Authorizes the town of Union Vale, county of Dutchess, to alienate and discontinue the use of certain parklands and to lease the lands to Homeland Towers, LLC for the placement and operation of a wireless communications tower.
STATE OF NEW YORK
________________________________________________________________________
5851--B
2025-2026 Regular Sessions
IN ASSEMBLY
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 --
again reported from said committee with amendments, 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:
1 Section 1. (a) Subject to the provisions of this act, the town of
2 Union Vale, in the county of Dutchess, acting by and through its govern-
3 ing body, and upon such terms and conditions as determined by such body,
4 is hereby authorized to discontinue as parklands and to lease at fair
5 market value to Homeland Towers, LLC for a term not to exceed thirty
6 years the lands more particularly described in section two of this act
7 for the placement and operation of a wireless communication tower. In
8 addition, the town of Union Vale, in the county of Dutchess, acting by
9 and through its town board is hereby authorized to convey an easement to
10 Homeland Towers, LLC over certain municipally owned parklands described
11 in section three of this act, to install and maintain an access road for
12 the purposes described in section three of this act, provided that the
13 thoroughfare shall be publicly accessible and able to be used for park
14 purposes.
15 (b) All proceeds from such lease shall be used for capital improve-
16 ments to existing park and recreation facilities and/or for the acquisi-
17 tion of additional park and recreational facilities, and the town of
18 Union Vale shall dedicate an amount equal to or greater than the fair
19 market value of the easement interests being conveyed by section one of
20 this act for capital improvements to existing park and recreational
21 facilities and/or for the acquisition of additional park and recreation-
22 al facilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09606-04-5
A. 5851--B 2
1 § 2. The parklands authorized by section one of this act to be leased
2 are more particularly described as follows:
3 LEASE AREA A -
4 Said Lease Area A located East of Deforest Lane in the Town of Beek-
5 man, County of Dutchess, New York, located within the land conveyed by
6 Jean McKinney Connor by deed and recorded in the Dutchess County Clerk's
7 Office on February 4, 1974 in book 1377 of deeds at page 66 and are more
8 particularly described as follows:
9 Beginning at the Northwesterly Corner of Lease Area A herein
10 described; said point being S. 46° 54' 51" E, 395.94 feet from a north-
11 west corner of the parent parcel to the place and point of beginning;
12 Thence S 80° 09' 23" W for 75 feet to a point; Thence S 09° 05' 97" E
13 for 70 feet to a point; Thence N 80° 09' 23" E for 75 feet to a point;
14 Thence N 09° 05' 97" W for 70 feet to the point of beginning.
15 Parcel Contains: 5,250.00 square feet (0.120 acre) more or less of
16 land
17 § 3. The easement to be conveyed by section one of this act is more
18 particularly described as follows:
19 EASEMENT AREA A -
20 BEEKMAN II 43 DEFOREST LANE, BEEKMAN, NY
21 A 12-foot-wide by 470-foot easement for vehicular and pedestrian
22 access to Lease Area A and for utilities to service the structures in
23 Lease Area A along the existing roadway which runs from Deforest Lane to
24 the Lease Area A located within the land conveyed by Jean McKinney
25 Connor by deed and recorded in the Dutchess County Clerk's Office on
26 February 4, 1974 in book 1377 of Deeds at page 66, said easement area
27 being described as follows:
28 Beginning at a point on the west bounds of Lease Area A, said point
29 being N 09°50'37" E a distance of 26.86 feet from the southwest corner
30 of said Lease Area; running thence westerly along the southerly bounds
31 of said Access Drive the following nine courses and distances:
32 1) on a curve to the left, with a radius of 10.00 feet, an arc length
33 of 15.71 feet and a Delta angle of 89°59'46";
34 2) N 80°09'23" W 11.41 feet to a point, thence;
35 3) on a curve to the left, with a radius of 94.00 feet, an arc length
36 of 9.52 feet and a Delta angle of 05°48'13";
37 4) N 85°57'35" W 101.13 feet to a point, thence;
38 5) on a curve to the left, with a radius of 150.00 feet, an arc length
39 of 49.82 feet and a Delta angle of 19°01'44";
40 6) S 75°00'40" W 165.12 feet to a point, thence;
41 7) on a curve to the left, with a radius of 33.08 feet, an arc length
42 of 25.82 feet and a Delta angle of 44°43'07";
43 8) S 30°17'21" W 39.62 feet to a point, thence;
44 9) on a curve to the right, with a radius of 77.45 feet, an arc length
45 of 49.96 feet and a Delta angle of 36°57'24";
46 To a point on the easterly edge of Deforest Lane; running thence N
47 14°04'26" W along the easterly edge of DeForest Lane a distance of 12.09
48 feet to a point; continuing thence easterly along the northerly bounds
49 of said Access Drive the following nine courses and distances:
50 1) on a curve to the left, with a radius of 65.45 feet, an arc length
51 of 40.85 feet and a Delta angle of 35°45'39";
52 2) N 30°17'21" E 39.16 feet to a point, thence;
53 3) on a curve to the right, with a radius of 45.08 feet, an arc length
54 of 35.18 feet and a Delta angle of 44°43'13";
55 4) N 75°00'38" E 165.12 feet to a point, thence;
A. 5851--B 3
1 5) on a curve to the right, with a radius of 162.00 feet, an arc
2 length of 53.80 feet and a Delta angle of 19°01'44";
3 6) S 85°57'35" E 101.13 feet to a point, thence;
4 7) on a curve to the right, with a radius of 106.00 feet, an arc
5 length of 10.74 feet and a Delta angle of 05°48'13";
6 8) S 80°09'23" E 11.41 feet to a point, thence;
7 9) on a curve to the left, with a radius of 10.00 feet, an arc length
8 of 15.71 feet and a Delta angle of 90°00'00";
9 To a point on the west bounds of said Lease Area; running thence South
10 09°50'37" West along the west bounds of said Lease Area a distance of
11 32.00 feet to the point of beginning;
12 Parcel Contains: 5,621.637 square feet (0.129 acre) more or less of
13 land
14 § 4. Should the leased lands described in section two of this act
15 cease to be used for the purposes described in section one of this act,
16 the lease shall terminate and those lands shall revert to the town of
17 Union Vale for public park and recreational purposes, and the easement
18 described in section three of this act for access shall also revert and
19 be extinguished. At the time of such reversion, the removal of such
20 wireless communication tower and the access road shall take place and
21 the property shall be returned to its previous state, consistent with
22 park and recreational purposes.
23 § 5. In the event that the town of Union Vale received any funding
24 support or assistance from the federal government for the purchase,
25 maintenance or improvement of the parklands set forth in sections two
26 and three of this act, the discontinuance and alienation of such park-
27 land authorized by the provisions of this act shall not occur until the
28 town of Union Vale has complied with any federal requirements pertaining
29 to the alienation or conversion of parkland, including satisfying the
30 secretary of the interior that the alienation or conversion complies
31 with all conditions which the secretary of the interior deems necessary
32 to assure the substitution of other lands shall be equivalent in fair
33 market value and usefulness to the lands being alienated or converted.
34 § 6. This act shall take effect immediately.
