Yonkers City Council Stated Meeting for Tuesday, January 8, 2008
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
PRESENT: PRESIDENT OF THE COUNCIL CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER 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 December 11, 2007 and an organization meeting held on January 2, 2008 approved on motion of Majority Leader Sandy Annabi.
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – STREET WIDENINGS 4
2. S.O. – STREET CLOSING/DISCONTINUANCE 5
3. S.O. – GRANT $5000 – OFFICE OF THE AGING 6
4. S.O. - GRANT $25,000 – YPD/POPE FOUNDATION 7
5. RES. – GRANT APPLICATION – OFA 8
6. RES. – GRANT APPLICATION – POPE FOUND. 9
7. RES. – HOPE VI – MULFORD SITES D & E 10/11
8. RES. – HOPE VI – SEQRA – MULFORD – D & E 12/13
9. RES. – HOPE VI – SITES A, B, C AND I 14/15
10. RES. – HOPE VI – SEQRA – SITES A, B, C AND I 16/17
11. RES. – COMMISSIONERS OF DEEDS 18/19
12. RES. – DISCONTINUANCE OF PARKLANDS 20/32
13. RES. – BANNER – ST. PAUL THE APOSTLE 33
COMMUNICATIONS
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE OPENING AND ESTABLISHING CERTAIN PUBLIC STREET AREAS IN ORDER TO WIDEN PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD STREET IN THE CITY OFYONKERS
The City Council of the City of Yonkers hereby enacts and ordains:
Section 1. Loehr PlaceWidening. Pursuant to Section 29 and subdivision 7 of Section 20 of the General City Law, it is hereby ordered and directed that the areas of land adjacent to the present right of way of Loehr Place, identified as right-of-way expansion areas on the Map titled New Street Opening and Existing Street Adjustment, dated November 28, 2007 prepared by Langan Engineering and Environmental Services, submitted to the City Council together with this proposed Special Ordinance, be and hereby are established and opened as new public street areas of the City of Yonkers constituting portions of the public right of way of Loehr Place as modified, and the City Engineer is hereby authorized and directed to change the Official Map of the City of Yonkers to reflect the addition of such areas to the public right of way of Loehr Place.
Section 2. St. Josephs PlaceWidening. Pursuant to Section 29 and subdivision 7 of Section 20 of the General City Law, it is hereby ordered and directed that the areas of land adjacent to the present right of way of St. Josephs Place, identified as right-of-way expansion areas on the Map titled New Street Opening and Existing Street Adjustment, dated November 28, 2007 prepared by Langan Engineering and Environmental Services, submitted to the City Council together with this proposed Special Ordinance, be and hereby are established and opened as new public street areas of the City of Yonkers constituting portions of the public right of way of St. Josephs Place as modified, and the City Engineer is hereby authorized and directed to change the Official Map of the City of Yonkers to reflect the addition of such areas to the public right of way of St. Josephs Place.
Section 3. This ordinance shall take effect immediately.
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE CLOSING AND DISCONTINUING CERTAIN PARTS
OF PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD
STREET IN THE CITY OF YONKERS
The City Council of the City of Yonkers hereby enacts and ordains:
Section 1. Loehr PlaceNarrowing. Pursuant to Section 29 and subdivision 7 of Section 20 of the General City Law, it is hereby ordered and directed that the portions of Loehr Place identified as street closing areas on the Map titled New Street Opening and Existing Street Adjustment, dated November 28, 2007 prepared by Langan Engineering and Environmental Services, submitted to the City Council together with this proposed Special Ordinance, be and hereby are closed and discontinued as public street areas of the City of Yonkers, and the City Engineer is hereby authorized and directed to change the Official Map of the City of Yonkers to reflect such closing and discontinuance.
Section 2. Mulford StreetClosing. Pursuant to Section 29 and subdivision 7 of Section 20 of the General City Law, it is hereby ordered and directed that the entire area of Mulford Street, as shown the Map titled New Street Opening and Existing Street Adjustment, dated November 28, 2007 prepared by Langan Engineering and Environmental Services, submitted to the City Council together with this proposed Special Ordinance, be and hereby is closed and discontinued as a public street of the City of Yonkers, and the City Engineer is hereby authorized and directed to change the Official Map of the City of Yonkers to reflect such closing and discontinuance.
Section 3. This ordinance shall take effect immediately.
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET FOR FISCAL YEAR 2007/2008.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2007/2008 is hereby amended by increasing revenues and appropriations for the Office for the Aging for a grant from Westchester County for a Livable Community Connection Grant.
Increase Estimated Revenues
Westchester County 049-G11-1260-3194 $5,000.00
Increase Appropriation
Salaries 049-G11-1260-0101 $3,226.00
Program Supplies 049-G11-1260-0390 800.00
Telephone 049-G11-1260-0402 574.00
Misc. 049-G11-1260-0419 400.00
$5,000.00
Section 2: The unencumbered balance of such appropriation equals or exceeds the estimated expenditures the City requires for such purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET FOR FISCAL YEAR 2007/2008.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2007/2008 is hereby amended by increasing revenues and appropriations for the Police Department for a grant from the Generoso Pope Foundation for the purchase of five new canines.
Increase Estimated Revenues
Generoso Pope Foundation 049-G16-3263-34243 $25,000.00
Increase Appropriation
Police Dept. Special Projects 049-G16-3263-0496 $25,000.00
Section 2: The unencumbered balance of such appropriation equals or exceeds the estimated expenditures the City requires for such purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers, Office for the Aging, has been awarded a $5,000 grant from Westchester County to establish
a Living Community Connection in the South Western Region of Westchester County , and no matching City funds are required; and
WHEREAS, upon successful completion of Jumpstart Planning Benchmarks, the Yonkers Office for the Aging will receive further funding in the amount of $10,000 in Implementation funding and another $10,000 upon completion of the six month benchmarks to establish a Livable Community Connection for the South West region
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is hereby authorized to obtain the funds available under the grant; and be it further;
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the CITY OF YONKERS POLICE DEPARTMENT, has received a twenty five thousand dollar ($25,000) grant from the Generoso Pope Foundation, One Generoso Pope Place, Tuckahoe, N.Y. 10707, supporting the purchase of five canines for the canine unit of the Yonkers Police Department with no matching City funds; and
NOW, THEREFORE BE IT RESOLVED, that the Commissioner of the Police Department of the City of Yonkers is hereby authorized to execute any documents the Generoso Pope Foundation requires in order to obtain the funding; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION APPROVING PLANNED URBAN REDEVELOPMENT ZONING FOR MULFORD GARDENS SITE, KNOWN AS HOPE VI SITES D AND E
WHEREAS, Mulford Gardens Community Partners, LLC, the developer for property designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2084, Lot 1 (being the 11.97-acre site of the vacant public housing project known as Mulford Gardens and being referred to below in this resolution as the “Site”), has submitted an application for approval of a Comprehensive Development Plan and Special Use Permit for a Proposed Planned Urban Redevelopment (“PUR”) in the designated urban renewal area known as the Ashburton Avenue Urban Renewal Area, for redevelopment in accordance with Article VII and Article IX of the Zoning Code of the City of Yonkers and in accordance with the Ashburton Avenue Urban Renewal Plan and Master Plan approved by the City Council on October 24, 2006; and
WHEREAS, on December 12, 2007, following a public hearing held on that date, the Planning Board approved the PUR application; and
WHEREAS, upon review of the application and the record, the City Council believes it to be in the best interest of the City to grant said PUR application;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF YONKERS, that, upon the record and findings of the Planning Board of the City of Yonkers with respect to the application submitted by the developer for approval of a Comprehensive Development Plan, Special Use Permit and PUR for a proposed Planned Urban Redevelopment on Hope VI Sites D and E, Block 2084, Lot 1, pursuant to Article VII and IX of the Zoning Code of the City of Yonkers, such Comprehensive Development Plan, Special Use Permit and PUR for such proposed Planned Urban Redevelopment zoning for such Site are hereby approved, and that the decision and actions of the Planning Board are hereby approved, subject to any conditions set forth in the decision of the Planning Board and to such minor and technical variations as may be approved by the Planning Board in the course of Site Plan reviews; and be it further
RESOLVED, that this resolution shall be effective immediately.
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION CONFIRMING THAT THE PROPOSED CREATION
OF PLANNED URBAN REDEVELOPMENT (PUR) ZONING FOR MULFORD GARDENS SITE KNOWN AS HOPE VI SITES D AND E IS CONSISTENT WITH RECORD OF ENVIRONMENTAL REVIEW OF HOPE VI PROJECT
WHEREAS, Mulford Gardens Community Partners, LLC, the developer for property designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2084, Lot 1 (being the 11.97-acre site of the vacant public housing project known as Mulford Gardens and being referred to below in this resolution as the “Site”), has submitted an application for approval of a Comprehensive Development Plan and Special Use Permit for a Proposed Planned Urban Redevelopment (“PUR”) in the designated urban renewal area known as the Ashburton Avenue Urban Renewal Area, for redevelopment in accordance with Article VII and Article IX of the Zoning Code of the City of Yonkers and in accordance with the Ashburton Avenue Urban Renewal Plan and Master Plan approved by the City Council on October 24, 2006; and
WHEREAS, on December 12, 2007, following a public hearing held on that date, the Planning Board approved the PUR application; and
WHEREAS, at the City Council meeting held on October 24, 2006, the City Council approved the Ashburton Avenue Urban Renewal Plan and Master Plan, and thereafter at such meeting the City Council approved the Comprehensive Development Plan and Special Use Permit for such PUR in accordance with Article VII of the Zoning Code of the City of Yonkers; and
WHEREAS, the Mulford Gardens HOPE VI Program and the Ashburton Avenue Urban Renewal Plan and Master Plan were the subject of extensive environmental reviews conducted in accordance with the New York State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder at 6 N.Y.C.R.R. Part 617, collectively referred to hereinafter as “SEQRA”) and the National Environmental Policy Act of 1970 and the implementing regulations thereunder at 40 CFR Parts 1500-1508 (collectively, “NEPA”); and
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF YONKERS, that the proposed PUR Comprehensive Development Plan and Special Use Permit for HOPE VI Sites D and E and the proposed approval thereof by the by the City Council are hereby determined to be consistent with (a) the Record of Decision and Findings Statement approved on April 26, 2006 by the Yonkers Community Development Agency as lead agency, pursuant to NEPA and SEQRA, and (b) the Statement of Environmental Findings approved on October 24, 2006 by the City Council as an involved agency, pursuant to SEQRA; and be it further
RESOLVED, that this resolution shall be effective immediately.
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION APPROVING AMENDED PLANNED URBAN REDEVELOPMENT (PUR) ZONING FOR HOPE VI SITES A, B, C AND I
WHEREAS, on July 12, 2006 the Planning Board of the City of Yonkers approved a Special Use Permit establishing Planned Urban Redevelopment (“PUR”) zoning for property known as 110-126 Ashburton Avenue, designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2041, Lots 12, 14, 16, 18 and 21 (HOPE VI “Site A”), and property known as 193 Ashburton Avenue, designated on such Map as Section 2, Block 2079, Lot 29 (HOPE VI “Site B”), and property .known as 343 Nepperhan Avenue, designated on such Map as Section 2, Block 2067, Lots 50, 52, 54, 56-58 and 60 (HOPE VI “Site C”), in the designated urban renewal area known as the Ashburton Avenue Urban Renewal Area; and
WHEREAS, at the City Council meeting held on October 24, 2006, the City Council approved the Ashburton Avenue Urban Renewal Plan and Master Plan, and thereafter at such meeting the City Council approved the Comprehensive Development Plan and Special Use Permit for such PUR in accordance with Article VII of the Zoning Code of the City of Yonkers; and
WHEREAS, Mulford Gardens Community Partners, LLC, the developer for the properties within the PUR area, submitted to the Planning Board an application to amend the Comprehensive Development Plan and Special Use Permit for such PUR in order to modify the development concept for Site A and to add to the PUR a new HOPE VI site known as 9 Vineyard Avenue, designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2080, Lot 56 (HOPE VI “Site I”, which includes the site of the former Vineyard Avenue fire house); and
WHEREAS, at its meeting held on December 12, 2007, following a public hearing on the requested amendment, the Planning Board approved such amendment pursuant to Article VII of the Zoning Code; and
WHEREAS, upon review of the application and the record, the City Council believes it to be in the best interest of the City to grant final approval of said PUR application;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF YONKERS, that upon the record and findings of the Planning Board of the City of Yonkers with respect to the application submitted by the developer for approval of an amendment to the Comprehensive Development Plan, Special Use Permit and PUR for existing PUR encompassing HOPE VI Sites A, B and C, in order to modify the development concept for Site A and to add to the PUR an additional Site I, such amendment is hereby approved, and the decision and actions of the Planning Board are hereby approved, subject to any conditions set forth in the decision of the Planning Board and to such minor and technical variations as may be approved by the Planning Board in the course of Site Plan reviews; and be it further
RESOLVED, that this resolution shall be effective immediately.
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION CONFIRMING THAT THE PROPOSED AMENDMENT TO PLANNED URBAN REDEVELOPMENT (PUR) ZONING FOR HOPE VI SITES A, B, C AND I IS CONSISTENT WITH RECORD OF ENVIRONMENTAL REVIEW OF HOPE VI PROJECT
WHEREAS, on July 12, 2006 the Planning Board of the City of Yonkers approved a Special Use Permit establishing Planned Urban Redevelopment (“PUR”) zoning for property known as 110-126 Ashburton Avenue, designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2041, Lots 12, 14, 16, 18 and 21 (HOPE VI “Site A”), and property known as 193 Ashburton Avenue, designated on such Map as Section 2, Block 2079, Lot 29 (HOPE VI “Site B”), and property known as 343 Nepperhan Avenue, designated on such Map as Section 2, Block 2067, Lots 50, 52, 54, 56-58 and 60 (HOPE VI “Site C”), in the designated urban renewal area known as the Ashburton Avenue Urban Renewal Area; and
WHEREAS, at the City Council meeting held on October 24, 2006, the City Council approved the Ashburton Avenue Urban Renewal Plan and Master Plan, and thereafter at such meeting the City Council approved the Comprehensive Development Plan and Special Use Permit for such PUR in accordance with Article VII of the Zoning Code of the City of Yonkers; and
WHEREAS, the Mulford Gardens HOPE VI Program and the Ashburton Avenue Urban Renewal Plan and Master Plan were the subject of extensive environmental reviews conducted in accordance with the New York State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder at 6 N.Y.C.R.R. Part 617, collectively referred to hereinafter as “SEQRA”) and the National Environmental Policy Act of 1970 and the implementing regulations thereunder at 40 CFR Parts 1500-1508 (collectively, “NEPA”); and
WHEREAS, Mulford Gardens Community Partners, LLC, the developer for the properties within the PUR area, submitted to the Planning Board an application to amend the Comprehensive Development Plan and Special Use Permit for such PUR in order to modify the development concept for Site A and to add to the PUR a new HOPE VI site known as 9 Vineyard Avenue, designated on the Tax Assessment Map of the City of Yonkers as Section 2, Block 2080, Lot 56 (HOPE VI “Site I”, which includes the site of the former Vineyard Avenue fire house); and
WHEREAS, at its meeting held on December 12, 2007, following a public hearing on the requested amendment, the Planning Board approved such amendment pursuant to Article VII of the Zoning Code and thereafter submitted such amendment to the City Council for final approval pursuant to said Article VII;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF YONKERS, that the proposed amendment to the PUR Comprehensive Development Plan and Special Use Permit for HOPE VI Sites A, B, C and I and the proposed approval of such amendment by the City Council are hereby determined to be consistent with (a) the Record of Decision and Findings Statement approved on April 26, 2006 by the Yonkers Community Development Agency as lead agency, pursuant to NEPA and SEQRA, and (b) the Statement of Environmental Findings approved on October 24, 2006 by the City Council as an involved agency, pursuant to SEQRA; and be it further
RESOLVED, that this resolution shall be effective immediately.
RESOLUTION
11. 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:
Priscilla Ann Clynner
1200 Warburton Avenue
Yonkers, New York 10701
Yonkers Center NEW
Jean N. Suarez
3034 Kingston Avenue
Bronx, New York 10463
Fitzgerald Law PC RENEWAL
Veronica Torres
527 Riverdale Avenue
Yonkers, New York 10705
Housing NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 08, 2008
RESOLUTION (CONTINUED)
Lakisha Collins
95-117 Ravine Avenue
Yonkers, New York 10701
Housing NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 08, 2008
RESOLUTION
12. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO
RESOLUTION OF THE CITY COUNCIL REQUESTING THE DISCONTINUANCEOF 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, replanning, 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; 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 “Alienated Park Parcels”) which are required for the proposed redevelopment projects described in the MDDA; and
WHEREAS, the Alienated Park Parcels, located in the City of Yonkers, Westchester County, containing a total of 2.93 acres more or less, to be discontinued as parkland and alienated, sold and conveyed, subject to easements, covenants and restriction of record, are described as follows:
(1) WashingtonPark 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.
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:
1. 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;
2. 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;
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;
5. 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;
6. 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:
7. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A DISTANCE OF 138.95 FEET TO A POINT, THENCE;
8. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A DISTANCE OF 283.00 FEET TO A POINT, THENCE;
9. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A DISTANCE OF 14.99 FEET TO A POINT, THENCE;
10. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A DISTANCE OF 55.00 FEET TO A POINT, THENCE;
11. 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 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 OFJOHN 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 OFYONKERS 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 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 Alienated Park Parcels, approved the discontinuance of the use of the Alienated 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 Alienated 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, Lot100 – consisting of 3.30 acres more or less; and
WHEREAS, the City Council has considered the recommendation of the Parks Board and desires that the New York State Legislature authorize the City of Yonkers to discontinue and de-dedicate the Alienated Parks Parcels as parkland in order to further the proposed redevelopment projects in the Getty Square Urban Renewal Area.
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF YONKERS that the recommendation adopted by the Parks Board at its August 13, 2007 meeting is hereby approved, and be it
FURTHER RESOLVED that the New York State Legislature is hereby request to introduce legislation to discontinue the Alienated Parks Parcels as parkland, and be it
FURTHER RESOLVED that the discontinuance of the Alienated Parks Parcels is 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 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 NEPERHAND AVENUE (WIDTH VARIES) WITH SAID NORTHEASTERLY LINE OF SOUTH BROADWAY, AND FROM SAID POINT OF BEGINNING RUNNING, THENCE:
3. 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;
4. 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;
12. 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;
13. 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;
14. 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;
15. 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;
16. 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;
17. 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:
18. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A DISTANCE OF 138.95 FEET TO A POINT, THENCE;
19. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A DISTANCE OF 283.00 FEET TO A POINT, THENCE;
20. NORTH 15 DEGREES – 15 MINUTES – 46 SECONDS WEST, A DISTANCE OF 14.99 FEET TO A POINT, THENCE;
21. SOUTH 74 DEGREES – 44 MINUTES – 14 SECONDS WEST, A DISTANCE OF 55.00 FEET TO A POINT, THENCE;
22. 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 OFJOHN 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 OFYONKERS 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:
BEGINNINGat 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
THENCEfrom 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:
BEGINNINGat a point where the westerly side of North Broadway (Rt. 9) intersects the northerly side of Odell Avenue;
THENCEfrom 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.
RESOLUTION
13. BY MINORITY LEADER McLAUGHLIN ,COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI, , COUNCILMEMBERS McDOW, GRONOWSKI, MURTAGH AND BARBATO
WHEREAS, St. Paul the Apostle Parish, located at 602 McLean Avenue in Yonkers will hold a FUNDRAISER featuring “The Dublin City Ramblers” at Rory Dolan’s on Sunday, March 16, 2008, and has requested permission from the City Council to place one banner within the city promoting this event, and
WHEREAS, St. Paul the Apostle Parish has asked that the banner be placed several weeks prior to the event, at the following location: Yonkers Avenue & Central Park Avenue (on the fence over the Major Deegan Expressway), or where ever convenient; and to be removed as soon after March 16, 2008 as is possible.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Yonkers hereby grants permission toSt. Paul the Apostle Parish to place one banner in the aforementioned location, subject to any terms and conditions deemed appropriate by the Administration to protect the best interests of the City of Yonkers.
COMMITTEE REPORTS
