PRINTER'S NO. 1741
No. 1394 Session of 2007
INTRODUCED BY M. O'BRIEN, MAY 29, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 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 NCCB Associates, 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 1143-1151
13 North Delaware Avenue and Pier 53 North. The Department of
14 General Services, with the concurrence of the Department of
15 Environmental Protection, acting on behalf of the Commonwealth,
16 is hereby authorized and directed to convey to NCCB Associates,
17 L.P., (hereafter "grantee") a tract of land within the bed of
18 the Delaware River in the City of Philadelphia described in
19 subsection (b).
1 (b) Description.--The land and associated rights to be
2 conveyed is more particularly described as follows:
3 ALL THAT CERTAIN portion of property known as 1143-1151 North
4 Delaware Avenue and Pier 53 North lying between the Bulkhead
5 Line and the Pierhead Line of the Delaware River as established
6 by the Secretary of War on September 10, 1940; said portion
7 being situate on the southwesterly side of former Marlboro
8 Street (47 feet 6 inches wide - stricken and vacated by
9 Ordinance of Philadelphia City Council on September 19, 1982 and
10 confirmed by the Board of Surveyors on July 5, 1983, reserved as
11 a right of way for drainage, water main and public utility
12 purposes) in the Fifth (formerly the Eighteenth) Ward of the
13 City of Philadelphia, Commonwealth of Pennsylvania, bounded and
14 described in accordance with a Plan of Property by Allen J.
15 Bommentre, Jr., Surveyor and Regulator of the Third Survey
16 District, dated April 12, 2005, as follows:
17 BEGINNING at the point of intersection of the southwesterly side
18 of said former Marlboro Street with the said Bulkhead Line as
19 established by the Secretary of War, said point of intersection
20 being South 20 degrees 49 minutes 27 seconds East 280.992 feet
21 from the intersection of the southeasterly line of Delaware
22 Avenue (140 feet wide) with the aforesaid southwesterly line of
23 former Marlboro Street; and running thence:
24 (1) Along the said southwesterly side of former Marlboro
25 Street, South 20 degrees 49 minutes 27 seconds East 589.306 feet
26 to its point of intersection with the aforesaid Pierhead Line of
27 the Delaware River as established by the Secretary of War;
28 thence
29 (2) Along with said Pierhead Line, South 54 degrees 04
30 minutes 10 seconds West 57.397 feet to its point of intersection
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1 with the southwesterly line of the aforesaid property known as
2 1143-1151 North Delaware Avenue; thence
3 (3) Along said southwesterly line of 1143-1151 North
4 Delaware Avenue, North 23 degrees 18 minutes 27 seconds West
5 589.344 feet to its point of intersection with the aforesaid
6 Bulkhead Line of the Delaware River as established by the
7 Secretary of War, said point of intersection being South 23
8 degrees 18 minutes 27 seconds East 288.042 feet from the
9 intersection of the said southeasterly line of Delaware Avenue
10 with the said southwesterly line of 1143-1151 North Delaware
11 Avenue; thence
12 (4) Along said Bulkhead Line of the Delaware River as
13 established by the Secretary of War, North 58 degrees 21 minutes
14 15 seconds East 82.417 feet to the point and place of beginning.
15 CONTAINING 40,356 square feet (0.9264 acre), more or less.
16 (c) Preparation and execution of documents.--The agreement
17 of sale, deed and any other documents hereby contemplated shall
18 be approved as to form and legality by the Attorney General and
19 Office of General Counsel and shall be executed by the
20 Department of General Services, with the concurrence of the
21 Department of Environmental Protection, which approvals shall
22 not be unreasonably withheld, in the name of the Commonwealth.
23 Protection, which approvals shall not be unreasonably withheld,
24 in the name of the Commonwealth.
25 (d) Land use restriction.--The conveyance authorized or
26 referred to under this section shall be made under and subject
27 to the condition, which shall be contained in the deed, that no
28 portion of the parcels shall be used as a licensed facility as
29 defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
30 other similar type of facility authorized under the laws of this
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1 Commonwealth. This condition shall be a covenant running with
2 the land and shall be binding upon the grantee and their
3 respective successors and assigns. Should any portion of any
4 parcel authorized to be conveyed under this section be used in
5 violation of this subsection, the property shall revert to the
6 Commonwealth immediately.
7 (e) Consideration.--The Department of General Services shall
8 convey the land within the bed of the Delaware River as
9 described in subsection (b) for its fair market value as such
10 value shall be determined by an independent appraiser. The
11 grantee shall pay for the appraisal.
12 (f) Costs and fees.--Costs and fees incidental to the
13 conveyance authorized under this section shall be borne by the
14 grantee.
15 (g) Sunset provision.--In the event that a community benefit
16 agreement between the grantee and Friends of Penn Treaty Park is
17 not executed within 18 months following the effective date of
18 this section, the authority contained in this section shall be
19 void.
20 Section 2. Effective date.
21 This act shall take effect immediately.
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