THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY W. KELLER, M. O'BRIEN, BARBIN, CARROLL, CLYMER, CRUZ, DALLY, GEORGE, GRUCELA, HARKINS, HARRIS, JOSEPHS, KIRKLAND, KORTZ, KOTIK, KULA, MAHONEY, MARSHALL, MUSTIO, READSHAW, SABATINA, SIPTROTH, K. SMITH, SOLOBAY, J. TAYLOR, CREIGHTON AND YUDICHAK, MARCH 17, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2009  

AN ACT

Authorizing and directing the Department of General Services,

with the approval of the Governor, to grant and convey to the

Philadelphia Authority for Industrial Development certain

lands situate in the 39th Ward of the City of Philadelphia;

and authorizing and directing the Department of General

Services, with the approval of the Governor, to grant and

convey to the Philadelphia Regional Port Authority certain

submerged lands situate in the 39th Ward of the City of

Philadelphia.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in 39th Ward, City of Philadelphia.

(a)  Authorization.--The Department of General Services, with

the approval of the Governor, is hereby authorized and directed

on behalf of the Commonwealth of Pennsylvania to grant and

convey to the Philadelphia Authority for Industrial Development,

for $1, certain lands situate in the 39th Ward of the City of

Philadelphia described in subsection (b).

(b)  Description.--The lands to be conveyed pursuant to

subsection (a) consist of 52.78 acres more particularly

described as follows:

ALL THAT CERTAIN land located in the City of

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

that was made fast land by having fill placed upon it, a

general description based upon paper survey as follows to

wit:

Beginning at a point measured the sixteen (16) following

courses and distances from the intersection of the easterly

side of Broad Street (at 300 feet wide) with the

southwesterly side of Pattison Avenue (at 120 feet wide):

1.  Southwesterly along the easterly side of Broad Street,

2,527.57 feet to a point;

2.  Southeasterly at right angles to said Broad Street, 37

feet to a drill hole set, a corner for the said lands now

or formerly of Consolidated Rail Corporation; (courses 3

through 8 along the southerly side of lands now or

formerly of Consolidated Rail Corporation);

3.  South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

a drill hole set;

4.  South 76 degrees 31 minutes 21 seconds East 229.54 feet

to an iron pin set;

5.  South 68 degrees 33 minutes 21 seconds East, 284.65 feet

to an iron pin set;

6.  South 63 degrees 50 minutes 26 seconds East, 341 feet to

an iron pin set;

7.  Southeasterly by a curve to the left having a radius of

2,287.44 feet, and an arc length of 730.03 feet to an

iron pin set, said point being distant by a chord of

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

from last described point;

8.  South 82 degrees 07 minutes 34 seconds East 1,741.91

feet;

9.  South 76 degrees 03 minutes 40 seconds East, 6093.91

feet;

10.  South 60 degrees 56 minutes 20 seconds West, 1,240.00

feet

11.  South 73 degrees 56 minutes 20 seconds West, 470.00

feet;

12.  North 66 degrees 33 minutes 40 seconds West, 340.00

feet;

13.  North 84 degrees 33 minutes 40 seconds West, 1,470.00

feet;

14.  North 75 degrees 03 minutes 40 seconds West, 920.00

feet;

15.  North 82 degrees 18 minutes 40 seconds West, 910.00

feet;

16.  North 66 degrees 48 minutes 40 seconds West, 414.28 feet

to the place of beginning.

Thence from the said point of Beginning, the nine (9)

following described courses and distances;

1.  South 00 degrees 00 minutes 00 seconds West 618.53 feet;

2.  North 67 degrees 26 minutes 48 seconds West, 1,040.00

feet;

3.  North 62 degrees 56 minutes 04 seconds West, 2,375.00

feet;

4.  North 78 degrees 41 minutes 48 seconds West, 500.00 feet;

5.  North 82 degrees 35 minutes 18 seconds West, 475.00 feet;

6.  North 13 degrees 11 minutes 20 seconds East, 550.00 feet;

7.  North 87 degrees 40 minutes 20 seconds East, 386.51 feet;

8.  South 65 degrees 18 minutes 40 seconds East, 2,154.00

feet;

9.  South 66 degrees 48 minutes 40 seconds East, 1705.72 feet

to the point of beginning.

(c)  Easements.--The conveyance 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)  Deed.--The deed of conveyance shall contain a clause

requiring that promptly after receipt of the deed of conveyance

the Philadelphia Authority for Industrial Development shall

convey for the consideration of one dollar portions of, or

rights in, the lands conveyed herein to any entity claiming an

interest therein, including but not confined to fee ownership,

easements, rights of way or other estates or tenancies,

resulting from a prior grant or conveyance by the Philadelphia

Authority for Industrial Development to such entity based upon

any conveyance from the United States to the Philadelphia

Authority for Industrial Development.

(e)  Deed execution.--The deed of conveyance authorized by

this section shall be approved as provided by law and shall be

executed by the Secretary of General Services in the name of the

Commonwealth of Pennsylvania.

(f)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

Section 2.  Submerged land in the City of Philadelphia.

(a)  Authorization.--The Department of General Services, with

the approval of the Governor, is hereby authorized and directed

on behalf of the Commonwealth of Pennsylvania to grant and

convey to the Philadelphia Regional Port Authority for $1

certain lands situate in the 39th Ward of the City of

Philadelphia described in subsection (b).

(b)  Description.--The lands to be conveyed under subsection

(a) consist of 196.10 acres more particularly described as

follows:

ALL THAT CERTAIN land located in the City of

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

that was made fast land by having fill placed upon it, a

general description based upon paper survey as follows to

wit:

Beginning at a point near the Bulkhead Line of the

Delaware River, as established by the Secretary of War,

September 10, 1940, a common corner for lands now or formerly

of Consolidated Rail Corporation, and Parcel 9, the said

point being measured the nine (9) following courses and

distances from the intersection of the easterly side of Broad

Street (at 300 feet wide) with the southwesterly side of

Pattison Avenue (at 120 feet wide):

1.  Southwesterly along the easterly side of Broad Street,

2,527.57 feet to a point;

2.  Southeasterly at right angles to said Broad Street, 37

feet to a drill hole set, a corner for the said lands now

or formerly of Consolidated Rail Corporation; (courses 3

through 8 along the southerly side of lands now or

formerly of Consolidated Rail Corporation);

3.  South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

a drill hole set;

4.  South 76 degrees 31 minutes 21 seconds East 229.54 feet

to an iron pin set;

5.  South 68 degrees 33 minutes 21 seconds East, 284.65 feet

to an iron pin set;

6.  South 63 degrees 50 minutes 26 seconds East, 341 feet to

an iron pin set;

7.  Southeasterly by a curve to the left having a radius of

2,287.44 feet, and an arc length of 730.03 feet to an

iron pin set, said point being distant by a chord of

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

from last described point;

8.  South 82 degrees 07 minutes 34 seconds East 1,741.91 feet

to a point; and

9.  South 76 degrees 03 minutes 40 seconds East, 6093.91 feet

to the said point of Beginning;

Thence from the said point of Beginning, the nineteen

(19) following described courses and distances;

1.  South 76 degrees 03 minutes 40 seconds East, 50.00 feet;

2.  South 40 degrees 23 minutes 05 seconds West, 1,627.95

feet;

3.  South 58 degrees 07 minutes 17 seconds West, 1,737.34

feet;

4.  South 78 degrees 26 minutes 04 seconds West, 1,099.52

feet;

5.  South 78 degrees 27 minutes 42 seconds West, 2,645.60

feet;

6.  North 86 degrees 01 minutes 55 seconds West, 340.00 feet;

7.  North 00 degrees 56 minutes 51 seconds West, 960.00 feet;

8.  North 82 degrees 02 minutes 26 seconds East, 1,650.00

feet;

9.  North 12 degrees 11 minutes 20 seconds East, 150.00 feet;

10.  North 58 degrees 52 minutes 22 seconds East, 1,005.00

feet;

11.  North 72 degrees 03 minutes 16 seconds West, 1,580.00

feet;

12.  North 00 degrees 00 minutes 00 seconds East 618.53 feet;

13.  South 66 degrees 48 minutes 40 seconds East, 414.28

feet;

14.  South 82 degrees 18 minutes 40 seconds East, 910.00

feet;

15.  South 75 degrees 03 minutes 40 seconds East, 920.00

feet;

16.  South 84 degrees 33 minutes 40 seconds East, 1,470.00

feet;

17.  South 66 degrees 33 minutes 40 seconds East, 340.00

feet;

18.  North 73 degrees 56 minutes 20 seconds East, 470.00

feet;

19.  North 60 degrees 56 minutes 20 seconds East, 1,240.00

feet; to the point of beginning.

(c)  Easements.--The conveyance 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)  Deed.--

(1)  The deed of conveyance shall contain a clause that

the lands conveyed herein shall be used only for maritime

purposes by the grantee, or its successor in interest with an

exception allowing the Philadelphia Regional Port Authority

to lease, license or grant easements to the Philadelphia

Authority for Industrial Development to allow the

Philadelphia Authority for Industrial Development or its

agents to fulfill obligations that it may have made in

reliance on any conveyance from the United States to the

Philadelphia Authority for Industrial Development. Should the

grantee, or its successor in interest, allow the lands

conveyed to be used for any other purpose or attempt to

convey or transfer the lands, the title shall immediately

revert to and revest in the grantor. The term "maritime

purposes" shall mean activities directly related to the

handling of cargo for import or export or the transport of

passengers through the Port of Philadelphia but the term

shall not mean activities related to gambling or gaming.

(2)  The deed of conveyance shall contain a clause that

if the Philadelphia Regional Port Authority or its successor

in interest cease to exist, the lands conveyed herein shall

immediately revert to and revest in the grantor, unless a

successor authority has been formed to continue the

Commonwealth's governance of regional port activities along

the Delaware River.

(e)  Land use restriction.--All deeds or leases authorized or

referred to under this section shall be made under and subject

to the condition, which shall be contained in the deed or lease

documents, that no portion of the parcels shall 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

deed or lease or sublessees and their respective successors and

assigns. Should any portion of any parcel authorized for

conveyance under this section be used in violation of this

subsection, the title shall immediately revert to and revest in

the grantor.

(f)  Deed execution.--The deed of conveyance authorized by

this section shall be approved as provided by law and shall be

executed by the Secretary of General Services in the name of the

Commonwealth of Pennsylvania.

(g)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

Section 3.  Effective date.

This act shall take effect immediately.