NY State Senate Bill 2017-S6330A

Senate Bill S6330A

Signed By Governor

2017-2018 Legislative Session

Authorizes the town of Cheektowaga to discontinue as parklands and alienate certain lands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2017	signed chap.263
Aug 09, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.512 substituted for a7889a
Jun 15, 2017	referred to ways and means delivered to assembly passed senate home rule request
Jun 14, 2017	ordered to third reading cal.1765
Jun 07, 2017	print number 6330a
Jun 07, 2017	amend (t) and recommit to rules
Jun 06, 2017	reported and committed to rules
May 11, 2017	referred to local government

Votes

- Jun 15, 2017 - Floor Vote
  S6330A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 14, 2017 - Rules Committee Vote
  S6330A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      LaValle
      
      absent (1)
      
      Marcellino
  Jun 6, 2017 - Local Government Committee Vote
  S6330A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 6, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie

Bill Amendments

Original

A (Active)

2017-S6330 - Details

See Assembly Version of this Bill:: A7889
Law Section:: Towns

2017-S6330 - Summary

Authorizes the town of Cheektowaga to discontinue as parklands and alienate certain lands.

2017-S6330 - Sponsor Memo

2017-S6330 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6330
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of Cheektowaga to discontinue as  parklands
   and  alienate certain lands and to execute a lease agreement for park-
   land

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the town of Cheekto-
 waga,  acting  by  and  through  its town board, is hereby authorized to
 discontinue as parklands and alienate the lands  described  in  sections
 two and three of this act, and to execute a lease agreement for parkland
 located  in  John  C. Stiglmeier Park in the Town of Cheektowaga for the
 installation of a telecommunications tower; and for  the  conveyance  of
 easements  by  the town for (1) vehicular access to and from Losson Road
 to the telecommunications tower; and (2) utility lines  to  service  the
 telecommunications tower from Losson Road to the site of the tower.
   §  2. The lands to be discontinued as parkland and alienated and areas
 covered by the lease to be conveyed by the town of Cheektowaga  pursuant
 to the provisions of this act are described as follows:
   Lease  Area  A  -  a  parcel measuring 50 feet by 50 feet, and further
 described as follows:
   ALL THAT TRACT OF PARCEL OR LAND situate in the town  of  Cheektowaga,
 county of Erie and state of New York, being part of Lot Number 55, Town-
 ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
 as follows:
   COMMENCING  at  a  point  on the southwest corner of lands conveyed to
 Aspire Of Western New York by deed recorded in the Erie  County  Clerk's
 Office  in  Liber  11067 of Deeds at page 6317, said point also being on
 the north line of Losson Road (66 feet wide);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11640-01-7

 S. 6330                             2
 
   THENCE westerly, along the northerly line of Losson Road,  a  distance
 of  260±  feet to a point on the easterly side of an access road to John
 C.  Stiglmeier Park;
   THENCE  northerly, along the easterly line of the existing access road
 to John C. Stiglmeier Park, a distance of 224± feet to a point;
   THENCE easterly, a distance of 55± feet to POINT OF BEGINNING.
   THENCE easterly a distance of 50± feet to a point;
   THENCE northerly a distance of 50± feet to a point;
   THENCE westerly a distance of 50± feet to a point;
   THENCE southerly a distance of 50± feet to a point;
   THENCE southerly a distance of 50± feet  to  the  POINT  OF  PLACE  OF
 BEGINNING.
   Said area measuring 50 feet by 50 feet.
   §  3. The lands to be discontinued as parkland and alienated and areas
 covered by the lease to be subject to an easement by the town of  Cheek-
 towaga pursuant to the provisions of this act are described as follows:
   Easement Area A - a 30 foot wide permanent easement along the existing
 roadway  which  runs from Losson Road to the Lease Area A, said easement
 area being described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in the town  of  Cheektowaga,
 county of Erie and state of New York, being part of Lot Number 55, Town-
 ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
 as follows:
   COMMENCING  at  a  point  on the southwest corner of lands conveyed to
 Aspire Of Western New York by deed recorded in the Erie  County  Clerk's
 Office  in  Liber  11067 of Deeds at Page 6317, said point also being on
 the north line of Losson Road (66 feet wide);
   THENCE westerly along the north line of Losson Road a distance of 260±
 feet to the POINT OR PLACE OF BEGINNING;
   THENCE, northerly along the easterly line of the access road  to  John
 C.  Stiglmeier Park a distance of 180± feet to a point;
   THENCE, easterly a distance of 104± feet to a point;
   THENCE, northerly a distance of 44± feet to a point;
   THENCE, westerly a distance of 50± feet to a point;
   THENCE, southerly a distance of 14± feet to a point;
   THENCE westerly a distance of 104± feet to a point;
   THENCE southerly a distance of 210± feet to a point;
   THENCE  easterly along the north line of Losson Road a distance of 30±
 feet to the POINT OR PLACE OF BEGINNING.
   Easement Area B - 10 foot wide electrical utility easement to  provide
 electrical  service from Losson Road to Lease Area A, said easement area
 being described as follows:
   BEGINNING at a point on the north side  of  Losson  Road,  said  point
 being  the  location  for New York State Electric & Gas Corporation pole
 number 48A-1;
   THENCE westerly a distance of 54± feet to the POINT OR PLACE OF BEGIN-
 NING;
   THENCE northerly a distance of 225± feet to a point;
   THENCE northeasterly a distance of 70± feet to a point;
   THENCE easterly a distance of 40± feet to a point;
   THENCE northerly a distance of 10± feet to  a point;
   THENCE westerly a distance of 44.125± feet to  a point;
   THENCE southwesterly a distance of 78.29± feet to a point;
   THENCE southerly a distance of 229.125± feet to a point;
   THENCE easterly a distance of 10± feet to the POINT OR PLACE OF BEGIN-
 NING.

 S. 6330                             3
 
   § 4. The net proceeds from the granting of the lease and easements  of
 the lands described in section two of this act shall be used by the town
 of  Cheektowaga,  county of Erie for the capital improvement to or other
 enhancements to existing town parks and/or  recreational  facilities  in
 the town of Cheektowaga.
   § 5. This act shall take effect immediately.

2017-S6330A (ACTIVE) - Details

See Assembly Version of this Bill:: A7889
Law Section:: Towns

2017-S6330A (ACTIVE) - Summary

Authorizes the town of Cheektowaga to discontinue as parklands and alienate certain lands.

2017-S6330A (ACTIVE) - Sponsor Memo

2017-S6330A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6330--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  authorizing  the alienation of certain parklands in the town of
   Cheektowaga, county of Erie
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the town of Cheekto-
 waga, located in the county of Erie, 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 lease at fair market value for the purpose  of  erecting,  main-
 taining,  and  operating of a telecommunications tower and for vehicular
 access and utility lines to service such telecommunications tower, for a
 term not to exceed thirty years, parkland described in section three  of
 this act.
   §  2.  The authorization contained in section one of this act shall be
 subject to the requirement that all proceeds from such  lease  shall  be
 used  for  the  acquisition  of  additional  parkland and/or for capital
 improvements to existing park and recreational facilities.
   § 3. The parkland authorized by section one of this act to  be  leased
 are more particularly described as follows:
   Lease  Area  A  -  a  parcel measuring 50 feet by 50 feet, and further
 described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in the Town  of  Cheektowaga,
 County of Erie and State of New York, being part of Lot Number 55, Town-
 ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11640-03-7

 S. 6330--A                          2
 
   COMMENCING  at  a  point  on the southwest corner of lands conveyed to
 Aspire Of Western New York by deed recorded in the Erie  County  Clerk's
 Office  in  Liber  11067 of Deeds at Page 6317, said point also being on
 the north line of Losson Road (66 feet wide);
   THENCE,  N  2°  59'  25" W, along the northerly line of Losson Road, a
 distance of 260± feet to a point on the easterly side of an access  road
 to John C. Stiglmeier Park;
   THENCE,  N 85° 18' 35"W along the easterly line of the existing access
 road to John C.  Stiglmeier Park, a distance of 224± feet to a point;
   THENCE, S 2° 59' 25" E a distance of 55± feet to POINT OF BEGINNING.;
   THENCE, S 2° 59' 25" E, a distance of 50 feet to a point;
   THENCE, N 0° 0 0"' 0" a distance of 50± feet to a point;
   THENCE, N 2° 59' 25" W a distance of 50± feet to a point;
   THENCE S 0° 0' 0" a distance of 50± feet to  the  POINT  OR  PLACE  OF
 BEGINNING.
   Said area containing 0.057 acre.
   Easement Area A - a 15 foot wide easement for vehicular and pedestrian
 access  to  Lease  Area A and for utilities to service the structures in
 Lease Area A along the existing roadway which runs from Losson  Road  to
 the Lease Area A, said easement area being described as follows:
   ALL  THAT  TRACT OR PARCEL OF LAND situate in the Town of Cheektowaga,
 County of Erie and State of New York, being part of Lot Number 55, Town-
 ship 10, Range 7 of the Buffalo Creek Reservation, bounded and described
 as follows:
   COMMENCING at a point on the southwest corner  of  lands  conveyed  to
 Aspire  Of  Western New York by deed recorded in the Erie County Clerk's
 Office in Liber 11067 of Deeds at Page 6317, said point  also  being  on
 the north line of Losson Road (66 feet wide);
   THENCE,  N 2° 59' 25" W along the north line of Losson Road a distance
 of 266± feet to the POINT OR PLACE OF BEGINNING;
   THENCE, N 85° 18' 35" W along the easterly line of the access road  to
 John C. Stiglmeier Park a distance of 182± feet to a point;
   THENCE, S 2° 59' 25" E a distance of 111± feet to a point;
   THENCE, N 85° 18' 35" W a distance of 40± feet to a point;
   THENCE, N 2° 59' 25" W a distance of 15± feet to a point;
   THENCE, S 85° 18' 35" E a distance of 25± feet to a point;
   THENCE, N 2° 59" 25" W a distance of 111± feet to a point;
   THENCE, S 85° 18' 35" E a distance of 197± feet to a point;
   THENCE,  S 2° 59' 25" E along the north line of Losson Road a distance
 of 15± feet to the POINT OR PLACE OF BEGINNING.
   Such area containing 0.1095 acre.
   § 4. Should the leased lands described in section three  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
 Cheektowaga  for  public park and recreational purposes.  At the time of
 such reversion, the removal of such telecommunications tower shall  take
 place and the property shall be returned to its previous state, consist-
 ent with park and recreational purposes.
   §  5.  In  the event that the town of Cheektowaga received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or  improvement of the parklands set forth in section three
 of this act, the discontinuance of parkland authorized by the provisions
 of this act shall not occur until the town of Cheektowaga  has  complied
 with any federal requirements pertaining to the alienation or conversion
 of  parklands,  including  satisfying the secretary of the interior that
 the alienation or conversion complies  with  all  conditions  which  the

 S. 6330--A                          3
 
 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.
   § 6. This act shall take effect immediately.

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