Section 7. Philadelphia.
(a) The Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey the following described tracts of land and the improvements erected thereon:
All those certain tracts or parcels of land, with improvements thereon erected, situate in the 58th Ward of the City of Philadelphia, Pennsylvania, more particularly bounded and described as follows:
TRACT NO. 1
Beginning at a point of intersection of the northeasterly side of Southampton Road (60 feet wide) and the northwesterly side of Roosevelt Boulevard (254 feet wide - S.R. 0001); thence extending along the northeasterly side of Southampton Road north 42 degrees 54 minutes 40 seconds west the distance of 200.031 feet to the point of beginning of Tract No. 1; thence along the northeasterly side of Southampton Road north 42 degrees 54 minutes 40 seconds west the distance of 675.511 feet to a point; continuing along said road north 45 degrees 6 minutes 40 seconds west the distance of 1,245.784 feet to a point on the southeasterly side of Carter Road (46.5 feet wide); thence along said road north 41 degrees 4 minutes 22 seconds east the distance of 1,142.357 feet to a point, being the west corner of Benjamin Rush State Park; thence along said State Park land the following eleven courses and distances: south 41 degrees 41 minutes 49 seconds east the distance of 201.603 feet to a point; thence north 41 degrees 4 minutes 22 seconds east the distance of 277.530 feet to a point; thence north 46 degrees 6 minutes 32 seconds east the distance of 919.647 feet to a point; thence south 43 degrees 53 minutes 28 seconds east the distance of 200 feet to a point; thence south 88 degrees 53 minutes 28 seconds east the distance of 200 feet to a point; thence north 46 degrees 6 minutes 32 seconds east the distance of 412.292 feet to a point; thence south 41 degrees 54 minutes 11 seconds east the distance of 851.168 to a point; south 48 degrees 5 minutes 49 seconds west the distance of 440.587 feet to a point; thence south 3 degrees 5 minutes 49 seconds west the distance of 159.687 feet to a point; thence south 41 degrees 54 minutes 11 seconds east the distance of 524.168 feet to a point; thence south 86 degrees 54 minutes 11 seconds east the distance of 159.687 feet to a point; thence south 48 degrees 5 minutes 49 seconds west the distance of 2,370.634 feet to the point of beginning on the northeastern side of Southampton Road, said line being 200 feet northwest and parallel to the northwest side of Roosevelt Boulevard (254 feet wide).
Containing a total area of 113.3522 acres.
TRACT NO. 2
Beginning at a point of intersection of the northeasterly side of Southampton Road (60 feet wide) and the northwesterly side of Roosevelt Boulevard (254 feet wide - S.R. 0001); thence extending along the northeasterly side of Southampton Road north 42 degrees 54 minutes 40 seconds west the distance of 200.031 feet to a point; thence south 48 degrees 5 minutes 49 seconds west the distance of 60.009 feet to a point in the southwesterly side of Southampton Road (60 feet wide); thence along said side of road north 42 degrees 54 minutes 40 seconds west the distance of 673.303 feet to a point; thence north 45 degrees 6 minutes 40 seconds west the distance of 206.169 feet to the point of beginning of Tract No. 2; thence south 48 degrees 46 minutes 50 seconds west the distance of 1,003.168 feet to a point; thence north 41 degrees 54 minutes 11 seconds west the distance of 218.861 feet to a point on the old railroad right-of-way line; thence along said railroad the following five courses and distances: south 78 degrees 26 minutes 29 seconds west the distance of 267.343 feet to a point of curve; thence along a curved line bearing to the right, having a radius of 710 feet and an arc distance of 695.984 feet to a point of tangency; thence north 45 degrees 23 minutes 38 seconds west the distance of 798.698 feet to a point of curve; thence along a curve line bearing to the right, having a radius of 580 feet and an arc distance of 683.750 feet to a point on curve; thence north 46 degrees 38 minutes 17 seconds east the distance of 525.542 feet to a point; thence south 44 degrees 46 minutes 54 seconds east the distance of 1,310.417 feet to a point; thence north 43 degrees 9 minutes 1 second east the distance of 655.645 feet to a point in the southwesterly side of Southampton Road (60 feet wide); thence along said side of road south 54 degrees 10 minutes 8 seconds east the distance of 25.408 feet to a point; thence continuing along said road south 45 degrees 6 minutes 40 seconds east the distance of 1,027.392 feet to the point of beginning.
Containing a total area of 54.7460 acres.
(b) The two tracts or parts thereof may be offered together or separately.
(c) Notwithstanding the provisions of Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, the Department of General Services shall, through sealed bids, auction or request for proposal, select the purchase of the tracts and sell the property. Acceptance of an offer shall be subject to a minimum price requirement as established by the department which shall be within a range of fair market value as established through independent appraisal. Proposals submitted in response to a request for proposal must demonstrate a value to the Commonwealth equivalent to the fair market value range as established by the department through independent appraisal. In establishing the value equivalent, the department shall consider the following factors: actual monetary consideration, creation of construction jobs, creation of permanent jobs, expansion of local tax base, economic growth, community development, highest and best use and public purpose.
(d) 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 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.
(e) 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.
(f) The cost and fees incurred by the Department of General Services for preparing the property for sale, including, but not limited to, environmental assessments, marketing services, title searches, advertising, appraisals, auctioneer fees and surveys, and by the Department of Public Welfare for protecting and securing the property shall be deducted from the purchase price, and that amount shall be an executively authorized augmentation to the appropriation from which the costs and fees were paid by the departments, with priority reimbursements being made to the Department of General Services and the Department of Public Welfare.
(g) The tracts and parcels of land herein described and the jurisdiction and control over the same herein authorized to be transferred shall be transferred free and clear of any limitations or rights of reversion more particularly set forth in section 1 of the act of September 29, 1938 (Sp.Sess., P.L.53, No.21), entitled "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."
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.