PRINTER'S NO. 1674
No. 1332 Session of 2007
INTRODUCED BY M. O'BRIEN, MAY 24, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 24, 2007
AN ACT 1 Authorizing and directing the Department of General Services, 2 with the concurrence of the Department of Environmental 3 Protection, to convey to VTE Philadelphia, L.P., land within 4 the bed of the Delaware River within the City of 5 Philadelphia. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Lands within the Delaware River bed. 9 (a) Authorization.--The Commonwealth of Pennsylvania owns 10 the lands within the bed of the Delaware River, a portion of 11 which lands are located in the 5th Ward of the City of 12 Philadelphia and includes lands commonly known as Pier 35 1/2 13 North. The Department of General Services, with the concurrence 14 of the Department of Environmental Protection, acting on behalf 15 of the Commonwealth, is hereby authorized and directed to convey 16 to VTE Philadelphia, L.P., (hereafter "grantee") a tract of land 17 within the bed of the Delaware River in the City of Philadelphia 18 described in subsection (b). 19 (b) Description.--The land to be conveyed is more
1 particularly described as follows: 2 ALL THAT CERTAIN piece of ground situate in the 5th Ward of the 3 City of Philadelphia, described according to a Boundary and 4 Topographic Survey made for Pier 35 1/2, LLC by Control Point 5 Associates, Inc. dated February 3, 2005, as revised December 19, 6 2005, to wit: 7 BEGINNING at a point on the Southeasterly side of Penn Street 8 (sixty feet wide) measured South forty-three degrees thirty 9 minutes West along the said Southeasterly side of Penn Street 10 crossing Cohocksink Creek a distance of one hundred ninety-nine 11 feet one and one-half inches from the Southwesterly side of 12 Poplar Street (fifty feet wide); thence South forty-seven 13 degrees two minutes East, partly along the Southwesterly side of 14 aforementioned Creek, 194.573 feet to a point in the Bulkhead 15 line of the Delaware River, established January 5, 1894, 16 approved by the Secretary of War September 10, 1940 to the true 17 point and place of beginning; thence South sixty-seven degrees 18 fifty-four minutes East, partly along the Southerly side of 19 aforementioned Creek, 125.667 feet to a point; thence South 20 forty-six degrees four minutes forty seconds East still along 21 the Southwesterly side of aforementioned Creek, 361.500 feet to 22 a point on the Northerly line of Fairmount Avenue produced; 23 thence North seventy-one degrees forty minutes West along the 24 said Northerly line of Fairmount Avenue produced, 527.937 feet 25 to a point in the said Bulkhead line of the Delaware River; 26 thence North forty-three degrees seventeen minutes six seconds 27 East 181.316 feet to a point; the true point and place of 28 beginning. 29 Being the area between the Bulkhead line and the Pierhead line 30 of the Delaware River and being part of 709-717 Penn Street, 20070H1332B1674 - 2 -
1 which is also known as Pier 35 1/2 North. 2 (c) Preparation and execution of documents.--The agreement 3 of sale, deed and any other documents hereby contemplated shall 4 be approved as to form and legality by the Attorney General and 5 Office of General Counsel and shall be executed by the 6 Department of General Services, with the concurrence of the 7 Department of Environmental Protection, which approvals shall 8 not be unreasonably withheld, in the name of the Commonwealth. 9 (d) Land use restriction.--The conveyance authorized or 10 referred to under this section shall be made under and subject 11 to the condition, which shall be contained in the deed, that no 12 portion of the parcels shall be used as a licensed facility as 13 defined in 4 Pa.C.S. § 1103 (relating to definitions) or any 14 other similar type of facility authorized under the laws of this 15 Commonwealth. This condition shall be a covenant running with 16 the land and shall be binding upon the grantee and their 17 respective successors and assigns. Should any portion of any 18 parcel authorized to be conveyed under this section be used in 19 violation of this subsection, the property shall revert to the 20 Commonwealth immediately. 21 (e) Consideration.--The Department of General Services shall 22 convey the land within the bed of the Delaware River as 23 described in subsection (b) for its fair market value as such 24 value shall be determined by an independent appraiser. The 25 grantee shall pay for the appraisal. 26 (f) Costs and fees.--Costs and fees incidental to the 27 conveyance authorized under this section shall be borne by the 28 grantee. 29 (g) Sunset provision.--In the event that a community benefit 30 agreement between the grantee and the Northern Liberties 20070H1332B1674 - 3 -
1 Neighborhood Association is not executed within 18 months 2 following the effective date of this section, the authority 3 contained in this section shall be void. 4 Section 2. Effective date. 5 This act shall take effect immediately. E16L85JAM/20070H1332B1674 - 4 -