HOUSE AMENDED
PRIOR PRINTER'S NOS. 28, 820, 858 PRINTER'S NO. 993
No. 44 Session of 2003
INTRODUCED BY PICCOLA, JANUARY 22, 2003
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 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
1 Pennsylvania State Police headquarters described in subsection
2 (b) for fair market value as determined by an independent
3 appraisal.
4 (b) Property description.--The property to be conveyed
5 pursuant to this section consists of approximately 2.83 acres of
6 land bounded and described as follows:
7 All that certain tract of land, with the existing structures
8 and appurtenances erected thereon, located on the north side of
9 Herr Street and situate in the Township of Susquehanna, County
10 of Dauphin and Commonwealth of Pennsylvania, as shown on the
11 property plan prepared by the Department of General Services
12 (DGS), designated as Project No. DGS A 900-1, dated June 12,
13 1979 and being more fully bounded and described, as follows, to
14 wit:
15 Beginning at a point, said point being the easternmost corner
16 of the herein described tract of land;
17 Thence, leaving said Beginning Point and along the northern
18 Right-of-Way line of Herr Street, South 78 degrees 18 minutes 43
19 seconds West 591.29 feet to a point, in line of land of the
20 Commonwealth of Pennsylvania;
21 Thence, along the same, the eight (8) following courses and
22 distances, viz:
23 1. North 11 degrees 23 minutes 43 seconds West 114.28
24 feet to a point
25 2. North 79 degrees 01 minutes 54 seconds East 197.16
26 feet to a point
27 3. North 14 degrees 43 minutes 00 seconds West 14.58
28 feet to a point
29 4. North 75 degrees 06 minutes 46 seconds East 34.71
30 feet to a point
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1 5. North 38 degrees 46 minutes 20 seconds East 333.92
2 feet to a point
3 6. North 56 degrees 23 minutes 21 seconds East 55.74
4 feet to a point
5 7. North 75 degrees 35 minutes 00 seconds East 48.53
6 feet to a point
7 8. South 12 degrees 00 minutes 00 seconds East 364.02
8 feet to the Place of Beginning
9 Containing: 2.83 acres
10 (c) Conditions.--The conveyance shall be made under and
11 subject to all lawful and enforceable easements, servitudes and
12 rights of others, including but not confined to streets,
13 roadways and rights of any telephone, telegraph, water,
14 electric, gas or pipeline companies, as well as under and
15 subject to any lawful and enforceable estates or tenancies
16 vested in third persons appearing of record, for any portion of
17 the land or improvements erected thereon.
18 (d) Deed.--The deed of conveyance shall be by Special
19 Warranty Deed and shall be executed by the Secretary of General
20 Services in the name of the Commonwealth of Pennsylvania.
21 (e) Costs and fees.--Costs and fees incidental to this
22 conveyance shall be borne by the grantee.
23 (f) Alternative disposition.--In the event that this
24 conveyance is not executed within 12 months of the effective
25 date of this act, the property may be disposed of in accordance
26 with section 2406-A of the act of April 9, 1929 (P.L.177,
27 No.175), known as The Administrative Code of 1929.
28 (g) Deposit of proceeds.--The proceeds from the sale shall
29 be deposited in the Capital Facilities Fund to lease or purchase
30 storage/swing space for the Department of General Services for
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1 Project No. DGS 948-35. Any proceeds remaining shall be
2 transferred to the General Fund.
3 SECTION 2. TRANSFER OF JURISDICTION IN PHILADELPHIA COUNTY. <--
4 (A) TRANSFER OF JURISDICTION AUTHORIZED.--THE DEPARTMENT OF
5 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
6 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
7 PENNSYLVANIA TO TRANSFER JURISDICTION AND CONTROL FROM THE
8 DEPARTMENT OF GENERAL SERVICES TO THE DEPARTMENT OF CONSERVATION
9 AND NATURAL RESOURCES, CERTAIN LANDS SITUATE IN THE CITY OF
10 PHILADELPHIA, PHILADELPHIA COUNTY, AS MORE FULLY DESCRIBED IN
11 SUBSECTION (B). THESE LANDS SHALL BE ADDED TO THOSE LANDS
12 DESIGNATED AS BENJAMIN RUSH STATE PARK BY THE ACT OF DECEMBER
13 22, 1975 (P.L.606, NO.175), ENTITLED, "AN ACT AUTHORIZING AND
14 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, OR SUCH DEPARTMENT
15 AND THE GENERAL STATE AUTHORITY, TO CONVEY TO PHILADELPHIA OR
16 TRANSFER JURISDICTION WITHIN THE STATE GOVERNMENT OF CERTAIN
17 TRACTS OF COMMONWEALTH REAL PROPERTY ACQUIRED UNDER THE ACT OF
18 SEPTEMBER 29, 1938 (SP. SESS., P.L.53, NO.21), ENTITLED, AS
19 AMENDED, 'AN ACT RELATING TO INSTITUTIONS OF COUNTIES, CITIES,
20 WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION DISTRICTS AND OTHER
21 POLITICAL SUBDIVISIONS, FOR THE CARE, MAINTENANCE, AND TREATMENT
22 OF MENTAL PATIENTS; PROVIDING FOR THE TRANSFER TO THE
23 COMMONWEALTH FOR THE CARE, MAINTENANCE AND TREATMENT OF MENTAL
24 PATIENTS OF SUCH INSTITUTIONS, AND ALL GROUNDS, LANDS, BUILDINGS
25 AND PERSONAL PROPERTY OF SUCH POLITICAL SUBDIVISIONS USED FOR
26 THE CARE AND MAINTENANCE OF INDIGENT PERSONS CONNECTED WITH SUCH
27 MENTAL INSTITUTIONS; PROVIDING FOR THE MANAGEMENT AND OPERATION
28 OR CLOSING AND ABANDONMENT THEREOF; AND THE MAINTENANCE OF
29 MENTAL PATIENTS THEREIN; INCLUDING THE COLLECTION OF MAINTENANCE
30 IN CERTAIN CASES; PROVIDING FOR THE RETRANSFER OF CERTAIN
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1 PROPERTY TO COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS,
2 INSTITUTION DISTRICTS AND OTHER POLITICAL SUBDIVISIONS UNDER
3 CERTAIN CIRCUMSTANCES; CONFERRING AND IMPOSING UPON THE
4 GOVERNOR, THE DEPARTMENT OF WELFARE, THE COURTS OF COMMON PLEAS
5 AND COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION
6 DISTRICTS AND OTHER POLITICAL SUBDIVISIONS CERTAIN POWERS AND
7 DUTIES; PROHIBITING CITIES, COUNTIES, WARDS, BOROUGHS,
8 TOWNSHIPS, INSTITUTION DISTRICTS AND OTHER POLITICAL
9 SUBDIVISIONS FROM MAINTAINING AND OPERATING INSTITUTIONS, IN
10 WHOLE OR IN PART, FOR THE CARE AND TREATMENT OF MENTAL PATIENTS;
11 AND REPEALING INCONSISTENT LAWS,' IMPOSING POWERS AND DUTIES ON
12 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES IN CONNECTION WITH ONE
13 SUCH TRACT, AND PROVIDING FOR USE OF LAND CONVEYED TO THE CITY
14 OF PHILADELPHIA."
15 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE TRANSFERRED
16 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 22.29 ACRES,
17 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
18 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE FIFTY-
19 EIGHT WARD OF THE CITY OF PHILADELPHIA AND DESCRIBED AS FOLLOWS
20 (SUBJECT TO AN OFFICIAL SURVEY AND PLAN): BEGINNING AT A POINT
21 ON THE SOUTHWESTERLY SIDE OF SOUTHAMPTON ROAD (SIXTY FEET WIDE)
22 THE TWO FOLLOWING COURSES AND DISTANCES FROM THE NORTHWESTERLY
23 SIDE OF THE ROOSEVELT BOULEVARD (TWO HUNDRED FIFTY-FOUR FEET
24 WIDE): (1) NORTH FORTY-TWO DEGREES FIFTY-FOUR MINUTES FORTY
25 SECONDS WEST ALONG THE SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON
26 ROAD THE DISTANCE OF EIGHT HUNDRED SEVENTY-THREE AND THREE
27 HUNDRED THIRTY-FIVE FEET TO AN ANGLE POINT; AND (2) NORTH FORTY-
28 FIVE DEGREES SIX MINUTES FORTY SECONDS WEST ALONG THE
29 SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON ROAD THE DISTANCE OF TWO
30 HUNDRED SIX AND ONE HUNDRED SIXTY-EIGHT ONE-THOUSANDTHS FEET TO
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1 SAID BEGINNING POINT; THENCE EXTENDING SOUTH FORTY-EIGHT DEGREES
2 FORTY-SIX MINUTES FIFTY SECONDS WEST THE DISTANCE OF NINE
3 HUNDRED SEVENTY-ONE AND SIXTY-NINE ONE-THOUSANDTHS FEET TO A
4 POINT; THENCE EXTENDING NORTH FORTY-FOUR DEGREES FORTY-SIX
5 MINUTES FIFTY-FOUR SECONDS WEST THE DISTANCE OF NINE HUNDRED
6 FIFTY-SEVEN AND FOUR HUNDRED SEVENTY-FOUR ONE-THOUSANDTHS FEET
7 TO A POINT; THENCE EXTENDING NORTH FORTY-THREE DEGREES NINE
8 MINUTES ONE SECOND EAST THE DISTANCE OF NINE HUNDRED FIFTY-NINE
9 AND SEVEN HUNDRED SIXTY-SEVEN ONE-THOUSANDTHS FEET TO A POINT ON
10 THE SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON ROAD; THENCE
11 EXTENDING SOUTH FIFTY-FOUR DEGREES TEN MINUTES EIGHT SECONDS
12 EAST ALONG THE SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON ROAD THE
13 DISTANCE OF TWENTY-FIVE AND FOUR HUNDRED ONE-THOUSANDTHS FEET TO
14 AN ANGLE POINT; THENCE EXTENDING SOUTH FORTY-FIVE DEGREES SIX
15 MINUTES FORTY SECONDS EAST ALONG THE SOUTHWESTERLY SIDE OF SAID
16 SOUTHAMPTON ROAD THE DISTANCE OF ONE THOUSAND TWENTY-SEVEN AND
17 FOUR HUNDRED ONE ONE-THOUSANDTHS FEET TO A POINT, BEING THE
18 FIRST MENTIONED POINT AND PLACE OF BEGINNING.
19 CONTAINING IN AREA NINE HUNDRED SEVENTY THOUSAND NINE HUNDRED
20 THIRTY-EIGHT SQUARE FEET OR TWENTY-TWO AND TWO THOUSAND EIGHT
21 HUNDRED SEVENTY-FOUR TEN-THOUSANDTHS ACRES.
22 (C) REMOVAL OF STRUCTURES.--OUT OF FUNDS GENERATED IN
23 SECTION 3, THE DEPARTMENT OF GENERAL SERVICES SHALL REMOVE, OR
24 CONTRACT TO HAVE REMOVED, ALL STRUCTURES, DEBRIS AND HAZARDOUS
25 WASTE FROM THE PROPERTY PRIOR TO TRANSFER TO THE DEPARTMENT OF
26 CONSERVATION AND NATURAL RESOURCES.
27 (D) INTERAGENCY TRANSFER AGREEMENT.--THE INTERAGENCY
28 TRANSFER AGREEMENT SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
29 SERVICES AND THE SECRETARY OF CONSERVATION AND NATURAL
30 RESOURCES.
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1 SECTION 3. CONVEYANCE IN PHILADELPHIA COUNTY.
2 (A) CONVEYANCE AUTHORIZED.--THE DEPARTMENT OF GENERAL
3 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
4 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
5 PENNSYLVANIA TO GRANT AND CONVEY TO PHILADELPHIA AUTHORITY FOR
6 INDUSTRIAL DEVELOPMENT, OR ITS ASSIGNS, CERTAIN LAND AND
7 IMPROVEMENTS THEREON KNOWN AS PHILADELPHIA STATE HOSPITAL
8 DESCRIBED IN SUBSECTION (B) FOR THE CONSIDERATION STATED IN
9 SUBSECTION (C) AND SUBJECT TO THE CONDITIONS AND RESTRICTIONS
10 ESTABLISHED BY THIS LAW AND BY THE DEPARTMENT OF GENERAL
11 SERVICES.
12 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
13 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 130.8 ACRES
14 AND IMPROVEMENTS THEREON SITUATE IN THE FIFTY-EIGHTH WARD OF THE
15 CITY OF PHILADELPHIA BOUNDED AND DESCRIBED AS FOLLOWS (SUBJECT
16 TO AN OFFICIAL SURVEY AND PLAN):
17 TRACT ONE
18 BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY
19 SIDE OF THE ROOSEVELT BOULEVARD (TWO HUNDRED FIFTY-FOUR FEET
20 WIDE) AND THE NORTHEASTERLY SIDE OF SOUTHAMPTON ROAD (SIXTY FEET
21 WIDE); THENCE EXTENDING NORTH FORTY-TWO DEGREES FIFTY-FOUR
22 MINUTES FOUR SECONDS WEST ALONG THE NORTHEASTERLY SIDE OF THE
23 SAID SOUTHAMPTON ROAD THE DISTANCE OF EIGHT HUNDRED SEVENTY-FIVE
24 AND FIVE HUNDRED FORTY-TWO ONE-THOUSANDTHS FEET TO AN ANGLE
25 POINT; THENCE CONTINUING NORTH FORTY-FIVE DEGREES SIX MINUTES
26 FORTY SECONDS WEST ALONG THE NORTHEASTERLY SIDE OF SAID
27 SOUTHAMPTON ROAD THE DISTANCE OF APPROXIMATELY SEVEN HUNDRED
28 FORTY-THREE FEET TO A POINT; THENCE EXTENDING NORTHEASTWARDLY
29 ALONG A LINE THE DISTANCE OF APPROXIMATELY TWO THOUSAND FORTY-
30 TWO FEET TO AN ANGLE POINT; THENCE EXTENDING NORTHWARDLY ALONG A
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1 LINE THE DISTANCE OF APPROXIMATELY THIRTY-FIVE FEET TO A POINT;
2 THENCE EXTENDING EASTWARDLY ALONG A LINE THE DISTANCE OF
3 APPROXIMATELY FORTY-FOUR FEET TO A POINT; THENCE EXTENDING
4 NORTHEASTWARDLY ALONG A LINE THE DISTANCE OF APPROXIMATELY TWO
5 HUNDRED TWENTY-ONE FEET TO AN ANGLE POINT ALONG THE
6 SOUTHWESTERLY BOUNDARY OF BENJAMIN RUSH STATE PARK; THENCE
7 EXTENDING SOUTH EIGHTY-EIGHT DEGREES FIFTY-THREE MINUTES TWENTY-
8 EIGHT SECONDS EAST ALONG A LINE THE DISTANCE OF TWO HUNDRED FEET
9 TO AN ANGLE POINT; THENCE EXTENDING NORTH FORTY-SIX DEGREES SIX
10 MINUTES THIRTY-TWO SECONDS EAST THE DISTANCE OF FOUR HUNDRED
11 TWELVE AND TWO HUNDRED NINETY-TWO ONE-THOUSANDTHS FEET TO A
12 POINT; THENCE EXTENDING SOUTH FORTY-ONE DEGREES FIFTY-FOUR
13 MINUTES ELEVEN SECONDS EAST THE DISTANCE OF EIGHT HUNDRED FIFTY-
14 ONE AND ONE HUNDRED SIXTY-EIGHT ONE-THOUSANDTHS FEET TO A POINT;
15 THENCE EXTENDING SOUTH FORTY-EIGHT DEGREES FIVE MINUTES FORTY-
16 NINE SECONDS WEST THE DISTANCE OF TWO HUNDRED NINETY-TWO AND SIX
17 HUNDRED THIRTY-ONE ONE-THOUSANDTHS FEET TO A POINT; THENCE
18 EXTENDING SOUTH THREE DEGREES FIVE MINUTES FORTY-NINE SECONDS
19 WEST THE DISTANCE OF THREE HUNDRED SIXTY-EIGHT AND NINE HUNDRED
20 TWENTY-SEVEN ONE-THOUSANDTHS FEET TO A POINT; THENCE EXTENDING
21 SOUTH FORTY-ONE DEGREES FIFTY-FOUR MINUTES ELEVEN SECONDS EAST
22 THE DISTANCE OF THREE HUNDRED SEVENTY-SIX AND TWO HUNDRED
23 THIRTEEN ONE-THOUSANDTHS FEET TO A POINT; THENCE EXTENDING SOUTH
24 EIGHTY-SIX DEGREES FIFTY-FOUR MINUTES ELEVEN SECONDS EAST THE
25 DISTANCE OF FOUR HUNDRED FORTY-TWO AND FIVE HUNDRED THIRTY ONE-
26 THOUSANDTHS FEET TO A POINT ON THE NORTHWESTERLY SIDE OF SAID
27 THE ROOSEVELT BOULEVARD; THENCE EXTENDING SOUTH FORTY-EIGHT
28 DEGREES FIVE MINUTES FORTY-NINE SECONDS WEST ALONG THE
29 NORTHWESTERLY SIDE OF SAID THE ROOSEVELT BOULEVARD THE DISTANCE
30 OF TWO THOUSAND FIVE HUNDRED SIXTY-SEVEN AND ONE HUNDRED FIFTEEN
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1 ONE-THOUSANDTHS FEET TO A POINT ON THE NORTHEASTERLY SIDE OF
2 SAID SOUTHAMPTON ROAD, BEING THE FIRST MENTIONED POINT AND PLACE
3 OF BEGINNING. CONTAINING 105.2-ACRES.
4 TRACT 2
5 BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY
6 SIDE OF CARTER ROAD (FORTY-SIX AND FIFTY ONE-HUNDREDTHS FEET
7 WIDE) AND THE NORTHEASTERLY SIDE OF SOUTHAMPTON ROAD (SIXTY FEET
8 WIDE); THENCE EXTENDING NORTH FORTY-ONE DEGREES FOUR MINUTES
9 TWENTY-TWO SECONDS EAST ALONG THE SOUTHWESTERLY SIDE OF SAID
10 CARTER ROAD THE DISTANCE OF ONE THOUSAND FOUR HUNDRED THREE AND
11 THREE HUNDRED TEN ONE-THOUSANDTHS FEET TO AN ANGLE POINT; THENCE
12 CONTINUING ALONG THE SOUTHEASTERLY SIDE OF SAID CARTER ROAD THE
13 DISTANCE OF NINE HUNDRED TWENTY-EIGHT AND FOUR HUNDRED FORTY-TWO
14 ONE-THOUSANDTHS FEET TO A POINT; THENCE EXTENDING SOUTH FORTY-
15 THREE DEGREES FIFTY-THREE MINUTES TWENTY-EIGHT SECONDS EAST THE
16 DISTANCE OF FOUR HUNDRED FEET TO AN ANGLE POINT; THENCE
17 EXTENDING SOUTHWESTWARDLY ALONG A LINE THE DISTANCE OF
18 APPROXIMATELY TWO HUNDRED TWENTY-ONE FEET TO AN ANGLE POINT;
19 THENCE EXTENDING WESTWARDLY ALONG A LINE THE DISTANCE OF
20 APPROXIMATELY FORTY-FOUR FEET TO A POINT; THENCE EXTENDING
21 SOUTHWARDLY ALONG A LINE THE DISTANCE OF APPROXIMATELY THIRTY-
22 FIVE FEET TO AN ANGLE POINT; THENCE EXTENDING SOUTHWESTWARDLY
23 ALONG A LINE THE DISTANCE OF APPROXIMATELY TWO THOUSAND FORTY-
24 TWO FEET TO A POINT ON THE NORTHEASTERLY SIDE OF SAID
25 SOUTHAMPTON ROAD; THENCE EXTENDING NORTH FORTY-FIVE DEGREES SIX
26 MINUTES FORTY SECONDS WEST ALONG THE NORTHEASTERLY SIDE OF SAID
27 SOUTHAMPTON ROAD THE DISTANCE OF APPROXIMATELY FIVE HUNDRED TWO
28 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF SAID CARTER ROAD,
29 BEING THE FIRST MENTIONED POINT AND PLACE OF BEGINNING.
30 CONTAINING 25.6-ACRES.
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1 (C) CONSIDERATION.--IN CONSIDERATION FOR THE PURCHASE OF THE
2 PROPERTY, PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT
3 SHALL PAY TO THE DEPARTMENT OF GENERAL SERVICES THE LESSER OF
4 THE SUM OF $850,000 OR THE TOTAL REMOVAL COSTS EXPENDED BY THE
5 DEPARTMENT OF GENERAL SERVICES UNDER SECTION 2(C). SUCH
6 CONSIDERATION SHALL BE PAID AT CLOSING. TO THE EXTENT THAT THE
7 ACTUAL REMOVAL COSTS ARE NOT KNOWN AT CLOSING, PHILADELPHIA
8 AUTHORITY FOR INDUSTRIAL DEVELOPMENT SHALL PAY $850,000 AT
9 CLOSING. IF THE ACTUAL TOTAL REMOVAL COSTS EXPENDED BY THE
10 DEPARTMENT OF GENERAL SERVICES ARE LESS THAN $850,000,
11 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SHALL RECEIVE
12 A MONETARY REFUND FOR THE DIFFERENCE BETWEEN $850,000 AND THE
13 ACTUAL AMOUNT OF THE TOTAL REMOVAL COSTS EXPENDED BY THE
14 DEPARTMENT OF GENERAL SERVICES.
15 (D) CONDITIONS.--THIS CONVEYANCE SHALL BE MADE UNDER AND
16 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
17 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
18 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
19 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
20 SUBJECT TO ANY OTHER EASEMENT OF RECORD.
21 (E) RESTRICTION.--THE DEED OF CONVEYANCE SHALL CONTAIN THE
22 FOLLOWING RESTRICTION:
23 UNDER AND SUBJECT TO THE RESTRICTIONS, LIMITATIONS AND
24 CONDITIONS THAT A PORTION OF THE LANDS CONVEYED, KNOWN HEREIN AS
25 "TRACT 2," SHALL BE USED, AND LIMITED TO, PERMITTED OPEN SPACE
26 BENEFITS AS DEFINED IN SECTION 2 OF THE ACT OF JANUARY 19, 1968
27 (1967 P.L.992, NO.442), ENTITLED, AS AMENDED, "AN ACT
28 AUTHORIZING THE COMMONWEALTH OF PENNSYLVANIA AND THE LOCAL
29 GOVERNMENT UNITS THEREOF TO PRESERVE, ACQUIRE OR HOLD LAND FOR
30 OPEN SPACE USES."
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1 (F) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
2 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
3 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
4 (G) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
5 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
6 (H) PROCEEDS.--SALE PROCEEDS FROM THIS CONVEYANCE SHALL BE
7 DEPOSITED INTO THE CAPITAL FACILITIES FUND TO BE USED BY THE
8 DEPARTMENT OF GENERAL SERVICES TO REMOVE, OR TO CONTRACT TO HAVE
9 REMOVED, ALL STRUCTURES, DEBRIS AND HAZARDOUS WASTE FROM THE
10 PROPERTY TO BE TRANSFERRED TO THE DEPARTMENT OF CONSERVATION AND
11 NATURAL RESOURCES REQUIRED IN SECTION 2.
12 (I) ALTERNATIVE DISPOSITION.--IN THE EVENT THAT THIS
13 CONVEYANCE IS NOT EXECUTED IN ACCORDANCE WITH THIS ACT AND THE
14 TERMS ESTABLISHED IN AN AGREEMENT OF SALE WITH THE DEPARTMENT OF
15 GENERAL SERVICES, DATED JULY 17, 2002, AS AMENDED AND AS MAY BE
16 AMENDED BY THE MUTUAL CONSENT OF THE PARTIES, THE PROPERTY MAY
17 BE DISPOSED OF IN ACCORDANCE WITH ARTICLE 2406-A OF THE ACT OF
18 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
19 CODE OF 1929.
20 Section 2 4. Effective date. <--
21 This act shall take effect immediately.
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