Bill Text: NY S08116 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to authorizing the town of Tonawanda, county of Erie, to alienate certain parcels of land used as parklands for the placement and operation of a cellular tower facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - SIGNED CHAP.496 [S08116 Detail]
Download: New_York-2017-S08116-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8116--B IN SENATE March 29, 2018 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 Tonawanda, county of Erie The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. (a) Subject to the provisions of this act, the town of 2 Tonawanda, in the county of Erie, acting by and through its governing 3 body, and upon such terms and conditions as determined by such body, is 4 hereby authorized to discontinue as parklands and to lease at fair 5 market value to Upstate Tower Company, LLC for a term not to exceed 6 thirty years the lands more particularly described in section two of 7 this act for the placement and operation of a wireless communications 8 facility. 9 (b) All proceeds from such lease shall be used for acquisition of new 10 parklands and/or towards capital improvements to existing park and 11 recreational facilities. 12 § 2. The lands authorized by section one of this act to be discontin- 13 ued as parklands are described as follows: 14 All that piece or parcel of property situated in the Town of Tonawan- 15 da, County of Erie and State of New York, and more particularly 16 described as follows: 17 Beginning at the intersection formed by the centerline of Brompton 18 Road (49.5 feet wide) and the centerline of Parker Boulevard; 19 Thence North 86 degrees 53 minutes 32 seconds West a distance of 1592 20 +/- feet to the true point of beginning; 21 Thence South 00 degrees 12 minutes 19 seconds West a distance of 50 22 feet to a point; 23 Thence North 89 degrees 47 minutes 41 seconds West a distance of 50 24 feet to a point; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15212-15-8S. 8116--B 2 1 Thence North 00 degrees 12 minutes 19 seconds East a distance of 50 2 feet to a point; 3 Thence South 89 degrees 47 minutes 41 seconds East a distance of 50 4 feet to the place and point of beginning; 5 Said parcel containing 2,500 square feet (0.057 acres). 6 Together with an access easement, bounded and described as follows: 7 Beginning at a point in the south highway boundary line of Brompton 8 Road, said point being North 69 degrees 39 minutes 15 seconds West, a 9 distance of 1414 +/- feet from the intersection formed by the centerline 10 of Brompton Road (49.5 feet wide) and the centerline of Parker Boule- 11 vard; 12 Thence South 21 degrees 21 minutes 20 seconds West a distance of 54.30 13 feet to a point; 14 Thence South 15 degrees 13 minutes 31 seconds West a distance of 90.98 15 feet to a point; 16 Thence South 29 degrees 47 minutes 25 seconds West a distance of 48.75 17 feet to a point; 18 Thence South 89 degrees 57 minutes 25 seconds West a distance of 19 175.76 feet to a point; 20 Thence South 00 degrees 12 minutes 19 seconds West a distance of 21 274.50 feet to a point; 22 Thence North 89 degrees 47 minutes 41 seconds West a distance of 20 23 feet to a point; 24 Thence North 00 degrees 12 minutes 19 seconds East a distance of 25 294.41 feet to a point; 26 Thence North 89 degrees 57 minutes 25 seconds East a distance of 27 184.09 feet to a point; 28 Thence North 29 degrees 47 minutes 25 seconds East a distance of 34.61 29 feet to a point; 30 Thence North 15 degrees 13 minutes 31 seconds East a distance of 89.50 31 feet to a point; 32 Thence North 21 degrees 21 minutes 20 seconds East a distance of 55.53 33 feet to a point in the south highway boundary line of Brompton Road; 34 Thence South 68 degrees 10 minutes 54 seconds East a distance of 20 35 feet to the place and point of beginning; 36 Said parcel containing 13,024 square feet (0.299 acres). 37 § 3. Should the lands described in section two of this act cease to be 38 used for the purposes described in section one of this act, the lease 39 shall terminate and those lands shall revert to the town of Tonawanda 40 for public park and recreational purposes. At the time of such rever- 41 sion, the removal of such wireless communications facility shall take 42 place and the property shall be returned to its previous state, consist- 43 ent with park and recreational purposes. 44 § 4. In the event that the town of Tonawanda received any funding 45 support or assistance from the federal government for the purchase, 46 maintenance or improvement of the parklands set forth in section two of 47 this act, the discontinuance and alienation of such parklands authorized 48 by the provisions of this act shall not occur until the town of Tonawan- 49 da has complied with any federal requirements pertaining to the alien- 50 ation or conversion of such parklands, including satisfying the secre- 51 tary of the interior that the alienation or conversion complies with all 52 conditions which the secretary of the interior deems necessary to assure 53 the substitution of other lands shall be equivalent in fair market value 54 and usefulness to the lands being alienated or converted. 55 § 5. This act shall take effect immediately.
