SPECIAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND HODGES:
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A SPECIAL ORDINANCE AUTHORIZING AN ENCROACHMENT IN THE RIGHT-OF-WAY ON MCLEAN AVENUE, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
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The City of Yonkers, in City Council convened, hereby ordained and enacts:
Section 1. Permission is hereby granted to CITY OF NEW YORK (“NYC”), as owner of 750 McLean Avenue (aka 81 Cumberland Drive), Yonkers, New York 10701, also known as Section 6, Block 6224, Lot 32, on the Official City Tax Map (the “owner”), to maintain an encroachment upon the City right-of-way located on McLean Avenue, in accordance with and as shown on a survey, 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 McLean Avenue shall be paid by NYC, its 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 NYC 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 NYC or any successors or assigns from the payment of any assessment hereafter imposed;
(c) That no permanent improvements other than those authorized herein shall be allowed on, above or under the encroachment area;
(d) That the permitted encroachment is limited to a maximum of 30’ 2” (+/-) X 5’ 2” (...
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