senate Bill S7842

Authorizes the city of Yonkers to discontinue the use of certain lands as parklands

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jun / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1627
  • 20 / Jun / 2014
    • SUBSTITUTED BY A10078A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A10078A
Versions:
S7842
Legislative Cycle:
2013-2014
Law Section:
Parks
Versions Introduced in 2013-2014 Legislative Cycle:
A10096

Sponsor Memo

BILL NUMBER:S7842

TITLE OF BILL: An act in relation to the substitution of certain
parkland in the city of Yonkers, county of Westchester

PURPOSE OR GENERAL IDEA OF BILL:

To authorize the discontinuance of a dismantled former neighborhood
park as parkland, and the dedication of vacant land as replacement
parkland.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 authorizes the City of Yonkers to discontinue as parkland
certain land described in Section 3 of this Act in exchange for
certain lands described in Section 4.

Section 2 states that the authorization contained in section one of
this Act shall only be effective on the condition that the City of
Yonkers dedicate such land to be used, in part, for school purposes
and that Section 1 only becomes effective after the City of Yonkers
Council holds a public hearing with notice.

Section 3 provides for description of the land to be discontinued as
parkland.

Section 4 provides for the replacement of land for use as parkland.

Section 5 provides that in the event the replacement land is not of
equal or greater value to the land being replaced, the City of Yonkers
shall dedicate the difference in the fair market value for the
acquisition of additional parkland and/or to improve existing parks
and recreation facilities.

Section 6 provides that if the land that is the subject of this act
has received funding pursuant. To the federal land and water
conservation fund, the discontinuance of parklands authorized by the
provisions of this act shall not occur until the municipality has
complied with the federal requirements pertaining to the conversion of
parklands.

Section 7 sets an immediate effective date.

JUSTIFICATION:

This bill has been introduced at the request of the City of Yonkers.
The parcel to be discontinued as parkland has been identified by the
City of Yonkers Parks and Recreation Department as a dismantled former
neighborhood park. It is the intention of the City of Yonkers to
utilize the parcel towards constructing a school facility. The
neighborhood is presently served by two active parks to the north and
west. An analysis performed by the Yonkers Board of Education reveals
that the location is well suited for the construction of an elementary
school. The three parcels to be dedicated as parkland are City owned
parcels situated across the street from the present park.

PRIOR LEGISLATIVE HISTORY:


New legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State, positive fiscal implication to the City of Yonkers.

EFFECTIVE DATE:

Immediately.

view bill text
                    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:

  Section 1. The city of  Yonkers,  county  of  Westchester,  is  hereby
authorized  to  discontinue  as  parkland  the land described in section
three of this act.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that the city of  Yonkers  use  the  lands
described  in  section three of this act in part for school purposes and
after the city of Yonkers council holds a public hearing with notice.
  S 3. The land to be discontinued as parkland is described as  follows:
Beginning  at  a  point at the northwesterly terminus of Bartholdi Place
(paper street) and runs thence from said point of beginning  along  said
westerly  street  boundary South 08 deg. 50 min. 39 sec. West a distance
of 75.00 feet to its intersection with the boundary line  between  lands
now  or formerly of City of Yonkers as described in Liber 10271 of deeds
at page 197 on the South and Irving Park on the North; thence along said
boundary line North 81 deg. 09 min. 21 sec. West a  distance  of  113.19
feet  to  its  intersection  with the boundary line between lands now or
formerly of New York Central Railroad Company on  the  West  and  Irving
Park  on  the East; thence along said boundary line along a curve to the
right having a radius of 4,003.00 feet, an arc distance of 228.81  feet,
(the  chord  for  the above last described course being North 02 deg. 23
min. 02 sec. East a distance of 228.78 feet) to  its  intersection  with
the  boundary  line  between  lands now or formerly of One Point Street,
Inc.  as described in Liber 46261 of deeds at page 403 on the North  and
Irving  Park  on the South; thence along said lands of One Point Street,
Inc., in part, and along the southerly terminus of Glenwood Terrace,  in
part,  and  a second parcel owned by One Point Street, Inc. as described
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

a distance of 191.00 feet to its intersection  with  the  boundary  line
between  lands  now  or formerly of Starke as described in Liber 6963 of
deeds at page 259 on the East and Irving Park on the West; thence  along
the  common  boundary line between lands now or formerly of Starke, City
of Yonkers, Cardy, and Singh, South 08 deg.  50  min.  39  sec.  West  a
distance  of  124.31  feet  to  its  intersection with the boundary line
between lands now or formerly of 801B, LLC. as described in Liber  41079
of  deeds  at page 529 on the South and Irving Park on the North; thence
along said boundary line, in part, and along the northerly  terminus  of
Bartholdi  Place, in part, North 81 deg. 09 min. 21 sec. West a distance
of 50.00 feet to the point or place of beginning and  containing  0.778±
acres of land.
  S  4.  The  replacement  land  to be dedicated by the City of Yonkers,
County of Westchester,  to  use  as  parkland  for  public  purposes  is
described  as  follows:  Parcel  1: Beginning at a point on the easterly
boundary of Ravine Avenue at its intersection  with  the  boundary  line
between  Lot  59  on the north and Lot 58 on the south, said point lying
100.00 feet Northerly, along the easterly  boundary  of  Ravine  Avenue,
from  the  northerly  boundary of Gold Street; and runs thence from said
point of beginning Northerly a distance of  75.00  feet  to  its  inter-
section with the boundary line between Lot 62 on the north and Lot 61 on
the  south; thence Easterly perpendicular to Ravine Avenue, and parallel
with Gold Street, a distance of 100.00 feet to its intersection with the
common boundary line between Lots 48, 49, and 50 on the east, and  lands
herein  described on the west thence Southerly along said boundary line,
and parallel with Ravine Avenue, a distance of 75.00 feet to its  inter-
section  with  the  above first mentioned boundary line; thence Westerly
along said boundary line, and parallel with Gold Street  a  distance  of
100.00 feet to the point or place of beginning and containing 7.500± sq.
ft.  of land. Parcel 2: Beginning at a point on the easterly boundary of
Ravine Avenue and its intersection with the boundary line between Lot 64
on the north and Lot 63 on the south,  said  points  lying  225.00  feet
Northerly, along the easterly boundary of Ravine Avenue, from the north-
erly  boundary of Gold Street; and runs thence from said point of begin-
ning Northerly a distance of 100.00 feet to its  intersection  with  the
boundary  line  between  Lot  68  on  the north and Lot 67 on the south;
thence Easterly perpendicular to Ravine Avenue, and parallel  with  Gold
Street,  a  distance  of 100.00 feet to its intersection with the common
boundary line between Lots 42, 43, 44 and 45  on  the  east,  and  lands
herein described on the west; thence Southerly along said boundary line,
and parallel with Ravine Avenue, a distance of 100.00 feet to its inter-
section  with  the  above first mentioned boundary line; thence Westerly
along said boundary, and parallel with Gold Street a distance of  100.00
feet  to  the point or place of beginning and containing 10,000± sq. ft.
of land. Parcel 3: Beginning at a point  on  the  easterly  boundary  of
Ravine  Avenue  at its intersection line between land now or formerly of
the City of Yonkers on the north and land now or formerly  of  Mukherjee
on the south, said point lying 376.00 feet Northerly, along the easterly
boundary  of  Ravine  Avenue, from the northerly boundary f Gold Street;
and runs thence from said point of beginning  Northerly  a  distance  of
49.00  feet to its intersection with the boundary line between Lot 72 on
the north and Lot 71  on  the  south;  then  Easterly  perpendicular  to
Ravine,  and parallel with Gold Street, a distance of 100.00 feet to its
intersection with the common boundary line between Lots 38 and 39 on the
east, and lands herein described on the  west;  thence  Southerly  along
said boundary line, and parallel with Ravine Avenue, a distance of 49.00

S. 7842                             3

feet  to  its intersection with the above first mentioned boundary line;
thence Westerly along said boundary line, and parallel with Gold  Street
distance  of 100.00 feet to the point or place of beginning and contain-
ing 4,900± sq. ft. of land.
  S  5.  In  the  event  that  the lands to be acquired, as described in
section four of this act, are not equal or greater in fair market  value
that  the  lands  being alienated, as described in section three of this
act, the city of Yonkers shall  dedicate  the  difference  in  the  fair
market  value  for  the  acquisition  of additional parklands and/or for
capital improvements to existing park and recreational facilities.
  S 6. If the land that is the subject of this act has received  funding
pursuant to the federal land and water conservation fund, the discontin-
uance  of  parklands  authorized by the provisions of this act shall not
occur until the municipality has complied with the federal  requirements
pertaining  to  the  conversion  of  parklands, including satisfying the
secretary of the interior  that  the  discontinuance  will  include  all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 7. This act shall take effect immediately.

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