H2670B4056A08991 AJM:SRA 09/15/08 #90 A08991
AMENDMENTS TO HOUSE BILL NO. 2670
Sponsor: REPRESENTATIVE W. KELLER
Printer's No. 4056
1 Amend Title, page 1, line 3, by removing the period after
2 "Philadelphia" and inserting
3 ; authorizing and directing the Department of General Services,
4 with the approval of the Governor, to grant and convey to the
5 Philadelphia Regional Port Authority certain lands situate in
6 the 39th Ward of the City of Philadelphia; and repealing an act
7 relating to ownership of submerged lands.
8 Amend Bill, page 3, by inserting between lines 14 and 15
9 Section 2. Land consisting of 16.89 acres in the City of
10 Philadelphia.
11 (a) Legislative findings.--The General Assembly finds and
12 declares as follows:
13 (1) The Commonwealth in the act of February 10, 1863
14 (P.L.24, No.28), entitled "An act ceding to the United States
15 of America the right of exclusive legislation over League
16 Island, in the Delaware river, in the county of
17 Philadelphia," consented to the purchase and acquisition of
18 the title by the United States of the certain island located
19 in the Delaware River, situated in the 39th Ward in the City
20 of Philadelphia, Philadelphia County, known as "League
21 Island," and granted legislative and jurisdiction over all of
22 the inland channel or waterway, unto the low water mark on
23 the northerly shore thereof.
24 (2) The United States, through the Department of the
25 Navy and by Quit Claim Deed, disposed of its interest and
26 title to the property known as the former United States Navy
27 Base situated in the 39th Ward in the City of Philadelphia,
28 Philadelphia County to the Philadelphia Industrial
29 Development Corporation, and a portion of that property is
30 known as "League Island."
31 (3) In 2004 the Commonwealth, through the Department of
32 General Services by Quit Claim Deed, disposed of its
33 interests and title to the property commonly known as Parcel
34 9A and a portion of the former naval base to the Philadelphia
35 Regional Port Authority.
36 (4) Part of the conveyance of the Department of the
37 Navy's title and interests to the property known as the
38 former United States Navy Base situated in the 39th Ward in
39 the City of Philadelphia, Philadelphia County to the
40 Pennsylvania Authority for Industrial Development was for the
1 open water between what was the Consolidated Rail Corporation
2 portion of the naval base and what was known as "League
3 Island."
4 (5) The Commonwealth still maintains its title and
5 interests in property areas of this open water, between what
6 was the Consolidated Rail Corporation portion of the naval
7 base and what was known as "League Island."
8 (6) The General Assembly intends to convey the rights
9 and interests to the Philadelphia Regional Port Authority for
10 the property areas of this open water between what was the
11 Consolidated Rail Corporation portion of the naval base and
12 what was known as "League Island."
13 (b) Authorization.--The Department of General Services, with
14 the approval of the Governor, is hereby authorized and directed
15 on behalf of the Commonwealth of Pennsylvania to grant and
16 convey to the Philadelphia Regional Port Authority, for $1,
17 certain lands situate in the 39th Ward of the City of
18 Philadelphia described in subsection (c).
19 (c) Description.--The lands to be conveyed pursuant to
20 subsection (b) consist of 16.89 acres more or particularly
21 described as follows:
22 ALL THAT CERTAIN tract, piece or parcel of land situate in the
23 39th Ward of the City of Philadelphia, Commonwealth of
24 Pennsylvania, described as follows to wit:
25 PARCEL No. 1
26 BEGINNING at a point on the Bulkhead Line of the Delaware River,
27 approved by the Secretary of War, September 10, 1940, said point
28 being located the two (2) following courses and distances from
29 the intersection of the Southerly side of Packer Avenue (148
30 feet wide) and the said Easterly side of Christopher Columbus
31 Boulevard (250 feet wide); (1) thence extending S 14 degrees 30
32 minutes 00.0 seconds W along the Easterly side of Christopher
33 Columbus Boulevard (formerly Delaware Avenue), the distance of
34 3,601.940 feet to a point; (2) thence extending S 75 degrees 30
35 minutes 00.0 seconds E along a line the distance of 580.759 feet
36 to said point of beginning.
37 (1) THENCE extending from said point of beginning S 75
38 degrees 30 minutes 00.0 seconds E the distance of 438.331
39 feet to a point on the Pierhead Line of the Delaware
40 River approved by the Secretary of War, September 10,
41 1940;
42 (2) THENCE continuing along said line S 75 degrees 30
43 minutes 00.0 seconds E the distance of 100.000 feet to a
44 point;
45 (3) THENCE extending along a line S 29 degrees 01 minute 18
46 seconds W the distance of 567.735 feet to a point;
47 (4) THENCE extending along a line N 75 degrees 58 minutes
48 58.9 seconds W the distance of 100.000 feet to a point on
49 the Pierhead Line of the Delaware River approved by the
50 Secretary of War, September 10, 1940;
51 (5) THENCE continuing along said line N 75 degrees 58
52 minutes 58.9 00.0 seconds W the distance of 565.227 feet
53 to a point on the Bulkhead Line of the Delaware River,
54 approved by the Secretary of War, September 10, 1940;
55 (6) THENCE extending along said Bulkhead Line of the
56 Delaware River, approved by the Secretary of War,
57 September 10, 1940 N 40 degrees 23 minutes 05 seconds E
58 the distance of 617.039 feet to the point of beginning.
59 CONTAINING within said metes and bounds, 7.62 acres of land
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1 being the same, more or less.
2 PARCEL No. 2
3 BEGINNING at a point on the Bulkhead Line of the Delaware River,
4 approved by the Secretary of War, September 10, 1940, said point
5 being located the three (3) following courses and distances from
6 the intersection of the Southerly side of Packer Avenue (148
7 feet wide) and the said Easterly side of Christopher Columbus
8 Boulevard 250 feet wide; (1) thence extending S 14 degrees 30
9 minutes 00.0 seconds W along the Easterly side of Christopher
10 Columbus Boulevard (formerly Delaware Avenue), the distance of
11 3,601.940 feet to a point; (2) thence extending S 75 degrees 30
12 minutes 00.0 seconds E along a line the distance of 580.759 feet
13 to a point on the Bulkhead Line of the Delaware River, approved
14 by the Secretary of War, September 10, 1940; (3) thence
15 extending along said Bulkhead Line of the Delaware River,
16 approved by the Secretary of War, September 10, 1940 S 40
17 degrees 23 minutes 05 seconds W the distance of 617.039 feet to
18 the said point of beginning;
19 (1) THENCE extending from said point of beginning along a
20 line S 75 degrees 58 minutes 58.9 seconds E the distance
21 of 565.227 feet to a point on the Pierhead Line of the
22 Delaware River approved by the Secretary of War,
23 September 10, 1940;
24 (2) THENCE, continuing along said line S 75 degrees 58
25 minutes 58.9 seconds E the distance of 100.000 feet to a
26 point;
27 (3) THENCE extending along a line S 28 degrees 57 minutes 13
28 seconds W the distance of 573.207 feet to a point;
29 (4) THENCE extending along a line N 76 degrees 03 minutes 40
30 seconds W the distance of 100.000 feet to a point on the
31 Pierhead Line of the Delaware River approved by the
32 Secretary of War, September 10, 1940;
33 (5) THENCE continuing along said line N 76 degrees 03
34 minutes 40 seconds W the distance of 691.822 feet to a
35 point on the Bulkhead Line of the Delaware River,
36 approved by the Secretary of War, September 10, 1940;
37 (6) THENCE extending along said Bulkhead Line of the
38 Delaware River, approved by the Secretary of War,
39 September 10, 1940 N 40 degrees 23 minutes 05 seconds E
40 the distance of 618.514 feet to the point of beginning.
41 CONTAINING within said metes and bounds, 9.27 acres of land
42 being the same, more or less.
43 (d) Easements.--The conveyance shall be made under and
44 subject to all lawful and enforceable easements, servitudes and
45 rights of others, including but not confined to streets,
46 roadways and rights of any telephone, telegraph, water,
47 electric, gas or pipeline companies, as well as under and
48 subject to any lawful and enforceable estates or tenancies
49 vested in third persons appearing of record, for any portion of
50 the land or improvements erected thereon.
51 (e) Deed.--
52 (1) The deed of conveyance shall contain a clause that
53 the lands conveyed in this section shall be used only for
54 maritime purposes by the grantee, or its successor in
55 interest or its lessees, concessionaires, licensees or
56 assignees permitted by the Commonwealth. Should the grantee,
57 or its successors in interest, allow the lands conveyed to be
58 used for any other purpose or attempt to convey or transfer
59 the lands, the title shall immediately revert to and revest
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1 in the grantor. The term "maritime purposes" shall mean
2 activities related to the handling, import, export and or
3 transport of cargo or the transport of passengers within and
4 through the Port of Philadelphia but the term shall not mean
5 activities related to gambling or gaming.
6 (2) The deed of conveyance shall contain a clause that
7 if the Philadelphia Regional Port Authority or its successors
8 in interest ceases to exist, the lands conveyed in this
9 section shall immediately revert to and revest in the
10 grantor, unless a successor authority has been formed to
11 continue the Commonwealth's governance of regional port
12 activities along the Delaware River.
13 (f) Deed execution.--The deed of conveyance authorized by
14 this section shall be approved as provided by law and shall be
15 executed by the Secretary of General Services in the name of the
16 Commonwealth of Pennsylvania.
17 (g) Costs and fees.--Costs and fees incidental to this
18 conveyance shall be borne by the grantee.
19 Section 3. Land consisting of 305 acres in the City of
20 Philadelphia.
21 (a) Legislative findings.--The General Assembly finds and
22 declares as follows:
23 (1) The Commonwealth in the act of February 10, 1863
24 (P.L.24, No.28), entitled "An act ceding to the United States
25 of America the right of exclusive legislation over League
26 Island, in the Delaware river, in the county of
27 Philadelphia," consented to the purchase and acquisition of
28 the title by the United States of the certain island located
29 in the Delaware River, situated in the 39th Ward in the City
30 of Philadelphia, Philadelphia County, known as "League
31 Island," and granted legislative and jurisdiction over all of
32 the inland channel or waterway, unto the low water mark on
33 the northerly shore thereof.
34 (2) The United States, through the Department of the
35 Navy and by Quit Claim Deed, disposed of its interest and
36 title to the property known as the former United States Navy
37 Base situated in the 39th Ward in the City of Philadelphia,
38 Philadelphia County to the Philadelphia Industrial
39 Development Corporation, and a portion of that property is
40 known as "League Island."
41 (3) In 2004 the Commonwealth, through the Department of
42 General Services by Quit Claim Deed, disposed of its
43 interests and title to the property commonly known as Parcel
44 9A and a portion of the former naval base to the Philadelphia
45 Regional Port Authority.
46 (4) Part of the conveyance of the Department of the
47 Navy's title and interests to the property known as the
48 former United States Navy Base situated in the 39th Ward in
49 the City of Philadelphia, Philadelphia County to the
50 Pennsylvania Authority for Industrial Development was for the
51 open water between what was the Consolidated Rail Corporation
52 portion of the naval base and what was known as "League
53 Island."
54 (5) The Commonwealth still maintains its title and
55 interests in property areas of this open water, between what
56 was the Consolidated Rail Corporation portion of the naval
57 base and what was known as "League Island."
58 (6) The General Assembly intends to convey the rights
59 and interests to the Philadelphia Regional Port Authority for
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1 the property areas of this open water between what was the
2 Consolidated Rail Corporation portion of the naval base and
3 what was known as "League Island."
4 (b) Authorization.--The Department of General Services, with
5 the approval of the Governor, is hereby authorized and directed
6 on behalf of the Commonwealth of Pennsylvania to grant and
7 convey to the Philadelphia Regional Port Authority, for $1,
8 certain lands situate in the 39th Ward of the City of
9 Philadelphia described in subsection (c).
10 (c) Description.--The lands to be conveyed pursuant to
11 subsection (b) consist of 305 acres more particularly described
12 as follows:
13 ALL THAT CERTAIN land located in the City of Philadelphia,
14 Commonwealth of Pennsylvania, that is river-bed that was made
15 fast land by having fill placed upon it, a general description
16 based upon paper survey as follows to wit:
17 Beginning at a point near the Bulkhead Line of the Delaware
18 River, as established by the Secretary of War, September 10,
19 1940, a common corner for lands now or formerly of Consolidated
20 Rail Corporation, and Parcel 9, the said point being measured
21 the nine (9) following courses and distances from the
22 intersection of the easterly side of Broad Street (at 300 feet
23 wide) with the southwesterly side of Pattison Avenue (at 120
24 feet wide):
25 1. Southwesterly along the easterly side of Broad Street,
26 2,527.57 feet to a point;
27 2. Southeasterly at right angles to said Broad Street, 37
28 feet to a drill hole set, a corner for the said lands
29 now or formerly of Consolidated Rail Corporation;
30 (courses 3 through 8 along the southerly side of lands
31 now or formerly of Consolidated Rail Corporation);
32 3. South 75 degrees 30 minutes 00 seconds East, 3.00 feet
33 to a drill hole set;
34 4. South 76 degrees 31 minutes 21 seconds East 229.54 feet
35 to an iron pin set;
36 5. South 68 degrees 33 minutes 21 seconds East, 284.65 feet
37 to an iron pin set;
38 6. South 63 degrees 50 minutes 26 seconds East, 341 feet to
39 an iron pin set;
40 7. Southeasterly by a curve to the left having a radius of
41 2,287.44 feet, and an arc length of 730.03 feet to an
42 iron pin set, said point being distant by a chord of
43 South 72 degrees 59 minutes 00 seconds East 726.93 feet
44 from the last described point;
45 8. South 82 degrees 07 minutes 34 seconds East 1,741.91
46 feet to a point; and
47 9. South 76 degrees 03 minutes 40 seconds East, 6093.91
48 feet to the said point of Beginning;
49 Thence from said point of Beginning, the twenty five (25)
50 following described courses and distances:
51 1. South 76 degrees 3 minutes 40 seconds East, 50 feet to
52 the point and place of Beginning;
53 2. South 40 degrees 23 minutes 05 seconds West, 1,627.95
54 feet along the Bulkhead line of the Delaware River;
55 3. South 58 degrees 07 minutes 17 seconds West, 1,737.34
56 feet along the Bulkhead line of the Delaware River;
57 4. South 78 degrees 26 minutes 04 seconds West, 1,099.52
58 feet along the Bulkhead line of the Delaware River;
59 5. South 78 degrees 27 minutes 42 seconds West, 2,645
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1 feet along the Bulkhead line of the Delaware River;
2 6. North 86 degrees 01 minutes 55 seconds West, 300 feet
3 along the Bulkhead line of the Delaware River;
4 7. North 10 degrees 18 minutes 40 seconds West, 960 feet
5 to the Bulkhead Line of the Delaware River;
6 8. North 72 degrees 11 minutes 20 seconds East, 1,650 feet;
7 9. North 12 degrees 11 minutes 20 seconds East, 150 feet,
8 10. North 48 degrees 41 minutes 20 seconds East, 1,005 feet;
9 11. North 81 degrees 33 minutes 40 seconds West, 1,580 feet;
10 12. North 76 degrees 33 minutes 40 seconds West, 1,040 feet;
11 13. North 72 degrees 33 minutes 40 seconds West, 2,375 feet;
12 14. North 89 degrees 18 minutes 40 seconds West, 500 feet;
13 15. North 83 degrees 48 minutes 40 seconds West, 475 feet;
14 16. North 13 degrees 11 minutes 20 seconds East, 550 feet;
15 17. North 87 degrees 41 minutes 20 seconds East, 420 feet
16 18. South 65 degrees 18 minutes 40 seconds East, 2,170 feet;
17 19. South 66 degrees 48 minutes 40 seconds East, 2,120 feet;
18 20. South 82 degrees 18 minutes 40 seconds East, 910 feet;
19 21. South 75 degrees 03 minutes 40 seconds East, 920 feet;
20 22. South 84 degrees 33 minutes 40 seconds East, 1,470 feet;
21 23. South 66 degrees 33 minutes 40 seconds East, 340 feet;
22 24. North 73 degrees 56 minutes 20 seconds East, 470 feet;
23 25. North 60 degrees 56 minutes 20 seconds East, 1,240 feet;
24 Containing 305 acres of land.
25 (d) Easements.--The conveyance shall be made under and
26 subject to all lawful and enforceable easements, servitudes and
27 rights of others, including but not confined to streets,
28 roadways and rights of any telephone, telegraph, water,
29 electric, gas or pipeline companies, as well as under and
30 subject to any lawful and enforceable estates or tenancies
31 vested in third persons appearing of record, for any portion of
32 the land or improvements erected thereon.
33 (e) Deed.--
34 (1) The deed of conveyance shall contain a clause that
35 the lands conveyed herein shall be used only for maritime
36 purposes by the grantee, or its successor in interest. Should
37 the grantee, or its successor in interest, allow the lands
38 conveyed to be used for any other purpose or attempt to
39 convey or transfer the lands, the title shall immediately
40 revert to and revest in the grantor. The term "maritime
41 purposes" shall mean activities directly related to the
42 handling of cargo for import or export or the transport of
43 passengers through the Port of Philadelphia but the term
44 shall not mean activities related to gambling or gaming.
45 (2) The deed of conveyance shall contain a clause that
46 if the Philadelphia Regional Port Authority or its successor
47 in interest cease to exist, the lands conveyed herein shall
48 immediately revert to and revest in the grantor, unless a
49 successor authority has been formed to continue the
50 Commonwealth's governance of regional port activities along
51 the Delaware River.
52 (f) Land use restriction.--All deeds or leases authorized or
53 referred to under this section shall be made under and subject
54 to the condition, which shall be contained in the deed or lease
55 documents, that no portion of the parcels shall be used as a
56 licensed facility as defined in 4 Pa.C.S. § 1103 (relating to
57 definitions) or any other similar type of facility authorized
58 under the laws of this Commonwealth. This condition shall be a
59 covenant running with the land and shall be binding upon the
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1 deed or lease or sublessees and their respective successors and
2 assigns. Should any portion of any parcel authorized for
3 conveyance under this section be used in violation of this
4 subsection, the title shall immediately revert to and revest in
5 the grantor.
6 (g) Deed execution.--The deed of conveyance authorized by
7 this section shall be approved as provided by law and shall be
8 executed by the Secretary of General Services in the name of the
9 Commonwealth of Pennsylvania.
10 (h) Costs and fees.--Costs and fees incidental to this
11 conveyance shall be borne by the grantee.
12 Section 4. Repeals.
13 Repeals are as follows:
14 (1) The General Assembly declares that the repeal under
15 paragraph (2) is necessary to effectuate the addition of
16 sections 2 and 3 of this act.
17 (2) The act of June 8, 1907 (P.L.488, No.321), entitled
18 "A supplement to an act, entitled 'An act to provide for the
19 better government of cities of the first class in this
20 Commonwealth,' approved the first day of June, one thousand
21 eight hundred and eighty-five; creating a Department of
22 Wharves, Docks, and Ferries, for the improvement, regulation,
23 and supervision of the construction, extension, alteration,
24 maintenance, and use of wharves, piers, bulkheads, docks,
25 slips, basins, ferries, harbors, and harbor structures, in
26 cities of the first class; and providing for the making and
27 enforcement of rules and regulations, and fixing certain
28 penalties for violation thereof; and providing for the
29 acquisition of property by said cities, by purchase and by
30 condemnation, for certain purposes," is repealed.
31 Amend Sec. 2, page 3, line 15, by striking out "2" and
32 inserting
33 5
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