Section 3. Conveyance to Philadelphia Regional Port Authority, Tract 1, 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 grant and convey to the Philadelphia Regional Port Authority, for $1, certain lands situate in the 39th Ward of the City of Philadelphia described in subsection (b).
(b) Description.--The lands to be conveyed pursuant to subsection (a) consist of 14.90 acres more particularly described as follows:
ALL THAT CERTAIN land located in the City of Philadelphia, Commonwealth of Pennsylvania, that is river-bed, a general description based upon paper survey as follows to wit:
Beginning at a point the following three (3) courses and distances from the southerly projection of the easterly side of Christopher Columbus Boulevard (formerly Delaware Avenue), located S 14 degrees 30 minutes 00 seconds W at the distance of 3,601.940 feet from the intersection of the southerly side of Packer Avenue (148 feet wide) and the said easterly side of Christopher Columbus Boulevard (250 feet wide);
1. South 75 degrees 30 minutes 00 seconds East along a line distance of 580.759 feet to a point on the Bulkhead Line of The Delaware River approved by The Secretary of War, September 10, 1940;
2. South 75 degrees 30 minutes 00 seconds East the distance of 438.331 feet to a point on the Pierhead Line of The Delaware River approved by The Secretary of War, September 10, 1940;
3. South 28 degrees 56 minutes 59.9 seconds West along said Pierhead Line the distance of 568.550 feet to the point of beginning;
Thence from the said point of Beginning, the nine (9) following described courses and distances;
1. South 28 degrees 57 minutes 00.3 seconds West, 284.23 feet;
2. South 76 degrees 32 minutes 43.1 seconds East, 0.900 feet;
3. North 13 degrees 27 minutes 33.5 seconds East, 28.000 feet;
4. South 76 degrees 32 minutes 43.1 seconds East, 8.661 feet;
5. South 28 degrees 57 minutes 00.3 seconds West, 259.860 feet;
6. North 76 degrees 03 minutes 40.00 seconds West, 691.822 feet to a point on the bulkhead line;
7. North 76 degrees 03 minutes 40.00 seconds West, 402.307 feet;
8. South 13 degrees 39 minutes 14.20 seconds West, 555.583 feet;
9. South 75 degrees 58 minutes 58.90 seconds East, 1,245.421 feet to 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) Deed.--The deed of conveyance shall contain a clause that 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.
(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.