Section 4. Conveyance to Philadelphia Regional Port Authority, 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 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 16.82 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 on 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);
Thence from the said point of Beginning, the eight (8) following described courses and distances;
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 a point;
4. North 75 degrees 58 minutes 58.9 seconds West along the distance of 565.227 feet to a point on the said Bulkhead Line of The Delaware River;
5. North 75 degrees 58 minutes 58.9 seconds West the distance of 680.194 feet to a point on an arc;
6. Thence extending northwardly along said arc curving to the right, having a radius of 4,990.020 feet the arc distance of 137.707 feet (chord bearing of North 13 degrees 39 minutes 14.2 seconds East and chord distance of 137.703 feet) to a point;
7. North 14 degrees 16 minutes 18.1 seconds East, 423.379 feet;
8. South 75 degrees 30 minutes 00 seconds East, partially crossing the southerly dead end of a certain 50 feet Wide Easement the distance of 371.880 feet to the first mentioned point and 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.