H1945B3537A07773 BIL:SRA 06/17/14 #90 A07773

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1945

Sponsor: SENATOR SMUCKER

Printer's No. 3537

 

1Amend Bill, page 1, line 28, by striking out "and"

2Amend Bill, page 1, line 32, by striking out the period after
3"County" and inserting

4; authorizing the Department of General Services, with the 
5approval of the Pennsylvania Historical and Museum Commission 
6and the Governor, to grant and convey to Fort LeBoeuf 
7Historical Society, certain lands situate in the Borough of 
8Waterford, Erie County; authorizing and directing the 
9Department of General Services, with the approval of 
10Millersville University of Pennsylvania of the State System 
11of Higher Education and the Governor, to grant and convey to 
12Penn Manor School District certain lands situate in the 
13Borough of Millersville, Lancaster County, and further 
14authorizing and directing the Department of General Services 
15to accept, in exchange, a conveyance of certain lands situate 
16in the Borough of Millersville, Lancaster County, from the 
17Penn Manor School District; authorizing the Department of 
18General Services, with the approval of the Governor, to 
19remove and release the restrictive use and reversionary 
20covenants imposed on certain real property situate in the 
21City of Scranton, Lackawanna County; partially removing and 
22releasing restrictive use covenants on certain lands situate 
23in Benner Township, Centre County; and authorizing the 
24Department of General Services, with the approval of the 
25Attorney General and the concurrence of the Department of 
26Environmental Protection, to lease to Philadelphia Waterfront 
27Partners, LP, land within the bed of the Delaware River 
28within the City of Philadelphia.

29Amend Bill, page 9, lines 8 through 10, by striking out 
30"Following receipt of the plan, the General Assembly may" in 
31line 8 and all of lines 9 and 10

32Amend Bill, page 9, by inserting between lines 13 and 14

33(g) Relocation.--The Department of General Services shall

1prepare other facilities to receive Commonwealth employees who
2will be displaced by the sale of the property.

3(h) Conveyance.--Following the receipt of the plan under
4subsection (e), the General Assembly shall convey the property
5described in subsection (b) within 18 legislative days. The
6General Assembly may add additional conditions or amendments to
7specific parcel transfers and other conditions as appropriate.

8Amend Bill, page 9, line 18, by striking out "Development 
9Corporation" and inserting

10 Development, Inc.

11Amend Bill, page 26, by inserting between lines 10 and 11

12Section 8.  Conveyance of Washington Monument Park in Borough of
13Waterford, Erie County.

14(a) Authorization.--The Department of General Services, with
15the approval of the Pennsylvania Historical and Museum
16Commission and the Governor, is hereby authorized on behalf of
17the Commonwealth of Pennsylvania to grant and convey to the Fort
18LeBoeuf Historical Society certain lands and any improvements
19thereon described in subsection (b), the property being known
20locally as the Washington Monument Park, situate in the Borough
21of Waterford, Erie County, for $1.

22(b) Description of property.--The property to be conveyed
23pursuant to this section consists of approximately 0.104-acres,
24including any improvements located thereon, more particularly
25described as follows:

26Tract 1

27ALL THAT CERTAIN piece or parcel of land situate in the
28Borough of Waterford, County of Erie, and Commonwealth of
29Pennsylvania, bounded and described as follows, to wit:

30BEGINNING at a point fifty (50) feet west of the west line of
31High Street and twenty (20) feet north of the north line of
32First Alley; thence southwardly, parallel with High Street, four
33(4) feet and eight (8) inches to a point; thence eastwardly and
34parallel with First Alley, four (4) feet and eight (8) inches to
35a point; thence northerly and parallel with High Street, four
36(4) feet and eight (8) inches to a point; thence westwardly,
37parallel with First Alley, four (4) feet and eight (8) inches to
38the place of BEGINNING.

39BEING the same property conveyed to the Commonwealth of
40Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
41American Colonists, by deed dated April 11, 1945, and recorded
42in Erie County Deed Book No. 454, Page 396.

43Tract 2

44ALL THAT CERTAIN piece or lot of land situated in the Borough
45of Waterford, in the County of Erie, and Commonwealth of
46Pennsylvania, bounded and described as follows, to wit:

47COMMENCING at the southeast corner of what is N/F known as

1the Eagle Hotel Lot on High Street; thence westwardly along
2same, eighty-two and one-half (82 1/2) feet; thence southwardly
3along said lot and parallel with High Street, fifty-five (55)
4feet to First Alley; thence eastwardly, eighty-two and one-half
5(82 1/2) feet to High Street; thence along High Street
6northwardly, fifty-five (55) feet to the PLACE OF BEGINNING.

7BEING the same property conveyed to the Commonwealth of
8Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
9American Colonists, by deed dated August 16, 1950, and recorded
10in Erie County in Deed Book 573, Page 131.

11EXCEPTING THEREFROM, however, a piece of land four (4) feet
12and eight (8) inches square, heretofore conveyed by the Fort
13LeBoeuf Chapter, Daughters of the American Colonists, to the
14Commonwealth of Pennsylvania, by deed dated April 11, 1945, and
15recorded in Deed Book 454, Page 396.

16Being Parcel ID #46-9-57-2

17(c) Conditions.--The conveyance shall be made under and
18subject to all lawful and enforceable easements, servitudes and
19rights of others, including, but not confined to, streets,
20roadways and rights of any telephone, telegraph, water,
21electric, gas or pipeline companies, as well as under and
22subject to any lawful and enforceable estates or tenancies
23vested in third persons appearing of record, for any portion of
24the land or improvements erected thereon.

25(d) Gaming restriction.--Any conveyance authorized under
26this section shall be made under and subject to the condition,
27which shall be contained in the deed of conveyance, that no
28portion of the property conveyed shall be used as a licensed
29facility, as defined in 4 Pa.C.S. § 1103 (relating to
30definitions), or any other similar type of facility authorized
31under State law. The condition shall be a covenant running with
32the land and shall be binding upon the grantee and its
33successors. Should the grantee, or its successors, permit any
34portion of the property authorized to be conveyed in this
35section to be used in violation of this subsection, the title
36shall immediately revert to and revest in the grantor.

37(e) Restrictive covenant.--The following restrictive
38covenants shall be included in the deed of conveyance:

39Declaration of Covenants

40Washington Monument Park

41Borough of Waterford, Erie County, Pennsylvania

42(1) Covenants.

43(a) The deed of transfer of this property, which
44property shall hereinafter be described in this
45agreement as "Washington Monument Park," shall
46contain the following language: "Fort LeBoeuf
47Historical Society and its successors, (hereafter
48referred to as "FLHS") covenants and agrees to assume
49responsibility for the maintenance, preservation, and
50administration of the property in a manner that is
51satisfactory to the Pennsylvania Historical and

1Museum Commission ("Commission") for a demonstrable
2public benefit in perpetuity; under and subject to
3the condition that the buildings and lands conveyed
4herein shall be accessible to the public."

5(b)  The provisions of these covenants, hereinafter
6expressed as covenants running with the land, are
7herein set forth so as to ensure the maintenance and
8preservation of the qualities, natural resources and
9historical characteristics of Washington Monument
10Park.

11(2)  Standards for Historic Preservation.

12(a)  Washington Monument Park shall be maintained and
13preserved in accordance with the Secretary of the
14Interior's Standards for the Treatment of Historic
15Properties.

16(b)  No construction, alteration, rehabilitation,
17remodeling, demolition, site development, ground
18disturbance, or other action shall be undertaken or
19permitted to said property without the prior written
20permission from the Commission.

21(c)  Prior to the commencement of work, FLHS agrees to
22notify, in writing, the Commission of all such work
23on said property in advance.

24(d)  The Commission will be given forty-five (45) days
25from receipt of the notice (sent via certified mail)
26to review and approve in writing the appropriateness
27of said work. If no response is provided within
28forty-five (45) days, consent shall be implied.

29(3)  Requirements and Standards for Archaeological
30Investigation.

31(a)  For work that involves ground disturbance, the
32Commission may require archaeological investigation,
33for which FLHS shall have financial responsibility.

34(b)  In the event that archaeological materials are
35discovered during ground-disturbing activities, work
36shall temporarily cease, and the Commission shall be
37consulted for instructions prior to proceeding with
38the work.

39(c)  Any archaeological work shall be conducted in
40accordance with the Secretary of the Interior's
41Standards and Guidelines for Archaeological
42Documentation (48FR 447344-37) and any such standards
43and guidelines as the Commission may specify.

44(4)  Access.

45FLHS shall allow the Commission, at all reasonable times
46and upon reasonable advance notice to FLHS, access to
47inspect said property to ensure compliance with this
48preservation covenant.

49(5)  Right of Reverter.

50(a)  The deed of conveyance shall contain a clause that
51the title to the property shall immediately revert to

1and revest in the Commonwealth should FLHS sell or
2transfer the property or permit the property to be
3used for any purpose other than as a museum, or
4related business and/or curatorial offices, for any
5length of time.

6(b)  FLHS may petition the Commission for a waiver of
7this provision if a proposed usage would meet the
8spirit of this agreement.

9(c)  The Commission must specifically approve any waiver
10of this provision.

11(6)  Binding in Perpetuity.

12(a)  This covenant is binding on FLHS and its successors
13in perpetuity.

14(b)  This covenant shall be binding servitude upon the
15property and shall be deemed to run with the land.

16(c)  Execution of this covenant shall constitute evidence
17that FLHS agrees to be bound by the foregoing
18conditions and restrictions and to perform the
19obligations herein set forth.

20(f) Deed of conveyance.--The deed of conveyance shall be
21executed by the Secretary of General Services in the name of the
22Commonwealth of Pennsylvania.

23(g) Costs and fees.--Costs and fees incidental to this
24conveyance shall be borne by the grantee.

25(h) Expiration.--In the event that the conveyance is not
26effectuated within one year of the effective date of this
27section, the authority contained in this section shall expire.

28Section 9.  Conveyance of Fort LeBoeuf Museum in Borough of
29Waterford, Erie County.

30(a) Authorization.--The Department of General Services, with
31the approval of the Pennsylvania Historical and Museum
32Commission and the Governor, is hereby authorized on behalf of
33the Commonwealth of Pennsylvania to grant and convey to the Fort
34LeBoeuf Historical Society certain lands and any improvements
35thereon described in subsection (b), the property being known
36locally as the Fort LeBoeuf Museum situate in the Borough of
37Waterford, Erie County, for $1.

38(b) Description of property.--The property to be conveyed
39pursuant to this section consists of approximately 1.17-acres,
40including any improvements located thereon, more particularly
41described as follows:

42ALL THAT CERTAIN piece or parcel of land situate in the
43Borough of Waterford, Erie County, Pennsylvania, being a
44rectangle 155 feet by 330 feet, on the east side of High Street
45(Route #19), bounded by First Alley, Cherry Street (unopened)
46and Water Street (unopened).

47BEING the same piece or parcel of land acquired by the
48Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
49filed in the Office of the Prothonotary of the Court of Common
50Pleas of Erie County on September 30, 1968, at No. 2782 A Term
511968, with a notice of the Declaration of Taking recorded at the

1Office of the Recorder of Deeds of Erie County at Book 990, Page
284.

3BEING Parcel ID #46-9-58-4.

4(c) Conditions.--The conveyance shall be made under and
5subject to all lawful and enforceable easements, servitudes and
6rights of others, including, but not confined to, streets,
7roadways and rights of any telephone, telegraph, water,
8electric, gas or pipeline companies, as well as under and
9subject to any lawful and enforceable estates or tenancies
10vested in third persons appearing of record, for any portion of
11the land or improvements erected thereon.

12(d) Gaming restriction.--Any conveyance authorized under
13this section shall be made under and subject to the condition,
14which shall be contained in the deed of conveyance, that no
15portion of the property conveyed shall be used as a licensed
16facility, as defined in 4 Pa.C.S. § 1103 (relating to
17definitions), or any other similar type of facility authorized
18under State law. The condition shall be a covenant running with
19the land and shall be binding upon the grantee and its
20successors. Should the grantee, or its successors, permit any
21portion of the property authorized to be conveyed in this
22section to be used in violation of this subsection, the title
23shall immediately revert to and revest in the grantor.

24(e) Restrictive covenant.--The following restrictive
25covenants shall be included in the deed of conveyance:

26Declaration of Covenants

27Fort LeBoeuf Museum

28Borough of Waterford, Erie County, Pennsylvania

29(1)  Covenants.

30(a)  The deed of transfer of this property, which
31property shall hereinafter be described in this
32agreement as "Fort LeBoeuf Museum," shall contain the
33following language: "Fort LeBoeuf Historical Society
34and its successors, (hereafter referred to as "FLHS")
35covenants and agrees to assume responsibility for the
36maintenance, preservation, and administration of the
37property in a manner that is satisfactory to the
38Pennsylvania Historical and Museum Commission
39("Commission") for a demonstrable public benefit in
40perpetuity; under and subject to the condition that
41the buildings and lands conveyed herein shall be
42accessible to the public."

43(b)  The provisions of these covenants, hereinafter
44expressed as covenants running with the land, are
45herein set forth so as to ensure the maintenance and
46preservation of the qualities, natural resources and
47historical characteristics of Fort LeBoeuf Museum.

48(2)  Standards for Historic Preservation.

49(a)  Fort LeBoeuf Museum shall be maintained and
50preserved in accordance with the Secretary of the
51Interior's Standards for the Treatment of Historic

1Properties.

2(b)  No construction, alteration, rehabilitation,
3remodeling, demolition, site development, ground
4disturbance, or other action shall be undertaken or
5permitted to said property without the prior written
6permission from the Commission.

7(c)  Prior to the commencement of work, FLHS agrees to
8notify, in writing, the Commission of all such work
9on said property in advance.

10(d)  The Commission will be given forty-five (45) days
11from receipt of the notice (sent via certified mail)
12to review and approve in writing the appropriateness
13of said work. If no response is provided within
14forty-five (45) days, consent shall be implied.

15(3)  Requirements and Standards for Archaeological
16Investigation.

17(a)  For work that involves ground disturbance, the
18Commission may require archaeological investigation,
19for which FLHS shall have financial responsibility.

20(b)  In the event that archaeological materials are
21discovered during ground-disturbing activities, work
22shall temporarily cease, and the Commission shall be
23consulted for instructions prior to proceeding with
24the work.

25(c)  Any archaeological work shall be conducted in
26accordance with the Secretary of the Interior's
27Standards and Guidelines for Archaeological
28Documentation (48FR 447344-37) and any such standards
29and guidelines as the Commission may specify.

30(4)  Access.

31FLHS shall allow the Commission, at all reasonable times
32and upon reasonable advance notice to FLHS, access to
33inspect said property to ensure compliance with this
34preservation covenant.

35(5)  Right of Reverter.

36(a)  The deed of conveyance shall contain a clause that
37the title to the property shall immediately revert to
38and revest in the Commonwealth should FLHS sell or
39transfer the property or permit the property to be
40used for any purpose other than as a museum, or
41related business and/or curatorial offices, for any
42length of time.

43(b)  FLHS may petition the Commission for a waiver of
44this provision if a proposed usage would meet the
45spirit of this agreement.

46(c)  The Commission must specifically approve any waiver
47of this provision.

48(6)  Binding in Perpetuity.

49(a)  This covenant is binding on FLHS and its successors
50in perpetuity.

51(b)  This covenant shall be binding servitude upon the

1property and shall be deemed to run with the land.

2(c)  Execution of this covenant shall constitute evidence
3that FLHS agrees to be bound by the foregoing
4conditions and restrictions and to perform the
5obligations herein set forth.

6(f) Deed of conveyance.--The deed of conveyance shall be
7executed by the Secretary of General Services in the name of the
8Commonwealth of Pennsylvania.

9(g) Costs and fees.--Costs and fees incidental to this
10conveyance shall be borne by the grantee.

11(h) Expiration.--In the event that the conveyance is not
12effectuated within one year of the effective date of this
13section, the authority contained in this section shall expire.

14Section 10.  Conveyance of Judson House in Borough of Waterford,
15Erie County.

16(a) Authorization.--The Department of General Services, with
17the approval of the Pennsylvania Historical and Museum
18Commission and the Governor, is hereby authorized on behalf of
19the Commonwealth of Pennsylvania to grant and convey to the Fort
20LeBoeuf Historical Society certain lands and any improvements
21thereon described in subsection (b), the property being known
22locally as the Judson House situate in the Borough of Waterford,
23Erie County, for $1.

24(b) Description of property.--The property to be conveyed
25pursuant to this section consists of approximately 0.5871-acres,
26including any improvements located thereon, more particularly
27described as follows:

28Tract 1

29ALL THAT CERTAIN piece or parcel of land situate in the
30Borough of Waterford, County of Erie and Commonwealth of
31Pennsylvania, being Lots Nos. Seven (7) and Eight (8) of
32Garrison Lots in said Borough.

33The said lots are situate at the southeast intersection of
34High Street and First Street, in said Borough, and front for a
35distance of 105 feet on the south side of First Street and
36extends southerly therefrom a distance of 155 feet on the east
37side of High Street.

38Excepting and reserving however, from the above described
39land all that easterly portion consisting of a 60 foot frontage
40on First Street and extending to a depth of 155 feet therefrom
41in a southerly direction.

42BEING the same piece or parcel of land conveyed to the
43Commonwealth of Pennsylvania, from Frank R. Johnston, et al, by
44deed dated July 8, 1949, and recorded in Erie County Deed Book
45542, Page 549.

46Tract 2

47ALL THAT CERTAIN piece or parcel of land situate in the
48Borough of Waterford, County of Erie and Commonwealth of
49Pennsylvania, being the east sixty (60) feet fronting on the
50southerly side of First Street to an alley, and extending
51southwardly at a uniform depth of one hundred fifty-five (155)

1feet, of lots Nos. 7 and 8 of the Garrison Lots in the Borough
2of Waterford, more fully bounded and described as follows, to
3wit:

4BEGINNING at a point in the south line of First Street, one
5hundred five (105) feet eastwardly from the point of
6intersection of the south line of First Street with the east
7line of High Street; thence southwardly parallel with the east
8line of High Street, one hundred and fifty-five (155) feet, more
9or less, to the north line of an alley; thence eastwardly along
10the north line of said alley, and parallel with the south line
11of First Street, sixty (60) feet to a point; thence northwardly
12parallel with the east line of High Street, one hundred and
13fifty-five (155) feet, more or less, to the south line of First
14Street; and thence westwardly along the south line of First
15Street, sixty (60) feet to the place of BEGINNING.

16BEING the same piece or parcel of land conveyed to the
17Commonwealth of Pennsylvania, from Miriam Kuhns, unmarried, and
18Cynthia Ensworth, widow, by deed dated March 21, 1950, and
19recorded in Erie County Deed Book 560, Page 348.

20BEING Parcel ID #46-9-58-1.

21(c) Conditions.--The conveyance shall be made under and
22subject to all lawful and enforceable easements, servitudes and
23rights of others, including, but not confined to, streets,
24roadways and rights of any telephone, telegraph, water,
25electric, gas or pipeline companies, as well as under and
26subject to any lawful and enforceable estates or tenancies
27vested in third persons appearing of record, for any portion of
28the land or improvements erected thereon.

29(d) Gaming restriction.--Any conveyance authorized under
30this section shall be made under and subject to the condition,
31which shall be contained in the deed of conveyance, that no
32portion of the property conveyed shall be used as a licensed
33facility, as defined in 4 Pa.C.S. § 1103 (relating to
34definitions), or any other similar type of facility authorized
35under State law. The condition shall be a covenant running with
36the land and shall be binding upon the grantee and its
37successors. Should the grantee, or its successors, permit any
38portion of the property authorized to be conveyed in this
39section to be used in violation of this subsection, the title
40shall immediately revert to and revest in the grantor.

41(e) Restrictive covenant.--The following restrictive
42covenants shall be included in the deed of conveyance:

43Declaration of Covenants

44Judson House

45Borough of Waterford, Erie County, Pennsylvania

46(1)  Covenants.

47(a)  The deed of transfer of this property, which
48property shall hereinafter be described in this
49agreement as "Judson House," shall contain the
50following language: "Fort LeBoeuf Historical Society
51and its successors, (hereafter referred to as "FLHS")

1covenants and agrees to assume responsibility for the
2maintenance, preservation, and administration of the
3property in a manner that is satisfactory to the
4Pennsylvania Historical and Museum Commission
5("Commission") for a demonstrable public benefit in
6perpetuity; under and subject to the condition that
7the buildings and lands conveyed herein shall be
8accessible to the public."

9(b)  The provisions of these covenants, hereinafter
10expressed as covenants running with the land, are
11herein set forth so as to ensure the maintenance and
12preservation of the qualities, natural resources and
13historical characteristics of Judson House.

14(2)  Standards for Historic Preservation.

15(a)  Judson House shall be maintained and preserved in
16accordance with the Secretary of the Interior's
17Standards for the Treatment of Historic Properties.

18(b)  No construction, alteration, rehabilitation,
19remodeling, demolition, site development, ground
20disturbance, or other action shall be undertaken or
21permitted to said property without the prior written
22permission from the Commission.

23(c)  Prior to the commencement of work, FLHS agrees to
24notify, in writing, the Commission of all such work
25on said property in advance.

26(d)  The Commission will be given forty-five (45) days
27from receipt of the notice (sent via certified mail)
28to review and approve in writing the appropriateness
29of said work. If no response is provided within
30forty-five (45) days, consent shall be implied.

31(3)  Requirements and Standards for Archaeological
32Investigation.

33(a)  For work that involves ground disturbance, the
34Commission may require archaeological investigation,
35for which FLHS shall have financial responsibility.

36(b)  In the event that archaeological materials are
37discovered during ground-disturbing activities, work
38shall temporarily cease, and the Commission shall be
39consulted for instructions prior to proceeding with
40the work.

41(c)  Any archaeological work shall be conducted in
42accordance with the Secretary of the Interior's
43Standards and Guidelines for Archaeological
44Documentation (48FR 447344-37) and any such standards
45and guidelines as the Commission may specify.

46(4)  Access.

47FLHS shall allow the Commission, at all reasonable times
48and upon reasonable advance notice to FLHS, access to
49inspect said property to ensure compliance with this
50preservation covenant.

51(5)  Right of Reverter.

1(a)  The deed of conveyance shall contain a clause that
2the title to the property shall immediately revert to
3and revest in the Commonwealth should FLHS sell or
4transfer the property or permit the property to be
5used for any purpose other than as a museum, or
6related business and/or curatorial offices, for any
7length of time.

8(b)  FLHS may petition the Commission for a waiver of
9this provision if a proposed usage would meet the
10spirit of this agreement.

11(c)  The Commission must specifically approve any waiver
12of this provision.

13(6)  Binding in Perpetuity.

14(a)  This covenant is binding on FLHS and its successors
15in perpetuity.

16(b)  This covenant shall be binding servitude upon the
17property and shall be deemed to run with the land.

18(c)  Execution of this covenant shall constitute evidence
19that FLHS agrees to be bound by the foregoing
20conditions and restrictions and to perform the
21obligations herein set forth.

22(f) Deed of conveyance.--The deed of conveyance shall be by
23Special Warranty Deed and shall be executed by the Secretary of
24General Services in the name of the Commonwealth of
25Pennsylvania.

26(g) Costs and fees.--Costs and fees incidental to this
27conveyance shall be borne by the grantee.

28(h) Expiration.--In the event that the conveyance is not
29effectuated within one year of the effective date of this
30section, the authority contained in this section shall expire.

31Section 11. Conveyance in Borough of Millersville, Lancaster
32County.

33(a) Authorization.--The Department of General Services, with
34the approval of Millersville University of Pennsylvania of the
35State System of Higher Education and the Governor, is hereby
36authorized and directed on behalf of the Commonwealth of
37Pennsylvania to grant and convey to Penn Manor School District
38certain land and improvements thereon situate in the Borough of
39Millersville, Lancaster County, and is further authorized and
40directed on behalf of the Commonwealth of Pennsylvania to accept
41in exchange certain land and improvements thereon to be conveyed
42by the Penn Manor School District to the Commonwealth of
43Pennsylvania, acting by and through the Department of General
44Services, and to add the same to the existing lands of the
45Commonwealth of Pennsylvania at Millersville University of
46Pennsylvania.

47(b) Property to be conveyed to Penn Manor School District.--
48The property to be conveyed to Penn Manor School District
49pursuant to subsection (a) consists of approximately 0.890-acres
50of land and improvements thereon bounded and more particularly
51described as follows:

1All that certain tract of land tract of land situate
2southwest of Circle Drive in the Borough of Millersville,
3Lancaster County, Pennsylvania shown as "Area B" on the Layout
4Plan Subdivision/Lot Add-On Plan for Millersville University
5prepared by RETTEW Associates, Inc. drawing number 015372001,
6dated February 2012, and being more fully bounded and described
7below:

8BEGINNING AT A POINT the easternmost corner of the herein
9described tract, said point being the southeast corner of lands,
10now or formerly, of Penn Manor School District; thence extending
11in and through lands, now or formerly, of The General State
12Authority the following three (3) courses and distances: 1)
13South 57° 23' 34" West, a distance of 105.181' to an iron pin to
14be set; 2) South 66° 32' 49" West, a distance of 395.148' to an
15iron pin to be set; and 3) North 63° 31' 42" West, a distance of
16180.821' to an iron pin to be set along lands, now or formerly,
17of Penn Manor School District; thence along the same North 77°
1843' 38" East, a distance of 627.305' to the POINT AND place of 
19beginning.

20CONTAINING 0.8907 acres of land, more or less.

21(c) Property to be conveyed to the Commonwealth.--The land
22to be accepted in the name of the Commonwealth of Pennsylvania,
23acting by and through the Department of General Services
24pursuant to subsection (a) consists of approximately 2.328 acres
25of land and improvements thereon and is bounded and more
26particularly described as follows:

27ALL THAT CERTAIN tract of land situate southwest of Circle Drive
28in the Borough of Millersville, Lancaster County, Pennsylvania
29shown as "Area A" on the Layout Plan Subdivision/Lot Add On Plan
30for Millersville University prepared by RETTEW Associates, Inc.
31drawing number 015372001, dated February 2012, and being more
32fully bounded and described below:

33BEGINNING AT A POINT, the northeast corner of the herein
34described tract, said point being a corner of lands, now or
35formerly, of Penn Manor School District; thence along lands, now
36or formerly, of Ted E. and Diane T. Silar, South 24° 12' 04"
37East, a distance of 400.74' to an iron pin to be set, a corner
38of Area A; thence along the same South 77° 04' 29" West, a
39distance of 265.01' to an iron pin to be set along lands, now or
40formerly, of The General State Authority; thence along the same
41North 23° 37' 37" West, a distance of 384.77' to a point, a
42corner of lands, now or formerly, of Penn Manor School District;
43thence along the same North 73° 45' 55" East, a distance of
44258.53' to a point, a corner of lands, now or formerly, of Ted
45E. and Diane T. Silar; the POINT AND PLACE OF BEGINNING.

46CONTAINING 2.328 acres of land.

47(d) Easements.--The conveyances shall be made under and
48subject to all lawful and enforceable easements, servitudes and
49rights of others, including but not confined to streets,
50roadways and rights of any telephone, telegraph, water,
51electric, gas or pipeline companies, as well as under and

1subject to any lawful and enforceable estates or tenancies
2vested in third persons appearing of record, for any portion of
3the land or improvements erected thereon.

4(e) Deeds.--

5(1) The deed of conveyance for the property to be
6conveyed to Penn Manor School District by the Department of
7General Services pursuant to subsection (a) shall be a
8special warranty deed and shall be executed by the Secretary
9of General Services in the name of the Commonwealth of
10Pennsylvania.

11(2) The deed of conveyance for the property to be
12conveyed to the Commonwealth of Pennsylvania, acting by and
13through the Department of General Services, by Penn Manor
14School District pursuant to subsection (a) shall be a special
15warranty deed and shall be executed by the appropriate
16officers of the school district.

17(f) Authority granted to Secretary of General Services.--The
18Secretary of General Services is hereby authorized to grant or
19reserve any easements on Commonwealth-owned real property at
20Millersville University of Pennsylvania as may be necessary to
21effectuate the purposes of this section or to otherwise protect
22the interests of the Commonwealth.

23(g) Costs.--The costs and fees incidental to the conveyances
24hereby authorized shall be borne equally by the Penn Manor
25School District and Millersville University of Pennsylvania of
26the State System of Higher Education.

27Section 12. Release of restrictive use and reversionary
28covenants in City of Scranton, Lackawanna County.

29(a) Authorization.--The Department of General Services, with
30the approval of the Governor, is hereby authorized on behalf of
31the Commonwealth to remove and release the restrictive use and
32reversionary covenants imposed on certain real property conveyed
33to Scranton Primary Health Care Center, Inc., by the Department
34of General Services pursuant to the authority contained in the
35act of February 14, 1980 (P.L.9, No.6), entitled "Authorizing
36and directing the Department of General Services, with the
37approval of the Governor, to convey to the Scranton Primary
38Health Care Center, Inc., a certain parcel of land together with
39a building erected thereon, situate in the City of Scranton,
40County of Lackawanna, Pennsylvania," on such terms, conditions
41and for consideration to be established in a legally binding
42agreement acceptable to the Secretary of General Services.

43(b) Property description.--The restrictions to be released
44pursuant to subsection (a) are on a tract of land totaling
45approximately 0.50-acres, more particularly described as
46follows:

47All that certain lot, piece or parcel of land, situate in the
48City of Scranton, Lackawanna County, described as follows:

49Lots Number Twenty-three (23) and Twenty-four (24) in Square
50or Block Number Two Hundred Twenty-six (226) and situate upon a
51street called and known as Wyoming Avenue upon the plot of

1Scranton, intended to be duly registered and recorded, said lots
2being together eighty (80) feet in front and one hundred sixty-
3seven (167) feet in depth; and rectangular with an alley in the
4rear sixteen (16) feet wide for public use.

5Containing approximately 0.50-acres of land.

6Being the same property conveyed to Scranton Primary Health
7Care Center, Inc., by the Commonwealth of Pennsylvania, acting
8by and through the Department of General Services, by its deed,
9dated August 1, 1980, and recorded in the Recorder of Deeds of
10Lackawanna County at Deed Book 228, Page 570 through Page 573.

11(c) Form of release.--Any legal instruments necessary to
12remove and release the restrictive use and reversionary
13covenants shall be executed by the Secretary of General Services
14in the name of the Commonwealth.

15(d) Costs.--Any costs and fees incidental to the removal of
16the restrictive use and reversionary covenants shall be borne by
17the Grantee.

18(e) Proceeds.--Proceeds received by the Department of
19General Services for the release of the restrictive use and
20reversionary covenants shall be deposited into the General Fund.

21Section 13. Partial removal and release of restrictive use
22covenants in Benner Township, Centre County.

23(a) Authorization.--The Department of General Services, with
24the approval of the Governor, is hereby authorized on behalf of
25the Commonwealth of Pennsylvania to partially remove and release
26the restrictive covenants as to sole use for passive
27recreational open space, but not as to that portion of the
28restrictive covenants relating to the benefit of the public at
29large, and to remove and release the restrictive covenant as to
30the conveyance and recordation of a perpetual conservation
31easement, under terms, conditions and for consideration
32acceptable to the Department of General Services, imposed on
33certain real property in Benner Township, Centre County,
34conveyed to Benner Township by the Department of General
35Services pursuant to the authority contained in section 2(d) of
36the act of July 9, 2010 (P.L.401, No.55), entitled "An act
37authorizing the Department of General Services, with the
38approval of the Governor, to grant and convey to The
39Pennsylvania State University, certain lands situate in Benner
40Township, Centre County; authorizing the Department of General
41Services, with the approval of the Governor, to grant and convey
42to Benner Township, certain lands situate in Benner Township,
43Centre County; authorizing the Department of General Services,
44with the approval of the Governor, to grant and convey to the
45Pennsylvania Fish and Boat Commission, certain lands situate in
46Benner Township, Centre County; and authorizing the Department
47of General Services, with the approval of the Governor, to grant
48and convey to the Pennsylvania Game Commission, certain lands
49situate in Benner Township, Centre County," upon the terms and
50conditions and for consideration acceptable to the Department of
51General Services.

1(b) Property description.--The restrictions to be partially
2removed and released pursuant to subsection (a) are on two
3tracts of land totaling approximately 5.0000 acres and 13.6033
4acres, respectively, of land, gross area, more particularly
5described as follows:

6PARCEL BENNER A

7ALL THAT CERTAIN PARCEL or tract of land in Benner Township,
8Centre County, Pennsylvania identified as "PARCEL BENNER A" on
9plans prepared by Sweetland Engineering and Associates, Inc.,
10more fully bounded and described as follows:

11Beginning at a point in the centerline of Rock Road, Benner
12Township Road T-376, at the common southwestern corner of
13"Parcel PGC A" and the northwestern corner of the herein
14described parcel, said point having coordinates referenced to
15the Pennsylvania State Plane Coordinate System North Zone, North
16American Datum of 1983 of Northing 249820.5919 and Easting
171947763.3680;

18Thence along "Parcel Benner A" the following three (3) courses:

191. N 24-17-11 E a distance of 16.50 feet to a point; Thence

202. N 17-58-42 E a distance of 342.76 feet to a point; Thence

213. S 68-49-38 E a distance of 572.82 feet to a point;

22Thence along "Parcel DGS\DOC A" S 17-44-53 W a distance of
23420.75 feet to a point;

24Thence along the centerline of Rock Road the following two (2)
25courses:

261. N 57-27-33 W a distance of 206.98 feet to a point; Thence

272. N 65-42-49 W a distance of 377.40 feet to the point of
28beginning.

29Containing 217,799 square feet or 5.0000 acres of land, gross
30area, be the same more or less.

31PARCEL BENNER D

32Beginning at a point in the northern right-of-way line of
33SR0150, the Benner Pike, a variable width right-of-way at the
34intersection with the northeastern line of Prison Road "D", said
35point having coordinates referenced to the Pennsylvania State
36Plane Coordinate System North Zone, North American Datum of 1983
37of Northing 255155.4238 and Easting 1960011.9833;

38Thence along Prison Road "D" the following four (4) courses:

391. N 74-54-54 W a distance of 97.10 feet to a point; Thence

402. along a curve to the left having a radius of 555.00,
41central angle of 32° 40' 16", chord bearing and distance of S
4288-44-58 W a distance of 312.20 feet, an arc distance of 316.47
43feet to a point; Thence

443. S 72-24-50 W a distance of 316.85 feet to a point; Thence

454. S 78-33-51 W a distance of 236.71 feet to a point;

46Thence along the southern right-of-way line of SR6026, Section
47C03 the following four (4) courses:

481. N 41-04-29 E a distance of 77.10 feet to a point; Thence

492. N 36-07-17 E a distance of 700.65 feet to a point; Thence

503. along a curve to the right having a radius of 2759.79,
51central angle of 14° 31' 53", chord bearing and distance of N

143-23-13 E a distance of 698.06 feet, an arc distance of 699.94
2feet to a point; Thence

34. along a curve to the right having a radius of 255.00,
4central angle of 41° 33' 59", chord bearing and distance of N
571-26-09 E a distance of 180.96 feet, an arc distance of 184.99
6feet to a point;

7Thence along the northern right-of-way line of SR0150, the
8Benner Pike, the following five (5) courses:

91. S 25-13-03 E a distance of 123.39 feet to a point; Thence

102. S 15-05-06 W a distance of 294.87 feet to a point; Thence

113. S 12-13-21 W a distance of 200.25 feet to a point; Thence

124. S 15-05-06 W a distance of 453.78 feet to a point; Thence

135. S 15-52-44 E a distance of 35.97 feet to the point of
14beginning.

15Containing 592,560 square feet or 13.6033 acres of land, gross
16area, be the same more or less.

17(c) Form of partial removal and release.--Any legal
18instruments necessary to partially remove and release the
19restrictive use covenants shall be executed by the Secretary of
20General Services in the name of the Commonwealth of
21Pennsylvania, provided that the portion of the restrictive use
22covenants relating to the benefit of the public at large may not
23be removed and released in such instruments.

24(d) Costs.--Any costs and fees incidental to the partial
25removal and release of the restrictive use covenants shall be
26borne by the Grantee.

27(e) Proceeds.--Any proceeds received by the Department of
28General Services for the partial removal and release of the
29restrictive use covenants shall be deposited into the General
30Fund.

31Section 14. Land within the Delaware River bed.

32(a)  Authorization.--The Commonwealth owns the lands within
33the bed of the Delaware River, a portion of which is located in
34the 5th Ward of the City of Philadelphia. Such lands located in
35the 5th Ward are commonly known as Premises A (an area
36immediately north of Pier No. 27 North), Pier No. 27 North, Pier
37No. 27.5 North, Pier No. 31 North, Pier No. 32 North, Pier No.
3833 North, Pier No. 34 North and Pier No. 35 North, and referred
39to collectively as the "Properties," all of which are more fully
40described in subsection (b).

41(b) Property description.--The land to be leased is more
42particularly described as follows:

43PREMISES "A"

44ALL THAT CERTAIN lot or piece of ground with the buildings
45and improvements erected thereon. SITUATE in the 5th Ward of the
46City of Philadelphia and described according to a Site Plan (FF-
471080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
48Regulator of the Fifth Survey District, dated January 29, 2013:

49BEGINNING at the point on the easterly side of Christopher
50Columbus Boulevard (On City Plan, 150' wide, Legally Open). Said
51point being located the following two courses and distances

1southwardly from the intersection of the easterly side of
2Delaware Avenue (On City Plan, 150' wide, Legally Open) with the
3southeasterly side of Penn Street (On City Plan, 60' wide,
4Legally Open);

51.) S.18º17'00"W along the said Delaware Avenue, and then 
6continuing along the said easterly side of Christopher Columbus 
7Boulevard the distance of 862.843' to a point of intersection of 
8the said easterly side of Delaware Avenue with the southeasterly 
9side of Penn Street (On City Plan, 60' wide, Legally Open);

102.) S.15º16'00"W along the said Christopher Columbus Boulevard,
11the distance of 216.875 to an angle point;

12THENCE extending S.74º44'00"E. and partly crossing the Bulkhead
13Line Established 1/5/1894, Approved by the Secretary Of War
149/10/1940 the distance of 553.380' to a point on the Pierhead
15Line Established 1/20/1891, and Approved by the Secretary Of War
169/10/1940;

17THENCE extending S.29º05'21"W along the said Pierhead Line the
18distance of 159.031' to a point;

19THENCE extending N.73º55'50"W. and partly crossing the said
20Bulkhead Line the distance of 515.436' to a point on the said
21easterly side of Christopher Columbus Boulevard (On City Plan,
22150' wide, Legally Open);

23THENCE extending N.15º16'00"E. along the said easterly side of
24Christopher Columbus Boulevard the distance of 147.204' to a
25point, being the first mentioned point and place of beginning;

26Being Known As: Premises "A" on the above mentioned plan.

27AREA OF PARCEL: 80,661 Square Feet 1.85173 Acres.

28PREMISES "B"

29ALL THAT CERTAIN lot or piece of ground with the buildings
30and improvements erected thereon. SITUATE in the 5th Ward of the
31City of Philadelphia and described according to a Site Plan (FF-
321080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
33Regulator of the Fifth Survey District, dated January 29, 2013:

34BEGINNING at the point on the easterly side of Christopher
35Columbus Boulevard (On City Plan, 150' wide, Legally Open) at a
36distance of 800.531' southwardly from the intersection of the
37easterly side of Delaware Avenue (On City Plan, 150' wide,
38Legally Open) with the southeasterly side of Penn Street (On
39City Plan, 60' wide, Legally Open);

40THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
41Line Established 1/5/1894, Approved by the Secretary Of War
429/10/1940 the distance of 611.597' to a point on the Pierhead
43Line Established 1/20/1891, and Approved by the Secretary Of War
449/10/1940;

45THENCE extending S.29º05'21"W along the said Pierhead Line the
46distance of 253.729' to a point;

47THENCE extending N.74º44'00"W. and partly crossing the said
48Bulkhead Line the distance of 553.380' to a point on the said
49easterly side of Christopher Columbus Boulevard;

50THENCE extending N.15º16"00"E. along the said easterly side of
51Christopher Columbus Boulevard the distance of 216.875' to an

1angle point;

2THENCE extending N.18º17'00"E. along the said easterly side of
3Christopher Columbus Boulevard the distance of 62.312' to a
4point, being the first mentioned point and place of beginning;

5Being Known As: Pier #27 on the above mentioned plan.

6AREA OF PARCEL: 153,806 Square Feet 3.53092 Acres.

7PREMISES "C"

8ALL THAT CERTAIN lot or piece of ground with the buildings
9and improvements erected thereon. SITUATE in the 5th Ward of the
10City of Philadelphia and described according to a Site Plan (FF-
111080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
12Regulator of the Fifth Survey District, dated January 29, 2013:

13BEGINNING at the point on the easterly side of Christopher
14Columbus Boulevard (On City Plan, 150' wide, Legally Open) at a
15distance of 676.448' southwardly from the intersection of the
16easterly side of Delaware Avenue (On City Plan, 150' wide,
17Legally Open) with the southeasterly side of Penn Street (On
18City Plan, 60' wide, Legally Open);

19THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
20Line Established 1/5/1894, Approved by the Secretary Of War
219/10/1940 the distance of 635.267' to a point on the Pierhead
22Line Established 1/20/1891, and Approved by the Secretary Of War
239/10/1940;

24THENCE extending S.29º05'21"W along the said Pierhead Line the
25distance of 126.302' to a point;

26THENCE extending N.71º40'00"W. and partly crossing the said
27Bulkhead Line the distance of 611.597' to a point on the said
28easterly side of Christopher Columbus Boulevard;

29THENCE extending N.18º17'00"E.along the said easterly side of
30Christopher Columbus Boulevard the distance of 124.083' to a
31point, being the first mentioned point and place of beginning;

32Being Known As: Pier #27 1/2 on the above mentioned plan.

33AREA OF PARCEL: 77,357 Square Feet 1.77589 Acres.

34PREMISES "D"

35ALL THAT CERTAIN lot or piece of ground with the buildings
36and improvements erected thereon. SITUATE in the 5th Ward of the
37City of Philadelphia and described according to a Site Plan (FF-
381080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
39Regulator of the Fifth Survey District, dated January 29, 2013:

40BEGINNING at the point on the easterly side of Delaware Avenue
41(On City Plan, 150' wide, Legally Open) at a distance of
42513.552'southwardly from the intersection of the said easterly
43side of Delaware Avenue with the southeasterly side of Penn
44Street (On City Plan, 60' wide, Legally Open);

45THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
46Line Established 1/5/1894, Approved by the Secretary Of War
479/10/1940 the distance of 666.362' to a point on the Pierhead
48Line Established 1/20/1891, and Approved by the Secretary Of War
499/10/1940;

50THENCE extending S.29º05'21"W along the said Pierhead Line the
51distance of 165.809' to a point;

1THENCE extending N.71º40'00"W. and partly crossing the said
2Bulkhead Line the distance of 635.267' to a point on the
3easterly side of Christopher Columbus Boulevard (On City Plan,
4150' wide, Legally Open);

5THENCE extending N.18º17'00"E. partly along the said easterly
6side of Christopher Columbus Boulevard and, also partly along
7the said easterly side of Delaware Avenue the distance of
8162.896' to a point, being the first mentioned point and place
9of beginning;

10Being Known As: Pier #31 on the above mentioned plan.

11AREA OF PARCEL: 106,015 Square Feet 2.43378Acres.

12PREMISES "E"

13ALL THAT CERTAIN lot or piece of ground with the buildings
14and improvements erected thereon. SITUATE in the 5th Ward of the
15City of Philadelphia and described according to a Site Plan (FF-
161080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
17Regulator of the Fifth Survey District, dated January 29, 2013:

18BEGINNING at the point on the easterly side of Delaware Avenue
19(On City Plan, 150' wide, Legally Open) at a distance of
20448.614' southwardly from the intersection of the said easterly
21side of Delaware Avenue with the southeasterly side of Penn
22Street (On City Plan, 60' wide, Legally Open);

23THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
24Line Established 1/5/1894, Approved by the Secretary Of War
259/10/1940 the distance of 678.754' to a point on the Pierhead
26Line Established 1/20/1891, and Approved by the Secretary Of War
279/10/1940;

28THENCE extending S.29º05'21"W along the said Pierhead Line the 
29distance of 66.099' to a point;

30THENCE extending N.71º40'00"W. and partly crossing the said
31Bulkhead Line the distance of 666.362' to a point on the said
32easterly side of Delaware Avenue;

33THENCE extending N.18º17'00"E. along the said easterly side of
34Delaware Avenue the distance of 64.938' to a point, being the
35first mentioned point and place of beginning;

36Being Known As: Pier #32 on the above mentioned plan.

37AREA OF PARCEL: 43,674 Square Feet 1.00263 Acres.

38PREMISES "F"

39ALL THAT CERTAIN lot or piece of ground with the buildings
40and improvements erected thereon. SITUATE in the 5th Ward of the
41City of Philadelphia and described according to a Site Plan (FF-
421080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
43Regulator of the Fifth Survey District, dated January 29, 2013:

44BEGINNING at the point on the easterly side of Delaware Avenue
45(On City Plan, 150' wide, Legally Open) at a distance of
46328.281' southwardly from the intersection of the said easterly
47side of Delaware Avenue with the southeasterly side of Penn
48Street (On City Plan, 60' wide, Legally Open);

49THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
50Line Established 1/5/1894, Approved by the Secretary Of War
519/10/1940 the distance of 701.718' to a point on the Pierhead

1Line Established 1/20/1891, and Approved by the Secretary Of War
29/10/1940;

3THENCE extending S.29º05'21"W along the said Pierhead Line the
4distance of 122.485' to a point;

5THENCE extending N.71º40'00"W. and partly crossing the said
6Bulkhead Line the distance of 678.754' to a point on the said
7easterly side of Delaware Avenue;

8THENCE extending N.18º17'00"E. along the said easterly side of
9Delaware Avenue the distance of 120.333' to a point, being the
10first mentioned point and place of beginning;

11Being Known As: Pier #33 on the above mentioned plan.

12AREA OF PARCEL: 83,058 Square Feet 1.90675 Acres.

13PREMISES "G"

14ALL THAT CERTAIN lot or piece of ground with the buildings
15and improvements erected thereon. SITUATE in the 5th Ward of the
16City of Philadelphia and described according to a Site Plan (FF-
171080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
18Regulator of the Fifth Survey District, dated January 29, 2013:

19BEGINNING at the point on the easterly side of Delaware Avenue
20(On City Plan, 150' wide, Legally Open) at a distance of
21241.239' southwardly from the intersection of the said easterly
22side of Delaware Avenue with the southeasterly side of Penn
23Street (On City Plan, 60' wide, Legally Open);

24THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
25Line Established 1/5/1894, Approved by the Secretary Of War
269/10/1940 the distance of 718.328' to a point on the Pierhead
27Line Established 1/20/1891, and Approved by the Secretary Of War
289/10/1940;

29THENCE extending S.29º05'21"W along the said Pierhead Line the
30distance of 88.599' to a point;

31THENCE extending N.71º40'00"W. and partly crossing the said
32Bulkhead Line the distance of 701.718' to a point on the said
33easterly side of Delaware Avenue;

34THENCE extending N.18º17'00"E. along the said easterly side of
35Delaware Avenue the distance of 87.042' to a point, being the
36first mentioned point and place of beginning;

37Being Known As: Pier #34 on the above mentioned plan.

38AREA OF PARCEL: 61,801 Square Feet 1.41877 Acres.

39PREMISES "H"

40ALL THAT CERTAIN lot or piece of ground with the buildings
41and improvements erected thereon. SITUATE in the 5th Ward of the
42City of Philadelphia and described according to a Site Plan (FF-
431080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and
44Regulator of the Fifth Survey District, dated January 29, 2013:

45BEGINNING at the point on the easterly side of Delaware Avenue
46(On City Plan, 150' wide, Legally Open) at a distance of
47118.562' southwardly from the intersection of the said easterly
48side of Delaware Avenue with the southeasterly side of Penn
49Street (On City Plan, 60' wide, Legally Open);

50THENCE extending S.71º40'00"E. and partly crossing the Bulkhead
51Line Established 1/5/1894, Approved by the Secretary Of War

19/10/1940 the distance of 741.739' to a point on the Pierhead
2Line Established 1/20/1891, and Approved by the Secretary Of War
39/10/1940;

4THENCE extending S.29º05'21"W along the said Pierhead Line the 
5distance of 124.871' to a point;

6THENCE extending N.71º40'00W. and partly crossing the said
7Bulkhead Line the distance of 718.328' to a point on the said
8easterly side of Delaware Avenue;

9THENCE extending N.18º17'00"E. along the said easterly side of
10Delaware Avenue the distance of 122.677' to a point, being the
11first mentioned point and place of beginning;

12Being Known As: Pier #35 on the above mentioned plan.

13AREA OF PARCEL: 89,588 Square Feet 2.05597 Acres.

14(c)  Lease agreement.--The Department of General Services,
15with the approval of the Attorney General and the concurrence of
16the Department of Environmental Protection, acting on behalf of
17the Commonwealth, is hereby authorized to enter into a lease of
18the Properties to the City of Philadelphia (the "Lease") for a
19term of 99 years, with an option in favor of the City of
20Philadelphia to extend such term for all or any portion of the
21Properties for up to 99 years. The Lease shall provide rent
22payable to the Commonwealth upon the execution of the Lease, in
23an amount to be determined by the Secretary of General Services,
24and shall include such other terms and conditions as the
25Department of General Services shall establish, with the
26concurrence of the Department of Environmental Protection. The
27Lease shall grant the City of Philadelphia the right to
28sublease, and to permit the further subsubleasing,
29subsubsubleasing and so on, of all or any portion of the
30Properties for Maritime Purposes and/or for residential, office,
31commercial, condominium, hotel, marina or other public uses. As
32used in this section, the term "Maritime Purposes" means
33activities directly related to the handling of cargo or
34passengers for import or export through the Port of
35Philadelphia.

36(d)  Nondisturbance agreement.--The Department of General
37Services, with the concurrence of the Department of
38Environmental Protection, acting on behalf of the Commonwealth,
39is hereby authorized to enter into one or more nondisturbance
40agreements with any sublessee of all or any portion of the
41Properties pursuant to which the Commonwealth will agree that,
42if the Commonwealth succeeds to the interest of the sublessor
43under such sublessee's sublease, the Commonwealth will not
44terminate such sublease unless the sublessee is in default.

45(e)  Improvements.--The Department of General Services, with
46the approval of the Attorney General, is hereby authorized to
47permit, on behalf of the Commonwealth, any declaration or other
48documents necessary to submit the Properties or any portion
49thereof and any improvements thereon to the provisions of 68
50Pa.C.S. Pt. II Subpt. B (relating to condominiums) as a
51leasehold condominium. Development of the parcels authorized to

1be leased in this section shall be consistent with public and
2Maritime Purposes.

3(f)  Free public assess.--

4(1) The City of Philadelphia, all sublessees and their
5respective successors and assigns shall provide and maintain
6at least the following free public access to the riverfront
7for recreation activities:

8(i) Public walkways on the riverfront, including
9water edge promenades along the entire water edge of the
10Properties and adjacent to the water and providing free
11public access to the water and allowing for passive and
12active recreational activities year around.

13(ii) A free public park area along the public
14walkway near the water.

15(iii) Public parking. A minimum of ten free public
16parking spaces available at all times located proximate
17to the public walkway near the water edge and signage
18indicating the free public parking.

19(iv) Public access to the Delaware River which is
20consistent with the Waterfront Setback requirements set
21forth in Section 14-216(6)(g) of the Philadelphia Code
22(enacted into law by an Ordinance enacting Bill No.
23050465, passed by the City Council on June 16, 2005, and
24signed by the Mayor on July 8, 2005).

25(2) Should the lessee, any sublessee or any of their
26respective successors or assigns wish to modify the public
27access and parking required by this section, the lessee,
28sublessee or the respective successor or assign must obtain
29the prior written approval of the Department of Environmental
30Protection and the Department of General Services, which
31approval shall not be unreasonably withheld. The public
32access and parking shall be completed and open to the public
33no later than the date the first tenant or resident occupies
34either the leasehold or the land adjacent to the leasehold.

35(g)  Land use restriction.--All leases authorized or referred
36to under this section shall be made under and subject to the
37condition, which shall be contained in the lease documents, that
38no portion of the parcels shall be used as a licensed facility
39as defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
40other similar type of facility authorized under the laws of this
41Commonwealth. This condition shall be a covenant running with
42the land and shall be binding upon the lessee and sublessees and
43their respective successors and assigns. Should any portion of
44any parcel authorized to be leased under this section be used in
45violation of this subsection, the lease shall terminate
46immediately.

47(h)  Other required measures.--Nothing in this section shall
48affect or otherwise limit the requirements of the provisions of
49the act of November 26, 1978 (P.L.1375, No.325), known as the
50Dam Safety and Encroachments Act, which may require further
51measures to provide for public access and use of the land and

1adjacent water.

2(i)  Conditions binding.--The conditions imposed under this
3section shall be covenants that run with the land and shall be
4binding upon the lessee, any sublessee and their respective
5successors and assigns. Should the lessee, any sublessee or any
6of their respective successors or assigns permit the parcels
7authorized to be leased under this section, or any portion
8thereof, to be used in a manner inconsistent with the conditions
9contained in this section, all rights and interests in the lease
10authorized by this section shall terminate immediately.

11(j)  Costs and fees.--Costs and fees incidental to the lease
12authorized by this section shall be borne by the lessee.

13(k)  Expiration.--In the event that the lease authorized by
14this section does not occur within three years following the
15effective date of this section, the authority contained in this
16section shall be void.

17Amend Bill, page 26, line 11, by striking out "8" and 
18inserting

19 15

20Amend Bill, page 26, line 12, by striking out "immediately." 
21and inserting

22 as follows:

23(1) Sections 8, 9 and 10 shall take effect in 60 days.

24(2) The remainder of this act shall take effect
25immediately.

 

See A07773 in
the context
of HB1945