Bill S3992A-2011

Authorizes the city of New York to lease certain parklands to the New York Botanical Garden for a term of 30 years

Authorizes the city of New York to lease certain parklands to the New York Botanical Garden for a term of 30 years.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Mar 12, 2012: ADVANCED TO THIRD READING
  • Mar 7, 2012: 2ND REPORT CAL.
  • Mar 6, 2012: 1ST REPORT CAL.308
  • Jan 4, 2012: REFERRED TO CITIES
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 1, 2011: AMENDED ON THIRD READING (T) 3992A
  • Apr 11, 2011: ADVANCED TO THIRD READING
  • Apr 6, 2011: 2ND REPORT CAL.
  • Apr 5, 2011: 1ST REPORT CAL.312
  • Mar 11, 2011: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - Mar 6, 2012
Ayes (5): Lanza, DeFrancisco, Grisanti, Robach, Avella
Excused (1): Oppenheimer

Memo

BILL NUMBER:S3992A

TITLE OF BILL: An act to authorize the city of New York to lease certain parkland in the borough of the Bronx to the New York Botanical Garden for a term of 30 years

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is authorize the City of New York to lease certain parklands along the Dr. Theodore Kazimiroff Boulevard to the New York Botanical Garden so that such parklands may be enhanced for better enjoyment by the general public.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Authorizes the City of New York to lease 3.84 acres of parkland to the New York Botanical Gardens so that the Botanical Gardens may enhance this parkland area and utilize it more effectively as one of the Garden's public gateway entrances. Such lease shall be for 30 years.

Section 2: Such property transfer shall not be subject to New York City Charter sections 197-c and 197-d (Uniform Land Use Review Procedure and Council Review of City Planning Commission Actions) .

Section 3: Provides that the current uses of the parkland shall remain and continue to be used as parklands under the terms of the lease agreement and freely accessible to the general public without fee.

Section 4: This provision provides a description of the property to be transferred under the terms of the lease. Such property is 3.84 acres and is bounded by the Dr. Theodore Kazimiroff Boulevard, Metro-North Railroad, Bedford Park Boulevard, and the Mosholu Parkway. The parcel is approximately 995 feet long(north to south) and 235 feet wide (east to west). This property, at one time, was part of the New York Botanical Garden property, but was transferred to the City of New York in 1937 for a proposed road construction project that never occurred. This bill reverses that transaction so that the New York Botanical Garden can expand its area for receiving visitors and exhibiting horticultural specimens.

Section 5: A reverter clause is incorporated into this bill so that if the lands cease to be used as parkland, that the property shall revert back to the City of New York.

JUSTIFICATION: This bill authorizes the City of New York and the New York Botanical Garden to enter into a 30 year lease for the property described above. Giving additional control to the Botanical Gardens over this 3.84 acre parcel will enable the Gardens to enhance their entrance to the Gardens from the Metro-North station that adjoins the park. Thereby, enhancing the visual and environmental experience of visitors to the Gardens and to residents of this community.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 3992--A Cal. No. 312 2011-2012 Regular Sessions IN SENATE March 11, 2011 ___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to authorize the city of New York to lease certain parkland in the borough of the Bronx to the New York Botanical Garden for a term of 30 years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The city of New York, acting by and through the commission- er of parks and recreation of such city, is hereby authorized to lease the parkland described in section four of this act to the New York Botanical Garden for a term of thirty years for such consideration and upon such other terms and conditions as may be agreed upon between the parties for the extension and development of the work and objects of the Botanical Garden including, but not limited to, the improvement of such parkland through upgraded landscaping and maintenance. Such authori- zation includes the right to lease any of the parkland described in section four of this act that may have been mapped for street purposes. Any agency of the city to which any of the land described in section four of this act has been assigned for street purposes is authorized to transfer such land to the department of parks and recreation of such city for use as parkland. S 2. The lease of parkland to the New York Botanical Garden pursuant to section one of this act and any necessary change of the city map shall not be subject to review and approval pursuant to sections 197-c and 197-d of the New York city charter. S 3. The parkland described in section four of this act on the effec- tive date of this act shall remain freely accessible to the general public without fee during the term of such lease.
S 4. The parkland, inclusive of any rights-of-way, authorized to be leased to the New York Botanical Garden is described as follows: ALL THAT CERTAIN TRACT, Parcel, or Piece of Land situate, lying and being in the Borough of Bronx, County of Bronx, City and State of New York and being more particularly described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Bedford Park Boulevard (irregular width) with the easterly side of Webster Avenue (100' wide); distant S31°50'15"E 261.32' to a point of curvature. Continuing along a curve to the left with a chord bearing of S35°46'22"E, a chord length of 18.47 feet, a radius of 98.00 feet, a distance of 18.50 feet to the point or place of beginning. THENCE S54°25'04"W, a distance of 4.88 feet to a point, thence along a curve to the left with a chord bearing of S61°16'32"E, a chord length of 96.61 feet, a radius of 84.96 feet, a distance of 102.76 feet to a point, THENCE along a curve to the left with a chord bearing of N70°26'46"E, a chord length of 30.62 feet, a radius of 78.64 feet, a distance of 30.81 feet to a point, THENCE S55°57'26"E, a distance of 10.83 feet to a point, THENCE S14°16'27"W, a distance of 6.00 feet to a point, THENCE N88°47'07"E, a distance of 13.91 feet to a point, THENCE along a curve to the left with a chord bearing of N84°09'09"E, a chord length of 23.52 feet, a radius of 93.94 feet, a distance of 23.58 feet to a point, THENCE N72°22'46"E, a distance of 41.11 feet to a point, THENCE along a curve to the right with a chord bearing of N81°45'20"E, a chord length of 81.53 feet, a radius of 333.88 feet, a distance of 81.73 feet to a point, THENCE N89°03'09"E, a distance of 19.73 feet to a point, THENCE N78°56'06"E, a distance of 13.85 feet to a point, THENCE N75°30'35"E, a distance of 65.05 feet to a point, THENCE N66°44'41"E, a distance of 8.58 feet to a point, THENCE N60°51'40"E, a distance of 79.24 feet to a point, THENCE N37°56'25"E, a distance of 4.42 feet to a point, THENCE N25°05'46"E, a distance of 19.56 feet to a point, THENCE N23°48'48"E, a distance of 34.49 feet to a point, THENCE N51°32'33"E, a distance of 71.57 feet to a point, THENCE N45°51'39"E, a distance of 23.99 feet to a point, THENCE N00°04'41"W, a distance of 29.41 feet to a point, THENCE along a curve to the left with a chord bearing of N70°39'33"E, a chord length of 21.73 feet, a radius of 50.25 feet, a distance of 21.90 feet to a point, THENCE N49°34'15"E, a distance of 46.20 feet to a point, THENCE N45°33'29"E, a distance of 26.36 feet to a point, THENCE along a curve to the right with a chord bearing of N49°42'07"E, a chord length of 100.38 feet, a radius of 1189.80 feet, a distance of 100.41 feet to a point, THENCE along a curve to the right with a chord bearing of N53°10'31"E, a chord length of 97.57 feet, a radius of 3993.59 feet, a distance of 97.57 feet to a point, THENCE N55°02'24"E, a distance of 46.14 feet to a point, THENCE along a curve to the right with a chord bearing of N28°19'45"E, a chord length of 30.22 feet, a radius of 41.30 feet, a distance of 30.94 feet to a point, THENCE N09°40'43"E, a distance of 34.34 feet to a point, THENCE N80°19'17"W, a distance of 6.45 feet to a point,
THENCE along a curve to the left with a chord bearing of N12°37'29"W, a chord length of 136.77 feet, a radius of 234.86 feet, a distance of 138.78 feet to a point, THENCE S54°25'04"W, a distance of 432.47 feet to a point, THENCE S35°34'56"E, a distance of 10.88 feet to a point, THENCE S54°25'04"W, a distance of 108.41 feet to a point, THENCE along a curve to the right with a chord bearing of S12°34'03"W, a chord length 13.34 feet, a radius of 10.00 feet, a distance of 14.61 feet to a point, THENCE S54°25'04"W, a distance of 72.54 feet to a point, THENCE along a curve to the right with a chord bearing of N88°41'20"W, a chord length of 12.01 feet, a radius of 10.00 feet, a distance of 12.88 feet to a point, THENCE S54°25'04"W, a distance of 129.81 feet to a point, THENCE N35°34'56"W, a distance of 13.03 feet to a point, THENCE S54°25'04"W, a distance of 199.74 feet to a point, THENCE S35°34'56"E, a distance of 9.43 feet to a point, THENCE S54°25'04"W, a distance of 23.46 feet to the POINT OR PLACE OF BEGINNING. Said parcel containing 3.84 acres. S 5. Should such leased interests authorized pursuant to the provisions of this act ever cease to be used for the parkland purposes described in this act, then such lease shall terminate and those inter- ests and any improvements thereon shall revert to the city of New York for public park and recreational purposes. S 6. This act shall take effect immediately.

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