Assembly Bill A5851B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5851
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Local Governments
 
 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.
                                                            LBD09606-01-5
              

 A. 5851                             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.
   Parcel  Contains:  5,250.00  square  feet (0.120 acre) more or less of
 land
   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
 A. 5851                             3
 
   §  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  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5851--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- 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  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, LLC 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 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.
                                                            LBD09606-02-5
              

 A. 5851--A                          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.
   Parcel  Contains:  5,250.00  square  feet (0.120 acre) more or less of
 land
   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
 A. 5851--A                          3
 
   §  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  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.