Section 5. Conveyance in City and County of Philadelphia.
(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 certain land together with any buildings, structures or improvements thereon situate in the City and County of Philadelphia, Pennsylvania. The department shall sell the property using a public solicitation for proposals.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 1.89 acres and an office building bounded and more particularly described as follows:
ALL THAT CERTAIN lot or piece of ground situate in the Fifteenth Ward of the City of Philadelphia, more fully bounded and described as follows, to wit:
BEGINNING at a point of intersection of the Southerly side of Spring Garden Street (120 feet wide) and the Westerly side of Broad Street (113 feet wide); thence extending Southwardly along the Westerly side of Broad Street 207 feet 8 inches to the point of intersection of the Northerly side of Buttonwood Street (40 feet wide); thence extending Westwardly along the Northerly side of Buttonwood Street 395 feet 8 inches to the Easterly side of Fifteenth Street (50 feet wide); thence extending Northwardly along the Easterly side of Fifteenth Street 207 feet 8 inches to the Southerly side of Spring Garden Street; thence extending Eastwardly along the Southerly side of Spring Garden Street 395 feet 8 inches to the first mentioned point and place of BEGINNING.
CONTAINING approximately 1.89-acres more or less.
Being the same parcel and tract of land conveyed to the Commonwealth of Pennsylvania, Department of General Services, by the General State Authority in its deed, dated July 11, 1997, recorded in the Philadelphia Recorder of Deeds Office in Deed Book 398, Page 560.
(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) Land use 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) Execution.--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.
(f) Costs and fees; proceeds.--All costs and fees incurred by the Department of General Services in selling the property shall be paid from the purchase price, and that amount shall be an executively authorized augmentation to the appropriation from which the costs and fees were paid by the department. An amount equal to any outstanding Commonwealth general obligation debt for the renovations to the Philadelphia State Office Building from 1989 to present shall be deducted from the proceeds of the sale of the building and deposited in the Capital Facilities Fund. The balance of the proceeds of the sale shall be deposited in the General Fund.