Subchapter 3 - TRANSFER OF BARGE CANAL TERMINALS TO CITY

Section 22-141

Section 22-141

  §  22-141  Definitions.  Unless expressly otherwise provided, whenever
used in this subchapter, the following terms shall mean and include:
  "Pier properties". The properties described in section 22-142 of  this
subchapter and improvements thereon.
  "Rehabilitation".  Repair,  reconstruction, renovation, improvement or
betterment of pier properties in order to place such  property  in  good
condition for pier and terminal purposes and the acquisition of real and
personal property for use in connection therewith.
  "Pier  and terminal purposes". Operation and maintenance of facilities
for docking, loading and unloading of vessels and the handling, storage,
processing and interchange of cargoes.
  "Vessels". Commercial ships and barges of every description.

Section 22-142

Section 22-142

  §  22-142  Legislative finding. It is hereby found and determined that
the pier properties, heretofore constituting barge canal  terminals  and
barge  canal lands, in this section hereinafter generally described, are
no longer necessary or useful for canal or terminal purposes  or  as  an
aid to navigation thereon:
  The  Greenpoint  terminal,  being  all  that tract, piece or parcel of
land, situate, lying  and  being  in  the  borough  (formerly  city)  of
Brooklyn,  county  of  Kings,  city  and  state of New York, bounded and
described as follows (all bearings being referred to the true meridian):
  Beginning at a point formed by the intersection of the center line  of
Commercial  street  as established at the time of the acquisition of the
property herein described by the state of New York between Franklin  and
West  streets  and the center line of West street, as established at the
time of the acquisition of the property herein described by the state of
New York between Dupont and Eagle streets; thence  from  said  point  of
beginning,  southerly and south-easterly along the aforesaid center line
of West street, one hundred eighteen and fifty-six hundredths feet to  a
point  formed by the intersection of said center line of West street and
a line parallel to the southerly side of Dupont street as laid out  west
of  West street and distant ninety-five feet southerly therefrom; thence
along said line eight hundred  fifty-five  and  seventy-five  hundredths
feet  to  a point in the pierhead line as established at the time of the
acquisition of the property herein described by the state of New York by
law; thence northerly, northeasterly and easterly  along  said  pierhead
line,  one  thousand  sixty-nine  and thirty-two hundredths feet more or
less to a point where the center line of Blue street as  established  at
the  time  of  the  acquisition  of the property herein described by the
state of New York, if extended, would intersect the  aforesaid  pierhead
line;  thence southerly and southeasterly along said center line of Blue
street two hundred thirty-seven and twelve hundredths feet to a point in
the westerly line of lands conveyed by the state of New York to the city
of New York by letters-patent dated February thirteen, nineteen  hundred
forty-two;  thence  south  thirty-seven degrees, four minutes, seventeen
seconds west, along said westerly line of lands conveyed  as  aforesaid,
one   hundred   fifty-three   and  thirty-two  hundredths  feet;  thence
continuing along said line of lands conveyed as aforesaid, the following
several courses to said center  line  of  Commercial  street  aforesaid,
south seven degrees, eight minutes, forty-three seconds east, thirty-two
and  thirty-seven  hundredths  feet;  thence  north  eighty-two degrees,
fifty-one minutes, seventeen  seconds  east,  forty-three  feet;  thence
south  seven  degrees,  eight minutes, forty-three seconds east, seventy
feet; thence south  eighty-two  degrees,  fifty-one  minutes,  seventeen
seconds  west,  forty-three  feet;  thence  south  seven  degrees, eight
minutes, forty-three seconds  east,  seventy-seven  feet;  thence  south
fifty degrees, thirteen minutes, forty-eight seconds east, seventy-three
and  four  hundredths  feet;  thence north eighty-two degrees, fifty-one
minutes,  seventeen  seconds   east,   seventy-three   and   fifty-three
hundredths  feet  to a point in said center line of Commercial street as
aforesaid;  thence  south  fifty-four  degrees,   twenty-five   minutes,
forty-seven  seconds  west, along said center line of Commercial street,
seventy-five  and  seventy-eight  hundredths  feet  to  the   point   of
beginning.
  Being  the same premises appropriated by the state for the barge canal
terminal at Greenpoint, in the borough of  Brooklyn,  county  of  Kings,
city  of  New  York, pursuant to the provisions of chapter seven hundred
forty-six of the laws of nineteen hundred eleven, as  shown  on  map  of
parcel  number  T-8,  terminal contract number nineteen, approved by the
canal board on June eight, nineteen hundred twelve and on  file  in  the

department of transportation of the state of New York, excepting so much
thereof as was conveyed by the state of New York to the city of New York
by letters-patent dated February thirteen, nineteen hundred forty-two.
  The  Hallet's  cove  terminal  being all that tract or parcel of land,
situate, lying and being near the foot of Camelia street, Hallet's cove,
East River, borough and county of Queens, city and state  of  New  York,
bounded  and  described  as  follows (all bearings being referred to the
true meridian):
  Beginning at the point  of  intersection  of  the  northerly  side  of
Broadway  and  the  pierhead and bulkhead line established by the harbor
commission in eighteen hundred fifty-seven; thence  running  along  said
pierhead  and bulkhead line north seventy degrees, nine minutes east two
hundred seventy-six and twenty-five hundredths feet; thence still  along
said  line  north  sixty-six  degrees, fourteen minutes east one hundred
seventy-two and eighty hundredths feet  to  a  point  in  the  southerly
boundary  line  of lands owned or claimed by John W. Scott; thence along
said southerly boundary  line  south  fifty  degrees  east  one  hundred
ninety-five  feet  to  a  point  in  the westerly side of the boulevard;
thence south twelve degrees, twenty-eight  minutes  west  three  hundred
forty-seven  and  sixty  hundredths feet to a point in the northwesterly
boundary line of lands owned or claimed by Peter McKernan; thence  along
said northwesterly boundary line south seventy-four degrees twenty-three
minutes west sixty-four and forty-two hundredths feet to the lands owned
or  claimed  by  T. W. Stevens; thence still south seventy-four degrees,
twenty-three minutes west seventy-one and eleven hundredths  feet  along
the  northwesterly  line  of  the last mentioned lands to a point in the
northerly side of Broadway; thence along  the  said  northerly  side  of
Broadway  north forty-six degrees, fifty-eight minutes west four hundred
ninety-four and ninety hundredths feet more or  less  to  the  point  of
beginning,
  Being  the same premises appropriated by the state for the barge canal
terminal at Hallet's cove, East river,  borough  of  Queens,  county  of
Queens,  city  of  New York, pursuant to the provisions of chapter seven
hundred forty-six of the laws of New York, nineteen hundred  eleven,  as
amended,  as  shown  on  parcel  number  T-99,  terminal contract number
forty-five, approved by the canal board on December twenty-one, nineteen
hundred fourteen, and on file in the department of transportation of the
state of New York.
  The east 138th street  terminal,  being  all  those  three  tracts  or
parcels of land situate, lying and being in the 23rd Ward of the borough
and county of the Bronx, city and state of New York, and being a part of
section  nine,  block 2339, hereinafter bounded and described as follows
(all bearings being referred to the easterly side of tenth avenue as the
meridian, the bearing of which referred to true  north  is  twenty-eight
degrees,  fifty-nine  minutes,  twenty-seven and thirty-three hundredths
seconds east):
  (1) Beginning at the point of intersection of  the  westerly  line  of
Exterior  street  as  at  present laid out and the northerly line of the
lands of the New York and Harlem railroad company  distant  six  hundred
eighty-three  and  six  hundredths  feet  from  the  southwest corner of
Exterior street and east 138th street as at  present  laid  out,  thence
running  along  the  said northerly boundary line the following bearings
and  courses  south  forty-seven  degrees,  eight  minutes,  thirty-nine
seconds  west  thirteen  and  thirteen  hundredths  feet;  thence  south
forty-eight  degrees,  fifty-four  minutes,  thirty-two   seconds   west
fifty-two  and  three  hundredths  feet;  thence  south  fifty  degrees,
forty-three minutes, fifty-two  seconds  west  fifty-three  and  sixteen
hundredths  feet;  thence  south  fifty-two degrees, fifty-four minutes,

thirty-two seconds west eight and sixty-one hundredths feet to  a  point
in  the  pierhead  and bulkhead line of the Harlem river approved by the
secretary of war in eighteen hundred ninety; thence along  the  pierhead
and   bulkhead   line  north  twenty-two  degrees,  twenty-six  minutes,
thirty-five seconds east, seventy-six and fifty  hundredths  feet  to  a
point;  thence  along  said line north twenty-three degrees, twenty-four
minutes, three  seconds  west  two  hundred  thirty-four  and  sixty-two
hundredths feet to a point in the southerly boundary line of lands owned
or  claimed  by  the Harlem river lumber and woodworking company; thence
north sixty-three degrees, fifty-five minutes, eleven seconds east,  one
hundred  seventy-four  and  fifteen hundredths feet along said southerly
boundary line to a point in the westerly side of Exterior street  as  at
present laid out; thence south twelve degrees, thirty-seven minutes, ten
seconds  east,  two hundred eighty-seven and fifty-eight hundredths feet
along the said  westerly  side  of  Exterior  street  to  the  point  of
beginning,
  Being  the same premises appropriated by the state for the barge canal
terminal at East 138th street, Harlem river, in the borough  and  county
of  Bronx, city of New York, pursuant to the provisions of chapter seven
hundred forty-six of the laws of New York nineteen  hundred  eleven,  as
amended,  as  shown  on  map  of  parcel number T-100, terminal contract
number forty-four, approved by the canal  board  on  December  eighteen,
nineteen   hundred   fourteen,   and   on  file  in  the  department  of
transportation of the state of New York.
  (2) Beginning at a point in the westerly side of Exterior street as at
present laid out and distant three  hundred  twenty-one  and  ninety-one
hundredths  feet  from  the southwest corner of Exterior street and east
138th street as at present laid out; thence along the said westerly side
of Exterior street  south  twelve  degrees,  thirty-seven  minutes,  ten
seconds  east,  seventy-three and fifty-seven hundredths feet to a point
in the northerly boundary line of lands owned or claimed by  Bradley  L.
Eaton  and Vashti G. his wife; thence along said northerly boundary line
south sixty-three degrees, fifty-five minutes, eleven seconds  west  one
hundred  seventy-four  and  fifteen  hundredths  feet  to a point in the
pierhead and bulkhead line approved by the secretary of war in  eighteen
hundred  ninety;  thence along the said pierhead and bulkhead line north
twenty-three degrees, twenty-four minutes, three seconds west, sixty-one
and forty-eight hundredths feet more or less; thence  north  twenty-four
degrees,   fifty-five  minutes,  fifty  seconds  west,  forty-three  and
fifty-two hundredths feet more or less along said  pierhead  line  to  a
point  in  the southerly boundary line of lands owned or claimed by John
J. Bell; thence north seventy-four degrees,  twelve  minutes,  seventeen
seconds  east,  one  hundred ninety and sixty-two hundredths feet to the
point of beginning,
  Being the same premises appropriated by the state for the barge  canal
terminal at east 138th street, Harlem river, borough of Bronx, county of
Bronx,  city  of  New  York, pursuant to the provisions of chapter seven
hundred forty-six of the laws of New York, nineteen hundred  eleven,  as
amended,  as  shown  on  parcel  number  T-101, terminal contract number
forty-four, approved by the canal board on December  eighteen,  nineteen
hundred fourteen, and on file in the department of transportation of the
state of New York.
  (3) Beginning at a point in the westerly side of Exterior street as at
present  laid  out  and  distant  one hundred thirty-four and sixty-nine
hundredths feet southerly from the intersection  of  the  said  westerly
side  of Exterior street with the southerly side of east 138th street as
at present laid out; thence running south twelve  degrees,  thirty-seven
minutes,  ten  seconds  east,  one  hundred  eighty-seven and twenty-two

hundredths feet more or less along said westerly line of Exterior street
to a point in the northerly line of lands owned or claimed by the Harlem
river lumber and woodworking company, thence along  said  boundary  line
south  seventy-four degrees, twelve minutes, seventeen seconds west, one
hundred ninety and sixty-two hundredths feet to a point in the  pierhead
and  bulkhead  line of the Harlem river approved by the secretary of war
in eighteen hundred ninety; thence running  north  twenty-four  degrees,
fifty-five  minutes,  fifty  seconds  west,  two  hundred  fifty-one and
fifty-six hundredths feet more or less to a point in said  line;  thence
north   twenty-six  degrees,  no  minutes,  twenty-eight  seconds  west,
thirteen and three hundredths feet more or less to the  intersection  of
the  southerly  boundary line of land owned or claimed by long dock mill
and elevator with said pierhead and bulkhead line; thence running  along
said  southerly  boundary  line south eighty-nine degrees, nine minutes,
ten seconds east, one hundred thirty-five and fifty hundredths feet more
or less; thence  south  eighty-nine  degrees,  fifty-five  minutes,  ten
seconds  east, twenty-two and fifty hundredths feet more or less; thence
south eighty-eight degrees, five minutes, ten seconds  east,  ninety-six
and thirty-four hundredths feet more or less to the point of beginning,
  Being  the same premises appropriated by the state for the barge canal
terminal at east 138th street, Harlem river, borough of Bronx, county of
Bronx, city of New York, pursuant to the  provisions  of  chapter  seven
hundred  forty-six  of the laws of New York, nineteen hundred eleven, as
amended, as shown on  parcel  number  T-102,  terminal  contract  number
forty-four,  approved  by the canal board on December eighteen, nineteen
hundred fourteen, and on file in the department of transportation of the
state of New York.
  The Coenties Slip terminal, being all that tract or  parcel  of  land,
situate,  lying and being in the borough of Manhattan, city of New York,
state of New York, bounded and described as follows (all bearings  being
referred to the meridian of bureau of design and surveys, New York):
  Beginning  at a point distant one hundred twenty-seven and seventy-six
hundredths feet and south seventy-three degrees, no minutes,  fifty-five
seconds  east  from  the point of intersection of the northerly building
line of South street with  the  westerly  building  line  of  (westerly)
Coenties  Slip,  which  building  lines were determined by the bureau of
design and surveys, Manhattan and shown  on  their  map  dated  November
fifteen,   nineteen   hundred  fifteen;  thence  north  thirty  degrees,
forty-seven  minutes,  nineteen  seconds  east,  two  hundred  ten   and
sixty-three  hundredths  feet  to a point in a line approximately in the
center of the slip between piers six and seven, said  line  intersecting
the  bulkhead  line  at a point fifty-two and twenty-six hundredths feet
easterly from the easterly  side  of  pier  six,  and  intersecting  the
pierhead  line  at  a  point  ninety-one  and ninety-one hundredths feet
easterly from the easterly side of pier  six;  thence  along  said  line
south sixty-two degrees, twenty-nine minutes, thirty-eight seconds east,
to a point in the exterior boundary line of lands under water granted to
the  city  of  New York by the state of New York September twenty-eight,
eighteen hundred seventy-one; thence southwesterly along  said  exterior
boundary  line  to  a point in a line approximately in the center of the
slip between piers four and five, said line  intersecting  the  pierhead
line  at  a  point  one  hundred eleven and thirty-eight hundredths feet
westerly from the westerly  side  of  pier  five  and  intersecting  the
bulkhead  at a point eighty-four and eighty-one hundredths feet westerly
from the westerly side of  pier  five;  thence  along  said  line  north
forty-seven  degrees,  fifty-eight  minutes,  nineteen seconds west to a
point in a line parallel to and  distant  ten  feet  from  the  existing
bulkhead  line between Broad street and (westerly) Coenties Slip, thence

along said parallel line north forty-two degrees,  forty-eight  minutes,
twenty-six  seconds  east,  one  hundred  eighty-eight  and  fifty-seven
hundredths feet to the point of beginning,
  Being  the same premises appropriated by the state of New York for the
barge canal terminal in the East river at the foot of Coenties Slip,  in
the  borough  of Manhattan, city and county of New York, pursuant to the
provisions of chapter seven hundred forty-six of the laws of  New  York,
nineteen  hundred  eleven,  as amended, as shown on parcel number T-129,
terminal contract number fifty-two, approved by the canal board on April
twenty-four, nineteen hundred sixteen, and on file in the department  of
transportation of the state of New York.
  The  Pier  ninety-three  at  west  fifty-third  street, being all that
tract, piece or parcel of land situate, lying and being in  the  borough
of Manhattan, city of New York, state of New York, bounded and described
as follows:
  Beginning  at  a  point  239.5 feet westerly from the easterly side of
Twelfth  Avenue,  said  point  being  107.92  feet  northerly  from  the
northerly  side of West 53rd Street produced; thence southerly from said
point of beginning parallel to  the  easterly  side  of  Twelfth  Avenue
275.83  feet; thence westerly and parallel to the southerly side of West
53rd Street produced 760.5 feet,  more  or  less,  to  a  point  in  the
exterior line of land under water granted to the city of New York by the
state  of  New  York  in  eighteen hundred seventy-one; thence northerly
along said exterior line 275.83 feet, more or less, to a point in a line
parallel to and distant 107.92 feet from the northerly side of West 53rd
Street produced; thence easterly along said parallel  line  760.5  feet,
more or less, to the point of beginning, containing 209,771 square feet,
more  or less, as shown upon a certain map made by the state engineer of
the state of New York, marked "T-130".
  Being the same premises that were conveyed to the people of the  state
of  New  York  by  the  city of New York by deed dated February sixteen,
nineteen hundred seventeen, and recorded, together  with  the  said  map
marked "T-130", in the New York County Register's office on April seven,
nineteen hundred seventeen, in liber three thousand two of deeds at page
two hundred fifty-four.

Section 22-143

Section 22-143

  §  22-143  Transfer. Upon the adoption of a resolution by the board of
estimate, pursuant to section one hundred ninety-seven-c of the charter,
signifying acceptance  of  such  pier  properties  and  subject  to  the
following  conditions, and upon the delivery of a certified copy of such
resolution to the secretary of state of  the  state  of  New  York,  all
right,  title  and interest of the state of New York in and to such pier
properties and appurtenances thereto and in to the  equipment,  chattels
and  other  tangible property thereat and used in the operation thereof,
and in and to the rents and revenues thereof which shall accrue from and
after vesting of title as herein provided, shall  thereby  vest  in  the
city:
  (a) That the city shall rehabilitate such pier properties.
  (b)  That  the  city  shall  not  use  or  permit the use of such pier
properties for any  purpose  which  will  materially  and  substantially
interfere with their use for pier and terminal purposes.
  (c)  That  the  city  shall  not  grant  or  convey title to such pier
properties to any person or legal entity other than the state.

Section 22-144

Section 22-144

  §  22-144  Executory  contracts.  Upon  the vesting in the city of the
right, title and interest of the state in and to  such  pier  properties
and  as  an  incident thereto, there shall also vest in the city all the
right, title and interest of the state in and to and in connection  with
any  and  all executory contracts and agreements in connection with such
pier properties except as to moneys and rights accrued thereunder at the
time of vesting of title as herein provided.

Section 22-145

Section 22-145

  § 22-145 Violation of conditions. If the city shall violate any of the
conditions  set  forth in section 22-143 of this subchapter, then at the
option of the state the particular pier property or pier properties with
respect to which or out of the operation of which such violation  arises
shall  revert  to  the  state;  provided,  that the state shall within a
reasonable time after the discovery  of  such  violation  serve  written
notice  upon  the  city  requesting that such violation be remedied, and
provided further, that the city shall  fail  to  remedy  such  violation
within a reasonable time thereafter; provided further, however, that the
commissioner  of  general  services  is  hereby  authorized to grant and
convey to the city of New York the remaining right, title  and  interest
of  the  state  of  New  York  in a particular pier property or all such
properties,  free  of  the  conditions  and  restrictions  contained  in
sections  22-143,  22-144,  22-146,  22-147,  22-148  and 22-149 of this
subchapter,  upon   such   other   terms   and   conditions,   including
consideration,  as he or she may fix and determine and such property may
be used for any and all purposes permitted by law.

Section 22-146

Section 22-146

  § 22-146 State lands in case of reverter. The pier properties, if any,
which revert to the state pursuant to this subchapter shall be and shall
be deemed to be unappropriated state lands.

Section 22-147

Section 22-147

  § 22-147 Rehabilitation of pier properties. The city of New York shall
proceed  with  the rehabilitation of such pier properties as and when in
its opinion it is practicable so to  do.  No  failure  on  its  part  to
rehabilitate  any  pier  property  or  properties  and  no  delay in the
rehabilitation thereof, because of the non-availability of materials  or
any  other reason for which the city is not responsible or over which it
has no control, shall constitute a violation of condition (a) of section
22-143 of this subchapter.

Section 22-148

Section 22-148

  §  22-148  Intent.  It  is  the  intent  of  this  subchapter that the
rehabilitation, maintenance and operation of such pier properties  shall
be  in  all  respects  for the benefit of the people of the state of New
York and to provide needed transportation  and  terminal  facilities  so
that their commerce and prosperity may be increased and their health and
living  conditions improved. The city is hereby declared to be and shall
be  regarded  as  performing  an  essential  governmental  function   in
rehabilitating, maintaining and operating such pier properties.

Section 22-149

Section 22-149

  §  22-149  Tax  exemption. No taxes shall be payable or required to be
paid upon any of such pier properties or upon any  interest  therein  or
upon  any  other  property,  real  or  personal,  acquired  or  used  in
connection therewith.