78 
resolution precisely as the terms and conditions of cancellation 
and annulment apply to the lands in the original botanic garden 
established in pursuance of the agreement entered into between 
The City of New York, party of the first part, and the said Brook- 
lyn Institute of Arts and Sciences, party of the second part, dated 
the 28th of December, 1909; and subject to the following addi- 
tional conditions, namely: 
Provision for possible future roadway 
“That the Board of Estimate and Apportionment of The 
City of New York, on the recommendation of the Board of Com- 
missioners of Public Parks of said City, reserves the right to with- 
draw from the lands hereinbefore described in this resolution, a 
strip of land across the southerly part of said lands from Wash- 
ington avenue toward the Willink Entrance of Prospect Park for 
the construction by the Department of Parks of a roadway thereon, 
the boundaries of said strip of land and the location of said road- 
way to be determined by said Board of Estimate and Apportion- 
ment on the recommendation of the said Board of Commissioners 
of Public Parks; and in laying out, grading and planting lands 
as hereinbefore described and bounded, due account shall be taken 
of the possible need of such roadway in the future.” 
Requirements concerning pathway for pedestrians 
2. “ The plans for the development and the use of these addi- 
tional lands shall include a pathway for pedestrians running across 
the lands from Washington avenue to a point on Flatbush avenue 
near the Willink Entrance to Prospect Park and such pathway 
shall be kept open at such hours and times as shall be designated 
by the Park Commissioner of the Borough of Brooklyn, or by his 
successor or successors.” 
Agreement to second amendment 
Now, THEREFORE, in consideration of the actions already taken 
under chapter 618 of the Laws of 1906, and chapter 178 of the 
Laws of 1911, and in consideration of the mutual agreements 
herein contained, it is agreed by and between the said parties that 
the agreement between the said City of New York and the said 
Brooklyn Institute of Arts and Sciences, entered into on Decem- 
