Assembly Bill A11386

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11386
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. P. Carroll)
   -- read once and referred to the Committee on Local Governments
 
 AN ACT in relation to authorizing the town  of  Clarkstown  in  Rockland
   county to alienate certain lands used as parklands for the purposes of
   installing a cellular tower
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) Subject to the provisions of  this  act,  the  town  of
 Clarkstown, in the county of Rockland, acting by and through its govern-
 ing  body and upon such terms and conditions as determined by such board
 is hereby authorized to discontinue as parklands and to lease   at  fair
 market  value  to  Homeland  Towers  LLC  for a term not to exceed forty
 years, the lands more particularly described in section two of this  act
 for the placement and operation of a wireless communication tower.
   (b)  All  proceeds  from such lease shall be used for capital improve-
 ments to existing park and recreational facilities and/or for the acqui-
 sition of additional park and recreational facilities.
   § 2. The parklands authorized by section one of this act to be  leased
 are described as follows:
   All  that  tract  or parcel of land being a Proposed Alienation Parcel
 situate in the Town of Clarkstown, County of Rockland and State  of  New
 York; being bounded and described as follows:
   Beginning  at the northwest corner of said Proposed Alienation Parcel,
 said point being North 83°38'58" East a distance of 324.65 feet from the
 northwest corner of lands of the  Town  of  Clarkstown  (Instrument  No.
 2020-00000341),  being  on  the easterly bounds of Brewery Road; running
 thence North 83°38'58" East along the northerly bounds of lands of  Town
 of  Clarkstown  (Instrument No. 2020-00000341) a distance of 119.06 feet
 to a point; running thence along the easterly,  southerly  and  westerly
 bounds  of said Proposed Alienation Parcel, through the lands of Town of
 Clarkstown (Instrument No. 2020-00000341), the following  three  courses
 and distances:
   1) South 06°21'02" East 80.00 feet;
   2) South 83°38'58" West 119.06 feet;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15903-01-6
 A. 11386                            2
 
   3) North 06°21'01" West 80.00 feet;
   to  the  point  of  beginning. Containing 0.219 acre of land. Bearings
 refer to True North.
   Being a portion of the  same  premises  described  in  Instrument  No.
 2020-00000341 Deeds filed at the Rockland County Clerk's Office.
   Subject to any easements recorded and unrecorded.
   Subject to the rights of the public over Brewery Road.
   For  details  of  monumentation and other evidence reference is hereby
 made to a map entitled:
   "Existing Conditions Survey of  a  Portion  of  Premises  of  Town  of
 Clarkstown  ...",  dated  November  11, 2025, revised on March 13, 2026,
 prepared by Lawson Surveying and Mapping, Oneonta, N.Y.
   § 3.  Should the lands described in section two of this act  cease  to
 be used for the purposes described in section one of this act, the lease
 shall  terminate  and those lands shall revert to the town of Clarkstown
 for public park and recreational purposes.  At the time of  such  rever-
 sion,  the removal of such wireless communication tower shall take place
 and the property shall be returned to  its  previous  state,  consistent
 with park and recreational purposes.
   §  4.  In  the  event that the town of Clarkstown received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or improvement of the parklands set forth in section two of
 this act, the discontinuance and alienation of such parkland  authorized
 by  the provisions of this act shall not occur until the town of Clarks-
 town has complied with any federal requirements pertaining to the alien-
 ation or conversion of parklands, including satisfying the secretary  of
 the  interior that the alienation or conversion complies with all condi-
 tions which the secretary of the interior deems necessary to assure  the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.