Title
Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire from the Consolidated Rail Corporation all of its right, title and interest, if any, in and to certain real property comprised of parcels of real estate, also known as part of the Kensington & Tacony Industrial Track; and to acquire from the Commonwealth of Pennsylvania, acting by and through the Pennsylvania Fish and Boat Commission, all of its right, title and interest, if any, in and to certain parcels of real estate known as the Frankford Arsenal Boat Ramp property and the Tacony Boat Ramp properties; all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The Commissioner of Public Property, on behalf of the City of Philadelphia, is hereby authorized to purchase acquire from the Consolidated Rail Corporation for nominal consideration all of its right, title and interest, if any, in and to certain parcels of real estate bounded between Old Frankford Creek in the south, Tacony Street in the west, the Delaware River in the east and Princeton Avenue in the north, containing approximately 9.3 acres and any improvements situated thereon, if any, also known as part of the Kensington & Tacony Industrial Track (“K&T Track”), as further described in Exhibit "A", attached hereto.
SECTION 2. The Commissioner of Public Property, on behalf of the City of Philadelphia, is hereby authorized to acquire from the Commonwealth of Pennsylvania, acting by and through the Pennsylvania Fish and Boat Commission, all of its right, title and interest, if any, in and to certain parcels of real estate with the improvements situated thereon, if any, known as the Frankford Arsenal Boat property, containing approximately 21.63 acres, and the Tacony Boat Ramp properties (collectively, the “Boat Ramp Properties”), containing approximately 2.09 acres, as further described in Exhibits “B” and “C”, respectively, attached hereto.
SECTION 3. Upon receipt by the City of the K&T Track and the Boat Ramp Properties, described in Section 1 and 2 of this Ordinance, respectively, the K&T Track and the Boat Ramp Properties shall be placed under the jurisdiction of the Fairmount Park Commission under Section 15-201 of The Philadelphia Code.
SECTION 4. The City Solicitor is hereby authorized to review and to approve all instruments and documents necessary to effectuate this Ordinance, which instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary and proper to protect the interests of the City of Philadelphia and to carry out the purposes of this Ordinance.
SECTION 5. The Chief Clerk of City Council shall keep on file the documents referred to as Exhibits “A”, “B” and “C” and shall make them available for inspection by the public during regular office hours.
End
Exhibit “A”
Legal Description of Kensington & Tacony Industrial Track
Parcel "A"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st and 45th Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at a point on the Southwesterly side of Comly Street (60 feet wide, legally open) which point is measured South 32 degrees 11 minutes 35 seconds East the distance of 703.667 feet from the Southeasterly side of Milnor Street (60 feet wide, legally open);
THENCE extending from said point of beginning North 53 degrees 15 minutes 46 seconds East crossing the bed of said Comly Street the distance of 60.189 to a point; thence extending South 32 degrees 11 minutes 35 seconds East the distance of 30.095 to a point; thence extending South 53 degrees 15 minutes 46 seconds West recrossing the bed of said Comly Street the distance of 60.189 to a point said Southwesterly side of Comly Street; thence extending further South 53 degrees 15 minutes 46 seconds West the distance of 296.792 (plan) 296.520 (calculated) to a point of curve; thence extending Southwestwardly crossing the bed of former Dark Run Lane on the arc of a circle curving to the left having a radius of 1417.698 the arc distance of 319.129 to a point of tangent; thence extending South 40 degrees 21 minutes 55 second West crossing the bed of former VanKirk Street the distance of 660.035 feet to a point of curve; thence extending thence extending Southwestwardly on the arc of a circle curving to the left having a radius of 1417.698 the arc distance of 333.776 to a point of tangent; thence extending South 26 degrees 52 minutes 33 seconds West crossing the bed of Sanger Street (60 feet wide, not legally open) the distance of 549.171 to a point of curve; thence extending Southwestwardly on the arc of a circle curving to the right having a radius of 2879.900 the arc distance of 264.729 to a point on the Northerly side of Frankford Creek (100 feet wide); thence extending North 54 degrees 55 minutes 24 seconds West along the Northerly side of said Frankford Creek the distance of 30.040 feet to a point; thence extending Southwestwardly on the arc of a circle curving to the left having a radius of 2849.900 the arc distance of 260.433 feet to a point of tangent; thence extending North 26 degrees 52 minutes 33 seconds East recrossing the bed of said Sanger Street the distance of 223.649 feet to a point of curve; thence extending Northwestwardly on the arc of a circle curving to the left having a radius of 463.000 the arc distance of 491.789 to a point of tangent; thence extending North 33 degrees 58 minutes 57 seconds West crossing the bed of former Milnor Street the distance of 1327.775 to a point of curve; thence extending Northwestwardly on the arc of a circle curving to the left having a radius of 1418.000 the arc distance of 106.990 to a point on the Southeasterly side of Tacony Street (60 feet wide legally open);thence extending North 54 degree 27 minutes 03 seconds East along the said Southeasterly side of Tacony Street the distance of 34.046 feet to a point; thence extending South 33 degrees 58 minutes 57 seconds East recrossing the bed of said former Milnor Street the distance of 1690.819 to a point; thence extending North 26 degrees 52 minutes 33 seconds East the distance of 19.229 feet to a point of curve; thence extending Northeastwardly on the arc of a circle curving to the right having a radius of 1447.695 the arc distance of 340.839 to a point of tangent; thence extending North 40 degrees 21 minutes 5|1013| second East recrossing the bed of said Vankirk Street the distance of 660.035 feet to a point of curve; thence extending Northeastwardly recrossing the bed of said former Dark Run Lane on the arc of a circle curving to the right having a radius of 1447.6|10 13|8 the arc distance of 325.882 to a point of tangent; thence extending North 53 degrees 15 minutes 46 seconds East the distance of 299.177 (plan) 298.904 (calculated) to a point on the said Southwesterly side of Comly Street, being the first mention point and place of beginning.
Parcel "B"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at the extended Northeasterly side of Comly Street (60 feet wide, legally open) which point is measured South 32 degrees 11 minutes 35 seconds East the distance of 1328.980 feet from the Southeasterly side of Tacony Street (56 feet wide, legally open);
THENCE extending from said point of beginning North 53 degrees 15 minutes 46 seconds East the distance of 771.586 feet to a point; thence extending North 16 degrees 24 minutes 35 seconds West the distance of 3.166 feet to a point; on the Easterly side of a variable width Easement for overhead transmission line and maintenance repair and renewal of undergrade bridge; thence extending North 50 degrees 16 minutes 08 seconds East along the said variable width Easement and crossing the bed of former Lardner Street (60 feet wide, stricken from city plan being reserved for construction of future sewer and maintenance of existing and future sewers) the distance of 134.786 to an angle point; thence extending North 49 degrees 43 minutes 38 seconds East along the said variable width Easement the distance of 255.594 to a point on the Southwesterly side of Devereaux Street (60 feet wide legally open); thence extending North 53 degrees 15 minutes 46 seconds East along the said Southwesterly side of Devereaux Street the distance of 31.659 to a point; thence extending South 49 degrees 47 minutes 43 seconds West crossing the bed of said former Lardner Street the distance of 400.145 to a point; thence extending South 53 degrees 15 minutes 46 seconds West distance of 763.156 to a point; thence extending North 32 degrees 11 minutes 35 seconds West the distance of 30.095 to a point, being the first mentioned point and place of beginning.
Parcel "C"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at point on the Northeasterly side of Deveraux Street (60 feet wide, legally open) which point is measured South 32 degrees 11 minutes 35 seconds East the distance of 470.000 feet from the Southeasterly side of Milnor Street (50 feet wide, legally open);
THENCE extending from said point of beginning North 57 degrees 48 minutes 25 seconds East the distance of 384.000 to a point; thence extending North 32 degrees 11 minutes 35 seconds West crossing the bed of said Milnor Street the distance of 1052.012 to a point on the Southeasterly side of Tacony Street; (56 feet wide legally open); thence extending North 57 degrees 46 minutes along the said Southeasterly side of Tacony Street the distance of 15.000 feet to a point; thence extending South 32 degrees 11 minutes 35 seconds East recrossing the bed of said Milnor Street the distance of 955.439 feet to a point of curve; thence extending Eastwardly on the arc of a circle curving to the left having a radius of 32.500 feet the arc distance of 78.867 feet to a point; thence extending North 57 degrees 48 minutes 25 seconds East the distance of 157.732 to a point on the Northeasterly side of Robbins Street (60 feet wide, legally open); thence extending South 32 degrees 11 minutes 35 seconds East along the said Northeasterly side of Robbins Street distance of 50.00 feet to a point; thence extending South 49 degrees 47 minutes 43 second West the distance of 604.906 feet to a point on the said Northeasterly side of Devereaux Street; thence extending North 32 degrees 11 minutes 35 seconds
West along the said Northeasterly side of Devereaux Street the distance of 134.308 feet to a point, being the first mentioned point and place of beginning.
Parcel "D"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at point on the Northeasterly side of Robbins Street (60 feet wide, legally open) which point is measured South 32 degrees 11 minutes 35 seconds East the distance of 489.704 feet from the Southeasterly side of Milnor Street (50 feet wide, legally open);
THENCE extending from said point of beginning North 49 degrees 47 minutes 43 second East partly crossing the bed of said Robbins Street distance of 60.592 feet to a point; thence extending South 32 degrees 11 minutes 35 seconds East the distance of 30.296 feet to a point; thence extending South 49 degrees 47 minutes 43 second West recrossing the bed of said Robbins Street the distance of distance of 60.592 feet to a point on the said Northeasterly side of Robbins Street; thence extending North 32 degrees 11 minutes 35 seconds West along the said Northeasterly side of Robbins Street of distance 30.296 to a point, being the first mentioned point and place of beginning.
Parcel "E"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at a point on the extended Northeasterly side of Levick Street 60 feet wide legally open) which point is measured South 32 degrees 11 minutes 35 seconds East the distance of 459.519 from the Easterly side of Elbridge Street (74 feet wide legally open);
THENCE extending from said point of beginning North 65 degrees 09 minutes 30 seconds East crossing the Tacony Palmyra Bridge the distance of 246.031 feet a point; thence extending North 32 degrees 11 minutes 35 West the distance of 11.091 to a point on the Easterly side of a easement for transmission lines; thence extending North 65 degrees 0|10 13| minutes 30 East along the said Easterly side of a Easement for Transmission lines the distance of 252.187 to a point; thence extending North 32 degrees 11 minutes 35 East the distance of 11.218 to a point; thence extending North 65 degrees 09 minutes 30 East crossing the bed of a 40 foot wide right of way reserved for to maintain water conduit, the Easterly side of a 35 foot wide pipeline easement and partly crossing the bed of Unruh Street (60 feet wide, legally open) the distance of 1273.169 to a point of curve; thence extending Northeastwardly still crossing the bed of said Unruh Street on the arc of a circle curving to the left having the radius 1417.698 the arc distance of 16.024 to a point on the Northeasterly side of said Unruh Street; thence extending South 28 degrees 19 minutes 47 seconds East along the said Northeasterly side of said Unruh Street the distance of 30.026 feet to a point; thence extending Southwestwardly recrossing the bed of said Unruh Street on the arc of a circle curving to the right having a radius of 1447.698 the arc distance of 17.854 feet to a point of tangent; thence extending South 65 degrees 09 minutes 30 East still recrossing the bed of said Unruh Street, along the Westerly side of a easement for transmission lines and, recrossing the said Tacony Palmyra Bridge and crossing the bed of said Levick Street the distance of 1772.793 to a point on the Southwesterly side of said Levick Street; thence extending
North 32 degrees 11 minutes 35 seconds West along the said Southwesterly side of Levick Street the distance of 30.249 feet to a point; thence extending North 65 degrees 09 minutes 30 seconds East recrossing the bed of said Levick Street the distance of 60.497 feet to a point, being the first mentioned point and place of beginning
Parcel "F"
ALL THAT CERTAIN PARCEL OF GROUND, formerly known as the Kensington & Tacony Railroad Company Right of Way. Situate in the 41st Ward of the City of Philadelphia, described according to a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003 to wit;
BEGINNING at a point on the Southeasterly side of Milnor Street (56 feet wide legally open) which point is measured South 61 degrees 33 minutes 35 seconds West along the said Southeasterly side of Milnor Street the distance of 5.059 feet form a point of tangent, which point of tangent is measured Southwestwardly along the said Southeasterly side of Milnor Street on the arc of a circle curving to the left having a radius of 964.506 the arc distance of 133.006 feet from a point of tangent, which point of tangent is measured South 69 degrees 27 minutes 39 seconds West along the said Southeasterly side of Milnor Street the distance of 495.650 feet from a point of tangent, which point of tangent is measured Southwestwardly along the said Southeasterly side of Milnor Street on the arc of a circle curving to the left having a radius of 316.127 the arc distance of 50.098 from the Southwesterly side of Princeton Avenue (60 feet wide not legally open);
THENCE extending from said point of beginning South 5 degrees 05 minutes
07 seconds East the distance of 973.978 feet to a point of curve; thence extending Southwardly crossing the bed of former Disston Street (stricken from city plan and vacated - right of way to maintain sewer reserved) and crossing the bed of former Delaware Ave (stricken from city plan and vacated - right to maintain water conduit reserved) having the radius of 302.900 feet the arc distance of 256.511 feet to a point; thence extending the following five (5) courses and distances within the bed of said former Delaware Avenue: (1)thence South 26 degrees 14 minutes 25 seconds East the distance of 25.000 to a point;(2) thence South 67 degrees 37 minutes 47 seconds West the distance of 93.875 feet to a point; thence South 61 degrees 33 minutes 35 seconds West partly along the Southerly side of a driveway easement the distance of 419.401 to a point; (4)thence North 27 degrees 42 minutes 25 seconds West the distance of 30.003 feet to a point;(5)thence North 61 degrees 33 minutes 35 second East crossing the said driveway Easement, along the Northerly side of the said driveway easement and recrossing the bed of the said driveway easement the distance of 419.017 to a point; thence extending Northwardly recrossing the bed of the said driveway and the bed of said Delaware Avenue and partly recrossing the bed of said former Disston Street on the arc of a circle curving to the left having the radius of 272.900 the arc distance of 217.839 feet to a point; thence extending North 5 degrees 05 minutes 07 seconds West still recrossing the bed of said former Disston Street the distance of 1050.738 feet to a point on the said Southeasterly side of Milnor Street; thence extending North 69 degrees 27 minutes 39 seconds West along the said Southeasterly side of Milnor Street the distance of 52.277 feet to a point, being the first mentioned point and place of beginning.
The said descriptions that described the Kensington & Tacony Railroad Company Right of Way are from a Plan of Property made for the City of Philadelphia by Joseph P. Muldowney, Surveyor and Regulator of the 8th Survey District, dated 4/28/2003.
Exhibit “B”
Legal Description of Frankford Arsenal Boat Ramp Property
BEGINNING at a point in the centerline of Tacony Street, at the existing northern corner of the said Frankford Arsenal, a common corner with the lands now or formerly owned by Lombard Trucking Company, Incorporated; thence, along the common boundary of the aforesaid Arsenal and the said Lombard Trucking Company and the said Arsenal and the lands now or formerly of Dietz and Watson, Incorporated, south 35 degrees, 43 minutes east, 1565.63 feet, more or less, to a corner at the edge of a 30 foot right-of-way of the Consolidated Railroad; thence, south 35 degrees, a 43 minutes east, 30 feet, more or less, across the said right-of-way to a point; thence south 35 degrees, 43 minutes east 199.65 feet, more or less, to a corner at the bank of the Delaware River, the |1013|908 bulkhead line, the southeast corner of the beforementioned Frankford Arsenal; thence, along the 1908 bulkhead line south 32 degrees, 54 minutes west, 452.09 feet, more or less, thence and by the waters of the Delaware River south 35 degrees, 43 minutes east 303.09 feet, more or less, to a point in the said river on the 1921 pier line; thence and by the said river and pier line south 32 degrees, 20 minutes west, 262.76 feet, more or less, to a corner; thence and by the waters of the said river north 87 degrees, 25 minutes west, 331.35 feet, more or less, to a point on the 1908 bulkhead line, at the seawall; thence along the line of the Frankford Creek bulkhead north 87 degrees, 25 minutes west, 44.99 feet, more or less, to a point; thence south 84 degrees, 18 minutes west, 70.04 feet to a point on the eastern edge of a 30 foot right-of-way of the Consolidated Railroad; thence upon the said right-of-way south 84 degrees, 18 minutes west, 15 feet, more or less; thence northerly 35 feet, more or less, along the fenceline to a point at west edge of the said right-of-way; thence northwesterly along the same fenceline 140 feet, more or less, to a corner, thence an by the fenceline northwardly 295 feet, more or less, to a point at the centerline of Wabash Street, thence and by the same fenceline northeast 340 feet, more or less, to a corner in the fenceline; thence and by the fenceline north 35 degrees, 43 west, 1690 feet, more or less, to a point at the centerline of Tacony Street; thence and by the centerline of the said street north 52 degrees, 42 minutes east, 421 feet, more or less, to a point on the centerline of Tacony Street, the point and place of the beginning.
The property herein conveyed contains 21.63 acres, of land more or less, of which 19.01 acres is fastland and 2.62 acres is inundated, and was formerly a portion of the Frankford Arsenal, formerly under the administrative jurisdiction of the United States Army, an agency of the United States Government.
Exhibit “C”
Legal Description of Tacony Boat Ramp Properties
Property "A"
BEGINNING at a point in the southwesterly right-of-way line of Princeton Avenue, the same being the reservation boundary line, said point being further located South 28° 41’ East 1195.41 feet, more or less, form the point of intersection of said line of Princeton Avenue with the southeasterly right-of-way line of Wissinoming Street; thence, with said line of Princeton Avenue, being the reservation boundary line, South 28° 41’ East 210.00 feet, more or less, to a point in the bulkhead line at the Delaware River, said point being the most southeastern corner of the reservation; thence, leaving said line of Princeton Avenue and with said bulkhead line and Delaware River, continuing with the reservation boundary line, South 79° 46’ West 483.44 feet, more or less, to the most southern corner of the reservation, thence, leaving said bulkhead line and Delaware River, and continuing with the reservation boundary line, North 28° 41’ West 279.56 feet, more or less, to an angle point; thence, leaving said boundary line and crossing the reservation, the following courses and distances: North 61° 19’ East 65.00 feet, more or less, South 70° 43’ East 95.00 feet, more or less, South 28° 41’ East 152.00 feet, more or less, North 61° 19’ East 330.00 feet, more or less, to the place of beginning, containing 2.01 acres, more or less.
SUBJECT to and reserving unto the Grantor, a ten foot wide utility easement, located five feet either side of the following described centerline:
BEGINNING at a point in the northwesterly line of the above-described parcel within the reservation boundary, said point being further located North 61° 19’ East 7.0 feet, more or less, form an angle point in the southwesterly line of the reservation, said angle point being located North 28° 41’ West 279.56 feet, more or less, from the most southern corner of the reservation, said corner being in the bulkhead line at the Delaware River; thence, leaving said northwesterly line and crossing the above-described parcel, the following courses and distances: South 28° 41’ East 74.00 feet, more or less, South 71° 50’ East 115.49 feet, more or less, South 28° 41’ East 150.00 feet, more or less, to its terminus, a point in the said bulkhead line at the Delaware River, said point being located North 79° 46’ East 90.66 feet, more or less, from the said most southern corner of the reservation. The above utility easement contains 0.08 of an acre, more or less.
Property "B"
A CERTAIN PARCEL OF LAND situate in the Commonwealth of Pennsylvania, County of Philadelphia, in the Forty-first Ward of the City of Philadelphia, being a part of Tract #1, of the Frankford Arsenal-Tacony Warehouse Annex (formerly Philadelphia Armor Plate Plant) Military Reservation, owned by the United States of America, more particularly bounded and described as follows:
BEGINNING at a point in the southwesterly right-of-way line of Princeton Avenue, the same being the reservation boundary line, said point being further located South 28° 41’ East 1195.41 feet, more or less, from the point of intersection of said line of Princeton Avenue, with the southeasterly right-of-way line of Wissinoming Street; thence, leaving said line of Princeton Avenue, and said boundary line, and crossing the reservation by the following courses and distances: South 61° 19’ West 330.00 feet, more or less, North 28° 41’ West, 120.00 feet, more or less, North 61° 19’ East, 330.00 feet, more or less, to a point on said line a Princeton Avenue, and said boundary lines; thence, with said line of Princeton Avenue, being the reservation boundary line, South 28° 41’ East 120.00 feet, more or less, to the place of beginning, containing 0.90 of an acre, more or less.
TOGETHER WITH a right-of-entry easement across the southeast corner of the 14.22 acres of land retained by the Army-Air Force Exchange Service as shown on the Real Estate Drawing Number MAD 1021, Sheet 1 of 1, dated 7 April 1944 and more particularly described as follows:
BEGINNING at a point in the southwesterly right-of-way line of Princeton Avenue, the same being the reservation boundary line, said point being further located South 28° 41’ East 1075.41 feet, more or less, from the point of intersection of said line of Princeton Avenue, with the southeasterly right-of-way line of Wissinoming Street; thence, leaving said line of Princeton Avenue, and said boundary line, and crossing the reservation by the following courses and distances: South 61° 19’ West 50 feet, more or less, North 28° 41’ West 120 feet, more or less, North 61° 19’ East 50 feet, more or less, to a point on said line of Princeton Avenue, and said boundary line; thence, with said line of Princeton Avenue, being the reservation boundary line.
South 28° 41’ East 120 feet, more or less, to the place of beginning.
The property herein conveyed contains 2.91 acres of land, more or less, together with a right of entry easement, and was formerly portions of the United States Army and Air Force Exchange Warehouse, Philadelphia, Pennsylvania, under the administrative jurisdiction of the Department of the Army, an agency of the United States Government.