senate Bill S7238A

Signed By Governor
2013-2014 Legislative Session

Authorizes the town of Clifton Park to convey an easement

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.316
Aug 01, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.481
substituted for a9603a
Jun 16, 2014 referred to local governments
delivered to assembly
passed senate
home rule request
Jun 09, 2014 amended on third reading 7238a
Jun 03, 2014 ordered to third reading cal.1130
reported and committed to rules
May 07, 2014 referred to local government

Votes

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Jun 3, 2014 - Rules committee Vote

S7238
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 3, 2014 - Local Government committee Vote

S7238
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 3, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S7238 - Bill Details

See Assembly Version of this Bill:
A9603A
Law Section:
Real Property

S7238 - Bill Texts

view summary

Authorizes the town of Clifton Park to convey an easement.

view sponsor memo
BILL NUMBER:S7238

TITLE OF BILL: 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

PURPOSE OF THE BILL:

This legislation authorizes the Town of Clifton Park to convey an
easement across, under and through a short stretch of town park land
along an existing access road for the purpose of providing access to a
wireless communication facility that would be located on adjacent
private property.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill authorizes the Town of Clifton Park, in
Saratoga County, to convey an easement across, under and through a
small section of town park land for the purpose of providing access to
a wireless communication facility that would be located on adjacent
private property.

Section one also provides that all proceeds from the conveyance of
such an easement shall be used for capital improvements to existing
park and recreation facilities, and further provides that the Town
shall dedicate an amount equal or greater than the fair market value
of the easement interests for capital improvements to existing parks
and/or for the acquisition of additional park and recreational
facilities within the Town.

Section two of the bill specifies the boundaries of the affected park
lands.

Section three provides that, should the leased lands cease to be used
for the purposes described in this bill, the lease shall terminate and
those lands shall revert to the Town for public park and recreational
purposes.

Section four provides that, if the affected park land has received
certain federal funding, the discontinuance shall not occur until the
Town has complied with federal requirements.

JUSTIFICATION:

This legislation was requested by the Town of Clifton Park. It would
authorize the Town to convey an easement across, under and through a
short stretch of town park land along an existing access road.

A proposal has been made to construct a wireless communication
facility on private property adjacent to a town park. However, because
of the configuration of the site, direct access can only be obtained
by using an existing access road which traverses a small section of
the park land (about 425 feet).


This bill would authorize the Town of Clifton Park to convey an
easement which allows the placement of underground facilities and
fiber optics, and also allows vehicular access to the adjacent private
lands.

This legislation would benefit the community by enabling the
establishment of a facility on adjacent private property that will
improve cellular communication service in the region. In addition,
revenues received from the lease of an easement will be utilized for
capital improvements to existing park and recreation facilities within
the Town.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7238

                            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
follows:
  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.
                                                           LBD15000-02-4

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-
ture.
  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-
tinued.
  S 5. This act shall take effect immediately.

S7238A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9603A
Law Section:
Real Property

S7238A (ACTIVE) - Bill Texts

view summary

Authorizes the town of Clifton Park to convey an easement.

view sponsor memo
BILL NUMBER:S7238A

TITLE OF BILL: 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

PURPOSE OF THE BILL: This legislation authorizes the Town of Clifton
Park to convey an easement for a short stretch of town park land along
an existing access road for the underground installation of conduit,
wires and fiber optic lines in order to reach a wireless communication
facility that would be located on adjacent private property.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill authorizes the
Town of Clifton Park, in Saratoga County, to convey an easement in
town park land for the underground installation of conduit, wires and
fiber optic lines to transport utilities and telecommunication signals
necessary to the operation of a wireless communication facility that
would be located on adjacent private property. Upon completion of
construction, the surface of the lands shall be restored and the lands
shall continue to be used for park purposes.

Section two provides that the Town shall dedicate an amount equal or
greater than the fair market value of the easement to the acquisition
of new parklands and/or for capital improvements to existing park and
recreational facilities within the Town.

Section three of the bill specifies the boundaries of the affected
park lands.

Section four states that the conveyance of the easement shall not
occur until the Town has complied with any federal requirements
pertaining to the alienation or conversion of parklands.

JUSTIFICATION: This legislation was requested by the Town of Clifton
Park. It would authorize the Town to convey an easement involving a
short stretch of town park land along an existing access road.

A proposal has been made to construct a wireless communication
facility on private property adjacent to a town park. However, because
of the configuration of the site, direct access can only be obtained
by using an existing access road which traverses a small section of
the park land (about 425 feet).

This bill would authorize the Town of Clifton Park to convey an
easement which allows the placement of conduit, wires and fiber optics
under town park land in order to reach these adjacent private lands.

This legislation would benefit the community by enabling the
establishment of a facility on adjacent private property that will
improve cellular communication service in the region. In addition,
revenues received from the easement will be utilized for the
acquisition of new parklands and/or for capital improvements to
existing park and recreation facilities within the Town.


PRIOR LEGISLATIVE HISTORY: This is a new bill, but it is modeled
after previous laws and the recommendations of the Office of Parks,
Recreation and Historic Preservation.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 7238--A
    Cal. No. 1130

                            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  --
  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:

  Section  1.  The  town of Clifton Park, Saratoga county, acting by and
through its town board, is hereby authorized to  convey  by  appropriate
instruments  to  Independent  Towers,  LLC, a permanent easement in town
parkland described in section three of  this  act  for  the  underground
installation of conduit, wires and fiber optic lines to transport utili-
ties and telecommunication signals necessary to the operation of a wire-
less  communication  facility  located  adjacent  to town parkland. Upon
completion of construction, the surface of the lands shall  be  restored
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 Clifton Park dedicate
an amount equal to or greater than the fair market value of the easement
interest being alienated pursuant to section one  of  this  act  to  the
acquisition  of  new  parklands  and/or capital improvements to existing
park and recreational facilities.
  S 3. The permanent easement to be conveyed by the town of Clifton Park
pursuant to the provisions of this act is 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
follows:
  COMMENCING  at  the  intersection  of  the westerly line and southerly
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

Order  of  Elks  of  the United States of America Inc. (L. 1373, P. 715)
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-
ture.
  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  4.  The  conveyance of the easement authorized by the provisions of
this act shall not occur until the town of  Clifton  Park  has  complied
with any federal requirements pertaining to the alienation or conversion
of  parklands,  including  satisfying the secretary of the interior with
all conditions which the secretary of the interior  deems  necessary  to
assure that the substitution of other lands be equivalent in fair market
value  and  recreational  usefulness  to  the  lands  being alienated or
converted.
  S 5. This act shall take effect immediately.

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