AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on January 08, 2008 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – DISCONTINUANCE - MARCO AVENUE 6
2. RES. – SETTLEMENT – KAMPEL - $1,928.11 7
3. RES. – APPOINTMENT - AUGUST CAMBRIA 8
4. RES – APPOINTMENT - MARK W. BLANCHARD 9
5. RES. - DISCONTINUANCE OF PARKLANDS 10/25
6. RES. – COMMISSIONER OF DEEDS 26
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM MAYOR PHILIP A. AMICONE: VETO OF GENERAL ORDINANCE
NO. 7-2007:
A GENERAL ORDINANCE AMENDING THE CODE OF THE CITY OF
YONKERS, PART VIII, GARBAGE, LANDFILLS AND PUBLIC UTILITIES
Chapter 91, GARBAGE AND REFUSE ARTICLE III, Leaves, CLIPPINGS
AND GRASS CUTTINGS, CREATING A NEW SUBSECTION ENTITLED
“SEASONAL BAN ON THE USE OF GAS POWERED LEAF BLOWERS”
§ 91-31 COPIES ON DESKS
2. FROM THE YONKERS PLANNING BOARD DATED 01-14-2008: A
REQUEST FOR RECOMMENDATION FROM THE PLANNING BOARD
ON CHANGES TO THE OFFICIAL MAP RELATIVE TO PARKLAND
DEDICATION. COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
COMMUNICATIONS GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
SPECIAL ORDINANCE
1. BY COUNCILMEMBER BARBATO, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH
A SPECIAL ORDINANCE DISCONTINUING A PORTION OF MARCO AVENUE
AS A PUBLIC STREET PURSUANT TO SECTION 29 OF THE GENERAL CITY
LAW.
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. That portion of Marco Avenue, lying between
Smart Avenue and Cerrone Avenue, as shown on the map filed
with the Planning Board of the City of Yonkers is hereby
discontinued as a public street and removed from the Official Map
of the City of Yonkers in its entirety pursuant to Section 29 of the
General City Law.
Section 2. The affected City departments, bureaus and agencies shall
amend the necessary City records, including the Official City Map accordingly.
Section 3. This Special Ordinance shall take effect as provided by law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND NINE HUNDRED TWENTY-EIGHT and 11/100
DOLLARS ($1,928.11) of the action entitled, "LIBERTY MUTUAL
INSURANCE COMPANY a/s/o PHYLLIS KAMPEL (residing at 85 Mohawk
Place, Yonkers, NY 10710) plaintiffs, against THE CITY OF YONKERS,
Defendant", for property damage arising out of an incident in which it is
alleged that a truck owned by the City of Yonkers and assigned to the
Compact Center, struck their vehicle on Tuckahoe Road at or near its
intersection with Mountaindale Road in the City of Yonkers on the 5th day
of February, 2007, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND NINE HUNDRED TWENTY-EIGHT and
11/100 DOLLARS ($1,928.11) in favor of said plaintiff and their attorneys,
Carman, Callahan & Ingram, LLP.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of AUGUST CAMBRIA as
Commissioner of Parks, Recreation and Conservation.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
:
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of MARK W. BLANCHARD as First
Deputy Corporation Counsel.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
RESOLUTION OF THE CITY COUNCIL REQUESTING THE
DISCONTINUANCE OF CERTAIN LANDS USED FOR PARK
PURPOSES
WHEREAS, in furtherance of the objectives of Articles 15 and 15-A
of the General Municipal Law of the State of New York, as amended, the
City of Yonkers (hereinafter referred to as the “City”) and the Yonkers
Community Development Agency (hereinafter referred to as the “Agency”)
have undertaken programs for the acquisition, clearance, re-planning,
reconstruction and neighborhood rehabilitation of slum and blighted areas
in the City of Yonkers, and in this connection, the Agency has been
engaged in carrying out neighborhood development programs and urban
renewal programs, as more particularly set forth in several urban renewal
plans including, but not limited to, the Getty Square Urban Renewal Plan;
and
WHEREAS, on April 4, 2006, the City Council, by Resolution No.
71-2006, approved the terms and provisions of a proposed master
developer designation agreement (“MDDA”) for the designation of
Struever Fidelco Cappelli, LLC (hereinafter referred to as “SFC”) as a
qualified and eligible sponsor for redevelopment of several blighted areas
in urban renewal areas, including the “Chicken Island” section of the Getty
Square Urban Renewal Area (the “Redevelopment Projects”); and
WHEREAS, on May 17, 2006 the Agency, by Resolution, approved
SFC as a qualified and eligible sponsor for redevelopment in accordance
with Articles 15 and 15-A of the General Municipal Law; and
WHEREAS, SFC has identified certain parkland owned by the City
in the Getty Square Urban Renewal Area (the “Current Park Parcels”)
which are required for the proposed redevelopment projects described in
the MDDA; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
WHEREAS, the Current Park Parcels, located in the City of
Yonkers, Westchester County, containing a total of approximately 2.93
acres, to be discontinued as parkland and alienated, sold and conveyed,
subject to easements, covenants and restriction of record, are described
as follows:
(1) Washington Park in the City of Yonkers, Westchester County currently
comprised of a parking garage operated by the Yonkers Parking Authority
and 87 Nepperhan Avenue, a building known as the “Health Center
Building” and used by the City for administrative offices, being more
particularly bound and 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 ALONG
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·74º23'40"·W A DISTANCE OF 138.10 FEET TO A POINT; AND
RUNNING THENCE N·14º57'34"·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·36º47'49"·W A DISTANCE OF
238.24 FEET TO A POINT; AND RUNNING THENCE N·54º42'49"·E A
DISTANCE OF 51.69 FEET TO A POINT; AND RUNNING THENCE S
48º48’47” E A DISTANCE OF 85.36 FEET TO A POINT; AND RUNNING
THENCE N 53º02’49” 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·36º25'59"·E A DISTANCE OF 116.29 FEET AND S·37º03'10"·E A
DISTANCE OF 263.94 FEET TO A POINT; THENCE RUNNING S
33º52’41” W A DISTANCE OF 54.50 TO A POINT; AND THENCE S
58º01’41” E A DISTANCE OF 10.72 FEET TO THE POINT OF
BEGINNING.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
Containing 2.08 acres of land more or less (that are currently occupied by
a parking garage and 87 Nepperhan).
(2) Waring Park consisting of two separate and distinct portions
surrounding the Cacace Center located in the City of Yonkers,
Westchester County, Section 1, Block 490, Lot 72 on the Official Tax Map
of the City of Yonkers, being more particularly bound and described as
follows:
1st Portion: 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
NEPERHAND AVENUE (WIDTH VARIES) WITH SAID
NORTHEASTERLY LINE OF SOUTH BROADWAY, AND FROM SAID
POINT OF BEGINNING RUNNING, THENCE:
A) 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;
B) 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;
1. 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;
2. 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;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
3. 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, BEARING A CHORD
OF NORTH 62 DEGREES – 52 MINUTES – 08 SECONDS EAST, A
CHORD DISTANCE OF 8.64 FEET TO A POINT, THENCE;
4. 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.
Containing 0.014 acres of land more or less.
2nd Portion: 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 NORTHWESTERLY LINE OF
GUION STREET, AND FROM SAID POINT OF BEGINNING, RUNNING,
THENCE;
1. 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;
2. 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; ALONG THE
DIVIDING LINE BETWEEN LOTS 72 & 80, BLOCK 490, THE
FOLLOWING FOUR (4) COURSES;
3. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A
DISTANCE OF 138.95 FEET TO A POINT, THENCE;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
4. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A
DISTANCE OF 283.00 FEET TO A POINT, THENCE;
5. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A
DISTANCE OF 14.99 FEET TO A POINT, THENCE;
6. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A
DISTANCE OF 55.00 FEET TO A POINT, THENCE;
7. 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.
Containing 0.569 acres of land more or less.
(3) Chicken Island parkland adjacent to the Getty Square Parking Lot
located in the City of Yonkers, Westchester County, Section 1, Block 486,
Lots 1 and 4 of the Official Tax Map of the City, more particularly bound
and 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 57º 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. DEARING, 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
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
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
SOUTHEASTERLY LINE OF PALISADE AVENUE WITH THE
SOUTHWESTERLY LINE OF JAMES STREET, THENCE CROSSING
PART WAY ACROSS JAMES STREET NORTH 57º 16’ 09” EAST, A
DISTANCE OF 34.84 FEET, THENCE ALONG A LINE PARALLEL WITH
THE PRESENT NORTHEASTERLY LINE OF JAMES STREET, SOUTH
35º 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 70º 56’ 38” EAST, A DISTANCE OF 157.00 FEET,
THENCE SOUTH 19º 03’ 22” EAST, A DISTANCE OF 81.00 FEET TO
THE NORTHWESTERLY LINE OF JOHN STREET,
ALONG THE AFOREMENTIONED NORTHWESTERLY LINE OF JOHN
STREET,
THENCE SOUTH 70º 56’ 38” WEST, A DISTANCE OF 132.70 FEET TO
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,
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,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
THENCE NORTH 35º 45’ 08” WEST, A DISTANCE OF 84.57
FEET TO THE POINT OR PLACE OF BEGINNING.
Containing 0.2694 acres of land more or less; and
WHEREAS, the City’s Board of Parks, Recreation and
Conservation (“Parks Board”) at its meeting held on Monday, August 13,
2007 discussed the Current Park Parcels, voted to recommend the
discontinuance of the use of the Current Park Parcels for parkland, subject
to the approval of the City Council and the New York State Legislature,
and concurred and recommended that replacement parcels be identified
whose combined acreage be equal to twice the total acreage of the
Current Park Parcels; and
WHEREAS, the Parks Board concurred and recommended that,
subject to the approval of the City Council and the New York State
Legislature, that the following two (2) City-owned parcels consisting of a
total of 8.25 acres more or less, be dedicated as parkland (“Replacement
Parcels”):
1061 North Broadway, Block 3515, Lot 115 – consisting of 4.95 acres
more or less;
101 Odell Avenue, Block 3515, Lot 100 – consisting of 3.30 acres more or
less; and
WHEREAS, the City Council is taking the recommendation of the
Parks Board under advisement while it conducts a full environmental
impact review of the Redevelopment Projects under the State
Environmental Quality Review Act (“SEQRA”); and
WHEREAS, the City Council desires that the New York State
Legislature concurrently authorize the City of Yonkers, subject to the
completion of the SEQRA review of the Redevelopment Projects, to
discontinue and de-dedicate the Current Park Parcels as parkland in order
to facilitate the proposed Redevelopment Projects,
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF YONKERS that the New York State Legislature is
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION (CONTINUED)
hereby requested to enact legislation authorizing the City of Yonkers to
discontinue the Current Park Parcels as parkland, and be it
FURTHER RESOLVED that the City Council will not make any
decision to discontinue the Current Park Parcels, as recommended by the
Parks Board or as may be authorized by the State Legislature, until it has
completed the SEQRA environmental impact review with respect to the
Redevelopment Projects, and be it
FURTHER RESOLVED that, in the event that the State Legislature
authorizes the discontinuance of the Current Park Parcels and that the
City Council, upon completion of the SEQRA review of the
Redevelopment Projects, accepts the recommendation of the Parks Board
and votes to discontinue the Current Park Parcels, such discontinuance
will be contingent upon certification by a title company that the City holds
fee title to the “Replacement Parcels”, that a legal metes and bounds
description for the “Replacement Parcels” is prepared by a surveyor, and
that the “Replacement Parcels” located at 1061 North Broadway, Block
3515, Lot 115 and at 101 Odell Avenue, Block 3515, Lot 100 are
dedicated as parkland of the City of Yonkers, and be it
FURTHER RESOLVED that the City Clerk of the City of Yonkers be
and hereby is authorized and directed to forward duly certified copies of
this Resolution to the New York State Legislature, and be it
FURTHER RESOLVED that the “draft” Act of the New York State
Legislature required to effectuate the aforementioned changes is attached
hereto and made a part hereof, and be it
FURTHER RESOLVED that this Resolution shall take effect
immediately.
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
Assembly, do enact as follows:
Section 1. Notwithstanding any inconsistent provisions of any
general, special or local law to the contrary, the City of Yonkers,
Westchester County, is hereby authorized to discontinue as park lands
and alienate, sell and convey the lands described in section three of this
act and in exchange therefor, dedicate as park lands the lands described
in section four of this act, such land to be used for park purposes. The
City of Yonkers is hereby authorized upon the de-dedication of the lands
described in section three of this act to execute and deliver one or more
deeds of conveyance of valid title in fee simple of the lands described in
section three of this act for such consideration and upon such other terms
and conditions as the City Council of the City of Yonkers deems to be fair
and appropriate.
Section 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
parking, such use is validated, ratified and confirmed.
Section 3. The lands to be discontinued as park lands 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 ALONG 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·74º23'40"·W A DISTANCE OF
138.10 FEET TO A POINT; AND RUNNING THENCE N·14º57'34"·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·36º47'49"·W A DISTANCE OF 238.24 FEET TO A POINT; AND
RUNNING THENCE N·54º42'49"·E A DISTANCE OF 51.69 FEET TO A
POINT; AND RUNNING THENCE S 48º48’47” E A DISTANCE OF 85.36
FEET TO A POINT; AND RUNNING THENCE N 53º02’49” 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·36º25'59"·E A
DISTANCE OF 116.29 FEET AND S·37º03'10"·E A DISTANCE OF 263.94
FEET TO A POINT; THENCE RUNNING S 33º52’41” W A DISTANCE OF
54.50 TO A POINT; AND THENCE S 58º01’41” 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, BEARING 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 NORTHWESTERLY 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;
ALONG THE DIVIDING LINE BETWEEN LOTS 72 & 80, BLOCK 490,
THE FOLLOWING FOUR (4) 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 57º 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. DEARING, 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
SOUTHEASTERLY LINE OF PALISADE AVENUE WITH THE
SOUTHWESTERLY LINE OF JAMES STREET, THENCE CROSSING
PART WAY ACROSS JAMES STREET NORTH 57º 16’ 09” EAST, A
DISTANCE OF 34.84 FEET, THENCE ALONG A LINE PARALLEL WITH
THE PRESENT NORTHEASTERLY LINE OF JAMES STREET, SOUTH
35º 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 70º 56’ 38” EAST, A DISTANCE OF 157.00 FEET,
THENCE SOUTH 19º 03’ 22” EAST, A DISTANCE OF 81.00 FEET
TO THE NORTHWESTERLY LINE OF JOHN STREET,
ALONG THE AFOREMENTIONED NORTHWESTERLY LINE OF
JOHN STREET,
THENCE SOUTH 70º 56’ 38” WEST, A DISTANCE OF 132.70
FEET TO 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,
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,
THENCE NORTH 35º 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.
Section 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 82 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 ore 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;
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.
Section 5. In the event that the replacement city park lands 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 park land and/or cause funds to be made available for capital
improvements to its existing park and recreational facilities, as necessary,
to equal such fair market value.
Section 6. The discontinuance and conveyance of park land
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 park lands, including satisfying the Secretary of
the Interior that the conversion complies with 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 alienated or converted.
Section 7. This act shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 22, 2008
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
BE IT RESOLVED, that the following applicant(s) are hereby appointed
and/or reappointed to the office of Commissioner of Deeds for a period of two
years to expire on February 29, 2009:
Michelle L. Salvatore
1187 Yonkers Avenue
Yonkers, New York 10704
Salvatore & Sons RENEWAL
Mary Ann Maurer
200 Willow Street Apt. 1I
Yonkers, New York 10701
Insurance RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 08, 2008
COMMITTEE REPORTS
