PRINTER'S NO. 565
No. 511 Session of 1975
INTRODUCED BY M. P. MULLEN, FEBRUARY 19, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 19, 1975
AN ACT
1 Authorizing the Department of Property and Supplies, with the
2 approval of the Governor and the Secretary of Public Welfare,
3 to convey a certain parcel of land approximately bounded by
4 Roosevelt Boulevard, Poquessing Creek, Townsend Road and
5 Southampton Road in the City of Philadelphia to the City of
6 Philadelphia.
7 WHEREAS, The site of Byberry State Hospital in northeast
8 Philadelphia was acquired around 1900 by the City of
9 Philadelphia and a mental hospital was erected and operated
10 there; and
11 WHEREAS, The act of September 29, 1938 (P.L.53, No.21)
12 transferred the real estate and personal property used for the
13 care, maintenance and treatment of mental patients from the City
14 of Philadelphia to the Commonwealth of Pennsylvania. This act
15 contained a reversion of title to the City of Philadelphia in
16 the event the property was not substantially improved and
17 abandoned by the Commonwealth. No consideration was paid to the
18 city for this property; and
19 WHEREAS, The area of land actually transferred to the
20 Commonwealth of Pennsylvania was much greater than the area of
1 actual improvement of the property; and
2 WHEREAS, The Commonwealth of Pennsylvania has announced its
3 intention through the public media to cease using all the
4 facilities at Byberry State Hospital for care, maintenance or
5 treatment of mental illness; and
6 WHEREAS, The Commonwealth desires to return the land no
7 longer used for care, maintenance or treatment of mental
8 illness, wherefore
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The Department of Property and Supplies, with the
12 approval of the Governor and the Secretary of Public Welfare, is
13 hereby authorized on behalf of the Commonwealth of Pennsylvania
14 to convey, without consideration, free and marketable title to
15 the City of Philadelphia all the following described parcel of
16 land with any improvements thereon situate in the City and
17 County of Philadelphia in the Commonwealth of Pennsylvania:
18 Beginning at the intersection of the southeasterly side of
19 Roosevelt Boulevard (254 feet wide) and the Philadelphia-Bucks
20 County Line; thence extending in a northeastwardly and
21 southeastwardly direction along the same Philadelphia-Bucks
22 County Line to Townsend Road; thence extending along Townsend
23 Road southwestwardly to Byberry Road; thence in a
24 southeastwardly direction along Byberry Road to Thornton Road;
25 thence southwest along Thornton Road to the right-of-way of
26 Woodhaven Road; thence northwestwardly along the said right-of-
27 way of Woodhaven Road approximately 1,100 feet to a point;
28 thence extending on a line at right angles to Woodhaven Road in
29 a northeastwardly direction to aforementioned Byberry Road;
30 thence extending along Byberry Road in a northwestwardly and
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1 southwestwardly direction (also former Byberry Road) to the
2 right-of-way of Woodhaven Road; thence in a northeastwardly
3 direction along the right-of-way of Woodhaven Road to the
4 southeasterly side of Roosevelt Boulevard; thence
5 northeastwardly along the said side of Roosevelt Boulevard
6 approximately 2,500 feet to the center line of Southampton Road;
7 thence in a northwestwardly direction crossing Roosevelt
8 Boulevard from the southeasterly to the northwesterly side;
9 thence in a southwestwardly direction along the said
10 northwesterly side of Roosevelt Boulevard to the right-of-way of
11 Woodhaven Road; thence on a line curving to the right with a
12 radius of 274 feet, the arc distance of approximately 211 feet;
13 thence north 39 degrees 41 minutes 5 seconds west, approximately
14 1,200 feet; thence south 48 degrees 24 minutes 8 seconds west,
15 91 feet 8 3/4 inches; thence north 33 degrees 11 minutes 23
16 seconds west, 61 feet 10 3/4 inches; thence on a line curving to
17 the left with a radius of 60 feet, the arc distance of 90 feet 9
18 3/4 inches to a point of compound curve; thence continuing on a
19 line curving to the right with a radius of 10 feet, the arc
20 distance of 15 feet 1 3/8 inches; thence north 33 degrees 11
21 minutes 23 seconds east, 993 feet 4 inches; thence north 32
22 degrees 50 minutes 8 seconds west, 661 feet 1 5/8 inches; thence
23 on a line curving to the left with a radius of 226 feet 5 7/8
24 inches, the arc distance of 159 feet 8 1/4 inches; thence north
25 32 degrees 50 minutes 8 seconds west, 121 feet 1 7/8 inches to
26 the southeasterly side of the right-of-way of the New York Short
27 Line Railroad (Reading Company); thence extending in a
28 northeastwardly direction along the said right-of-way
29 approximately 2,400 feet to the southerly side of Southampton
30 Road; thence southeastwardly along the said side of Southampton
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1 Road to a point approximately 500 feet northwest of the
2 northwest side of Roosevelt Boulevard; thence in a
3 northeastwardly direction on a line paralleling said Roosevelt
4 Boulevard approximately 2,500 feet to the Philadelphia-Bucks
5 County Line; thence extending in a northeastwardly direction
6 along the said Philadelphia-Bucks County Line recrossing
7 Roosevelt Boulevard to the point and place of beginning.
8 Containing not more than 300 acres and being part of the
9 premises of the Philadelphia State Hospital vested in the
10 Commonwealth of Pennsylvania by the act of September 29, 1938
11 (P.L.53, No.21).
12 The conveyance shall be made under and subject to all
13 easements, servitudes and rights of others, including but not
14 confined to streets, roadways, and rights of any telephone,
15 telegraph, water, electric, gas or pipeline companies, as well
16 as under and subject to any estates or tenancies vested in third
17 persons, whether or not appearing of record, for any portion of
18 the land or improvements erected thereon.
19 Section 2. The deed of conveyance shall be approved by the
20 Department of Justice and shall be executed by the Secretary of
21 Property and Supplies in the name of the Commonwealth of
22 Pennsylvania.
23 Section 3. The tract of land herein described, and the
24 jurisdiction and control over the same authorized to be
25 transferred made free and clear of any limitations or rights of
26 reversion and the jurisdiction and control over said 300 acres
27 of land is hereby declared and made free and clear of the said
28 limitations or rights of reversion, more particularly set forth
29 in section 1 of the act of September 29, 1938 (P.L.53, No.21),
30 entitled, as amended, "An act relating to institutions of
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1 counties, cities, wards, boroughs, townships, institution
2 districts and other political subdivisions, for the care,
3 maintenance, and treatment of mental patients; providing for the
4 transfer to the Commonwealth for the care, maintenance and
5 treatment of mental patients of such institutions, and all
6 grounds, lands, buildings and personal property of such
7 political subdivisions used for the care and maintenance of
8 indigent persons connected with such mental institutions;
9 providing for the management and operation or closing and
10 abandonment thereof; and the maintenance of mental patients
11 therein; including the collection of maintenance in certain
12 cases; providing for the retransfer of certain property to
13 counties, cities, wards, boroughs, townships, institution
14 districts and other political subdivisions under certain
15 circumstances; conferring and imposing upon the Governor, the
16 Department of Welfare, the courts of common pleas and counties,
17 cities, wards, boroughs, townships, institution districts and
18 other political subdivisions certain powers and duties;
19 prohibiting cities, counties, wards, boroughs, townships,
20 institution districts and other political subdivisions from
21 maintaining and operating institutions, in whole or in part, for
22 the care and treatment of mental patients; and repealing
23 inconsistent laws."
24 Section 4. This act shall take effect immediately.
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