PRINTER'S NO. 4491
No. 2873 Session of 2006
INTRODUCED BY McGEEHAN, JULY 1, 2006
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 1, 2006
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the concurrence of the Department of Environmental
3 Protection, to lease land within the bed of the Delaware
4 River within the City of Philadelphia.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Lands within the Delaware River bed.
8 (a) Authorization.--The Commonwealth of Pennsylvania owns
9 the lands within the bed of the Delaware River, a portion of
10 which lands are located in the 65th Ward of the City of
11 Philadelphia. The Department of General Services, with the
12 concurrence of the Department of Environmental Protection,
13 acting on behalf of the Commonwealth, is hereby authorized to
14 lease for an initial term of up to 99 years, land within the bed
15 of the Delaware River in the City of Philadelphia and to extend
16 the period for all or any portion of the leased premises for an
17 additional term of up to 99 years.
18 (b) Description.--The land to be leased is approximately 7.0
1 acres of filled land more particularly described as follows:
2 ALL THAT CERTAIN lot or piece of ground together with the
3 improvements thereon erected, situate in the 65th Ward of the
4 City of Philadelphia and described as follows to wit:
5 BEGINNING AT AN INTERNAL POINT said point being the
6 intersection of the Northeasterly side of Premises A as shown on
7 Independence Point, Lot Line Relocation Plan prepared by Pennoni
8 Associates Inc., dated 05/19/05, with the Bulkhead line Delaware
9 River approved by the Secretary of War on September 10, 1940,
10 said point being distant South 34 degrees 12 minutes 22 seconds
11 East, 3,069.098 feet from a point on the Southeasterly side of
12 State Road (80 feet wide) as shown on said Lot Line Relocation
13 Plan;
14 THENCE from said Point of Beginning extending South 34
15 degrees 12 minutes 22 seconds East, 299.685 feet to the Pierhead
16 line of the Delaware River approved by the Secretary of War on
17 September 10, 1940;
18 THENCE extending along the Pierhead Line of Delaware River
19 the following two (2) courses and distances:
20 (1) South 52 degrees 42 minutes 41 seconds West, 533.414
21 feet to an angle point;
22 (2) South 69 degrees 24 minutes 38 seconds West, 837.490
23 feet to a Point on the Southwesterly line of Premises A;
24 THENCE extending by the Southwesterly line of Premises A,
25 North 32 degrees 39 minutes 35 seconds West, 306.032 feet to a
26 point on the Bulkhead Line of the Delaware River;
27 THENCE extending along the Bulkhead Line of the Delaware
28 River the following two (2) courses and distances:
29 (1) North 69 degrees 24 minutes 38 seconds East, 857.615
30 feet to an angle point;
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1 (2) North 52 degrees 42 minutes 41 seconds East, 505.557
2 feet to the first mentioned point and place of beginning
3 Containing 409,100 Square Feet of 9.39164 Acres, more or
4 less, be the contents thereof what they may. Excluding, however,
5 all areas herein now covered by open water.
6 (c) Lease agreement.--The lease and any other documents
7 hereby contemplated shall be approved by the Attorney General
8 and shall be executed by the Department of General Services,
9 with the concurrence of the Department of Environmental
10 Protection, in the name of the Commonwealth. The lease shall
11 grant the lessee, and all successors, assigns and sublessees,
12 the right to use the above-described premises, or to assign the
13 lease or sublease or permit the sublease of the above-described
14 premises for the purposes of development, for residential,
15 office, commercial, condominium, hotel, marina or other uses.
16 Any development on the above-described premises, which premises
17 also include, for this purpose, the portions of the above-
18 described parcels situate on the Northwesterly side of the
19 Bulkhead Line of the Delaware River established January 5, 1894,
20 and approved by the Secretary of War September 10, 1940, is
21 exempt from any requirement that the project be water dependent.
22 Public access to the Delaware River shall be in conformance with
23 the Waterfront Setback requirements set forth in Section 14-
24 216(6)(g) of the Philadelphia Code, enacted into law by an
25 Ordinance enacting Bill No. 050465, passed by the City Council
26 on June 16, 2005 and signed by the Mayor on July 8, 2005, and no
27 further public access will be required of lessee. Any mitigation
28 which the Department of Environmental Protection is permitted to
29 require of lessee under the act of November 26, 1978 (P.L.1375,
30 No.325), known as the Dam Safety and Encroachments Act, may be
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1 made solely by financial compensation.
2 (d) Sublease.--The Department of General Services, with the
3 concurrence of the Department of Environmental Protection,
4 acting on behalf of the Commonwealth, is also specifically
5 authorized to enter into one or more nondisturbance agreements
6 with any sublessee of the premises described in this act
7 pursuant to which the Commonwealth will agree that, if the
8 Commonwealth succeeds to the interest of the sublessor under the
9 sublease, it will not terminate the sublease unless the
10 sublessee is in default.
11 (e) Land use restriction.--All leases authorized or referred
12 to under this act shall be made under and subject to the
13 condition, which shall be contained in the lease documents, that
14 no portion of the parcels shall be used as a licensed facility
15 as defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
16 other similar type of facility authorized under the laws of this
17 Commonwealth. This condition shall be a covenant running with
18 the land and shall be binding upon the lessee and sublessees and
19 their respective successors and assigns. Should any portion of
20 any parcel authorized to be leased under this act be used in
21 violation of this subsection, the lease shall terminate
22 immediately.
23 (f) Improvements.--
24 (1) The Department of General Services, with the
25 approval of the Attorney General, is hereby authorized to
26 execute, on behalf of the Commonwealth, any declaration or
27 other document necessary to submit these premises or any
28 portion thereof and any improvements thereon to the
29 provisions of 68 Pa.C.S. Pt. II Subpt. B (relating to
30 condominiums) as a leasehold condominium.
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1 (2) Development of the parcels authorized to be leased
2 herein shall be consistent with public and maritime uses as
3 permitted herein.
4 (3) The lessee, all sublessees and their respective
5 successors and assigns shall provide and maintain at least
6 the following free public access to the riverfront for
7 fishing and other recreation activities and free public
8 parking in connection with such access:
9 (i) A minimum of ten free public parking spaces
10 available at all times located proximate to the public
11 walkway near the water edge and signage indicating the
12 free public parking.
13 (ii) Public walkways on the riverfront, including
14 water edge promenades along the entire water edge of the
15 leasehold and adjacent to the water and providing free
16 public access to the water and allowing for passive and
17 active recreational activities year-round and signage
18 indicating the walkways are open to the general public.
19 (iii) A free public park area along the public
20 walkway near the water.
21 (iv) Public access to the Delaware River which
22 conforms with the Waterfront Setback requirements set
23 forth in Section 14-216(6)(g) of the Philadelphia Code
24 (enacted into law by an Ordinance enacting Bill No.
25 050465, passed by the City Council on June 16, 2005, and
26 signed by the Mayor on July 8, 2005).
27 (4) The lessee named herein will assure that the public
28 access and parking constructed pursuant to this act shall be
29 maintained. Should the lessee, any sublessee or any of their
30 respective successors or assigns wish to modify the public
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1 access and parking required by this paragraph, it must obtain
2 the prior written approval of the Department of Environmental
3 Protection and the Department of General Services, which
4 approval shall not be unreasonably withheld. The public
5 access and parking shall be completed and open to the public
6 no later than the date the first tenant or resident occupies
7 the land adjacent to the leasehold.
8 (5) Before any fill is placed or any structure is
9 erected upon, in or over those portions of the parcels which
10 are presently under water, the person placing such fill or
11 erecting such structure shall comply with the relevant
12 provisions of the act of November 26, 1978 (P.L.1375,
13 No.325), known as the Dam Safety and Encroachments Act, which
14 may require further measures to provide for public access and
15 use of the land and adjacent water.
16 (6) These conditions shall be covenants that run with
17 the land and shall be binding upon the lessee, any sublessee
18 and their respective successors and assigns. Should the
19 lessee, any sublessee or any of their respective successors
20 or assigns permit the parcels authorized to be leased herein,
21 or any portion thereof, to be used in a manner inconsistent
22 with the conditions contained in this subsection, all rights
23 and interests in the lease authorized by this act shall
24 terminate immediately.
25 (g) Consideration.--The Department of General Services shall
26 lease the land within the bed of the Delaware River as described
27 in subsection (b) upon such terms and conditions and for such
28 consideration as it shall, with the concurrence of the
29 Department of Environmental Protection, establish through the
30 lease agreements.
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1 (h) Costs and fees.--Costs and fees incidental to the lease
2 authorized by section 1 shall be borne by the lessee.
3 (i) Time limitation.--In the event that the lease authorized
4 by this section is not executed within 18 months following the
5 effective date of this act, the authority contained herein shall
6 be void.
7 Section 2. Effective date.
8 This act shall take effect immediately.
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