SPECIAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND HODGES:
titleA SPECIAL ORDINANCE AUTHORIZING AN ENCROACHMENT IN THE
RIGHT-OF-WAY ON GREYSTONE TERRACE, SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
body
The City of Yonkers, in City Council convened, hereby ordained and enacts:
Section 1. Permission is hereby granted to Nicholas Griffiths, as owner of 1 aka 9 Greystone Terrace, Yonkers, New York 10701, also known as Section 2, Block 2136, Lots 10.16, on the Official City Tax Map (the “Owner”), to maintain an encroachment consisting of a wrought iron fence upon the City right-of-way located on Greystone Terrace in accordance with and as shown on a plan, dated January 26, 2026, to be approved by the City Engineer;
Section 2. This permission to encroach is granted subject to the following terms and conditions, to wit:
(a) That the entire cost and expense of obtaining and thereafter
maintaining the encroachment on Greystone Terrace shall be paid by
the Owner, his successors and/or assigns without expense to or
contribution by the City of Yonkers;
(b) That neither the approval of the above-referred survey by the
appropriate city official, nor the placement of any improvements by the
owner of 1 aka 9 Greystone Terrace upon said encroachment shall be deemed a waiver, or in any way affect the right, of the City of Yonkers to provide for construction or otherwise improve its right-of-way; provided further that the City of Yonkers reserves the right to assess the property benefited in like manner and in like effect as if approval had not been given by the City of Yonkers. That the granting of this permission shall in no way free or release said Owner or any successors or assigns from the payment of any assessment hereafter imposed;
(c) That no permanent improvements, other than the proposed fence, will be allowed on, above or under the encroachment area;
(d) That the permitted encroachment upon Greystone Terrace consisting of the proposed wrought iron fence shall be 4” 1 “ +/- feet within the city right-of-way, replacing a currently existing wooden fence.
(e) That the Owner, his successors and/or assigns, shall
secure all necessary permits and consents and shall secure and maintain
a property damage and public liability insurance policy naming the City of Yonkers as insured, or as an additional named insured in the amount and form satisfactory to the City Engineer and the Corporation Counsel of the City of Yonkers and provide the City of Yonkers with evidence thereof within thirty (30) days of approval of this permission to encroach;
(f) The City of Yonkers reserves the right to revoke or terminate this
permission to encroach for whatever reason, upon thirty (30) days written notice to the owner, whenever it may deem such revocation necessary; upon revocation or termination of this permission, the owner, her successors and/or assigns shall immediately remove any improvement placed within said encroachment at the express direction of the City of Yonkers, at the Owner’s cost and expense;
(g) That the Owner, his successors and/or assigns shall, for whatever period this permission remains in effect, save harmless and indemnify the City of Yonkers for any and all claims, actions, suits, judgments, demands, losses, damages, causes of action, including personal injury and/or death, including all costs related to the defense thereof;
(h) That the City of Yonkers or authorized representatives shall be permitted entry upon the area of encroachment at any time and for any
reason;
(I) That the Owner shall remit a one-time administrative fee of $750.00 payable to City of Yonkers.
Section 3. This ordinance shall take effect immediately.