S T A T E O F N E W Y O R K
________________________________________________________________________
6979--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 7, 2011
___________
Introduced by M. of A. J. RIVERA, P. RIVERA, JAFFEE, STEVENSON, SPANO,
GABRYSZAK, CORWIN, MONTESANO, LINARES -- Multi-Sponsored by -- M. of
A. BING, CALHOUN, COOK, HEASTIE, KATZ, MARKEY, SALADINO -- read once
and referred to the Committee on Cities -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10130-08-1
A. 6979--A 2
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,
A. 6979--A 3
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.