Bill Text: NY S06743 | 2023-2024 | General Assembly | Amended

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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 (Democrat 1-0)

Status: (Passed) 2023-09-15 - SIGNED CHAP.458 [S06743 Detail]

Download: New_York-2023-S06743-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6743--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 8, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10765-04-3
        S. 6743--A                          2

     1  RADIUS OF 827.45, AND A CENTRAL ANGLE OF 11° 43' 02" AND LENGTH OF CURVE
     2  OF 169.22' TO A POINT, THENCE ALONG THE SAID  SOUTHERLY  BOUNDS  OF  THE
     3  SAID  LANDS  OF  THE  TOWN  OF  YORKTOWN, S. 59° 00' 00", 30.91' W. TO A
     4  POINT,  THENCE  THROUGH  THE  SAID  LANDS  OF  THE TOWN OF YORKTOWN, THE
     5  FOLLOWING SEVEN (7) COURSES AND DISTANCES:
     6    1. N. 02° 32' 58" W., 73.43', THENCE
     7    2. N. 46° 38' 01" W., 30.01', THENCE
     8    3. N. 57° 33' 50" W., 25.29', THENCE
     9    4. N. 79° 32' 32" W., 26.30', THENCE
    10    5. N. 88° 20' 33" W., 45.30'. THENCE
    11    6. N. 22° 16' 51" W., 26.30', THENCE
    12    7. N. 01° 32' 48" E., 31.46' TO A POINT OF THE SOUTHERLY BOUNDS OF  US
    13  ROUTE  6 (SH 1309), THENCE ALONG SAID SOUTHERLY BOUNDS OF US ROUTE 6 (SH
    14  1309) ON A CURVE TO THE LEFT HAVING A RADIUS OF 1412.5,  AND  A  CENTRAL
    15  ANGLE  OF  05°  09'  02"  AND LENGTH OF CURVE OF 126.98' TO THE POINT OR
    16  PLACE OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS.
    17    § 4. Should the lands described in section three of this act cease  to
    18  be used for the purposes described in section one of this act, the lease
    19  shall terminate and those lands shall revert to the town of Yorktown for
    20  public  park  and  recreational purposes. At the time of such reversion,
    21  the removal of the radio transmission tower facility  shall  take  place
    22  and  the  property  shall  be returned to its previous state, consistent
    23  with park and recreational purposes.
    24    § 5. In the event that the  town  of  Yorktown  received  any  funding
    25  support  or  assistance  from  the  federal government for the purchase,
    26  maintenance or improvement of the parklands set forth in  section  three
    27  of this act, the discontinuance and alienation of such parklands author-
    28  ized  by  the  provisions  of this act shall not occur until the town of
    29  Yorktown has complied with any federal requirements  pertaining  to  the
    30  alienation  or  conversion of parklands, including satisfying the secre-
    31  tary of the interior that the alienation or conversion complies with all
    32  conditions which the secretary of the interior deems necessary to assure
    33  the substitution of other lands shall be equivalent in fair market value
    34  and usefulness to the lands being alienated or converted.
    35    § 6. This act shall take effect immediately.