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A10078 Summary:

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A10078 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10078--A
 
                   IN ASSEMBLY
 
                                      June 11, 2014
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
          read once and  referred  to  the  Committee  on  Cities  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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    § 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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15493-03-4
        A. 10078--A                         2
 
     1  in Liber 50148 of deeds at page 3185, South 72 deg. 43 min. 13 sec. East
     2  a  distance  of  191.00  feet to its intersection with the boundary line
     3  between lands now or formerly of Starke as described in  Liber  6963  of
     4  deeds  at page 259 on the East and Irving Park on the West; thence along
     5  the common boundary line between lands now or formerly of  Starke,  City

     6  of  Yonkers,  Cardy,  and  Singh,  South  08 deg. 50 min. 39 sec. West a
     7  distance of 124.31 feet to  its  intersection  with  the  boundary  line
     8  between  lands now or formerly of 801B, LLC. as described in Liber 41079
     9  of deeds at page 529 on the South and Irving Park on the  North;  thence
    10  along  said  boundary line, in part, and along the northerly terminus of
    11  Bartholdi Place, in part, North 81 deg. 09 min. 21 sec. West a  distance
    12  of  50.00  feet to the point or place of beginning and containing 0.778±
    13  acres of land.
    14    § 4. The replacement land to be dedicated  by  the  City  of  Yonkers,
    15  County  of  Westchester,  to  use  as  parkland  for  public purposes is
    16  described as follows: Parcel 1: Beginning at a  point  on  the  easterly
    17  boundary  of  Ravine  Avenue  at its intersection with the boundary line

    18  between Lot 59 on the north and Lot 58 on the south,  said  point  lying
    19  100.00  feet  Northerly,  along  the easterly boundary of Ravine Avenue,
    20  from the northerly boundary of Gold Street; and runs  thence  from  said
    21  point  of  beginning  Northerly  a  distance of 75.00 feet to its inter-
    22  section with the boundary line between Lot 62 on the north and Lot 61 on
    23  the south; thence Easterly perpendicular to Ravine Avenue, and  parallel
    24  with Gold Street, a distance of 100.00 feet to its intersection with the
    25  common  boundary line between Lots 48, 49, and 50 on the east, and lands
    26  herein described on the west thence Southerly along said boundary  line,
    27  and  parallel with Ravine Avenue, a distance of 75.00 feet to its inter-
    28  section with the above first mentioned boundary  line;  thence  Westerly
    29  along  said  boundary  line, and parallel with Gold Street a distance of

    30  100.00 feet to the point or place of beginning and containing 7.500± sq.
    31  ft. of land. Parcel 2: Beginning at a point on the easterly boundary  of
    32  Ravine Avenue and its intersection with the boundary line between Lot 64
    33  on  the  north  and  Lot  63 on the south, said points lying 225.00 feet
    34  Northerly, along the easterly boundary of Ravine Avenue, from the north-
    35  erly boundary of Gold Street; and runs thence from said point of  begin-
    36  ning  Northerly  a  distance of 100.00 feet to its intersection with the
    37  boundary line between Lot 68 on the north  and  Lot  67  on  the  south;
    38  thence  Easterly  perpendicular to Ravine Avenue, and parallel with Gold
    39  Street, a distance of 100.00 feet to its intersection  with  the  common
    40  boundary  line  between  Lots  42,  43, 44 and 45 on the east, and lands
    41  herein described on the west; thence Southerly along said boundary line,

    42  and parallel with Ravine Avenue, a distance of 100.00 feet to its inter-
    43  section with the above first mentioned boundary  line;  thence  Westerly
    44  along  said boundary, and parallel with Gold Street a distance of 100.00
    45  feet to the point or place of beginning and containing 10,000±  sq.  ft.
    46  of  land.  Parcel  3:  Beginning  at a point on the easterly boundary of
    47  Ravine Avenue at its intersection line between land now or  formerly  of
    48  the  City  of Yonkers on the north and land now or formerly of Mukherjee
    49  on the south, said point lying 376.00 feet Northerly, along the easterly
    50  boundary of Ravine Avenue, from the northerly boundary  f  Gold  Street;
    51  and  runs  thence  from  said point of beginning Northerly a distance of
    52  49.00 feet to its intersection with the boundary line between Lot 72  on
    53  the  north  and  Lot  71  on  the  south; then Easterly perpendicular to

    54  Ravine, and parallel with Gold Street, a distance of 100.00 feet to  its
    55  intersection with the common boundary line between Lots 38 and 39 on the
    56  east,  and  lands  herein  described on the west; thence Southerly along
        A. 10078--A                         3
 
     1  said boundary line, and parallel with Ravine Avenue, a distance of 49.00
     2  feet to its intersection with the above first mentioned  boundary  line;
     3  thence  Westerly along said boundary line, and parallel with Gold Street
     4  distance  of 100.00 feet to the point or place of beginning and contain-
     5  ing 4,900± sq. ft. of land.
     6    § 5. In the event that the lands  to  be  acquired,  as  described  in
     7  section  four of this act, are not equal or greater in fair market value
     8  that the lands being alienated, as described in section  three  of  this

     9  act,  the  city  of  Yonkers  shall  dedicate the difference in the fair
    10  market value for the acquisition  of  additional  parklands  and/or  for
    11  capital improvements to existing park and recreational facilities.
    12    §  6. If the land that is the subject of this act has received funding
    13  pursuant to the federal land and water conservation fund, the discontin-
    14  uance of parklands authorized by the provisions of this  act  shall  not
    15  occur  until the municipality has complied with the federal requirements
    16  pertaining to the conversion  of  parklands,  including  satisfying  the
    17  secretary  of  the  interior  that  the  discontinuance will include all
    18  conditions which the secretary of the interior deems necessary to assure
    19  the substitution of other lands shall be equivalent in fair market value
    20  and recreational usefulness to the lands being discontinued.

    21    § 7. This act shall take effect immediately.