Relates to the alienation of parkland in the city of Yonkers.

- Same as: A7362D-2013
- Versions S5101-2013 S5101A-2013 S5101B-2013 S5101C-2013
- Sponsor:Stewart-Cousins
- Multi-sponsor(s): None
- Co-sponsor(s): LATIMER
- Law Section: Yonkers, City of

- Jun 21, 2013: SUBSTITUTED BY A7362D
- Jun 21, 2013: ORDERED TO THIRD READING CAL.1612
- Jun 13, 2013: PRINT NUMBER 5101C
- Jun 13, 2013: AMEND AND RECOMMIT TO RULES
- Jun 11, 2013: REPORTED AND COMMITTED TO RULES
- Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
- May 30, 2013: PRINT NUMBER 5101B
- May 30, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- May 17, 2013: PRINT NUMBER 5101A
- May 17, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- May 8, 2013: REFERRED TO LOCAL GOVERNMENT

Ayes (23):Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Larkin, LaValle, Marcellino, Maziarz, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Espaillat, Gianaris

Ayes W/R (2):Hannon, Nozzolio

BILL NUMBER:S5101C

TITLE OF BILL: An act authorizing the leasing of certain parkland for development of a parking facility with roof top park occupying the same parkland footprint such that there is no net parkland loss associated with this facility, and for the construction of associated roadways, a pedestrian foot bridge, a loading dock and other new park amenities, required to support new development of an exhibition hall, cultural space, a wellness center, hotel, restaurants, and a community programming not for profit uniquely located on the Hudson River in a historic former power plant, which site is currently an abandoned brownfield site known as the Glenwood Power Plant, uniquely located on the Hudson River adjacent to John F. Kennedy Marina and Trevor Park in the City of Yonkers, which site lacks any land for parking, and which project was contemplated in the approved May 2009 City of Yonkers Alexander Street Master Plan with a new road network connecting Alexander Street to the south past the Glenwood Power Plant through John F. Kennedy Marina and Trevor Park north to provide increased public access to the Hudson River and enhance said parks through the development of a new sustainable riverfront, transit-oriented project by enhancing the existing parks with new amenities

PURPOSE OR GENERAL IDEA OF BILL: To authorize the leasing and conveyance of certain parkland for development of a parking facility with an equivalent size rooftop park, a pedestrian footbridge and roadways required to support a new development, which is currently and abandoned brownfield site uniquely located on the Hudson River to a historic former power plant and in the vicinity of Trevor Park and WK." Marina and Park in the City of Yonkers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 authorizes the alienation of certain parkland.

Section 2 authorizes a lease of certain parkland.

Section 3 requires the dedication of replacement parkland.

Sections 4 and 5 contain the metes and bounds of the parkland being alienated and the replacement parkland

Section 6 contains a reverter clause.

Section 7 requires the compliance with the determination of the

Secretary of the Interior if the parkland being alienated received funding from Federal Land and Water Conservation Fund.

Section 8 contains the effective date.

JUSTIFICATION: This legislation will facilitate the redevelopment of a currently abandoned vacant power plant brownfield site on the Hudson River by allowing for construction of a new parking facility and associated roadways in the City of Yonkers, which will benefit the development of an exhibition hall, cultural space, a wellness center, hotel, restaurants and a community programming not for profit and shall provide capital improvements directly in the same parks of

greater value than the fair market value of the parkland being alienated causing said parks to be significantly improved by adding new and improved parkland amenities larger in size and seater in value than what is currently present and also dedicated parkland the equivalent size-of the parkland being alienated

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the State, undermined to the City of Yonkers.

EFFECTIVE DATE: Immediately

STATE OF NEW YORK ________________________________________________________________________ 5101--C 2013-2014 Regular Sessions IN SENATE May 8, 2013 ___________Introduced by Sens. STEWART-COUSINS, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT authorizing the leasing of certain parkland for development of a parking facility with roof top park occupying the same parkland foot- print such that there is no net parkland loss associated with this facility, and for the construction of associated roadways, a pedestri- an foot bridge, a loading dock and other new park amenities, required to support new development of an exhibition hall, cultural space, a wellness center, hotel, restaurants, and a community programming not for profit uniquely located on the Hudson River in a historic former power plant, which site is currently an abandoned brownfield site known as the Glenwood Power Plant, uniquely located on the Hudson River adjacent to John F. Kennedy Marina and Trevor Park in the City of Yonkers, which site lacks any land for parking, and which project was contemplated in the approved May 2009 City of Yonkers Alexander Street Master Plan with a new road network connecting Alexander Street to the south past the Glenwood Power Plant through John F. Kennedy Marina and Trevor Park north to provide increased public access to the Hudson River and enhance said parks through the development of a new sustainable riverfront, transit-oriented project by enhancing the existing parks with new amenities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10802-10-3 S. 5101--C 2

Section 1. Subject to the provisions of this act, the city of Yonkers, in the county of Westchester, acting by and through its mayor, is hereby authorized to discontinue the use of the municipally owned parkland described in section four of this act that are no longer needed for park purposes. S 2. Subject to the provisions of this act, the city of Yonkers, in the county of Westchester, acting by and through its mayor, is hereby authorized to temporarily discontinue use of the parkland described in section four of this act for the purpose of leasing the land under such park to Glenwood POH LLC, for a term not to exceed thirty years, to facilitate the building of a public parking garage and a public park. The fair market value of such lease shall be dedicated by the city of Yonkers for the acquisition of additional parkland and/or improvements to existing parkland. S 3. The authorization contained in section one of this act shall only be effective on the condition that the city of Yonkers, in the county of Westchester, acquire and dedicate as parklands the lands described in section five of this act, such land to be used for park purposes. If the replacement lands are less than the fair market value of the lands being alienated, the city of Yonkers must dedicate the difference for the acquisition of additional parkland and/or for capital improvements to existing parkland. S 4. The lands referred to in sections one and two of this act are located, bounded and described as follows: PARCELS FOR LEASE OR EASEMENT ACCESS PERMANENT PARCEL 1A - #1 All that tract or parcel of lands being part of TREVOR PARK, SECTION 2, BLOCK 2125, LOT 1, city of Yonkers, state of New York more partic- ularly bounded and described as follows: BEGINNING at a point, said point being the following two (2) courses from the southwesterly corner of Lot 1, Block 2125, a) North 69°46'27" West a distance of 225.88 feet to a point, thence; b) North 70°54'27" West a distance of 75.00 feet, and running thence; 1. North 73°50'27" West a distance of 18.23 feet to a point, thence; 2. North 13°02'29" East a distance of 110.24 feet to a point, thence; 3. South 76°57'31" East a distance of 18.20 feet to a point, thence; 4. South 13°02'29" West a distance of 111.23 feet to the POINT OF BEGINNING. Containing an area of 2,016 square feet or 0.046 acres more or less. PERMANENT PARCEL 1A - #2 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being North 11°46'18" East a distance of 190.00 feet from the intersection of Ravine Drive and Glenwood Avenue, and running thence, 1. North 11°46'18" East a distance of 73.56 feet to a point, thence; 2. South 76°57'31" East a distance of 135.37 feet to a point, thence; 3. North 13°02'29" East a distance of 485.00 feet to a point, thence; 4. North 76°57'31" West a distance of 408.00 feet to a point, thence; 5. South 13°02'29" West a distance of 44.26 feet to a point, thence; 6. North 76°57'31" West a distance of 50.00 feet to a point, thence; 7. North 13°02'29" East a distance of 108.34 feet to a point, thence; 8. South 76°57'31" East a distance of 420.67 feet to a point, thence; 9. North 83°26'03" East a distance of 89.65 feet to a point, thence; 10. South 85°41'12" East a distance of 95.95 feet to a point, thence; 11. South 04°18'48" West a distance of 56.00 feet to a point, thence;S. 5101--C 3

12. South 89°18'09" West a distance of 125.78 feet to a point, thence; 13. South 13°02'29" West a distance of 104.07 feet to a point, thence; 14. South 64°59'09" East a distance of 92.02 feet to a point, thence; 15. South 03°16'20" East a distance of 11.36 feet to a point, thence; 16. North 64°59'09" West a distance of 95.29 feet to a point, thence; 17. South 13°02'29" West a distance of 396.51 feet to a point, thence; 18. South 58°42'41" West a distance of 99.04 feet to a point, thence; 19. North 78°13'42" West a distance of 91.20 feet to the POINT OF BEGINNING. Containing an area of 65,402 square feet or 1.501 acres more or less. PERMANENT PARCEL 1A - #3 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point in the westerly right-of-way line of Warburton Avenue, said point being the following two (2) courses along said right- of-way from the southeasterly corner of Lot 1, Block 2125, c) North 08°10'38" East a distance of 101.29 feet to a point, thence; d) North 04°18'48" East a distance of 149.53 feet, and running thence; 5. North 64°59'09" West a distance of 38.53 feet to a point, thence; 6. On a curve to the right having a radius of 480.00 feet, and arc length of 10.42 feet, whose chord bears North 08°43'07" East a chord distance of 10.42 feet to a point, thence; 7. South 64°59'09" East a distance of 37.67 feet to a point, thence; 8. South 04°18'48" West a distance of 10.69 feet to the POINT OF BEGINNING. Containing an area of 381 square feet or 0.009 acres more or less. PERMANENT PARCEL 1B TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being North 12°56'23" East a distance of 107.20 feet from the southwesterly corner of Lot 1, Block 2125, and running thence, 1. North 12°56'23" East a distance of 34.51 feet to a point, thence; 2. South 76°57'31" East a distance of 105.94 feet to a point, thence; 3. South 13°02'29" West a distance of 34.51 feet to a point, thence; 4. North 76°57'31" West a distance of 105.88 feet to the POINT OF BEGINNING. Containing an area of 3,654 square feet or 0.084 acres more or less. PERMANENT PARCEL 2A J. F. KENNEDY PARK SECTION 2, BLOCK 2640, LOT 1 CITY OF YONKERS WESTCHESTER COUNTY, NEW YORK BEGINNING at a point, said point being North 14°12'46" East a distance of 225.16 feet from the southeasterly corner of Lot 1, Block 2640, and running thence, 1. On a curve to the left having a radius of 488.00 feet, an arc length of 48.26 feet, whose chord bears North 02°42'58" West a chord distance of 48.24 feet to a point of reverse curvature, thence; 2. On a curve to the right having a radius of 212.00 feet, an arc length of 52.61 feet whose chord bears North 01°33'37" East a chord distance of 52.48 feet to a point of tangency, thence; 3. North 08°39'21" East a distance of 365.40 feet to a point of curva- ture, thence;S. 5101--C 4

4. On a curve to the right having a radius of 213.30 feet, an arc length of 26.06 feet, whose chord bears North 11°38'58" East a chord distance of 26.04 feet to a point of tangency, thence; 5. North 15°08'59" East a distance of 230.05 feet to a point, thence; 6. South 74°51'01" East a distance of 25.28 feet to a point, thence; 7. On a curve to the left having a radius of 46.00 feet, an arc length of 48.97 feet, whose chord bears South 33°24'00" East a chord distance of 46.69 feet to a point, thence; 8. South 15°10'46" West a distance of 37.11 feet to a point, thence; 9. On a curve to the left having a radius of 45.00 feet, an arc length of 61.88 feet, whose chord bears South 54°32'47" West a chord distance of 57.12 feet to a point of tangency, thence; 10. South 15°08'59" West a distance of 117.82 feet to a point to a point of curvature, thence; 11. On a curve to the left having a radius of 189.30 feet, an arc length of 21.45 feet, whose chord bears South 11°54'10" West a chord distance of 21.44 feet to a point of tangency; 12. South 08°39'21" West a distance of 367.36 feet to a point of curvature, thence; 13. On a curve to the left having a radius of 188.00, an arc length of 13.09 feet, whose chord bears South 06°39'40" West a chord distance of 13.09 feet to a point, thence; 14. South 14°15'25" West a distance of 86.70 feet to the POINT OF BEGINNING. Containing an area of 18,408 square feet or 0.423 acres more or less. PERMANENT PARCEL 3A TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being the following two (2) courses from the terminus of the eleventh (11) course of Permanent Parcel 3B, e) South 74°48'40" East a distance of 16.54 feet to a point, thence; f) On a curve to the left having a radius of 145.26 feet, an arc length of 19.77 feet, whose chord bears South 78°42'40" East a chord distance of 19.76 feet, and running thence; 5. On a curve to the left, having a radius of 145.26 feet, an arc length of 49.18 feet, whose chord bears North 87°41'27" East a chord distance of 48.94 feet to a point, thence; 6. South 04°43'17" West a distance of 116.96 feet to a point, thence; 7. South 15°38'33" West a distance of 217.19 feet to a point, thence; 8. South 10°27'26" West a distance of 310.97 feet to a point, thence; 9. North 76°57'31" West a distance of 76.46 feet to a point, thence; 10. North 13°02'29" East a distance of 587.79 feet to a point, thence; 11. North 23°54'27" East a distance of 43.38 feet to the POINT OF BEGINNING. Containing an area of 42,926 square feet or 0.985 acres more or less. PERMANENT PARCEL 3B TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point in the westerly right-of-way line of Warburton Avenue, said point being the common corner of Lot 1, Block 2125 and Lot 2, Block 2125, and running thence, 1. On a curve to the left having a radius of 1033.00 feet, an arc length of 70.38 feet, whose chord bears South 11°09'41" West a chord distance of 70.37 feet to a point, thence;S. 5101--C 5

2. On a curve to the left having a radius of 58.00 feet, an arc length of 53.99 feet, whose chord bears North 72°10'42" West a chord distance of 52.06 feet to a point of tangency, thence; 3. South 81°09'16" West a distance of 15.31 feet to a point of curva- ture, thence; 4. On a curve to the left having a radius of 100.00 feet, an arc length of 83.21 feet, whose chord bears South 57°18'58" West a chord distance of 80.83 feet to a point of tangency, thence; 5. South 33°28'39" West a distance of 122.78 feet to a point, thence; 6. South 33°30'09" West a distance of 193.30 feet to a point, thence; 7. South 32°44'29" West a distance of 98.69 feet to a point to a point of curvature, thence; 8. On a curve to the left having a radius of 824.81 feet, an arc length of 55.31 feet, whose chord bears South 30°49'14" West a chord distance of 55.30 feet to a point of tangency, thence; 9. South 28°53'58" West a distance of 69.21 feet to a point of curva- ture, thence; 10. On a curve to the right having a radius of 145.26 feet, an arc length of 193.41 feet, whose chord bears South 67°02'39" West a chord distance of 179.44 feet to a point of tangency, thence; 11. North 74°48'40" West a distance of 16.54 feet to a point, thence; 12. North 15°10'59" East a distance of 30.00 feet to a point, thence; 13. South 74°48'40" East a distance of 16.54 feet to a point of tangency, thence; 14. On a curve to the left having a radius of 115.26 feet, an arc length of 153.47 feet, whose chord bears North 67°02'39" East a chord distance of 142.38 feet to a point of tangency, thence; 15. North 28°53'58" East a distance of 69.21 feet to a point to a point of curvature, thence; 16. On a curve to the right having a radius of 854.81 feet, an arc length of 57.32 feet, whose chord bears North 30°49'14" East a chord distance of 57.31 feet to a point of tangency, thence; 17. North 32°44'29" East a distance of 98.89 feet to a point, thence; 18. North 33°30'09" East a distance of 193.50 feet to a point, thence; 19. North 33°28'39" East a distance of 137.97 feet to a point to a point of curvature, thence; 20. On a curve to the right having a radius of 132.53 feet, an arc length of 81.91 feet, whose chord bears North 51°10'57" East a chord distance of 80.61 feet to a point, thence; 21. North 21°06'45" West a distance of 9.50 feet to a point, thence; 22. On a curve to the right having a radius of 150.00 feet, an arc length of 106.34 feet, whose chord bears North 84°13'12" East a chord distance of 104.12 feet to the POINT OF BEGINNING. Containing an area of 30,111 square feet or 0.691 acres more or less. TEMPORARY PARCEL 4A TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being the following two (2) courses from the southwesterly corner of Lot 1, Block 2125, g) North 69°46'27" West a distance of 225.88 feet to a point, thence; h) North 70°54'27" West a distance of 75.00 feet, and running thence; 12. North 13°02'29" East a distance of 111.23 feet to a point, thence; 13. South 76°57'31" East a distance of 31.80 feet to a point, thence; 14. South 13°02'29" West a distance of 101.23 feet to a point, thence; 15. South 76°57'31" East a distance of 208.00 feet to a point, thence; 16. North 13°02'29" East a distance of 180.00 feet to a point, thence;S. 5101--C 6

17. South 76°57'31" East a distance of 200.00 feet to a point, thence; 18. South 13°02'29" West a distance of 485.00 feet to a point, thence; 19. North 76°57'31" West a distance of 135.37 feet to a point, thence; 20. North 11°46'18" East a distance of 258.91 feet to a point, thence; 21. North 69°46'27" West a distance of 225.88 feet to a point, thence; 22. North 70°54'27" West a distance of 75.00 feet to the POINT OF BEGINNING. Containing an area of 89,733 square feet or 2.060 acres more or less. TEMPORARY PARCEL 4B TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being South 85°35'07" West a distance of 33.33 feet from the point of beginning of Temporary Parcel 4A, and running thence, 1. North 13°02'29" East a distance of 180.00 feet to a point, thence; 2. South 76°57'31" East a distance of 208.00 feet to a point, thence; 3. South 13°02'29" West a distance of 180.00 feet to a point, thence; 4. North 76°57'31" West a distance of 208.00 feet to the POINT OF BEGINNING. Containing an area of 37,440 square feet or 0.860 acres more or less. TEMPORARY PARCEL 5A TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being the terminus of the sixteenth (16) course of Permanent Parcel 1A-#2, and running thence, 1. South 64°59'09" East a distance of 95.29 feet to a point, thence; 2. South 02°23'14" West a distance of 220.44 feet to a point, thence; 3. North 78°43'58" West a distance of 134.03 feet to a point, thence; 4. North 13°02'29" East a distance of 240.55 feet to the POINT OF BEGINNING. Containing an area of 25,807 square feet or 0.592 acres more or less. TEMPORARY PARCEL 5B - #1 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being the southeasterly corner of Lot 1, Block 2125, and running thence, 1. North 72°40'12" West a distance of 1.77 feet to a point, thence; 2. On a curve to the right having a radius of 203.00 feet, an arc length of 110.63 feet, whose chord bears North 13°06'52" West a chord distance of 109.26 feet to a point of tangency, thence; 3. North 02°29'50" East a distance of 64.88 feet to a point of curva- ture, thence; 4. On a curve to the left having a radius of 650.00 feet, an arc length of 65.45 feet whose chord bears North 00°23'15" West a chord distance of 65.43 feet to a point of tangency, thence; 5. North 03°16'20" West a distance of 52.56 feet to a point of curva- ture, thence; 6. On a curve to the left having a radius of 300.00 feet, an arc length of 109.38 feet, whose chord bears North 13°42'59" West a chord distance of 108.77 feet to a point of compound curvature, thence; 7. On a curve to the left having a radius of 37.00 feet, an arc length of 44.47 feet, whose chord bears North 58°35'34" West a chord distance of 41.84 feet to a point, thence; 8. North 13°02'29" East a distance of 8.26 feet to a point, thence;S. 5101--C 7

9. On a curve to the right having a radius of 45.00 feet, an arc length of 51.80 feet, whose chord bears South 57°08'10" East a chord distance of 48.98 feet to a point of compound curvature, thence; 10. On a curve to the right having a radius of 308.00 feet, an arc length of 112.29 feet, whose chord bears South 13°43'00" East a chord distance of 111.67 feet to a point of tangency, thence; 11. South 03°16'20" East a distance of 26.42 feet to a point, thence; 12. On a curve to the right having a radius of 488.00 feet, an arc length of 21.77 feet, whose chord bears North 09°00'51" East a chord distance of 21.76 feet to a point of reverse curvature, thence; 13. On a curve to the left having a radius of 187.00 feet, an arc length of 47.38 feet, whose chord bears North 03°02'00" East a chord distance of 47.25 feet to a point of tangency, thence; 14. North 04°13'30" West a distance of 23.28 feet to a point, thence; 15. On a curve to the right having a radius of 158.00 feet, an arc length of 51.90 feet, whose chord bears North 05°11'05" East a chord distance of 51.66 feet to a point of compound curvature, thence; 16. On a curve to the right having a radius of 48.00 feet, an arc length of 21.44 feet, whose chord bears North 25°45'54" East a chord distance of 21.26 feet to a point, thence; 17. North 89°18'09" East a distance of 11.14 feet to a point, thence; 18. On a curve to the left having a radius of 40.00 feet, an arc length of 25.06 feet, whose chord bears South 30°45'44" West a chord distance of 24.66 feet to a point of compound curvature, thence; 19. On a curve to the left having a radius of 150.00 feet, an arc length of 49.39 feet, whose chord bears South 05°12'25" West a chord distance of 49.16 feet to a point of tangency, thence; 20. South 04°13'30" East a distance of 23.28 feet to a point of curva- ture, thence; 21. On a curve to the right having a radius of 195.00 feet, an arc length of 49.41 feet, whose chord bears South 03°02'00" West a chord distance of 49.27 feet to a point of reverse curvature, thence; 22. On a curve to the left having a radius of 480.00 feet, an arc length of 65.30 feet, whose chord bears South 06°23'41" West a chord distance of 65.25 feet to a point of tangency, thence; 23. South 02°29'50" West a distance of 112.48 feet to a point of curvature, thence; 24. On a curve to the left having a radius of 195.00 feet, an arc length of 98.31 feet, whose chord bears South 11°56'46" East a chord distance of 97.27 feet to a point, thence; 25. South 08°10'38" West a distance of 11.54 feet to the POINT OF BEGINNING. Containing an area of 5,143 square feet or 0.118 acres more or less. TEMPORARY PARCEL 5B - #2 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being North 85°41'12" East a distance of 50.91 feet from the intersection of the terminus of the tenth (10) course of Permanent Parcel 1A-#2 with the westerly right-of-way line of Warburton Avenue, and running thence, 1. North 85°41'12" West a distance of 9.26 feet to a point thence; 2. On a curve to the right having a radius of 15.00 feet, an arc length of 3.63 feet, whose chord bears North 18°58'12" West a chord distance of 3.62 feet to a point of compound curvature, thence;S. 5101--C 8

3. On a curve to the right having a radius of 88.00 feet, an arc length of 43.12 feet, whose chord bears North 01°59'47" East a chord distance of 42.69 feet to a point of tangency, thence; 4. North 16°01'59" East a distance of 96.14 feet to a point of curva- ture, thence; 5. On a curve to the left having a radius of 112.00 feet, an arc length of 31.89 feet, whose chord bears North 07°52'38" East a chord distance of 31.78 feet to a point, thence; 6. North 89°43'16" East a distance of 8.00 feet to a point, thence; 7. On a curve to the right having a radius of 120.00 feet, an arc length of 34.16 feet, whose chord bears South 07°52'38" West a chord distance of 34.05 feet to a point of tangency, thence; 8. South 16°01'59" West a distance of 96.14 feet to a point of curva- ture, thence; 9. On a curve to the left having a radius of 80.00 feet, an arc length of 39.20 feet, whose chord bears South 01°59'47" West a chord distance of 38.81 feet to a point of compound curvature, thence; 10. On a curve to the left having a radius of 7.00 feet, an arc length of 1.69 feet, whose chord bears South 18°58'12" East a chord distance of 1.69 feet to a point of tangency, thence; 11. South 25°53'59" East a distance of 4.66 feet to the POINT OF BEGINNING. Containing an area of 1,403 square feet or 0.032 acres more or less. TEMPORARY PARCEL 5B - #3 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being South 64°31'02" West a distance of 27.35 feet from the terminus of the fifth (5) course of Temporary Parcel 5B-#2, and running thence, 1. North 90°00'00" West a distance of 25.19 feet to a point, thence; 2. North 01°24'12" West a distance of 118.38 feet to a point, thence; 3. North 05°10'41" West a distance of 30.43 feet to a point, thence; 4. North 10°23'36" West a distance of 63.37 feet to a point, thence; 5. North 79°58'41" East a distance of 8.00 feet to a point, thence; 6. South 10°23'36" East a distance of 63.68 feet to a point, thence; 7. South 05°10'41" East a distance of 31.06 feet to a point, thence; 8. South 01°24'12" East a distance of 110.84 feet to a point, thence; 9. North 90°00'00" East a distance of 12.67 feet to a point to a point of curvature, thence; 10. On a curve to the right having a radius of 5.00 feet, an arc length of 8.36 feet, whose chord bears South 42°06'16" East a chord distance of 7.42 feet to a point of tangency, thence; 11. South 05°47'28" West a distance of 2.51 feet to the POINT OF BEGINNING. Containing an area of 1,838 square feet or 0.042 acres more or less. TEMPORARY PARCEL 5B - #4 TREVOR PARK SECTION 2, BLOCK 2125, LOT 1 BEGINNING at a point, said point being the terminus of the first (1) course of Permanent Parcel 3A, and running thence, 1. South 20°50'24" East a distance of 29.33 feet to a point of curva- ture, thence; 2. On a curve to the right having a radius of 89.90 feet, an arc length of 58.07 feet, whose chord bears South 02°14'45" East a chord distance of 57.06 feet to a point of compound curvature, thence;S. 5101--C 9

3. On a curve to the right having a radius of 216.20 feet, an arc length of 20.20 feet, whose chord bears South 18°56'05" West a chord distance of 20.19 feet to a point of reverse curvature, thence; 4. On a curve to the left having a radius of 240.26 feet, an arc length of 61.23 feet, whose chord bears South 14°18'39" West a chord distance of 61.06 feet to a point of reverse curvature, thence; 5. On a curve to the right having a radius of 551.36 feet, an arc length of 143.11 feet, whose chord bears South 14°26'45" West a chord distance of 142.71 feet to a point of reverse curvature, thence; 6. On a curve to the left having a radius of 357.96 feet, an arc length of 67.95 feet, whose chord bears South 16°26'38" West a chord distance of 67.85 feet to a point of reverse curvature, thence; 7. On a curve to the left having a radius of 228.38 feet, an arc length of 52.62 feet, whose chord bears South 04°24'18" West a chord distance of 52.51 feet to a point of reverse curvature, thence; 8. On a curve to the right having a radius of 312.62 feet, an arc length of 88.82 feet, whose chord bears South 05°56'36" West a chord distance of 88.52 feet to a point of reverse curvature, thence; 9. On a curve to the left having a radius of 436.92 feet, an arc length of 78.03 feet, whose chord bears South 08°57'59" West a chord distance of 77.93 feet to a point of compound curvature, thence; 10. On a curve to the left having a radius of 28.68 feet, an arc length of 33.05 feet, whose chord bears South 29°09'59" East a chord distance of 31.25 feet to a point, thence; 11. South 27°49'00" West a distance of 8.00 feet to a point, thence; 12. On a curve to the right having a radius of 36.68 feet, an arc length of 42.27 feet, whose chord bears North 29°09'59" West a chord distance of 39.97 feet to a point of compound curvature, thence; 13. On a curve to the right having a radius of 444.92 feet, an arc length of 79.46 feet, whose chord bears North 08°57'59" East a chord distance of 79.35 feet to a point of reverse curvature, thence; 14. On a curve to the left having a radius of 304.62 feet, an arc length of 86.55 feet, whose chord bears North 05°56'36" East a chord distance of 86.26 feet to a point of reverse curvature, thence; 15. On a curve to the right having a radius of 236.38 feet, an arc length of 54.47 feet, whose chord bears North 04°24'18" East a chord distance of 54.35 feet to a point of compound curvature, thence; 16. On a curve to the right having a radius of 365.96 feet, an arc length of 69.47 feet, whose chord bears North 16°26'38" East a chord distance of 69.36 feet to a point of reverse curvature, thence; 17. On a curve to the left having a radius of 543.36 feet, an arc length of 141.04 feet, whose chord bears North 14°26'45" East a chord distance of 140.64 feet to a point of reverse curvature, thence; 18. On a curve to the right having a radius of 248.26 feet, an arc length of 63.27 feet, whose chord bears North 14°18'39" East a chord distance of 63.10 feet to a point of reverse curvature, thence; 19. On a curve to the left having a radius of 208.20 feet, an arc length of 19.45 feet, whose chord bears North 18°56'05" East a chord distance of 19.45 feet to a point of compound curvature, thence; 20. On a curve to the left having a radius of 81.90 feet, an arc length of 52.89 feet, whose chord bears North 02°14'38" West a chord distance of 51.98 feet to a point of tangency, thence; 21. North 20°50'24" West a distance of 12.60 feet to a point, thence; 22. North 04°43'17" East a distance of 18.54 feet to the POINT OF BEGINNING. Containing an area of 5,015 square feet or 0.115 acres more or less.S. 5101--C 10

TEMPORARY PARCEL 6A J. F. KENNEDY PARK SECTION 2, BLOCK 2640, LOT 1 BEGINNING at a point, said point being the terminus of the third (3) course of Permanent Parcel 1C, and running thence, 1. North 76°15'44" West a distance of 16.12 feet to a point, thence; 2. North 14°07'15" East a distance of 786.44 feet to a point, thence; 3. North 17°50'36" East a distance of 611.83 feet to a point, thence; 4. North 42°35'06" West a distance of 154.38 feet to a point, thence; 5. North 19°22'04" East a distance of 134.89 feet to a point, thence; 6. South 72°15'22" East a distance of 104.93 feet to a point, thence; 7. South 17°44'38" West a distance of 13.51 feet to a point, thence; 8. North 72°15'22" West a distance of 90.00 feet to a point, thence; 9. South 19°22'04" West a distance of 109.18 feet to a point, thence; 10. South 42°35'06" East a distance of 153.64 feet to a point, thence; 11. South 17°50'36" West a distance of 623.93 feet to a point, thence; 12. South 14°07'15" West a distance of 292.13 feet to a point of curvature, thence; 13. On a curve to the left having a radius of 98.73 feet, an arc length of 41.27 feet, whose chord bears South 01°24'31" West a chord distance of 40.97 feet to a point of tangency, thence; 14. South 10°34'00" East a distance of 74.16 feet to a point to a point of curvature, thence; 15. On a curve to the right having a radius of 165.00 feet, an arc length of 141.82 feet, whose chord bears South 14°03'25" West a chord distance of 137.50 feet to a point of tangency, thence; 16. South 38°40'50" West a distance of 74.36 feet to a point of curva- ture, thence; 17. On a curve to the left having a radius of 100.00 feet, an arc length of 43.53 feet, whose chord bears South 26°12'33" West a chord distance of 43.19 feet to a point of tangency, thence; 18. South 13°44'16" West a distance of 139.01 feet to the POINT OF BEGINNING. Containing an area of 37,632 square feet or 0.864 acres more or less. TEMPORARY PARCEL 6B - #1 J. F. KENNEDY PARK SECTION 2, BLOCK 2640, LOT 1 BEGINNING at a point, said point being North 14°07'15" East a distance of 214.41 feet from the terminus of the sixth (6) course of Temporary Parcel 6C, and running thence, 1. North 14°07'15" East a distance of 8.06 feet to a point, thence; 2. On a curve to the right having a radius of 96.11 feet, an arc length of 45.60 feet, whose chord bears South 69°01'07" East a chord distance of 45.17 feet to a point of reverse curvature, thence; 3. On a curve to the left having a radius of 25.10 feet, an arc length of 37.68 feet, whose chord bears North 81°33'51" East a chord distance of 34.24 feet to a point of compound curvature, thence; 4. On a curve to the left having a radius of 136.56 feet, an arc length of 90.59 feet, whose chord bears North 19°33'03" East a chord distance of 88.94 feet to a point of compound curvature, thence; 5. On a curve to the left having a radius of 343.87 feet, an arc length of 88.41 feet, whose chord bears North 06°49'08" West a chord distance of 88.17 feet to a point, thence; 6. North 75°54'08" West a distance of 46.29 feet to a point, thence;S. 5101--C 11

7. North 17°50'36" East a distance of 8.02 feet to a point, thence; 8. South 75°54'08" East a distance of 94.56 feet to a point, thence; 9. On a curve to the left having a radius of 15.19 feet, an arc length of 5.67 feet, whose chord bears North 13°54'13" West a chord distance of 5.63 feet to a point of tangency, thence; 10. North 24°35'41" West a distance of 24.19 feet to a point of curva- ture, thence; 11. On a curve to the right having a radius of 59.00 feet, an arc length of 77.33 feet, whose chord bears North 12°57'16" East a chord distance of 71.91 feet to a point of tangency, thence; 12. North 50°30'12" East a distance of 15.54 feet to a point, thence; 13. On a curve to the left having a radius of 25.54 feet, an arc length of 27.13 feet, whose chord bears North 65°30'42" West a chord distance of 25.88 feet to a point, thence; 14. On a curve to the right having a radius of 11.00 feet, an arc length of 28.67 feet, whose chord bears North 62°17'30" West a chord distance of 21.22 feet to a point, thence; 15. On a curve to the right having a radius of 60.49 feet, an arc length of 31.29 feet, whose chord bears North 65°23'26" West a chord distance of 30.94 feet to a point, thence; 16. North 17°50'36" East a distance of 5.42 feet to a point, thence; 17. On a curve to the left having a radius of 55.49 feet, an arc length of 32.17 feet, whose chord bears South 65°07'19" East a chord distance of 31.72 feet to a point, thence; 18. On a curve to the right having a radius of 11.00 feet, an arc length of 29.29 feet, whose chord bears South 63°50'06" East a chord distance of 21.37 feet to a point, thence; 19. On a curve to the right having a radius of 30.54 feet, an arc length of 28.83 feet, whose chord bears South 62°50'54" East a chord distance of 27.77 feet to a point, thence; 20. North 50°30'12" East a distance of 3.58 feet to a point of curva- ture, thence; 21. On a curve to the left having a radius of 17.73 feet, an arc length of 9.77 feet, whose chord bears North 33°15'15" East a chord distance of 9.65 feet to a point of tangency, thence; 22. North 17°27'35" East a distance of 22.19 feet to a point of curva- ture, thence; 23. On a curve to the left having a radius of 6.00 feet, an arc length of 9.25 feet, whose chord bears North 24°53'08" West a chord distance of 8.36 feet to a point of tangency, thence; 24. North 69°01'00" West a distance of 78.83 feet to a point, thence; 25. North 17°50'36" East a distance of 8.01 feet to a point, thence; 26. South 69°01'00" East a distance of 79.27 feet to a point of curvature, thence; 27. On a curve to the right having a radius of 14.00 feet, an arc length of 21.42 feet, whose chord bears South 25°11'37" East a chord distance of 19.39 feet to a point of tangency, thence; 28. South 17°27'35" West a distance of 22.09 feet to a point, thence; 29. On a curve to the right having a radius of 25.73 feet, an arc length of 14.30 feet, whose chord bears South 33°22'40" West a chord distance of 14.11 feet to a point of tangency, thence; 30. South 50°30'12" West a distance of 24.23 feet to a point of curva- ture, thence; 31. On a curve to the left having a radius of 51.00 feet, an arc length of 66.85 feet, whose chord bears South 12°57'16" West a chord distance of 62.16 feet to a point of tangency, thence;S. 5101--C 12

32. South 24°35'41" East a distance of 24.67 feet to a point, thence; 33. On a curve to the right having a radius of 16.00 feet, an arc length of 11.06 feet, whose chord bears South 04°47'51" East a chord distance of 10.84 feet to a point of tangency, thence; 34. South 14°59'58" West a distance of 7.34 feet to a point, thence; 35. North 75°54'08" West a distance of 40.50 feet to a point of curva- ture, thence; 36. On a curve to the left having a radius of 4.00 feet, an arc length of 8.14 feet, whose chord bears South 45°50'05" West a chord distance of 6.80 feet to a point of reverse curvature, thence; 37. On a curve to the right having a radius of 351.87 feet, an arc length of 79.68 feet, whose chord bears South 05°56'26" East a chord distance of 79.51 feet to a point of compound curvature, thence; 38. On a curve to the right having a radius of 144.56 feet, an arc length of 95.89 feet, whose chord bears South 19°33'03" West a chord distance of 94.15 feet to a point of compound curvature, thence; 39. On a curve to the right having a radius of 33.10 feet, an arc length of 49.69 feet, whose chord bears South 81°33'51" West a chord distance of 45.16 feet to a point of reverse curvature, thence; 40. On a curve to the left having a radius of 88.11 feet, an arc length of 42.75 feet, whose chord bears North 69°19'33" West a chord distance of 42.33 feet to the POINT OF BEGINNING. Containing an area of 5,707 square feet or 0.131 acres more or less. TEMPORARY PARCEL 6B - #2 J. F. KENNEDY PARK SECTION 2, BLOCK 2640, LOT 1 BEGINNING at a point, said point being South 75°14'25" East a distance of 23.90 feet from the terminus of the twenty ninth (29) course of Temporary Parcel 6B-#1, and running thence, 1. North 15°08'59" East a distance of 8.00 feet to a point, thence; 2. South 75°54'08" East a distance of 1.03 feet to a point, thence; 3. North 15°07'37" East a distance of 71.93 feet to a point, thence; 4. South 74°52'23" East a distance of 7.00 feet to a point, thence; 5. South 15°07'37" West a distance of 79.81 feet to a point, thence; 6. North 75°54'08" West a distance of 8.03 feet to the POINT OF BEGIN- NING. Containing an area of 567 square feet or 0.013 acres more or less. TEMPORARY PARCEL 6C J. F. KENNEDY PARK SECTION 2, BLOCK 2640, LOT 1 BEGINNING at a point, said point being the terminus of the fourth (4) course of Permanent Parcel 1C, and running thence, 1. North 13°44'16" East a distance of 19.36 feet to a point of curva- ture, thence; 2. On a curve to the right having a radius of 100.00 feet, an arc length of 43.53 feet, whose chord bears North 26°12'33" East a chord distance of 43.19 feet to a point of tangency, thence; 3. North 38°40'50" East a distance of 74.36 feet to a point of curva- ture, thence; 4. On a curve to the left having a radius of 165.00 feet, an arc length of 141.82 feet, whose chord bears North 14°03'25" East a chord distance of 137.50 feet to a point of tangency, thence; 5. North 10°34'00" West a distance of 74.16 feet to a point of curva- ture, thence;S. 5101--C 13

6. On a curve to the right having a radius of 98.73 feet, an arc length of 41.27 feet, whose chord bears North 01°24'31" East a chord distance of 40.97 feet to a point of tangency, thence; 7. North 14°07'15" East a distance of 292.13 feet to a point, thence; 8. North 17°50'36" East a distance of 623.93 feet to a point, thence; 9. North 42°35'06" West a distance of 15.16 feet to a point, thence; 10. North 14°11'26" East a distance of 57.33 feet to a point, thence; 11. On a curve to the left having a radius of 69.29 feet, an arc length of 77.51 feet, whose chord bears North 35°44'06" East a chord distance of 73.53 feet to a point, thence; 12. South 73°14'03" East a distance of 94.41 feet to a point, thence; 13. North 17°18'27" East a distance of 36.93 feet to a point, thence; 14. South 67°46'09" East a distance of 77.83 feet to a point, thence; 15. South 21°46'35" West a distance of 175.02 feet to a point, thence; 16. South 74°36'27" West a distance of 14.03 feet to a point, thence; 17. South 20°59'00" West a distance of 409.94 feet to a point, thence; 18. South 74°51'01" East a distance of 23.02 feet to a point, thence; 19. South 15°08'59" West a distance of 64.00 feet to a point, thence; 20. North 74°51'01" West a distance of 23.98 feet to a point, thence; 21. South 15°07'37" West a distance of 17.81 feet to a point, thence; 22. North 75°54'08" West a distance of 8.03 feet to a point, thence; 23. South 14°38'59" West a distance of 146.25 feet to a point, thence; 24. North 74°51'01" West a distance of 25.28 feet to a point, thence; 25. South 15°08'59" West a distance of 230.05 feet to a point of curvature, thence; 26. On a curve to the left having a radius of 213.30 feet, an arc length of 26.06 feet, whose chord bears South 11°38'58" West a chord distance of 26.04 feet to a point of tangency, thence; 27. South 08°39'21" West a distance of 353.95 feet to a point, thence; 28. North 84°35'23" West a distance of 138.81 feet to the POINT OF BEGINNING. Containing an area of 179,448 square feet or 4.120 acres more or less. All said parcels above subject to any easements or restrictions of record which an accurate title search may discover. J. F. KENNEDY PARK PARCEL 1.C FOR CONVEYANCE SECTION 2, BLOCK 2640, LOT 1 BEGINNING at a point, said point being the southeasterly corner of Lot 1, Block 2640, and running thence, 1. North 73°24'27" West a distance of 257.70 feet to a point, thence; 2. North 13°22'17" East a distance of 181.53 feet to a point, thence; 3. South 76°15'44" East a distance of 97.31 feet to a point, thence; 4. North 13°44'16" East a distance of 119.65 feet to a point, thence; 5. South 84°35'23" East a distance of 138.81 feet to a point, thence; 6. South 08°39'21" West a distance of 11.45 feet to a point of curva- ture, thence; 7. On a curve to the left having a radius of 212.00 feet, an arc length of 52.61 feet whose chord bears South 01°33'37" West a chord distance of 52.48 feet to a point of reverse curvature, thence; 8. On a curve to the right having a radius of 488.00 feet, an arc length of 48.26 feet whose chord bears South 02°42'58" East a chord distance of 48.24 feet to a point, thence; 9. South 14°12'46" West a distance of 225.16 feet to the POINT OF BEGINNING. Containing an area of 68,417 square feet or 1.571 acres more or less.S. 5101--C 14

Subject to any easements or restrictions of record which an accurate title search may discover. S 5. The lands referred to in section three of this act to be dedi- cated as parkland are: all that certain piece or parcel of land lying and being in the city of Yonkers, county of Westchester and state of New York and being more particularly bounded and described as follows: Beginning at a point at the Northerly bounds of Nepperhan Avenue and the Easterly bounds of New Main Street. Thence; Along New Main Street N 29°58'00" W a distance of 268.75' to a point at the Southerly bounds of Ann Street. Thence; Along the Southerly bounds of Ann Street N 65°41'40" E a distance of 121.40' to a point at the Westerly Bounds of lands now or formerly the City of Yonkers (Getty Square Parking Area). Thence; Though the of lands now or formerly the City of Yonkers (Getty Square Parking Area) S 37°29'05" E a distance of 160.61' to a point at the Westerly bounds of Henry Herz Street. Thence; Along the Westerly bounds of Henry Herz Street S 31°37'01" E a distance of 98.04' to a point at the Northerly bounds of Nepperhan Avenue. Thence; Along the Northerly bounds of Nepperhan Avenue S 60°13'00" W a distance of 144.65' to a point which is the point of beginning, Having an area of 35636.99 square feet, 0.818 acres. All that certain piece or parcel of land lying and being in the city of Yonkers, county of Westchester and state of New York and being more particularly bounded and described as follows: Beginning at a point, point being S 12°40'23"W 142.89' from the North- west corner of lands of now or formerly Yonkers CDA. Thence through the lands of now or formerly Yonkers CDA the following 9 courses and distances; 1. S 03°19'54" W a distance of 39.47' to a point. Thence; 2. S 01°50'41" W an American Sugar distance of 144.90' to a point. Thence; 3. N 89°01'20" W a distance of 88.02' to a point. Thence; 4. S 04°18'15" W a distance of 51.28' to a point. Thence; 5. S 04°02'40" W a distance of 38.06' to a point. Thence; 6. S 32°58'32" W a distance of 63.42' to a point. Thence; 7. S 12°13'48" W a distance of 248.54' to a point. Thence; 8. On a curve turning to the left with an arc length of 14.24', with a radius of 32.00', with a chord bearing of S 66°45'37" E, with a chord length of 14.13' to a point. Thence; 9. On a reverse curve turning to the right with an arc length of 143.20', with a radius of 157.00', with a chord bearing of S 53°22'59" E, with a chord length of 138.29' to a point at the Northerly bounds of the now or formerly American Sugar. Thence; Along the bounds of the now or formerly American Sugar N 87°02'24" W a distance of 57.60' to the Mean High Water Level. Thence; Along Mean High Water Level 594± to a point. Thence: S 78°40'50" E a distance of 145.69' to a point. Thence: N 12°40'23" E a distance of 187.20' to a point which is the point of beginning, Having an area of 40691.34 square feet, 0.934 acres. S 6. Should the leased lands described in section four of this act ever cease to be used for the purposes described in section two of this act, the lease shall terminate and those lands and improvements theretoS. 5101--C 15

shall revert to the city of Yonkers for exclusive park and recreational purposes. S 7. If the parkland that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of parkland authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satis- fying the secretary of the interior that the discontinuance will include all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being discontin- ued. S 8. This act shall take effect immediately.

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