Bill Text: NY A10078 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the city of Yonkers to discontinue the use of certain lands as parklands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-22 - signed chap.138 [A10078 Detail]

Download: New_York-2013-A10078-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10078
                                 I N  A S S E M B L Y
                                     June 11, 2014
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
         read once and referred to the Committee on Cities
       AN ACT in relation to the substitution of certain parkland in  the  city
         of Yonkers, county of Westchester
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The city of  Yonkers,  county  of  Westchester,  is  hereby
    2  authorized  to  discontinue  as  parkland  the land described in section
    3  three of this act.
    4    S 2. The authorization contained in section one of this act shall only
    5  be effective on the condition that the city of  Yonkers  use  the  lands
    6  described in section three of this act in part for school purposes.
    7    S  3. The land to be discontinued as parkland is described as follows:
    8  Beginning at a point at the northwesterly terminus  of  Bartholdi  Place
    9  (paper  street)  and runs thence from said point of beginning along said
   10  westerly street boundary South 08 deg. 50 min. 39 sec. West  a  distance
   11  of  75.00  feet to its intersection with the boundary line between lands
   12  now or formerly of City of Yonkers as described in Liber 10271 of  deeds
   13  at page 197 on the South and Irving Park on the North; thence along said
   14  boundary  line  North  81 deg. 09 min. 21 sec. West a distance of 113.19
   15  feet to its intersection with the boundary line  between  lands  now  or
   16  formerly  of  New  York  Central Railroad Company on the West and Irving
   17  Park on the East; thence along said boundary line along a curve  to  the
   18  right  having a radius of 4,003.00 feet, an arc distance of 228.81 feet,
   19  (the chord for the above last described course being North  02  deg.  23
   20  min.  02  sec.  East a distance of 228.78 feet) to its intersection with
   21  the boundary line between lands now or formerly  of  One  Point  Street,
   22  Inc.   as described in Liber 46261 of deeds at page 403 on the North and
   23  Irving Park on the South; thence along said lands of One  Point  Street,
   24  Inc.,  in part, and along the southerly terminus of Glenwood Terrace, in
   25  part, and a second parcel owned by One Point Street, Inc.  as  described
   26  in Liber 50148 of deeds at page 3185, South 72 deg. 43 min. 13 sec. East
   27  a  distance  of  191.00  feet to its intersection with the boundary line
   28  between lands now or formerly of Starke as described in  Liber  6963  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15493-01-4
       A. 10078                            2
    1  deeds  at page 259 on the East and Irving Park on the West; thence along
    2  the common boundary line between lands now or formerly of  Starke,  City
    3  of  Yonkers,  Cardy,  and  Singh,  South  08 deg. 50 min. 39 sec. West a
    4  distance  of  124.31  feet  to  its  intersection with the boundary line
    5  between lands now or formerly of 801B, LLC. as described in Liber  41079
    6  of  deeds  at page 529 on the South and Irving Park on the North; thence
    7  along said boundary line, in part, and along the northerly  terminus  of
    8  Bartholdi  Place, in part, North 81 deg. 09 min. 21 sec. West a distance
    9  of 50.00 feet to the point or place of beginning and  containing  0.778
   10  acres of land.
   11    S  4.  The  replacement  land  to be dedicated by the City of Yonkers,
   12  County of Westchester,  to  use  as  parkland  for  public  purposes  is
   13  described  as  follows:  Parcel  1: Beginning at a point on the easterly
   14  boundary of Ravine Avenue at its intersection  with  the  boundary  line
   15  between  Lot  59  on the north and Lot 58 on the south, said point lying
   16  100.00 feet Northerly, along the easterly  boundary  of  Ravine  Avenue,
   17  from  the  northerly  boundary of Gold Street; and runs thence from said
   18  point of beginning Northerly a distance of  75.00  feet  to  its  inter-
   19  section with the boundary line between Lot 62 on the north and Lot 61 on
   20  the  south; thence Easterly perpendicular to Ravine Avenue, and parallel
   21  with Gold Street, a distance of 100.00 feet to its intersection with the
   22  common boundary line between Lots 48, 49, and 50 on the east, and  lands
   23  herein  described on the west thence Southerly along said boundary line,
   24  and parallel with Ravine Avenue, a distance of 75.00 feet to its  inter-
   25  section  with  the  above first mentioned boundary line; thence Westerly
   26  along said boundary line, and parallel with Gold Street  a  distance  of
   27  100.00 feet to the point or place of beginning and containing 7.500  sq.
   28  ft.  of land. Parcel 2: Beginning at a point on the easterly boundary of
   29  Ravine Avenue and its intersection with the boundary line between Lot 64
   30  on the north and Lot 63 on the south,  said  points  lying  225.00  feet
   31  Northerly, along the easterly boundary of Ravine Avenue, from the north-
   32  erly  boundary of Gold Street; and runs thence from said point of begin-
   33  ning Northerly a distance of 100.00 feet to its  intersection  with  the
   34  boundary  line  between  Lot  68  on  the north and Lot 67 on the south;
   35  thence Easterly perpendicular to Ravine Avenue, and parallel  with  Gold
   36  Street,  a  distance  of 100.00 feet to its intersection with the common
   37  boundary line between Lots 42, 43, 44 and 45  on  the  east,  and  lands
   38  herein described on the west; thence Southerly along said boundary line,
   39  and parallel with Ravine Avenue, a distance of 100.00 feet to its inter-
   40  section  with  the  above first mentioned boundary line; thence Westerly
   41  along said boundary, and parallel with Gold Street a distance of  100.00
   42  feet  to  the point or place of beginning and containing 10,000  sq. ft.
   43  of land. Parcel 3: Beginning at a point  on  the  easterly  boundary  of
   44  Ravine  Avenue  at its intersection line between land now or formerly of
   45  the City of Yonkers on the north and land now or formerly  of  Mukherjee
   46  on the south, said point lying 376.00 feet Northerly, along the easterly
   47  boundary  of  Ravine  Avenue, from the northerly boundary f Gold Street;
   48  and runs thence from said point of beginning  Northerly  a  distance  of
   49  49.00  feet to its intersection with the boundary line between Lot 72 on
   50  the north and Lot 71  on  the  south;  then  Easterly  perpendicular  to
   51  Ravine,  and parallel with Gold Street, a distance of 100.00 feet to its
   52  intersection with the common boundary line between Lots 38 and 39 on the
   53  east, and lands herein described on the  west;  thence  Southerly  along
   54  said boundary line, and parallel with Ravine Avenue, a distance of 49.00
   55  feet  to  its intersection with the above first mentioned boundary line;
   56  thence Westerly along said boundary line, and parallel with Gold  Street
       A. 10078                            3
    1  distance  of 100.00 feet to the point or place of beginning and contain-
    2  ing 4,900  sq. ft. of land.
    3    S  5.  In  the  event  that  the lands to be acquired, as described in
    4  section four of this act, are not equal or greater in fair market  value
    5  that  the  lands  being alienated, as described in section three of this
    6  act, the city of Yonkers shall  dedicate  the  difference  in  the  fair
    7  market  value  for  the  acquisition  of additional parklands and/or for
    8  capital improvements to existing park and recreational facilities.
    9    S 6. If the land that is the subject of this act has received  funding
   10  pursuant to the federal land and water conservation fund, the discontin-
   11  uance  of  parklands  authorized by the provisions of this act shall not
   12  occur until the municipality has complied with the federal  requirements
   13  pertaining  to  the  conversion  of  parklands, including satisfying the
   14  secretary of the interior  that  the  discontinuance  will  include  all
   15  conditions which the secretary of the interior deems necessary to assure
   16  the substitution of other lands shall be equivalent in fair market value
   17  and recreational usefulness to the lands being discontinued.
   18    S 7. This act shall take effect immediately.
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