PRIOR PRINTER'S NOS. 28, 820, 858 PRINTER'S NO. 1082
993
No. 44 Session of 2003
INTRODUCED BY PICCOLA, JANUARY 22, 2003
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JULY 8, 2003
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor, to grant and convey to
3 Millennium Neighborhood Church, Inc., certain lands situate
4 in Susquehanna Township, Dauphin County; and authorizing and
5 directing the Department of General Services, with the
6 approval of the Governor, to transfer jurisdiction and
7 control from the Department of General Services to the
8 Department of Conservation and Natural Resources, of certain
9 lands situate in the City of Philadelphia, Philadelphia
10 County; and authorizing and directing the Department of
11 General Services, with the approval of the Governor, to grant
12 and convey to the Philadelphia Authority for Industrial
13 Development a tract of land situate in the City of
14 Philadelphia, Philadelphia County.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Susquehanna Township, Dauphin County.
18 (a) Conveyance authorized.--The Department of General
19 Services, with the approval of the Governor, is hereby
20 authorized and directed on behalf of the Commonwealth of
21 Pennsylvania to grant and convey to the Millennium Neighborhood
22 Church, Inc., certain lands situate on the grounds of the former
23 Pennsylvania State Police headquarters described in subsection
1 (b) for fair market value as determined by an independent
2 appraisal.
3 (b) Property description.--The property to be conveyed
4 pursuant to this section consists of approximately 2.83 acres of
5 land bounded and described as follows:
6 All that certain tract of land, with the existing structures
7 and appurtenances erected thereon, located on the north side of
8 Herr Street and situate in the Township of Susquehanna, County
9 of Dauphin and Commonwealth of Pennsylvania, as shown on the
10 property plan prepared by the Department of General Services
11 (DGS), designated as Project No. DGS A 900-1, dated June 12,
12 1979 and being more fully bounded and described, as follows, to
13 wit:
14 Beginning at a point, said point being the easternmost corner
15 of the herein described tract of land;
16 Thence, leaving said Beginning Point and along the northern
17 Right-of-Way line of Herr Street, South 78 degrees 18 minutes 43
18 seconds West 591.29 feet to a point, in line of land of the
19 Commonwealth of Pennsylvania;
20 Thence, along the same, the eight (8) following courses and
21 distances, viz:
22 1. North 11 degrees 23 minutes 43 seconds West 114.28
23 feet to a point
24 2. North 79 degrees 01 minutes 54 seconds East 197.16
25 feet to a point
26 3. North 14 degrees 43 minutes 00 seconds West 14.58
27 feet to a point
28 4. North 75 degrees 06 minutes 46 seconds East 34.71
29 feet to a point
30 5. North 38 degrees 46 minutes 20 seconds East 333.92
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1 feet to a point
2 6. North 56 degrees 23 minutes 21 seconds East 55.74
3 feet to a point
4 7. North 75 degrees 35 minutes 00 seconds East 48.53
5 feet to a point
6 8. South 12 degrees 00 minutes 00 seconds East 364.02
7 feet to the Place of Beginning
8 Containing: 2.83 acres
9 (c) Conditions.--The conveyance shall be made under and
10 subject to all lawful and enforceable easements, servitudes and
11 rights of others, including but not confined to streets,
12 roadways and rights of any telephone, telegraph, water,
13 electric, gas or pipeline companies, as well as under and
14 subject to any lawful and enforceable estates or tenancies
15 vested in third persons appearing of record, for any portion of
16 the land or improvements erected thereon.
17 (d) Deed.--The deed of conveyance shall be by Special
18 Warranty Deed and shall be executed by the Secretary of General
19 Services in the name of the Commonwealth of Pennsylvania.
20 (e) Costs and fees.--Costs and fees incidental to this
21 conveyance shall be borne by the grantee.
22 (f) Alternative disposition.--In the event that this
23 conveyance is not executed within 12 months of the effective
24 date of this act, the property may be disposed of in accordance
25 with section 2406-A of the act of April 9, 1929 (P.L.177,
26 No.175), known as The Administrative Code of 1929.
27 (g) Deposit of proceeds.--The proceeds from the sale shall
28 be deposited in the Capital Facilities Fund to lease or purchase
29 storage/swing space for the Department of General Services for
30 Project No. DGS 948-35. Any proceeds remaining shall be
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1 transferred to the General Fund.
2 Section 2. Transfer of jurisdiction in Philadelphia County.
3 (a) Transfer of jurisdiction authorized.--The Department of
4 General Services, with the approval of the Governor, is hereby
5 authorized and directed on behalf of the Commonwealth of
6 Pennsylvania to transfer jurisdiction and control from the
7 Department of General Services to the Department of Conservation
8 and Natural Resources, certain lands situate in the City of
9 Philadelphia, Philadelphia County, as more fully described in
10 subsection (b). These lands shall be added to those lands
11 designated as Benjamin Rush State Park by the act of December
12 22, 1975 (P.L.606, No.175), entitled, "An act authorizing and
13 directing the Department of General Services, or such department
14 and The General State Authority, to convey to Philadelphia or
15 transfer jurisdiction within the State government of certain
16 tracts of Commonwealth real property acquired under the act of
17 September 29, 1938 (Sp. Sess., P.L.53, No.21), entitled, as
18 amended, 'An act relating to institutions of counties, cities,
19 wards, boroughs, townships, institution districts and other
20 political subdivisions, for the care, maintenance, and treatment
21 of mental patients; providing for the transfer to the
22 Commonwealth for the care, maintenance and treatment of mental
23 patients of such institutions, and all grounds, lands, buildings
24 and personal property of such political subdivisions used for
25 the care and maintenance of indigent persons connected with such
26 mental institutions; providing for the management and operation
27 or closing and abandonment thereof; and the maintenance of
28 mental patients therein; including the collection of maintenance
29 in certain cases; providing for the retransfer of certain
30 property to counties, cities, wards, boroughs, townships,
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1 institution districts and other political subdivisions under
2 certain circumstances; conferring and imposing upon the
3 Governor, the Department of Welfare, the courts of common pleas
4 and counties, cities, wards, boroughs, townships, institution
5 districts and other political subdivisions certain powers and
6 duties; prohibiting cities, counties, wards, boroughs,
7 townships, institution districts and other political
8 subdivisions from maintaining and operating institutions, in
9 whole or in part, for the care and treatment of mental patients;
10 and repealing inconsistent laws,' imposing powers and duties on
11 the Department of Environmental Resources in connection with one
12 such tract, and providing for use of land conveyed to the City
13 of Philadelphia."
14 (b) Property description.--The property to be transferred
15 pursuant to this section consists of approximately 22.29 acres,
16 more particularly described as follows:
17 ALL THAT CERTAIN lot or piece of ground situate in the Fifty-
18 eight Ward of the City of Philadelphia and described as follows
19 (subject to an official survey and Plan): BEGINNING at a point
20 on the southwesterly side of Southampton road (sixty feet wide)
21 the two following courses and distances from the northwesterly
22 side of The Roosevelt boulevard (two hundred fifty-four feet
23 wide): (1) north forty-two degrees fifty-four minutes forty
24 seconds west along the southwesterly side of said Southampton
25 road the distance of eight hundred seventy-three and three
26 hundred thirty-five feet to an angle point; and (2) north forty-
27 five degrees six minutes forty seconds west along the
28 southwesterly side of said Southampton road the distance of two
29 hundred six and one hundred sixty-eight one-thousandths feet to
30 said beginning point; thence extending south forty-eight degrees
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1 forty-six minutes fifty seconds west the distance of nine
2 hundred seventy-one and sixty-nine one-thousandths feet to a
3 point; thence extending north forty-four degrees forty-six
4 minutes fifty-four seconds west the distance of nine hundred
5 fifty-seven and four hundred seventy-four one-thousandths feet
6 to a point; thence extending north forty-three degrees nine
7 minutes one second east the distance of nine hundred fifty-nine
8 and seven hundred sixty-seven one-thousandths feet to a point on
9 the southwesterly side of said Southampton road; thence
10 extending south fifty-four degrees ten minutes eight seconds
11 east along the southwesterly side of said Southampton road the
12 distance of twenty-five and four hundred one-thousandths feet to
13 an angle point; thence extending south forty-five degrees six
14 minutes forty seconds east along the southwesterly side of said
15 Southampton road the distance of one thousand twenty-seven and
16 four hundred one one-thousandths feet to a point, being the
17 first mentioned point and place of beginning.
18 CONTAINING in area nine hundred seventy thousand nine hundred
19 thirty-eight square feet or twenty-two and two thousand eight
20 hundred seventy-four ten-thousandths acres.
21 (c) Removal of structures.--Out of funds generated in
22 section 3, the Department of General Services shall remove, or
23 contract to have removed, all structures, debris and hazardous
24 waste from the property prior to transfer to the Department of
25 Conservation and Natural Resources.
26 (d) Interagency transfer agreement.--The interagency
27 transfer agreement shall be executed by the Secretary of General
28 Services and the Secretary of Conservation and Natural
29 Resources.
30 Section 3. Conveyance in Philadelphia County.
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1 (a) Conveyance authorized.--The Department of General
2 Services, with the approval of the Governor, is hereby
3 authorized and directed on behalf of the Commonwealth of
4 Pennsylvania to grant and convey to Philadelphia Authority for
5 Industrial Development, or its assigns, certain land and
6 improvements thereon known as Philadelphia State Hospital
7 described in subsection (b) for the consideration stated in
8 subsection (c) and subject to the conditions and restrictions
9 established by this law and by the Department of General
10 Services.
11 (b) Property description.--The property to be conveyed
12 pursuant to this section consists of approximately 130.8 acres
13 and improvements thereon situate in the Fifty-eighth Ward of the
14 City of Philadelphia bounded and described as follows (subject
15 to an official Survey and Plan):
16 TRACT ONE
17 Beginning at the point of intersection of the northwesterly
18 side of The Roosevelt Boulevard (two hundred fifty-four feet
19 wide) and the northeasterly side of Southampton Road (sixty feet
20 wide); thence extending north forty-two degrees fifty-four
21 minutes four seconds west along the northeasterly side of the
22 said Southampton Road the distance of eight hundred seventy-five
23 and five hundred forty-two one-thousandths feet to an angle
24 point; thence continuing north forty-five degrees six minutes
25 forty seconds west along the northeasterly side of said
26 Southampton Road the distance of approximately seven hundred
27 forty-three feet to a point; thence extending northeastwardly
28 along a line the distance of approximately two thousand forty-
29 two feet to an angle point; thence extending northwardly along a
30 line the distance of approximately thirty-five feet to a point;
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1 thence extending eastwardly along a line the distance of
2 approximately forty-four feet to a point; thence extending
3 northeastwardly along a line the distance of approximately two
4 hundred twenty-one feet to an angle point along the
5 southwesterly boundary of Benjamin Rush State Park; thence
6 extending south eighty-eight degrees fifty-three minutes twenty-
7 eight seconds east along a line the distance of two hundred feet
8 to an angle point; thence extending north forty-six degrees six
9 minutes thirty-two seconds east the distance of four hundred
10 twelve and two hundred ninety-two one-thousandths feet to a
11 point; thence extending south forty-one degrees fifty-four
12 minutes eleven seconds east the distance of eight hundred fifty-
13 one and one hundred sixty-eight one-thousandths feet to a point;
14 thence extending south forty-eight degrees five minutes forty-
15 nine seconds west the distance of two hundred ninety-two and six
16 hundred thirty-one one-thousandths feet to a point; thence
17 extending south three degrees five minutes forty-nine seconds
18 west the distance of three hundred sixty-eight and nine hundred
19 twenty-seven one-thousandths feet to a point; thence extending
20 south forty-one degrees fifty-four minutes eleven seconds east
21 the distance of three hundred seventy-six and two hundred
22 thirteen one-thousandths feet to a point; thence extending south
23 eighty-six degrees fifty-four minutes eleven seconds east the
24 distance of four hundred forty-two and five hundred thirty one-
25 thousandths feet to a point on the northwesterly side of said
26 The Roosevelt Boulevard; thence extending south forty-eight
27 degrees five minutes forty-nine seconds west along the
28 northwesterly side of said The Roosevelt Boulevard the distance
29 of two thousand five hundred sixty-seven and one hundred fifteen
30 one-thousandths feet to a point on the northeasterly side of
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1 said Southampton Road, being the first mentioned point and place
2 of Beginning. Containing 105.2-acres.
3 Tract 2
4 Beginning at the point of intersection of the southwesterly
5 side of Carter Road (forty-six and fifty one-hundredths feet
6 wide) and the northeasterly side of Southampton Road (sixty feet
7 wide); thence extending north forty-one degrees four minutes
8 twenty-two seconds east along the southwesterly side of said
9 Carter Road the distance of one thousand four hundred three and
10 three hundred ten one-thousandths feet to an angle point; thence
11 continuing along the southeasterly side of said Carter Road the
12 distance of nine hundred twenty-eight and four hundred forty-two
13 one-thousandths feet to a point; thence extending south forty-
14 three degrees fifty-three minutes twenty-eight seconds east the
15 distance of four hundred feet to an angle point; thence
16 extending southwestwardly along a line the distance of
17 approximately two hundred twenty-one feet to an angle point;
18 thence extending westwardly along a line the distance of
19 approximately forty-four feet to a point; thence extending
20 southwardly along a line the distance of approximately thirty-
21 five feet to an angle point; thence extending southwestwardly
22 along a line the distance of approximately two thousand forty-
23 two feet to a point on the northeasterly side of said
24 Southampton Road; thence extending north forty-five degrees six
25 minutes forty seconds west along the northeasterly side of said
26 Southampton Road the distance of approximately five hundred two
27 feet to a point on the southwesterly side of said Carter Road,
28 being the first mentioned point and place of Beginning.
29 Containing 25.6-acres.
30 (c) Consideration.--In consideration for the purchase of the
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1 property, Philadelphia Authority for Industrial Development
2 shall pay to the Department of General Services the lesser of
3 the sum of $850,000 or the total removal costs expended by the
4 Department of General Services under section 2(c). Such
5 consideration shall be paid at closing. To the extent that the
6 actual removal costs are not known at closing, Philadelphia
7 Authority for Industrial Development shall pay $850,000 at
8 closing. If the actual total removal costs expended by the
9 Department of General Services are less than $850,000,
10 Philadelphia Authority for Industrial Development shall receive
11 a monetary refund for the difference between $850,000 and the
12 actual amount of the total removal costs expended by the
13 Department of General Services.
14 (d) Conditions.--This conveyance shall be made under and
15 subject to all lawful and enforceable easements, servitudes and
16 rights of others, including, but not confined to, streets,
17 roadways and rights of any telephone, telegraph, water,
18 electric, gas or pipeline companies, as well as under and
19 subject to any other easement of record.
20 (e) Restriction.--The deed of conveyance shall contain the
21 following restriction:
22 UNDER AND SUBJECT to the restrictions, limitations and
23 conditions that a portion of the lands conveyed, known herein as
24 "Tract 2," shall be used, and limited to, permitted open space
25 benefits as defined in section 2 of the act of January 19, 1968
26 (1967 P.L.992, No.442), entitled, as amended, "An act
27 authorizing the Commonwealth of Pennsylvania and the local
28 government units thereof to preserve, acquire or hold land for
29 open space uses."
30 (f) Deed.--The deed of conveyance shall be by Special
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1 Warranty Deed and shall be executed by the Secretary of General
2 Services in the name of the Commonwealth of Pennsylvania.
3 (g) Costs and fees.--Costs and fees incidental to this
4 conveyance shall be borne by the Grantee.
5 (h) Proceeds.--Sale proceeds from this conveyance shall be
6 deposited into the Capital Facilities Fund to be used by the
7 Department of General Services to remove, or to contract to have
8 removed, all structures, debris and hazardous waste from the
9 property to be transferred to the Department of Conservation and
10 Natural Resources required in section 2.
11 (i) Alternative disposition.--In the event that, WITHIN SIX <--
12 MONTHS OF THE EFFECTIVE DATE OF THIS ACT, this conveyance is not
13 executed in accordance with this act and the terms established
14 in an THE Agreement of Sale with the Department of General <--
15 Services dated July 17, 2002, as amended and as may be amended <--
16 by the mutual consent of the parties THROUGH JUNE 30, 2003, the <--
17 property may be disposed of in accordance with Article 2406-A of
18 the act of April 9, 1929 (P.L.177, No.175), known as The
19 Administrative Code of 1929.
20 Section 4. Effective date.
21 This act shall take effect immediately.
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