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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8116--A
                    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
        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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15212-03-8
        S. 8116--A                          2
     1    Thence South 89 degrees 47 minutes 41 seconds East a  distance  of  50
     2  feet to the place and point of beginning;
     3    Said parcel containing 2,500 square feet (0.057 acres).
     4    Together with an access easement, bounded and described as follows:
     5    Beginning  at  a  point in the south highway boundary line of Brompton
     6  Road, said point being North 69 degrees 39 minutes 15  seconds  West,  a
     7  distance of 1414 +/- feet from the intersection formed by the centerline
     8  of  Brompton  Road  (49.5 feet wide) and the centerline of Parker Boule-
     9  vard;
    10    Thence South 21 degrees 21 minutes 20 seconds West a distance of 54.30
    11  feet to a point;
    12    Thence South 15 degrees 13 minutes 31 seconds West a distance of 90.98
    13  feet to a point;
    14    Thence South 29 degrees 47 minutes 25 seconds West a distance of 48.75
    15  feet to a point;
    16    Thence South 89 degrees 57 minutes  25  seconds  West  a  distance  of
    17  175.76 feet to a point;
    18    Thence  South  00  degrees  12  minutes  19 seconds West a distance of
    19  274.50 feet to a point;
    20    Thence North 89 degrees 47 minutes 41 seconds West a  distance  of  20
    21  feet to a point;
    22    Thence  North  00  degrees  12  minutes  19 seconds East a distance of
    23  294.41 feet to a point;
    24    Thence North 89 degrees 57 minutes  25  seconds  East  a  distance  of
    25  184.09 feet to a point;
    26    Thence North 29 degrees 47 minutes 25 seconds East a distance of 34.61
    27  feet to a point;
    28    Thence North 15 degrees 13 minutes 31 seconds East a distance of 89.50
    29  feet to a point;
    30    Thence North 21 degrees 21 minutes 20 seconds East a distance of 55.53
    31  feet to a point in the south highway boundary line of Brompton Road;
    32    Thence  South  68  degrees 10 minutes 54 seconds East a distance of 20
    33  feet to the place and point of beginning;
    34    Said parcel containing 13,024 square feet (0.299 acres).
    35    § 4. The town of Tonawanda, acting by and through its governing  body,
    36  shall acquire and dedicate the replacement lands for use as parkland for
    37  public  park  purposes described as follows: All that piece or parcel of
    38  property situated in the Town of Tonawanda, County of Erie and State  of
    39  New  York being part of Lot 45, Township 12, Range 8 of the Holland Land
    40  Company's survey and  being  more  particularly  described  as  follows:
    41  Beginning at a point at the intersection of the northerly line of E.G.H.
    42  Youngmann  Expressway  and  the  easterly  line  of Two Mile Creek Road;
    43  Thence along the northerly boundary of E.G.H.   Youngmann Expressway  at
    44  azimuth  North  75  degrees  minus  49  minutes  minus 34 seconds East a
    45  distance of 428.21 feet to the point  and  place  of  beginning;  Thence
    46  northerly, at azimuth South 06 degrees minus 51 minutes minus 25 seconds
    47  East  a distance of 684.04 feet to a point; Thence northerly, at azimuth
    48  South 10 degrees minus 12 minutes minus 52 seconds East  a  distance  of
    49  402.34  feet  to a point on the southerly line of Pirson Parkway; Thence
    50  easterly, at azimuth South 80 degrees minus 59 minutes minus 41  seconds
    51  West along said line a distance of 285.85 feet to a point; Thence south-
    52  erly,  at  azimuth  South  11 degrees minus 41 minutes minus 3.5 seconds
    53  West a distance of 609.87 to a point on the westerly line of  East  Park
    54  Drive;  Thence  southerly,  at azimuth South 06 degrees minus 06 minutes
    55  minus 34 seconds East a distance of  213.00  feet  to  a  point;  Thence
    56  westerly,  at azimuth South 75 degrees minus 49 minutes minus 34 seconds
        S. 8116--A                          3
     1  East a distance of 180.00 to a point; Thence southerly, at azimuth South
     2  07 degrees minus 00 minutes minus 26 seconds East a distance  of  236.09
     3  feet  to  a  point on the northerly line of E.G.H. Youngmann Expressway;
     4  Thence  westerly,  at azimuth South 75 degrees minus 49 minutes minus 54
     5  seconds East a distance 133.68 feet to the point and place of beginning;
     6  Said parcel containing 6.48 acres more or less.
     7    § 5. In the event that the parklands described in section four of this
     8  act to be acquired and dedicated by the town of  Tonawanda  pursuant  to
     9  this  act  are  not  equal to or greater than the parklands described in
    10  section three of this act being alienated, the town of  Tonawanda  shall
    11  dedicate  the  difference  of  the  fair market value of the lands to be
    12  alienated and the lands to be dedicated for  the  acquisition  of  addi-
    13  tional parklands and/or capital improvements to existing park and recre-
    14  ational facilities.
    15    §  6.  In  the  event  that the town of Tonawanda received any funding
    16  support or assistance from the  federal  government  for  the  purchase,
    17  maintenance  or  improvement of the parklands set forth in section three
    18  of this act, the discontinuance and alienation of such parklands author-
    19  ized by the provisions of section three of  this  act  shall  not  occur
    20  until  the  town of Tonawanda has complied with any federal requirements
    21  pertaining to the alienation or conversion of such parklands,  including
    22  satisfying  the secretary of the interior that the alienation or conver-
    23  sion complies with all conditions which the secretary  of  the  interior
    24  deems  necessary  to  assure  the  substitution  of other lands shall be
    25  equivalent in fair market value and usefulness to the lands being alien-
    26  ated or converted.
    27    § 7. This act shall take effect immediately.