SENATE AMENDED
PRIOR PRINTER'S NOS. 31, 3529, 4142 PRINTER'S NO. 4370
No. 28 Session of 2005
INTRODUCED BY LEDERER AND McILHINNEY, JANUARY 25, 2005
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 26, 2006
AN ACT
1 Authorizing the Department of Transportation, with the approval
2 of the Governor, to grant and convey to the Philadelphia
3 Redevelopment Authority a tract of land situate in the City
4 of Philadelphia, Philadelphia County.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chinatown Community Center.
8 (a) Conveyance authorized.--The Department of
9 Transportation, with the approval of the Governor, is hereby
10 authorized on behalf of the Commonwealth of Pennsylvania to
11 grant and convey to the Philadelphia Redevelopment Authority,
12 certain lands situate in the 5th Ward of Philadelphia at 1001-05
13 Vine Street described in subsection (b) for less than the fair
14 market value as determined by an independent appraisal.
15 (b) Property description.--The property to be conveyed
16 pursuant to this section consists of land bounded and described
17 as follows:
1 ALL THOSE FOUR CERTAIN lots or pieces of ground with the
2 buildings and improvements thereon erected, Situate in the 5th
3 Ward of the City of Philadelphia and described as follows, to
4 wit: ONE THEREOF SITUATE at the Northwest corner of Vine and
5 10th Streets, CONTAINING in front or breadth on said Vine Street
6 18 feet and extending in depth Northward along the West side of
7 said 10th Street, 131 feet 3 inches to Pearl Street, ANOTHER
8 THEREOF SITUATE on the North side of Vine Street at the distance
9 of 18 feet Westward from the West side of 10th Street.
10 CONTAINING in front or breadth on said Vine Street 20 feet and
11 extending in length or depth Northward of that width at right
12 angles parallel with the said 10th Street 131 feet 3 inches to
13 Pearl Street. ANOTHER THEREOF SITUATE on the North side of Vine
14 Street at the distance of 38 feet Westward from the West side of
15 10th Street. CONTAINING in front or breadth on the said Vine
16 Street 20 feet and extending of that width between lines
17 parallel with the said 10th Street in length or depth
18 Northwardly 131 feet 3 inches to Pearl Street. BOUNDED Northward
19 by said Pearl Street, Eastward by ground now or late of I.
20 Fassett, Deceased, Westward by ground now or late of Jacob
21 Schmitt, Deceased, and Southward by Vine Street. No. 1003 Vine
22 Street. AND THE REMAINING ONE THEREOF SITUATE on the North side
23 of Vine Street at the distance of 58 feet Westward from the West
24 side of 10th Street. CONTAINING in front or breadth on the said
25 Vine Street 20 feet and extending of that width in length or
26 depth Northward 131 feet 4 inches to Pearl Street. BOUNDED
27 Northward by said Pearl Street, Eastward by other ground now or
28 late of Jacob Schmitt, and now or late of Frank A. Schmitt,
29 Southward by said Vine Street and Westward by ground formerly of
30 Hannah Sanson. No. 1005 Vine Street.
20050H0028B4370 - 2 -
1 ALSO ALL THAT CERTAIN lot or piece of ground with buildings and
2 improvements thereon erected. Situate on the corner formed by
3 the intersection of the West side of 10th Street with the North
4 side of Pearl Street in the 14th 5TH Ward of the City of <--
5 Philadelphia.
6 CONTAINING in front or breadth on the said 10th Street 16 feet
7 and extending of that width in length or depth Westward, the
8 South line thereof along the North side of Pearl Street 80 feet
9 to a certain 3 foot wide alley which extends Northward and
10 Southward from Wood Street to the said Pearl Street.
11 TOGETHER with the free and common use, right, liberty and
12 privilege of the aforesaid alley as and for a passageway and
13 watercourse at all times hereafter forever. No. 314 North 10th
14 Street.
15 ALSO UNDER AND SUBJECT as to the last of the above described
16 premises to an Agreement between William M. Kizmiller, Trustee
17 and Philadelphia Pneumatic Tube Co., recorded in Deed Book
18 J.M.H. 2802 page 47 (relating to Tube in Street).
19 (c) Conditions.--The conveyance shall be made under and
20 subject to all lawful and enforceable easements, servitudes and
21 rights of others, including but not confined to streets,
22 roadways and rights of any telephone, telegraph, water,
23 electric, gas or pipeline companies, as well as under and
24 subject to any lawful and enforceable estates or tenancies
25 vested in third persons appearing of record, for any portion of
26 the land or improvements erected thereon.
27 (d) Deed.--The deed of conveyance shall be by Quitclaim Deed
28 and shall be executed by the Secretary of Transportation in the
29 name of the Commonwealth of Pennsylvania.
30 (e) Costs and fees.--Costs and fees incidental to this
20050H0028B4370 - 3 -
1 conveyance shall be borne by the grantee.
2 (f) Right of reverter.--This conveyance shall revert and
3 revest immediately to the grantor if any of the following
4 conditions occurs:
5 (1) The property is not, within five years of this
6 conveyance, put to use as the Chinatown Community Center to
7 enhance the lives of the residents of the neighborhood and
8 enrich the culture of the City of Philadelphia.
9 (2) The property ceases to be used as the Chinatown
10 Community Center at any time following the commencement of
11 such use.
12 (3) The property or any portion thereof, is used as a
13 licensed facility, as defined in 4 Pa.C.S. § 1103 (relating
14 to definitions), or any other similar type of facility
15 authorized under State law.
16 These conditions shall be contained in the deed of conveyance.
17 The conditions shall be covenants running with the land, and
18 shall be binding upon the grantee, its successors and assigns.
19 Section 2. Effective date.
20 This act shall take effect immediately.
A3L85JAM/20050H0028B4370 - 4 -