Section 4. Land in the 17th Ward (formerly 49th Ward), City of Philadelphia, Philadelphia County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to La Salle University, or its successors or assigns, certain land and improvements situate in the City of Philadelphia, Philadelphia County, for $485,000 and under terms and conditions to be established in an agreement of sale with the Department of General Services.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of a tract of land totaling 2.48 acres and improvements thereon, more particularly described as follows:
ALL THAT CERTAIN lot or piece of ground situate in the Seventeenth Ward (formerly Forty-ninth Ward) of the City of Philadelphia,
BEGINNING at the east point of curve with a radius of thirty-three and nine hundred fifty-eight one-thousandths feet connecting the east side of Rodman Road (fifty feet wide) and the south side of Somerville Avenue (sixty feet wide), now shown on the confirmed City Plan; thence along the south side of Somerville Avenue on a curve to the right with a radius of one thousand twenty-nine and five hundred forty-four one-thousandths feet the arc distance of three hundred twenty-nine and four hundred thirty one-thousandths feet to a point; thence still further along the said side of Somerville Avenue south seventy-eight degrees thirty-nine minutes east ninety and two hundred forty-six one-thousandths feet to a point of curve; thence along a curve to the right with a radius of twenty and seven hundred ninety-six one-thousandths feet the arc distance of forty-one and nine hundred eighty-two one-thousandths feet to a point on the northwest side of Ogontz Avenue (one hundred feet wide); thence south thirty-seven degrees one minute west along said Ogontz Avenue two hundred seventy-five and eight hundred sixty-nine one-thousandths feet to a point; thence still further along said Ogontz Avenue on a curve to the left with a radius of four hundred and sixty feet the arc distance of fifty feet to a point; thence north sixty-nine degrees twenty-seven minutes one second west two hundred fifty-six and five hundred ninety-five one-thousandths feet to a point on the east side of Rodman Road (fifty feet wide); thence north six degrees fifty-nine minutes west along said Rodman Road one hundred ninety-eight and four hundred eighty-four one-thousandths feet to a point of curve; thence along a curve to the right with a radius of thirty-three and nine hundred fifty-eight one-thousandths feet the arc distance of fifty-three and three hundred forty-one one-thousandths feet to the first mentioned point and place of BEGINNING.
BEING Tax ID No. 78-5362800
BEING the same tract of land conveyed to the Commonwealth of Pennsylvania by deed dated November 22, 1937, from the City of Philadelphia and recorded April 6, 1938, in the Philadelphia County Recorder of Deeds Office, Pennsylvania, in Deed Book DWH, No. 526, Page 81.
(c) Oil, gas and mineral rights.--The oil, gas and mineral rights shall be retained by the Department of General Services, on behalf of the Commonwealth of Pennsylvania, and may be leased by the Department of General Services in accordance with the authority granted in the act of October 8, 2012 (P.L.1194, No.147), known as the Indigenous Mineral Resources Development Act.
(d) Easements.--This 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.
(e) Prohibited use.--This conveyance 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 the laws of this Commonwealth. 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.
(f) Deed.--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.
(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(h) Transfer and deposit of proceeds.--One third of the purchase price shall be transferred to the City of Philadelphia as consideration for release of a use restriction on the property. The balance of the proceeds from the sale shall be deposited in the State Treasury Armory Fund.
(i) Alternate disposition.--In the event that this conveyance is not executed per the terms and conditions as established in the agreement of sale, with the Department of General Services, the property may be disposed of by competitive bid.