PRINTER'S NO. 985
No. 819 Session of 2003
INTRODUCED BY STACK, JUNE 17, 2003
REFERRED TO STATE GOVERNMENT, JUNE 17, 2003
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor, to transfer jurisdiction
3 and control from the Department of General Services to the
4 Department of Conservation and Natural Resources, of certain
5 lands situate in the City of Philadelphia, Philadelphia
6 County; and authorizing and directing the Department of
7 General Services, with the approval of the Governor, to grant
8 and convey to the Philadelphia Authority for Industrial
9 Development a tract of land situate in the City of
10 Philadelphia, Philadelphia County.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Transfer of jurisdiction in Philadelphia County.
14 (a) Transfer of jurisdiction authorized.--The Department of
15 General Services, with the approval of the Governor, is hereby
16 authorized and directed on behalf of the Commonwealth of
17 Pennsylvania to transfer jurisdiction and control from the
18 Department of General Services to the Department of Conservation
19 and Natural Resources, certain lands situate in the City of
20 Philadelphia, Philadelphia County, as more fully described in
21 subsection (b). These lands shall be added to those lands
1 designated as Benjamin Rush State Park by the act of December
2 22, 1975 (P.L.606, No.175), entitled, "An act authorizing and
3 directing the Department of General Services, or such department
4 and The General State Authority, to convey to Philadelphia or
5 transfer jurisdiction within the State government of certain
6 tracts of Commonwealth real property acquired under the act of
7 September 29, 1938 (Sp. Sess., P.L.53, No.21), entitled, as
8 amended, 'An act relating to institutions of counties, cities,
9 wards, boroughs, townships, institution districts and other
10 political subdivisions, for the care, maintenance, and treatment
11 of mental patients; providing for the transfer to the
12 Commonwealth for the care, maintenance and treatment of mental
13 patients of such institutions, and all grounds, lands, buildings
14 and personal property of such political subdivisions used for
15 the care and maintenance of indigent persons connected with such
16 mental institutions; providing for the management and operation
17 or closing and abandonment thereof; and the maintenance of
18 mental patients therein; including the collection of maintenance
19 in certain cases; providing for the retransfer of certain
20 property to counties, cities, wards, boroughs, townships,
21 institution districts and other political subdivisions under
22 certain circumstances; conferring and imposing upon the
23 Governor, the Department of Welfare, the courts of common pleas
24 and counties, cities, wards, boroughs, townships, institution
25 districts and other political subdivisions certain powers and
26 duties; prohibiting cities, counties, wards, boroughs,
27 townships, institution districts and other political
28 subdivisions from maintaining and operating institutions, in
29 whole or in part, for the care and treatment of mental patients;
30 and repealing inconsistent laws,' imposing powers and duties on
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1 the Department of Environmental Resources in connection with one
2 such tract, and providing for use of land conveyed to the City
3 of Philadelphia."
4 (b) Property description.--The property to be transferred
5 pursuant to this section consists of approximately 22.29 acres,
6 more particularly described as follows:
7 ALL THAT CERTAIN lot or piece of ground situate in the Fifty-
8 eight Ward of the City of Philadelphia and described as follows
9 (subject to an official survey and Plan): BEGINNING at a point
10 on the southwesterly side of Southampton road (sixty feet wide)
11 the two following courses and distances from the northwesterly
12 side of The Roosevelt boulevard (two hundred fifty-four feet
13 wide): (1) north forty-two degrees fifty-four minutes forty
14 seconds west along the southwesterly side of said Southampton
15 road the distance of eight hundred seventy-three and three
16 hundred thirty-five feet to an angle point; and (2) north forty-
17 five degrees six minutes forty seconds west along the
18 southwesterly side of said Southampton road the distance of two
19 hundred six and one hundred sixty-eight one-thousandths feet to
20 said beginning point; thence extending south forty-eight degrees
21 forty-six minutes fifty seconds west the distance of nine
22 hundred seventy-one and sixty-nine one-thousandths feet to a
23 point; thence extending north forty-four degrees forty-six
24 minutes fifty-four seconds west the distance of nine hundred
25 fifty-seven and four hundred seventy-four one-thousandths feet
26 to a point; thence extending north forty-three degrees nine
27 minutes one second east the distance of nine hundred fifty-nine
28 and seven hundred sixty-seven one-thousandths feet to a point on
29 the southwesterly side of said Southampton road; thence
30 extending south fifty-four degrees ten minutes eight seconds
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1 east along the southwesterly side of said Southampton road the
2 distance of twenty-five and four hundred one-thousandths feet to
3 an angle point; thence extending south forty-five degrees six
4 minutes forty seconds east along the southwesterly side of said
5 Southampton road the distance of one thousand twenty-seven and
6 four hundred one one-thousandths feet to a point, being the
7 first mentioned point and place of beginning.
8 CONTAINING in area nine hundred seventy thousand nine hundred
9 thirty-eight square feet or twenty-two and two thousand eight
10 hundred seventy-four ten-thousandths acres.
11 (c) Removal of structures.--Out of funds generated in
12 section 2, the Department of General Services shall remove, or
13 contract to have removed, all structures, debris and hazardous
14 waste from the property prior to transfer to the Department of
15 Conservation and Natural Resources.
16 (d) Interagency transfer agreement.--The interagency
17 transfer agreement shall be executed by the Secretary of General
18 Services and the Secretary of Conservation and Natural
19 Resources.
20 Section 2. Conveyance in Philadelphia County.
21 (a) Conveyance authorized.--The Department of General
22 Services, with the approval of the Governor, is hereby
23 authorized and directed on behalf of the Commonwealth of
24 Pennsylvania to grant and convey to Philadelphia Authority for
25 Industrial Development, or its assigns, certain land and
26 improvements thereon known as Philadelphia State Hospital
27 described in subsection (b) for the consideration stated in
28 subsection (c) and subject to the conditions and restrictions
29 established by this law and by the Department of General
30 Services.
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1 (b) Property description.--The property to be conveyed
2 pursuant to this section 2 consists of approximately 130.8 acres
3 and improvements thereon situate in the Fifty-eighth Ward of the
4 City of Philadelphia bounded and described as follows (subject
5 to an official Survey and Plan):
6 TRACT ONE
7 Beginning at the point of intersection of the northwesterly
8 side of The Roosevelt Boulevard (two hundred fifty-four feet
9 wide) and the northeasterly side of Southampton Road (sixty feet
10 wide); thence extending north forty-two degrees fifty-four
11 minutes four seconds west along the northeasterly side of the
12 said Southampton Road the distance of eight hundred seventy-five
13 and five hundred forty-two one-thousandths feet to an angle
14 point; thence continuing north forty-five degrees six minutes
15 forty seconds west along the northeasterly side of said
16 Southampton Road the distance of approximately seven hundred
17 forty-three feet to a point; thence extending northeastwardly
18 along a line the distance of approximately two thousand forty-
19 two feet to an angle point; thence extending northwardly along a
20 line the distance of approximately thirty-five feet to a point;
21 thence extending eastwardly along a line the distance of
22 approximately forty-four feet to a point; thence extending
23 northeastwardly along a line the distance of approximately two
24 hundred twenty-one feet to an angle point along the
25 southwesterly boundary of Benjamin Rush State Park; thence
26 extending south eighty-eight degrees fifty-three minutes twenty-
27 eight seconds east along a line the distance of two hundred feet
28 to an angle point; thence extending north forty-six degrees six
29 minutes thirty-two seconds east the distance of four hundred
30 twelve and two hundred ninety-two one-thousandths feet to a
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1 point; thence extending south forty-one degrees fifty-four
2 minutes eleven seconds east the distance of eight hundred fifty-
3 one and one hundred sixty-eight one-thousandths feet to a point;
4 thence extending south forty-eight degrees five minutes forty-
5 nine seconds west the distance of two hundred ninety-two and six
6 hundred thirty-one one-thousandths feet to a point; thence
7 extending south three degrees five minutes forty-nine seconds
8 west the distance of three hundred sixty-eight and nine hundred
9 twenty-seven one-thousandths feet to a point; thence extending
10 south forty-one degrees fifty-four minutes eleven seconds east
11 the distance of three hundred seventy-six and two hundred
12 thirteen one-thousandths feet to a point; thence extending south
13 eighty-six degrees fifty-four minutes eleven seconds east the
14 distance of four hundred forty-two and five hundred thirty one-
15 thousandths feet to a point on the northwesterly side of said
16 The Roosevelt Boulevard; thence extending south forty-eight
17 degrees five minutes forty-nine seconds west along the
18 northwesterly side of said The Roosevelt Boulevard the distance
19 of two thousand five hundred sixty-seven and one hundred fifteen
20 one-thousandths feet to a point on the northeasterly side of
21 said Southampton Road, being the first mentioned point and place
22 of Beginning. Containing 105.2-acres.
23 Tract 2
24 Beginning at the point of intersection of the southwesterly
25 side of Carter Road (forty-six and fifty one-hundredths feet
26 wide) and the northeasterly side of Southampton Road (sixty feet
27 wide); thence extending north forty-one degrees four minutes
28 twenty-two seconds east along the southwesterly side of said
29 Carter Road the distance of one thousand four hundred three and
30 three hundred ten one-thousandths feet to an angle point; thence
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1 continuing along the southeasterly side of said Carter Road the
2 distance of nine hundred twenty-eight and four hundred forty-two
3 one-thousandths feet to a point; thence extending south forty-
4 three degrees fifty-three minutes twenty-eight seconds east the
5 distance of four hundred feet to an angle point; thence
6 extending southwestwardly along a line the distance of
7 approximately two hundred twenty-one feet to an angle point;
8 thence extending westwardly along a line the distance of
9 approximately forty-four feet to a point; thence extending
10 southwardly along a line the distance of approximately thirty-
11 five feet to an angle point; thence extending southwestwardly
12 along a line the distance of approximately two thousand forty-
13 two feet to a point on the northeasterly side of said
14 Southampton Road; thence extending north forty-five degrees six
15 minutes forty seconds west along the northeasterly side of said
16 Southampton Road the distance of approximately five hundred two
17 feet to a point on the southwesterly side of said Carter Road,
18 being the first mentioned point and place of Beginning.
19 Containing 25.6-acres.
20 (c) Consideration.--In consideration for the purchase of the
21 property, Philadelphia Authority for Industrial Development
22 shall pay to the Department of General Services the lesser of
23 the sum of $850,000 or the total removal costs expended by the
24 Department of General Services under section 1(c). Such
25 consideration shall be paid at closing. To the extent that the
26 actual removal costs are not known at closing, Philadelphia
27 Authority for Industrial Development shall pay $850,000 at
28 closing. If the actual total removal costs expended by the
29 Department of General Services are less than $850,000,
30 Philadelphia Authority for Industrial Development shall receive
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1 a monetary refund for the difference between $850,000 and the
2 actual amount of the total removal costs expended by the
3 Department of General Services.
4 (d) Conditions.--This conveyance shall be made under and
5 subject to all lawful and enforceable easements, servitudes and
6 rights of others, including, but not confined to, streets,
7 roadways and rights of any telephone, telegraph, water,
8 electric, gas or pipeline companies, as well as under and
9 subject to any other easement of record.
10 (e) Restriction.--The deed of conveyance shall contain the
11 following restriction:
12 UNDER AND SUBJECT to the restrictions, limitations and
13 conditions that a portion of the lands conveyed, known herein as
14 "Tract 2," shall be used, and limited to, permitted open space
15 benefits as defined in section 2 of the act of January 19, 1968
16 (1967 P.L.992, No.442), entitled, as amended, "An act
17 authorizing the Commonwealth of Pennsylvania and the local
18 government units thereof to preserve, acquire or hold land for
19 open space uses."
20 (f) Deed.--The deed of conveyance shall be by Special
21 Warranty Deed and shall be executed by the Secretary of General
22 Services in the name of the Commonwealth of Pennsylvania.
23 (g) Costs and fees.--Costs and fees incidental to this
24 conveyance shall be borne by the Grantee.
25 (h) Proceeds.--Sale proceeds from this conveyance shall be
26 deposited into the Capital Facilities Fund to be used by the
27 Department of General Services to remove, or to contract to have
28 removed, all structures, debris and hazardous waste from the
29 property to be transferred to the Department of Conservation and
30 Natural Resources required in section 1.
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1 (i) Alternative disposition.--In the event that this
2 conveyance is not executed in accordance with this act and the
3 terms established in an Agreement of Sale with the Department of
4 General Services, dated July 17, 2002, as amended and as may be
5 amended by the mutual consent of the parties, the property may
6 be disposed of in accordance with Article 2406-A of the act of
7 April 9, 1929 (P.L.177, No.175), known as The Administrative
8 Code of 1929.
9 Section 3. Effective date.
10 This act shall take effect immediately.
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