Pennsylvania Act 1988-89 — CONVEYANCE - COMMONWEALTH PROPERTY IN LANCASTER AND DAUPHIN COUNTIES

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.