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                                                      PRINTER'S NO. 1674

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1332 Session of 2007


        INTRODUCED BY M. O'BRIEN, MAY 24, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 24, 2007

                                     AN ACT

     1  Authorizing and directing the Department of General Services,
     2     with the concurrence of the Department of Environmental
     3     Protection, to convey to VTE Philadelphia, L.P., land within
     4     the bed of the Delaware River within the City of
     5     Philadelphia.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Lands within the Delaware River bed.
     9     (a)  Authorization.--The Commonwealth of Pennsylvania owns
    10  the lands within the bed of the Delaware River, a portion of
    11  which lands are located in the 5th Ward of the City of
    12  Philadelphia and includes lands commonly known as Pier 35 1/2
    13  North. The Department of General Services, with the concurrence
    14  of the Department of Environmental Protection, acting on behalf
    15  of the Commonwealth, is hereby authorized and directed to convey
    16  to VTE Philadelphia, L.P., (hereafter "grantee") a tract of land
    17  within the bed of the Delaware River in the City of Philadelphia
    18  described in subsection (b).
    19     (b)  Description.--The land to be conveyed is more

     1  particularly described as follows:
     2  ALL THAT CERTAIN piece of ground situate in the 5th Ward of the
     3  City of Philadelphia, described according to a Boundary and
     4  Topographic Survey made for Pier 35 1/2, LLC by Control Point
     5  Associates, Inc. dated February 3, 2005, as revised December 19,
     6  2005, to wit:
     7  BEGINNING at a point on the Southeasterly side of Penn Street
     8  (sixty feet wide) measured South forty-three degrees thirty
     9  minutes West along the said Southeasterly side of Penn Street
    10  crossing Cohocksink Creek a distance of one hundred ninety-nine
    11  feet one and one-half inches from the Southwesterly side of
    12  Poplar Street (fifty feet wide); thence South forty-seven
    13  degrees two minutes East, partly along the Southwesterly side of
    14  aforementioned Creek, 194.573 feet to a point in the Bulkhead
    15  line of the Delaware River, established January 5, 1894,
    16  approved by the Secretary of War September 10, 1940 to the true
    17  point and place of beginning; thence South sixty-seven degrees
    18  fifty-four minutes East, partly along the Southerly side of
    19  aforementioned Creek, 125.667 feet to a point; thence South
    20  forty-six degrees four minutes forty seconds East still along
    21  the Southwesterly side of aforementioned Creek, 361.500 feet to
    22  a point on the Northerly line of Fairmount Avenue produced;
    23  thence North seventy-one degrees forty minutes West along the
    24  said Northerly line of Fairmount Avenue produced, 527.937 feet
    25  to a point in the said Bulkhead line of the Delaware River;
    26  thence North forty-three degrees seventeen minutes six seconds
    27  East 181.316 feet to a point; the true point and place of
    28  beginning.
    29  Being the area between the Bulkhead line and the Pierhead line
    30  of the Delaware River and being part of 709-717 Penn Street,
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     1  which is also known as Pier 35 1/2 North.
     2     (c)  Preparation and execution of documents.--The agreement
     3  of sale, deed and any other documents hereby contemplated shall
     4  be approved as to form and legality by the Attorney General and
     5  Office of General Counsel and shall be executed by the
     6  Department of General Services, with the concurrence of the
     7  Department of Environmental Protection, which approvals shall
     8  not be unreasonably withheld, in the name of the Commonwealth.
     9     (d)  Land use restriction.--The conveyance authorized or
    10  referred to under this section shall be made under and subject
    11  to the condition, which shall be contained in the deed, that no
    12  portion of the parcels shall be used as a licensed facility as
    13  defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
    14  other similar type of facility authorized under the laws of this
    15  Commonwealth. This condition shall be a covenant running with
    16  the land and shall be binding upon the grantee and their
    17  respective successors and assigns. Should any portion of any
    18  parcel authorized to be conveyed under this section be used in
    19  violation of this subsection, the property shall revert to the
    20  Commonwealth immediately.
    21     (e)  Consideration.--The Department of General Services shall
    22  convey the land within the bed of the Delaware River as
    23  described in subsection (b) for its fair market value as such
    24  value shall be determined by an independent appraiser. The
    25  grantee shall pay for the appraisal.
    26     (f)  Costs and fees.--Costs and fees incidental to the
    27  conveyance authorized under this section shall be borne by the
    28  grantee.
    29     (g)  Sunset provision.--In the event that a community benefit
    30  agreement between the grantee and the Northern Liberties
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     1  Neighborhood Association is not executed within 18 months
     2  following the effective date of this section, the authority
     3  contained in this section shall be void.
     4  Section 2.  Effective date.
     5     This act shall take effect immediately.

















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