Pennsylvania Act 1989-76 — CONVEYANCE - COMMONWEALTH PROPERTY IN MONROE COUNTY AND THE CITY OF PHILADELPHIA

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN MONROE COUNTY AND THE CITY OF
                               PHILADELPHIA
                  Act of Dec. 20, 1989, P.L. 641, No. 76              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Chancellor of the
        State System of Higher Education, to convey to Pocono Medical
        Center a certain tract of land situate in the Borough of East
        Stroudsburg, Monroe County, in exchange for a certain
        monetary consideration and a certain tract of land; and
        authorizing the Department of General Services, with the
        approval of the Department of Environmental Resources, to
        supplement and amend a lease between the Commonwealth and the
        City of Philadelphia, authorized pursuant to the act of
        December 9, 1980 (P.L.1133, No.201), subject to certain
        conditions, in the fifth ward of the City of Philadelphia.

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

        Section 1.  The Department of General Services, with the
     approval of the Governor and the Chancellor of the State System
     of Higher Education, is hereby authorized and directed on behalf
     of the Commonwealth of Pennsylvania to grant and convey to
     Pocono Medical Center the following tract of land bounded and
     described as follows:
        All that certain lot, piece or parcel of land situated in the
     Borough of East Stroudsburg, County of Monroe, Commonwealth of
     Pennsylvania, bounded and described as follows:
        Beginning at a concrete monument on the northerly line of
     East Brown Street, the southeasterly corner of lands of Pocono
     Hospital; thence by lands of Pocono Hospital north 12 degrees 53
     minutes 47 seconds west 486.50 feet to a point, the
     northeasterly corner of said lands of Pocono Hospital; thence by
     lands of East Stroudsburg University, of which this parcel of
     land was formerly a part, south 23 degrees 39 minutes 16 seconds
     east 495.59 feet to a point on the northerly line of East Brown
     Street; thence along said northerly line of East Brown Street
     south 77 degrees 20 minutes 09 seconds west 92.51 feet to the
     place of beginning.
        Containing 22,502 square feet, more or less.
        Section 2.  The conveyance authorized by section 1 shall be
     in exchange for $7,500 in monetary consideration and the
     conveyance by Pocono Medical Center to the Commonwealth of
     Pennsylvania of a tract of land, bounded and described as
     follows:
        All that certain messuage known as 220 Normal Street and lot,
     tract, piece or parcel of land, including a wooden frame
     residence, situate in the Second Ward of the Borough of East
     Stroudsburg, County of Monroe, and Commonwealth of Pennsylvania,
     bounded and described as follows:
        Beginning at a post on the north side of Normal Street, being
     the eastern corner on Normal Street of and formerly of W. S.
     Felver; thence along the line of said land formerly of W.S.
     Felver in a northerly direction at a right angle to the line of
     Normal Street, two hundred feet to a post in the line of land
     late of Elizabeth LeBar; thence along the said line of land late
     of said Elizabeth LeBar in an easterly direction forty feet and
     six inches, more or less, to other lands formerly of Albert W.
     Knapp; thence along said other lands formerly of said Albert W.
     Knapp in a southerly direction and at right angles to the line
     of Normal Street two hundred feet and six inches, more or less,
     to the said northerly line of said Normal Street; thence along
     said line of said Normal Street in a westerly direction forty
     feet to the place of beginning.
        Section 3.  The conveyance authorized by section 1 shall be
     made under and subject to all easements, servitudes and rights
     of others, including, but not confined to, streets, roadways and
     rights of 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.
        Section 4.  The deed of conveyance shall be approved as
     required by law and shall be executed by the Secretary of
     General Services in the name of the Commonwealth of
     Pennsylvania.
        Section 5.  The parties to the transaction shall bear their
     respective costs.
        Section 6.  (a)  The Commonwealth of Pennsylvania owns the
     lands within the bed of the Delaware River, a portion of which
     lands are located in the 5th Ward of the City of Philadelphia,
     commonly known as Piers #3 and #5. 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)  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 grant to the City of Philadelphia the
     right to extend the lease period, authorized pursuant to the act
     of December 9, 1980 (P.L.1133, No.201), entitled "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," for certain
     portions of the leased premises as outlined below 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.
        All that certain lot or piece of ground situate in the Fifth
     Ward of the City of Philadelphia and described in accordance
     with a Survey and Plan of Properties made November 18, 1981, and
     revised January 6, 1982, by Lawrence J. Cleary, Surveyor and
     Regulator of the Third Survey District.
        Beginning at a point on the easterly side of Delaware Avenue,
     L.R.67025, variable width, and the Bulkhead Line of the Delaware
     River as fixed by the Secretary of War, January 20, 1891, and
     reestablished September 10, 1940, said point being located north
     14 degrees 03 minutes 50 seconds east, the distance of 147 feet
     from the point of intersection of the said Bulkhead Line and the
     former north line 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 and said
     Bulkhead Line, the distance of 791 feet 2 1/8 inches to a point;
     thence extending south 75 degrees 56 minutes 10 seconds east,
     the distance of 61 feet 10 1/4 inches to a point; thence
     extending south 79 degrees 48 minutes 05 seconds east, the
     distance of 471 feet 8 1/8 inches to a point on the Pierhead
     Line of the Delaware River as fixed by the Secretary of War,
     January 20, 1891, and reestablished September 10, 1940; thence
     extending south 14 degrees 51 minutes 14 seconds west, along the
     said Pierhead Line, the distance of 263 feet 6 1/8 inches to a
     point; thence extending south 11 degrees 13 minutes 56 seconds
     west, along the said Pierhead Line and partly crossing the
     easterly end of an easement for drainage purposes, variable
     width, the distance of 579 feet 10 1/4 inches to a point; thence
     extending north 80 degrees 06 minutes 20 seconds west, within
     the bed of the said easement, the distance of 371 feet 11 3/8
     inches to a point; thence extending north 9 degrees 53 minutes
     40 seconds east within the bed of said easement for drainage
     purposes, the distance of 60 feet 1 5/8 inches to a point on the
     easterly side of a certain easement for service road, private
     utilities, water and drainage purposes, variable width; thence
     extending north 80 degrees 06 minutes 20 seconds west, partly
     along the northerly end of the said easement for service road,
     private utilities, water and drainage purposes, and partly along
     an offset line of said Delaware Avenue, the distance of 182 feet
     7 3/8 inches to the said easterly side of Delaware Avenue and
     Bulkhead Line, the first mentioned point and place of beginning.
     Containing in area 445,144 square feet. Being known as Pier #3
     and Pier #5.
                              Parcel No. 1A.
        All that certain riparian parcel situate in the Fifth Ward of
     the City of Philadelphia and described in accordance with a
     Survey and Plan of Properties made April 17, 1989, and revised
     April 25, 1989, by Lawrence J. Cleary, Surveyor and Regulator of
     the Third Survey District:
        Beginning at a point located the following two courses and
     distances from the point of intersection of the easterly side of
     Delaware Avenue (SR #2001, variable width) and Bulkhead Line of
     the Delaware River, as fixed by the Secretary of War, January
     20, 1891, and reestablished September 10, 1940, with the former
     northerly side of Market Street (100 feet wide) produced:
        1.  North 14 degrees 03 minutes 50 seconds east, along the
     said easterly side of Delaware Avenue and said Bulkhead Line,
     the distance of 938 feet 2 1/8 inches; thence
        2.  South 75 degrees 56 minutes 10 seconds east, the distance
     of 31 feet 2 3/4 inches to the said beginning point; then
     extending north 14 degrees 03 minutes 50 seconds east, the
     distance of 110 feet 8 inches to a point; thence extending south
     79 degrees 46 minutes 10 seconds east, the distance of 502 feet
     8 3/8 inches to a point on the Pierhead of the Delaware River,
     as fixed by the Secretary of War, January 20, 1891, and
     reestablished September 10, 1940; thence extending south 14
     degrees 51 minutes 14 seconds west, along the said Pierhead
     Line, the distance of 215 feet 1 3/8 inches to a point; thence
     extending north 79 degrees 48 minutes 06 seconds west, the
     distance of 484 feet 2 1/4 inches to a point; thence extending
     north 32 degrees 52 minutes 08 seconds west, the distance of 21
     feet 3 inches to a point; thence extending north 14 degrees 03
     minutes 50 seconds east, the distance of 88 feet 11 3/8 inches
     to the said beginning point.
        Containing in area 107,419 square feet (2.46599 acres).
        (c)  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, attorney 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
            seventy-five percent (75%) to the said Lessor,
            Commonwealth of Pennsylvania, or its designee or
            assignee, and twenty-five percent (25%) 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)  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 above-described premises 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)  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 the above-described 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.

        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 7.  This act shall take effect immediately.