Section 5. Conveyance in City of Philadelphia, Philadelphia County.
(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 a certain tract of land together with any improvements thereon, being a portion of the lands of the former Eastern Pennsylvania Psychiatric Institute, situate in the City of Philadelphia, Philadelphia County, to Gaudenzia Foundation, Inc., for $1 and under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under subsection (a) consists of the following:
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 a point on the southwesterly right-of-way line of Henry Avenue (variable width), said point being located South 33° 10' 29" East, a distance of 567.15 feet from the intersection of the southwesterly right-of-way line of Henry Avenue 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 said line of Henry Avenue South 33° 10' 29" East, a distance of 224.56 feet; thence,
2. On the arc of a circle curving to the right having a radius of 513.79 feet, an arc length of 156.81 feet, having a central angle of 17° 29' 11" and being subtended by a chord bearing South 24° 25' 54" East, a chord distance of 156.20 feet; thence,
3. Leaving said line and extending along the lines of Lot 1 South 56° 49' 31" West, a distance of 290.44 feet; thence,
4. Still along the same North 33° 10' 29" West, a distance of 378.94 feet; thence,
5. Still along the same North 56° 49' 31" East, a distance of 314.18 feet to the first mentioned point and place of BEGINNING.
CONTAINING 2.705-acres, more or less.
KNOWN as 3200 Henry Avenue, BRT Account # 77-5-0105-10.
BEING the same premises which the Commonwealth of Pennsylvania, by Deed of Confirmation dated October 2, 2007, and recorded in the Philadelphia County Department of Records Instrument Number 51796039, granted and conveyed unto the Commonwealth of Pennsylvania.
Excepting and reserving those certain easements conveyed by the Grantor to New Courtland Elder Services, Inc., by deed dated January 2, 2015, and recorded at the Philadelphia County Department of Records as Document ID: 52869928.
Together with those rights reserved by the Grantor with respect to the above-referenced easements, in the paragraph titled "Reservation" in the deed to New Courtland Elder Services, Inc., dated January 2, 2015, and recorded at the Philadelphia County Department of Records as Document ID: 52869928.
(c) Existing encumbrances.--The conveyance under subsection (a) 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) Gaming restriction.--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, its successors and assigns. Should the grantee, its successors or assigns, 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.
(e) Use restriction and reversion.--The deed of conveyance shall restrict the use of the property for behavioral health purposes only. If the grantee or successor in function uses the property for other purposes, leases the property for other purposes or attempts to sell the property within 20 years from the date the property is deeded to the grantee, the property shall immediately revert to and revest in the Commonwealth of Pennsylvania. This restriction shall cease 20 years after the date the property is deeded to the grantee.
(f) Deed of conveyance.--The conveyance shall be made by special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(g) Alternate disposition.--In the event that the conveyance authorized under subsection (a) is not completed within two years after the effective date of this subsection, the authority to convey the property as specified in this section shall expire, and 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.
(h) Proceeds.--The proceeds from the sale under this section shall be deposited into the General Fund.