PRINTER'S NO. 2048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1569
Session of
2017
INTRODUCED BY O'BRIEN, JUNE 16, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 2017
AN ACT
Authorizing the Department of General Services, with the
concurrence of the Department of Environmental Protection, to
lease to Pier 35 1/2 LLC, or its nominee, land within the bed
of the Delaware River in the City of Philadelphia; affirming
the authority of the General Assembly to enact certain
conveyances; authorizing the Department of General Services,
with the concurrence of the Department of Environmental
Protection, to lease to Penn Treaty Views LLC, or its
nominee, land within the bed of the Delaware River in the
City of Philadelphia; and affirming the authority of the
General Assembly to enact certain conveyances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Land within the Delaware River bed and 709-711 Penn
Street, City of Philadelphia.
(a) Authorization.--The Commonwealth owns the lands within
the bed of the Delaware River, a portion of which lands are
located in the 5th Ward of the City of Philadelphia, and
includes lands commonly known as 709 - 711 Penn Street, Pier No.
35 1/2 North. The Department of General Services, with the
concurrence of the Department of Environmental Protection,
acting on behalf of the Commonwealth, is authorized and directed
to lease, for the consideration as shall be agreed upon by the
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parties, to Pier 35 1/2 LLC, or its nominee (hereinafter
"lessee") for an initial term of 99 years, land within the bed
of the Delaware River in the City of Philadelphia, and to extend
the period for all or any portion of the leased premises for an
additional term of up to 99 years.
(b) Description of property.--The land to be leased is more
particularly described as follows:
ALL THAT CERTAIN lot or piece of ground together with the
improvements thereon erected, situate in the 5th Ward of the
City of Philadelphia, Pennsylvania and shown on a Boundary and
Topographic Survey made for Pier 35 1/2, LLC, Penn Street &
Fairmount Avenue, Pier 35 N, Lot 9, Map 5 N 4, 5th Ward, City &
County of Philadelphia, Commonwealth of Pennsylvania by Control
Point Associates, Inc., dated February 3, 2005 and more
particularly described as follows to wit:
Beginning at a point on the dividing line Between Lot 9, Map 5 N
4, lands now or formerly Berman and Lot 16, Map 6 N 6, lands now
or formerly Isle of Capri Associates, L.P., Said point being
distant the following two (2) courses and distances from the
intersection and southeasterly right-of-way line of Penn Street
(60 foot wide right-of-way, legally open) and the easterly
right-of-way line of Delaware Avenue (A.K.A. Christopher
Columbus Boulevard, A.K.A. SR. 2001, 150 foot wide right-of-way,
legally open):
A. Along the southeasterly right-of-way of Penn Street,
North 43 degrees 30 minutes 00 seconds East, a distance of
140.229 feet to a drill hole, THENCE;
B. Along the dividing line between Lot 9, Map 5 N 4 and
Lot 16, Map 6 N 6, South 47 degrees 02 minutes 00 seconds
east, a distance of 194.573 feet to the true point and place
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of beginning and from said point of beginning running,
THENCE;
The following two (2) courses and distances along the dividing
line between Lot 9, Map 5 N 4 AND Lot 16, Map 6 N 6:
1. South 67 degrees 54 minutes 00 seconds East, a
distance of 125.667 feet to a point, THENCE;
2. South 46 degrees 04 minutes 40 seconds East, a
distance of 361.500 feet to a point on the northeasterly
right-of-way line of Fairmount Avenue (62 foot 2 inch wide
right-of-way, not open, not on the city tax registry), said
point is 53.976 feet on a bearing North 71 degrees 40 minutes
00 seconds West from the pierhead line of the Delaware River
(established January 5, 1894, Approved by the Secretary of
War September 10, 1940), THENCE;
3. Along the northeasterly right-of-way line of
Fairmount Avenue, North 71 degrees 40 minutes 00 seconds
West, a distance of 527.937 feet to a point on the Bulkhead
line of the Delaware River, (established January 5, 1894,
approved by the Secretary of War September 10, 1940), THENCE;
4. Along the Bulkhead line of the Delaware River, North
43 degrees 17 minutes 06 seconds East, a distance of 181.316
feet to the point and place of BEGINNING.
CONTAINING 51,839 SQUARE FEET OR 1.19006 ACRES
(c) Lease agreement.--The lease and any other documents
provided for under this act shall be approved as to form and
legality by the Attorney General and Office of General Counsel
and shall be executed by the Department of General Services,
with the concurrence of the Department of Environmental
Protection, in the name of the Commonwealth. The approvals shall
not be unreasonably withheld, the lease shall grant the lessee,
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and the successors, assigns and sublessees, the right to use the
premises described in subsection (b), or to assign the lease or
sublease or permit the sublease of premises described in
subsection (b) for the purposes of the proposed development of
41 townhouses, each with parking for two cars, 21 of which
parking spaces are in the leased area.
(d) Sublease.--The Department of General Services, with the
concurrence of the Department of Environmental Protection,
acting on behalf of the Commonwealth, is also authorized to
enter into one or more nondisturbance agreements with any
sublessee of the premises described in this section pursuant to
which the Commonwealth will agree that, if the Commonwealth
succeeds to the interest of the sublessor under a sublease, it
will not terminate the sublease unless the sublessee is in
default.
(e) Land use restriction.--The leases authorized or referred
to under this section shall be made under and subject to the
condition, which shall be contained in the lease documents, that
no portion of the parcels may be used as a licensed facility as
defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
other similar type of facility authorized under the laws of this
Commonwealth. This condition shall be a covenant running with
the land and shall be binding upon the lessee and sublessees and
their respective successors and assigns. Should a portion of a
parcel authorized to be leased under this act be used in
violation of this subsection, the lease shall terminate
immediately.
(f) Improvements.--
(1) The Department of General Services is authorized to
execute, on behalf of the Commonwealth, any declaration or
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other document necessary to submit the premises described in
subsection (b) or a portion of the premises and any
improvements on the premises to the provisions of 68 Pa.C.S.
Pt. II Subpt. D (relating to planned communities) as a
leasehold condominium.
(2) The lessee, the sublessees and their respective
successors and assigns, shall provide and maintain at least
the following free public access to the riverfront, for
fishing and other recreational activities and free public
parking in connection with the access:
(i) A minimum of 10 free public parking spaces
available at all times located proximate to the public
walkway near the water edge and signage indicating the
free public parking.
(ii) Public walkways on the riverfront, providing
free public access to the water and allowing for passive
and active recreational activities year-round and signage
indicating the walkways are open to the general public.
(iii) Public access to the Delaware River in
accordance with the Delaware River Waterfront Corporation
Plan that is consistent with the Waterfront Setback
requirements set forth in Section 14-216(6)(g) of the
Philadelphia Code (enacted into law by an Ordinance
enacting Bill No. 050465, passed by the City Council on
June 16, 2005, and signed by the Mayor on July 8, 2005).
(3) Should the lessee, a sublessee or any of their
respective successors or assigns wish to modify the public
access and parking required under this section, it must
obtain the prior written approval of the Department of
Environmental Protection and the Department of General
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Services, which approval shall not be unreasonably withheld.
The public access and parking shall be completed and open to
the public no later than the date the first tenant or
resident occupies either the leasehold or the land adjacent
to the leasehold.
(4) The provisions of this section may not affect or
otherwise limit the requirements of the provisions of the act
of November 26, 1978 (P.L.1375, No.325), known as the Dam
Safety and Encroachments Act, which may require further
measures to provide for public access and use of the land and
adjacent water.
(5) The conditions set forth in this subsection shall be
covenants that run with the land and shall be binding upon
the lessee, any sublessee and their respective successors and
assigns. Should the lessee, any sublessee or any of their
respective successors or assigns permit the parcels
authorized to be leased under this section, or any portion of
the parcels, to be used in a manner inconsistent with the
conditions under this subsection, all rights and interests in
the lease authorized under this act shall terminate
immediately.
(g) Consideration.--The Department of General Services shall
lease the land within the bed of the Delaware River as described
in subsection (b) upon the terms and conditions and for the
other nonmonetary consideration as it shall establish in the
lease agreement with the concurrence of the Department of
Environmental Protection.
(h) Costs and fees.--Costs and fees incidental to the lease
authorized under this section shall be borne by the lessee,
including the costs incurred by the Department of General
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Services and the Department of Environmental Protection in the
preparation, execution and review of the lease, nondisturbance
agreements and related documents.
Section 2. Land within the Delaware River bed and 1143-1151
North Delaware Avenue, City of Philadelphia.
(a) Authorization.--The Commonwealth owns the lands within
the bed of the Delaware River, a portion of which lands are
located in the 5th Ward of the City of Philadelphia, and
includes lands commonly known as 1143-1151 North Delaware Avenue
and Pier No. 53 North. The Department of General Services, with
the concurrence of the Department of Environmental Protection,
acting on behalf of the Commonwealth, is authorized and directed
to lease, for the consideration as shall be agreed upon by the
parties, to Penn Treaty Views LLC, or its nominee (hereinafter
"lessee") for an initial term of 99 years, land within the bed
of the Delaware River in the City of Philadelphia, and to extend
the period for all or any portion of the leased premises for an
additional term of up to 99 years.
(b) Description of property.--The land to be leased is more
particularly described as follows:
ALL THAT CERTAIN portion of property known as 1143-1151 North
Delaware Avenue and Pier 53 North lying between the Bulkhead
Line and the Pierhead Line of the Delaware River as established
by the Secretary of War on September 10, 1940; said portion
being situate on the southwesterly side of former Marlboro
Street (47 feet 6 inches wide - stricken and vacated by
Ordinance of Philadelphia City Council on September 19, 1982 and
confirmed by the Board of Surveyors on July 5, 1983, reserved as
a right of way for drainage, water main and public utility
purposes) in the Fifth (formerly the Eighteenth) Ward of the
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City of Philadelphia, Commonwealth of Pennsylvania, bounded and
described in accordance with a Plan of Property by Allen J.
Bommentre, Jr., Surveyor and Regulator of the Third Survey
District, dated April 12, 2005, as follows:
BEGINNING at a point formed by intersection of the southeasterly
side of Delaware Avenue, (also known as Christopher Columbus
Boulevard-legally open on City Plan, 140' wide) and the
southwesterly side of former Marlborough Street (47 feet 6
inches wide-stricken and vacated by Ordinance of Council
9/29/1982, Confirmed by Board of Surveyors 7/5/1983, Reserved as
a Right-of-Way for Drainage, Water Main & Public Utility
Purposes);
1. FROM SAID POINT OF BEGINNING, extending S20°46'27"E along
the said Southwesterly side of former Marlborough Street,
crossing the Bulkhead line of the Delaware River at the distance
of 280.992', established by the Secretary of War September 10,
1940) the total distance of 870.298' to a point on the Pierhead
line of the Delaware River (established by the Secretary of War
September 10, 1940); THENCE,
2. Extending S54°04'10"W, along the said Pierhead line, the
distance of 57.397' to a point;
THENCE,
3. Extending N23°18'27"W (crossing the Bulkhead line of the
Delaware River at the distance of 589.344', established by the
Secretary of War September 10, 1940) the total distance of
877.385' to a point on the said southeasterly side of Delaware
Avenue;
THENCE,
4. Extending N63°51'33"E, along the said Southeasterly side of
Delaware Avenue (also known as Christopher Columbus Boulevard)
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the distance of 93.833' to the first mentioned
POINT AND PLACE OF BEGINNING.
Containing: 65,226 Square Feet of land (1.49738 acres)
(c) Lease agreement.--The lease and any other documents
provided for under this act shall be approved as to form and
legality by the Attorney General and Office of General Counsel
and shall be executed by the Department of General Services,
with the concurrence of the Department of Environmental
Protection, in the name of the Commonwealth. The approvals shall
not be unreasonably withheld. The lease shall grant the lessee,
and the successors, assigns and sublessees, the right to use the
premises described in subsection (b), or to assign the lease or
sublease or permit the sublease of the premises described in
subsection (b) for the purposes of the proposed development of
19 townhouses, each with two car parking, five of which are in
the leased area, all consistent with public access.
(d) Sublease.--The Department of General Services, with the
concurrence of the Department of Environmental Protection,
acting on behalf of the Commonwealth, is also authorized to
enter into one or more nondisturbance agreements with any
sublessee of the premises described in this section pursuant to
which the Commonwealth will agree that, if the Commonwealth
succeeds to the interest of the sublessor under a sublease, it
will not terminate the sublease unless the sublessee is in
default.
(e) Land use restriction.--The leases authorized or referred
to under this section shall be made under and subject to the
condition, which shall be contained in the lease documents, that
no portion of the parcels may be used as a licensed facility as
defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
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other similar type of facility authorized under the laws of this
Commonwealth. This condition shall be a covenant running with
the land and shall be binding upon the lessee and sublessees and
their respective successors and assigns. Should a portion of a
parcel authorized to be leased under this act be used in
violation of this subsection, the lease shall terminate
immediately.
(f) Improvements.--
(1) The Department of General Services is authorized to
execute, on behalf of the Commonwealth, any declaration or
other document necessary to submit the premises described in
subsection (b) or any portion of the premises and any
improvements on the premises to the provisions of 68 Pa.C.S.
Pt. II Subpt. D (relating to planned communities) as a
planned community.
(2) The lessee, the sublessees and their respective
successors and assigns, shall provide and maintain at least
the following free public access to the riverfront, for
fishing and other recreational activities in connection with
the access:
(i) Free public access to the water and allowing for
passive and active recreational activities year-round and
signage indicating the walkways are open to the general
public.
(ii) A free public park area along the public
walkway near the water.
(iii) Public access to the Delaware River that is
consistent with the Waterfront Setback requirements set
forth in Section 14-216(6)(g) of the Philadelphia Code
(enacted into law by an Ordinance enacting Bill No.
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050465, passed by the City Council on June 16, 2005, and
signed by the Mayor on July 8, 2005).
(3) Should the lessee, a sublessee or any of their
respective successors or assigns wish to modify the public
access and parking required under this section, it must
obtain the prior written approval of the Department of
Environmental Protection and the Department of General
Services, which approval shall not be unreasonably withheld.
The public access and parking shall be completed and open to
the public no later than the date the first tenant or
resident occupies either the leasehold or the land adjacent
to the leasehold.
(4) The provisions of this section may not affect or
otherwise limit the requirements of the provisions of the act
of November 26, 1978 (P.L.1375, No.325), known as the Dam
Safety and Encroachments Act, which may require further
measures to provide for public access and use of the land and
adjacent water.
(5) The conditions set forth in this subsection shall be
covenants that run with the land and shall be binding upon
the lessee, any sublessee and their respective successors and
assigns. Should the lessee, any sublessee or any of their
respective successors or assigns permit the parcels
authorized to be leased under this section, or any portion of
the parcels, to be used in a manner inconsistent with the
conditions under this subsection, all rights and interests in
the lease authorized under this act shall terminate
immediately.
(g) Consideration.--The Department of General Services shall
lease the land within the bed of the Delaware River as described
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in subsection (b) upon the terms and conditions and for the
other nonmonetary considerations as it shall establish in the
lease agreement, with the concurrence of the Department of
Environmental Protection.
(h) Costs and fees.--Costs and fees incidental to the lease
authorized under this section shall be borne by the lessee,
including the costs incurred by the Department of General
Services and the Department of Environmental Protection in the
preparation, execution and review of the lease, nondisturbance
agreements and related documents.
Section 3. Affirmation of exclusive authority of General
Assembly.
The General Assembly affirms its existing, sole and exclusive
authority to consider and specifically authorize the conveyance
of any title, easement, right-of-way or other interest in
Commonwealth-owned lands, such as those described in section
1(b), under the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929, and the act of November 26,
1978 (P.L.1375, No.325), known as the Dam Safety and
Encroachments Act. Nothing in this section may affect or
otherwise limit the authority of the Department of Environmental
Protection under section 15 of the Dam Safety and Encroachments
Act or section 514 of The Administrative Code of 1929.
Section 4. Effective date.
This act shall take effect immediately.
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