Section 3. Conveyance in Philadelphia County.
(a) Conveyance authorized.--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 to Philadelphia Authority for Industrial Development, or its assigns, certain land and improvements thereon known as Philadelphia State Hospital described in subsection (b) for the consideration stated in subsection (c) and subject to the conditions and restrictions established by this law and by the Department of General Services.
(b) Property description.--The property to be conveyed pursuant to this section consists of approximately 130.8 acres and improvements thereon situate in the Fifty-eighth Ward of the City of Philadelphia bounded and described as follows (subject to an official Survey and Plan):
TRACT ONE
Beginning at the point of intersection of the northwesterly side of The Roosevelt Boulevard (two hundred fifty-four feet wide) and the northeasterly side of Southampton Road (sixty feet wide); thence extending north forty-two degrees fifty-four minutes four seconds west along the northeasterly side of the said Southampton Road the distance of eight hundred seventy-five and five hundred forty-two one-thousandths feet to an angle point; thence continuing north forty-five degrees six minutes forty seconds west along the northeasterly side of said Southampton Road the distance of approximately seven hundred forty-three feet to a point; thence extending northeastwardly along a line the distance of approximately two thousand forty-two feet to an angle point; thence extending northwardly along a line the distance of approximately thirty-five feet to a point; thence extending eastwardly along a line the distance of approximately forty-four feet to a point; thence extending northeastwardly along a line the distance of approximately two hundred twenty-one feet to an angle point along the southwesterly boundary of Benjamin Rush State Park; thence extending south eighty-eight degrees fifty-three minutes twenty-eight seconds east along a line the distance of two hundred feet to an angle point; thence extending north forty-six degrees six minutes thirty-two seconds east the distance of four hundred twelve and two hundred ninety-two one-thousandths feet to a point; thence extending south forty-one degrees fifty-four minutes eleven seconds east the distance of eight hundred fifty-one and one hundred sixty-eight one-thousandths feet to a point; thence extending south forty-eight degrees five minutes forty-nine seconds west the distance of two hundred ninety-two and six hundred thirty-one one-thousandths feet to a point; thence extending south three degrees five minutes forty-nine seconds west the distance of three hundred sixty-eight and nine hundred twenty-seven one-thousandths feet to a point; thence extending south forty-one degrees fifty-four minutes eleven seconds east the distance of three hundred seventy-six and two hundred thirteen one-thousandths feet to a point; thence extending south eighty-six degrees fifty-four minutes eleven seconds east the distance of four hundred forty-two and five hundred thirty one-thousandths feet to a point on the northwesterly side of said The Roosevelt Boulevard; thence extending south forty-eight degrees five minutes forty-nine seconds west along the northwesterly side of said The Roosevelt Boulevard the distance of two thousand five hundred sixty-seven and one hundred fifteen one-thousandths feet to a point on the northeasterly side of said Southampton Road, being the first mentioned point and place of Beginning. Containing 105.2-acres.
Tract 2
Beginning at the point of intersection of the southwesterly side of Carter Road (forty-six and fifty one-hundredths feet wide) and the northeasterly side of Southampton Road (sixty feet wide); thence extending north forty-one degrees four minutes twenty-two seconds east along the southwesterly side of said Carter Road the distance of one thousand four hundred three and three hundred ten one-thousandths feet to an angle point; thence continuing along the southeasterly side of said Carter Road the distance of nine hundred twenty-eight and four hundred forty-two one-thousandths feet to a point; thence extending south forty-three degrees fifty-three minutes twenty-eight seconds east the distance of four hundred feet to an angle point; thence extending southwestwardly along a line the distance of approximately two hundred twenty-one feet to an angle point; thence extending westwardly along a line the distance of approximately forty-four feet to a point; thence extending southwardly along a line the distance of approximately thirty-five feet to an angle point; thence extending southwestwardly along a line the distance of approximately two thousand forty-two feet to a point on the northeasterly side of said Southampton Road; thence extending north forty-five degrees six minutes forty seconds west along the northeasterly side of said Southampton Road the distance of approximately five hundred two feet to a point on the southwesterly side of said Carter Road, being the first mentioned point and place of Beginning.
Containing 25.6-acres.
(c) Consideration.--In consideration for the purchase of the property, Philadelphia Authority for Industrial Development shall pay to the Department of General Services the lesser of the sum of $850,000 or the total removal costs expended by the Department of General Services under section 2(c). Such consideration shall be paid at closing. To the extent that the actual removal costs are not known at closing, Philadelphia Authority for Industrial Development shall pay $850,000 at closing. If the actual total removal costs expended by the Department of General Services are less than $850,000, Philadelphia Authority for Industrial Development shall receive a monetary refund for the difference between $850,000 and the actual amount of the total removal costs expended by the Department of General Services.
(d) Conditions.--This 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 other easement of record.
(e) Restriction.--The deed of conveyance shall contain the following restriction:
UNDER AND SUBJECT to the restrictions, limitations and conditions that a portion of the lands conveyed, known herein as "Tract 2," shall be used and limited to permitted open space benefits as defined in section 2 of the act of January 19, 1968 (1967 P.L.992, No.442), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses."
(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.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(h) Proceeds.--Sale proceeds from this conveyance shall be deposited into the Capital Facilities Fund to be used by the Department of General Services to remove, or to contract to have removed, all structures, debris and hazardous waste from the property to be transferred to the Department of Conservation and Natural Resources required in section 2.
(i) Alternative disposition.--In the event that, within six months of the effective date of this act, this conveyance is not executed in accordance with this act and the terms established in the Agreement of Sale with the Department of General Services dated July 17, 2002, as amended through June 30, 2003, the property may be disposed of in accordance with Article 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.