Bill Text: NY A06701 | 2023-2024 | General Assembly | Amended

---

Bill Title: Authorizes the town of Yorktown, county of Westchester, to discontinue as parklands and lease at fair market value to Homeland Towers, LLC for a term not to exceed 30 years certain lands to make the necessary renovations and operate a radio transmission tower facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-06-08 - substituted by s6743a [A06701 Detail]

Download: New_York-2023-A06701-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         6701--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 4, 2023
                                       ___________

        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on  Local  Governments  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to authorize the town of  Yorktown,  county  of  Westchester,  to
          discontinue as parklands and lease certain lands

          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  York-
     2  town,  county  of Westchester, acting by and through its governing body,
     3  and upon such terms and conditions as determined by such body, is hereby
     4  authorized to discontinue as parklands and lease at fair market value to
     5  Homeland Towers, LLC for a term not to exceed  thirty  years  the  lands
     6  more  particularly  described  in  section three of this act to make the
     7  necessary renovations and operate a radio transmission tower facility.
     8    § 2. The authorization contained in section one of this act  shall  be
     9  effective  only  upon the condition that the town of Yorktown, county of
    10  Westchester, dedicate the proceeds from the lease toward the acquisition
    11  of new parklands and/or capital improvements to existing park and recre-
    12  ational facilities.
    13    § 3. The lands authorized by section one of this act to be  discontin-
    14  ued as parklands and leased are described as follows:
    15    ALL  THAT  CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP OF YORKTOWN,
    16  COUNTY OF WESTCHESTER AND STATE OF NEW YORK, AND BEING A PORTION OF LAND
    17  CONVEYED TO THE TOWN OF YORKTOWN BY DEED BOOK 10175 AT PAGE 203  IN  THE
    18  WESTCHESTER COUNTY CLERK'S OFFICE BOUNDED AND DESCRIBED AS FOLLOWS:
    19    BEGINNING AT A POINT, SAID POINT BEING LOCATED ON THE SOUTHERLY BOUNDS
    20  OF  US ROUTE 6 (SH 1309), SAID POINT ALSO BEING THE NORTHEASTERLY CORNER
    21  OF SAID LANDS OF THE TOWN OF YORKTOWN, AND BEING LOCATED ON THE WESTERLY
    22  BOUNDS OF HILL BOULEVARD, THENCE FROM SAID POINT OF BEGINNING ALONG  THE
    23  SAID  WESTERLY  BOUNDS OF HILL BOULEVARD ON A CURVE TO THE LEFT HAVING A
    24  RADIUS OF 827.45, AND A CENTRAL ANGLE OF 11° 43' 02" AND LENGTH OF CURVE

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10765-03-3
        A. 6701--A                          2

     1  OF 169.22' TO A POINT, THENCE ALONG THE SAID  SOUTHERLY  BOUNDS  OF  THE
     2  SAID  LANDS  OF  THE  TOWN  OF  YORKTOWN, S. 59° 00' 00", 30.91' W. TO A
     3  POINT, THENCE THROUGH THE SAID  LANDS  OF  THE  TOWN  OF  YORKTOWN,  THE
     4  FOLLOWING SEVEN (7) COURSES AND DISTANCES:
     5    1. N. 02° 32' 58" W., 73.43', THENCE
     6    2. N. 46° 38' 01" W., 30.01', THENCE
     7    3. N. 57° 33' 50" W., 25.29', THENCE
     8    4. N. 79° 32' 32" W., 26.30', THENCE
     9    5. N. 88° 20' 33" W., 45.30'. THENCE
    10    6. N. 22° 16' 51" W., 26.30', THENCE
    11    7.  N. 01° 32' 48" E., 31.46' TO A POINT OF THE SOUTHERLY BOUNDS OF US
    12  ROUTE 6 (SH 1309), THENCE ALONG SAID SOUTHERLY BOUNDS OF US ROUTE 6  (SH
    13  1309)  ON  A  CURVE TO THE LEFT HAVING A RADIUS OF 1412.5, AND A CENTRAL
    14  ANGLE OF 05° 09' 02" AND LENGTH OF CURVE OF  126.98'  TO  THE  POINT  OR
    15  PLACE OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS.
    16    §  4. Should the lands described in section three of this act cease to
    17  be used for the purposes described in section one of this act, the lease
    18  shall terminate and those lands shall revert to the town of Yorktown for
    19  public park and recreational purposes. At the time  of  such  reversion,
    20  the  removal  of  the radio transmission tower facility shall take place
    21  and the property shall be returned to  its  previous  state,  consistent
    22  with park and recreational purposes.
    23    §  5.  In  the  event  that  the town of Yorktown received any funding
    24  support or assistance from the  federal  government  for  the  purchase,
    25  maintenance  or  improvement of the parklands set forth in section three
    26  of this act, the discontinuance and alienation of such parklands author-
    27  ized by the provisions of this act shall not occur  until  the  town  of
    28  Yorktown  has  complied  with any federal requirements pertaining to the
    29  alienation or conversion of parklands, including satisfying  the  secre-
    30  tary of the interior that the alienation or conversion complies with all
    31  conditions which the secretary of the interior deems necessary to assure
    32  the substitution of other lands shall be equivalent in fair market value
    33  and usefulness to the lands being alienated or converted.
    34    § 6. This act shall take effect immediately.