SENATE AMENDED
PRIOR PRINTER'S NOS. 3770, 4241, 4316 PRINTER'S NO. 4402
No. 2861 Session of 1994
INTRODUCED BY LUCYK, KENNEY, O'BRIEN, BUTKOVITZ, YOUNGBLOOD,
STERN, ZUG AND WOGAN, MAY 24, 1994
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED,
NOVEMBER 15, 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
1 Department of General Services and the Department of
2 Environmental Resources; AND AUTHORIZING THE DEPARTMENT OF <--
3 GENERAL SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF
4 ENVIRONMENTAL RESOURCES, TO LEASE TO THE CITY OF PHILADELPHIA
5 CERTAIN LANDS SUBJECT TO CERTAIN CONDITIONS WITHIN THE BED OF
6 THE DELAWARE RIVER IN THE FIRST WARD OF THE CITY OF
7 PHILADELPHIA.
8 WHEREAS, The site of Byberry State Hospital in northeast
9 Philadelphia was acquired around 1900 by the City of
10 Philadelphia, and a mental hospital was erected and operated
11 there; and
12 WHEREAS, The act of September 29, 1938 (Sp.Sess., P.L.53,
13 No.21), entitled, as reenacted and amended, "An act relating to
14 institutions of counties, cities, wards, boroughs, townships,
15 institution districts and other political subdivisions, for the
16 care, maintenance, and treatment of mental patients; providing
17 for the transfer to the Commonwealth for the care, maintenance
18 and treatment of mental patients of such institutions, and all
19 grounds, lands, buildings and personal property of such
20 political subdivisions used for the care and maintenance of
21 indigent persons connected with such mental institutions;
22 providing for the management and operation or closing and
23 abandonment thereof; and the maintenance of mental patients
24 therein; including the collection of maintenance in certain
25 cases; providing for the retransfer of certain property to
26 counties, cities, wards, boroughs, townships, institution
27 districts and other political subdivisions under certain
28 circumstances; conferring and imposing upon the Governor, the
29 Department of Welfare, the courts of common pleas and counties,
30 cities, wards, boroughs, townships, institution districts and
31 other political subdivisions certain powers and duties;
32 prohibiting cities, counties, wards, boroughs, townships,
33 institution districts and other political subdivisions from
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1 maintaining and operating institutions, in whole or in part, for
2 the care and treatment of mental patients; and repealing
3 inconsistent laws," transferred the real estate and personal
4 property used for the care, maintenance and treatment of mental
5 patients from the City of Philadelphia to the Commonwealth of
6 Pennsylvania. That act contained a reversion of title to the
7 City of Philadelphia in the event the property was abandoned or
8 not substantially improved by the Commonwealth. No consideration
9 was paid to the city for this property; and
10 WHEREAS, The Commonwealth has ceased using all the facilities
11 at Byberry State Hospital for care, maintenance or treatment of
12 mental illness; and
13 WHEREAS, The Commonwealth desires to reallocate finally the
14 land no longer used for care, maintenance or treatment of mental
15 illness; and
16 WHEREAS, The jurisdiction, duties and responsibilities for
17 the parcel described below were assigned to the Department of
18 Environmental Resources through the act of December 22, 1975
19 (P.L.606, No.175), entitled "An act authorizing and directing
20 the Department of General Services, or such department and The
21 General State Authority, to convey to Philadelphia or transfer
22 jurisdiction within the State government of certain tracts of
23 Commonwealth real property acquired under the act of September
24 29, 1938 (Sp. Sess., P.L.53, No.21), entitled, as reenacted and
25 amended, 'An act relating to institutions of counties, cities,
26 wards, boroughs, townships, institution districts and other
27 political subdivisions, for the care, maintenance, and treatment
28 of mental patients; providing for the transfer to the
29 Commonwealth for the care, maintenance and treatment of mental
30 patients of such institutions, and all grounds, lands, buildings
19940H2861B4402 - 3 -
1 and personal property of such political subdivisions used for
2 the care and maintenance of indigent persons connected with such
3 mental institutions; providing for the management and operation
4 or closing and abandonment thereof; and the maintenance of
5 mental patients therein; including the collection of maintenance
6 in certain cases; providing for the retransfer of certain
7 property to counties, cities, wards, boroughs, townships,
8 institution districts and other political subdivisions under
9 certain circumstances; conferring and imposing upon the
10 Governor, the Department of Welfare, the courts of common pleas
11 and counties, cities, wards, boroughs, townships, institution
12 districts and other political subdivisions certain powers and
13 duties; prohibiting cities, counties, wards, boroughs,
14 townships, institution districts and other political
15 subdivisions from maintaining and operating institutions, in
16 whole or in part, for the care and treatment of mental patients;
17 and repealing inconsistent laws,' imposing powers and duties on
18 the Department of Environmental Resources in connection with one
19 such tract, and providing for use of land conveyed to the City
20 of Philadelphia"; and
21 WHEREAS, The Commonwealth desires to construct a veterans
22 nursing home on the northeast corner of Roosevelt Boulevard and
23 Southampton Road on grounds now part of Benjamin Rush State Park
24 herein conveyed to the Department of Military Affairs; and
25 WHEREAS, The Commonwealth is further committed to the
26 development of Benjamin Rush State Park as a recreational
27 facility and nature preserve to benefit the residents of
28 southeast Pennsylvania and the newly created Veterans home, and
29 the Department of Environmental Resources is herein granted
30 ground for a permanent entrance to the park from Southampton
19940H2861B4402 - 4 -
1 Road with the expectation that the new entrance will be
2 constructed as soon as practicable with funding provided by the
3 act of December 18, 1980, entitled "A supplement to the act of
4 October 6, 1980 (No.145), entitled 'An act providing for the
5 capital budget for the fiscal year 1980-1981,' itemizing public
6 improvement and furniture and equipment projects, to be
7 constructed by the Department of General Services and
8 transportation assistance projects to be acquired or constructed
9 by the Pennsylvania Department of Transportation together with
10 their estimated financial cost; authorizing the incurring of
11 debt without the approval of the electors for the purpose of
12 financing the projects to be constructed by the Department of
13 General Services or Department of Transportation, stating the
14 estimated useful life of the projects; providing for the
15 adoption of capital projects to be financed from current
16 revenues of the Boating Fund and the Fish Fund and making an
17 appropriation."
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,
19940H2861B4402 - 5 -
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
19940H2861B4402 - 6 -
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
19940H2861B4402 - 7 -
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
19940H2861B4402 - 8 -
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, TO THE DEPARTMENT OF GENERAL <--
14 SERVICES, SUCH LAND BEING bounded and described as follows:
15 Beginning at a point of curve on the northeasterly side of
16 Southampton-Byberry Road (70 feet wide), said point being the
17 southeasterly end of a curve; having a radius of 25.000 feet and
18 an arc distance of 37.789 feet, connecting the northeasterly
19 side of said Southampton-Byberry Road and the southeasterly side
20 of Roosevelt Boulevard (254 feet wide - S.R.0001); thence
21 extending from said beginning point in northwesterly and
22 northeasterly directions on the said curved line bearing to the
23 right having a radius of 25.000 feet and an arc distance of
24 37.789 feet to a point of tangency on the southeasterly side of
25 the said Roosevelt Boulevard; thence extending north along the
26 southeasterly side of the said Roosevelt Boulevard, the distance
27 of 1,265.000 feet to a point on the southeasterly side of the
28 said Roosevelt Boulevard; thence extending in an eastwardly
29 direction 1,330.000 feet to a point; thence extending south a
30 distance of 675 feet more or less to a point on the south side
19940H2861B4402 - 9 -
1 of East Bucks Drive; thence extending in a westwardly direction
2 the distance of 745 feet more or less to a point on the east
3 side of Lawrence Drive; thence extending in a southerly
4 direction the distance of 890 feet to a point on the
5 northeasterly side of the said Southampton-Byberry Road; thence
6 extending north 2 degrees 15 minutes 31 seconds west along the
7 northeasterly side of the said Southampton-Byberry Road, the
8 distance of 234.458 feet to a point of curve; thence extending
9 in a northwestwardly direction along the northeasterly side of
10 Southampton-Byberry Road on a curved line bearing to the left
11 having a radius of 735.000 feet and an arc distance of 465.018
12 feet to a point of curve, being the first mentioned point and
13 place of beginning.
14 Containing in total area 26.800 acres more or less, including
15 the following parcel reserved for the Rush State Park.
16 Beginning at a point of curve on the northeasterly side of
17 Southampton-Byberry Road (70 feet wide), said point being the
18 southerly end of a curve; having a radius of 25.000 feet and an
19 arc distance of 37.789 feet, connecting the northeasterly side
20 of said Southampton-Byberry Road and the southeasterly side of
21 Roosevelt Boulevard (254 feet wide - S.R.0001); thence extending
22 from said beginning point in northwesterly and northeasterly
23 directions on the said curved line bearing to the right having a
24 radius of 25.000 feet and an arc distance of 37.789 feet to a
25 point of tangency on the southeasterly side of the said
26 Roosevelt Boulevard; thence extending north along the distance
27 of 1265.000 feet to a point on the southeasterly side of the
28 said Roosevelt Boulevard; thence extending eastwardly the
29 distance of 210.000 feet to a point; thence extending in a
30 southerly direction, the distance of 1150 feet to a point of a
19940H2861B4402 - 10 -
1 radius of 100 feet; thence extending in an eastwardly direction
2 275.000 feet more or less to a point along the east side of
3 Lawrence Drive; thence extending in a southerly direction to a
4 point on the northeasterly side of Southampton-Byberry Road;
5 thence extending north 2 degrees 15 minutes 30 seconds west
6 along the northeasterly side of the said Southampton-Byberry
7 Road, the distance of 234.458 feet to a point of curve; thence
8 extending in a northwesterly direction along the northeasterly
9 side of the said Southampton-Byberry Road on a curved line
10 bearing to the left having a radius of 735.000 feet and on an
11 arc distance of 465.018 feet to a point of curve in the first
12 mentioned point and place of beginning.
13 Containing in area 7.2000 acres more or less.
14 (c) The responsibilities required of the Department of
15 Environmental Resources for managing this parcel 7.2-ACRE PARCEL <--
16 AS DESCRIBED IN SUBSECTION (B) in accordance with the act of
17 December 22, 1975 (P.L.606, No.175), entitled "An act
18 authorizing and directing the Department of General Services, or
19 such department and The General State Authority, to convey to
20 Philadelphia or transfer jurisdiction within the State
21 government of certain tracts of Commonwealth real property
22 acquired under the act of September 29, 1938 (Sp. Sess., P.L.53,
23 No.21), entitled, as reenacted and amended, 'An act relating to
24 institutions of counties, cities, wards, boroughs, townships,
25 institution districts and other political subdivisions, for the
26 care, maintenance, and treatment of mental patients; providing
27 for the transfer to the Commonwealth for the care, maintenance
28 and treatment of mental patients of such institutions, and all
29 grounds, lands, buildings and personal property of such
30 political subdivisions used for the care and maintenance of
19940H2861B4402 - 11 -
1 indigent persons connected with such mental institutions;
2 providing for the management and operation or closing and
3 abandonment thereof; and the maintenance of mental patients
4 therein; including the collection of maintenance in certain
5 cases; providing for the retransfer of certain property to
6 counties, cities, wards, boroughs, townships, institution
7 districts and other political subdivisions under certain
8 circumstances; conferring and imposing upon the Governor, the
9 Department of Welfare, the courts of common pleas and counties,
10 cities, wards, boroughs, townships, institution districts and
11 other political subdivisions certain powers and duties;
12 prohibiting cities, counties, wards, boroughs, townships,
13 institution districts and other political subdivisions from
14 maintaining and operating institutions, in whole or in part, for
15 the care and treatment of mental patients; and repealing
16 inconsistent laws,' imposing powers and duties on the Department
17 of Environmental Resources in connection with one such tract,
18 and providing for use of land conveyed to the City of
19 Philadelphia," shall cease.
20 (d) The above described tracts and parcels of land are a
21 part of the same land vested in the Commonwealth of Pennsylvania
22 by the act of September 29, 1938 (Sp.Sess., P.L.53, No.21),
23 entitled, as reenacted and amended, "An act relating to
24 institutions of counties, cities, wards, boroughs, townships,
25 institution districts and other political subdivisions, for the
26 care, maintenance, and treatment of mental patients; providing
27 for the transfer to the Commonwealth for the care, maintenance
28 and treatment of mental patients of such institutions, and all
29 grounds, lands, buildings and personal property of such
30 political subdivisions used for the care and maintenance of
19940H2861B4402 - 12 -
1 indigent persons connected with such mental institutions;
2 providing for the management and operation or closing and
3 abandonment thereof; and the maintenance of mental patients
4 therein; including the collection of maintenance in certain
5 cases; providing for the retransfer of certain property to
6 counties, cities, wards, boroughs, townships, institution
7 districts and other political subdivisions under certain
8 circumstances; conferring and imposing upon the Governor, the
9 Department of Welfare, the courts of common pleas and counties,
10 cities, wards, boroughs, townships, institution districts and
11 other political subdivisions certain powers and duties;
12 prohibiting cities, counties, wards, boroughs, townships,
13 institution districts and other political subdivisions from
14 maintaining and operating institutions, in whole or in part, for
15 the care and treatment of mental patients; and repealing
16 inconsistent laws." The land was subsequently transferred to the
17 use of the Department of Military Affairs by the act of January
18 26, 1966 (1965 P.L.1610, No.569), entitled "An act authorizing
19 the Department of Property and Supplies, with the approval of
20 the Governor, to transfer and convey to the Department of
21 Military Affairs 17.6885 acres, more or less, of land situate in
22 the fifty-eighth ward of the City of Philadelphia,
23 Pennsylvania," and the act of December 10, 1969 (P.L.360,
24 No.157), entitled "An act authorizing the Department of Property
25 and Supplies to transfer the jurisdiction and control over 7.852
26 acres of land situate in the 58th Ward of the City of
27 Philadelphia, Pennsylvania, to the Department of Military
28 Affairs with the approval of the Secretary of Public Welfare and
29 the Governor."
30 (e) The above transfers shall be made under and subject,
19940H2861B4402 - 13 -
1 nevertheless, to all easements, servitudes and rights of others,
2 including, but not confined to, streets, roadways and rights of
3 any telephone, telegraph, water, electric, gas or pipeline
4 companies, as well as under and subject, nevertheless, to any
5 estate or tenancies vested in third persons, whether or not
6 appearing of record, for any portion of the said land or
7 improvements erected thereon.
8 Section 2. (F) The parcels of land herein described IN THIS <--
9 SECTION, and the jurisdiction and control over the same herein
10 authorized to be transferred shall be transferred free and clear
11 of any limitations or rights of reversion more particularly set
12 forth in section 1 of the act of September 29, 1938 (Sp.Sess.,
13 P.L.53, No.21), entitled, as reenacted and amended, "An act
14 relating to institutions of counties, cities, wards, boroughs,
15 townships, institution districts and other political
16 subdivisions, for the care, maintenance, and treatment of mental
17 patients; providing for the transfer to the Commonwealth for the
18 care, maintenance and treatment of mental patients of such
19 institutions, and all grounds, lands, buildings and personal
20 property of such political subdivisions used for the care and
21 maintenance of indigent persons connected with such mental
22 institutions; providing for the management and operation or
23 closing and abandonment thereof; and the maintenance of mental
24 patients therein; including the collection of maintenance in
25 certain cases; providing for the retransfer of certain property
26 to counties, cities, wards, boroughs, townships, institution
27 districts and other political subdivisions under certain
28 circumstances; conferring and imposing upon the Governor, the
29 Department of Welfare, the courts of common pleas and counties,
30 cities, wards, boroughs, townships, institution districts and
19940H2861B4402 - 14 -
1 other political subdivisions certain powers and duties;
2 prohibiting cities, counties, wards, boroughs, townships,
3 institution districts and other political subdivisions from
4 maintaining and operating institutions, in whole or in part, for
5 the care and treatment of mental patients; and repealing
6 inconsistent laws."
7 Section 3. (G) Upon the appropriation of the necessary funds <--
8 by the General Assembly, the Department of General Services
9 shall be authorized and directed to construct a veterans home on
10 the land described in section 1(b) SUBSECTION (B). Jurisdiction <--
11 to the land described in section 1(b) SUBSECTION (B) shall be <--
12 transferred to the Department of Military Affairs upon
13 completion of the construction of the veterans home.
14 SECTION 2. (A) THE COMMONWEALTH OF PENNSYLVANIA OWNS THE <--
15 LANDS WITHIN THE BED OF THE DELAWARE RIVER, A PORTION OF WHICH
16 LANDS ARE LOCATED IN THE FIRST WARD OF THE CITY OF PHILADELPHIA,
17 COMMONLY KNOWN AS PIERS 53 THROUGH 57. THE CITY OF PHILADELPHIA
18 DESIRES TO ELIMINATE THE BLIGHT AND DETERIORATION WHICH NOW
19 EXIST IN THIS AREA AND UNDERTAKE THE REDEVELOPMENT OF VARIOUS
20 SITES WITHIN THIS AREA FOR THE SUBSTANTIAL BENEFIT OF THE PEOPLE
21 OF THE CITY OF PHILADELPHIA AND THE SURROUNDING REGIONS. THE
22 COMMONWEALTH HAS AGREED TO ASSIST THE CITY OF PHILADELPHIA IN
23 THE RENEWAL OF THIS AREA BY LEASING A PORTION OF THE BED OF THE
24 DELAWARE RIVER TO THE CITY OF PHILADELPHIA AS HEREINAFTER
25 PROVIDED.
26 (B) THE DEPARTMENT OF GENERAL SERVICES, WITH THE CONCURRENCE
27 OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, ACTING ON BEHALF
28 OF THE COMMONWEALTH OF PENNSYLVANIA, FOR A CONSIDERATION OF $1,
29 IS HEREBY AUTHORIZED TO LEASE TO THE CITY OF PHILADELPHIA FOR AN
30 INITIAL TERM OF 99 YEARS (THE "INITIAL TERM") LANDS WITHIN THE
19940H2861B4402 - 15 -
1 BED OF THE DELAWARE RIVER IN THE CITY OF PHILADELPHIA, AND
2 GRANTING TO THE CITY OF PHILADELPHIA THE RIGHT TO EXTEND THE
3 PERIOD FOR ALL OR ANY PORTION OF THE LEASED PREMISES FOR AN
4 ADDITIONAL 99 YEARS (THE "RENEWAL TERM") UPON NOTICE GIVEN NO
5 LESS THAN TEN YEARS PRIOR TO THE EXPIRATION OF THE INITIAL TERM.
6 THESE LANDS ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
7 LEGAL DESCRIPTION OF PIER 53 PREMISES
8 ALL THAT CERTAIN LOT OR PIECE OF GROUND TOGETHER WITH THE
9 IMPROVEMENTS THEREON ERECTED, SITUATE IN THE FIRST WARD OF THE
10 CITY OF PHILADELPHIA AND DESCRIBED ACCORDING TO A PLAN OF
11 PROPERTY BY JOHN STEFANCO, SURVEYOR AND REGULATOR OF THE SECOND
12 SURVEY DISTRICT, DATED NOVEMBER 4, 1974 AND REVISED DECEMBER 18,
13 1974; BEING REVISED PARTIALLY ON A PLAN OF PROPERTY BY RALPH F.
14 BIANCO, SURVEYOR AND REGULATOR OF THE SECOND SURVEY DISTRICT,
15 DATED MARCH 1, 1984; ALSO BEING REVISED PARTIALLY ON A PLAN OF
16 PROPERTY BY EVANS SPARKS, SURVEYOR AND REGULATOR OF THE SECOND
17 SURVEY DISTRICT, DATED FEBRUARY 23, 1988:
18 BEGINNING AT AN INTERIOR POINT FORMED BY THE INTERSECTION OF
19 THE FOLLOWING TWO COURSES AND DISTANCES, NORTH 14 DEGREES 46
20 MINUTES 39 SECONDS EAST, THE DISTANCE OF 781.002 FEET
21 NORTHWARDLY FROM THE NORTHERLY SIDE OF REED STREET (50 FEET WIDE
22 BEARING SOUTH 75 DEGREES 13 MINUTES 21 SECONDS EAST); SOUTH 75
23 DEGREES 20 MINUTES 21 SECONDS EAST, THE DISTANCE OF 231.805 FEET
24 EASTWARDLY FROM THE EASTERLY SIDE OF DELAWARE AVENUE (150 FEET
25 WIDE BEARING NORTH 14 DEGREES 39 MINUTES 39 SECONDS EAST);
26 THENCE EXTENDING FROM SAID POINT OF BEGINNING, NORTH 49 MINUTES
27 15 SECONDS WEST, THE DISTANCE OF 160.856 FEET TO A POINT; THENCE
28 EXTENDING NORTH 79 DEGREES 53 MINUTES 4 SECONDS EAST, THE
29 DISTANCE OF 24.808 FEET TO A POINT; THENCE EXTENDING NORTH 10
30 DEGREES 3 MINUTES WEST, THE DISTANCE OF 15 FEET TO A POINT;
19940H2861B4402 - 16 -
1 THENCE EXTENDING SOUTH 79 DEGREES 53 MINUTES 4 SECONDS WEST, THE
2 DISTANCE OF 22.723 FEET TO A POINT; THENCE EXTENDING NORTH 4
3 DEGREES 56 MINUTES 56 SECONDS WEST, THE DISTANCE OF 99.228 FEET
4 TO A POINT; THENCE EXTENDING SOUTH 80 DEGREES 53 MINUTES 4
5 SECONDS WEST, THE DISTANCE OF 7 FEET TO A POINT ON AN ARC;
6 THENCE EXTENDING ALONG AN ARC CURVING TO THE RIGHT HAVING A
7 RADIUS OF 698.835 FEET, A CENTRAL ANGLE OF ELEVEN DEGREES 29
8 MINUTES 44 SECONDS, AN ARC DISTANCE OF 140.211 FEET TO A POINT
9 OF TANGENCY; THENCE EXTENDING NORTH 44 MINUTES 16 SECONDS WEST,
10 THE DISTANCE OF 57.333 FEET TO A POINT ON THE FORMER CENTER LINE
11 OF FORMER WASHINGTON AVENUE (100 FEET WIDE); THENCE EXTENDING
12 ALONG THE CENTER LINE OF FORMER WASHINGTON AVENUE AND CROSSING
13 THE BED OF A 30-FOOT-WIDE PRIVATE DRIVEWAY AND THE BULKHEAD LINE
14 (APPROVED BY THE SECRETARY OF WAR, SEPTEMBER 10, 1940); SOUTH 75
15 DEGREES 14 MINUTES 21 SECONDS EAST, THE DISTANCE OF 940.350 FEET
16 TO A POINT ON THE PIERHEAD LINE (APPROVED BY THE SECRETARY OF
17 WAR, SEPTEMBER 10, 1940); THENCE EXTENDING ALONG THE SAID
18 PIERHEAD LINE, SOUTH 1 DEGREE 32 MINUTES 57 SECONDS EAST, THE
19 DISTANCE OF 422.516 FEET TO A POINT; THENCE EXTENDING NORTH 75
20 DEGREES 13 MINUTES 21 SECONDS WEST, RECROSSING THE SAID BULKHEAD
21 LINE; THE DISTANCE OF 690.031 FEET TO A POINT; THENCE EXTENDING
22 NORTH 6 DEGREES 35 MINUTES 30 SECONDS WEST, THE DISTANCE OF
23 58.388 FEET TO A POINT; THENCE EXTENDING SOUTH 79 DEGREES 54
24 MINUTES WEST, THE DISTANCE OF 19.120 FEET TO A POINT; THENCE
25 EXTENDING SOUTH 10 DEGREES 6 MINUTES EAST, THE DISTANCE OF 4.10
26 FEET TO A POINT; THENCE EXTENDING SOUTH 79 DEGREES 54 MINUTES
27 WEST, AND CROSSING THE BED OF THE AFOREMENTIONED 30-FOOT-WIDE
28 PRIVATE DRIVEWAY, THE DISTANCE OF 196.802 FEET TO THE FIRST
29 MENTIONED POINT AND PLACE OF BEGINNING.
30 CONTAINING IN TOTAL AREA 374,026.6 SQUARE FEET, 8.58647
19940H2861B4402 - 17 -
1 ACRES.
2 DESCRIPTION OF 30-FOOT-WIDE PRIVATE DRIVEWAY WITHIN THE
3 PROPERTY OF PIER 53 SOUTH:
4 ALL THAT CERTAIN LOT OR PIECE OF GROUND DESCRIBED AS A 30-
5 FOOT-WIDE PRIVATE DRIVEWAY AS SHOWN ON A PLAN OF PROPERTY,
6 SITUATE IN THE FIRST WARD OF THE CITY OF PHILADELPHIA, BY JOHN
7 STEFANCO, SURVEYOR AND REGULATOR OF THE SECOND SURVEY DISTRICT
8 DATED NOVEMBER 4, 1974, AND REVISED DECEMBER 18, 1974; BEING
9 REVISED PARTIALLY ON A PLAN OF PROPERTY BY RALPH F. BIANCO,
10 SURVEYOR AND REGULATOR OF THE SECOND SURVEY DISTRICT, DATED
11 MARCH 1, 1984; ALSO BEING REVISED PARTIALLY ON A PLAN OF
12 PROPERTY BY EVANS SPARKS, SURVEYOR AND REGULATOR OF THE SECOND
13 SURVEY DISTRICT, DATED FEBRUARY 23, 1988:
14 BEGINNING AT AN INTERIOR POINT FORMED BY THE INTERSECTION OF
15 THE FOLLOWING TWO COURSES AND DISTANCES: (1) NORTH 14 DEGREES 46
16 MINUTES 39 SECONDS EAST, THE DISTANCE OF 802.293 FEET
17 NORTHWARDLY FROM THE NORTHERLY SIDE OF REED STREET, (50 FEET
18 WIDE BEARING SOUTH 75 DEGREES 13 MINUTES 21 SECONDS EAST), (2)
19 SOUTH 75 DEGREES 20 MINUTES 21 SECONDS EAST, THE DISTANCE OF
20 277.764 FEET EASTWARDLY FROM THE EASTERLY SIDE OF DELAWARE
21 AVENUE, (150 FEET WIDE BEARING NORTH 14 DEGREES 39 MINUTES 39
22 SECONDS EAST); THENCE EXTENDING FROM SAID POINT OF BEGINNING
23 NORTH 10 DEGREES 3 MINUTES WEST, THE DISTANCE OF 173.758 FEET TO
24 A POINT; THENCE EXTENDING NORTH 14 DEGREES 52 MINUTES 4 SECONDS
25 EAST, THE DISTANCE OF 180.551 FEET TO A POINT; THENCE EXTENDING
26 NORTH 17 DEGREES 35 MINUTES 1 SECOND WEST, THE DISTANCE OF 102
27 FEET TO A POINT ON THE CENTER LINE OF FORMER WASHINGTON AVENUE,
28 (100 FEET WIDE); THENCE EXTENDING ALONG SAID FORMER CENTER LINE
29 OF WASHINGTON AVENUE, SOUTH 75 DEGREES 14 MINUTES 21 SECONDS
30 EAST, THE DISTANCE OF 35.510 FEET TO A POINT; THENCE EXTENDING
19940H2861B4402 - 18 -
1 SOUTH 17 DEGREES 35 MINUTES 1 SECOND EAST, THE DISTANCE OF
2 91.729 FEET TO A POINT; THENCE EXTENDING SOUTH 14 DEGREES 52
3 MINUTES 4 SECONDS WEST, THE DISTANCE OF 182.646 FEET TO A POINT;
4 THENCE EXTENDING SOUTH 10 DEGREES 3 MINUTES EAST, THE DISTANCE
5 OF 167.104 FEET TO A POINT; THENCE EXTENDING SOUTH 79 DEGREES 54
6 MINUTES WEST, THE DISTANCE OF 30 FEET TO THE FIRST MENTIONED
7 POINT AND PLACE OF BEGINNING.
8 AREA OF 30-FOOT-WIDE PRIVATE DRIVEWAY IS 13466.2 SQUARE FEET,
9 0.30914 ACRES.
10 EXCEPTING THEREFROM THE FOLLOWING PARCELS:
11 ALL THOSE TWO CERTAIN INTERIOR LOTS OR PIECES OF GROUND
12 SITUATE IN THE FIRST WARD OF THE CITY OF PHILADELPHIA AND
13 DESCRIBED ACCORDING TO A PLAN OF PROPERTIES BY RALPH F. BIANCO,
14 SURVEYOR AND REGULATOR OF THE SECOND SURVEY DISTRICT, DATED
15 MARCH 1, 1984.
16 LOT NO. 1
17 BEGINNING AT AN INTERIOR POINT ON THE CENTER LINE OF FORMER
18 WASHINGTON AVENUE, 100 FEET WIDE, LOCATED THE FOLLOWING FOUR
19 COURSES AND DISTANCES FROM THE EASTERLY SIDE OF DELAWARE AVENUE,
20 150 FEET WIDE AND THE NORTHERLY SIDE OF TASKER STREET, 50 FEET
21 WIDE (1) THENCE EXTENDING ALONG THE SAID SIDE OF DELAWARE AVENUE
22 NORTH 14 DEGREES 41 MINUTES 39 SECONDS EAST, THE DISTANCE OF 899
23 FEET 1/2 INCH TO A POINT; THENCE STILL CONTINUING ALONG THE SAID
24 SIDE OF DELAWARE AVENUE, NORTH 14 DEGREES 39 MINUTES 39 SECONDS
25 EAST, THE DISTANCE OF 1037 FEET 6 1/2 INCHES TO A POINT; THENCE
26 STILL CONTINUING ALONG THE SAID SIDE OF DELAWARE AVENUE, NORTH
27 14 DEGREES 35 MINUTES 9 SECONDS EAST, THE DISTANCE OF 50 FEET TO
28 THE SAID CENTER LINE OF FORMER WASHINGTON AVENUE; THENCE
29 EXTENDING ALONG THE SAID CENTER LINE OF FORMER WASHINGTON
30 AVENUE, SOUTH 75 DEGREES 14 MINUTES 21 SECONDS EAST, THE
19940H2861B4402 - 19 -
1 DISTANCE OF 79 FEET 1 3/8 INCHES TO THE POINT AND PLACE OF
2 BEGINNING; THENCE STILL CONTINUING ALONG THE SAID CENTER LINE OF
3 FORMER WASHINGTON AVENUE, SOUTH 75 DEGREES 14 MINUTES 21 SECONDS
4 EAST, THE DISTANCE OF 72 FEET 3 1/2 INCHES TO A POINT ON THE
5 WESTERLY SIDE OF A 30-FOOT-WIDE DRIVEWAY EASEMENT LEADING
6 SOUTHWARDLY FROM THE SAID CENTER LINE OF FORMER WASHINGTON
7 AVENUE; THENCE EXTENDING ALONG THE SAID SIDE OF EASEMENT SOUTH
8 17 DEGREES 35 MINUTES 1 SECOND EAST, THE DISTANCE OF 102 FEET TO
9 A POINT; THENCE STILL CONTINUING ALONG THE SAID SIDE OF EASEMENT
10 SOUTH 14 DEGREES 52 MINUTES 4 SECONDS WEST, THE DISTANCE OF
11 180.551 FEET TO A POINT; THENCE EXTENDING SOUTH 79 DEGREES 53
12 MINUTES 4 SECONDS WEST, THE DISTANCE OF 22 FEET 8 5/8 INCHES TO
13 A POINT; THENCE EXTENDING NORTH 4 DEGREES 56 MINUTES 56 SECONDS
14 WEST, THE DISTANCE OF 99 FEET 2 3/4 INCHES TO A POINT; THENCE
15 EXTENDING SOUTH 80 DEGREES 53 MINUTES 4 SECONDS WEST, THE
16 DISTANCE OF 7 FEET TO A POINT OF CURVE; THENCE EXTENDING ALONG
17 AN ARC CURVING TO THE RIGHT, HAVING A RADIUS OF 698 FEET 10
18 INCHES, AN ARC DISTANCE OF 140 FEET 2 1/2 INCHES AND SUBTENDING
19 A CENTRAL ANGLE OF 11 DEGREES 29 MINUTES 44 SECONDS TO A POINT
20 OF TANGENCY; THENCE EXTENDING NORTH 44 MINUTES 16 SECONDS WEST,
21 THE DISTANCE OF 57 FEET 4 INCHES TO THE CENTER LINE OF FORMER
22 WASHINGTON AVENUE, BEING THE FIRST MENTIONED POINT AND PLACE OF
23 BEGINNING.
24 CONTAINING IN AREA 19031.3 SQUARE FEET 0.43690 ACRES.
25 LOT NO. 2
26 BEGINNING AT AN INTERIOR POINT ON THE WESTERLY SIDE OF A 30-
27 FOOT-WIDE DRIVEWAY EASEMENT LEADING SOUTHWARDLY FROM THE CENTER
28 LINE OF FORMER WASHINGTON AVENUE, 100 FEET WIDE, THE FOLLOWING
29 SEVEN COURSES AND DISTANCES FROM THE INTERSECTION OF THE
30 EASTERLY SIDE OF DELAWARE AVENUE, 150 FEET WIDE AND THE
19940H2861B4402 - 20 -
1 NORTHERLY SIDE OF TASKER STREET, 50 FEET WIDE; THENCE EXTENDING
2 ALONG THE SAID SIDE OF DELAWARE AVENUE (1) NORTH 14 DEGREES 41
3 MINUTES 39 SECONDS EAST, THE DISTANCE OF 899 FEET 1/2 INCH TO A
4 POINT; (2) THENCE STILL CONTINUING ALONG THE SAID SIDE OF
5 DELAWARE AVENUE, NORTH 14 DEGREES 39 MINUTES 39 SECONDS EAST,
6 THE DISTANCE OF 1037 FEET 6 1/2 INCHES TO A POINT; (3) THENCE
7 STILL CONTINUING ALONG THE SAID SIDE OF DELAWARE AVENUE, NORTH
8 14 DEGREES 35 MINUTES 9 SECONDS EAST, THE DISTANCE OF 50 FEET TO
9 THE SAID CENTER LINE OF FORMER WASHINGTON AVENUE; (4) THENCE
10 EXTENDING ALONG THE SAID CENTER LINE OF FORMER WASHINGTON
11 AVENUE, SOUTH 75 DEGREES 14 MINUTES 21 SECONDS EAST, THE
12 DISTANCE OF 151 FEET 4 7/8 INCHES TO THE WESTERLY SIDE OF SAID
13 EASEMENT; (5) THENCE EXTENDING ALONG SAID SIDE OF EASEMENT SOUTH
14 17 DEGREES 35 MINUTES 1 SECOND EAST, THE DISTANCE OF 102 FEET TO
15 A POINT; (6) THENCE STILL CONTINUING ALONG THE SAID SIDE OF
16 EASEMENT SOUTH 14 DEGREES 52 MINUTES 4 SECONDS WEST THE DISTANCE
17 OF 180.551 FEET TO A POINT; (7) THENCE STILL CONTINUING ALONG
18 THE SAID SIDE OF EASEMENT, SOUTH 10 DEGREES 3 MINUTES EAST, THE
19 DISTANCE OF 15 FEET TO A POINT AND PLACE OF BEGINNING; THENCE
20 STILL CONTINUING ALONG THE SAID SIDE OF EASEMENT, SOUTH 10
21 DEGREES 3 MINUTES EAST, THE DISTANCE OF 158 FEET 9 1/8 INCHES TO
22 A POINT; THENCE EXTENDING SOUTH 79 DEGREES 54 MINUTES WEST, THE
23 DISTANCE OF 50 FEET 7 3/8 INCHES TO A POINT; THENCE EXTENDING
24 NORTH 49 MINUTES 15 SECONDS WEST, THE DISTANCE OF 160 FEET 10
25 1/4 INCHES TO A POINT; THENCE EXTENDING NORTH 79 DEGREES 53
26 MINUTES 4 SECONDS EAST, THE DISTANCE OF 24 FEET 9 3/4 INCHES TO
27 THE WESTERLY SIDE OF SAID EASEMENT, BEING THE FIRST MENTIONED
28 POINT AND PLACE OF BEGINNING.
29 CONTAINING IN AREA 5987 SQUARE FEET, 0.13744 ACRES.
30 AND IN ORDINANCE OF THE COUNCIL OF THE CITY OF PHILADELPHIA,
19940H2861B4402 - 21 -
1 BILL 119, APPROVED BY THE MAYOR ON MAY 15, 1984, AUTHORIZED THE
2 SALE OF THE HEREINABOVE-DESCRIBED PREMISES TO THE PHILADELPHIA
3 AUTHORITY FOR INDUSTRIAL DEVELOPMENT, UNDER CERTAIN TERMS AND
4 CONDITIONS.
5 UNDER AND SUBJECT TO THE TERMS AND CONDITIONS OF THE
6 PHILADELPHIA INDUSTRIAL AND COMMERCIAL DEVELOPMENT AGREEMENT
7 BETWEEN THE CITY OF PHILADELPHIA, THE PHILADELPHIA AUTHORITY FOR
8 INDUSTRIAL DEVELOPMENT AND THE PHILADELPHIA INDUSTRIAL
9 DEVELOPMENT CORPORATION.
10 LEGAL DESCRIPTION OF RIVERBED PREMISES
11 THAT PORTION OF THE FOLLOWING PREMISES WHICH IS EAST OF THE
12 BULKHEAD LINE CONTAINING IN TOTAL AREA 477.859 SQUARE FEET OR
13 10.97013 ACRES:
14 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS
15 AND IMPROVEMENTS THEREON ERECTED, SITUATE IN THE FIRST WARD OF
16 THE CITY OF PHILADELPHIA AND DESCRIBED ACCORDING TO A PLAN OF
17 PROPERTY BY EVANS SPARKS, SURVEYOR AND REGULATOR OF THE SECOND
18 SURVEY DISTRICT, DATED FEBRUARY 23, 1988, AS FOLLOWS:
19 BEGINNING AT A POINT ON THE EASTERLY SIDE OF DELAWARE AVENUE
20 (150 FEET WIDE), LOCATED NORTHWARDLY THE DISTANCE OF 1038 FEET 1
21 7/8 INCHES FROM THE POINT OF INTERSECTION OF THE NORTHERLY SIDE
22 OF TASKER STREET (50 FEET WIDE) AND THE EASTERLY SIDE OF THE
23 SAID DELAWARE AVENUE; THENCE EXTENDING NORTH 14 DEGREES 39
24 MINUTES 39 SECONDS EAST ALONG THE SAID EASTERLY SIDE OF DELAWARE
25 AVENUE, THE DISTANCE OF 62 FEET 5 1/2 INCHES TO A POINT; THENCE
26 EXTENDING SOUTH 75 DEGREES 14 MINUTES 21 SECONDS EAST ALONG A
27 LINE, THE DISTANCE OF 260 FEET 1 1/2 INCHES TO A POINT; THENCE
28 EXTENDING NORTH 14 DEGREES 39 MINUTES 39 SECONDS EAST ALONG A
29 LINE, THE DISTANCE OF 638 FEET 11 INCHES TO A POINT ON THE
30 WESTERLY SIDE OF A 30-FOOT-WIDE DRIVEWAY EASEMENT; THENCE
19940H2861B4402 - 22 -
1 EXTENDING SOUTH 10 DEGREES 3 MINUTES EAST ALONG THE SAID
2 DRIVEWAY EASEMENT, THE DISTANCE OF 42 FEET 2 INCHES TO A POINT;
3 THENCE EXTENDING NORTH 79 DEGREES 54 MINUTES EAST, CROSSING THE
4 SAID DRIVEWAY EASEMENT, THE DISTANCE OF 146 FEET 2 1/4 INCHES TO
5 A POINT; THENCE EXTENDING NORTH 10 DEGREES 6 MINUTES WEST, THE
6 DISTANCE OF 4 FEET 1 1/4 INCHES TO A POINT; THENCE EXTENDING
7 NORTH 79 DEGREES 54 MINUTES EAST, THE DISTANCE OF 19 FEET 1 1/2
8 INCHES TO A POINT; THENCE EXTENDING SOUTH 6 DEGREES 35 MINUTES
9 30 SECONDS EAST, THE DISTANCE OF 58 FEET 4 5/8 INCHES TO A
10 POINT; THENCE EXTENDING SOUTH 75 DEGREES 13 MINUTES 21 SECONDS
11 EAST, CROSSING THE BULKHEAD LINE APPROVED BY THE SECRETARY OF
12 WAR, SEPTEMBER 10, 1940, AUGUST 9, 1909 AND JANUARY 20, 1891,
13 THE DISTANCE OF 690 FEET 1 5/8 INCHES TO A POINT ON THE PIERHEAD
14 LINE OF THE DELAWARE RIVER APPROVED BY THE SECRETARY OF WAR,
15 SEPTEMBER 10, 1940, AUGUST 9, 1909 AND JANUARY 20, 1891; THENCE
16 EXTENDING ALONG THE SAID PIERHEAD LINE SOUTH 1 DEGREE 32 MINUTES
17 57 SECONDS EAST, THE DISTANCE OF 386 FEET 4 1/8 INCHES TO A
18 POINT; THENCE CONTINUING ALONG THE SAID PIERHEAD LINE, SOUTH 8
19 DEGREES 55 MINUTES 55.5 SECONDS EAST, THE DISTANCE OF 491 FEET
20 11 1/4 INCHES TO A POINT ON THE NORTHERLY SIDE OF REED STREET
21 (50 FEET WIDE) STRICKEN FROM CITY PLAN AND VACATED AND RESERVED
22 AS A RIGHT-OF-WAY FOR DRAINAGE, WATER MAIN AND GAS PURPOSES;
23 THENCE EXTENDING ALONG SAME, NORTH 75 DEGREES 13 MINUTES 21
24 SECONDS WEST, RECROSSING THE SAID BULKHEAD LINE AND 30-FOOT-WIDE
25 DRIVEWAY EASEMENT, THE DISTANCE OF 632 FEET 1 1/2 INCHES TO A
26 POINT ON THE WESTERLY SIDE OF SAID DRIVEWAY EASEMENT; THENCE
27 EXTENDING NORTH 12 DEGREES 24 MINUTES 31 SECONDS WEST, ALONG
28 SAID DRIVEWAY EASEMENT, THE DISTANCE OF 136 FEET 1/4 INCH TO A
29 POINT; THENCE EXTENDING NORTH 14 DEGREES 50 MINUTES 59 SECONDS
30 EAST, PARTLY ALONG A 25-FOOT-WIDE DRIVEWAY EASEMENT, THE
19940H2861B4402 - 23 -
1 DISTANCE OF 21 FEET 1/8 INCH TO A POINT; THENCE EXTENDING NORTH
2 75 DEGREES 13 MINUTES 21 SECONDS WEST, THE DISTANCE OF 492 FEET
3 11 3/4 INCHES TO A POINT; THENCE EXTENDING SOUTH 14 DEGREES 46
4 MINUTES 39 SECONDS WEST, THE DISTANCE OF 51 FEET 3 1/8 INCHES TO
5 A POINT; THENCE EXTENDING NORTH 64 DEGREES 29 MINUTES 30 SECONDS
6 WEST, THE DISTANCE OF 259 FEET 9 5/8 INCHES TO THE EASTERLY SIDE
7 OF SAID DELAWARE AVENUE, BEING THE FIRST MENTIONED POINT AND
8 PLACE OF BEGINNING.
9 (C) THE LEASE AND ANY OTHER DOCUMENTS HEREBY CONTEMPLATED
10 SHALL BE APPROVED BY THE ATTORNEY GENERAL AND SHALL BE EXECUTED
11 BY THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
12 DEPARTMENT OF ENVIRONMENTAL RESOURCES, IN THE NAME OF THE
13 COMMONWEALTH OF PENNSYLVANIA. THE LEASE SHALL GRANT THE LESSEE,
14 CITY OF PHILADELPHIA, THE RIGHT TO SUBLEASE OR PERMIT THE
15 SUBLEASE OF THE ABOVE-DESCRIBED PREMISES FOR THE PURPOSES OF
16 DEVELOPMENT FOR RESIDENTIAL, OFFICE, COMMERCIAL, CONDOMINIUM,
17 HOTEL, MARINA OR OTHER USES, AND THE LEASE SHALL SPECIFICALLY
18 INCLUDE THE FOLLOWING CONDITIONS:
19 UNDER AND SUBJECT, NEVERTHELESS, TO THE CONDITION THAT IF
20 THE SAID LESSEE, CITY OF PHILADELPHIA, SHOULD SUBLEASE OR
21 PERMIT THE SUBLEASE OF OR OTHERWISE TRANSFER THE ABOVE-
22 DESCRIBED PREMISES DURING SAID INITIAL TERM OTHER THAN TO
23 A DEPARTMENT OR AGENCY OR POLITICAL SUBDIVISION OF THE
24 CITY OR TO THE COMMONWEALTH OF PENNSYLVANIA OR A
25 DEPARTMENT OR AGENCY OR POLITICAL SUBDIVISION OF THE
26 COMMONWEALTH, THE NET RENTALS RECEIVED BY THE SAID
27 LESSEE, CITY OF PHILADELPHIA, UPON SUCH SUBLEASE OR
28 TRANSFER SHALL BE RECEIVED, HELD AND APPLIED AS FOLLOWS:
29 FIRST, TO REIMBURSE SAID LESSEE, CITY OF PHILADELPHIA,
30 FOR THE COSTS AND EXPENSES OF SAID SUBLEASE OR TRANSFER,
19940H2861B4402 - 24 -
1 INCLUDING, WITHOUT LIMITATION, APPRAISAL FEES, TITLE
2 INSURANCE CHARGES, MARKETING COSTS, ATTORNEY FEES AND
3 OTHER COSTS AND EXPENSES, SIMILAR AND DISSIMILAR;
4 SECOND, TO REIMBURSE SAID LESSEE, CITY OF PHILADELPHIA,
5 OR ANY DEPARTMENT OR AGENCY OR POLITICAL SUBDIVISION
6 THEREOF, FOR THE COST OF ANY IMPROVEMENTS NOW OR
7 HEREAFTER ERECTED ON THE ABOVE-DESCRIBED PREMISES,
8 INCLUDING, WITHOUT LIMITATION, THE COST OF ANY PIERS,
9 WHARVES, BULKHEADING, WATER AND SEWER LINES AND
10 CONNECTIONS, AND OTHER IMPROVEMENTS, SIMILAR OR
11 DISSIMILAR, AND THE FAIR MARKET VALUE OF ANY RIGHTS TO
12 DEVELOP SPACE OVER THE ABOVE-DESCRIBED PREMISES; AND
13 THIRD, THE BALANCE OF SAID NET RENTALS SHALL BE PAID 50%
14 TO THE SAID LESSOR, COMMONWEALTH OF PENNSYLVANIA, OR ITS
15 DESIGNEE OR ASSIGNEE, AND 50% TO THE SAID LESSEE, CITY OF
16 PHILADELPHIA, OR ITS DESIGNEE OR ASSIGNEE, IN
17 CONSIDERATION OF THEIR RESPECTIVE INTERESTS IN THE ABOVE-
18 DESCRIBED PREMISES PURSUANT TO SAID LEASE.
19 AND FURTHER PROVIDED, THAT IF THE SAID LESSEE, CITY OF
20 PHILADELPHIA, SHOULD SUBLEASE OR PERMIT THE SUBLEASE OF
21 OR OTHERWISE TRANSFER THE ABOVE-DESCRIBED PREMISES DURING
22 THE SAID RENEWAL TERM OTHER THAN TO A DEPARTMENT OR
23 AGENCY OR POLITICAL SUBDIVISION OF THE CITY OR TO THE
24 COMMONWEALTH OF PENNSYLVANIA OR A DEPARTMENT OR AGENCY OR
25 POLITICAL SUBDIVISION OF THE COMMONWEALTH, THE CITY OF
26 PHILADELPHIA SHALL REQUIRE PAYMENT OF QUARTER-ANNUAL OR
27 OTHER MORE FREQUENT PERIODIC PAYMENTS OF RENT
28 REPRESENTING THE FAIR MARKET VALUE RENT FOR THAT PORTION
29 OF THE SAID LANDS SUBLEASED OR OTHERWISE TRANSFERRED AS
30 OF THE DATE OF THE COMMENCEMENT OF THE RENEWAL TERM, AND
19940H2861B4402 - 25 -
1 SUCH FAIR MARKET VALUE RENT SHALL BE RECEIVED, HELD AND
2 APPLIED IN ACCORDANCE WITH SUBPARAGRAPHS FIRST, SECOND
3 AND THIRD ABOVE.
4 THE "FAIR MARKET VALUE RENT" SHALL BE THE RENT WHICH A
5 WILLING TENANT WOULD PAY TO A WILLING LANDLORD PURSUANT
6 TO AN ARM'S-LENGTH TRANSACTION FOR THE LEASE OF THAT
7 PORTION OF THE PREMISES AS IF IT WERE A PARCEL IMPROVED
8 WITH ROADS AND UTILITIES, BUT EXCLUSIVE OF THE OTHER
9 IMPROVEMENTS CONSTRUCTED THEREON AS DETERMINED BY ONE
10 APPRAISER SELECTED JOINTLY BY THE CITY AND THE
11 COMMONWEALTH, OR, IF THE CITY AND THE COMMONWEALTH DO NOT
12 AGREE ON THE SELECTION, BY THREE APPRAISERS SELECTED AS
13 FOLLOWS: ONE APPRAISER SHALL BE SELECTED BY THE
14 COMMONWEALTH, ONE APPRAISER SHALL BE SELECTED BY THE
15 CITY, AND ONE APPRAISER SHALL BE SELECTED BY THE
16 APPRAISERS SELECTED BY THE CITY AND THE COMMONWEALTH;
17 PROVIDED, HOWEVER, THAT IF THE APPRAISERS SELECTED BY THE
18 CITY AND THE COMMONWEALTH ARE UNABLE TO AGREE UPON THE
19 THIRD APPRAISER, THEN THE THIRD APPRAISER SHALL BE
20 SELECTED BY THE PRESIDENT JUDGE OF THE PHILADELPHIA COURT
21 OF COMMON PLEAS, OR HIS OR HER SUCCESSOR. THE TERM
22 "APPRAISER" SHALL MEAN A PERSON WHO HAS BEEN ENGAGED IN
23 THE BUSINESS OF APPRAISING MULTIFAMILY RESIDENTIAL AND
24 COMMERCIAL REAL ESTATE WITHIN THE AREA OF THE CITY OF
25 PHILADELPHIA FOR A PERIOD OF AT LEAST FIVE YEARS PRIOR TO
26 THE DATE OF HIS OR HER DESIGNATION, AND SHALL BE THEN A
27 MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE
28 APPRAISERS, OR ANY SUCCESSOR THERETO THEN IN EXISTENCE,
29 OR ANY OTHER BODY OR ORGANIZATION SIMILAR IN NATURE TO
30 THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS IF THE
19940H2861B4402 - 26 -
1 AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS IS NOT THEN
2 IN EXISTENCE. EACH APPRAISER SHALL DESIGNATE THE FAIR
3 MARKET VALUE RENT, AND THE RENT PAYABLE DURING THE
4 RENEWAL TERM SHALL BE THE SUM DETERMINED BY ADDING THE
5 TOTAL OF THE FAIR MARKET VALUE RENT DESIGNATED BY EACH
6 APPRAISER AND DIVIDING SUCH TOTAL BY THE NUMBER OF
7 APPRAISERS. THE COST OF THE SERVICES OF SAID APPRAISERS
8 SHALL BE DIVIDED EQUALLY BETWEEN THE CITY AND THE
9 COMMONWEALTH.
10 (D) THE DEPARTMENT OF GENERAL SERVICES, WITH THE CONCURRENCE
11 OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, ACTING ON BEHALF
12 OF THE COMMONWEALTH OF PENNSYLVANIA, IS ALSO SPECIFICALLY
13 AUTHORIZED TO ENTER INTO ONE OR MORE NONDISTURBANCE AGREEMENTS
14 WITH ANY SUBLESSEE OF THE PREMISES DESCRIBED IN THIS SECTION
15 PURSUANT TO WHICH THE COMMONWEALTH WILL AGREE THAT, IF THE
16 COMMONWEALTH SUCCEEDS TO THE INTEREST OF THE CITY OF
17 PHILADELPHIA UNDER SAID SUBLEASE, IT WILL NOT TERMINATE SAID
18 SUBLEASE UNLESS SAID SUBLESSEE IS IN DEFAULT THEREUNDER.
19 (E) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
20 THE ATTORNEY GENERAL, IS HEREBY AUTHORIZED TO EXECUTE, ON BEHALF
21 OF THE COMMONWEALTH OF PENNSYLVANIA, ANY DECLARATION OR OTHER
22 DOCUMENT NECESSARY TO SUBMIT THE PREMISES DESCRIBED IN THIS
23 SECTION OR ANY PORTION THEREOF AND ANY IMPROVEMENTS THEREON TO
24 THE PROVISIONS OF 68 PA.C.S. PART II SUBPART B (RELATING TO
25 CONDOMINIUMS) AS A LEASEHOLD CONDOMINIUM.
26 (F) ALL LEASE REVENUES GENERATED BY THE PROPERTIES DESCRIBED
27 IN THIS SECTION SHALL, LESS THE COSTS DESCRIBED IN SUBSECTION
28 (C), BE SPLIT EVENLY BETWEEN THE CITY OF PHILADELPHIA AND THE
29 COMMONWEALTH.
30 (G) IN THE EVENT THAT PAYMENTS IN LIEU OF REAL PROPERTY
19940H2861B4402 - 27 -
1 TAXES ARE COLLECTED BY THE CITY ON THE PROPERTIES DESCRIBED IN
2 THIS SECTION, THESE REVENUES SHALL BE DIVIDED AMONG THE CITY'S
3 SHARE AND THE SCHOOL DISTRICT'S SHARE IN THE SAME PROPORTION
4 THAT REAL PROPERTY TAX REVENUES WOULD BE DIVIDED.
5 Section 4 3. This act shall take effect immediately. <--
E23L85JLW/19940H2861B4402 - 28 -