PRIOR PRINTER'S NO. 3770 PRINTER'S NO. 4241
No. 2861 Session of 1994
INTRODUCED BY LUCYK, KENNEY, O'BRIEN, BUTKOVITZ, YOUNGBLOOD, STERN, ZUG AND WOGAN, MAY 24, 1994
AS RE-REPORTED FROM COMMITTEE ON MILITARY AND VETERANS AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 3, 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 19940H2861B4241 - 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 19940H2861B4241 - 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, 19940H2861B4241 - 4 -
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 19940H2861B4241 - 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 19940H2861B4241 - 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 19940H2861B4241 - 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 19940H2861B4241 - 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 19940H2861B4241 - 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 (B) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF <-- 27 THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, IS 28 HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF 29 PENNSYLVANIA TO TRANSFER THE CONTROL AND JURISDICTION OVER THE 30 FOLLOWING PARCEL OF LAND SITUATE IN THE CITY OF PHILADELPHIA, 19940H2861B4241 - 10 -
1 COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: 2 BEGINNING AT A POINT OF CURVE ON THE CENTERLINE OF 3 SOUTHAMPTON-BYBERRY ROAD (70 FEET WIDE), SAID POINT BEING THE 4 SOUTHEASTERLY END OF A CURVE; HAVING A RADIUS OF 25.000 FEET AND 5 AN ARC DISTANCE OF 37.789 FEET, CONNECTING THE SAID SOUTHAMPTON- 6 BYBERRY ROAD AND THE SOUTHEASTERLY SIDE OF ROOSEVELT BOULEVARD 7 (254 FEET WIDE - S.R.0001); THENCE EXTENDING FROM SAID BEGINNING 8 POINT IN NORTHWESTERLY AND NORTHEASTERLY DIRECTIONS ON THE SAID 9 CURVED LINE BEARING TO THE RIGHT HAVING A RADIUS OF 25.000 FEET 10 AND AN ARC DISTANCE OF 37.789 FEET TO A POINT OF TANGENCY ON THE 11 SOUTHEASTERLY SIDE OF THE SAID ROOSEVELT BOULEVARD; THENCE 12 EXTENDING NORTH ALONG THE SOUTHEASTERLY SIDE OF THE SAID 13 ROOSEVELT BOULEVARD, THE DISTANCE OF 1,265.000 FEET TO A POINT 14 ON THE SOUTHEASTERLY SIDE OF THE SAID ROOSEVELT BOULEVARD; 15 THENCE EXTENDING IN AN EASTWARDLY DIRECTION 1,330.000 FEET TO A 16 POINT; THENCE EXTENDING SOUTH A DISTANCE OF 650.000 FEET TO A 17 POINT; THENCE EXTENDING IN A WESTWARDLY DIRECTION THE DISTANCE 18 OF 770.000 FEET TO A POINT; THENCE EXTENDING IN A SOUTHERLY 19 DIRECTION THE DISTANCE OF 925.042 FEET TO A POINT ON THE 20 CENTERLINE OF THE SAID SOUTHAMPTON-BYBERRY ROAD; THENCE 21 EXTENDING NORTH 2 DEGREES 15 MINUTES 31 SECONDS WEST ALONG THE 22 CENTERLINE OF THE SAID SOUTHAMPTON-BYBERRY ROAD, THE DISTANCE OF 23 234.458 FEET TO A POINT OF CURVE; THENCE EXTENDING IN A 24 NORTHWESTWARDLY DIRECTION ALONG THE CENTERLINE OF THE SAID 25 SOUTHAMPTON-BYBERRY ROAD ON A CURVED LINE BEARING TO THE LEFT 26 HAVING A RADIUS OF 735.000 FEET AND AN ARC DISTANCE OF 465.018 27 FEET TO A POINT OF CURVE, BEING THE FIRST MENTIONED POINT AND 28 PLACE OF BEGINNING. 29 CONTAINING IN TOTAL AREA 26.800 ACRES, INCLUDING THE 30 FOLLOWING PARCEL RESERVED FOR THE RUSH STATE PARK. 19940H2861B4241 - 11 -
1 BEGINNING AT A POINT OF TANGENT ON THE SOUTHEASTERLY SIDE OF 2 THE ROOSEVELT BOULEVARD (254 FEET WIDE - S.R.0001), SAID POINT 3 BEING THE NORTHEASTERLY END OF A CURVE, HAVING A RADIUS OF 4 25.000 FEET AND AN ARC LENGTH OF 37.789 FEET, CONNECTING THE 5 SOUTHEASTERLY SIDE OF THE SAID ROOSEVELT BOULEVARD WITH THE 6 NORTHEASTERLY SIDE OF SOUTHAMPTON-BYBERRY ROAD (70 FEET WIDE); 7 THENCE EXTENDING FROM SAID BEGINNING POINT, NORTH ALONG THE 8 SOUTHEASTERLY SIDE OF THE SAID ROOSEVELT BOULEVARD, THE DISTANCE 9 OF 1,225.000 FEET TO A POINT; THENCE EXTENDING EASTWARDLY THE 10 DISTANCE OF 210.000 FEET TO A POINT; THENCE EXTENDING IN A 11 SOUTHERLY DIRECTION, THE DISTANCE OF 1,200.000 FEET TO A POINT 12 OF A RADIUS OF 100 FEET; THENCE EXTENDING IN AN EASTWARDLY 13 DIRECTION 250.000 FEET TO A POINT ALONG THE CENTERLINE OF 14 EXISTING ROADWAY (LAWRENCE DRIVE). 15 CONTAINING IN AREA 7.2000 ACRES. 16 (c) The responsibilities required of the Department of 17 Environmental Resources for managing this parcel in accordance 18 with the act of December 22, 1975 (P.L.606, No.175), entitled 19 "An act authorizing and directing the Department of General 20 Services, or such department and The General State Authority, to 21 convey to Philadelphia or transfer jurisdiction within the State 22 government of certain tracts of Commonwealth real property 23 acquired under 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 19940H2861B4241 - 12 -
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,' imposing powers and duties on the Department 18 of Environmental Resources in connection with one such tract, 19 and providing for use of land conveyed to the City of 20 Philadelphia," shall cease. 21 (d) The above described tracts and parcels of land are a 22 part of the same land vested in the Commonwealth of Pennsylvania 23 by the act of September 29, 1938 (Sp.Sess., P.L.53, No.21), 24 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 19940H2861B4241 - 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." The land was subsequently transferred to the 18 use of the Department of Military Affairs by the act of January 19 26, 1966 (1965 P.L.1610, No.569), entitled "An act authorizing 20 the Department of Property and Supplies, with the approval of 21 the Governor, to transfer and convey to the Department of 22 Military Affairs 17.6885 acres, more or less, of land situate in 23 the fifty-eighth ward of the City of Philadelphia, 24 Pennsylvania," and the act of December 10, 1969 (P.L.360, 25 No.157), entitled "An act authorizing the Department of Property 26 and Supplies to transfer the jurisdiction and control over 7.852 27 acres of land situate in the 58th Ward of the City of 28 Philadelphia, Pennsylvania, to the Department of Military 29 Affairs with the approval of the Secretary of Public Welfare and 30 the Governor." 19940H2861B4241 - 14 -
1 (e) The above transfers shall be made under and subject, 2 nevertheless, to all easements, servitudes and rights of others, 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, nevertheless, to any 6 estate or tenancies vested in third persons, whether or not 7 appearing of record, for any portion of the said land or 8 improvements erected thereon. 9 Section 2. The parcels of land herein described, and the 10 jurisdiction and control over the same herein authorized to be 11 transferred shall be transferred free and clear of any 12 limitations or rights of reversion more particularly set forth 13 in section 1 of the act of September 29, 1938 (Sp.Sess., P.L.53, 14 No.21), entitled, as reenacted and amended, "An act relating to 15 institutions of counties, cities, wards, boroughs, townships, 16 institution districts and other political subdivisions, for the 17 care, maintenance, and treatment of mental patients; providing 18 for the transfer to the Commonwealth for the care, maintenance 19 and treatment of mental patients of such institutions, and all 20 grounds, lands, buildings and personal property of such 21 political subdivisions used for the care and maintenance of 22 indigent persons connected with such mental institutions; 23 providing for the management and operation or closing and 24 abandonment thereof; and the maintenance of mental patients 25 therein; including the collection of maintenance in certain 26 cases; providing for the retransfer of certain property to 27 counties, cities, wards, boroughs, townships, institution 28 districts and other political subdivisions under certain 29 circumstances; conferring and imposing upon the Governor, the 30 Department of Welfare, the courts of common pleas and counties, 19940H2861B4241 - 15 -
1 cities, wards, boroughs, townships, institution districts and 2 other political subdivisions certain powers and duties; 3 prohibiting cities, counties, wards, boroughs, townships, 4 institution districts and other political subdivisions from 5 maintaining and operating institutions, in whole or in part, for 6 the care and treatment of mental patients; and repealing 7 inconsistent laws." 8 Section 3. Upon the appropriation of the necessary funds by 9 the General Assembly, the Department of General Services shall 10 be authorized and directed to construct a veterans home on the 11 land described in section 1(b). Jurisdiction to the land 12 described in section 1(b) shall be transferred to the Department 13 of Military Affairs upon completion of the construction of the 14 veterans home. 15 Section 4. This act shall take effect immediately. E23L85JLW/19940H2861B4241 - 16 -