PRINTER'S NO. 1733
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1518
Session of
2023
INTRODUCED BY KENYATTA, BELLMON, MADDEN, SANCHEZ, KINSEY AND
KRAJEWSKI, JUNE 26, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 26, 2023
AN ACT
Authorizing the Pennsylvania Historical and Museum Commission,
with the approval of the Governor, to grant and convey
certain lands and improvements situate in the 47th Ward of
the City of Philadelphia, Philadelphia County, to New Freedom
Theatre, Inc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in City of Philadelphia, Philadelphia
County.
(a) Authorization.--The Pennsylvania Historical and Museum
Commission, with the approval of the Governor, is authorized on
behalf of the Commonwealth of Pennsylvania to grant and convey
the following tract of land together with any improvements
thereon, situate in the 47th Ward of the City of Philadelphia,
Philadelphia County, to New Freedom Theatre, Inc., for $1, under
terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under
subsection (a) consists of the following:
ALL that certain unit in the property known, named and
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identified in the Declaration referred to below as "Freedom
Theatre Condominium," located in the 29th Ward of the City and
County of Philadelphia, Commonwealth of Pennsylvania, which has
heretofore been submitted to the provisions of the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S. Section 3101, et seq., by
the recording in the Philadelphia Department of Records of a
Declaration dated July 10, 1992, recorded on July 13, 1992 in
Deed Book VCS 111, Page 353, being and designated in such
Declaration as Unit 1, as more fully described in said
Declaration, together with a proportionate undivided interest in
the Common Elements (as defined in the Declaration) of 30%.
BEING the same premises conveyed by New Freedom Theatre, Inc.
to the Pennsylvania Historical and Museum Commission by deed
dated July 10, 1992, and recorded at the Department of Records
of the City and County of Philadelphia at Deed Book VCS 123 Page
132, Document Number 45614463.
ALSO BEING Philadelphia County OPA Account Number 772726001.
(c) Conditions.--The conveyance under this section shall be
made under and subject to all lawful and enforceable easements,
servitudes and rights of others, including, but not confined to,
streets, roadways and rights of any telephone, telegraph, water,
electric, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Restriction.--The conveyance authorized under this
section shall be made under and subject to the condition, which
shall be contained in the deed of conveyance, that no portion of
the property conveyed shall be used as a licensed facility, as
defined in 4 Pa.C.S. ยง 1103 (relating to definitions), or any
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other similar type of facility authorized under State law. The
condition shall be a covenant running with the land and shall be
binding upon the grantee, its successors and assigns. Should the
grantee, its successors or assigns permit any portion of the
property authorized to be conveyed in this section to be used in
violation of this subsection, the title shall immediately revert
to and revest in the grantor.
(e) Deed of conveyance.--The conveyance shall be made by
special warranty deed to be executed by the Executive Director
of the Pennsylvania Historical and Museum Commission in the name
of the Commonwealth of Pennsylvania.
(f) Proceeds.--The proceeds from the conveyance under this
section shall be deposited into the General Fund.
(g) Alternate disposition.--In the event that the conveyance
authorized under this section is not completed within two years
of the effective date of this subsection, the authority to
convey the property as specified in subsection (a) shall expire,
and the property may be disposed of in accordance with section
2405-A of the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929.
Section 2. Effective date.
This act shall take effect immediately.
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