SENATE AMENDED

 

PRIOR PRINTER'S NO. 1076

PRINTER'S NO.  3796

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

666

Session of

2009

  

  

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, YUDICHAK, YOUNGBLOOD, GILLESPIE AND MURT, MARCH 17, 2009

  

  

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, MAY 25, 2010   

  

  

  

AN ACT

  

1

Authorizing and directing the Department of General Services,

2

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

3

Philadelphia Authority for Industrial Development interests

<--

4

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

5

Philadelphia; and authorizing and directing the Department of

6

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

7

and convey to the Philadelphia Regional Port Authority

8

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

<--

9

of Philadelphia.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

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

<--

13

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

14

the approval of the Governor, is hereby authorized and directed

15

on behalf of the Commonwealth of Pennsylvania to grant and

16

convey to the Philadelphia Authority for Industrial Development,

17

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

18

Philadelphia described in subsection (b).

 


1

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

2

subsection (a) consist of 52.78 acres more particularly

3

described as follows:

4

ALL THAT CERTAIN land located in the City of

5

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

6

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

7

general description based upon paper survey as follows to

8

wit:

9

Beginning at a point measured the sixteen (16) following

10

courses and distances from the intersection of the easterly

11

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

12

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

13

1.  Southwesterly along the easterly side of Broad Street,

14

2,527.57 feet to a point;

15

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

16

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

17

or formerly of Consolidated Rail Corporation; (courses 3

18

through 8 along the southerly side of lands now or

19

formerly of Consolidated Rail Corporation);

20

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

21

a drill hole set;

22

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

23

to an iron pin set;

24

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

25

to an iron pin set;

26

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

27

an iron pin set;

28

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

29

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

30

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

- 2 -

 


1

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

2

from last described point;

3

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

4

feet;

5

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

6

feet;

7

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

8

feet

9

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

10

feet;

11

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

12

feet;

13

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

14

feet;

15

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

16

feet;

17

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

18

feet;

19

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

20

to the place of beginning.

21

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

22

following described courses and distances;

23

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

24

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

25

feet;

26

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

27

feet;

28

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

29

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

30

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

- 3 -

 


1

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

2

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

3

feet;

4

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

5

to the point of beginning.

6

(c)  Easements.--The conveyance shall be made under and

7

subject to all lawful and enforceable easements, servitudes and

8

rights of others, including but not confined to streets,

9

roadways and rights of any telephone, telegraph, water,

10

electric, gas or pipeline companies, as well as under and

11

subject to any lawful and enforceable estates or tenancies

12

vested in third persons appearing of record, for any portion of

13

the land or improvements erected thereon.

14

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

15

requiring that promptly after receipt of the deed of conveyance

16

the Philadelphia Authority for Industrial Development shall

17

convey for the consideration of one dollar portions of, or

18

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

19

interest therein, including but not confined to fee ownership,

20

easements, rights of way or other estates or tenancies,

21

resulting from a prior grant or conveyance by the Philadelphia

22

Authority for Industrial Development to such entity based upon

23

any conveyance from the United States to the Philadelphia

24

Authority for Industrial Development.

25

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

26

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

27

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

28

Commonwealth of Pennsylvania.

29

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

30

conveyance shall be borne by the grantee.

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1

Section 2.  Submerged land in the City of Philadelphia.

2

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

3

the approval of the Governor, is hereby authorized and directed

4

on behalf of the Commonwealth of Pennsylvania to grant and

5

convey to the Philadelphia Regional Port Authority for $1

6

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

7

Philadelphia described in subsection (b).

8

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

9

(a) consist of 196.10 acres more particularly described as

10

follows:

11

ALL THAT CERTAIN land located in the City of

12

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

13

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

14

general description based upon paper survey as follows to

15

wit:

16

Beginning at a point near the Bulkhead Line of the

17

Delaware River, as established by the Secretary of War,

18

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

19

of Consolidated Rail Corporation, and Parcel 9, the said

20

point being measured the nine (9) following courses and

21

distances from the intersection of the easterly side of Broad

22

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

23

Pattison Avenue (at 120 feet wide):

24

1.  Southwesterly along the easterly side of Broad Street,

25

2,527.57 feet to a point;

26

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

27

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

28

or formerly of Consolidated Rail Corporation; (courses 3

29

through 8 along the southerly side of lands now or

30

formerly of Consolidated Rail Corporation);

- 5 -

 


1

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

2

a drill hole set;

3

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

4

to an iron pin set;

5

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

6

to an iron pin set;

7

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

8

an iron pin set;

9

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

10

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

11

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

12

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

13

from last described point;

14

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

15

to a point; and

16

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

17

to the said point of Beginning;

18

Thence from the said point of Beginning, the nineteen

19

(19) following described courses and distances;

20

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

21

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

22

feet;

23

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

24

feet;

25

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

26

feet;

27

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

28

feet;

29

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

30

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

- 6 -

 


1

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

2

feet;

3

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

4

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

5

feet;

6

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

7

feet;

8

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

9

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

10

feet;

11

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

12

feet;

13

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

14

feet;

15

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

16

feet;

17

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

18

feet;

19

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

20

feet;

21

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

22

feet; to the point of beginning.

23

(c)  Easements.--The conveyance shall be made under and

24

subject to all lawful and enforceable easements, servitudes and

25

rights of others, including but not confined to streets,

26

roadways and rights of any telephone, telegraph, water,

27

electric, gas or pipeline companies, as well as under and

28

subject to any lawful and enforceable estates or tenancies

29

vested in third persons appearing of record, for any portion of

30

the land or improvements erected thereon.

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1

(d)  Deed.--

2

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

3

the lands conveyed herein shall be used only for maritime

4

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

5

exception allowing the Philadelphia Regional Port Authority

6

to lease, license or grant easements to the Philadelphia

7

Authority for Industrial Development to allow the

8

Philadelphia Authority for Industrial Development or its

9

agents to fulfill obligations that it may have made in

10

reliance on any conveyance from the United States to the

11

Philadelphia Authority for Industrial Development. Should the

12

grantee, or its successor in interest, allow the lands

13

conveyed to be used for any other purpose or attempt to

14

convey or transfer the lands, the title shall immediately

15

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

16

purposes" shall mean activities directly related to the

17

handling of cargo for import or export or the transport of

18

passengers through the Port of Philadelphia but the term

19

shall not mean activities related to gambling or gaming.

20

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

21

if the Philadelphia Regional Port Authority or its successor

22

in interest cease to exist, the lands conveyed herein shall

23

immediately revert to and revest in the grantor, unless a

24

successor authority has been formed to continue the

25

Commonwealth's governance of regional port activities along

26

the Delaware River.

27

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

28

referred to under this section shall be made under and subject

29

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

30

documents, that no portion of the parcels shall be used as a

- 8 -

 


1

licensed facility as defined in 4 Pa.C.S. § 1103 (relating to

2

definitions) or any other similar type of facility authorized

3

under the laws of this Commonwealth. This condition shall be a

4

covenant running with the land and shall be binding upon the

5

deed or lease or sublessees and their respective successors and

6

assigns. Should any portion of any parcel authorized for

7

conveyance under this section be used in violation of this

8

subsection, the title shall immediately revert to and revest in

9

the grantor.

10

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

11

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

12

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

13

Commonwealth of Pennsylvania.

14

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

15

conveyance shall be borne by the grantee.

16

Section 1.  Conveyance to Philadelphia Authority for Industrial

<--

17

Development, Tract 1, City of Philadelphia.

18

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

19

the approval of the Governor, is hereby authorized and directed

20

on behalf of the Commonwealth of Pennsylvania to quitclaim to

21

the Philadelphia Authority for Industrial Development for $1 any

22

interest it may have in certain lands situate in the 39th Ward

23

of the City of Philadelphia described in subsection (b).

24

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

25

subsection (a) consist of 52.78 acres more particularly

26

described as follows:

27

ALL THAT CERTAIN land located in the City of

28

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

29

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

30

general description based upon paper survey as follows to

- 9 -

 


1

wit:

2

Beginning at a point measured the sixteen (16) following

3

courses and distances from the intersection of the easterly

4

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

5

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

6

1.  Southwesterly along the easterly side of Broad Street,

7

2,527.57 feet to a point;

8

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

9

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

10

or formerly of Consolidated Rail Corporation; (courses 3

11

through 8 along the southerly side of lands now or

12

formerly of Consolidated Rail Corporation);

13

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

14

a drill hole set;

15

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

16

to an iron pin set;

17

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

18

to an iron pin set;

19

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

20

an iron pin set;

21

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

22

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

23

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

24

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

25

from last described point;

26

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

27

feet;

28

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

29

feet; 

30

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

- 10 -

 


1

feet

2

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

3

feet;

4

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

5

feet;

6

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

7

feet;

8

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

9

feet;

10

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

11

feet;

12

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

13

to the place of beginning.

14

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

15

following described courses and distances;

16

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

17

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

18

feet;

19

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

20

feet;

21

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

22

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

23

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

24

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

25

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

26

feet;

27

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

28

to the point of beginning.

29

(c)  Easements.--The quitclaim conveyance shall be made under

30

and subject to all lawful and enforceable easements, servitudes

- 11 -

 


1

and rights of others, all as may appear of record, including but

2

not confined to streets, roadways and rights of any telephone,

3

telegraph, water, electric, gas or pipeline companies, as well

4

as under and subject to any lawful and enforceable estates or

5

tenancies vested in third persons, all as may appear of record,

6

for any portion of the land or improvements erected thereon.

7

(d)  Deed.--The quitclaim deed shall contain a clause

8

requiring that after receipt of the quitclaim deed the

9

Philadelphia Authority for Industrial Development shall,

10

promptly after the request of any prior grantee from the

11

Philadelphia Authority for Industrial Development, quitclaim

12

portions of, or rights in, the lands conveyed herein to any

13

entity claiming such portions thereof or rights therein,

14

including but not confined to fee ownership, easements, rights

15

of way, or other estates or tenancies, resulting from a prior

16

grant or conveyance by the Philadelphia Authority for Industrial

17

Development to such entity based upon any conveyance from the

18

United States of America to the Philadelphia Authority for

19

Industrial Development.

20

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

21

conveyance shall be borne by the grantee.

22

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

23

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

24

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

25

Commonwealth of Pennsylvania.

26

Section 2.  Conveyance to Philadelphia Authority for Industrial

27

Development, Tract 2, City of Philadelphia.

28

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

29

the approval of the Governor, is hereby authorized and directed

30

on behalf of the Commonwealth of Pennsylvania to quitclaim to

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1

the Philadelphia Authority for Industrial Development for $1 any

2

interest it may have in certain lands situate in the 39th Ward

3

of the City of Philadelphia described in subsection (b).

4

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

5

subsection (a) consist of 186.32 acres more particularly

6

described as follows:

7

ALL THAT CERTAIN land located in the City of

8

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

9

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

10

general description based upon paper survey as follows to

11

wit:

12

Beginning at a point near the Bulkhead Line of the

13

Delaware River, as established by the Secretary of War,

14

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

15

of Consolidated Rail Corporation, and Parcel 9, the said

16

point being measured the eleven (11) following courses and

17

distances from the intersection of the easterly side of Broad

18

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

19

Pattison Avenue (at 120 feet wide):

20

1.  Southwesterly along the easterly side of Broad Street,

21

2,527.57 feet to a point;

22

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

23

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

24

or formerly of Consolidated Rail Corporation; (courses 3

25

through 8 along the southerly side of lands now or

26

formerly of Consolidated Rail Corporation);

27

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

28

a drill hole set;

29

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

30

to an iron pin set;

- 13 -

 


1

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

2

to an iron pin set;

3

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

4

an iron pin set;

5

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

6

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

7

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

8

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

9

from last described point;

10

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

11

to a point; and

12

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

13

feet;

14

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

15

to a point near the bulkhead of the Delaware River;

16

11.  South 40 degrees 23 minutes 05 seconds West, 776.55 feet

17

to the place of beginning;

18

Thence from the said point of Beginning, the twenty one

19

(21) following described courses and distances;

20

1.  South 40 degrees 23 minutes 05 seconds West, 851.40 feet;

21

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

22

feet;

23

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

24

feet;

25

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

26

feet;

27

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

28

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

29

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

30

feet;

- 14 -

 


1

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

2

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

3

feet;

4

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

5

feet;

6

11.  North 00 degrees 00 minutes 00 seconds East, 618.53

7

feet;

8

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

9

feet:

10

13.  South 82 degrees 18 minutes 40 seconds East, 633.87

11

feet;

12

14.  South 00 degrees 00 minutes 00 seconds East, 336.58

13

feet;

14

15.  North 90 degrees 00 minutes 00 seconds East 1,818.68

15

feet

16

16.  South 84 degrees 33 minutes 40 seconds East, 810.91

17

feet;

18

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

19

feet;

20

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

21

feet;

22

19.  North 60 degrees 56 minutes 20 seconds East, 246.11

23

feet;

24

20.  North 90 degrees 00 minutes 00 seconds East, 210.00

25

feet;

26

21.  South 59 degrees 23 minutes 28 seconds East 237.20 feet

27

to the place of beginning.

28

(c)  Easements.--The quitclaim conveyance shall be made under

29

and subject to all lawful and enforceable easements, servitudes

30

and rights of others, all as may appear of record, including but

- 15 -

 


1

not confined to streets, roadways and rights of any telephone,

2

telegraph, water, electric, gas or pipeline companies, as well

3

as under and subject to any lawful and enforceable estates or

4

tenancies vested in third persons, all as may appear of record,

5

for any portion of the land or improvements erected thereon.

6

(d)  Deed.--

7

(1)  The quitclaim deed of conveyance authorized by this

8

section shall contain a right of reverter that can be

9

exercised in the event the Philadelphia Authority for

10

Industrial Development, subject to paragraphs (2) and (3),

11

does not convey to the Philadelphia Regional Port Authority

12

by quitclaim deed its rights, title and interest in at least

13

180 acres of land at the Philadelphia Naval Shipyard

14

simultaneous with or immediately after this conveyance of

15

land, and upon such conveyance to the Philadelphia Regional

16

Port Authority such requirement shall be deemed satisfied and

17

shall be of no further force and effect, and the Philadelphia

18

Regional Port Authority and the Philadelphia Authority for

19

Industrial Development shall execute and record such

20

documents as are necessary and appropriate to confirm the

21

satisfaction of such requirement.

22

(2)  The quitclaim deed of conveyance authorized by this

23

section shall contain a clause that any conveyance from the

24

Philadelphia Authority for Industrial Development to the

25

Philadelphia Regional Port Authority for any portion of the

26

lands to be conveyed herein shall be used for port facility

27

purposes under the act of July 10, 1989 (P.L.291, No.50),

28

known as the Philadelphia Regional Port Authority Act, by the

29

grantee, or its successor in interest.

30

(3)  The quitclaim deed of conveyance authorized by this

- 16 -

 


1

section shall contain a clause requiring that the conveyance

2

of at least 180 acres of land at the Philadelphia Naval

3

Shipyard referred to in paragraph (1) shall contain a right

4

of reverter to the benefit of the Philadelphia Authority for

5

Industrial Development on a portion of such 180 acres of

6

land, such portion being more particularly described as

7

follows, that can be exercised by the Philadelphia Authority

8

for Industrial Development in the event that as of January 1,

9

2016, less than ninety percent of such portion is being used

10

for port facility purposes, under the Philadelphia Regional

11

Port Authority Act, and upon the exercise of such reverter

12

the restriction set forth in paragraph (2) relating to port

13

facility purposes shall be, as to such portion, extinguished

14

and of no further force and effect, and the Philadelphia

15

Regional Port Authority and the Philadelphia Authority for

16

Industrial Development shall execute and record such

17

documents as are necessary and appropriate to confirm the

18

exercise of such reverter and extinguishment, as to such

19

portion, of the restriction set forth in paragraph (2):

20

Beginning at a point near the Bulkhead Line of the

21

Delaware River, as established by the Secretary of War,

22

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

23

of Consolidated Rail Corporation, and Parcel 9, the said

24

point being measured the fourteen (14) following courses and

25

distances from the intersection of the easterly side of Broad

26

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

27

Pattison Avenue (at 120 feet wide):

28

1.  Southwesterly along the easterly side of Broad Street,

29

2,527.57 feet to a point;

30

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

- 17 -

 


1

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

2

or formerly of Consolidated Rail Corporation; (courses 3

3

through 8 along the southerly side of lands now or

4

formerly of Consolidated Rail Corporation);

5

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

6

a drill hole set;

7

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

8

to an iron pin set;

9

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

10

to an iron pin set;

11

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

12

an iron pin set;

13

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

14

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

15

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

16

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

17

from last described point;

18

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

19

to a point; and

20

9.  South 76 degrees 03 minutes 40 seconds East, 5,205.90

21

feet;

22

10.  South 76 degrees 03 minutes 40 seconds East, 938.01 feet

23

to a point near the bulkhead of the Delaware River;

24

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

25

feet;

26

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

27

feet;

28

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

29

feet;

30

14.  South 78 degrees 27 minutes 42 seconds West, 1,247.43

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1

feet to the place of beginning; 

2

Thence from the said point of Beginning, the four (4)

3

following described courses and distances;

4

1.  South 78 degrees 27 minutes 42 seconds West, 741.02 feet;

5

2.  North, 2,241.48 feet;

6

3.  North 89 degrees 29 minutes 47 seconds East, 726.07 feet;

7

4.  South, 2,099.64 feet to the place of beginning.

8

Containing  36.18 acres of land, more or less

9

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

10

referred to under this section shall be made under and subject

11

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

12

documents, that no portion of the parcels shall be used as a

13

licensed facility as defined in 4 Pa.C.S. § 1103 (relating to

14

definitions) or any other similar type of facility authorized

15

under the laws of this Commonwealth. This condition shall be a

16

covenant running with the land and shall be binding upon the

17

deed or lease or sublessees and their respective successors and

18

assigns.

19

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

20

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

21

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

22

Commonwealth of Pennsylvania.

23

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

24

conveyance shall be borne by the grantee.

25

Section 3.  Conveyance to Philadelphia Regional Port Authority,

26

Tract 1, City of Philadelphia.

27

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

28

the approval of the Governor, is hereby authorized and directed

29

on behalf of the Commonwealth of Pennsylvania to grant and

30

convey to the Philadelphia Regional Port Authority, for $1

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1

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

2

Philadelphia described in subsection (b).

3

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

4

subsection (a) consist of 14.90 acres more particularly

5

described as follows:

6

ALL THAT CERTAIN land located in the City of

7

Philadelphia, Commonwealth of Pennsylvania, that is river-

8

bed, a general description based upon paper survey as follows

9

to wit:

10

Beginning at a point the following three (3) courses and

11

distances from the southerly projection of the easterly side

12

of Christopher Columbus Boulevard (formerly Delaware Avenue),

13

located S 14 degrees 30 minutes 00 seconds W at the distance

14

of 3,601.940 feet from the intersection of the southerly side

15

of Packer Avenue (148 feet wide) and the said easterly side

16

of Christopher Columbus Boulevard (250 feet wide);

17

1.  South 75 degrees 30 minutes 00 seconds East along a line

18

distance of 580.759 feet to a point on the Bulkhead Line

19

of The Delaware River approved by The Secretary of War,

20

September 10, 1940; 

21

2.  South 75 degrees 30 minutes 00 seconds East the distance

22

of 438.331 feet to a point on the Pierhead Line of The

23

Delaware River approved by The Secretary of War,

24

September 10, 1940; 

25

3.  South 28 degrees 56 minutes 59.9 seconds West along said

26

Pierhead Line the distance of 568.550 feet to the point

27

of beginning;

28

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

29

following described courses and distances;

30

1.  South 28 degrees 57 minutes 00.3 seconds West, 284.23

- 20 -

 


1

feet;

2

2.  South 76 degrees 32 minutes 43.1 seconds East, 0.900

3

feet; 

4

3.  North 13 degrees 27 minutes 33.5 seconds East, 28.000

5

feet;

6

4.  South 76 degrees 32 minutes 43.1 seconds East, 8.661

7

feet;

8

5.  South 28 degrees 57 minutes 00.3 seconds West, 259.860

9

feet;

10

6.  North 76 degrees 03 minutes 40.00 seconds West, 691.822

11

feet to a point on the bulkhead line;

12

7.  North 76 degrees 03 minutes 40.00 seconds West, 402.307

13

feet;

14

8.  South 13 degrees 39 minutes 14.20 seconds West, 555.583

15

feet;

16

9.  South 75 degrees 58 minutes 58.90 seconds East, 1,245.421

17

feet to the place of beginning;

18

(c)  Easements.--The conveyance shall be made under and

19

subject to all lawful and enforceable easements, servitudes and

20

rights of others, including but not confined to streets,

21

roadways and rights of any telephone, telegraph, water,

22

electric, gas or pipeline companies, as well as under and

23

subject to any lawful and enforceable estates or tenancies

24

vested in third persons appearing of record, for any portion of

25

the land or improvements erected thereon.

26

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

27

that any portion of the lands to be conveyed herein shall be

28

used for port facility purposes under the act of July 10, 1989

29

(P.L.291, No.50), known as the Philadelphia Regional Port

30

Authority Act, by the grantee, or its successor in interest.

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1

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

2

referred to under this section shall be made under and subject

3

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

4

documents, that no portion of the parcels shall be used as a

5

licensed facility as defined in 4 Pa.C.S. § 1103 (relating to

6

definitions) or any other similar type of facility authorized

7

under the laws of this Commonwealth. This condition shall be a

8

covenant running with the land and shall be binding upon the

9

deed or lease or sublessees and their respective successors and

10

assigns.

11

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

12

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

13

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

14

Commonwealth of Pennsylvania.

15

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

16

conveyance shall be borne by the grantee.

17

Section 4.  Conveyance to Philadelphia Regional Port Authority,

18

Tract 2, City of Philadelphia.

19

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

20

the approval of the Governor, is hereby authorized and directed

21

on behalf of the Commonwealth of Pennsylvania to grant and

22

convey to the Philadelphia Regional Port Authority, for $1

23

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

24

Philadelphia described in subsection (b).

25

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

26

subsection (a) consist of 16.82 acres more particularly

27

described as follows:

28

ALL THAT CERTAIN land located in the City of

29

Philadelphia, Commonwealth of Pennsylvania, that is river-

30

bed, a general description based upon paper survey as follows

- 22 -

 


1

to wit:

2

Beginning at a point on the southerly projection of the

3

easterly side of Christopher Columbus Boulevard (formerly

4

Delaware Avenue), located S 14 degrees 30 minutes 00 seconds

5

W at the distance of 3,601.940 feet from the intersection of

6

the southerly side of Packer Avenue (148 feet wide) and the

7

said easterly side of Christopher Columbus Boulevard (250

8

feet wide);

9

Thence from the said point of Beginning, the eight (8)

10

following described courses and distances;

11

1.  South 75 degrees 30 minutes 00 seconds East along a line

12

distance of 580.759 feet to a point on the Bulkhead Line

13

of The Delaware River approved by The Secretary of War,

14

September 10, 1940;

15

2.  South 75 degrees 30 minutes 00 seconds East the distance

16

of 438.331 feet to a point on the Pierhead Line of The

17

Delaware River approved by The Secretary of War,

18

September 10, 1940;

19

3.  South 28 degrees 56 minutes 59.9 seconds West along said

20

Pierhead Line the distance of 568.550 feet to a point;

21

4.  North 75 degrees 58 minutes 58.9 seconds West along the

22

distance of 565.227 feet to a point on the said Bulkhead

23

Line of The Delaware River;

24

5.  North 75 degrees 58 minutes 58.9 seconds West the

25

distance of 680.194 feet to a point on an arc;

26

6.  Thence extending northwardly along said arc curving to

27

the right, having a radius of 4,990.020 feet the arc

28

distance of 137.707 feet (chord bearing of North 13

29

degrees 39 minutes 14.2 seconds East and chord distance

30

of 137.703 feet) to a point;

- 23 -

 


1

7.  North 14 degrees 16 minutes 18.1 seconds East, 423.379

2

feet ; 

3

8.  South 75 degrees 30 minutes 00 seconds East, partially

4

crossing the southerly dead end of a certain 50 feet Wide

5

Easement the distance of 371.880 feet to the first

6

mentioned point and place of beginning.

7

(c)  Easements.--The conveyance shall be made under and

8

subject to all lawful and enforceable easements, servitudes and

9

rights of others, including but not confined to streets,

10

roadways and rights of any telephone, telegraph, water,

11

electric, gas or pipeline companies, as well as under and

12

subject to any lawful and enforceable estates or tenancies

13

vested in third persons appearing of record, for any portion of

14

the land or improvements erected thereon.

15

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

16

that any portion of the lands to be conveyed herein shall be

17

used for port facility purposes under the act of July 10, 1989

18

(P.L.291, No.50), known as the Philadelphia Regional Port

19

Authority Act, by the grantee, or its successor in interest.

20

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

21

referred to under this section shall be made under and subject

22

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

23

documents, that no portion of the parcels shall be used as a

24

licensed facility as defined in 4 Pa.C.S. § 1103 (relating to

25

definitions) or any other similar type of facility authorized

26

under the laws of this Commonwealth. This condition shall be a

27

covenant running with the land and shall be binding upon the

28

deed or lease or sublessees and their respective successors and

29

assigns.

30

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

- 24 -

 


1

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

2

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

3

Commonwealth of Pennsylvania.

4

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

5

conveyance shall be borne by the grantee.

6

Section 5.  Conveyance to Philadelphia Authority for Industrial

7

Development, Tract 3, City of Philadelphia.

8

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

9

the approval of the Governor, is hereby authorized and directed

10

on behalf of the Commonwealth of Pennsylvania to quitclaim to

11

the Philadelphia Authority for Industrial Development for $1 any

12

interest it may have in certain lands situate in the 39th Ward

13

of the City of Philadelphia described in subsection (b). The

14

quitclaim conveyance of this interest excludes the interests

15

described in sections 1 and 2 and the area of land conveyed by

16

the act of February 4, 2004 (P.L.45, No.4), entitled "An act

17

authorizing and directing the Department of General Services,

18

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

19

Philadelphia Regional Port Authority certain lands situate in

20

the 39th Ward of the City of Philadelphia; and authorizing the

21

Department of General Services, with concurrence of the

22

Department of Environmental Protection, to lease to Isle of

23

Capri Associates land within the bed of the Delaware River in

24

the City of Philadelphia," and is authorized to resolve all

25

questions of ownership of fast land and riparian rights at the

26

Philadelphia Naval Shipyard.

27

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

28

subsection (a) consists of any acreage conveyed via quitclaim

29

deeds between the United States of America as grantor and

30

Philadelphia Authority for Industrial Development as grantee as

- 25 -

 


1

identified below with the exception of the parcels described in

2

sections 1 and 2 and the area of land conveyed by the act of

3

February 4, 2004 (P.L.45, No.4) (commonly known as parcel 9a):

4

5

Parcel

Recording Date

  

Document ID

6

7

Parcel 2

3/31/2000

50058407

8

9

Parcel 3

3/31/2000

50058408

10

11

Parcel 3A

12/31/2001

50381752

12

13

Parcel 3

Amended 11/30/2001

50366752

14

15

Parcel 4

3/31/2000

50058409

16

17

Parcel 5

3/31/2000

50058410

18

19

Parcel 5A/B

11/30/2001

50366751

20

21

Parcel 6

3/31/2000

50058411

22

23

Parcel 7

3/31/2000

50058412

24

25

Parcel 8

3/31/2000

50058413

26

27

Parcel 9/9A

3/31/2000

50058414

28

29

Parcel 10

3/31/2000

50058415

30

(c)  Easements.-- The quitclaim conveyance shall be made

- 26 -

 


1

under and subject to all lawful and enforceable easements,

2

servitudes and rights of others, all as may appear of record,

3

including but not confined to streets, roadways and rights of

4

any telephone, telegraph, water, electric, gas or pipeline

5

companies, as well as under and subject to any lawful and

6

enforceable estates or tenancies vested in third persons, all as

7

may appear of record, for any portion of the land or

8

improvements erected thereon.

9

(d)  Deed execution.--The quitclaim deed authorized by this

10

section shall be approved as provided by law and shall be

11

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

12

Commonwealth of Pennsylvania.

13

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

14

conveyance shall be borne by the grantee.

15

Section 3 6.  Effective date.

<--

16

This act shall take effect immediately.

- 27 -