Section 2. Conveyance to Philadelphia Authority for Industrial Development, Tract 2, City of Philadelphia.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to quitclaim to the Philadelphia Authority for Industrial Development for $1 any interest it may have in certain lands situate in the 39th Ward of the City of Philadelphia described in subsection (b).
(b) Description.--The lands to be quitclaimed pursuant to subsection (a) consist of 186.32 acres more particularly described as follows:
ALL THAT CERTAIN land located in the City of Philadelphia, Commonwealth of Pennsylvania, that is river-bed that was made fast land by having fill placed upon it, a general description based upon paper survey as follows to wit:
Beginning at a point near the Bulkhead Line of the Delaware River, as established by the Secretary of War, September 10, 1940, a common corner for lands now or formerly of Consolidated Rail Corporation, and Parcel 9, the said point being measured the eleven (11) following courses and distances from the intersection of the easterly side of Broad Street (at 300 feet wide) with the southwesterly side of Pattison Avenue (at 120 feet wide):
1. Southwesterly along the easterly side of Broad Street, 2,527.57 feet to a point;
2. Southeasterly at right angles to said Broad Street, 37 feet to a drill hole set, a corner for the said lands now or formerly of Consolidated Rail Corporation; (courses 3 through 8 along the southerly side of lands now or formerly of Consolidated Rail Corporation);
3. South 75 degrees 30 minutes 00 seconds East, 3.00 feet to a drill hole set;
4. South 76 degrees 31 minutes 21 seconds East 229.54 feet to an iron pin set;
5. South 68 degrees 33 minutes 21 seconds East, 284.65 feet to an iron pin set;
6. South 63 degrees 50 minutes 26 seconds East, 341 feet to an iron pin set;
7. Southeasterly by a curve to the left having a radius of 2,287.44 feet, and an arc length of 730.03 feet to an iron pin set, said point being distant by a chord of South 72 degrees 59 minutes 00 seconds East, 726.93 feet from last described point;
8. South 82 degrees 07 minutes 34 seconds East 1,741.91 feet to a point; and
9. South 76 degrees 03 minutes 40 seconds East, 6093.91 feet;
10. South 76 degrees 03 minutes 40 seconds East, 50.00 feet to a point near the bulkhead of the Delaware River;
11. South 40 degrees 23 minutes 05 seconds West, 776.55 feet to the place of beginning;
Thence from the said point of Beginning, the twenty one (21) following described courses and distances;
1. South 40 degrees 23 minutes 05 seconds West, 851.40 feet;
2. South 58 degrees 07 minutes 17 seconds West, 1,737.34 feet;
3. South 78 degrees 26 minutes 04 seconds West, 1,099.52 feet;
4. South 78 degrees 27 minutes 42 seconds West, 2,645.60 feet;
5. North 86 degrees 01 minutes 55 seconds West, 340.00 feet;
6. North 00 degrees 56 minutes 51 seconds West, 960.00 feet;
7. North 82 degrees 02 minutes 26 seconds East, 1,650.00 feet;
8. North 12 degrees 11 minutes 20 seconds East, 150.00 feet;
9. North 58 degrees 52 minutes 22 seconds East, 1,005.00 feet;
10. North 72 degrees 03 minutes 16 seconds West, 1,580.00 feet;
11. North 00 degrees 00 minutes 00 seconds East, 618.53 feet;
12. South 66 degrees 48 minutes 40 seconds East, 414.28 feet:
13. South 82 degrees 18 minutes 40 seconds East, 633.87 feet;
14. South 00 degrees 00 minutes 00 seconds East, 336.58 feet;
15. North 90 degrees 00 minutes 00 seconds East 1,818.68 feet
16. South 84 degrees 33 minutes 40 seconds East, 810.91 feet;
17. South 66 degrees 33 minutes 40 seconds East, 340.00 feet;
18. North 73 degrees 56 minutes 20 seconds East, 470.00 feet;
19. North 60 degrees 56 minutes 20 seconds East, 246.11 feet;
20. North 90 degrees 00 minutes 00 seconds East, 210.00 feet;
21. South 59 degrees 23 minutes 28 seconds East 237.20 feet to the place of beginning.
(c) Easements.--The quitclaim conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, all as may appear of record, 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, all as may appear of record, for any portion of the land or improvements erected thereon.
(d) Deed.--
(1) The quitclaim deed of conveyance authorized by this section shall contain a right of reverter that can be exercised in the event the Philadelphia Authority for Industrial Development, subject to paragraphs (2) and (3), does not convey to the Philadelphia Regional Port Authority by quitclaim deed its rights, title and interest in at least 180 acres of land at the Philadelphia Naval Shipyard simultaneously with or immediately after this conveyance of land, and, upon such conveyance to the Philadelphia Regional Port Authority, such requirement shall be deemed satisfied and shall be of no further force and effect, and the Philadelphia Regional Port Authority and the Philadelphia Authority for Industrial Development shall execute and record such documents as are necessary and appropriate to confirm the satisfaction of such requirement.
(2) The quitclaim deed of conveyance authorized by this section shall contain a clause that any conveyance from the Philadelphia Authority for Industrial Development to the Philadelphia Regional Port Authority for any portion of the lands to be conveyed herein shall be used for port facility purposes under the act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia Regional Port Authority Act, by the grantee, or its successor in interest.
(3) The quitclaim deed of conveyance authorized by this section shall contain a clause requiring that the conveyance of at least 180 acres of land at the Philadelphia Naval Shipyard referred to in paragraph (1) shall contain a right of reverter to the benefit of the Philadelphia Authority for Industrial Development on a portion of such 180 acres of land, such portion being more particularly described as follows, that can be exercised by the Philadelphia Authority for Industrial Development in the event that as of January 1, 2016, less than ninety percent of such portion is being used for port facility purposes, under the Philadelphia Regional Port Authority Act, and, upon the exercise of such reverter, the restriction set forth in paragraph (2) relating to port facility purposes shall be, as to such portion, extinguished and of no further force and effect, and the Philadelphia Regional Port Authority and the Philadelphia Authority for Industrial Development shall execute and record such documents as are necessary and appropriate to confirm the exercise of such reverter and extinguishment, as to such portion, of the restriction set forth in paragraph (2):
Beginning at a point near the Bulkhead Line of the Delaware River, as established by the Secretary of War, September 10, 1940, a common corner for lands now or formerly of Consolidated Rail Corporation, and Parcel 9, the said point being measured the fourteen (14) following courses and distances from the intersection of the easterly side of Broad Street (at 300 feet wide) with the southwesterly side of Pattison Avenue (at 120 feet wide):
1. Southwesterly along the easterly side of Broad Street, 2,527.57 feet to a point;
2. Southeasterly at right angles to said Broad Street, 37 feet to a drill hole set, a corner for the said lands now or formerly of Consolidated Rail Corporation; (courses 3 through 8 along the southerly side of lands now or formerly of Consolidated Rail Corporation);
3. South 75 degrees 30 minutes 00 seconds East, 3.00 feet to a drill hole set;
4. South 76 degrees 31 minutes 21 seconds East 229.54 feet to an iron pin set;
5. South 68 degrees 33 minutes 21 seconds East, 284.65 feet to an iron pin set;
6. South 63 degrees 50 minutes 26 seconds East, 341 feet to an iron pin set;
7. Southeasterly by a curve to the left having a radius of 2,287.44 feet, and an arc length of 730.03 feet to an iron pin set, said point being distant by a chord of South 72 degrees 59 minutes 00 seconds East, 726.93 feet from last described point;
8. South 82 degrees 07 minutes 34 seconds East 1,741.91 feet to a point; and
9. South 76 degrees 03 minutes 40 seconds East, 5,205.90 feet;
10. South 76 degrees 03 minutes 40 seconds East, 938.01 feet to a point near the bulkhead of the Delaware River;
11. South 40 degrees 23 minutes 05 seconds West, 1,627.95 feet;
12. South 58 degrees 07 minutes 17 seconds West, 1,737.34 feet;
13. South 78 degrees 26 minutes 04 seconds West, 1,099.52 feet;
14. South 78 degrees 27 minutes 42 seconds West, 1,247.43 feet to the place of beginning;
Thence from the said point of Beginning, the four (4) following described courses and distances;
1. South 78 degrees 27 minutes 42 seconds West, 741.02 feet;
2. North, 2,241.48 feet;
3. North 89 degrees 29 minutes 47 seconds East, 726.07 feet;
4. South, 2,099.64 feet to the place of beginning.
Containing 36.18 acres of land, more or less
(e) Land use restriction.--All deeds or leases authorized or referred to under this section shall be made under and subject to the condition, which shall be contained in the deed or lease documents, that no portion of the parcels 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. This condition shall be a covenant running with the land and shall be binding upon the deed or lease or sublessees and their respective successors and assigns.
(f) Deed execution.--The deed of conveyance authorized by this section 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.
(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.