RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ AND MERANTE
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RESOLUTION AUTHORIZING THE ADOPTION AND PUBLICATION BY THE CITY COUNCIL OF THE CITY OF YONKERS OF THE DETERMINATION AND FINDINGS (AS DEFINED BELOW) UNDER SECTION 204 OF THE NEW YORK EMINENT DOMAIN PROCEDURE LAW CONCERNING THE PROPOSED CONDEMNATION OF CERTAIN REAL PROPERTY CONSISTING PRINCIPALLY OF A LEASEHOLD INTEREST ON ONE PARCEL, IN CONNECTION WITH THE PROJECT (AS DEFINED IN THE DETERMINATION AND FINDINGS)
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WHEREAS, the City of Yonkers (the "City") is a municipal corporation with authority, pursuant to subdivision 2 of Section 20 of the General City Law of the State of New York, as amended (hereinafter called the "Legislation"), to take real property, either within or outside the limits of the City, required for any public purpose; and
WHEREAS, the City Council of the City of Yonkers (the "City Council") desires to exercise its power of eminent domain, if necessary, for the "acquisition" of certain "real property" as such quoted terms are defined in the New York Eminent Domain Procedure Law (the "EDPL") located in the City of Yonkers, Westchester County, New York comprised of a leasehold interest held by All County Bus, LLC, located at 76 a/k/a 70 Fernbrook Street a/k/a 8 Water Grant Street, City of Yonkers, Westchester County, New York and identifiable as Section 1, Block 615, Lot 1 on the Tax Map of the City of Yonkers, all in connection with the Project (as defined in the hereinafter defined Determination and Findings); and
WHEREAS, in accordance with the EDPL, the City Council conducted a duly noticed public hearing on March 25, 2025 at 6:30 p.m. to inform the public and to review the public use, benefit or purpose to be served by the Project, the proposed location of the Project and its general effect on the environment and the residents of the locality where the Project is proposed to be constructed and whereat, the public was provided an opportunity to provide any comments (the "Hearing"); and
WHEREAS, by Resolution No. 196-2024 adopted prior hereto on December 10, 2024, the City Council, in accordance with the EDPL and pursuant to the New York State Environmental Quality Review Act, Article 8 of the New York Environmental Conservation Law and the regulations promulgated thereunder at 6 N.Y.C.R.R. Part 617 (collectively referred to as "SEQRA"), issued a Negative Declaration determining that the Project will not result in a potential significant adverse impact to the environment and thereby satisfying the applicable requirements set forth in SEQRA as necessary; and
WHEREAS, the City Council, having considered the foregoing, now desires to adopt and publish the Determination and Findings in accordance with the EDPL and any applicable laws, rules or regulations.
NOW, THEREFORE, BE IT RESOLVED that the Yonkers City Council, pursuant to Section 204 of the EDPL, hereby (i) adopts the determination and findings in the form presented at this meeting with such changes as approved by counsel to the City (the "Determination and Findings") as more fully set forth in Exhibit A annexed hereto and made a part hereof and (ii) authorizes its members, officers, employees and agents of the City (including Corporation Counsel and special counsel to the City) to (A) publish a brief synopsis of the Determination and Findings (B) mail notice of such brief synopsis to owner(s) of the Parcel (and/or their attorney of record) and (C) take all steps appropriate to comply with applicable provisions of the EDPL and all other applicable laws, rules or regulations to implement this Resolution.