Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by amicable negotiations or by condemnation, fee simple title to a certain parcel of real estate with the improvements situated thereon (and any covenants, restrictions, easements and other matters that burden said parcel of real estate and/or the improvements thereon) located on the easterly side of Darien street south of Pattison avenue, Philadelphia, Pennsylvania and to transfer that parcel to the Philadelphia Authority for Industrial Development in fee for nominal consideration.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section 1. The Commissioner of Public Property, on behalf of the City of Philadelphia, is hereby authorized to acquire by amicable negotiations or by condemnation, fee simple title to a certain parcel of real estate with the improvements situated thereon (and any covenants, restrictions, easements and other matters that burden said parcel of real estate and/or the improvements thereon) located on the easterly side of Darien street south of Pattison avenue, Philadelphia, Pennsylvania and to transfer that same parcel to the Philadelphia Authority for Industrial Development in fee for nominal consideration. The said parcel is more fully described as follows:

ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected, SITUATE in the Thirty-ninth Ward of the City of Philadelphia, Commonwealth of Pennsylvania, bounded and described in accordance with a Plan of Property made for Acme Markets, Inc. by Lewis C. Jones, Surveyor and Regulator of the Second District, dated June 9, 1964 as follows, to wit:

BEGINNING at a point formed by the intersection of the southerly side of Pattison avenue (one hundred twenty feet wide) and the easterly side of Darien street (eighty-four feet wide); thence extending along the southerly side of Pattison avenue, south seventy-five degrees thirty minutes east 1266.600 feet to a point in the center line of a certain seventeen feet wide railroad right of way; thence extending along the center line of said seventeen feet wide railroad right of way the two following courses and distances: (1) south fourteen degrees thirty minutes west 1165.717 feet to a point of curve; and (2) in a southwesterly direction on an arc of a circle on a line curving to the right, having a radius of three hundred seventy-five feet, an arc distance of 66.206 feet to a point; thence extending south eighty-five degrees fifty-five minutes forty-eight and eight tenths seconds west 1327.466 feet to a point on the easterly side of Darien street; thence extending along the easterly side of Darien street the two following courses and distances: (1) in a northeasterly direction on an arc of a circle on a line curving to the right having a radius of one hundred feet, an arc distance of 22.028 feet to a point of curve; and (2) north fourteen degrees thirty minutes east 1632.477 feet to the first mentioned point and place of BEGINNING.

CONTAINING 41.93699 acres.

TOGETHER with the free, perpetual and uninterrupted right, liberty and privilege to install, maintain and use railroad spur tracks and other track facilities in the following two described strips of land:

THE FIRST THEREOF BEING seventeen feet in width, the center line of which is described as follows: BEGINNING at an interior point, which point is the three following courses and distances measured from the intersection of the southerly side of Pattison avenue and the easterly side of Darien street; (1) commencing at said intersection and extending then along the southerly side of Pattison avenue, south seventy-five degrees thirty minutes east 1266.600 feet to a point; (2) south fourteen degrees thirty minutes west 1165.717 feet to a point of curve and (3) in a southwesterly direction on an arc of a circle on a line curving to the right, having a radius of three hundred seventy-five feet, an arc distance of 66.206 feet to the place of beginning; thence extending from the point of beginning in a southwesterly direction on an arc of a circle on a line curving to the right, having a radius of three hundred seventy-five feet, an arc distance of 215.706 feet to a point on the northerly right of way line of a joint railroad.

AND THE SECOND THEREOF BEING bounded and described as follows:

BEGINNING at a point on the easterly side of Darien street, which point is the two following courses and distances from the point formed by the intersection of the easterly side of Darien street and the southerly side of Pattison avenue; (1) commencing at said point of intersection and extending south fourteen degrees thirty minutes west, along the easterly side of Darien street 1632.477 feet to a point of curve; and (2) still along the easterly side of Darien street in a southwesterly direction on an arc of a circle on a line curving to the left having a radius of one hundred feet an arc distance of 22.028 feet to the point of beginning; thence extending from the point of beginning north eighty-five degrees fifty-five minutes forty-eight and eight-tenths seconds east along the hereinabove described 41.93699 acre tract, five hundred feet to a point; thence extending south four degrees four minutes eleven and two-tenths seconds east one hundred fifty feet to a point on the northerly right of way line of a joint railroad; thence extending along said northerly right of way line south eighty-five degrees fifty-five minutes forty-eight and eight-tenths seconds west eight hundred feet to a point; thence extending north four degrees four minutes eleven and two-tenths seconds west eighty feet to a point; thence extending north eighty-five degrees fifty-five minutes forty-eight and eight-tenths seconds east, crossing the westerly side of Darien street two hundred twenty-five feet more or less to a point on the center line of Darien street; thence extending along the center line of Darien street, north fourteen degrees thirty seconds east seventy-five feet more or less to a point; and thence extending north eighty-five degrees fifty-five minutes forty-eight and eight-tenths seconds east fifty feet more or less to the first mentioned point and place of BEGINNING.

BEING the same premises which Food Distribution Center, a Pennsylvania non-profit corporation by Deed dated June 19, 1996 recorded January 21, 1997 in the County of Philadelphia in Deed Book JTD 205 page 312, granted and conveyed unto National Procurement and Logistics Company, a Delaware corporation, in fee.

AND the said National Procurement and Logistics Company changed its name on July 22, 1996 to American Procurement and Logistics Company, a Delaware corporation.

Section 2. The City Solicitor is hereby authorized to review and to approve all instruments and documents necessary to effectuate this Ordinance, which instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary or appropriate to protect the interests of the City. The City Solicitor is further authorized, if directed by the Commissioner of Public Property, to prepare and file with the appropriate court a Declaration of Taking to acquire by condemnation, the property described by this Ordinance and in that regard to take any action necessary or desirable to effectuate this Ordinance.

End