Pennsylvania Act 1980-201 — LEASE - LAND IN DELAWARE RIVER TO PHILADELPHIA

Act text

LEASE - LAND IN DELAWARE RIVER TO PHILADELPHIA
                 Act of Dec. 9, 1980, P.L. 1133, No. 201              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Department of Environmental Resources, to
        lease to the City of Philadelphia certain lands subject to
        certain conditions within the bed of the Delaware River in
        the fifth ward of the City of Philadelphia, Pennsylvania.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Commonwealth of Pennsylvania owns the lands
     within the bed of the Delaware River between the bulkhead and
     pierhead lines and a point north of the north line of Market
     Street produced and a point north of the north line of Race
     Street produced in the fifth ward of the City of Philadelphia,
     which lands consist of a portion of Penn's Landing (Stage II).
     Penn's Landing in the City of Philadelphia is the historic site
     on the bank of the Delaware River at which William Penn
     disembarked to found the colonial Province of Pennsylvania. The
     City of Philadelphia desires to eliminate the blight and
     deterioration which now exist in this historic area and
     undertake the redevelopment of this site for the substantial
     benefit of the people of the City of Philadelphia and the
     surrounding areas. The Commonwealth has agreed to assist the
     City of Philadelphia in the renewal of this historic area by
     leasing a portion of the bed of the Delaware River in Penn's
     Landing (Stage II) to the City of Philadelphia as hereinafter
     provided.
        Section 2.  The Department of General Services, with the
     concurrence of the Department of Environmental Resources, acting
     on behalf of the Commonwealth of Pennsylvania, for a
     consideration of $1, is hereby authorized to lease for a period
     of 99 years to the City of Philadelphia lands within the bed of
     the Delaware River in the City of Philadelphia, lying between
     the bulkhead and pierhead lines of the Delaware River, as
     approved by the United States War Department on January 20, 1891
     and reestablished September 10, 1940, and between a point north
     of the north line of Market Street produced, and a point north
     of the north line of Race Street produced, in the fifth ward of
     the City of Philadelphia, containing 16.3804 acres, more or
     less, and more fully described as follows:
        All that certain tract or parcel of land situate in the fifth
     ward of the City of Philadelphia, Pennsylvania, as described as
     follows:
        Beginning at a point on the easterly side of Delaware Avenue
     (variable width), also the bulkhead line as established by the
     Secretary of War on January 20, 1891 and reestablished September
     10, 1940, located north 14 degrees 03 minutes 50 seconds east at
     the distance of 147 feet 0 inches from an angle point, which
     angle point is also the point of intersection of the said
     easterly side of Delaware Avenue with the northerly side of
     Market Street (100 feet wide) produced: thence extending north
     14 degrees 03 minutes 50 seconds east along the said easterly
     side of Delaware Avenue, also the said bulkhead line, 1289 feet
     5 1/8 inches; thence south 79 degrees 30 minutes 25 seconds east
     to a point on the pierhead line as established by the Secretary
     of War on January 20, 1891 and reestablished September 10, 1940;
     thence extending southwardly along the said pierhead line the
     following courses and distances: (1) south 14 degrees 51 minutes
     14 seconds west 763 feet 8 inches: (2) south 11 degrees 13
     minutes 56 seconds west 579 feet 10 1/4 inches to a point;
     thence north 09 degrees 53 minutes 40 seconds east the distance
     of 60 feet 1 5/8 inches to a point; thence north 80 degrees 06
     minutes 20 seconds west the distance of 182 feet 7 3/8 inches to
     a point on the easterly side of Delaware Avenue, also the said
     bulkhead line, the first mentioned point and place of beginning.
     Containing an area of 16.3804 acres, more or less.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 3.  The lease hereby contemplated shall be approved
     by the Department of Justice and shall be executed by the
     Department of General Services, with the approval of the
     Department of Environmental Resources, in the name of the
     Commonwealth of Pennsylvania. The lease shall grant the lessee,
     City of Philadelphia, the right to sublease the above described
     premises for the purpose of development for residential, office,
     commercial, condominium, or other uses, and the lease shall
     specifically include the following condition:
        "Under and subject, nevertheless, to the condition that if
     the said lessee, City of Philadelphia, should sublease or
     otherwise transfer the above described premises, other than to a
     department or agency of the city or to the Commonwealth of
     Pennsylvania or a department or agency of the Commonwealth, the
     proceeds received by the said lessee, City of Philadelphia, upon
     such sublease or transfer shall be received, held and applied as
     follows:
        First, to reimburse said lessee, City of Philadelphia, for
     the costs and expenses of said sublease or transfer, including,
     without limitation, appraisal fees, title insurance charges,
     marketing costs, attorney's fees and other costs and expenses,
     similar and dissimilar;
        Second, to reimburse said lessee, City of Philadelphia, or
     any department or agency thereof, for the cost of any
     improvements now or hereafter erected on the above described
     premises, including, without limitation, the cost of any piers,
     wharves, bulkheading, water and sewer lines and connections and
     other improvements, similar or dissimilar and the fair market
     value of any rights to develop the space over the above
     described premises; and
        Third, the balance of said proceeds shall be paid 75% to the
     said lessor, Commonwealth of Pennsylvania, and 25% to the said
     lessee, City of Philadelphia, in consideration of their
     respective interests in the above described premises pursuant to
     said lease."

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 4.  The Department of General Services, with the
     approval of the Department of Justice, is hereby authorized to
     execute on behalf of the Commonwealth of Pennsylvania any
     declaration or other document necessary to submit the above
     described premises and any improvements thereon to the
     provisions of the Uniform Condominium Act, 68 Pa.C.S. § 3301 et
     seq., as a leasehold condominium.
        Section 5.  This act shall take effect immediately.