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A08903 Summary:

BILL NOA08903C
 
SAME ASSAME AS S08852-C
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the county of Putnam to lease certain lands used as parklands in the town of Carmel for use as a cell tower for thirty years.
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A08903 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8903--C
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 16, 2025
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on  Local Governments -- recommitted to the Committee on Local Govern-
          ments in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, 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 county of Putnam to lease  certain
          lands used as 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  county  of
     2  Putnam, acting by and through its governing body and upon such terms and
     3  conditions as determined by such body is hereby authorized to discontin-
     4  ue  as  parklands and lease at fair market value to Homeland Towers, LLC
     5  for a term not to  exceed  thirty  years  the  lands  more  particularly
     6  described  in  section  two of this act for the purposes of installing a
     7  160 foot cellular tower with associated equipment shelter, backup gener-
     8  ators, and telecommunications equipment.   In addition,  the  county  of
     9  Putnam, acting by and through its governing body is hereby authorized to
    10  convey  an  easement  to  Homeland  Towers, LLC over certain municipally
    11  owned park lands described in section three of this act, to maintain  an
    12  access  road  for  the  purposes described in section three of this act,
    13  provided that the thoroughfare shall be publicly accessible and able  to
    14  be used for park purposes.
    15    (b)  All  proceeds  from such lease shall be used for capital improve-
    16  ments to existing park and recreational facilities and/or for the acqui-
    17  sition of additional park and recreational facilities, and the county of
    18  Putnam shall dedicate an amount equal to or greater than the fair market

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13376-06-6

        A. 8903--C                          2
 
     1  value of the easement interests being conveyed by this section for capi-
     2  tal improvements to existing park and recreational facilities and/or for
     3  the acquisition of additional park and recreational facilities.
     4    § 2. The parklands authorized by section one of this act to be discon-
     5  tinued  as  parklands  and  leased  are  more  particularly described as
     6  follows:
     7    LEASE AREA A -
     8    All that tract or parcel of land being situate in the Town of  Carmel,
     9  County  of  Putnam and State of New York; being bounded and described as
    10  follows:
    11    Beginning at the southeast corner of said Lease Area A described here-
    12  in, said point being South 88°05'38" West 1118.79 feet from  the  north-
    13  east corner of lands of Putnam County
    14    (L  1903 P 263); running thence along the bounds of said Lease Area A,
    15  through the lands of Putnam County (L 1903, P 263), the  following  five
    16  courses and distances:
    17  1) North 90°00'00" West 77.80 feet along the northerly bounds of a Ease-
    18  ment Area A;
    19  2) North 00°00'00" West 19.95 feet;
    20  3) North 43°02'02" East 20.47 feet;
    21  4) North 90°00'00" East 63.83 feet;
    22  5)  South 00°00'00" East 34.91 feet along the easterly bounds of a Ease-
    23  ment Area A
    24  to the point of beginning. Having an area of  2611.35  square  feet,  or
    25  0.060 acres of land, more or less.
    26  Bearings refer to True North.
    27    §  3.  The  easement to be conveyed by section one of this act is more
    28  particularly described as follows:
    29  EASEMENT AREA A -
    30  A 20-foot-wide easement for vehicular and  pedestrian  access  to  Lease
    31  Area A and for utilities to service the structures in Lease Area A along
    32  the  existing  roadway which runs from Hill Street to Lease Area A, said
    33  easement area being described as follows:
    34  All that tract or parcel of land being situate in the  Town  of  Carmel,
    35  County  of  Putnam and State of New York; being bounded and described as
    36  follows:
    37  Beginning at the southeast corner of said Lease Area A described herein,
    38  said point being South 88°05'38" West 1118.79 feet  from  the  northeast
    39  corner of lands of Putnam County
    40    (L  1903 P 263); running thence along the bounds of said Easement Area
    41  A, through the lands of Putnam County (L 1903,  P  263),  the  following
    42  thirty courses and distances:
    43  1)  North  00°00'00"  West 34.91 feet along the easterly bounds of Lease
    44  Area A;
    45  2) North 90°00'00" East 20.00 feet;
    46  3) South 00°00'00" East 30.14 feet;
    47  4) South 26°50'52" East 41.26 feet;
    48  5) South 00°00'00" East 84.64 feet;
    49  6) South 12°11'45" East 66.94 feet;
    50  7) South 89°43'14" East 32.02 feet;
    51  8) North 89°00'03" East 50.56 feet;
    52  9) North 83°51'59" East 158.55 feet;
    53  10) North 79°22'14" East 70.82 feet;
    54  11) North 76°52'09" East 68.75 feet;
    55  12) North 75°07'10" East 49.73 feet;

        A. 8903--C                          3
 
     1  13) on a curve to the right, having a radius of 460.00', an  arc  length
     2  of 196.02', and a delta angle of 24°24'55";
     3  14) South 80°27'55" East 142.07 feet;
     4  15) South 81°12'58" East 108.14 feet;
     5  16) South 79°06'03" East 79.26 feet to a point on the westerly bounds of
     6  Hill Street;
     7  17)  South  29°10'31"  West 21.06 feet along the westerly bounds of Hill
     8  Street;
     9  18) North 79°06'03" West 72.29 feet
    10  19) North 81°12'58" West 107.90 feet;
    11  20) North 80°27'55" West 142.20 feet;
    12  21) thence with a curve to the left, having a radius of 440.00', an  arc
    13  length of 187.50', and a delta angle of 24°24'55";
    14  22) South 75°07'10" West 50.03 feet;
    15  23) South 76°52'09" West 69.49 feet;
    16  24) South 79°22'14" West 72.04 feet;
    17  25) South 83°51'59" West 160.24 feet;
    18  26) South 89°00'03" West 51.68 feet;
    19  27) North 89°43'14" West 48.31 feet;
    20  28) North 12°11'45" West 85.13 feet;
    21  29) North 00°00'00" West 82.00 feet;
    22  30) North 26°50'52" West 41.26 feet;
    23  31) North 26°50'52" West 18.84 feet;
    24  32) North 90°00'00" West 87.92 feet;
    25  33) North 00°00'00" West 20.00 feet;
    26  34) North 90°00'00" East 77.80 feet; along the southerly bounds of Lease
    27  Area A
    28  to  the  point  of beginning. Having an area of 25495.69 square feet, or
    29  0.585 acres of land, more or less.
    30  Bearings refer to True North.
    31    § 4. Should the leased lands described in  section  two  of  this  act
    32  cease  to be used for the purposes described in section one of this act,
    33  the lease shall terminate and those lands shall revert to the county  of
    34  Putnam  for  public  park  and  recreational  purposes  and the easement
    35  described in section three of this act for access shall also revert  and
    36  be  extinguished.  At  the  time  of such reversion, the removal of such
    37  cellular tower, associated equipment  shelter,  backup  generators,  and
    38  telecommunications  equipment shall take place and the property shall be
    39  returned to its previous state, consistent with  park  and  recreational
    40  purposes.
    41    §  5.  In  the  event  that  the county of Putnam received any funding
    42  support or assistance from the  federal  government  for  the  purchase,
    43  maintenance  or  improvement  of the parklands set forth in sections two
    44  and three of this act, the discontinuance and alienation of  such  park-
    45  land  authorized  by  the  provisions  of this act shall not occur until
    46  Putnam county has complied with any federal requirements  pertaining  to
    47  the  alienation  or  conversion  of  parklands, including satisfying the
    48  secretary of the interior that the  alienation  or  conversion  complies
    49  with  all conditions which the secretary of the interior deems necessary
    50  to assure the substitution of other lands shall be  equivalent  in  fair
    51  market value and usefulness to the lands being alienated or converted.
    52    § 6. This act shall take effect immediately.
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