Bill S7842-2013

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

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

Details

Actions

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

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Memo

BILL NUMBER:S7842

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

PURPOSE OR GENERAL IDEA OF BILL:

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

SUMMARY OF SPECIFIC PROVISIONS:

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

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

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

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

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

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

Section 7 sets an immediate effective date.

JUSTIFICATION:

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

PRIOR LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

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

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7842 IN SENATE June 13, 2014 ___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT in relation to the substitution of certain parkland in the city of Yonkers, county of Westchester THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The city of Yonkers, county of Westchester, is hereby authorized to discontinue as parkland the land described in section three of this act. S 2. The authorization contained in section one of this act shall only be effective on the condition that the city of Yonkers use the lands described in section three of this act in part for school purposes and after the city of Yonkers council holds a public hearing with notice. S 3. The land to be discontinued as parkland is described as follows: Beginning at a point at the northwesterly terminus of Bartholdi Place (paper street) and runs thence from said point of beginning along said westerly street boundary South 08 deg. 50 min. 39 sec. West a distance of 75.00 feet to its intersection with the boundary line between lands now or formerly of City of Yonkers as described in Liber 10271 of deeds at page 197 on the South and Irving Park on the North; thence along said boundary line North 81 deg. 09 min. 21 sec. West a distance of 113.19 feet to its intersection with the boundary line between lands now or formerly of New York Central Railroad Company on the West and Irving Park on the East; thence along said boundary line along a curve to the right having a radius of 4,003.00 feet, an arc distance of 228.81 feet, (the chord for the above last described course being North 02 deg. 23 min. 02 sec. East a distance of 228.78 feet) to its intersection with the boundary line between lands now or formerly of One Point Street, Inc. as described in Liber 46261 of deeds at page 403 on the North and Irving Park on the South; thence along said lands of One Point Street, Inc., in part, and along the southerly terminus of Glenwood Terrace, in part, and a second parcel owned by One Point Street, Inc. as described in Liber 50148 of deeds at page 3185, South 72 deg. 43 min. 13 sec. East
a distance of 191.00 feet to its intersection with the boundary line between lands now or formerly of Starke as described in Liber 6963 of deeds at page 259 on the East and Irving Park on the West; thence along the common boundary line between lands now or formerly of Starke, City of Yonkers, Cardy, and Singh, South 08 deg. 50 min. 39 sec. West a distance of 124.31 feet to its intersection with the boundary line between lands now or formerly of 801B, LLC. as described in Liber 41079 of deeds at page 529 on the South and Irving Park on the North; thence along said boundary line, in part, and along the northerly terminus of Bartholdi Place, in part, North 81 deg. 09 min. 21 sec. West a distance of 50.00 feet to the point or place of beginning and containing 0.778± acres of land. S 4. The replacement land to be dedicated by the City of Yonkers, County of Westchester, to use as parkland for public purposes is described as follows: Parcel 1: Beginning at a point on the easterly boundary of Ravine Avenue at its intersection with the boundary line between Lot 59 on the north and Lot 58 on the south, said point lying 100.00 feet Northerly, along the easterly boundary of Ravine Avenue, from the northerly boundary of Gold Street; and runs thence from said point of beginning Northerly a distance of 75.00 feet to its inter- section with the boundary line between Lot 62 on the north and Lot 61 on the south; thence Easterly perpendicular to Ravine Avenue, and parallel with Gold Street, a distance of 100.00 feet to its intersection with the common boundary line between Lots 48, 49, and 50 on the east, and lands herein described on the west thence Southerly along said boundary line, and parallel with Ravine Avenue, a distance of 75.00 feet to its inter- section with the above first mentioned boundary line; thence Westerly along said boundary line, and parallel with Gold Street a distance of 100.00 feet to the point or place of beginning and containing 7.500± sq. ft. of land. Parcel 2: Beginning at a point on the easterly boundary of Ravine Avenue and its intersection with the boundary line between Lot 64 on the north and Lot 63 on the south, said points lying 225.00 feet Northerly, along the easterly boundary of Ravine Avenue, from the north- erly boundary of Gold Street; and runs thence from said point of begin- ning Northerly a distance of 100.00 feet to its intersection with the boundary line between Lot 68 on the north and Lot 67 on the south; thence Easterly perpendicular to Ravine Avenue, and parallel with Gold Street, a distance of 100.00 feet to its intersection with the common boundary line between Lots 42, 43, 44 and 45 on the east, and lands herein described on the west; thence Southerly along said boundary line, and parallel with Ravine Avenue, a distance of 100.00 feet to its inter- section with the above first mentioned boundary line; thence Westerly along said boundary, and parallel with Gold Street a distance of 100.00 feet to the point or place of beginning and containing 10,000± sq. ft. of land. Parcel 3: Beginning at a point on the easterly boundary of Ravine Avenue at its intersection line between land now or formerly of the City of Yonkers on the north and land now or formerly of Mukherjee on the south, said point lying 376.00 feet Northerly, along the easterly boundary of Ravine Avenue, from the northerly boundary f Gold Street; and runs thence from said point of beginning Northerly a distance of 49.00 feet to its intersection with the boundary line between Lot 72 on the north and Lot 71 on the south; then Easterly perpendicular to Ravine, and parallel with Gold Street, a distance of 100.00 feet to its intersection with the common boundary line between Lots 38 and 39 on the east, and lands herein described on the west; thence Southerly along said boundary line, and parallel with Ravine Avenue, a distance of 49.00
feet to its intersection with the above first mentioned boundary line; thence Westerly along said boundary line, and parallel with Gold Street distance of 100.00 feet to the point or place of beginning and contain- ing 4,900± sq. ft. of land. S 5. In the event that the lands to be acquired, as described in section four of this act, are not equal or greater in fair market value that the lands being alienated, as described in section three of this act, the city of Yonkers shall dedicate the difference in the fair market value for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facilities. S 6. If the land that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontin- uance of parklands authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the discontinuance will include all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being discontinued. S 7. This act shall take effect immediately.

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