Bill Text: NY A08297 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the town of Union Vale, county of Dutchess, to alienate and discontinue the use of certain parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-06-13 - referred to local governments [A08297 Detail]

Download: New_York-2019-A08297-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8297

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

        Introduced  by M. of A. LALOR -- read once and referred to the Committee
          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:

     1    Section 1. Subject to the provisions of this act, the  town  of  Union
     2  Vale,  in  the  county  of Dutchess, acting by and through its governing
     3  body, and upon such terms and conditions as determined by such body,  is
     4  hereby  authorized  to  discontinue  as  parklands  and to lease at fair
     5  market value to Homeland Towers for an initial term of  ten  years  with
     6  the  right to extend up to six five-year renewals the lands more partic-
     7  ularly described in section three of this  act  for  the  placement  and
     8  operation of a wireless communication tower.
     9    §  2.  The  authorization provided in section one of this act shall be
    10  effective only upon the condition that the town of Union Vale  dedicates
    11  an  amount  equal  to or greater than the fair market value of the park-
    12  lands being discontinued towards the acquisition of new parklands and/or
    13  towards capital  improvements  to  existing  parkland  and  recreational
    14  facilities.
    15    §  3. The lands authorized by section one of this act to be discontin-
    16  ued as parklands and leased are described as follows:
    17    LEASE AREA A -
    18    Said Lease Area A containing approximately 5,250 square feet  or  .120
    19  acres of land within a parcel, located East of Deforest Lane in the Town
    20  of  Beekman,  County  of Dutchess, New York.  Located within the land of
    21  grantors described in book 1377, page 66.   More particularly  described
    22  as follows:
    23    Beginning   at  the  Northwesterly  Corner  of  Lease  Area  A  herein
    24  described; said point being S. 46° 54' 51" E, 395.94 feet from a  north-
    25  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

        A. 8297                             2

     1    Thence  S 80° 09' 23" W for 75 feet to a point; Thence S 09° 05' 97" E
     2  for 70 feet to a point; Thence N 80° 09' 23" E for 75 feet to  a  point;
     3  Thence N 09° 05' 97" W for 70 feet to the point of beginning.
     4    EASEMENT AREA A -
     5    BEEKMAN II 43 DEFOREST LANE, BEEKMAN, NY
     6    A  12-foot-wide  by  470-foot  easement  for  vehicular and pedestrian
     7  access to Lease Area A and for utilities to service  the  structures  in
     8  Lease Area A along the existing roadway which runs from Deforest Lane to
     9  the Lease Area A, said easement area being described as follows:
    10    A  certain  Access  Drive located East of Deforest Lane in the Town of
    11  Beekman, County of Dutchess, New York; containing 5621.637  square  feet
    12  (0.129  acre)  more or less of land. Located within land of the grantors
    13  described in book 1377 page 66. Said parcel is described as follows:
    14    Beginning at a point on the west bounds of a Lease  Area,  said  point
    15  being  N  09°50'37" E a distance of 26.86 feet from the southwest corner
    16  of said Lease Area; running thence westerly along the  southerly  bounds
    17  of said Access Drive the following nine courses and distances:
    18    1)  on a curve to the left, with a radius of 10.00 feet, an arc length
    19  of 15.71 feet and a Delta angle of 89°59'46";
    20    2) N 80°09'23" W 11.41 feet to a point, thence;
    21    3) on a curve to the left, with a radius of 94.00 feet, an arc  length
    22  of 9.52 feet and a Delta angle of 05°48'13";
    23    4) N 85°57'35" W 101.13 feet to a point, thence;
    24    5) on a curve to the left, with a radius of 150.00 feet, an arc length
    25  of 49.82 feet and a Delta angle of 19°01'44";
    26    6) S 75°00'40" W 165.12 feet to a point, thence;
    27    7)  on a curve to the left, with a radius of 33.08 feet, an arc length
    28  of 25.82 feet and a Delta angle of 44°43'07";
    29    8) S 30°17'21" W 39.62 feet to a point, thence;
    30    9) on a curve to the right, with a radius of 77.45 feet, an arc length
    31  of 49.96 feet and a Delta angle of 36°57'24";
    32    To a point on the easterly edge of Deforest  Lane;  running  thence  N
    33  14°04'26" W along the easterly edge of DeForest Lane a distance of 12.09
    34  feet  to  a point; continuing thence easterly along the northerly bounds
    35  of said Access Drive the following nine courses and distances:
    36    1) on a curve to the left, with a radius of 65.45 feet, an arc  length
    37  of 40.85 feet and a Delta angle of 35°45'39";
    38    2) N 30°17'21" E 39.16 feet to a point, thence;
    39    3) on a curve to the right, with a radius of 45.08 feet, an arc length
    40  of 35.18 feet and a Delta angle of 44°43'13";
    41    4) N 75°00'38" E 165.12 feet to a point, thence;
    42    5)  on  a  curve  to  the  right, with a radius of 162.00 feet, an arc
    43  length of 53.80 feet and a Delta angle of 19°01'44";
    44    6) S 85°57'35" E 101.13 feet to a point, thence;
    45    7) on a curve to the right, with a  radius  of  106.00  feet,  an  arc
    46  length of 10.74 feet and a Delta angle of 05°48'13";
    47    8) S 80°09'23" E 11.41 feet to a point, thence;
    48    9)  on a curve to the left, with a radius of 10.00 feet, an arc length
    49  of 15.71 feet and a Delta angle of 90°00'00";
    50    To a point on the west bounds of said Lease Area; running thence South
    51  09°50'37" West along the west bounds of said Lease Area  a  distance  of
    52  32.00 feet to the point of beginning;
    53    Parcel  Contains:  5,621.637  square feet (0.129 acre) more or less of
    54  land
    55    § 4. Should the lands described in section three of this act cease  to
    56  be used for the purposes described in section one of this act, the lease

        A. 8297                             3

     1  shall  terminate  and those lands shall revert to the town of Union Vale
     2  for public park and recreational purposes.  At the time of  such  rever-
     3  sion,  the removal of such wireless communication tower shall take place
     4  and  the  property  shall  be returned to its previous state, consistent
     5  with park and recreational purposes.
     6    § 5. In the event that the town of Union  Vale  received  any  funding
     7  support  or  assistance  from  the  federal government for the purchase,
     8  maintenance or improvement of the parklands set forth in  section  three
     9  of  this act, the discontinuance and alienation of such parkland author-
    10  ized by the provisions of this act shall not occur  until  the  town  of
    11  Union  Vale has complied with any federal requirements pertaining to the
    12  alienation or conversion of parkland, including satisfying the secretary
    13  of the interior that the alienation  or  conversion  complies  with  all
    14  conditions which the secretary of the interior deems necessary to assure
    15  the substitution of other lands shall be equivalent in fair market value
    16  and usefulness to the lands being alienated or converted.
    17    § 6. This act shall take effect immediately.
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