Section 3. Conveyance in 38th Ward, City of Philadelphia.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey certain land, together with any buildings, structures or improvements thereon, being a portion of the former Eastern Pennsylvania Psychiatric Institute, situate in the 38th Ward of the City of Philadelphia, Philadelphia County, using a public solicitation for proposals process.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of the following, including any improvements erected thereon:
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, SITUATE in the City and County of Philadelphia, Pennsylvania as shown on a plan entitled "Relocation of Lot Lines Plan" prepared by Langan Engineering and Environmental Services, Inc. dated 08-14-06, and being more particularly bounded and described as follows, to wit:
BEGINNING at the point at the intersection of the southwesterly right of way line of Henry Avenue (variable width) and the southeasterly right of way line of the Roosevelt Boulevard Extension (a.k.a. U.S. Route 1, variable width); thence,
1. Extending along the southwesterly right of way line of Henry Avenue, South 33°10'29" East, a distance of 567.15 feet; thence,
2. Leaving said line of Henry Avenue and extending along the lines of Lot 2, South 56°49'31" West, a distance of 314.18 feet; thence,
3. Still along the same South 33°10'29" East, a distance of 378.94 feet; thence,
4. Still along the same North 56°49'31" East, a distance of 290.44 feet to a point of cusp in the aforementioned line of Henry Avenue; thence,
5. Along the said line of Henry Avenue on the arc of a circle curving to the right having a radius of 513.79 feet, an arc distance of 22.56 feet and a central angle of 02°30'56" and being subtended by a chord which bears South 14°25'50" East a distance of 22.56 feet; thence,
6. Still along the same South 13°10'22" East tangent to said curve, a distance of 419.90 feet to a point in the northerly line of the Germantown and Norristown Railroad (66 feet wide); thence,
7. North 67°56'26" West, a distance of 1,114.24 feet; thence,
8. Leaving said line and extending North 07°28'16" West, a distance of 500.29 feet to a point in the aforementioned southeasterly right of way line of the Roosevelt Boulevard Extension; thence,
9. Along said line of the Roosevelt Boulevard Extension North 56°42'49" East, a distance of 276.84 feet; thence,
10. North 63°18'45" East, a distance of 124.18 feet; thence,
11. On the arc of a circle curving to the left having a radius of 3,091.87 feet, an arc distance of 193.04 feet and a central angle of 03°34'38" and being subtended by a chord which bears North 54°02'13" East, a distance of 193.01 feet to the first mentioned point and place of BEGINNING.
CONTAINING 13.867 acres, more or less.
BEING 3232 Henry Avenue
BEING the same premises as described in a Deed of Confirmation by the Commonwealth of Pennsylvania, acting by and through the Department of General Services, an administrative department of the Commonwealth of Pennsylvania, dated October 2, 2007 and recorded with the Philadelphia County Department of Records as Document ID# 51796040.
(c) Use.--The Department of General Services shall seek the input of the City of Philadelphia and the affected community on the allowable uses to be incorporated into the solicitation for proposals and shall review any proposals received with the City of Philadelphia and the affected community prior to the selection of a proposal.
(d) 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.
(e) Condition.--Any conveyance authorized under this section 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 State law. The condition shall be a covenant running with the land and shall be binding upon the grantee and its successors. Should the grantee or its successors, 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.
(f) Deed.--The deed of conveyance shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(g) Costs and fees.--The amount of all costs and fees incurred by the Department of General Services in preparing the property for sale shall be deducted from the proceeds of the sale and transferred to the appropriation from which the costs and fees were paid by the Department of General Services. The balance of the proceeds of the sale shall be deposited into the Capital Facilities Fund and used to pay any outstanding Commonwealth general obligation debt for renovations and/or improvements to the Eastern Pennsylvania Psychiatric Institute, or its supporting infrastructure. If there are any funds remaining, the balance shall be deposited into the General Fund.
(h) Disposition.--In the event that this conveyance is not executed within two years of the effective date of this section, the property may be disposed of in accordance with section 2405-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.