Transfer of jurisdiction in Philadelphia County

Act 12 of 2003, § 2, under CONVEYANCE - COMMONWEALTH PROPERTY IN DAUPHIN AND PHILADELPHIA COUNTIES.

Act 12 of 2003, § 2

Section 2. Transfer of jurisdiction in Philadelphia County.

(a) Transfer of jurisdiction authorized.--The Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to transfer jurisdiction and control from the Department of General Services to the Department of Conservation and Natural Resources certain lands situate in the City of Philadelphia, Philadelphia County, as more fully described in subsection (b). These lands shall be added to those lands designated as Benjamin Rush State Park by the act of December 22, 1975 (P.L.606, No.175), entitled, "An act authorizing and directing the Department of General Services, or such department and The General State Authority, to convey to Philadelphia or transfer jurisdiction within the State government of certain tracts of Commonwealth real property acquired under the act of September 29, 1938 (Sp.Sess., P.L.53, No.21), entitled, as amended, 'An act relating to institutions of counties, cities, wards, boroughs, townships, institution districts and other political subdivisions, for the care, maintenance, and treatment of mental patients; providing for the transfer to the Commonwealth for the care, maintenance and treatment of mental patients of such institutions, and all grounds, lands, buildings and personal property of such political subdivisions used for the care and maintenance of indigent persons connected with such mental institutions; providing for the management and operation or closing and abandonment thereof; and the maintenance of mental patients therein; including the collection of maintenance in certain cases; providing for the retransfer of certain property to counties, cities, wards, boroughs, townships, institution districts and other political subdivisions under certain circumstances; conferring and imposing upon the Governor, the Department of Welfare, the courts of common pleas and counties, cities, wards, boroughs, townships, institution districts and other political subdivisions certain powers and duties; prohibiting cities, counties, wards, boroughs, townships, institution districts and other political subdivisions from maintaining and operating institutions, in whole or in part, for the care and treatment of mental patients; and repealing inconsistent laws,' imposing powers and duties on the Department of Environmental Resources in connection with one such tract, and providing for use of land conveyed to the City of Philadelphia."

(b) Property description.--The property to be transferred pursuant to this section consists of approximately 22.29 acres, more particularly described as follows:

ALL THAT CERTAIN lot or piece of ground situate in the Fifty-eight Ward of the City of Philadelphia and described as follows (subject to an official survey and Plan): BEGINNING at a point on the southwesterly side of Southampton road (sixty feet wide) the two following courses and distances from the northwesterly side of The Roosevelt boulevard (two hundred fifty-four feet wide): (1) north forty-two degrees fifty-four minutes forty seconds west along the southwesterly side of said Southampton road the distance of eight hundred seventy-three and three hundred thirty-five feet to an angle point; and (2) north forty-five degrees six minutes forty seconds west along the southwesterly side of said Southampton road the distance of two hundred six and one hundred sixty-eight one-thousandths feet to said beginning point; thence extending south forty-eight degrees forty-six minutes fifty seconds west the distance of nine hundred seventy-one and sixty-nine one-thousandths feet to a point; thence extending north forty-four degrees forty-six minutes fifty-four seconds west the distance of nine hundred fifty-seven and four hundred seventy-four one-thousandths feet to a point; thence extending north forty-three degrees nine minutes one second east the distance of nine hundred fifty-nine and seven hundred sixty-seven one-thousandths feet to a point on the southwesterly side of said Southampton road; thence extending south fifty-four degrees ten minutes eight seconds east along the southwesterly side of said Southampton road the distance of twenty-five and four hundred one-thousandths feet to an angle point; thence extending south forty-five degrees six minutes forty seconds east along the southwesterly side of said Southampton road the distance of one thousand twenty-seven and four hundred one one-thousandths feet to a point, being the first mentioned point and place of beginning.

CONTAINING in area nine hundred seventy thousand nine hundred thirty-eight square feet or twenty-two and two thousand eight hundred seventy-four ten-thousandths acres.

(c) Removal of structures.--Out of funds generated in section 3, the Department of General Services shall remove, or contract to have removed, all structures, debris and hazardous waste from the property prior to transfer to the Department of Conservation and Natural Resources.

(d) Interagency transfer agreement.--The interagency transfer agreement shall be executed by the Secretary of General Services and the Secretary of Conservation and Natural Resources.