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repealed and the following is substituted in lieu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