HOUSE AMENDED
PRIOR PRINTER'S NOS. 939, 2340 PRINTER'S NO. 2424
No. 845 Session of 1989
INTRODUCED BY RHOADES AND LEMMOND, APRIL 17, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 1990
AN ACT
1 Authorizing and directing the Department of General Services, <--
2 with the approval of the Governor and the Chancellor of the
3 State System of Higher Education, to convey to Pocono Medical
4 Center a certain tract of land situate in the Borough of East
5 Stroudsburg, Monroe County, in exchange for a certain tract
6 of land of approximately equal value.
7 AUTHORIZING THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION TO <--
8 ACQUIRE, FOR A NOMINAL SUM OR GIFT, ON BEHALF OF THE
9 COMMONWEALTH, THE NEW FREEDOM THEATRE IN THE CITY OF
10 PHILADELPHIA; PROVIDING FOR ITS RENOVATION AND AUTHORIZING AN
11 AGREEMENT FOR THE EXCLUSIVE POSSESSION AND ADMINISTRATION
12 THEREOF BY NEW FREEDOM THEATRE, INC.; AND PROVIDING FOR THE
13 REVERSION OF OWNERSHIP TO NEW FREEDOM THEATRE, INC.
14 AUTHORIZING THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION TO <--
15 ACQUIRE, FOR A NOMINAL SUM OR GIFT, ON BEHALF OF THE
16 COMMONWEALTH, THE NEW FREEDOM THEATRE IN THE CITY OF
17 PHILADELPHIA; PROVIDING FOR ITS RENOVATION AND AUTHORIZING AN
18 AGREEMENT FOR THE ADMINISTRATION THEREOF BY THE NEW FREEDOM
19 THEATRE GROUP.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The Department of General Services, with the <--
23 approval of the Governor and the Chancellor of the State System
24 of Higher Education, is hereby authorized and directed on behalf
25 of the Commonwealth of Pennsylvania to grant and convey to
1 Pocono Medical Center the following tract of land bounded and
2 described as follows:
3 All that certain lot, piece or parcel of land situated in the
4 Borough of East Stroudsburg, County of Monroe, Commonwealth of
5 Pennsylvania, bounded and described as follows:
6 Beginning at a concrete monument on the northerly line of
7 East Brown Street, the southeasterly corner of lands of Pocono
8 Hospital; thence by lands of Pocono Hospital North 12 degrees 53
9 minutes 47 seconds West 486.50 feet to a point, the
10 northeasterly corner of said lands of Pocono Hospital; thence by
11 lands of East Stroudsburg University, of which this parcel of
12 land was formerly a part, South 23 degrees 39 minutes 16 seconds
13 East 495.59 feet to a point on the northerly line of East Brown
14 Street; thence along said northerly line of East Brown Street
15 South 77 degrees 20 minutes 09 seconds West 92.51 feet to the
16 place of beginning.
17 Containing 22,502 square feet more or less.
18 Section 2. The conveyance authorized by section 1 shall be
19 in exchange for the conveyance by Pocono Medical Center to the
20 Commonwealth of Pennsylvania of a tract of land of approximately
21 equal value, bounded and described as follows:
22 All that certain messuage known as 220 Normal Street and lot,
23 tract, piece or parcel of land, situate in the Second Ward of
24 the Borough of East Stroudsburg, County of Monroe, and
25 Commonwealth of Pennsylvania, bounded and described as follows,
26 Beginning at a post on the north side of Normal Street, being
27 the eastern corner on Normal Street of and formerly of W. S.
28 Felver; thence along the line of said land of formerly W.S.
29 Felver in a northerly direction at a right angle to the line of
30 Normal Street, two hundred feet to a post in the line of land
19890S0845B2424 - 2 -
1 late of Elizabeth LeBar; thence along the said line of land late
2 of said Elizabeth LeBar in an easterly direction forty feet and
3 six inches, more or less, to other lands formerly of Albert W.
4 Knapp; thence along said other lands formerly of said Albert W.
5 Knapp in a southerly direction and at right angles to the line
6 of Normal Street two hundred feet and six inches, more or less,
7 to the said northerly line of said Normal Street; thence along
8 said line of said Normal Street in a westerly direction forty
9 feet to the place of beginning.
10 Section 3. The conveyance authorized by section 1 shall be
11 made under and subject to all easements, servitudes and rights
12 of others, including, but not confined to, streets, roadways and
13 rights of telephone, telegraph, water, electric, sewer, gas or
14 pipeline companies, as well as under and subject to any
15 interest, estates or tenancies vested in third persons, whether
16 or not appearing of record, for any portion of the land or
17 improvements erected thereon.
18 Section 4. The deed of conveyance shall be approved as
19 required by law and shall be executed by the Secretary of
20 General Service in the name of the Commonwealth of Pennsylvania.
21 Section 5. The parties to the transaction shall bear their
22 respective costs.
23 Section 6. This act shall take effect immediately.
24 SECTION 1. SHORT TITLE. <--
25 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE NEW FREEDOM
26 THEATRE ACT.
27 SECTION 2. DEFINITIONS.
28 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
29 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
30 CONTEXT CLEARLY INDICATES OTHERWISE:
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1 "COMMISSION." THE PENNSYLVANIA HISTORICAL AND MUSEUM
2 COMMISSION.
3 SECTION 3. ACQUISITION.
4 (A) AUTHORIZATION.--THE COMMISSION IS AUTHORIZED TO ACQUIRE
5 FOR A NOMINAL SUM OR AS A GIFT, ON BEHALF OF THE COMMONWEALTH,
6 THE REAL PROPERTY, INCLUDING IMPROVEMENTS, ON WHICH IS LOCATED
7 THE NEW FREEDOM THEATRE IN THE COUNTY OF PHILADELPHIA.
8 (B) TITLE.--TITLE TO THE PROPERTY SHALL BE IN THE FOLLOWING
9 FORM: THE COMMONWEALTH SHALL HAVE AN ESTATE FOR 20 YEARS, AND
10 THE REMAINDER SHALL PASS TO NEW FREEDOM THEATRE, INC., OR ITS
11 SUCCESSOR.
12 SECTION 4. RESTORATION AND MAINTENANCE.
13 UPON ACQUISITION, THE COMMISSION IS DIRECTED TO RESTORE,
14 IMPROVE AND MAINTAIN, OR CONTRACT FOR THE RESTORATION,
15 IMPROVEMENT AND MAINTENANCE OF, THE NEW FREEDOM THEATRE.
16 SECTION 5. SUPERVISION AND MANAGEMENT.
17 THE COMMISSION IS AUTHORIZED AND DIRECTED TO ENTER INTO AN
18 AGREEMENT WITH NEW FREEDOM THEATRE, INC., WHEREBY NEW FREEDOM
19 THEATRE, INC., AND ITS SUCCESSORS HAVE EXCLUSIVE POSSESSION AND
20 ADMINISTRATION OF THE NEW FREEDOM THEATRE. THE AGREEMENT SHALL
21 CONTAIN A COVENANT WHICH OBLIGATES NEW FREEDOM THEATRE, INC., TO
22 MAINTAIN THE PROPERTY SO AS TO PROMOTE PUBLIC AWARENESS OF THE
23 HISTORY AND CULTURE OF AFRICAN-AMERICANS.
24 SECTION 6. EFFECTIVE DATE.
25 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
26 SECTION 1. ACCEPTANCE OF GIFT. <--
27 THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION IS HEREBY
28 AUTHORIZED AND EMPOWERED TO ACQUIRE FOR A NOMINAL SUM OR GIFT,
29 ON BEHALF OF THE COMMONWEALTH, THE NEW FREEDOM THEATRE WHICH IS
30 LOCATED IN THE CITY OF PHILADELPHIA.
19890S0845B2424 - 4 -
1 SECTION 2. RESTORATION AND MAINTENANCE.
2 UPON ACQUISITION, THE PENNSYLVANIA HISTORICAL AND MUSEUM
3 COMMISSION IS DIRECTED TO RESTORE, IMPROVE AND MAINTAIN, OR
4 CONTRACT FOR THE RESTORATION, IMPROVEMENT AND MAINTENANCE OF,
5 THE NEW FREEDOM THEATRE.
6 SECTION 3. SUPERVISION AND MANAGEMENT.
7 THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION IS
8 AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE NEW FREEDOM
9 THEATRE GROUP WHEREBY IT SHALL HAVE POSSESSION AND
10 ADMINISTRATION OF THE NEW FREEDOM THEATRE. THE AGREEMENT SHALL
11 ESTABLISH THE TERMS OF POSSESSION IN THE FORM OF A LEASE
12 ACCEPTABLE TO BOTH PARTIES. THE AGREEMENT SHALL CONTAIN A
13 COVENANT OF THAT GROUP TO MAINTAIN THE PROPERTY SO AS TO PROMOTE
14 PUBLIC AWARENESS OF THE HISTORY AND CULTURE OF AFRICAN-
15 AMERICANS.
16 SECTION 4. EFFECTIVE DATE.
17 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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