S T A T E O F N E W Y O R K
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4030--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the discontinuance of certain park-
lands in the town of Amherst, 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 Amherst,
county of Erie, is hereby authorized, acting by and through its govern-
ing body, and upon such terms and conditions as determined by such
governing body, to discontinue as parklands and to lease at fair market
value to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless for a
term not to exceed thirty years the lands more particularly described in
section three of this act for the placement and operation of a wireless
communications tower.
§ 2. The authorization contained in section one of this act shall only
be effective on the condition that the town of Amherst, county of Erie,
dedicate the proceeds from the lease towards the acquisition of new
parklands and/or capital improvements to existing park and recreational
facilities.
§ 3. The parklands authorized by section one of this act to be discon-
tinued as parkland are described as follows:
All that tract or parcel of land situate in the Town of Amherst, Coun-
ty of Erie, State of New York, all as shown on a map entitled "Sworm-
ville Survey Plan", prepared by Costich Engineering, D.P.C., having
drawing number 8997, sheet number VA101, last dated 11/25/2024, and
being more particularly bounded and described as follows:
Commencing at a 0.75" pipe found on the assumed common line of lands
now or formerly owned by Charles Herberger (T.A.#28.04-1-52.11) to the
west and lands now or formerly owned by the Town of Amherst
(T.A.#28.04-1-45) to the east, said point also being on the assumed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06775-04-5
A. 4030--A 2
southerly right of way line of Smith Street-County Route 297 (66'
R.O.W.); thence
1. S47°10'44"E, along the assumed southerly bounds of Smith Street-
County Route 297, a distance of 38.33 feet to a point of curvature;
thence
2. Southerly along a curve to the left having a delta angle of
16°59'34", a radius of 71.00 feet, and an arc length of 21.06 feet, said
curve also having a chord of S31°41'25"W 20.98 feet to a point; thence
3. S23°11'38"W, a distance of 82.89 feet to a point of curvature;
thence
4. Southerly along a curve to the right having a delta angle of
29°38'29", a radius of 85.00 feet, and an arc length of 43.97 feet, said
curve also having a chord of S38°00'52"W 43.49 feet to a point; thence
5. S52°50'06"W, a distance of 72.46 feet to a point of curvature;
thence
6. Westerly along a curve to the right having a delta angle of
57°35'20", a radius of 101.00 feet, and an arc length of 101.52 feet,
said curve also having a chord of S81°37'47"W 97.30 feet to a point;
thence
7. N69°34'33"W, a distance of 220.32 feet to a point of curvature;
thence
8. Westerly along a curve to the left having a delta angle of
37°32'16", a radius of 220.00 feet, and an arc length of 144.13 feet,
said curve also having a chord of S89°00'57"W 141.57 feet to a point;
thence;
9. S01°20'21"W, a distance of 115.31 feet to a point; thence
10. N88°35'45"W, a distance of 130.00 feet to a point being the south-
east corner of the proposed Verizon Lease Parcel; thence
11. N01°25'25"E, a distance of 130.00 feet to a point; thence
12. S88°34'35"E, a distance of 90.18 feet to a point of curvature;
thence
13. Easterly along a curve to the right having a delta angle of
35°32'55", a radius of 250.00 feet, and an arc length of 155.11 feet,
said curve also having a chord of N80°44'26"E 152.63 feet to a point;
thence;
14. N03°43'43"E, a distance of 10.03 feet to a point of curvature;
thence
15. Easterly along a curve to the right having a delta angle of
09°39'57", a radius of 260.00 feet, and an arc length of 43.86 feet,
said curve also having a chord of S76°50'12"E 43.81 feet to a point;
thence;
16. S69°34'33"E, a distance of 5.70 feet to a point on the assumed
common line of lands now or formerly owned by Kathleen Grimm
(T.A.#28.04-1-53.112) to the east and lands now or formerly owned by the
Town of Amherst (T.A.#28.04-1-45) to the west; thence
17. S07°46'19"E, along the assumed common line, a distance of 9.00
feet to a point being the southwest corner of lands now or formerly
owned by Kathleen Grimm (T.A.#28.04-1-53.112); thence
18. S88°48'15"E, along the assumed south line of lands now or formerly
owned by Kathleen Grimm (T.A.#28.04-1-53.112) a distance of 24.09 feet
to a point; thence
19. S69°34'33"E, a distance of 65.42 feet to a point; thence
20. S20°25'27"W, a distance of 10.00 feet to a point; thence
21. S69°34'33"E, a distance of 123.09 feet to a point of curvature;
thence
A. 4030--A 3
22. Easterly along a curve to the left having a delta angle of
57°35'20", a radius of 71.00 feet, and an arc length of 71.36 feet, said
curve also having a chord of N81°37'47"E 68.40 feet to a point; thence
23. N52°50'06"E, a distance of 72.46 feet to a point of curvature;
thence
24. Northerly along a curve to the left having a delta angle of
29°38'29", a radius of 55.00 feet, and an arc length of 28.45 feet, said
curve also having a chord of N38°00'52"E 28.14 feet to a point; thence
25. N23°11'38"E, a distance of 82.89 feet to a point of curvature;
thence
26. Northerly along a curve to the right having a delta angle of
09°12'34", a radius of 101.00 feet, and an arc length of 16.23 feet,
said curve also having a chord of N27°47'55"E 16.22 feet to a point;
thence;
27. N47°10'44"W, a distance of 4.57 feet to a point being on the
assumed common line of lands now or formerly owned by Charles Herberger
(T.A.#28.04-1-52.11) to the west and lands now or formerly owned by the
Town of Amherst (T.A.#28.04-1-45) to the east; thence
28. N23°11'38"E, along the assumed common line, a distance of 15.93
feet to the point and place of beginning. Containing 0.892 acres of
land, more or less.
§ 4. Should the 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 Amherst for
public park and recreational purposes. At the time of such reversion,
the removal of such wireless communication tower shall take place and
the property shall be returned to its previous state, consistent with
park and recreational purposes.
§ 5. In the event that the town of Amherst 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 and alienation of such parklands author-
ized by the provisions of this act shall not occur until the town of
Amherst has complied with any federal requirements pertaining to the
alienation or conversion of parklands, including satisfying the secre-
tary 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 usefulness to the lands being alienated or converted.
§ 6. This act shall take effect immediately.