NY State Senate Bill 2011-S3992

Senate Bill S3992

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Mar 12, 2012	advanced to third reading
Mar 07, 2012	2nd report cal.
Mar 06, 2012	1st report cal.308
Jan 04, 2012	referred to cities
Jun 24, 2011	committed to rules
Jun 01, 2011	amended on third reading (t) 3992a
Apr 11, 2011	advanced to third reading
Apr 06, 2011	2nd report cal.
Apr 05, 2011	1st report cal.312
Mar 11, 2011	referred to cities

Votes

- Mar 6, 2012 - Committee Vote
  S3992
  
  5
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 6, 2012
      
      aye (5)
      
      Avella
      
      DeFrancisco
      
      Grisanti
      
      Lanza
      
      Robach
      
      excused (1)
      
      Oppenheimer
  Apr 5, 2011 - Committee Vote
  S3992
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 5, 2011
      
      aye (6)
      
      Avella
      
      DeFrancisco
      
      Grisanti
      
      Lanza
      
      Oppenheimer
      
      Robach

Bill Amendments

Original

A (Active)

2011-S3992 - Details

See Assembly Version of this Bill:: A6979
Current Committee:: Senate Rules
Law Section:: New York City

2011-S3992 - Summary

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

2011-S3992 - Sponsor Memo

                                BILL NUMBER:S3992

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 99
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 approximately 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 99 years and commence within three years of this
bill becoming law.

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.

Section 4: This provision provides a description of the property to be
transferred under the terms of the 99 year lease. Such property is
approximately 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.

JUSTIFICATION:
This bill authorizes the City of New York and the New
York Botanical Garden to enter into a 99 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.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
Immediate.

2011-S3992 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3992

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 11, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

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 99 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, inclusive of any rights-of-way, described in section  four
of  this  act to the New York Botanical Garden for a term of ninety-nine
years in exchange for an annual payment of one dollar per year and other
valuable consideration and upon such other terms and conditions  as  may
be  agreed  upon  between  the  parties.  The  term  of such lease shall
commence within 3 years of the effective date of this act.
  S 2. Notwithstanding any other provision of law, general,  special  or
local,  the  lease  of  the  parkland,  inclusive  of any rights-of-way,
described in section four of this act to the New York  Botanical  Garden
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 parkland 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10130-02-1

S. 3992                             2

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,

S. 3992                             3

  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.
  S 5. This act shall take effect immediately.

2011-S3992A (ACTIVE) - Details

See Assembly Version of this Bill:: A6979
Current Committee:: Senate Rules
Law Section:: New York City

2011-S3992A (ACTIVE) - Summary

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

2011-S3992A (ACTIVE) - Sponsor 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.

2011-S3992A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3992--A
    Cal. No. 312

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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 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,

S. 3992--A                          3

  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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