Bill Text: NY S08116 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8116
                    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
        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. Subject to the provisions of this act, the town of Tonawan-
     2  da, in the county of Erie, acting by and through its governing body,  is
     3  hereby  authorized  to  discontinue  as parklands and alienate the lands
     4  more particularly described in section three of this act for the purpose
     5  of leasing such lands for the placement  and  operation  of  a  cellular
     6  tower facility.
     7    §  2.  The  authorization provided in section one of this act shall be
     8  effective only upon the condition that the town of Tonawanda shall dedi-
     9  cate the lands described in section four of this act as additional park-
    10  land of the town.
    11    § 3. The lands authorized by section one of this act to be  discontin-
    12  ued as parklands are described as follows:
    13    All  that piece or parcel of property situated in the Town of Tonawan-
    14  da, County of  Erie  and  State  of  New  York,  and  more  particularly
    15  described as follows:
    16    Beginning  at  the  intersection  formed by the centerline of Brompton
    17  Road (49.5 feet wide) and the centerline of Parker Boulevard;
    18    Thence North 86 degrees 53 minutes 32 seconds West a distance of  1592
    19  +/- feet to the true point of beginning;
    20    Thence  South  00  degrees 12 minutes 19 seconds West a distance of 50
    21  feet to a point;
    22    Thence North 89 degrees 47 minutes 41 seconds West a  distance  of  50
    23  feet to a point;
    24    Thence  North  00  degrees 12 minutes 19 seconds East a distance of 50
    25  feet to a point;
    26    Thence South 89 degrees 47 minutes 41 seconds East a  distance  of  50
    27  feet to the place and point of beginning;
    28    Said parcel containing 2,500 square feet (0.057 acres).
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15212-01-8
        S. 8116                             2
     1    Together with an access easement, bounded and described as follows:
     2    Beginning  at  a  point in the south highway boundary line of Brompton
     3  Road, said point being North 69 degrees 39 minutes 15  seconds  West,  a
     4  distance of 1414 +/- feet from the intersection formed by the centerline
     5  of  Brompton  Road  (49.5 feet wide) and the centerline of Parker Boule-
     6  vard;
     7    Thence South 21 degrees 21 minutes 20 seconds West a distance of 54.30
     8  feet to a point;
     9    Thence South 15 degrees 13 minutes 31 seconds West a distance of 90.98
    10  feet to a point;
    11    Thence South 29 degrees 47 minutes 25 seconds West a distance of 48.75
    12  feet to a point;
    13    Thence South 89 degrees 57 minutes  25  seconds  West  a  distance  of
    14  175.76 feet to a point;
    15    Thence  South  00  degrees  12  minutes  19 seconds West a distance of
    16  274.50 feet to a point;
    17    Thence North 89 degrees 47 minutes 41 seconds West a  distance  of  20
    18  feet to a point;
    19    Thence  North  00  degrees  12  minutes  19 seconds East a distance of
    20  294.41 feet to a point;
    21    Thence North 89 degrees 57 minutes  25  seconds  East  a  distance  of
    22  184.09 feet to a point;
    23    Thence North 29 degrees 47 minutes 25 seconds East a distance of 34.61
    24  feet to a point;
    25    Thence North 15 degrees 13 minutes 31 seconds East a distance of 89.50
    26  feet to a point;
    27    Thence North 21 degrees 21 minutes 20 seconds East a distance of 55.53
    28  feet to a point in the south highway boundary line of Brompton Road;
    29    Thence  South  68  degrees 10 minutes 54 seconds East a distance of 20
    30  feet to the place and point of beginning;
    31    Said parcel containing 13,024 square feet (0.299 acres).
    32    § 4. The town of Tonawanda, acting by and through its governing  body,
    33  shall acquire and dedicate the replacement lands for use as parkland for
    34  public  park  purposes described as follows: All that piece or parcel of
    35  property situated in the Town of Hempstead, County of Nassau  and  State
    36  of  New  York  being part of Lot 45, Township 12, Range 8 of the Holland
    37  Land Company's survey and being more particularly described as  follows:
    38  Beginning at a point at the intersection of the northerly line of E.G.H.
    39  Youngmann  Expressway  and  the  easterly  line  of Two Mile Creek Road;
    40  Thence along the northerly boundary of E.G.H.   Youngmann Expressway  at
    41  azimuth  North  75  degrees  minus  49  minutes  minus 34 seconds East a
    42  distance of 428.21 feet to the point  and  place  of  beginning;  Thence
    43  northerly, at azimuth South 06 degrees minus 51 minutes minus 25 seconds
    44  East  a distance of 684.04 feet to a point; Thence northerly, at azimuth
    45  South 10 degrees minus 12 minutes minus 52 seconds East  a  distance  of
    46  402.34  feet  to a point on the southerly line of Pirson Parkway; Thence
    47  easterly, at azimuth South 80 degrees minus 59 minutes minus 41  seconds
    48  West along said line a distance of 285.85 feet to a point; Thence south-
    49  erly,  at  azimuth  South  11 degrees minus 41 minutes minus 3.5 seconds
    50  West a distance of 609.87 to a point on the westerly line of  East  Park
    51  Drive;  Thence  southerly,  at azimuth South 06 degrees minus 06 minutes
    52  minus 34 seconds East a distance of  213.00  feet  to  a  point;  Thence
    53  westerly,  at azimuth South 75 degrees minus 49 minutes minus 34 seconds
    54  East a distance of 180.00 to a point; Thence southerly, at azimuth South
    55  07 degrees minus 00 minutes minus 26 seconds East a distance  of  236.09
    56  feet  to  a  point on the northerly line of E.G.H. Youngmann Expressway;
        S. 8116                             3
     1  Thence westerly, at azimuth South 75 degrees minus 49 minutes  minus  54
     2  seconds East a distance 133.68 feet to the point and place of beginning;
     3  Said parcel containing 6.48 acres more or less.
     4    § 5. In the event that the parklands described in section four of this
     5  act  to  be  acquired and dedicated by the town of Tonawanda pursuant to
     6  this act are not equal to or greater than  the  parklands  described  in
     7  section  three  of this act being alienated, the town of Tonawanda shall
     8  dedicate the difference of the fair market value  of  the  lands  to  be
     9  alienated  and  the  lands  to be dedicated for the acquisition of addi-
    10  tional parklands and/or capital improvements to existing park and recre-
    11  ational facilities.
    12    § 6. In the event that the town  of  Tonawanda  received  any  funding
    13  support  or  assistance  from  the  federal government for the purchase,
    14  maintenance or improvement of the parklands set forth in  section  three
    15  of this act, the discontinuance and alienation of such parklands author-
    16  ized  by  the  provisions  of  section three of this act shall not occur
    17  until the town of Tonawanda has complied with any  federal  requirements
    18  pertaining  to the alienation or conversion of such parklands, including
    19  satisfying the secretary of the interior that the alienation or  conver-
    20  sion  complies  with  all conditions which the secretary of the interior
    21  deems necessary to assure the  substitution  of  other  lands  shall  be
    22  equivalent in fair market value and usefulness to the lands being alien-
    23  ated or converted.
    24    § 7. This act shall take effect immediately.