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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.