Section 2. Conveyance in City of Pittsburgh, Allegheny County.
(a) Authorization.--The Department of Transportation, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to East Liberty Development, Inc., certain lands and improvements situate in the City of Pittsburgh, Allegheny County, as described in subsection (b), for fair market value based on an appraisal and under terms and conditions to be established in an agreement of sale.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately .0473 acres more or less and all improvements thereon, being more particularly bounded and described as follows:
All that certain parcel of ground situate in the 11th Ward, City of Pittsburgh, County of Allegheny, and Commonwealth of Pennsylvania, being a portion of lands within the right of way of Penn Circle East, an 85 foot public right of way, being more fully described herewith:
Beginning at a point on the westerly right of way line of Penn Circle East, where the same is intersected by the northerly line of Penn Avenue, a 100 foot public right of way, said point also being the southeast corner of lands now or formerly of Stanley S. Chen, thence along the westerly right of way line of Penn Circle East North 26 degrees 11 minutes 00 seconds East for a distance of 144.96 feet to a point on the southerly line of Kirkwood Street, a 40 foot public right of way; thence by a line through Penn Circle East for the following seven courses and distances: First- South 63 degrees 40 minutes 40 seconds East for a distance of 15.75 feet; Second - South 26 degrees 11 minutes 00 seconds West for a distance of 22.00 feet; Third - North 63 degrees 49 minutes 00 seconds West for a distance of 1.00 feet; Fourth - South 26 degrees 42 minutes 40 Seconds West for a distance of 97.41 feet; Fifth - South 30 degrees 39 minutes 30 seconds West for a distance of 20.06 feet; Sixth - by the arc of a circle curving to the right with a radius of 6.00 feet for an arc distance of 8.97 feet; Seventh - North 63 degrees 40 minutes 40 seconds West for a distance of 6.29 feet to a point, said point being the intersection of the westerly right of way line of Penn Circle East and the northerly line of Penn Avenue, the place of beginning.
(c) Easements.--The conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies, as well as under and subject to any lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.
(d) Prohibited use.--The conveyance shall be made under and subject to the condition, which shall be contained in the deed of conveyance, that no portion of the property conveyed shall be used as a licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to definitions), or any other similar type of facility authorized under the laws of this Commonwealth. The condition shall be a covenant running with the land and shall be binding upon the grantee, its successors and assigns. Should the grantee, its successors or assigns, permit any portion of the property authorized to be conveyed in this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Deed.--The deed of conveyance shall be by quit claim deed and shall be executed by the Secretary of Transportation in the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(g) Deposit of proceeds.--Proceeds from the sale shall be deposited into the Motor License Fund.