Pennsylvania Act 1974-187 — INDEPENDENCE MALL STATE PARK AS A NATIONAL PARK

act-1974-0-1871974 Pa. Act 187Law

Act text
INDEPENDENCE MALL STATE PARK AS A NATIONAL PARK
                 Act of Jul. 20, 1974, P.L. 543, No. 187              Cl. 29
                                  AN ACT

     Authorizing the lease of Independence Mall State Park in the
        City of Philadelphia, Philadelphia County, to the Government
        of the United States of America for use as a National Park,
        and further authorizing the conveyance of said State Park to
        the United States of America for use as a National Park, and,
        with certain reservations, ceding jurisdiction over such
        lands.

        Compiler's Note:  Section 303(b) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Environmental Resources by Act 187
            of 1974.

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

        Section 1.  Lease.--The Department of Environmental Resources
     and The General State Authority, with the approval of the
     Governor, are hereby authorized on behalf of the Commonwealth of
     Pennsylvania to lease to the Government of the United States of
     America for use as a National Park, the tracts of land
     hereinafter described in section 2 of this act; such land
     situate in the City and County of Philadelphia and the
     Commonwealth of Pennsylvania. Said lease shall be for a period
     of five years, and from year to year thereafter, for a
     consideration of one dollar ($1) per year, until such time as
     all bonds issued with respect to said tracts by The General
     State Authority of the Commonwealth of Pennsylvania are retired.

        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 2.  Conveyance to United States Authorized;
     Description.--The Department of Environmental Resources and The
     General State Authority, with the approval of the Governor, are
     hereby authorized on behalf of the Commonwealth of Pennsylvania,
     to convey to the Government of the United States of America for
     use as a National Park, for a consideration of one dollar ($1),
     the following described tracts of land situate in the City and
     County of Philadelphia, Commonwealth of Pennsylvania, commonly
     referred to as Independence Mall State Park. Said conveyance
     shall take place when all bonds issued with respect to said
     tracts by The General State Authority are retired.
        The tracts are more particularly bounded and described as
     follows:

                                 BLOCK I

        Beginning at a point, said point being located at the
     intersection of the projected west curb line of Fifth Street
     with the projected south curb line of Market Street; thence,
     south along the west curb line of Fifth Street, a distance of
     487.619 feet to the point of intersection with the north curb
     line of Chestnut Street; thence, west along said line, a
     distance of 369.104 feet to a point of intersection with the
     east curb line of Sixth Street; thence, north along the east
     curb line of Sixth Street, a distance of 487.917 feet to the
     point of intersection with the south curb line of Market Street;
     thence, east along said line, a distance of 368.071 feet to a
     point of intersection with the west curb line of Fifth Street,
     the point of beginning.
        Contains 4.36 acres, more or less.

                                 BLOCK II

        Beginning at a point, said point being located at the
     intersection of the projected west curb line of Fifth Street
     with the projected south curb line of Arch Street; thence, south
     along the west curb line of Fifth Street, a distance of 690.46
     feet to the point of intersection with the north curb line of
     Market Street; thence, west along said line, a distance of
     368.00 feet to a point of intersection with the east curb line
     of Sixth Street; thence, north along the east curb line of Sixth
     Street, a distance of 690.04 feet to the point of intersection
     with the south curb line of Arch Street; thence, east along said
     line, a distance of 368.00 feet to a point of intersection with
     the west curb line of Fifth Street, the point of beginning.
        Contains 5.83 acres, more or less.

                                BLOCK III

        Beginning at a point, said point being located at the
     intersection of the projected west curb line of Fifth Street
     with the projected south curb line of Race Street; thence, south
     along the west curb line of Fifth Street, a distance of 644.189
     feet to the point of intersection with the north curb line of
     Arch Street; thence, west along said line, a distance of 368.00
     feet to a point of intersection with the east curb line of Sixth
     Street; thence, north along the east curb line of Sixth Street,
     a distance of 644.987 feet to the point of intersection with the
     south curb line of Race Street; thence, east along said line, a
     distance of 367.933 feet to a point of intersection with the
     west curb line of Fifth Street, the point of beginning.
        Contains 5.45 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.  Easements, Servitudes, and Rights of Others.--The
     lease and conveyance authorized hereunder shall be made under
     and subject to (1) the agreement between the Philadelphia
     Parking Authority and The General State Authority for the three-
     level parking garage under the park; (2) the agreement with the
     Junior League of Philadelphia, Inc., and the Department of
     Environmental Resources for the Free Quaker Meeting House; (3)
     all other easements, servitudes and rights of others, including,
     but not confined to streets, roadways and rights of any
     telephone, telegraph, water, electric, gas or pipeline company,
     as well as under and subject to any estates or tenancies vested
     in third persons, whether or not appearing of record, for any
     portion of the land or improvements erected thereon.
        Section 4.  Approval of Lease and Deed; Execution.--The lease
     and deed of conveyance shall be approved by the Department of
     Justice and shall be executed by the Secretary of the Department
     of Environmental Resources and the Executive Director of The
     General State Authority, in the name of the Commonwealth of
     Pennsylvania.
        Section 5.  Jurisdiction Ceded; Exceptions.--Exclusive
     jurisdiction over the lands conveyed under the provisions of
     this act is hereby ceded to the United States of America by the
     Commonwealth of Pennsylvania and said lands shall be exempt from
     the payment of all taxes, State and local: Provided, That the
     Commonwealth of Pennsylvania shall retain a concurrent
     jurisdiction with the United States of America over the lands so
     acquired by the United States of America for the purpose of
     serving of all civil processes: And, provided further, That such
     criminal processes as may issue under the authority of the
     Commonwealth against any person or persons charged with crimes
     committed without the area so acquired may be executed therein
     in the same manner as though this cession had not been granted.
        Section 6.  This act shall take effect immediately.

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