Regular Session 2021-2022 Senate Bill 1352 P.N. 1960

PRINTER'S NO. 1960

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1352

Session of

2022

INTRODUCED BY A. WILLIAMS, OCTOBER 11, 2022

REFERRED TO STATE GOVERNMENT, OCTOBER 11, 2022

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to the City of

Philadelphia certain land, buildings and improvements situate

in the 40th Ward of the City of Philadelphia, Philadelphia

County; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in the 40th Ward of the City of

Philadelphia, Philadelphia County.

(a) Authorization.--The Department of General Services, with

the approval of the Governor, is authorized on behalf of the

Commonwealth of Pennsylvania to grant and convey, to the City of

Philadelphia, the following tract of land together with any

buildings, structures or improvements thereon, situate in the

40th Ward of the City of Philadelphia, Philadelphia County, for

$38,000,000, under terms and conditions to be established in an

agreement of sale.

(b) Property description.--The property to be conveyed under

subsection (a) consists of a tract of land totaling

approximately 18.837 acres, including all buildings, structures

and improvements located thereon, more particularly described as

follows:

ALL THAT CERTAIN tract or parcel of ground situated in the

40th Ward of the City of Philadelphia bounded and described in

accordance with a plan thereof made by Maurice H. Goldich,

Surveyor and Regulator of the Tenth Survey District, dated

September 21, 1966, as follows:

BEGINNING at a point on the northwesterly side of Enterprise

Avenue (70' wide) at the distance of 398' as measured N 60

degrees 46 minutes 26 seconds East along said northwesterly side

of Enterprise Avenue from the point of intersection of the said

side of Enterprise Avenue produced southwestwardly and the

northeasterly side of Executive Avenue (60' wide) produced

southeastwardly, said point of beginning being on the

northeasterly line of a proposed right-of-way for an industrial

railroad side track (agreement between City of Philadelphia and

the Philadelphia Baltimore and Washington Railroad Company

pending); thence extending along said northeasterly right-of-way

line North 29 degrees 13 minutes 34 seconds West a distance of

836.394' to a point of curve; thence extending along a curve to

the right having a radius of 335' subtending a central angle of

65 degrees 02 minutes 44 seconds an arc distance of 380.312' to

a point of tangency, said point of tangency being on the

southeasterly side of the clear zone of runway 4-22 Philadelphia

International Airport; thence extending along said southeasterly

side of the clear zone North 35 degrees 49 minutes 10 seconds

East a distance of 355.147' to a point; thence extending North

72 degrees 21 minutes 25.45 seconds East a distance of 188.176'

to a point on a property line of the City of Philadelphia

(Southwest Sewage Treatment Works); thence extending along said

20220SB1352PN1960 - 2 -

property line and crossing the head of a right-of-way for sewer

and drainage purposes South 29 degrees 13 minutes 34 seconds

East a distance of 1252.172' to a point on the aforementioned

northwesterly side of Enterprise Avenue; thence extending along

the said side of Enterprise Avenue the following four (4)

courses and distances:

(1) South 60 degrees 46 minutes 26 seconds West 6.325',

thence

(2) along a curve to the left having a radius of 100'

subtending a central angle of 117 degrees 03 minutes 30.74

seconds and recrossing the head of the aforementioned right-of-

way for sewer and drainage purposes and arc distance of 204.306'

to a point of reverse curve, thence

(3) extending along a curve to the right having a radius of

100' subtending a central angle of 47 degrees 32 minutes 45.08

seconds an arc distance of 82.983' to a point of tangency,

thence

(4) South 60 degrees 46 minutes 26 seconds West 452.436' to

the first mentioned point and place of beginning.

CONTAINING 18.837 acres, more or less.

SUBJECT to a 60 foot wide right-of-way for sewer and drainage

purposes located in the Easternmost corner of the Premises

adjacent to the Northeastern extremity of Enterprise Avenue.

BEING Tax Parcel No. 77-3-1025-00.

BEING the same premises the General State Authority conveyed

to the Commonwealth of Pennsylvania, by deed dated July 11,

1997, and recorded August 29, 1997, in the Recorder of Deeds

Office of Philadelphia County in Deed Book D 0398, Page 565.

under and subject to all lawful and enforceable easements,

20220SB1352PN1960 - 3 -

servitudes and rights of others, including, but not confined to,

streets, roadways and rights of any telephone, telegraph, water,

electric, gas or pipeline companies, as well as under and

subject to any lawful and enforceable estates or tenancies

vested in third persons appearing of record, for any portion of

the land or improvements erected thereon.

(d) Conditions.--Any conveyance authorized under this

section shall be made under and subject to the condition, which

shall be contained in the deed of conveyance, that no portion of

the property conveyed shall be used as a licensed facility, as

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

other similar type of facility authorized under State law. The

condition shall be a covenant running with the land and shall be

binding upon the grantee and its successors and assigns. Should

the grantee, its successors or assigns, permit any portion of

the property authorized to be conveyed under this section to be

used in violation of this subsection, the title shall

immediately revert to and revest in the grantor.

(e) Deed of conveyance.--The conveyance shall be by special

warranty deed to be executed by the Secretary of General

Services in the name of the Commonwealth of Pennsylvania.

(f) Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

(g) Alternate disposition.--If the conveyance is not

effectuated within two years after the effective date of this

subsection, the property may be disposed of in accordance with

section 2405-A of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

(h) Proceeds.--The proceeds from the sale shall be deposited

into the General Fund.

20220SB1352PN1960 - 4 -

Section 2. Repeal.

Section 13 of the act of December 21, 1998 (P.L.1036,

No.137), entitled "An act authorizing the Department of General

Services, with the approval of the Governor, to sell and convey

to Paul A. Balach certain land situate in Scott Township,

Allegheny County, Pennsylvania; authorizing and directing the

Department of General Services, with the approval of the

Governor, to sell and convey to Everett Foodliner, Inc., a

certain tract of land situate in the Borough of Everett, Bedford

County, Pennsylvania; authorizing and directing the Department

of General Services, with the approval of the Governor and the

Pennsylvania Historical and Museum Commission, to convey a tract

of land in Cresson Township, Cambria County, to the Cresson Area

Historical Association; authorizing the Department of General

Services, with the approval of the Governor and the Department

of Transportation, to grant and convey to the Columbia Alliance

for Economic Growth certain lands situate in Bloomsburg,

Columbia County; authorizing the Department of General Services,

with the approval of the Governor and the Department of

Transportation, to grant and convey to Wyeth-Ayerst Laboratories

certain lands situate in Radnor Township, Delaware County;

authorizing the Department of General Services, with the

approval of the Governor, to sell and convey to Brenda Rae

Miller and Kevin Ray Miller certain land situate in Saltlick

Township, Fayette County, and to sell and convey to Robert

Pritts, Catherine Pritts and Alverta Pritts certain land situate

in Saltlick Township, Fayette County; authorizing and directing

the Department of Transportation, with the approval of the

Governor, to convey to Old Lycoming Township Fire Company a

tract of land situate in the City of Williamsport, Lycoming

20220SB1352PN1960 - 5 -

County, Pennsylvania; authorizing the Department of General

Services, with the approval of the Governor, to sell and convey

to Upper Skippack Mennonite Church certain improved land situate

in the Township of Skippack, County of Montgomery, Commonwealth

of Pennsylvania; authorizing the Department of General Services,

with the approval of the Governor, to grant and convey to North

Warren Municipal Authority certain lands situate in Conewango

Township, Warren County; authorizing and directing the

Department of General Services, with the approval of the

Governor, to sell and convey to Warren Area Student Union, Inc.,

a certain tract of land situate in the Borough of Warren, Warren

County, Pennsylvania; authorizing and directing the Department

of General Services, with the approval of the Governor and the

Pennsylvania Historical and Museum Commission, to acquire a

tract of land situate in Cornplanter Township, Venango County;

authorizing and directing the Department of General Services,

with the approval of the Governor, to sell and convey to the

United States certain land situate in the Township of Canaan,

Wayne County, Pennsylvania; authorizing and directing the

Department of General Services, with the approval of the

Department of Environmental Protection, to lease certain lands

within the bed of the Delaware River in the 5th Ward of the City

of Philadelphia, subject to certain conditions; and authorizing

the Department of General Services, with the approval of the

Governor, to sell and convey to the City of Philadelphia certain

land situate in the 40th Ward of the City of Philadelphia,

Pennsylvania," is repealed.

Section 3. Effective date.

This act shall take effect immediately.

20220SB1352PN1960 - 6 -