Section 3. Conveyance to City of Philadelphia.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey, to the City of Philadelphia, the following tract of land, together with any buildings, structures or improvements thereon, situate in the 40th Ward of the City of Philadelphia, Philadelphia County, for $38,000,000 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 a tract of land totaling approximately 18.837 acres, including all buildings, structures and improvements located thereon, more particularly described as follows:
ALL THAT CERTAIN tract or parcel of ground situated in the 40th Ward of the City of Philadelphia bounded and described in accordance with a plan thereof made by Maurice H. Goldich, Surveyor and Regulator of the Tenth Survey District, dated September 21, 1966, as follows:
BEGINNING at a point on the northwesterly side of Enterprise Avenue (70' wide) at the distance of 398' as measured N 60 degrees 46 minutes 26 seconds East along said northwesterly side of Enterprise Avenue from the point of intersection of the said side of Enterprise Avenue produced southwestwardly and the northeasterly side of Executive Avenue (60' wide) produced southeastwardly, said point of beginning being on the northeasterly line of a proposed right-of-way for an industrial railroad side track (agreement between City of Philadelphia and the Philadelphia Baltimore and Washington Railroad Company pending); thence extending along said northeasterly right-of-way line North 29 degrees 13 minutes 34 seconds West a distance of 836.394' to a point of curve; thence extending along a curve to the right having a radius of 335' subtending a central angle of 65 degrees 02 minutes 44 seconds an arc distance of 380.312' to a point of tangency, said point of tangency being on the southeasterly side of the clear zone of runway 4-22 Philadelphia International Airport; thence extending along said southeasterly side of the clear zone North 35 degrees 49 minutes 10 seconds East a distance of 355.147' to a point; thence extending North 72 degrees 21 minutes 25.45 seconds East a distance of 188.176' to a point on a property line of the City of Philadelphia (Southwest Sewage Treatment Works); thence extending along said property line and crossing the head of a right-of-way for sewer and drainage purposes South 29 degrees 13 minutes 34 seconds East a distance of 1252.172' to a point on the aforementioned northwesterly side of Enterprise Avenue; thence extending along the said side of Enterprise Avenue the following four (4) courses and distances: (1) South 60 degrees 46 minutes 26 seconds West 6.325', (2) along a curve to the left having a radius of 100' subtending a central angle of 117 degrees 03 minutes 30.74 seconds and recrossing the head of the aforementioned right-of-way for sewer and drainage purposes and arc distance of 204.306' to a point of reverse curve, (3) extending along a curve to the right having a radius of 100' subtending a central angle of 47 degrees 32 minutes 45.08 seconds an arc distance of 82.983' to a point of tangency; (4) South 60 degrees 46 minutes 26 seconds West 452.436' to the first mentioned point and place of beginning.
CONTAINING 18.837 acres, more or less.
SUBJECT to a 60-foot-wide right-of-way for sewer and drainage purposes located in the Easternmost corner of the Premises adjacent to the Northeastern extremity of Enterprise Avenue.
BEING Tax Parcel No. 77-3-1025-00.
BEING the same premises the General State Authority conveyed to the Commonwealth of Pennsylvania, by deed dated July 11, 1997, and recorded August 29, 1997, in the Recorder of Deeds Office of Philadelphia County in Deed Book D 0398, Page 565.
(c) Existing encumbrances.--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) Conditions.--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 and 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) Deed.--The conveyance shall be by special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(g) Alternate disposition.--If the conveyance is not effectuated within two years after the effective date of this section, 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.--From the proceeds received by the Commonwealth from the conveyance authorized by this section, $10,000,000 shall be deposited into a restricted account in the General Fund. These proceeds to the restricted account are appropriated to the Department of General Services for the acquisition of land and for the design and construction of a new readiness center for the Department of Military and Veterans Affairs to be located in Philadelphia County. The remaining $28,000,000 of the proceeds received by the Commonwealth from the conveyance authorized by this section shall be deposited into the General Fund.