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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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10130-07-1
S. 3992--A                          2

  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 S31Á50'15"E 261.32' to a point of
curvature.  Continuing along a curve to the left with a chord bearing of
S35Á46'22"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 S54Á25'04"W, a distance of 4.88 feet to a point, thence along a
curve to the left with a chord bearing of S61Á16'32"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  N70Á26'46"E,
a  chord  length  of  30.62  feet, a radius of 78.64 feet, a distance of
30.81 feet to a point,
  THENCE S55Á57'26"E, a distance of 10.83 feet to a point,
  THENCE S14Á16'27"W, a distance of 6.00 feet to a point,
  THENCE N88Á47'07"E, a distance of 13.91 feet to a point,
  THENCE along a curve to the left with a chord bearing of  N84Á09'09"E,
a  chord  length  of  23.52  feet, a radius of 93.94 feet, a distance of
23.58 feet to a point,
  THENCE N72Á22'46"E, a distance of 41.11 feet to a point,
  THENCE along a curve to the right with a chord bearing of N81Á45'20"E,
a chord length of 81.53 feet, a radius of 333.88  feet,  a  distance  of
81.73 feet to a point,
  THENCE N89Á03'09"E, a distance of 19.73 feet to a point,
  THENCE N78Á56'06"E, a distance of 13.85 feet to a point,
  THENCE N75Á30'35"E, a distance of 65.05 feet to a point,
  THENCE N66Á44'41"E, a distance of 8.58 feet to a point,
  THENCE N60Á51'40"E, a distance of 79.24 feet to a point,
  THENCE N37Á56'25"E, a distance of 4.42 feet to a point,
  THENCE N25Á05'46"E, a distance of 19.56 feet to a point,
  THENCE N23Á48'48"E, a distance of 34.49 feet to a point,
  THENCE N51Á32'33"E, a distance of 71.57 feet to a point,
  THENCE N45Á51'39"E, a distance of 23.99 feet to a point,
  THENCE N00Á04'41"W, a distance of 29.41 feet to a point,
  THENCE  along a curve to the left with a chord bearing of N70Á39'33"E,
a chord length of 21.73 feet, a radius of  50.25  feet,  a  distance  of
21.90 feet to a point,
  THENCE N49Á34'15"E, a distance of 46.20 feet to a point,
  THENCE N45Á33'29"E, a distance of 26.36 feet to a point,
  THENCE along a curve to the right with a chord bearing of N49Á42'07"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 N53Á10'31"E,
a chord length of 97.57 feet, a radius of 3993.59 feet,  a  distance  of
97.57 feet to a point,
  THENCE N55Á02'24"E, a distance of 46.14 feet to a point,
  THENCE along a curve to the right with a chord bearing of N28Á19'45"E,
a  chord  length  of  30.22  feet, a radius of 41.30 feet, a distance of
30.94 feet to a point,
  THENCE N09Á40'43"E, a distance of 34.34 feet to a point,
  THENCE N80Á19'17"W, a distance of 6.45 feet to a point,
S. 3992--A                          3

  THENCE along a curve to the left with a chord bearing of  N12Á37'29"W,
a  chord  length  of 136.77 feet, a radius of 234.86 feet, a distance of
138.78 feet to a point,
  THENCE S54Á25'04"W, a distance of 432.47 feet to a point,
  THENCE S35Á34'56"E, a distance of 10.88 feet to a point,
  THENCE S54Á25'04"W, a distance of 108.41 feet to a point,
  THENCE along a curve to the right with a chord bearing of S12Á34'03"W,
a  chord  length 13.34 feet, a radius of 10.00 feet, a distance of 14.61
feet to a point,
  THENCE S54Á25'04"W, a distance of 72.54 feet to a point,
  THENCE along a curve to the right with a chord bearing of N88Á41'20"W,
a chord length of 12.01 feet, a radius of  10.00  feet,  a  distance  of
12.88 feet to a point,
  THENCE S54Á25'04"W, a distance of 129.81 feet to a point,
  THENCE N35Á34'56"W, a distance of 13.03 feet to a point,
  THENCE S54Á25'04"W, a distance of 199.74 feet to a point,
  THENCE S35Á34'56"E, a distance of 9.43 feet to a point,
  THENCE  S54Á25'04"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.