S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6501
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize the town of  Union  Vale,  county  of  Dutchess,  to
   alienate and discontinue the use of certain parklands
 
   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  Union
 Vale,  in  the  county  of Dutchess, acting by and through its governing
 body, and upon such terms and conditions as determined by such body,  is
 hereby  authorized  to  discontinue  as  parklands  and to lease at fair
 market value to Homeland Towers for an initial term of  ten  years  with
 the  right to extend up to six five-year renewals the lands more partic-
 ularly described in section three of this  act  for  the  placement  and
 operation of a wireless communication tower.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the town of Union Vale  dedicates
 an  amount  equal  to or greater than the fair market value of the park-
 lands being discontinued towards the acquisition of new parklands and/or
 towards capital  improvements  to  existing  parkland  and  recreational
 facilities.
   §  3. The lands authorized by section one of this act to be discontin-
 ued as parklands and leased are described as follows:
   LEASE AREA A -
   Said Lease Area A containing approximately 5,250 square feet  or  .120
 acres of land within a parcel, located East of Deforest Lane in the Town
 of  Beekman,  County  of Dutchess, New York.  Located within the land of
 grantors described in book 1377, page 66.   More particularly  described
 as follows:
   Beginning   at  the  Northwesterly  Corner  of  Lease  Area  A  herein
 described; said point being S. 46° 54' 51" E, 395.94 feet from a  north-
 west corner of the parent parcel to the place and point of beginning;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13276-01-9

 S. 6501                             2
 
   Thence  S 80° 09' 23" W for 75 feet to a point; Thence S 09° 05' 97" E
 for 70 feet to a point; Thence N 80° 09' 23" E for 75 feet to  a  point;
 Thence N 09° 05' 97" W for 70 feet to the point of beginning.
   EASEMENT AREA A -
   BEEKMAN II 43 DEFOREST LANE, BEEKMAN, NY
   A  12-foot-wide  by  470-foot  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 Deforest Lane to
 the Lease Area A, said easement area being described as follows:
   A  certain  Access  Drive located East of Deforest Lane in the Town of
 Beekman, County of Dutchess, New York; containing 5621.637  square  feet
 (0.129  acre)  more or less of land. Located within land of the grantors
 described in book 1377 page 66. Said parcel is described as follows:
   Beginning at a point on the west bounds of a Lease  Area,  said  point
 being  N  09°50'37" E a distance of 26.86 feet from the southwest corner
 of said Lease Area; running thence westerly along the  southerly  bounds
 of said Access Drive the following nine courses and distances:
   1)  on a curve to the left, with a radius of 10.00 feet, an arc length
 of 15.71 feet and a Delta angle of 89°59'46";
   2) N 80°09'23" W 11.41 feet to a point, thence;
   3) on a curve to the left, with a radius of 94.00 feet, an arc  length
 of 9.52 feet and a Delta angle of 05°48'13";
   4) N 85°57'35" W 101.13 feet to a point, thence;
   5) on a curve to the left, with a radius of 150.00 feet, an arc length
 of 49.82 feet and a Delta angle of 19°01'44";
   6) S 75°00'40" W 165.12 feet to a point, thence;
   7)  on a curve to the left, with a radius of 33.08 feet, an arc length
 of 25.82 feet and a Delta angle of 44°43'07";
   8) S 30°17'21" W 39.62 feet to a point, thence;
   9) on a curve to the right, with a radius of 77.45 feet, an arc length
 of 49.96 feet and a Delta angle of 36°57'24";
   To a point on the easterly edge of Deforest  Lane;  running  thence  N
 14°04'26" W along the easterly edge of DeForest Lane a distance of 12.09
 feet  to  a point; continuing thence easterly along the northerly bounds
 of said Access Drive the following nine courses and distances:
   1) on a curve to the left, with a radius of 65.45 feet, an arc  length
 of 40.85 feet and a Delta angle of 35°45'39";
   2) N 30°17'21" E 39.16 feet to a point, thence;
   3) on a curve to the right, with a radius of 45.08 feet, an arc length
 of 35.18 feet and a Delta angle of 44°43'13";
   4) N 75°00'38" E 165.12 feet to a point, thence;
   5)  on  a  curve  to  the  right, with a radius of 162.00 feet, an arc
 length of 53.80 feet and a Delta angle of 19°01'44";
   6) S 85°57'35" E 101.13 feet to a point, thence;
   7) on a curve to the right, with a  radius  of  106.00  feet,  an  arc
 length of 10.74 feet and a Delta angle of 05°48'13";
   8) S 80°09'23" E 11.41 feet to a point, thence;
   9)  on a curve to the left, with a radius of 10.00 feet, an arc length
 of 15.71 feet and a Delta angle of 90°00'00";
   To a point on the west bounds of said Lease Area; running thence South
 09°50'37" West along the west bounds of said Lease Area  a  distance  of
 32.00 feet to the point of beginning;
   Parcel  Contains:  5,621.637  square feet (0.129 acre) more or less of
 land
   § 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

 S. 6501                             3
 
 shall  terminate  and those lands shall revert to the town of Union Vale
 for public park and recreational purposes.  At the time of  such  rever-
 sion,  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 Union  Vale  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 parkland author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Union  Vale has complied with any federal requirements pertaining to the
 alienation or conversion of parkland, including satisfying the secretary
 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.