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        PRIOR PRINTER'S NO. 849                       PRINTER'S NO. 3828

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 676 Session of 2007


        INTRODUCED BY W. KELLER, MARCH 19, 2007

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 2, 2008

                                     AN ACT

     1  Authorizing and directing the Department of General Services,
     2     with the approval of the Governor, to grant and convey to the
     3     Philadelphia Regional Port Authority certain lands situate in
     4     the 39th Ward of the City of Philadelphia.

     5     THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:            <--
     6         (1)  THE COMMONWEALTH IN THE ACT OF FEBRUARY 10, 1863
     7     (P.L.24, NO.28), ENTITLED "AN ACT CEDING TO THE UNITED STATES
     8     OF AMERICA THE RIGHT OF EXCLUSIVE LEGISLATION OVER LEAGUE
     9     ISLAND, IN THE DELAWARE RIVER, IN THE COUNTY OF
    10     PHILADELPHIA," CONSENTED TO THE PURCHASE AND ACQUISITION OF
    11     THE TITLE BY THE UNITED STATES OF THE CERTAIN ISLAND LOCATED
    12     IN THE DELAWARE RIVER, SITUATED IN THE 39TH WARD IN THE CITY
    13     OF PHILADELPHIA, PHILADELPHIA COUNTY, KNOWN AS "LEAGUE
    14     ISLAND," AND GRANTED LEGISLATIVE AND JURISDICTION OVER ALL OF
    15     THE INLAND CHANNEL OR WATERWAY, UNTO THE LOW WATER MARK ON
    16     THE NORTHERLY SHORE THEREOF.
    17         (2)  THE UNITED STATES, THROUGH THE DEPARTMENT OF THE
    18     NAVY AND BY QUIT CLAIM DEED, DISPOSED OF ITS INTEREST AND

     1     TITLE TO THE PROPERTY KNOWN AS THE FORMER UNITED STATES NAVY
     2     BASE SITUATED IN THE 39TH WARD IN THE CITY OF PHILADELPHIA,
     3     PHILADELPHIA COUNTY TO THE PHILADELPHIA INDUSTRIAL
     4     DEVELOPMENT CORPORATION, AND A PORTION OF THAT PROPERTY IS
     5     KNOWN AS "LEAGUE ISLAND."
     6         (3)  IN 2004 THE COMMONWEALTH, THROUGH THE DEPARTMENT OF
     7     GENERAL SERVICES BY QUIT CLAIM DEED, DISPOSED OF ITS
     8     INTERESTS AND TITLE TO THE PROPERTY COMMONLY KNOWN AS PARCEL
     9     9A AND A PORTION OF THE FORMER NAVAL BASE TO THE PHILADELPHIA
    10     REGIONAL PORT AUTHORITY.
    11         (4)  PART OF THE CONVEYANCE OF THE DEPARTMENT OF THE
    12     NAVY'S TITLE AND INTERESTS TO THE PROPERTY KNOWN AS THE
    13     FORMER UNITED STATES NAVY BASE SITUATED IN THE 39TH WARD IN
    14     THE CITY OF PHILADELPHIA, PHILADELPHIA COUNTY TO THE
    15     PENNSYLVANIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT WAS FOR THE
    16     OPEN WATER BETWEEN WHAT WAS THE CONSOLIDATED RAIL CORPORATION
    17     PORTION OF THE NAVAL BASE AND WHAT WAS KNOWN AS "LEAGUE
    18     ISLAND."
    19         (5)  THE COMMONWEALTH STILL MAINTAINS ITS TITLE AND
    20     INTERESTS IN PROPERTY AREAS OF THIS OPEN WATER, BETWEEN WHAT
    21     WAS THE CONSOLIDATED RAIL CORPORATION PORTION OF THE NAVAL
    22     BASE AND WHAT WAS KNOWN AS "LEAGUE ISLAND."
    23         (6)  THE GENERAL ASSEMBLY INTENDS TO CONVEY THE RIGHTS
    24     AND INTERESTS TO THE PHILADELPHIA REGIONAL PORT AUTHORITY FOR
    25     THE PROPERTY AREAS OF THIS OPEN WATER BETWEEN WHAT WAS THE
    26     CONSOLIDATED RAIL CORPORATION PORTION OF THE NAVAL BASE AND
    27     WHAT WAS KNOWN AS "LEAGUE ISLAND."
    28     The General Assembly of the Commonwealth of Pennsylvania
    29  hereby enacts as follows:
    30  Section 1.  Land in the City of Philadelphia.
    20070H0676B3828                  - 2 -     

     1     (a)  Authorization.--The Department of General Services, with
     2  the approval of the Governor, is hereby authorized and directed
     3  on behalf of the Commonwealth of Pennsylvania to grant and
     4  convey to the Philadelphia Regional Port Authority, for $1,
     5  certain lands situate in the 39th Ward of the City of
     6  Philadelphia described in subsection (b).
     7     (b)  Description.--The lands to be conveyed pursuant to
     8  subsection (a) consist of 305 acres more particularly described
     9  as follows:
    10     ALL THAT CERTAIN land located in the City of Philadelphia,
    11  Commonwealth of Pennsylvania, that is river-bed that was made
    12  fast land by having fill placed upon it, a general description
    13  based upon paper survey as follows to wit:
    14     Beginning at a point near the Bulkhead Line of the Delaware
    15  River, as established by the Secretary of War, September 10,
    16  1940, a common corner for lands now or formerly of Consolidated
    17  Rail Corporation, and Parcel 9, the said point being measured
    18  the nine (9) following courses and distances from the
    19  intersection of the easterly side of Broad Street (at 300 feet
    20  wide) with the southwesterly side of Pattison Avenue (at 120
    21  feet wide):
    22  1.     Southwesterly along the easterly side of Broad Street,
    23         2,527.57 feet to a point;
    24  2.     Southeasterly at right angles to said Broad Street, 37
    25         feet to a drill hole set, a corner for the said lands
    26         now or formerly of Consolidated Rail Corporation;
    27         (courses 3 through 8 along the southerly side of lands
    28         now or formerly of Consolidated Rail Corporation);
    29  3.     South 75 degrees 30 minutes 00 seconds East, 3.00 feet
    30         to a drill hole set;
    20070H0676B3828                  - 3 -     

     1  4.     South 76 degrees 31 minutes 21 seconds East 229.54 feet
     2         to an iron pin set;
     3  5.     South 68 degrees 33 minutes 21 seconds East, 284.65 feet
     4         to an iron pin set;
     5  6.     South 63 degrees 50 minutes 26 seconds East, 341 feet to
     6         an iron pin set;
     7  7.     Southeasterly by a curve to the left having a radius of
     8         2,287.44 feet, and an arc length of 730.03 feet to an
     9         iron pin set, said point being distant by a chord of
    10         South 72 degrees 59 minutes 00 seconds East 726.93 feet
    11         from the last described point;
    12  8.     South 82 degrees 07 minutes 34 seconds East 1,741.91
    13         feet to a point; and
    14  9.     South 76 degrees 03 minutes 40 seconds East, 6093.91
    15         feet to the said point of Beginning;
    16     Thence from said point of Beginning, the twenty five (25)
    17  following described courses and distances:
    18  1.     South 76 degrees 3 minutes 40 seconds East, 50 feet to
    19         the point and place of Beginning;
    20  2.     South 40 degrees 23 minutes 05 seconds West, 1,627.95
    21         feet along the Bulkhead line of the Delaware River;
    22  3.     South 58 degrees 07 minutes 17 seconds West, 1,737.34
    23         feet along the Bulkhead line of the Delaware River;
    24  4.     South 78 degrees 26 minutes 04 seconds West, 1,099.52
    25         feet along the Bulkhead line of the Delaware River;
    26  5.     South 78 degrees 27 minutes 42 seconds West, 2,645
    27         feet along the Bulkhead line of the Delaware River;
    28  6.     North 86 degrees 01 minutes 55 seconds West, 300 feet
    29         along the Bulkhead line of the Delaware River;
    30  7.     North 10 degrees 18 minutes 40 seconds West, 960 feet
    20070H0676B3828                  - 4 -     

     1         to the Bulkhead Line of the Delaware River;
     2  8.     North 72 degrees 11 minutes 20 seconds East, 1,650 feet;
     3  9.     North 12 degrees 11 minutes 20 seconds East, 150 feet,
     4  10.    North 48 degrees 41 minutes 20 seconds East, 1,005 feet;
     5  11.    North 81 degrees 33 minutes 40 seconds West, 1,580 feet;
     6  12.    North 76 degrees 33 minutes 40 seconds West, 1,040 feet;
     7  13.    North 72 degrees 33 minutes 40 seconds West, 2,375 feet;
     8  14.    North 89 degrees 18 minutes 40 seconds West, 500 feet;
     9  15.    North 83 degrees 48 minutes 40 seconds West, 475 feet;
    10  16.    North 13 degrees 11 minutes 20 seconds East, 550 feet;
    11  17.    North 87 degrees 41 minutes 20 seconds East, 420 feet
    12  18.    South 65 degrees 18 minutes 40 seconds East, 2,170 feet;
    13  19.    South 66 degrees 48 minutes 40 seconds East, 2,120 feet;
    14  20.    South 82 degrees 18 minutes 40 seconds East, 910 feet;
    15  21.    South 75 degrees 03 minutes 40 seconds East, 920 feet;
    16  22.    South 84 degrees 33 minutes 40 seconds East, 1,470 feet;
    17  23.    South 66 degrees 33 minutes 40 seconds East, 340 feet;
    18  24.    North 73 degrees 56 minutes 20 seconds East, 470 feet;
    19  25.    North 60 degrees 56 minutes 20 seconds East, 1,240 feet;
    20  Containing 305 acres of land.
    21     (c)  Easements.--The conveyance shall be made under and
    22  subject to all lawful and enforceable easements, servitudes and
    23  rights of others, including but not confined to streets,
    24  roadways and rights of any telephone, telegraph, water,
    25  electric, gas or pipeline companies, as well as under and
    26  subject to any lawful and enforceable estates or tenancies
    27  vested in third persons appearing of record, for any portion of
    28  the land or improvements erected thereon.
    29     (d)  Deed.--
    30         (1)  The deed of conveyance shall contain a clause that
    20070H0676B3828                  - 5 -     

     1     the lands conveyed herein shall be used only for maritime
     2     purposes by the grantee, or its successor in interest. Should
     3     the grantee, or its successor in interest, allow the lands
     4     conveyed to be used for any other purpose or attempt to
     5     convey or transfer the lands, the title shall immediately
     6     revert to and revest in the grantor. The term "maritime
     7     purposes" shall mean activities directly related to the
     8     handling of cargo for import or export or the transport of
     9     passengers through the Port of Philadelphia but the term
    10     shall not mean activities related to gambling or gaming.
    11         (2)  The deed of conveyance shall contain a clause that
    12     if the Philadelphia Regional Port Authority or its successor
    13     in interest cease to exist, the lands conveyed herein shall
    14     immediately revert to and revest in the grantor, unless a
    15     successor authority has been formed to continue the
    16     Commonwealth's governance of regional port activities along
    17     the Delaware River.
    18     (E)  LAND USE RESTRICTION.--ALL DEEDS OR LEASES AUTHORIZED OR  <--
    19  REFERRED TO UNDER THIS SECTION SHALL BE MADE UNDER AND SUBJECT
    20  TO THE CONDITION, WHICH SHALL BE CONTAINED IN THE DEED OR LEASE
    21  DOCUMENTS, THAT NO PORTION OF THE PARCELS SHALL BE USED AS A
    22  LICENSED FACILITY AS DEFINED IN 4 PA.C.S. § 1103 (RELATING TO
    23  DEFINITIONS) OR ANY OTHER SIMILAR TYPE OF FACILITY AUTHORIZED
    24  UNDER THE LAWS OF THIS COMMONWEALTH. THIS CONDITION SHALL BE A
    25  COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE
    26  DEED OR LEASE OR SUBLESSEES AND THEIR RESPECTIVE SUCCESSORS AND
    27  ASSIGNS. SHOULD ANY PORTION OF ANY PARCEL AUTHORIZED FOR
    28  CONVEYANCE UNDER THIS SECTION BE USED IN VIOLATION OF THIS
    29  SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT TO AND REVEST IN
    30  THE GRANTOR.
    20070H0676B3828                  - 6 -     

     1     (e) (F)  Deed execution.--The deed of conveyance authorized    <--
     2  by this section shall be approved as provided by law and shall
     3  be executed by the Secretary of General Services in the name of
     4  the Commonwealth of Pennsylvania.
     5     (f) (G)  Costs and fees.--Costs and fees incidental to this    <--
     6  conveyance shall be borne by the grantee.
     7  Section 2.  Effective date.
     8     This act shall take effect immediately.















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