PRIOR PRINTER'S NO. 31 PRINTER'S NO. 3529
No. 28 Session of 2005
INTRODUCED BY LEDERER AND McILHINNEY, JANUARY 25, 2005
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2006
AN ACT
1 Authorizing and directing the Department of General Services THE <--
2 DEPARTMENT OF TRANSPORTATION, with the approval of the
3 Governor and the Department of Transportation, to grant and <--
4 convey to the City of Philadelphia and to the Philadelphia <--
5 Redevelopment Authority a tract of land situate in the City
6 of Philadelphia, Philadelphia County.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Chinatown Community Center.
10 (a) Conveyance authorized.--The Department of General <--
11 Services TRANSPORTATION, with the approval of the Governor and <--
12 the Department of Transportation, is hereby authorized and <--
13 directed on behalf of the Commonwealth of Pennsylvania to grant
14 and convey to the City of Philadelphia and to the Philadelphia <--
15 Redevelopment Authority, certain lands situate in the 5th 14TH <--
16 Ward of Philadelphia at 1001-05 Vine Street described in
17 subsection (b) for less than the fair market value as determined
18 by an independent appraisal.
19 (b) Property description.--The property to be conveyed
1 pursuant to this section consists of 78 feet by 131 feet 4 <--
2 inches of land bounded and described as follows:
3 ALL THOSE FOUR CERTAIN lots or pieces of ground with the
4 buildings and improvements thereon erected, Situate in the 5th <--
5 14TH Ward of the City of Philadelphia and described as follows, <--
6 to wit: ONE THEREOF SITUATE at the Northwest corner of Vine and
7 10th Streets, CONTAINING in front or breadth on said Vine Street
8 18 feet and extending in depth Northward along the West side of
9 said 10th Street, 131 feet 3 inches to Pearl Street, ANOTHER
10 THEREOF SITUATE on the North side of Vine Street at the distance
11 of 18 feet Westward from the West side of 10th Street.
12 CONTAINING in front or breadth on said Vine Street 20 feet and
13 extending in length or depth Northward of that width at right
14 angles parallel with the said 10th Street 131 feet 3 inches to
15 Pearl Street. ANOTHER THEREOF SITUATE on the North side of Vine
16 Street at the distance of 38 feet Westward from the West side of
17 10th Street. CONTAINING in front or breadth on the said Vine
18 Street 20 feet and extending of that width between lines
19 parallel with the said 10th Street in length or depth
20 Northwardly 131 feet 3 inches to Pearl Street. BOUNDED Northward
21 by said Pearl Street, Eastward by ground now or late of I.
22 Fassett, Deceased, Westward by ground now or late of Jacob
23 Schmitt, Deceased, and Southward by Vine Street. No. 1003 Vine
24 Street. AND THE REMAINING ONE THEREOF SITUATE on the North side
25 of Vine Street at the distance of 58 feet Westward from the West
26 side of 10th Street. CONTAINING in front or breadth on the said
27 Vine Street 20 feet and extending of that width in length or
28 depth Northward 131 feet 4 inches to Pearl Street. BOUNDED
29 Northward by said Pearl Street, Eastward by other ground now or
30 late of Jacob Schmitt, and now or late of Frank A. Schmitt,
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1 Southward by said Vine Street and Westward by ground formerly of
2 Hannah Sanson. No. 1005 Vine Street.
3 ALSO ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH BUILDINGS AND <--
4 IMPROVEMENTS THEREON ERECTED. SITUATE ON THE CORNER FORMED BY
5 THE INTERSECTION OF THE WEST SIDE OF 10TH STREET WITH THE NORTH
6 SIDE OF PEARL STREET IN THE 14TH WARD OF THE CITY OF
7 PHILADELPHIA.
8 CONTAINING IN FRONT OR BREADTH ON THE SAID 10TH STREET 16 FEET
9 AND EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH WESTWARD, THE
10 SOUTH LINE THEREOF ALONG THE NORTH SIDE OF PEARL STREET 80 FEET
11 TO A CERTAIN 3 FOOT WIDE ALLEY WHICH EXTENDS NORTHWARD AND
12 SOUTHWARD FROM WOOD STREET TO THE SAID PEARL STREET.
13 TOGETHER WITH THE FREE AND COMMON USE, RIGHT, LIBERTY AND
14 PRIVILEGE OF THE AFORESAID ALLEY AS AND FOR A PASSAGEWAY AND
15 WATERCOURSE AT ALL TIMES HEREAFTER FOREVER. NO. 314 NORTH 10TH
16 STREET.
17 ALSO UNDER AND SUBJECT AS TO THE LAST OF THE ABOVE DESCRIBED
18 PREMISES TO AN AGREEMENT BETWEEN WILLIAM M. KIZMILLER, TRUSTEE
19 AND PHILADELPHIA PNEUMATIC TUBE CO., RECORDED IN DEED BOOK
20 J.M.H. 2802 PAGE 47 (RELATING TO TUBE IN STREET).
21 (c) Conditions.--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.--The deed of conveyance shall be by Special <--
30 Warranty QUITCLAIM Deed and shall be executed by the Secretary <--
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1 of General Services TRANSPORTATION in the name of the <--
2 Commonwealth of Pennsylvania.
3 (e) Costs and fees.--Costs and fees incidental to this
4 conveyance shall be borne by the grantee.
5 (f) Alternative disposition.--In the event that this <--
6 conveyance is not executed within 12 months of the effective
7 date of this act, the property may be disposed of in accordance
8 with section 2406-A of the act of April 9, 1929 (P.L.177,
9 No.175), known as The Administrative Code of 1929.
10 (g) (F) Right of reverter.--This conveyance shall revert AND <--
11 REVEST IMMEDIATELY to the grantor if either ANY of the following <--
12 conditions occurs:
13 (1) The property is not, within five years of this
14 conveyance, put to use as the Chinatown Community Center to
15 enhance the lives of the residents of the neighborhood and
16 enrich the culture of the City of Philadelphia.
17 (2) The property ceases to be so used at any time. <--
18 USED AS THE CHINATOWN COMMUNITY CENTER AT ANY TIME FOLLOWING <--
19 THE COMMENCEMENT OF SUCH USE.
20 (3) THE PROPERTY OR ANY PORTION THEREOF, IS USED AS A
21 LICENSED FACILITY, AS DEFINED IN 4 PA.C.S. § 1103 (RELATING
22 TO DEFINITIONS), OR ANY OTHER SIMILAR TYPE OF FACILITY
23 AUTHORIZED UNDER STATE LAW.
24 THESE CONDITIONS SHALL BE CONTAINED IN THE DEED OF CONVEYANCE.
25 THE CONDITIONS SHALL BE COVENANTS RUNNING WITH THE LAND, AND
26 SHALL BE BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS.
27 Section 2. Effective date.
28 This act shall take effect immediately.
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