S T A T E O F N E W Y O R K
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5224--B
2025-2026 Regular Sessions
I N S E N A T E
February 19, 2025
___________
Introduced by Sen. ROLISON -- 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 in relation to authorizing 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. (a) Subject to the provisions of this act, the town of
Union Vale, in the county of Dutchess, acting by and through its govern-
ing 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 two of this act
for the placement and operation of a wireless communication tower. In
addition, the town of Union Vale, in the county of Dutchess, acting by
and through its town board is hereby authorized to convey an easement to
Homeland Towers, LLC over certain municipally owned parklands described
in section three of this act, to install and maintain an access road for
the purposes described in section three of this act, provided that the
thoroughfare shall be publicly accessible and able to be used for park
purposes.
(b) All proceeds from such lease shall be used for capital improve-
ments to existing park and recreation facilities and/or for the acquisi-
tion of additional park and recreational facilities, and the town of
Union Vale shall dedicate an amount equal to or greater than the fair
market value of the easement interests being conveyed by section one of
this act for capital improvements to existing park and recreational
facilities and/or for the acquisition of additional park and recreation-
al facilities.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09606-05-5
S. 5224--B 2
§ 2. The parklands authorized by section one of this act to be leased
are more particularly described as follows:
LEASE AREA A -
Said Lease Area A located East of Deforest Lane in the Town of Beek-
man, County of Dutchess, New York, located within the land conveyed by
Jean McKinney Connor by deed and recorded in the Dutchess County Clerk's
Office on February 4, 1974 in book 1377 of deeds at page 66 and are 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;
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
§ 3. The easement to be conveyed by section one of this act is more
particularly described as follows:
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 located within the land conveyed by Jean McKinney
Connor by deed and recorded in the Dutchess County Clerk's Office on
February 4, 1974 in book 1377 of Deeds at page 66, said easement area
being described as follows:
Beginning at a point on the west bounds of Lease Area A, 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;
S. 5224--B 3
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 leased lands described in section two 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, and the easement
described in section three of this act for access shall also revert and
be extinguished. At the time of such reversion, the removal of such
wireless communication tower and the access road 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 sections two
and three of this act, the discontinuance and alienation of such park-
land authorized 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.
