Senate Bill No. 369
               Senate Bill No. 369

               SPECIAL ACT NO. 98-1


AN  ACT  AMENDING  THE  CONVEYANCE  OF PROPERTY IN
STRATFORD FOR THE SHAKESPEARE THEATER.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section 5 of public act 95-127 is
repealed and the following is substituted in  lieu
thereof:
    (a)  As used in this section, "person" means a
natural    person,    partnership,    corporation,
association  or  society  [,]  AND  "commissioner"
means   the    commissioner    of    environmental
protection.  [and  "control" means the right to go
upon or exercise dominion over any parcel of  land
described in subsection (b) of this section.]
    (b)   Notwithstanding  any  provision  of  the
general statutes to the contrary, the commissioner
of  environmental  protection  shall  convey  to a
person meeting the requirements as  set  forth  in
subsection  (c)  of this section, by any means and
for such consideration as  he  deems  appropriate,
subject  to  the  approval of the State Properties
Review  Board,  four  parcels  of  land,  and  any
improvements  thereto,  located  in  the  town  of
Stratford   and   collectively   known   as    the
Shakespeare   Theater.   The   commissioner  shall
designate a person to whom said parcels  shall  be
conveyed  on the basis of the financial ability of
the persons applying for such designation to  meet
the  requirements  set  forth in subsection (c) of
this section. THE COMMISSIONER MAY  AUTHORIZE  THE
PERSON  DESIGNATED, PRIOR TO CLOSING, TO HAVE SUCH
ACCESS  AND  CONTROL  OF  THE  PROPERTY   AS   THE
COMMISSIONER    DEEMS    APPROPRIATE,    INCLUDING
UNDERTAKING RENOVATION AND  THEATER  PERFORMANCES.
ANY  SUCH AUTHORIZATION SHALL REQUIRE THAT, BEFORE
ACCESSING  OR  ASSUMING  CONTROL  OF   THE   LAND,
IMPROVEMENTS  OR  PROPERTY, SAID DESIGNATED PERSON
SHALL (1) DELIVER TO THE COMMISSIONER A POLICY  OR
POLICIES    OF   INSURANCE   DETERMINED   BY   THE
COMMISSIONER TO PROTECT THE STATE  OF  CONNECTICUT
AGAINST  ANY  SUIT,  CLAIM,  INJURY, DAMAGE, LOSS,
COMPENSATION,  JUDGMENT,   LITIGATION   OR   OTHER
EXPENSE,  INCLUDING ATTORNEYS' FEES, OR OTHER FEES
INCURRED AS A RESULT OF, OR ARISING  OUT  OF,  ANY
ACTIVITY   OF  SAID  DESIGNATED  PERSON  WHICH  IS
ASSOCIATED   WITH   OR   REGARDING    THE    LAND,
IMPROVEMENTS  OR  PROPERTY  AND (2) HOLD HARMLESS,
DEFEND AND INDEMNIFY THE STATE OF CONNECTICUT FROM
ANY   AND  ALL  LIABILITIES,  INCLUDING,  BUT  NOT
LIMITED TO, ANY SUIT, CLAIM, INJURY, DAMAGE, LOSS,
COMPENSATION,   JUDGMENT,   LITIGATION   OR  OTHER
EXPENSE, INCLUDING ATTORNEYS' FEES OR OTHER  FEES,
WHICH THE STATE OF CONNECTICUT MAY SUFFER OR INCUR
AS A RESULT OF, OR ARISING OUT OF, OR  ALLEGED  TO
HAVE  RESULTED FROM OR ARISEN OUT OF, ANY ACTIVITY
OF SAID DESIGNATED PERSON WHICH IS ASSOCIATED WITH
OR REGARDING SAID DESIGNATED PERSON'S ACCESS TO OR
CONTROL OF THE  LAND,  IMPROVEMENTS  OR  PROPERTY.
SAID  CONVEYANCE MAY INCLUDE ANY PERSONAL PROPERTY
ASSOCIATED WITH THE THEATER. Said parcels are more
particularly bounded and described as follows:

FIRST  PARCEL:  Being  the  subject  parcel  of  a
warranty  deed from  Citytrust  to  the  State  of
Connecticut,  dated July  14,  1983,  recorded  at
Volume 583, Page 244 of the Stratford Land Records
and described in said deed as follows:

Beginning at a pipe in a concrete bound; said pipe
is in the  southerly line of Stratford Avenue, and
is  the  northwest   corner  of  property  now  or
formerly Moss.
Thence S 10  degrees-36'-02"  W  132.38 feet to an
iron pipe.
Thence S 83  degrees-49'-43"  E  66.41  feet to an
iron pin at land now or formerly Riggott.
The  last  two  courses  are  along  land  now  or
formerly Moss.

Thence S 02  degrees-37'-08"  W  71.60  feet to an
iron pin.
Thence S 82  degrees-02'-43"  E  60.00  feet to an
iron pin.
Thence continuing S  82  degrees-02'-43" E 32 feet
more or less  to  a  point  at the edge of Selby's
Pond.
The last three courses are along land of Riggott.

Thence    running    southerly,    westerly    and
northwesterly along the  edge  of Selby's Pond, by
485 feet more  or  less  to a point at land now or
formerly Davenport.
Thence running S  56 degrees-08'-53" E 3 feet more
or less to an iron pin.

Thence continuing S  56  degrees-08'-53"  E 140.00
feet to an iron pin.
Thence S 50  degrees-01'-54"  E  13.29  feet  to a
point.
Thence S 45  degrees-01'-09"  E  50.68  feet  to a
point.
Thence S 40  degrees-22'-43"  E  47.74  feet  to a
point.
Thence S 37  degrees-43'-02"  E  22.11  feet  to a
point.
Thence S 37  degrees-15'-45"  E  71.56  feet to an
iron pin set in the westerly line of Shore Road.
The last seven  courses  are  along  land  now  or
formerly Davenport.

Thence S 58  degrees-42'-39"  W  75.49  feet to an
iron pin.
Thence S 54  degrees-13'-11"  W  103.50 feet to an
iron pipe.
Thence S 44  degrees-09'-43"  W  570.03  feet to a
point.
Thence S 39  degrees-13'-43"  W  166.40 feet to an
iron pin.
Thence running southwesterly  by a curve, having a
radius of 65.00  feet, a distance of 69.66 feet to
an iron pin.
Thence N 77  degrees-59'-18"  W  141.53  feet to a
point at land now or formerly Knapp. Said point is
the intersection of  the northerly face of a stone
headwall  and  the   easterly   face  of  a  stone
retaining wall which  is  located  on the westerly
side of a drainage ditch.
The last seven courses are along Shore Road.

Thence N 11  degrees-50'-00"  E  31.05  feet  to a
point on the  easterly  face  of a stone retaining
wall.
Thence N 20  degrees-45'-34"  E  104.37 feet to an
iron pin.
Thence N 79  degrees-01'-22"  W  97.00  feet  to a
point.
The last three  courses  are  along  land  now  or
formerly Knapp.
Thence N 12  degrees-56'-17"  E  160.88 feet to an
iron pin at land now or formerly Rosati, Trustee.
The last mentioned  course  is  along  land now or
formerly Fahy.

Thence S 76  degrees-07'-43" E 237.67 feet to a PK
nail.
Thence N 14  degrees-43'-17"  E  325.00 feet to an
iron pin.
Thence N 76  degrees-07'-43"  W  256.29  feet to a
point at land now or formerly Nizzardo.
The last three  courses  are  along  land  now  or
formerly Rosati, Trustee.

Thence N 14  degrees-30'-23"  E  253.34  feet to a
point.
The last course  is  along  land  now  or formerly
Nizzardo and land now or formerly Deakins.

Thence N 73  degrees-30'-20"  W  243.84  feet to a
point in the easterly line of Elm Street.
The last course  is  along  land  now  or formerly
Deakins.

Thence N 13  degrees-53'-15" E along said easterly
line of Elm Street, a distance of 335.91 feet to a
point at land now or formerly Ballaro.
Thence S 77  degrees-56'-52"  E  along land now or
formerly Ballaro, a  distance  of  96.50 feet to a
point at land now or formerly Nelson.
Thence S 0  degrees-43'-49"  E  25.20  feet  to  a
point.
Thence S 79  degrees-20'-24"  E  64.10  feet to an
iron pin.
Thence N 07  degrees-42'-15"  E  119.95 feet to an
iron pin set  in  the  southerly line of Stratford
Avenue.
The last three  courses  are  along  land  now  or
formerly Nelson.

Thence S 86 degrees-35'-34" E along said southerly
line of Stratford  Avenue,  a  distance  of 104.94
feet to the point of beginning.

SECOND PARCEL:
Being  the first  of  two  subject  parcels  in  a
warranty deed from  Thomas  J. Rosati, Trustee, to
the State of  Connecticut, dated June 9, 1988, and
recorded in Volume  697, Page 979 of the Stratford
Land  records,  and  described  in  said  deed  as
follows:

Beginning at a point in the southerly line of land
now or formerly  of Deakins and Beach, which point
marks  the  northeasterly  corner  of  the  parcel
herein described, said  point  being  S 80 degrees
51' 00" E  217.00 feet from an iron pin set in the
easterly street line of Elm Street;

Thence running S  80 degrees 51' 00" E 283.00 feet
along land now  or  formerly  of Deakins and Beach
and land formerly of American Shakespeare Festival
Theatre Association, now  of  the  grantee herein,
each in part, to a point;

Thence running S  10 degrees 00' 00" W 325.00 feet
along land formerly  of  said American Shakespeare
Festival Theatre Association,  now  of the grantee
herein, to a point;

Thence running N  80 degrees 51' 00" W 288.00 feet
along land formerly  of  said American Shakespeare
Festival Theatre Association,  now  of the grantee
herein, and land  now  or formerly of Miller, each
in part, to a point;

Thence running N  10 degrees 00' 00" E 155.00 feet
along  Lot 5  as  shown  on  the  map  hereinafter
referred to a point;

Thence running N  05  degrees 30' 37" W 20.05 feet
along said Lot  5 to a point in the street line of
Rosemary Drive;

Thence running N  17  degrees 28' 22" W 50.51 feet
along the Second Parcel hereinafter described to a
point;

Thence running N  10 degrees 00' 00" E 100.01 feet
along  Lot 2  as  shown  on  the  map  hereinafter
referred to the point of beginning.

Said parcel contains  92,000  square feet, more or
less, and is  shown as "Other land of C. Casserta"
on a map  entitled,  "Subdivision  of Bard's Manor
Elm Street Stratford  Conn"  dated  August 8, 1977
prepared  by Codespoti  &  Associates,  Joseph  R.
Codespoti, R.L.S. 8244.

THIRD PARCEL:
Being the second  of  two  subject  parcels  in  a
warranty deed from  Thomas  J.  Rosati, Trustee to
the State of  Connecticut, dated June 9, 1988, and
recorded in Volume  697, Page 979 of the Stratford
Land  records,  and  described  in  said  deed  as
follows:

A small triangular-shaped  parcel  located  to the
east of the  curve  of  the turnaround of Rosemary
Drive  on the  map  hereinbefore  mentioned,  said
parcel being bounded  and  described  as  follows:
Beginning  at a  monument  set  in  the  northerly
street line of Rosemary Drive;

Thence running easterly  along  a counterclockwise
curve having a  radius of 1,032.62 feet a distance
of 54.67 feet  along  Lot  2  as  shown on the map
hereinbefore mentioned to  a  point  at  the First
Parcel hereinbefore described;

Thence running S  17 degrees-28'-22 W 50.51 feet 6
along said First  Parcel hereinbefore described to
a point in the turnaround of Rosemary Drive;

Thence running along  the  street line of Rosemary
Drive following a  counterclockwise curve having a
radius of 50.00 feet to the point of beginning.

Together with the  right  to  pass  and repass for
highway purposes over  the area designated on said
map as Rosemary Drive.

FOURTH PARCEL:
Being the subject parcel in a quit claim deed from
Citytrust to the  State of Connecticut, dated July
12, 1983, and  recorded in Volume 715, Page 949 of
the Stratford Land  Records  and described in said
deed as follows:

All that certain  piece or parcel of land with the
buildings and other improvements thereon, situated
in the Town  of Stratford, County of Fairfield and
State of Connecticut,  bounded  and  described  as
follows:

NORTHERLY: by land  now  or  formerly  of Byron S.
Romer;   EASTERLY:  by   the   Housatonic   River;
SOUTHERLY: by land  now  or  formerly  of  William
Forrest Davenport and  Caroline Kirsten Davenport,
along the northerly  wall  of  a  brick boathouse;
WESTERLY: by a  highway sometimes described as the
upper highway or  bank  highway  or Shore Road, 56
feet.

The southerly line of the above described premises
is substantially parallel  with the northerly line
and 56 feet distant therefrom.

THE PROPERTY DESCRIBED  ABOVE  SHALL  INCLUDE  THE
PROPERTY DESCRIBED IN  A  TOPOGRAPHICAL SURVEY FOR
THE STATE OF  CONNECTICUT OF THE AMERICAN FESTIVAL
THEATRE AT STRATFORD  BY  THE  HUNTINGTON COMPANY,
DATED JANUARY 31, 1989.
    (c)  The  person  to  whom  said  parcels  are
conveyed  shall  agree  to  renovate  the  current
theater  located  thereon  and  to operate it as a
theater,   which   shall   be   known    as    the
Connecticut-Stratford     Shakespeare     Festival
Theater,  for   live,   theatrical   performances,
including  not less than one annual performance of
a play by William Shakespeare, for a period of not
less  than twenty years from the date of the first
performance. Such person shall further agree  that
(1) he shall, within four months of the date [upon
which he obtains control] OF  CONVEYANCE  of  said
parcels,  present  to  the  commissioner a plan of
development for the theater and  the  parcels  for
his  approval, (2) the commissioner shall have two
months  to  approve  or  disapprove   such   plan,
provided,  if  the commissioner does not act, such
plan shall be deemed to be approved, and  provided
further, if the commissioner disapproves the plan,
it may be resubmitted, but  such  disapproval  and
resubmittal shall not extend the other time limits
set forth in this subsection, (3) he shall, within
one  year  of  the  date  [upon  which  he obtains
control] OF CONVEYANCE of said parcels, present to
the commissioner construction documents consisting
of design  drawings  and  specifications  for  the
development of the theater and the parcels for his
approval,    provided    such     drawings     and
specifications    shall    also   be   under   the
jurisdiction of the local building  official,  (4)
the  commissioner shall have two months to approve
or disapprove such  documents,  provided,  if  the
commissioner does not act, such documents shall be
deemed to be approved, and  provided  further,  if
the  commissioner disapproves such documents, they
may  be  resubmitted,  but  such  disapproval  and
resubmittal shall not extend the other time limits
set forth in this subsection, (5) he shall  reopen
the  theater, within three years of the date [upon
which he obtains control] OF  CONVEYANCE  of  said
parcels  or  within two years of the conclusion of
any  lawsuit  relating  to  said   parcels   which
prohibits or substantially inhibits development of
said parcels, whichever is later. Approval by  the
commissioner pursuant to subdivision (2) or (4) of
this subsection shall not be deemed to include any
federal,  state  or  local  approvals  or  permits
necessary  for  the  construction  or  siting   of
facilities  or  for  other  regulated  use  of the
property. If said parcels are not,  at  any  time,
used for the purposes set forth in this subsection
and within the time  periods  set  forth  in  this
subsection,  they  shall  revert  to  the state of
Connecticut, and  the  commissioner  shall  convey
said  parcels  to  the town of Stratford, for park
and recreational purposes  only,  subject  to  the
approval  of the State Properties Review Board and
at a cost equal to  the  administrative  costs  of
making   such  conveyance.  If  said  parcels  are
conveyed to the town and at any time are not  used
for  such purposes, they shall revert to the state
of Connecticut. Payments made to the  commissioner
prior  to  any  reversion of said parcels shall be
retained by the state.
    (d)  The  State  Properties Review Board shall
complete its review  of  the  conveyance  of  said
parcels  of  land not later than thirty days after
it  receives  a  proposed   agreement   from   the
department  of environmental protection. [The land
shall remain under the care and  control  of  said
department   until   a   conveyance   is  made  in
accordance with the provisions of  this  section.]
The  state treasurer shall execute and deliver any
deed or  instrument  necessary  for  a  conveyance
under this section, which deed or instrument shall
include provisions to carry out  the  purposes  of
subsection   (c)   of   this   section,   and  the
commissioner  of  environmental  protection  shall
have   the   sole  responsibility  for  all  other
incidents of such conveyance.
    (e)  The  proceeds from the conveyance of said
parcels shall  be  used  by  the  commissioner  to
effect  the purposes of the Connecticut recreation
and natural  heritage  trust  program  created  by
chapter 453 of the general statutes.
    Sec.  2.  This  act shall take effect from its
passage.

Approved February 20, 1998