PRINTER'S NO. 3770
No. 2861 Session of 1994
INTRODUCED BY LUCYK, KENNEY, O'BRIEN, BUTKOVITZ, YOUNGBLOOD,
STERN, ZUG AND WOGAN, MAY 24, 1994
REFERRED TO COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
MAY 24, 1994
AN ACT
1 Authorizing and directing the Department of Military Affairs,
2 the Department of General Services, the Department of
3 Environmental Resources and the Department of Public Welfare
4 to transfer jurisdiction within the State government of
5 certain tracts of Commonwealth real property acquired under
6 the act of September 29, 1938 (Sp.Sess., P.L.53, No.21),
7 entitled, as reenacted and amended, "An act relating to
8 institutions of counties, cities, wards, boroughs, townships,
9 institution districts and other political subdivisions, for
10 the care, maintenance, and treatment of mental patients;
11 providing for the transfer to the Commonwealth for the care,
12 maintenance and treatment of mental patients of such
13 institutions, and all grounds, lands, buildings and personal
14 property of such political subdivisions used for the care and
15 maintenance of indigent persons connected with such mental
16 institutions; providing for the management and operation or
17 closing and abandonment thereof; and the maintenance of
18 mental patients therein; including the collection of
19 maintenance in certain cases; providing for the retransfer of
20 certain property to counties, cities, wards, boroughs,
21 townships, institution districts and other political
22 subdivisions under certain circumstances; conferring and
23 imposing upon the Governor, the Department of Welfare, the
24 courts of common pleas and counties, cities, wards, boroughs,
25 townships, institution districts and other political
26 subdivisions certain powers and duties; prohibiting cities,
27 counties, wards, boroughs, townships, institution districts
28 and other political subdivisions from maintaining and
29 operating institutions, in whole or in part, for the care and
30 treatment of mental patients; and repealing inconsistent
31 laws," transferring certain parcels of land on former Byberry
32 State Hospital among the Department of Public Welfare, the
33 Department of General Services and the Department of
1 Environmental Resources.
2 WHEREAS, The site of Byberry State Hospital in northeast
3 Philadelphia was acquired around 1900 by the City of
4 Philadelphia, and a mental hospital was erected and operated
5 there; and
6 WHEREAS, The act of September 29, 1938 (Sp.Sess., P.L.53,
7 No.21), entitled, as reenacted and amended, "An act relating to
8 institutions of counties, cities, wards, boroughs, townships,
9 institution districts and other political subdivisions, for the
10 care, maintenance, and treatment of mental patients; providing
11 for the transfer to the Commonwealth for the care, maintenance
12 and treatment of mental patients of such institutions, and all
13 grounds, lands, buildings and personal property of such
14 political subdivisions used for the care and maintenance of
15 indigent persons connected with such mental institutions;
16 providing for the management and operation or closing and
17 abandonment thereof; and the maintenance of mental patients
18 therein; including the collection of maintenance in certain
19 cases; providing for the retransfer of certain property to
20 counties, cities, wards, boroughs, townships, institution
21 districts and other political subdivisions under certain
22 circumstances; conferring and imposing upon the Governor, the
23 Department of Welfare, the courts of common pleas and counties,
24 cities, wards, boroughs, townships, institution districts and
25 other political subdivisions certain powers and duties;
26 prohibiting cities, counties, wards, boroughs, townships,
27 institution districts and other political subdivisions from
28 maintaining and operating institutions, in whole or in part, for
29 the care and treatment of mental patients; and repealing
30 inconsistent laws," transferred the real estate and personal
19940H2861B3770 - 2 -
1 property used for the care, maintenance and treatment of mental
2 patients from the City of Philadelphia to the Commonwealth of
3 Pennsylvania. That act contained a reversion of title to the
4 City of Philadelphia in the event the property was abandoned or
5 not substantially improved by the Commonwealth. No consideration
6 was paid to the city for this property; and
7 WHEREAS, The Commonwealth has ceased using all the facilities
8 at Byberry State Hospital for care, maintenance or treatment of
9 mental illness; and
10 WHEREAS, The Commonwealth desires to reallocate finally the
11 land no longer used for care, maintenance or treatment of mental
12 illness; and
13 WHEREAS, The jurisdiction, duties and responsibilities for
14 the parcel described below were assigned to the Department of
15 Environmental Resources through the act of December 22, 1975
16 (P.L.606, No.175), entitled "An act authorizing and directing
17 the Department of General Services, or such department and The
18 General State Authority, to convey to Philadelphia or transfer
19 jurisdiction within the State government of certain tracts of
20 Commonwealth real property acquired under the act of September
21 29, 1938 (Sp. Sess., P.L.53, No.21), entitled, as reenacted and
22 amended, 'An act relating to institutions of counties, cities,
23 wards, boroughs, townships, institution districts and other
24 political subdivisions, for the care, maintenance, and treatment
25 of mental patients; providing for the transfer to the
26 Commonwealth for the care, maintenance and treatment of mental
27 patients of such institutions, and all grounds, lands, buildings
28 and personal property of such political subdivisions used for
29 the care and maintenance of indigent persons connected with such
30 mental institutions; providing for the management and operation
19940H2861B3770 - 3 -
1 or closing and abandonment thereof; and the maintenance of
2 mental patients therein; including the collection of maintenance
3 in certain cases; providing for the retransfer of certain
4 property to counties, cities, wards, boroughs, townships,
5 institution districts and other political subdivisions under
6 certain circumstances; conferring and imposing upon the
7 Governor, the Department of Welfare, the courts of common pleas
8 and counties, cities, wards, boroughs, townships, institution
9 districts and other political subdivisions certain powers and
10 duties; prohibiting cities, counties, wards, boroughs,
11 townships, institution districts and other political
12 subdivisions from maintaining and operating institutions, in
13 whole or in part, for the care and treatment of mental patients;
14 and repealing inconsistent laws,' imposing powers and duties on
15 the Department of Environmental Resources in connection with one
16 such tract, and providing for use of land conveyed to the City
17 of Philadelphia."
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. (a) The Department of General Services, with the
21 approval of the Governor and the Department of Public Welfare,
22 is hereby authorized and directed on behalf of the Commonwealth
23 of Pennsylvania to transfer the control and jurisdiction over
24 the following parcel of land situate in the City of
25 Philadelphia, Commonwealth of Pennsylvania, to the Department of
26 Environmental Resources, such land being bounded and described
27 as follows:
28 All that certain lot or piece of ground situate in the 58th
29 Ward of the City of Philadelphia and derived from a plan by
30 Vincent J. Nero, Registered Professional Engineer-Surveyor,
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1 dated November 26, 1991, as follows (subject to an official
2 survey):
3 Beginning at an interior point on the Philadelphia-Bucks
4 County Line located the following five courses and distances
5 from a point of intersection formed by the northwesterly side of
6 the Roosevelt Boulevard (254 feet wide - S.R.0001) and the said
7 Philadelphia-Bucks County Line: (1) north 27 degrees 17 minutes
8 56 seconds west, the distance of 36.302 feet to a point; (2)
9 north 67 degrees 18 minutes 5 seconds west, the distance of
10 86.750 feet to a point; (3) south 70 degrees 32 minutes 10
11 seconds west, the distance of 54.250 feet to a point; (4) south
12 83 degrees 14 minutes 10 seconds east, the distance of 42.000
13 feet to a point; (5) north 82 degrees 30 minutes 35 seconds
14 west, the distance of 54.827 feet to a point; to the point of
15 beginning; thence extending from said point of beginning south
16 48 degrees 5 minutes 49 seconds west, the distance of 491.586
17 feet to a point; thence extending north 86 degrees 54 minutes 11
18 seconds west, the distance of 159.687 feet to a point; thence
19 extending north 41 degrees 54 minutes 11 seconds west, the
20 distance of 524.168 feet to a point; thence extending north 3
21 degrees 5 minutes 49 seconds east, the distance of 159.687 feet
22 to a point; thence extending north 48 degrees 5 minutes 49
23 seconds east, the distance of 440.587 feet to a point; thence
24 extending north 41 degrees 54 minutes 11 seconds west, the
25 distance of 851.168 feet to a point; thence extending south 46
26 degrees 6 minutes 32 seconds west, the distance of 412.292 feet
27 to a point; thence extending north 88 degrees 53 minutes 28
28 seconds west, the distance of 200.000 feet to a point; thence
29 extending north 43 degrees 53 minutes 28 seconds west, the
30 distance of 200.000 feet to a point; thence extending south 46
19940H2861B3770 - 5 -
1 degrees 6 minutes 32 seconds west along a line parallel with and
2 at the distance of 200.000 feet southeastwardly of Carter Road
3 (46.5 feet wide), the distance of 919.647 feet to a point;
4 thence extending south 41 degrees 4 minutes 22 seconds west
5 along a line parallel with and at the distance of 200.000 feet
6 southeastwardly of the said Carter Road, the distance of 277.530
7 feet to a point; thence extending north 41 degrees 41 minutes 49
8 seconds west, the distance of 201.603 feet to a point on the
9 southeasterly side of the said Carter Road; thence extending
10 north 41 degrees 4 minutes 22 seconds east along a southeasterly
11 side of the said Carter Road, the distance of 260.952 feet to an
12 angle point; thence further extending north 46 degrees 6 minutes
13 32 seconds east along a southeasterly side of the said Carter
14 Road, the distance of 1059.795 feet to a point on the Bucks-
15 Philadelphia County Line, thence extending the following 33
16 courses and distances along the said County Line being within
17 the bed of Poquessing Creek: (1) south 36 degrees 19 minutes 58
18 seconds east, the distance of 37.167 feet to a point; (2) south
19 65 degrees 20 minutes 50 seconds east, the distance of 86.479
20 feet to a point; (3) south 38 degrees 17 minutes 50 seconds
21 east, the distance of 126.625 feet to a point; (4) south 52
22 degrees 56 seconds east, the distance of 79.906 feet to a point;
23 (5) north 61 degrees 57 minutes 32 seconds east, the distance
24 of 119.833 feet to a point; (6) north 47 degrees 21 minutes 38
25 seconds east, the distance of 169.937 feet to a point; (7)
26 north 57 degrees 18 minutes 40 seconds east, the distance of
27 103.417 feet to a point; (8) north 38 degrees 8 minutes 40
28 seconds east, the distance of 74.500 feet to a point; (9) north
29 70 degrees 6 minutes 40 seconds east, the distance of 97.896
30 feet to a point; (10) south 88 degrees 12 minutes 35 seconds
19940H2861B3770 - 6 -
1 east, the distance of 74.854 feet to a point; (11) south 63
2 degrees 21 minutes 35 seconds east, the distance of 47.458 feet
3 to a point; (12) south 8 degrees 6 minutes 35 seconds east, the
4 distance of 100.146 feet to a point; (13) south 80 degrees 39
5 minutes 35 seconds east, the distance of 34.333 feet to a point;
6 (14) north 80 degrees 14 minutes 40 seconds east, the distance
7 of 180.583 feet to a point; (15) south 65 degrees 14 minutes 35
8 seconds east, the distance of 137.687 feet to a point; (16)
9 south 50 degrees 18 minutes 35 seconds east, the distance of
10 171.062 feet to a point; (17) south 15 degrees 17 minutes 35
11 seconds east, the distance of 144.354 feet to a point; (18)
12 south 14 degrees 57 minutes 40 seconds west, the distance of
13 66.333 feet to a point; (19) south 71 degrees 14 minutes 40
14 seconds west, the distance of 49.750 feet to a point; (20)
15 south 19 degrees 20 minutes 35 seconds east, the distance of
16 266.500 feet to a point; (21) south 22 degrees 14 minutes 40
17 seconds west, the distance of 123.375 feet to a point; (22)
18 south 28 degrees 20 minutes 35 seconds east, the distance of
19 40.583 feet to a point; (23) south 74 degrees 27 minutes 35
20 seconds east, the distance of 81.833 feet to a point; (24)
21 south 37 degrees 29 minutes 40 seconds west, the distance of
22 85.000 feet to a point; (25) south 78 degrees 23 minutes 10
23 seconds west, the distance of 69.125 feet to a point; (26)
24 south 44 degrees 54 minutes 10 seconds west, the distance of
25 128.833 feet to a point; (27) south 2 degrees 27 minutes 40
26 seconds west, the distance of 154.500 feet to a point; (28)
27 south 41 degrees 11 minutes 35 seconds east, the distance of
28 162.250 feet to a point; (29) south 33 degrees 30 minutes 35
29 seconds east, the distance of 96.625 feet to a point; (30)
30 south 76 degrees 49 minutes 35 seconds east, the distance of
19940H2861B3770 - 7 -
1 169.083 feet to a point; (31) north 57 degrees 47 minutes 40
2 seconds east, the distance of 202.000 feet to a point; (32)
3 north 80 degrees 29 minutes 40 seconds east, the distance of
4 70.792 feet to a point; (33) south 82 degrees 30 minutes 35
5 seconds east, the distance of 27.402 feet to the first mentioned
6 point and place of beginning.
7 Containing in total area 21.500 acres.
8 (b) The Department of General Services, with the approval of
9 the Governor and the Department of Environmental Resources, is
10 hereby authorized and directed on behalf of the Commonwealth of
11 Pennsylvania to transfer the control and jurisdiction over the
12 following parcel of land situate in the City of Philadelphia,
13 Commonwealth of Pennsylvania, bounded and described as follows:
14 Beginning at a point of curve on the northeasterly side of
15 Southampton-Byberry Road (70 feet wide), said point being the
16 southeasterly end of a curve; having a radius of 25.000 feet and
17 an arc distance of 37.789 feet, connecting the northeasterly
18 side of the said Southampton-Byberry Road and the southeasterly
19 side of Roosevelt Boulevard (254 feet wide - S.R.0001); thence
20 extending from said beginning point in northwesterly and
21 northeasterly directions on the said curved line bearing to the
22 right having a radius of 25.000 feet and an arc distance of
23 37.789 feet to a point of tangency on the southeasterly side of
24 the said Roosevelt Boulevard; thence extending north 48 degrees
25 5 minutes 49 seconds east along the southeasterly side of the
26 said Roosevelt Boulevard, the distance of 1,005.000 feet to a
27 point of curve having a radius of 25.000 feet and an arc
28 distance of 39.270 feet, connecting the southeasterly side of
29 the said Roosevelt Boulevard with the southwesterly side of a
30 proposed road (70 feet wide); thence extending in a
19940H2861B3770 - 8 -
1 southeastwardly direction on a curved line bearing to the right,
2 having the said radius of 25.000 feet and an arc distance of
3 39.270 feet to a point of tangency on the southwesterly side of
4 the proposed 70 foot-wide road; thence extending south 41
5 degrees 54 minutes 11 seconds east along the southwesterly side
6 of the proposed 70 foot-wide road, the distance of 425.269 feet
7 to a point of curve; thence extending in a southeastwardly
8 direction along the southwesterly side of the proposed 70 foot-
9 wide road on a curved line bearing to the left having a radius
10 of 820.000 feet and an arc distance of 580.944 feet to a point;
11 thence extending south 48 degrees 11 minutes 6 seconds west, the
12 distance of 680.116 feet to a point; thence extending north 41
13 degrees 48 minutes 54 seconds west, the distance of 351.925 feet
14 to a point; thence extending south 48 degrees 11 minutes 6
15 seconds west, the distance of 890.042 feet to a point on the
16 southeasterly side of the said Southampton-Byberry Road; thence
17 extending north 2 degrees 15 minutes 31 seconds west along the
18 southeasterly side of the said Southampton-Byberry Road, the
19 distance of 234.458 feet to a point of curve; thence extending
20 in a northwestwardly direction along the southeasterly side of
21 the said Southampton-Byberry Road on a curved line bearing to
22 the left having a radius of 735.000 feet and an arc distance of
23 465.018 feet to a point of curve, being the first mentioned
24 point and place of beginning.
25 Containing in total area 21.500 acres, including the
26 following parcel reserved for the Rush State Park.
27 Beginning at a point of tangent on the southeasterly side of
28 the Roosevelt Boulevard (254 feet wide - S.R.0001), said point
29 being the northeasterly end of a curve, having a radius of
30 25.000 feet and an arc length of 37.789 feet, connecting the
19940H2861B3770 - 9 -
1 southeasterly side of the said Roosevelt Boulevard with the
2 northeasterly side of Southampton-Byberry Road (70 feet wide);
3 thence extending from said beginning point, north 48 degrees 5
4 minutes 49 seconds east, along the southeasterly side of the
5 said Roosevelt Boulevard, the distance of 1,005.000 feet to a
6 point of curve, being a radius corner of a proposed street;
7 thence extending in a northeastwardly and southeastwardly
8 direction, on a curved line bearing to the right, with a radius
9 of 25.000 feet, the arc distance of 39.270 feet to a point of
10 tangent on the southwesterly side of a proposed street (70 feet
11 wide); thence extending south 41 degrees 54 minutes 11 seconds
12 east, along the southwesterly side of the proposed street the
13 distance of 175.000 feet to a point; thence extending south 48
14 degrees 5 minutes 49 seconds west, the distance of 1087.365 feet
15 to the northeasterly side of the said Southampton-Byberry Road,
16 aforesaid; thence extending in a northerly direction, along the
17 northeasterly side of the said Southampton-Byberry Road, on a
18 curved line bearing to the left, with a radius of 735.000 feet,
19 the arc distance of 179.880 feet, to a point of reverse curve;
20 thence extending in a northwesterly and northeastwardly
21 direction, on a curved line bearing to the right, with a radius
22 of 25.000 feet, the arc distance of 37.789 feet to the
23 southeasterly side of the Roosevelt Boulevard and the first
24 mentioned point and place of beginning.
25 Containing in area 4.8881 acres.
26 (c) The responsibilities required of the Department of
27 Environmental Resources for managing this parcel in accordance
28 with the act of December 22, 1975 (P.L.606, No.175), entitled
29 "An act authorizing and directing the Department of General
30 Services, or such department and The General State Authority, to
19940H2861B3770 - 10 -
1 convey to Philadelphia or transfer jurisdiction within the State
2 government of certain tracts of Commonwealth real property
3 acquired under the act of September 29, 1938 (Sp. Sess., P.L.53,
4 No.21), entitled, as reenacted and amended, 'An act relating to
5 institutions of counties, cities, wards, boroughs, townships,
6 institution districts and other political subdivisions, for the
7 care, maintenance, and treatment of mental patients; providing
8 for the transfer to the Commonwealth for the care, maintenance
9 and treatment of mental patients of such institutions, and all
10 grounds, lands, buildings and personal property of such
11 political subdivisions used for the care and maintenance of
12 indigent persons connected with such mental institutions;
13 providing for the management and operation or closing and
14 abandonment thereof; and the maintenance of mental patients
15 therein; including the collection of maintenance in certain
16 cases; providing for the retransfer of certain property to
17 counties, cities, wards, boroughs, townships, institution
18 districts and other political subdivisions under certain
19 circumstances; conferring and imposing upon the Governor, the
20 Department of Welfare, the courts of common pleas and counties,
21 cities, wards, boroughs, townships, institution districts and
22 other political subdivisions certain powers and duties;
23 prohibiting cities, counties, wards, boroughs, townships,
24 institution districts and other political subdivisions from
25 maintaining and operating institutions, in whole or in part, for
26 the care and treatment of mental patients; and repealing
27 inconsistent laws,' imposing powers and duties on the Department
28 of Environmental Resources in connection with one such tract,
29 and providing for use of land conveyed to the City of
30 Philadelphia," shall cease.
19940H2861B3770 - 11 -
1 (d) The above described tracts and parcels of land are a
2 part of the same land vested in the Commonwealth of Pennsylvania
3 by the act of September 29, 1938 (Sp.Sess., P.L.53, No.21),
4 entitled, as reenacted and amended, "An act relating to
5 institutions of counties, cities, wards, boroughs, townships,
6 institution districts and other political subdivisions, for the
7 care, maintenance, and treatment of mental patients; providing
8 for the transfer to the Commonwealth for the care, maintenance
9 and treatment of mental patients of such institutions, and all
10 grounds, lands, buildings and personal property of such
11 political subdivisions used for the care and maintenance of
12 indigent persons connected with such mental institutions;
13 providing for the management and operation or closing and
14 abandonment thereof; and the maintenance of mental patients
15 therein; including the collection of maintenance in certain
16 cases; providing for the retransfer of certain property to
17 counties, cities, wards, boroughs, townships, institution
18 districts and other political subdivisions under certain
19 circumstances; conferring and imposing upon the Governor, the
20 Department of Welfare, the courts of common pleas and counties,
21 cities, wards, boroughs, townships, institution districts and
22 other political subdivisions certain powers and duties;
23 prohibiting cities, counties, wards, boroughs, townships,
24 institution districts and other political subdivisions from
25 maintaining and operating institutions, in whole or in part, for
26 the care and treatment of mental patients; and repealing
27 inconsistent laws." The land was subsequently transferred to the
28 use of the Department of Military Affairs by the act of January
29 26, 1966 (1965 P.L.1610, No.569), entitled "An act authorizing
30 the Department of Property and Supplies, with the approval of
19940H2861B3770 - 12 -
1 the Governor, to transfer and convey to the Department of
2 Military Affairs 17.6885 acres, more or less, of land situate in
3 the fifty-eighth ward of the City of Philadelphia,
4 Pennsylvania," and the act of December 10, 1969 (P.L.360,
5 No.157), entitled "An act authorizing the Department of Property
6 and Supplies to transfer the jurisdiction and control over 7.852
7 acres of land situate in the 58th Ward of the City of
8 Philadelphia, Pennsylvania, to the Department of Military
9 Affairs with the approval of the Secretary of Public Welfare and
10 the Governor."
11 (e) The above transfers shall be made under and subject,
12 nevertheless, to all easements, servitudes and rights of others,
13 including, but not confined to, streets, roadways and rights of
14 any telephone, telegraph, water, electric, gas or pipeline
15 companies, as well as under and subject, nevertheless, to any
16 estate or tenancies vested in third persons, whether or not
17 appearing of record, for any portion of the said land or
18 improvements erected thereon.
19 Section 2. The parcels of land herein described, and the
20 jurisdiction and control over the same herein authorized to be
21 transferred shall be transferred free and clear of any
22 limitations or rights of reversion more particularly set forth
23 in section 1 of the act of September 29, 1938 (Sp.Sess., P.L.53,
24 No.21), entitled, as reenacted and amended, "An act relating to
25 institutions of counties, cities, wards, boroughs, townships,
26 institution districts and other political subdivisions, for the
27 care, maintenance, and treatment of mental patients; providing
28 for the transfer to the Commonwealth for the care, maintenance
29 and treatment of mental patients of such institutions, and all
30 grounds, lands, buildings and personal property of such
19940H2861B3770 - 13 -
1 political subdivisions used for the care and maintenance of
2 indigent persons connected with such mental institutions;
3 providing for the management and operation or closing and
4 abandonment thereof; and the maintenance of mental patients
5 therein; including the collection of maintenance in certain
6 cases; providing for the retransfer of certain property to
7 counties, cities, wards, boroughs, townships, institution
8 districts and other political subdivisions under certain
9 circumstances; conferring and imposing upon the Governor, the
10 Department of Welfare, the courts of common pleas and counties,
11 cities, wards, boroughs, townships, institution districts and
12 other political subdivisions certain powers and duties;
13 prohibiting cities, counties, wards, boroughs, townships,
14 institution districts and other political subdivisions from
15 maintaining and operating institutions, in whole or in part, for
16 the care and treatment of mental patients; and repealing
17 inconsistent laws."
18 Section 3. Upon the appropriation of the necessary funds by
19 the General Assembly, the Department of General Services shall
20 be authorized and directed to construct a veterans home on the
21 land described in section 1(b). Jurisdiction to the land
22 described in section 1(b) shall be transferred to the Department
23 of Military Affairs upon completion of the construction of the
24 veterans home.
25 Section 4. This act shall take effect immediately.
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