NY State Assembly Bill 2011-A2689

Assembly Bill A2689

2011-2012 Legislative Session

Authorizes the city of Yonkers to discontinue the use of certain city lands as parkland and to sell and convey such lands

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2011	enacting clause stricken
Jan 20, 2011	referred to cities

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2011-A2689 (ACTIVE) - Details

Law Section:: Parks
Versions Introduced in 2009-2010 Legislative Session:: A3927

2011-A2689 (ACTIVE) - Summary

Authorizes the city of Yonkers to discontinue the use of certain city lands as parkland and to sell and convey such lands.

2011-A2689 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2689

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M. of A. PRETLOW, SPANO -- read once and referred to the
  Committee on Cities

AN ACT to authorize the  city  of  Yonkers,  county  of  Westchester  to
  discontinue  the use of certain city lands as parkland and to sell and
  convey such lands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The city of Yonkers, Westchester county, is hereby author-
ized to discontinue as parklands and alienate, sell and convey the lands
described  in  section three of this act and in exchange therefor, dedi-
cate as parklands the lands described in section four of this act,  such
land to be used for park purposes.
  S  2.  Notwithstanding  the  failure of the city of Yonkers to seek or
receive state legislative authorization to alienate certain of the park-
lands described in section three of this act and used for  public  park-
ing, such use is validated, ratified and confirmed.
  S 3. The lands to be discontinued as parklands and alienated, sold and
conveyed are described as follows:
  Parcel 1. All that certain piece or parcel of land located in the city
of Yonkers, Westchester County, more particularly described as follows:
BEGINNING  AT  A  POINT,  SAID  POINT  BEING DISTANT 47.69 FEET FROM THE
INTERSECTION OF THE SOUTHWESTERLY BOUNDARY OF NEW MAIN  STREET  AND  THE
NORTHEASTERLY  BOUNDARY  OF  NEPPERHAN  AVENUE; RUNNING THENCE ALONE THE
NORTHERLY BOUNDARY OF NEPPERHAN AVENUE ON A CURVE TO THE RIGHT HAVING  A
RADIUS  OF  526.00 FEET AND AN ARC LENGTH OF 105.34 FEET TO A POINT; AND
THENCE S 74°23'40" W A DISTANCE OF 138.10 FEET TO A POINT;  AND  RUNNING
THENCE  N  14°57'34"  W A DISTANCE OF 58.07 FEET TO A POINT; AND RUNNING
THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND AN ARC
LENGTH OF 40.40 FEET; AND RUNNING THENCE ON A CURVE TO THE LEFT HAVING A
RADIUS OF 150.00 FEET AND AN ARC LENGTH OF 114.89 FEET TO A  POINT;  AND
RUNNING  THENCE N 36°47"49' W A DISTANCE OF 238.24 FEET TO A POINT;  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03047-01-1

A. 2689                             2

RUNNING THENCE N 54°42'49" E A DISTANCE OF 51.69 FEET TO  A  POINT;  AND
RUNNING  THENCE  S  48°48'47" E A DISTANCE OF 85.36 FEET TO A POINT; AND
RUNNING THENCE N 53°02'49" E A DISTANCE OF 125.51 FEET TO A POINT,  SAID
POINT  BEING  LOCATED ON THE WESTERLY BOUNDARY OF THE AFOREMENTIONED NEW
MAIN STREET; AND RUNNING THENCE ALONG THE WESTERLY BOUNDARY OF NEW  MAIN
STREET THE FOLLOWING TWO COURSES AND DISTANCES: S 36°25'59" E A DISTANCE
OF  116.29  FEET AND S 37°03'10" E A DISTANCE OF 263.94 FEET TO A POINT;
THENCE RUNNING S 33°52'41" W A DISTANCE OF 54.50 TO A POINT; AND
THENCE S 58°01'41" E A DISTANCE OF 10.72 FEET TO THE POINT OF BEGINNING.
Parcel 2: All that certain piece or parcel of land located in  the  City
of Yonkers, Westchester County, more particularly described as follows:
BEGINNING AT A POINT OF INTERSECTION FORMED BY THE NORTHEASTERLY LINE OF
SOUTH BROADWAY (75 FEET WIDE) WITH THE LINE DIVIDING LOTS 66 & 72, BLOCK
490,  SAID  POINT  BEING  DISTANT  THE FOLLOWING TWO (2) COURSES FOR THE
TERMINUS OF A CURVE CONNECTING THE SOUTHERLY  LINE  OF  NEPERHAN  AVENUE
(WIDTH  VARIES) WITH SAID NORTHEASTERLY LINE OF SOUTH BROADWAY, AND FROM
SAID POINT OF BEGINNING RUNNING, THENCE:
ALONG A CURVE TO THE LEFT, HAVING A RADIUS  OF  1,234.08  FEET,  AN  ARC
LENGTH  OF  189.11  FEET,  A  CENTRAL  ANGLE OF 08 DEGREES-46 MINUTES-48
SECONDS, BEARING A CHORD OF SOUTH 32 DEGREES-44 MINUTES-45 SECONDS EAST,
A CHORD DISTANCE OF 188.92 FEET TO A POINT OF CURVATURE, THENCE;
ALONG A CURVE TO THE LEFT, HAVING A RADIUS  OF  4,870.00  FEET,  AN  ARC
LENGTH  OF  188.21  FEET,  A  CENTRAL  ANGLE OF 02 DEGREES-12 MINUTES-52
SECONDS, BEARING A CHORD OF SOUTH 35 DEGREES-59 MINUTES-21 SECONDS EAST,
A CHORD DISTANCE OF 188.20 FEET TO THE POINT  AND  PLACE  OF  BEGINNING,
THENCE;
ALONG  A  CURVE  TO  THE RIGHT, HAVING A RADIUS OF 4,870.00 FEET, AN ARC
LENGTH OF 7.93  FEET,  A  CENTRAL  ANGLE  OF  00  DEGREES-05  MINUTES-36
SECONDS, BEARING A CHORD OF NORTH 37 DEGREES-02 MINUTES-59 SECONDS WEST,
A CHORD DISTANCE OF 7.93 FEET TO A POINT, THENCE;
ALONG  A  LINE THROUGH LOT 72, BLOCK 490, NORTH 74 DEGREES-27 MINUTES-33
SECONDS EAST, A DISTANCE OF 70.74 FEET TO A POINT OF CURVATURE, THENCE;
ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 21.50 FEET, AN ARC  LENGTH
OF 8.70 FEET, A CENTRAL ANGLE OF 23 DEGREES-10 MINUTES-50 SECONDS, BEAR-
ING  A  CHORD  OF  NORTH  62 DEGREES-52 MINUTES-08 SECONDS EAST, A CHORD
DISTANCE OF 8.64 FEET TO A POINT, THENCE;
ALONG THE DIVIDING LINE BETWEEN LOTS  72  &  80,  BLOCK  490,  SOUTH  15
DEGREES-15 MINUTES-46 SECONDS EAST, A DISTANCE OF 10.27 FEET TO A POINT,
THENCE;
ALONG  THE  DIVIDING  LINE  BETWEEN  LOTS  66  & 72, BLOCK 490, SOUTH 75
DEGREES-19 MINUTES-07 SECONDS WEST, A DISTANCE  OF  76.25  FEET  TO  THE
POINT AND PLACE OF BEGINNING.
Parcel  3:  All that certain piece or parcel of land located in the City
of Yonkers, Westchester County, more particularly described as follows:
BEGINNING AT A POINT OF INTERSECTION FORMED BY THE LINE DIVIDING LOTS 20
& 72, BLOCK 490, WITH THE NORTHWESTERLY LINE OF GUION  STREET  (33  FEET
WIDE), SAID POINT BEING MEASURED, SOUTH 04 DEGREES-15 MINUTES-55 SECONDS
WEST, A DISTANCE OF 109.88 FEET FROM THE POINT OF INTERSECTION FORMED BY
THE  WESTERLY LINE OF NEW MAIN STREET (50 FEET WIDE) WITH SAID NORTHWES-
TERLY LINE OF GUION STREET, AND FROM SAID POINT OF  BEGINNING,  RUNNING,
THENCE;
ALONG  SAID  NORTHWESTERLY  LINE  OF GUION STREET, SOUTH 04 DEGREES - 15
MINUTES - 55 SECONDS WEST, A DISTANCE OF 176.82 FEET TO A POINT, THENCE;
ALONG THE DIVIDING LINE BETWEEN LOTS  72  &  66,  BLOCK  490,  SOUTH  75
DEGREES  -  19  MINUTES - 07 SECONDS WEST, A DISTANCE OF 69.42 FEET TO A
POINT, THENCE;

A. 2689                             3

  ALONG THE DIVIDING LINE BETWEEN LOTS 72 & 80, BLOCK 490, THE FOLLOWING
FIVE (5) COURSES:
  1.  NORTH  15  DEGREES  -  15 MINUTES - 46 SECONDS WEST, A DISTANCE OF
138.95 FEET TO A POINT, THENCE;
  2. SOUTH 74 DEGREES - 44 MINUTES - 14  SECONDS  WEST,  A  DISTANCE  OF
283.00 FEET TO A POINT, THENCE;
  3.  NORTH  15  DEGREES  -  15 MINUTES - 46 SECONDS WEST, A DISTANCE OF
14.99 FEET TO A POINT, THENCE;
  4. SOUTH 74 DEGREES - 44 MINUTES - 14  SECONDS  WEST,  A  DISTANCE  OF
55.00 FEET TO A POINT, THENCE;
  5. NORTH 15 DEGREES - 15 MINUTES -46 SECONDS WEST, A DISTANCE OF 12.00
FEET TO A POINT, THENCE;
ALONG  THE  SOUTHEASTERLY  LINE  OF TERRACE PLACE (30 FEET WIDE, PRIVATE
ROAD), ALONG THE DIVIDING LINE BETWEEN LOTS 3, 18, 21, 24  &  72,  BLOCK
490,  NORTH  74  DEGREES  -  44 MINUTES - 14 SECONDS EAST, A DISTANCE OF
466.52 FEET TO THE POINT AND PLACE OF BEGINNING.
Parcel 4: All that certain piece or parcel of land located in  the  City
of Yonkers, Westchester County, more particularly described as follows:
BEGINNING  AT A POINT AT THE NORTHWESTERLY CORNER OF SECTION 1 BLOCK 486
LOT 1 OF THE OFFICIAL TAX MAP OF THE CITY OF YONKERS AS THE SAID TAX MAP
WAS ON DECEMBER 16, 1936, SAID POINT BEING NORTH 57°  57'  50"  EAST,  A
DISTANCE  OF  230.04  FEET  AS  MEASURED ALONG THE SOUTHEASTERLY LINE OF
PALISADE AVENUE (FORMERLY KNOWN AS FACTORY  STREET)  AS  ESTABLISHED  BY
"MAP OF SURVEY OF PROPERTY NO. 8 PALISADE AVENUE AND SE COR. OF NEW MAIN
STREET  AND THRU TO JAMES STREET-YONKERS, NY" PREPARED BY CHAS. J. DEAR-
ING, DATED OCTOBER 27, 1937, LAST UPDATED AUGUST 29, 1938 ON FILE AT THE
OFFICE OF THE TITLE GUARANTEE AND TRUST COMPANY AS TITLE NOS.  6-001012,
6-002540,   6-002693  AND  6-002941,  FROM  ITS  INTERSECTION  WITH  THE
NORTHEASTERLY LINE OF  NEW  MAIN  STREET  (FORMERLY  KNOWN  AS  MECHANIC
STREET)  AS  ESTABLISHED  BY "SURVEY OF PROPERTY SITUATED IN THE CITY OF
YONKERS" PREPARED BY CHAS. J. DEARING, DATED NOVEMBER 12, 1948  ON  FILE
AT  THE  OFFICE  OF  THE  TITLE GUARANTEE AND TRUST COMPANY AS TITLE NO.
6-024537 AND "MAP OF SURVEY OF PROPERTY NOS.  117 TO 125 AND NO. 131 NEW
MAIN STREET - YONKERS, NY" PREPARED BY JOHN E. WARNECK,  DATED  DECEMBER
4,  1948  ON FILE AT THE OFFICE OF THE TITLE GUARANTEE AND TRUST COMPANY
AS TITLE NO. 6-024537, TO THE INTERSECTION OF THE AFOREMENTIONED  SOUTH-
EASTERLY  LINE  OF  PALISADE AVENUE WITH THE SOUTHWESTERLY LINE OF JAMES
STREET, THENCE CROSSING PART WAY ACROSS  JAMES  STREET  NORTH  57°16'09"
EAST,  A  DISTANCE  OF 34.84 FEET, THENCE ALONG A LINE PARALLEL WITH THE
PRESENT NORTHEASTERLY LINE OF JAMES  STREET,  SOUTH  35°45'08"  EAST,  A
DISTANCE OF 129.96 FEET TO THE INTERSECTION OF THE SOUTHEASTERLY LINE OF
ENGINE PLACE WITH THE NORTHEASTERLY LINE OF JAMES STREET AS SHOWN ON THE
OFFICIAL  TAX MAP OF THE CITY OF YONKERS AS SAID TAX MAP WAS ON DECEMBER
16, 1936, CONTINUING FROM SAID POINT OF BEGINNING:
  ALONG THE AFOREMENTIONED SOUTHEASTERLY LINE OF ENGINE PLACE,
THENCE NORTH 70°56'38" EAST, A DISTANCE OF 157.00 FEET,
  THENCE SOUTH 19°03'22" EAST, A DISTANCE OF 81.00 FEET TO THE NORTHWES-
TERLY LINE OF JOHN STREET,
  ALONG THE AFOREMENTIONED NORTHWESTERLY LINE OF JOHN STREET,
  THENCE SOUTH 70°56'38" WEST, A DISTANCE OF 132.70 FEET TO  THE  AFORE-
MENTIONED  NORTHEASTERLY  LINE  OF JAMES STREET AS SHOWN ON THE OFFICIAL
TAX MAP OF THE CITY OF YONKERS AS SAID TAX MAP WAS ON DECEMBER 16, 1936,
  ALONG THE AFOREMENTIONED NORTHEASTERLY LINE OF JAMES STREET  AS  SHOWN
ON  THE  OFFICIAL  TAX MAP OF THE CITY OF YONKERS AS SAID TAX MAP WAS ON
DECEMBER 16, 1936,

A. 2689                             4

  THENCE NORTH 35°45'08" WEST, A DISTANCE OF 84.57 FEET TO THE POINT  OR
PLACE OF BEGINNING.
Containing in all 2.93 acres more or less.
Subject to easements, covenants and restriction of record.
  S  4.  The replacement lands to be dedicated by the city of Yonkers to
use as parkland for public park purposes are  located  in  the  city  of
Yonkers,  Westchester county comprise a total of 8.25 acres more or less
and particularly described as follows:
Parcel 1. All that certain piece or parcel of land located in  the  City
of Yonkers, Westchester County, at 101 Odell Avenue, Block 3515, Lot 100
and being more particularly bounded and described as follows:
  BEGINNING  at  a point on the easterly side of Odell Avenue a distance
of 1,244.40 feet northerly as measured along the northerly and  easterly
sides  of  Odell  Avenue  from the intersection of the northerly side of
Odell Avenue with the westerly side of North Broadway
  THENCE from said point of beginning the following two (2) courses  and
distances along the easterly and northerly side of Odell Avenue:
1.  North  00    degrees 15 minutes 30 seconds East a distance of 100.00
feet to a point;
2. South 89 degrees 34 minutes 00 seconds West a distance of 50.00  feet
to a point on the easterly side of the Croton Aqueduct;
  Thence  the following two (2) courses and distances along the easterly
side of the Croton Aqueduct:
1. North 00 degrees 26 minutes 00 seconds West a distance of 427.16 feet
to a point;
2. Along the arc of curve to the right having a radius of 460.00 feet an
arc length of 91.51 feet to a point on the southerly side of land now or
formerly of the County of Westchester;
  thence along the southerly side of land now or formerly of the  County
of Westchester South 73 degrees 05 minutes 00 seconds East a distance of
399.63  feet  to  a point; thence South 29 degrees 31 minutes 20 seconds
West a distance of 454.11 feet to a point; thence South  11  degrees  41
minutes  57  seconds  West  a  distance of 96.72 feet to a point; thence
South 92 degrees 56 minutes 51 seconds West a distance of 94.37 feet  to
the easterly side of Odell Avenue and the point of beginning.
Described parcel contains an area of 143,165.01 square feet or 3.3 acres
more or less.
  Parcel 2: All that certain piece or parcel of land located in the City
of  Yonkers,  Westchester  County, located at 1061 North Broadway, Block
3515, Lot 115 and being  more  particularly  bounded  and  described  as
follows:
  BEGINNING at a point where the westerly side of North Broadway (Rt. 9)
intersects the northerly side of Odell Avenue;
  THENCE  from said point of beginning the following six (6) courses and
distances along the northerly and easterly side of Odell Avenue:
  1. South 87 degrees 31 minutes 00 seconds West a  distance  of  170.59
feet to a point;
  2. Along the arc of a curve to the right having a radius of 75.00 feet
an arc length of 46.05 feet to a point;
  3.  North  57  degrees 18 minutes 00 seconds West a distance of 197.22
feet to a point;
  4. Along the arc of a curve to the right having a radius of 75.00 feet
an arc length of 88.75 feet to a point;
  5. North 10 degrees 29 minutes 52 seconds East a  distance  of  340.46
feet to a point;

A. 2689                             5

  6.  North  00  degrees 15 minutes 30 seconds East a distance of 401.33
feet to a point;
  thence North 82 degrees 56 minutes 51 seconds East a distance of 94.37
feet  to  a  point; thence South 16 degrees 26 minutes 04 seconds East a
distance of 319.07 feet to a point;
  thence South 00 degrees 25 minutes  39  seconds  East  a  distance  of
350.00  feet  to  a point; thence South 68 degrees 44 minutes 52 seconds
East a distance of 256.00 feet to a point on the westerly side of  North
Broadway;
  thence  along  the westerly side of North Broadway South 21 degrees 05
minutes 18 seconds West a distance of 200.00 feet to the northerly  side
of Odell Avenue and the point of beginning.
Described  parcel  contains  an  area  of 215,463.48 square feet or 4.95
acres more or less.
  S 5. In the event that the replacement city parklands to be  dedicated
in section four of this act are not equal to twice the size of the lands
to  be  alienated  in  section three of this act, or are not equal to or
greater than the fair market value of  the  lands  to  be  alienated  in
section three of this act, the city of Yonkers shall dedicate additional
city-owned  lands  for  parkland and/or cause funds to be made available
for capital improvements to its existing park and  recreational  facili-
ties, as necessary, to equal such fair market value.
  S  6.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the  city  of  Yonkers  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior that the conversion complies with all conditions which  the  Secre-
tary of the Interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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