act-1988-0-89•Pennsylvania Act 1988-89 — CONVEYANCE - COMMONWEALTH PROPERTY IN LANCASTER AND DAUPHIN COUNTIES
Pennsylvania Act 1988-89 — CONVEYANCE - COMMONWEALTH PROPERTY IN LANCASTER AND DAUPHIN COUNTIES
act-1988-0-891988 Pa. Act 89Law
Act text
CONVEYANCE - COMMONWEALTH PROPERTY IN LANCASTER AND DAUPHIN COUNTIES
Act of Jul. 13, 1988, P.L. 510, No. 89 Cl. 85
AN ACT
Authorizing and directing the Department of General Services,
with the approval of the Governor and the Department of
Health, to sell and convey a tract of land situate in Mount
Joy Township, Lancaster County; authorizing the release of
Project 500 restrictions imposed on certain land owned by the
Borough of Royalton, Dauphin County, in return for the
imposition of Project 500 restrictions on certain land owned
by the Borough of Royalton; and 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 2nd Ward of the City of
Philadelphia.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Lancaster County tract.
(a) Conveyance.--The Department of General Services, with
the approval of the Governor and the Department of Health, is
hereby authorized and directed on behalf of the Commonwealth of
Pennsylvania to grant and convey, for a consideration of fair
market value as determined by an independent appraisal, to Paul
L. and Muriel V. Davis the following tract of land situate in
Mount Joy Township, Lancaster County, Pennsylvania, bounded and
described as follows:
Beginning at a concreted pipe monument, corner to lands of
Paul L. and Muriel V. Davis, lands now or formerly of S. H.
Hertzler and lands of the Commonwealth of Pennsylvania, thence
by lands of said Davis north 36 degrees 42 minutes 41 seconds
east 442.43 feet to a concreted pipe monument; thence by lands
of the Commonwealth of Pennsylvania south 68 degrees 46 minutes
46 seconds east 69.59 feet to a point in the west line of
Township Road No.310; thence by said west line of said Township
Road No.310, the following three courses: (1) south 26 degrees
01 minute 01 second west 79.43 feet to a point; (2) south 41
degrees 03 minutes 06 seconds west 303.92 feet to a point; (3)
south 35 degrees 31 minutes 00 seconds west 66.72 feet to a
point; thence by lands of the said Commonwealth of Pennsylvania
north 65 degrees 40 minutes 19 seconds west 61.63 feet to the
point of beginning.
Containing 0.708 acres, more or less, as shown on a survey
prepared by Edward Prall, Registered Surveyor, on July 17, 1986.
(b) Easements and conditions.--The conveyance shall be made
under and subject to all easements, servitudes and rights of
others, including, but not confined to, streets, roadways and
rights of any telephone, telegraph, water, electric, sewer, gas
or pipeline companies, as well as under and subject to any
interest, estates or tenancies vested in third persons, whether
or not appearing of record, for any portion of the land or
improvements erected thereon.
(c) Approval.--The deed of conveyance shall be approved as
provided by law and shall be executed by the Secretary of
General Services in the name of the Commonwealth of
Pennsylvania.
(d) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
Section 2. Dauphin County tract.
(a) Authorization to release restrictions.--The land
described in subsection (b) is hereby released from any
restrictions or encumbrances on the title resulting from the
provisions of the act of January 19, 1968 (1967 P.L.996,
No.443), known as The Land and Water Conservation and
Reclamation Act, in exchange for the imposition of The Land and
Water Conservation and Reclamation Act provisions on land owned
by the Borough of Royalton and described in subsection (c).
(b) Description of land unrestricted.--The land to be
released from restrictions imposed by The Land and Water
Conservation and Reclamation Act is more particularly described
as follows:
Beginning at a set re-bar at the northeasterly corner of the
intersection of Derry Street, at that point an unimproved street
having an ordained width of 50 feet and a proposed cartway of 34
feet, and Donegal Street, at that point an unimproved street
having an ordained width of 50 feet and a proposed cartway of 34
feet; thence north 26 degrees 43 minutes 36 seconds west a
distance of 140.32 feet to a point at the corner of lands of the
Borough of Royalton known as lot 47; thence south 86 degrees 43
minutes 36 seconds east a distance of 263.29 feet to a set re-
bar at the northwesterly corner of lands now or formerly of
Daniel Dupler; thence south 03 degrees 16 minutes 24 seconds
west along said lands of Daniel Dupler a distance of 120.40 feet
to a set re-bar at the southwesterly corner of said Dupler
lands, said re-bar being also on the northerly line of Derry
Street aforesaid; thence north 87 degrees 03 minutes 36 seconds
west a distance of 193.13 feet to a set re-bar, the place of
beginning.
Being a portion of the premises which Francis J. Wolfgang and
Kenneth L. Wolfgang, her husband, by Deed dated December 22,
1978, and recorded in the Office of Recorder of Deeds, Dauphin
County, Pennsylvania, in Record Book 2, Page 423, granted and
conveyed to the Borough of Royalton, said portion of premises
being also known as lots nos. 298, 299, 300 and 301.
(c) Description of land restricted.--The land on which The
Land and Water Conservation and Reclamation Act restrictions
shall be imposed is more particularly described as follows:
Tract 1
Beginning at a steel reinforcing bar set at the intersection
of Old Canal Street, now known as Kerr Avenue, and the western
required right-of-way line of State Highway Route No.407
(Section 1-A);
Thence from the place of the beginning and along the northern
right-of-way line of Kerr Avenue the following five courses and
distances:
(1) north 42 degrees 27 minutes 02 seconds west 23.84 feet
to a re-bar;
(2) north 61 degrees 57 minutes 02 seconds west 58.21 feet
to a re-bar;
(3) north 83 degrees 05 minutes 02 seconds west 113.35 feet
to a re-bar;
(4) south 80 degrees 24 minutes 58 seconds west 51.06 feet
to a re-bar;
(5) south 75 degrees 46 minutes 56 seconds west 261.31 feet
to a re-bar;
set on the legal right-of-way line of old L.R.407.
Thence along the required right-of-way line the following two
courses and distances:
(1) north 07 degrees 16 minutes 18 seconds east 42.00 feet
to a re-bar;
(2) north 82 degrees 33 minutes 42 seconds west 154.76 feet
to a point at the low water mark of Swatara Creek;
Thence along same the following three courses and distances:
(1) north 16 degrees 18 minutes 11 seconds east 269.24 feet;
(2) north 31 degrees 07 minutes 47 seconds east 167.94 feet;
(3) north 52 degrees 33 minutes 13 seconds east 327.65 feet
to a point on the western required right-of-way line of State
Highway Route No.407 (Section 1-A);
Thence along said right-of-way line south 17 degrees 52
minutes 14 seconds east 681.91 feet to a steel reinforcing bar,
the place of the beginning.
Being the same premises which the Kiwanis Club of Middletown
by Deed dated April 1, 1985, and recorded in the Office of
Recorder of Deeds, Dauphin County, Pennsylvania, in Record Book
604-238, granted and conveyed to the Borough of Royalton.
Tract 2
Beginning at a monument on the southerly side of Canal
Street; thence south 10 degrees 03 minutes west along the
easterly side of a private road, 123.55 feet to a spike; thence
south 79 degrees 50 minutes west 100 feet to a spike in the
easterly line of lands, now or late, of Margaret Ellen Kerr
Beckley; thence north 12 degrees 42 minutes east 97.46 feet to a
spike in the southerly line of Canal Street; thence along the
southern line of said Canal Street, north 75 degrees 50 minutes
east 45.51 feet to a spike; thence still along the southerly
line of said Canal Street, south 07 degrees 40 minutes east,
54.50 feet to a monument, the place of beginning.
Being the same premises which Kenneth P. Dudley and Doris M.
Dudley, his wife, by Deed dated August 7, 1984, and recorded in
the Office of Recorder of Deeds, Dauphin County, Pennsylvania,
in Record Book 526-252, granted and conveyed to the Borough of
Royalton.
(d) Authorization to impose restrictions.--The following
restriction shall be added to the deeds for the land described
in subsection (c):
"This land is to be used for municipal park, recreation and
open-space purposes as defined in The Land and Water
Conservation and Reclamation Act."
(e) Use of proceeds.--All proceeds from the sale or lease of
the land described in subsection (b) shall be utilized by the
Borough of Royalton for development of recreation facilities on
the land described in subsection (c).
Section 3. Lands in Delaware River.
(a) Purpose.--The Commonwealth of Pennsylvania owns the
lands within the bed of the Delaware River, a portion of which
lands are located in the 2nd Ward of the City of Philadelphia,
commonly known as Piers #36, #35, #34, #30 and #28 South. The
City of Philadelphia desires to eliminate the blight and
deterioration which now exist in this area and undertake the
redevelopment of various sites within this area for the
substantial benefit of the people of the City of Philadelphia
and the surrounding regions. The Commonwealth has agreed to
assist the City of Philadelphia in the renewal of this area by
leasing a portion of the bed of the Delaware River to the City
of Philadelphia as hereinafter provided.
(b) Lease.--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 to the City
of Philadelphia, for an initial term of 99 years (the "Initial
Term"), lands within the bed of the Delaware River in the City
of Philadelphia, and granting to the City of Philadelphia the
right to extend the period for all or any portion of the leased
premises for an additional 99 years (the "Renewal Term") upon
notice given no less than ten years prior to the expiration of
the initial term. These lands are more particularly described as
follows:
Parcel No. 1.
Beginning at a point on the easterly side of Delaware Avenue,
variable width, which is also the Bulkhead Line established by
the Secretary of War, September 10, 1940, at the distance of 76
feet 7/8 inches from a point formed by the intersection of the
northerly side of Catharine Street, 50 feet wide, produced
eastwardly and the easterly side of said Delaware Avenue; thence
extending along said Delaware Avenue and Bulkhead Line, north 01
degree 05 minutes 56 seconds east, the distance of 307 feet 2
1/8 inches to a point; thence extending south 83 degrees 31
minutes 49 seconds east, the distance of 538 feet 11 5/8 inches
to a point on the Pierhead Line established by the Secretary of
War, September 10, 1940; thence extending along said Pierhead
Line south 00 degrees 46 minutes 33 seconds west, the distance
of 357 feet 1 1/2 inches to a point; thence extending north 78
degrees 20 minutes 34 seconds west, the distance of 547 feet 10
3/4 inches to a point on the said easterly side of Delaware
Avenue and Bulkhead Line and place of beginning. Being known as
Pier #36 South.
Parcel No. 2.
Beginning at a point on the easterly side of Delaware Avenue,
variable width, which is also the Bulkhead Line established by
the Secretary of War, September 10, 1940, at the distance of 383
feet 3 inches from a point formed by the intersection of the
northerly side of Catharine Street, 50 feet wide, produced
eastwardly and the easterly side of said Delaware Avenue; thence
extending along said Delaware Avenue and Bulkhead Line north 01
degree 05 minutes 56 seconds east, the distance of 345 feet 4
7/8 inches to a point; thence extending south 74 degrees 39
minutes 44 seconds east, the distance of 552 feet 1 1/4 inches
to a point on the Pierhead Line established by the Secretary of
War, September 10, 1940; thence extending along said Pierhead
Line south 00 degrees 46 minutes 33 seconds west, the distance
of 260 feet 3/4 inches to a point; thence extending north 83
degrees 31 minutes 49 seconds west, the distance of 538 feet 11
5/8 inches to a point on the said easterly side of Delaware
Avenue and Bulkhead Line and place of beginning. Being known as
Pier #34 South and Pier #35 South.
Parcel No. 3.
Beginning at a point on the easterly side of Delaware Avenue,
variable width, which is also the Bulkhead Line established by
the Secretary of War, September 10, 1940, at the distance of 728
feet 7 7/8 inches from a point formed by the intersection of the
northerly side of Catharine Street, 50 feet wide, produced
eastwardly and the easterly side of said Delaware Avenue; thence
extending along said Delaware Avenue and Bulkhead Line north 01
degree 05 minutes 56 seconds east, the distance of 263 feet 3
7/8 inches to a point; thence extending south 77 degrees 48
minutes 10 seconds east, the distance of 543 feet 7 3/4 inches
to a point on the Pierhead Line established by the Secretary of
War, September 10, 1940; thence extending along said Pierhead
Line south 00 degrees 46 minutes 33 seconds west, the distance
of 294 feet 5 3/4 inches to a point; thence extending north 74
degrees 39 minutes 44 seconds west, the distance of 552 feet 1
1/4 inches to a point on the said easterly side of Delaware
Avenue and Bulkhead Line and place of beginning. Being known as
Pier #30 South.
Parcel No. 4.
Beginning at a point on the easterly side of Delaware Avenue,
variable width, which is also the Bulkhead Line established by
the Secretary of War, September 10, 1940, at the distance of 991
feet 11 3/4 inches from a point formed by the intersection of
the northerly side of Catharine Street, 50 feet wide, produced
eastwardly and the easterly side of said Delaware Avenue; thence
extending along said Delaware Avenue and Bulkhead Line, north 01
degree 05 minutes 56 seconds east, the distance of 434 feet 3
1/2 inches and crossing the head of a 50-foot wide proposed
easement to a point on the north house line of South Street, 50
feet wide, produced eastward; thence extending along the said
produced house line of South Street and along the northerly side
of said easement, south 78 degrees 57 minutes 59 seconds east,
the distance of 539 feet 5/8 inches to a point on the Pierhead
Line established by the Secretary of War, September 10, 1940;
thence extending along said Pierhead Line south 00 degrees 46
minutes 33 seconds west, the distance of 445 feet 11 3/8 inches
to a point; thence extending north 77 degrees 48 minutes 10
seconds west, the distance of 543 feet 7 3/4 inches to a point
on the said easterly side of Delaware Avenue and Bulkhead Line
and place of beginning. Being known as Pier #28 South.
(c) Approval.--The lease and any other documents hereby
contemplated shall be approved by the Attorney General 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 or
permit the sublease of the above-described premises for the
purposes of development for residential, office, commercial,
condominium, hotel, marina or other uses, and the lease shall
specifically include the following conditions:
UNDER AND SUBJECT, nevertheless, to the condition that if
the said Lessee, City of Philadelphia, should sublease or
permit the sublease of or otherwise transfer the above-
described premises during said Initial Term other than to
a department or agency or political subdivision of the
City or to the Commonwealth of Pennsylvania or a
department or agency or political subdivision of the
Commonwealth, the net rentals 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, attorneys' fees, and
other costs and expenses, similar and dissimilar;
Second, to reimburse said Lessee, City of Philadelphia,
or any department or agency or political subdivision
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 space over the above-described premises; and
Third, the balance of said net rentals shall be paid
fifty percent (50%) to the said Lessor, Commonwealth of
Pennsylvania, or its designee or assignee, and fifty
percent (50%) to the said Lessee, City of Philadelphia,
or its designee or assignee, in consideration of their
respective interests in the above-described premises
pursuant to said Lease.
AND FURTHER PROVIDED, that if the said Lessee, City of
Philadelphia, should sublease or permit the sublease of
or otherwise transfer the above-described premises during
the said Renewal Term other than to a department or
agency or political subdivision of the City or to the
Commonwealth of Pennsylvania or a department or agency or
political subdivision of the Commonwealth, the City of
Philadelphia shall require payment of quarter-annual or
other more frequent periodic payments of rent
representing the Fair Market Value Rent for that portion
of the said lands subleased or otherwise transferred as
of the date of the commencement of the Renewal Term, and
such Fair Market Value Rent shall be received, held and
applied in accordance with subparagraphs First, Second
and Third above.
The "Fair Market Value Rent" shall be the rent which a
willing tenant would pay to a willing landlord pursuant
to an arm's-length transaction for the Lease of that
portion of the premises as if it were a parcel improved
with roads and utilities, but exclusive of the other
improvements constructed thereon, as determined by one
Appraiser selected jointly by the City and the
Commonwealth, or, if the City and the Commonwealth do not
agree on the selection, by three (3) Appraisers selected
as follows: one Appraiser shall be selected by the
Commonwealth, one Appraiser shall be selected by the
City, and one Appraiser shall be selected by the
Appraisers selected by the City and the Commonwealth;
provided, however, that, if the Appraisers selected by
the City and the Commonwealth are unable to agree upon
the third Appraiser, then the third Appraiser shall be
selected by the President Judge of the Philadelphia Court
of Common Pleas, or his or her successor. The term
"Appraiser" shall mean a person who has been engaged in
the business of appraising multifamily residential and
commercial real estate within the area of the City of
Philadelphia for a period of at least five (5) years
prior to the date of his or her designation, and shall be
then a member of the American Institute of Real Estate
Appraisers, or any successor thereto then in existence,
or any other body or organization similar in nature to
the American Institute of Real Estate Appraisers if the
American Institute of Real Estate Appraisers is not then
in existence. Each Appraiser shall designate the Fair
Market Value Rent, and the rent payable during the
Renewal Term shall be the sum determined by adding the
total of the Fair Market Value Rent designated by each
Appraiser and dividing such total by the number of
Appraisers. The cost of the services of said Appraisers
shall be divided equally between the City and the
Commonwealth.
(d) Nondisturbance agreements.--The Department of General
Services, with the concurrence of the Department of
Environmental Resources, acting on behalf of the Commonwealth of
Pennsylvania, is also specifically authorized to enter into one
or more nondisturbance agreements with any sublessee of the
premises described in this section pursuant to which the
Commonwealth will agree that, if the Commonwealth succeeds to
the interest of the City of Philadelphia under said sublease, it
will not terminate said sublease unless said sublessee is in
default thereunder.
(e) Leasehold condominium.--The Department of General
Services, with the approval of the Attorney General, is hereby
authorized to execute, on behalf of the Commonwealth of
Pennsylvania, any declaration or other document necessary to
submit these premises or any portion thereof and any
improvements thereon to the provisions of 68 Pa.C.S. Part II
Subpt. B (relating to condominiums) as a leasehold condominium.
(f) Use of lease revenues.--All lease revenues generated by
the properties described in this section shall, less the costs
described in subsection (c), be split evenly between the City of
Philadelphia and the Commonwealth. The city's share shall be for
the exclusive use, for maritime purposes, of the Philadelphia
Port Corporation and subsidiaries thereof, or any successor
entity, or in the event that such entities cease to exist
following any unification or consolidation of port operations,
the appropriate managing entity for operations at the Port of
Philadelphia as recognized and designated by the Commonwealth.
(g) Definition.--As used in this section, the term "maritime
purposes" means activities directly related to the handling of
cargo or passengers for import or export through the Port of
Philadelphia.
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. Effective date.
This act shall take effect immediately.
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