Pennsylvania Act 2003-60 — CONVEYANCE - COMMONWEALTH PROPERTY IN CITY AND COUNTY OF PHILADELPHIA

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN CITY AND COUNTY OF PHILADELPHIA
                  Act of Dec. 30, 2003, P.L. 428, No. 60              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor, to grant and convey to Beach Street
        and Dyott Corporations certain tracts of land located in the
        bed of the Delaware River in the City and County of
        Philadelphia.

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

     Section 1.  Legislative findings.
        It is hereby determined and declared as a matter of
     legislative finding:
            (1)  From the early 19th century through World War II,
        Cramp Shipyard on the Delaware River was one of the most
        productive commercial and naval shipbuilding sites in the
        United States of America.
            (2)  In 1946, the United States of America acquired Cramp
        Shipyard from the Cramp Shipbuilding Company.
            (3)  The shipyard was turned over in 1962 to the
        Philadelphia Industrial Development Corporation, also known
        as the PIDC, by the Federal Government.
            (4)  Despite significant efforts by PIDC, much of the
        area which was formerly Cramp Shipyard was never developed.
            (5)  In section 38 of the Water Resources Development Act
        of 1988 (Public Law 100-676, 33 U.S.C. § 59j-1), the United
        States Government removed the Federal navigational servitude
        in the area of the Cramp Shipyard between the bulkhead line
        and the pierhead line. This was done in order to remove the
        Federal cloud on title.
            (6)  The Commonwealth owns the land under the Delaware
        River between the bulkhead line and the pierhead line and the
        riparian rights associated with that land.
            (7)  Further development of this area has been hampered
        by a lack of financing due to concerns about the Commonwealth
        ownership of riparian rights and riverbed land as well as the
        significant costs of environmental remediation necessary at
        the site.
            (8)  Transfer of the Commonwealth's interest in the land
        between the bulkhead line and the pierhead line to the Beach
        Street Corporation and the Dyott Corporation, current owners
        of the land on the fastland side of the bulkhead line, will,
        in concert with the previous Federal release of navigational
        servitude, allow for financing to remediate and develop the
        property.
            (9)  This development will redress the blight and
        deterioration in the area, result in remediation of
        environmental contamination at the site and retain and create
        jobs with attendant tax revenues for the Commonwealth.
     Section 2.  Conveyance to Beach Street Corporation.
        The Department of General Services, with the approval of the
     Governor, is authorized and directed on behalf of the
     Commonwealth of Pennsylvania to release, quitclaim, grant and
     convey to Beach Street Corp., a Pennsylvania corporation, its
     successors and assigns, for a consideration of $71,150, that
     tract of land situated in the bed of the Delaware River in the
     City and County of Philadelphia, Pennsylvania, between the
     bulkhead and pierhead lines, established by the Secretary of War
     on September 10, 1940, in the City and County of Philadelphia,
     Pennsylvania, consisting of all the muds and land currently or
     previously under the waters of the Delaware River and contained
     within the metes and bounds description set forth in paragraph
     (1) below and all riparian rights appertaining thereto, which
     tract of land is adjacent to and has a common boundary with the
     lands presently owned by the said Beach Street Corp.
            (1)  Beginning at a point on the northerly pierhead line
        on the Delaware River where the same is intersected by the
        dividing line between parcel A and parcel B as shown on a
        plan entitled "Parcels A, B and C, Overall Plan" prepared by
        Plum & Associates, Project No. 92-066 dated September 14,
        1992, and from said beginning point running thence
                (i)  along the dividing line between parcel A and
            parcel B as shown on the above referenced plan, north 25
            degrees 43 minutes 08 seconds west a distance of 100 feet
            0 inches to a rebar set; thence
                (ii)  continuing along the dividing line between
            parcel A and parcel B, north 48 degrees 25 minutes 37
            seconds west a distance of 113 feet 6 inches to a rebar
            set; thence
                (iii)  continuing along the dividing line between
            parcel A and parcel B, north 50 degrees 38 minutes 49
            seconds west a distance of 318 feet 5/8 inches to a
            point; thence
                (iv)  crossing through parcel A and running along the
            northerly bulkhead line of the Delaware River as approved
            by the Secretary of War on September 10, 1940, north 64
            degrees 18 minutes 09 seconds east a distance of 166 feet
            5 1/2 inches to a point; thence
                (v)  continuing along the northerly bulkhead line of
            the Delaware River, south 48 degrees 30 minutes 57
            seconds east a distance of 53 feet 5-5/8 inches to a
            point; thence
                (vi)  continuing along the northerly bulkhead line of
            the Delaware River, north 64 degrees 40 minutes 52
            seconds east a distance of 936 feet 8-5/8 to a point;
            thence
                (vii)  continuing along the northerly bulkhead line
            of the Delaware River, north 32 degrees 24 minutes 26
            seconds west a distance of 149 feet 2-1/4 inches to a
            point; thence
                (viii)  continuing along the northerly bulkhead line
            of the Delaware River, north 64 degrees 04 minutes 09
            seconds east a distance of 296 feet 3-3/4 inches to a
            point; thence
                (ix)  along the easterly line of parcel A as shown on
            the above referenced plan, south 25 degrees 02 minutes 08
            seconds east a distance of 586 feet 6-3/8 inches to a
            point on the pierhead line of the Delaware River; thence
                (x)  along the northerly pierhead line of the
            Delaware River, south 64 degrees 16 minutes 59 seconds
            west a distance of 1217 feet 11-1/4 inches to the point
            and place of beginning.
            (2)  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.
     Section 3.  Conveyance to Dyott Corp.
        The Department of General Services, with the approval of the
     Governor, is authorized and directed on behalf of the
     Commonwealth of Pennsylvania to release, quitclaim, grant and
     convey to Dyott Corp., a Pennsylvania corporation, its
     successors and assigns, for a consideration of $28,850, that
     tract of land situated in the bed of the Delaware River in the
     City and County of Philadelphia, Pennsylvania, between the
     bulkhead and pierhead lines, established by the Secretary of War
     on September 10, 1940, in the City and County of Philadelphia,
     Pennsylvania, consisting of all the muds and land currently or
     previously under the waters of the Delaware River and contained
     within the metes and bounds description set forth in paragraph
     (1) and all riparian rights appertaining thereto, which tract of
     land is adjacent to and has a common boundary with the lands
     presently owned by the said Dyott Corp.
            (1)  Beginning at a point on the northerly pierhead line
        of the Delaware River where the same is intersected by the
        easterly street line of Dyott Street (100 feet wide R.O.W) as
        shown on a plan entitled "Parcels A, B & C, Overall Plan"
        prepared by Plum & Associates, Project No. 92-066 dated
        September 14, 1992, and from said beginning point running
        thence
                (i)  along the easterly street line of Dyott Street
            north 30 degrees 02 minutes 52 seconds west a distance of
            494 feet 9-3/8 inches to a point; thence
                (ii)  crossing through parcel B and running along the
            northerly bulkhead line of the Delaware River as approved
            by the Secretary of War on September 10, 1940, north 64
            degrees 18 minutes 09 seconds east a distance of 663 feet
            4-1/2 inches to a point; thence
                (iii)  along the dividing line between parcel B and
            parcel A as shown on the above referenced plan, south 50
            degrees 38 minutes 49 seconds east a distance of 318 feet
            5/8 inches to a rebar set; thence
                (iv)  continuing along the dividing line between
            parcel B and parcel A, south 48 degrees 25 minutes 37
            seconds east a distance of 113 feet 6 inches to a rebar
            set; thence
                (v)  continuing along the dividing line between
            parcel B and parcel A, south 25 degrees 43 minutes 08
            seconds east a distance of 100 feet 0 inches to a point;
            thence
                (vi)  along the northerly pierhead line of the
            Delaware River, south 64 degrees 16 minutes 52 seconds
            west a distance of 803 feet 10-3/4 inches to a point and
            place of beginning.
            (2)  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.
     Section 4.  Costs and fees.
        Costs and fees incidental to these conveyances shall be borne
     by each grantee.
     Section 5.  Effective date.
        This act shall take effect immediately.