PRIOR PRINTER'S NO. 468 PRINTER'S NO. 973
No. 456 Session of 1979
INTRODUCED BY FUMO, LYNCH, SMITH AND McKINNEY, MARCH 13, 1979
AS AMENDED ON THIRD CONSIDERATION, JUNE 26, 1979
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Department of Environmental Resources, to
3 sell and convey to the City of Philadelphia certain lands
4 SUBJECT TO CERTAIN CONDITIONS within the bed of the Delaware <--
5 River in the fifth ward of the City of Philadelphia,
6 Pennsylvania.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 SECTION 1. THE COMMONWEALTH OF PENNSYLVANIA OWNS THE LANDS <--
10 WITHIN THE BED OF THE DELAWARE RIVER BETWEEN THE BULKHEAD AND
11 PIERHEAD LINES AND A POINT NORTH OF THE NORTH LINE OF MARKET
12 STREET PRODUCED AND A POINT NORTH OF THE NORTH LINE OF RACE
13 STREET PRODUCED IN THE FIFTH WARD OF THE CITY OF PHILADELPHIA,
14 WHICH LANDS CONSIST OF A PORTION OF PENN'S LANDING (STAGE II).
15 PENN'S LANDING IN THE CITY OF PHILADELPHIA IS THE HISTORIC SITE
16 ON THE BANK OF THE DELAWARE RIVER AT WHICH WILLIAM PENN
17 DISEMBARKED TO FOUND THE COLONIAL PROVINCE OF PENNSYLVANIA. THE
18 CITY OF PHILADELPHIA DESIRES TO ELIMINATE THE BLIGHT AND
19 DETERIORATION WHICH NOW EXIST IN THIS HISTORIC AREA AND
20 UNDERTAKE THE REDEVELOPMENT OF THIS SITE FOR THE SUBSTANTIAL
1 BENEFIT OF THE PEOPLE OF THE CITY OF PHILADELPHIA AND THE
2 SURROUNDING AREAS. THE COMMONWEALTH HAS AGREED TO ASSIST THE
3 CITY OF PHILADELPHIA IN THE RENEWAL OF THIS HISTORIC AREA BY
4 CONVEYING A PORTION OF THE BED OF THE DELAWARE RIVER IN PENN'S
5 LANDING (STATE II) TO THE CITY OF PHILADELPHIA AS HEREINAFTER
6 PROVIDED.
7 Section 1. 2. The Department of General Services, with the <--
8 concurrence of the Department of Environmental Resources, acting
9 on behalf of the Commonwealth of Pennsylvania, for a
10 consideration of $1, is hereby authorized to convey in fee to
11 the City of Philadelphia lands within the bed of the Delaware
12 River in the City of Philadelphia, lying between the bulkhead
13 and pierhead lines of the Delaware River, as approved by the
14 United States War Department on January 20, 1891 and
15 reestablished September 10, 1940, and between a point north of
16 the north line of Market Street produced, and a point north of
17 the north line of Race Street produced, in the fifth ward of the
18 City of Philadelphia, containing 16.3804 acres, more or less,
19 and more fully described as follows:
20 All that certain tract of parcel of land situate in the fifth
21 ward of the City of Philadelphia, Pennsylvania, as described as
22 follows:
23 Beginning at a point on the easterly side of Delaware Avenue
24 (variable width), also the bulkhead line as established by the
25 Secretary of War on January 20, 1891 and reestablished September
26 10, 1940, located north 14 degrees 03 minutes 50 seconds east at
27 the distance of 147 feet 0 inches from an angle point, which
28 angle point is also the point of intersection of the said
29 easterly side of Delaware Avenue with the northerly side of
30 Market Street (100 feet wide) produced: thence extending north
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1 14 degrees 03 minutes 50 seconds east along the said easterly
2 side of Delaware Avenue, also the said bulkhead line, 1289 feet
3 5 1/8 inches; thence south 79 degrees 30 minutes 25 seconds east
4 to a point on the pierhead line as established by the Secretary
5 of War on January 20, 1891 and reestablished September 10, 1940;
6 thence extending southwardly along the said pierhead line the
7 following courses and distances: (1) south 14 degrees 51 minutes
8 14 seconds west 763 feet 8 inches: (2) south 11 degrees 13
9 minutes 56 seconds west 579 feet 10 1/4 inches to a point;
10 thence north 09 degrees 53 minutes 40 seconds east the distance
11 of 60 feet 1 5/8 inches to a point; thence north 80 degrees 06
12 minutes 20 seconds west the distance of 182 feet 7 3/8 inches to
13 a point on the easterly side of Delaware Avenue, also the said
14 bulkhead line, the first mentioned point and place of beginning.
15 Containing an area of 16.3804 acres, more or less.
16 Section 2. The Deed of Conveyance hereby contemplated shall <--
17 be approved by the Department of Justice and shall be executed
18 by the Department of General Services, with the approval of the
19 Department of Environmental Resources, in the name of the
20 Commonwealth of Pennsylvania.
21 SECTION 3. THE DEED OF CONVEYANCE HEREBY CONTEMPLATED SHALL <--
22 BE APPROVED BY THE DEPARTMENT OF JUSTICE AND SHALL BE EXECUTED
23 BY THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
24 DEPARTMENT OF ENVIRONMENTAL RESOURCES, IN THE NAME OF THE
25 COMMONWEALTH OF PENNSYLVANIA. SAID DEED OF CONVEYANCE SHALL
26 SPECIFICALLY INCLUDE THE FOLLOWING CONDITION:
27 "UNDER AND SUBJECT, NEVERTHELESS, TO THE CONDITION THAT IF
28 THE SAID GRANTEE, CITY OF PHILADELPHIA, SHOULD SELL THE ABOVE
29 DESCRIBED PREMISES, OTHER THAN TO A DEPARTMENT OR AGENCY OF THE
30 CITY OR TO THE COMMONWEALTH OF PENNSYLVANIA OR A DEPARTMENT OR
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1 AGENCY OF THE COMMONWEALTH, IN FEE SIMPLE ABSOLUTE, THE PROCEEDS
2 RECEIVED BY THE SAID GRANTEE, CITY OF PHILADELPHIA, UPON SUCH
3 SALE SHALL BE RECEIVED, HELD AND APPLIED AS FOLLOWS:
4 FIRST, TO REIMBURSE SAID GRANTEE, CITY OF PHILADELPHIA, FOR
5 THE COSTS AND EXPENSES OF SAID SALE, INCLUDING, WITHOUT
6 LIMITATION, APPRAISAL FEES, TITLE INSURANCE CHARGES, ATTORNEY'S
7 FEES AND OTHER COSTS AND EXPENSES, SIMILAR AND DISSIMILAR;
8 SECOND, TO REIMBURSE SAID GRANTEE, CITY OF PHILADELPHIA, OR
9 ANY DEPARTMENT OR AGENCY THEREOF, FOR THE COST OF ANY
10 IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE ABOVE DESCRIBED
11 PREMISES, INCLUDING, WITHOUT LIMITATION, THE COST OF ANY PIERS,
12 WHARVES, BULKHEADING AND OTHER IMPROVEMENTS, SIMILAR OR
13 DISSIMILAR; AND
14 THIRD, THE BALANCE OF SAID PROCEEDS SHALL BE PAID 75% TO THE
15 PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY (PIDA) AND 25% TO
16 THE PHILADELPHIA INDUSTRIAL DEVELOPMENT CORPORATION (PIDC).
17 IN THE EVENT EITHER PIDA OR PIDC NO LONGER EXISTS AT THE TIME
18 OF SUCH SALE, THE FUNDS SHALL BE PAID TO THE ENTITY SUCCEEDING
19 PIDA OR PIDC, AS THE CASE MAY BE, OR IF THERE BE NO SUCCESSOR,
20 THEN TO THE ENTITY (AS DETERMINED BY THE ATTORNEY GENERAL OF THE
21 COMMONWEALTH OR THE SOLICITOR OF THE CITY, AS THE CASE MAY BE)
22 MOST NEARLY SUCCEEDING TO THE FUNCTIONS OF PIDA OR PIDC, OR IF
23 THERE BE NO SUCH ENTITY, THEN TO THE GENERAL FUND OF THE
24 COMMONWEALTH OR THE CITY, AS THE CASE MAY BE.
25 AT THE CLOSING OF ANY SUCH SALE, THE RECEIPT BY AN OFFICER OF
26 THE ENTITIES ENTITLED TO RECEIVE THE BALANCE OF THE PROCEEDS
27 SHALL BE CONCLUSIVE EVIDENCE OF THE PROPER APPLICATION OF
28 PROCEEDS PURSUANT TO THIS PROVISION; AND ANY PURCHASER OF THE
29 ABOVE DESCRIBED PREMISES, ANY TITLE INSURER OR OTHER PARTY SHALL
30 BE ENTITLED TO RELY THEREON. UPON SUCH PAYMENT, THE CONDITION
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1 HEREIN CREATED SHALL CEASE AND BE EXTINGUISHED AND THE ABOVE
2 DESCRIBED PREMISES MAY THEREAFTER BE CONVEYED FREE AND CLEAR OF
3 THE CONDITIONS AND RIGHTS SET FORTH HEREIN."
4 Section 3. 4. This act shall take effect immediately. <--
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