York
State  Route  35), running thence in an easterly and generally southerly
direction thorough property belonging to the Town  of  Lewisboro,  South
87°00'20"  East  167.67  feet,  South  9°44'11"  West  82.40 feet, South
65°36'30" West 110.36 feet,  South  2°59'40"  West  393.82  feet,  South
3°50'41"  West  308.98  feet, South 86°09'19" East 190.00 feet and South
3°50'41" West 252.84 feet to a point, thence  in  a  westerly  direction
continuing  thorough  property  belonging to the Town of Lewisboro along
the northerly boundary line of a 100' Wide NYSEG Transmission Line Ease-
ment North 78°52'31" West 252.03 feet to a point on the westerly bounda-
ry line of property belonging to the Town  of  Lewisboro,  thence  in  a
northerly  direction along the same, North 3°50'41" East 529.43 feet and
North 2°59'40" East 525.96 feet to the  point  or  place  of  beginning,
containing 2.760 acres.
  S  3. The park lands referred to in section one of this act over which
easements may be granted to New  York  SMSA  Limited  Partnership  d/b/a
Verizon  Wireless  for the purposes of installation of utility lines and
for ingress and egress are more particularly described as follows:
  All that certain plot, piece or parcel of land, lying and being in the
Town of Lewisboro, County of Westchester and  State  of  New  York,  and
being more accurately bounded and described as follows:
  BEGINNING at the northeasterly terminus of the park lands described in
section  two  of  this  act,  and extending easterly through an existing
parking lot and easterly and northerly along an existing access drive to
New York State Route 35, said easement to be of sufficient width  so  as
to  encompass  the traveled way of the existing access drive and include
sufficient additional area parallel to said access drive and adjacent to
said parking lot to allow for the installation of utility services.
  S 4. The discontinuance and conveyance of park land authorized by  the
provisions  of  this  act  shall take effect upon the condition that the
town of Lewisboro substitute, and designate  as  park  lands,  lands  of
equivalent  fair  market  value and recreational usefulness to the lands
being alienated or converted, said equivalent land to be as described in
section five of this act.
  S 5. The lands to be substituted in the manner set  forth  in  section
four of this act are more particularly described as follows:
  All  that  certain  lot,  piece  or parcel of land, situate, lying and
being in the Town of Lewisboro, County of Westchester and State  of  New
York, being more particularly bounded and described as follows:
  BEGINNING at a point on the easterly boundary line of property belong-
ing  to  the  Town  of  Lewisboro, being Sheet 20 Block 10801 Lot 85, as
shown on the Town of Lewisboro Tax  Maps,  also  known  as  the  "Momsen
Preserve",  said  point  being  distant  North 6°26'50" West 47.12 feet,
North 8°10'30" West 71.81 feet, North 65°04'00" East  5.56  feet,  North
8°46'20"  West  101.85  feet,  North  8°28'30"  West  103.00 feet, North
8°04'10" West 100.00 feet, North 10°15'30" West  61.52  feet  and  North
7°48'10" West 75.00 feet as measured in a northerly direction along said
easterly  boundary  line  of property belonging to the Town of Lewisboro
from its intersection with the northerly boundary line of Old Post  Road
(New  York  State  Route  35),  running  thence in a northerly direction
continuing along said easterly boundary line of  property  belonging  to
the  Town  of  Lewisboro,  North  7°48'10"  West  277.22  feet and North
7°50'10" West 782.76 feet to a point, thence in an  easterly,  southerly

S. 7086--A                          3                        A. 10198--A

and  westerly  direction  through  other  land  belonging to the Town of
Lewisboro, being Sheet 20 Block 10801 Lot 15 as shown  on  the  Town  of
Lewisboro  Tax  Maps,  North  81°07'50" East 123.18 feet, South 7°49'39"
East  1062.27  feet and South 82°11'50" West 123.16 feet to the point or
place of beginning, containing 3.000 acres.
  S 6. In the event that the lease referred to in section  one  of  this
act  is  transferred  to or assumed by another lessee, the provisions of
this act shall continue to apply with respect to such other lessee as if
such other lessee were named in section one of this  act;  and  provided
further  that in the event that the lease provided for in section one of
this act shall terminate at the end of the term therein provided  or  at
any  other time, for any other reason, the lease shall terminate and the
released lands shall revert to the town of Lewisboro for public park and
recreational purposes.
  S 7. This act shall take effect immediately.

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

    S. 7086--B                                           A. 10198--B
    Cal. No. 468

                      S E N A T E - A S S E M B L Y

                             March 11, 2010
                               ___________

IN SENATE -- Introduced by Sen. LEIBELL -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

IN ASSEMBLY -- Introduced by M. of A. CASTELLI -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN ACT in relation to authorizing the town of Lewisboro in the county of
  Westchester,  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 Lewisboro, located in the county of West-
chester, 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, to grant an  ease-
ment to New York SMSA Limited Partnership d/b/a Verizon Wireless for the
purpose of installation of utility lines and for ingress and egress over
the  park  land more particularly described in section three of this act
and to lease at fair market value to New York SMSA Limited  Partnership,
d/b/a  Verizon Wireless, said park land as described in sections two and
three 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 the  acquisition  of
additional  park lands and/or for capital improvements to existing parks
and recreation facilities.
  S 2. The park lands  authorized  to  be  permanently  discontinued  by
section one of this act are more particularly described as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD16290-04-0

S. 7086--B                          2                        A. 10198--B

  All  that  certain  lot,  piece  or parcel of land, situate, lying and
being in the Town of Lewisboro, County of Westchester and State  of  New
York, being more particularly bounded and described as follows:
  BEGINNING  at  a point on the division line between property belonging
to the Town of Lewisboro on the east and Lot 24 on the west, as shown on
a certain map entitled "Subdivision Plat Reservation Heights, etc." said
map being filed in the Westchester County Clerk's  Office,  Division  of
Land  Records May 26, 1982 as map number 20927, said point being distant
852.54 feet as measured in a southerly direction  along  said  northerly
boundary  line  of  property belonging to the Town of Lewisboro from its
intersection with the southerly boundary line of Old Post Road (New York
State Route 35), running thence in an easterly and  generally  southerly
direction  thorough  property  belonging to the Town of Lewisboro, South
87°00'20" East 167.67  feet,  South  9°44'11"  West  82.40  feet,  South
65°36'30"  West  110.36  feet,  South  2°59'40"  West 393.82 feet, South
3°50'41" West 308.98 feet, South 86°09'19" East 190.00  feet  and  South
3°50'41"  West  252.84  feet  to a point, thence in a westerly direction
continuing thorough property belonging to the Town  of  Lewisboro  along
the northerly boundary line of a 100' Wide NYSEG Transmission Line Ease-
ment North 78°52'31" West 252.03 feet to a point on the westerly bounda-
ry  line  of  property  belonging  to the Town of Lewisboro, thence in a
northerly direction along the same, North 3°50'41" East 529.43 feet  and
North  2°59'40"  East  525.96  feet  to the point or place of beginning,
containing 2.760 acres.
  S 3. The park lands referred to in section one of this act over  which
easements  may  be  granted  to  New York SMSA Limited Partnership d/b/a
Verizon Wireless for the purposes of installation of utility  lines  and
for ingress and egress are more particularly described as follows:
  All that certain plot, piece or parcel of land, lying and being in the
Town  of  Lewisboro,  County  of  Westchester and State of New York, and
being more accurately bounded and described as follows:
  BEGINNING at the northeasterly terminus of the park lands described in
section two of this act, and  extending  easterly  through  an  existing
parking lot and easterly and northerly along an existing access drive to
New  York  State Route 35, said easement to be of sufficient width so as
to encompass the traveled way of the existing access drive  and  include
sufficient additional area parallel to said access drive and adjacent to
said parking lot to allow for the installation of utility services.
  S  4.    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
Lewisboro for public park and recreational purposes. 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.
  S 5. This act shall take effect immediately.

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

    S. 7086--C                                           A. 10198--C
    Cal. No. 468

                      S E N A T E - A S S E M B L Y

                             March 11, 2010
                               ___________

IN SENATE -- Introduced by Sen. LEIBELL -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

IN ASSEMBLY -- Introduced by M. of A. CASTELLI -- read once and referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT in relation to authorizing the town of Lewisboro in the county of
  Westchester, to discontinue the use of certain park land

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding any provision of law to the contrary, the
town of Lewisboro, located in  the  county  of  Westchester,  is  hereby
authorized,  acting by and through its town board, to discontinue perma-
nently as park land the parcel more particularly  described  in  section
three  of  this  act  and  to grant an easement to New York SMSA Limited
Partnership d/b/a Verizon Wireless for the purpose  of  installation  of
utility  lines  and  for  ingress  and  egress  over the park land, more
particularly described in section four of this act. Upon  completion  of
the  installation  of  the utility lines, New York SMSA Limited Partner-
ship, d/b/a Verizon Wireless, shall restore the surface  of  the  lands,
and the lands shall continue to be used for park purposes.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the town of Lewisboro dedicate an
amount equal to or greater than the fair market value of the  park  land
              

being  permanently  discontinued  in  section  three of this act and the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16290-07-0

S. 7086--C                          2                        A. 10198--C

interest being alienated in section four of this act for the acquisition
of additional park lands and/or capital improvements  to  existing  park
and recreational facilities.
  S  3.  The  park  lands  authorized  to be permanently discontinued by
section one of this act are more particularly described as follows:
  All that certain lot, piece or parcel  of  land,  situate,  lying  and
being  in  the Town of Lewisboro, County of Westchester and State of New
York, being more particularly bounded and described as follows:
  BEGINNING at a point on the division line between  property  belonging
to the Town of Lewisboro on the east and Lot 24 on the west, as shown on
a certain map entitled "Subdivision Plat Reservation Heights, etc." said
map  being  filed  in the Westchester County Clerk's Office, Division of
Land Records May 26, 1982 as map number 20927, said point being  distant
852.54  feet  as  measured in a southerly direction along said northerly
boundary line of property belonging to the Town of  Lewisboro  from  its
intersection with the southerly boundary line of Old Post Road (New York
State  Route  35), running thence in an easterly and generally southerly
direction through property belonging to the Town of Lewisboro, South  87
00'20" East 167.67 feet, South 9 44'11" West 82.40 feet, South 65 36'30"
West  110.36  feet, South 2 59'40" West 393.82 feet, South 3 50'41" West
308.98 feet, South 86 09'19" East 190.00 feet and South  3  50'41"  West
252.84  feet  to  a  point,  thence  in  a westerly direction continuing
through property belonging to the Town of Lewisboro along the  northerly
boundary  line  of a 100' Wide NYSEG Transmission Line Easement North 78
52'31" West 252.03 feet to a point on  the  westerly  boundary  line  of
property  belonging  to  the  Town  of  Lewisboro, thence in a northerly
direction along the same, North 3 50'41" East 529.43 feet  and  North  2
59'40"  East  525.96 feet to the point or place of beginning, containing
2.760 acres.
  S 4. The park lands referred to in section one of this act over  which
easements  may  be  granted  to  New York SMSA Limited Partnership d/b/a
Verizon Wireless for the purpose of installation of  utility  lines  and
for ingress and egress are more particularly described as follows:
  All that certain plot, piece or parcel of land, lying and being in the
Town  of  Lewisboro,  County  of  Westchester and State of New York, and
being more accurately bounded and described as follows:
  BEGINNING at the northeasterly terminus of the park lands described in
section two of this act, and  extending  easterly  through  an  existing
parking lot and easterly and northerly along an existing access drive to
New  York  State Route 35, said easement to be of sufficient width so as
to encompass the traveled way of the existing access drive  and  include
sufficient additional area parallel to said access drive and adjacent to
said  parking  lot  to  allow for access and the installation of utility
services.
  S 5. The discontinuance of park land and authorized by the  provisions
of  this  act  should not occur until the town of Lewisboro has complied
with any federal requirements pertaining to the alienation or conversion
of park lands, including satisfying the secretary of the  interior  that
the  alienation  or  conversion  complies  with all conditions which the
secretary of the interior deems necessary to assure the substitution  of
other  lands  shall  be equivalent in fair market value and recreational
usefulness to the lands being alienated or converted.
  S 6. This act shall take effect immediately.