Bill Text: NY S07842 | 2013-2014 | General Assembly | Introduced


Bill Title: Authorizes the city of Yonkers to discontinue the use of certain lands as parklands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A10078A [S07842 Detail]

Download: New_York-2013-S07842-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7842
                                   I N  S E N A T E
                                     June 13, 2014
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Cultural Affairs,
         Tourism, Parks and Recreation
       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 and
    7  after the city of Yonkers council holds a public hearing with notice.
    8    S 3. The land to be discontinued as parkland is described as  follows:
    9  Beginning  at  a  point at the northwesterly terminus of Bartholdi Place
   10  (paper street) and runs thence from said point of beginning  along  said
   11  westerly  street  boundary South 08 deg. 50 min. 39 sec. West a distance
   12  of 75.00 feet to its intersection with the boundary line  between  lands
   13  now  or formerly of City of Yonkers as described in Liber 10271 of deeds
   14  at page 197 on the South and Irving Park on the North; thence along said
   15  boundary line North 81 deg. 09 min. 21 sec. West a  distance  of  113.19
   16  feet  to  its  intersection  with the boundary line between lands now or
   17  formerly of New York Central Railroad Company on  the  West  and  Irving
   18  Park  on  the East; thence along said boundary line along a curve to the
   19  right having a radius of 4,003.00 feet, an arc distance of 228.81  feet,
   20  (the  chord  for  the above last described course being North 02 deg. 23
   21  min. 02 sec. East a distance of 228.78 feet) to  its  intersection  with
   22  the  boundary  line  between  lands now or formerly of One Point Street,
   23  Inc.  as described in Liber 46261 of deeds at page 403 on the North  and
   24  Irving  Park  on the South; thence along said lands of One Point Street,
   25  Inc., in part, and along the southerly terminus of Glenwood Terrace,  in
   26  part,  and  a second parcel owned by One Point Street, Inc. as described
   27  in Liber 50148 of deeds at page 3185, South 72 deg. 43 min. 13 sec. East
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15493-02-4
       S. 7842                             2
    1  a distance of 191.00 feet to its intersection  with  the  boundary  line
    2  between  lands  now  or formerly of Starke as described in Liber 6963 of
    3  deeds at page 259 on the East and Irving Park on the West; thence  along
    4  the  common  boundary line between lands now or formerly of Starke, City
    5  of Yonkers, Cardy, and Singh, South 08 deg.  50  min.  39  sec.  West  a
    6  distance  of  124.31  feet  to  its  intersection with the boundary line
    7  between lands now or formerly of 801B, LLC. as described in Liber  41079
    8  of  deeds  at page 529 on the South and Irving Park on the North; thence
    9  along said boundary line, in part, and along the northerly  terminus  of
   10  Bartholdi  Place, in part, North 81 deg. 09 min. 21 sec. West a distance
   11  of 50.00 feet to the point or place of beginning and  containing  0.778
   12  acres of land.
   13    S  4.  The  replacement  land  to be dedicated by the City of Yonkers,
   14  County of Westchester,  to  use  as  parkland  for  public  purposes  is
   15  described  as  follows:  Parcel  1: Beginning at a point on the easterly
   16  boundary of Ravine Avenue at its intersection  with  the  boundary  line
   17  between  Lot  59  on the north and Lot 58 on the south, said point lying
   18  100.00 feet Northerly, along the easterly  boundary  of  Ravine  Avenue,
   19  from  the  northerly  boundary of Gold Street; and runs thence from said
   20  point of beginning Northerly a distance of  75.00  feet  to  its  inter-
   21  section with the boundary line between Lot 62 on the north and Lot 61 on
   22  the  south; thence Easterly perpendicular to Ravine Avenue, and parallel
   23  with Gold Street, a distance of 100.00 feet to its intersection with the
   24  common boundary line between Lots 48, 49, and 50 on the east, and  lands
   25  herein  described on the west thence Southerly along said boundary line,
   26  and parallel with Ravine Avenue, a distance of 75.00 feet to its  inter-
   27  section  with  the  above first mentioned boundary line; thence Westerly
   28  along said boundary line, and parallel with Gold Street  a  distance  of
   29  100.00 feet to the point or place of beginning and containing 7.500  sq.
   30  ft.  of land. Parcel 2: Beginning at a point on the easterly boundary of
   31  Ravine Avenue and its intersection with the boundary line between Lot 64
   32  on the north and Lot 63 on the south,  said  points  lying  225.00  feet
   33  Northerly, along the easterly boundary of Ravine Avenue, from the north-
   34  erly  boundary of Gold Street; and runs thence from said point of begin-
   35  ning Northerly a distance of 100.00 feet to its  intersection  with  the
   36  boundary  line  between  Lot  68  on  the north and Lot 67 on the south;
   37  thence Easterly perpendicular to Ravine Avenue, and parallel  with  Gold
   38  Street,  a  distance  of 100.00 feet to its intersection with the common
   39  boundary line between Lots 42, 43, 44 and 45  on  the  east,  and  lands
   40  herein described on the west; thence Southerly along said boundary line,
   41  and parallel with Ravine Avenue, a distance of 100.00 feet to its inter-
   42  section  with  the  above first mentioned boundary line; thence Westerly
   43  along said boundary, and parallel with Gold Street a distance of  100.00
   44  feet  to  the point or place of beginning and containing 10,000  sq. ft.
   45  of land. Parcel 3: Beginning at a point  on  the  easterly  boundary  of
   46  Ravine  Avenue  at its intersection line between land now or formerly of
   47  the City of Yonkers on the north and land now or formerly  of  Mukherjee
   48  on the south, said point lying 376.00 feet Northerly, along the easterly
   49  boundary  of  Ravine  Avenue, from the northerly boundary f Gold Street;
   50  and runs thence from said point of beginning  Northerly  a  distance  of
   51  49.00  feet to its intersection with the boundary line between Lot 72 on
   52  the north and Lot 71  on  the  south;  then  Easterly  perpendicular  to
   53  Ravine,  and parallel with Gold Street, a distance of 100.00 feet to its
   54  intersection with the common boundary line between Lots 38 and 39 on the
   55  east, and lands herein described on the  west;  thence  Southerly  along
   56  said boundary line, and parallel with Ravine Avenue, a distance of 49.00
       S. 7842                             3
    1  feet  to  its intersection with the above first mentioned boundary line;
    2  thence Westerly along said boundary line, and parallel with Gold  Street
    3  distance  of 100.00 feet to the point or place of beginning and contain-
    4  ing 4,900  sq. ft. of land.
    5    S  5.  In  the  event  that  the lands to be acquired, as described in
    6  section four of this act, are not equal or greater in fair market  value
    7  that  the  lands  being alienated, as described in section three of this
    8  act, the city of Yonkers shall  dedicate  the  difference  in  the  fair
    9  market  value  for  the  acquisition  of additional parklands and/or for
   10  capital improvements to existing park and recreational facilities.
   11    S 6. If the land that is the subject of this act has received  funding
   12  pursuant to the federal land and water conservation fund, the discontin-
   13  uance  of  parklands  authorized by the provisions of this act shall not
   14  occur until the municipality has complied with the federal  requirements
   15  pertaining  to  the  conversion  of  parklands, including satisfying the
   16  secretary of the interior  that  the  discontinuance  will  include  all
   17  conditions which the secretary of the interior deems necessary to assure
   18  the substitution of other lands shall be equivalent in fair market value
   19  and recreational usefulness to the lands being discontinued.
   20    S 7. This act shall take effect immediately.
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