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.
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.
