Conveyance of certain tracts in City of Philadelphia

Act 5 of 2000, § 4, under CONVEYANCE - COMMONWEALTH PROPERTY IN VARIOUS COUNTIES.

Act 5 of 2000, § 4

Section 4. Conveyance of certain tracts in City of 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 tracts of land situate in 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 along the northeasterly side of Southampton Road North 42 degrees 54 minutes 40 seconds West a distance of 200.031 feet to a point; thence by a line being 200.00 feet northwest and parallel with Roosevelt Boulevard along lands of the Philadelphia State Hospital North 48 degrees 05 minutes 49 seconds East a distance of 2370.634 feet to a point common to lands of the Philadelphia State Hospital and other lands of Benjamin Rush State Park; thence along other lands of Benjamin Rush State Park South 86 degrees 45 minutes 07 seconds East a distance of 282.100 feet to the northwesterly side of Roosevelt Boulevard; thence by the same South 48 degrees 05 minutes 49 seconds West a distance of 2566.065 feet to a point at the intersection of the northeasterly side of Southampton Road with the northwesterly side of Roosevelt Boulevard, place of beginning.

Containing 11.3331 acres of land.

TRACT NO. 2

Beginning at a point on the southeasterly side of Carter Road (46.5 feet wide), said corner being further defined as being North 41 degrees 04 minutes 22 seconds East a distance of 1142.357 feet from the intersection of the southeasterly side of Carter Road with the northeasterly side of Southampton Road; thence from said point of beginning along the southeasterly side of said Carter Road North 41 degrees 04 minutes 22 seconds East a distance of 261.028 feet to a point; thence by same North 46 degrees 06 minutes 32 seconds East a distance of 929.351 feet to a point on the southeasterly side of Carter Road and being a corner of other lands of Benjamin Rush State Park; thence by said other lands of Benjamin Rush State Park South 43 degrees 39 minutes 11 seconds East a distance of 201.605 feet to a point common to other lands of Benjamin Rush State Park and lands of the Philadelphia State Hospital; thence by lands of said Philadelphia State Hospital South 46 degrees 06 minutes 32 seconds West 919.647 feet to a point; thence by same South 41 degrees 04 minutes 22 seconds West a distance of 277.530 feet to a point; thence by same North 41 degrees 41 minutes 49 seconds West a distance of 201.603 feet to a point on the southeasterly side of Carter Road, place of beginning.

Containing 5.5199 acres of land.

TRACT NO. 3

Beginning at a point on the southeasterly side of an access road between the West units and North units of the Philadelphia State Hospital Complex being a common corner of lands of said Philadelphia State Hospital and lands of Benjamin Rush State Park, said point of beginning also being the following two (2) courses and distances from the northeast corner of Tract No. 1 previously described herein: (1) North 86 degrees 54 minutes 11 seconds West a distance of 159.687 feet to a point and (2) North 41 degrees 54 minutes 11 seconds West a distance of 382.747 feet to place of beginning; thence by lands of the Philadelphia State Hospital North 41 degrees 54 minutes 11 seconds West 141.421 feet to a point; thence by the same North 03 degrees 05 minutes 49 seconds East a distance of 159.687 feet to a point; thence by the same North 48 degrees 05 minutes 49 seconds East a distance of 141.421 feet to a point common to lands of the Philadelphia State Hospital and other lands of Benjamin Rush State Park; thence by other lands of Benjamin Rush State Park South 03 degrees 05 minutes 49 seconds West a distance of 359.687 feet to a point, the place of beginning.

Containing 0.5961 acre of land.

(b) The three 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 purchaser of the tracts and sell the property. Acceptance of an offer shall be subject to a minimum price requirement as established by the Department of General Services 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 of General Services through independent appraisal. In establishing the value equivalent, the Department of General Services 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, 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, 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 department.

(g) The tracts and parcels of land described in this section 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."