Pennsylvania Act 2005-75 — CONVEYANCE - COMMONWEALTH PROPERTY IN BOROUGH OF DOYLESTOWN, BUCKS COUNTY - ADDING RESTRICTIONS

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN BOROUGH OF DOYLESTOWN, BUCKS COUNTY
                          - ADDING RESTRICTIONS
                  Act of Nov. 22, 2005, P.L. 409, No. 75              Cl. 85
                             Session of 2005
                               No. 2005-75

     SB 932

                                  AN ACT

     Amending the act of November 20, 2004 (P.L.886, No.121),
        entitled "An act authorizing and directing the Department of
        General Services, with the approval of the Governor, to grant
        and convey to Erie-Western Pennsylvania Port Authority and to
        Robert L. and Karen N. Doutt, Leona B. Disbrow, Louise F.
        Waller, Mary Schabacker, Paul D. and Mary Ann Brugger, and
        Ralph and Janet Toland, Sr., certain lands situate in the
        City of Erie, County of Erie; authorizing the Department of
        General Services, with the approval of the Governor, to grant
        and convey to Derry Township Municipal Authority a certain
        easement for sanitary sewer purposes, together with an
        existing sanitary sewer line and appurtenances, situate in
        Derry Township, Dauphin County; authorizing and directing the
        Department of General Services, with the approval of the
        Governor, to grant and convey to Summerdale Associates, L.P.,
        certain lands situate in the Township of East Pennsboro,
        County of Cumberland; and authorizing and directing the
        Department of General Services, with the approval of the
        Department of Military and Veterans Affairs and the Governor,
        to grant and convey to the Borough of Doylestown certain
        lands situate in the Borough of Doylestown, Bucks County,"
        further providing for conveyance to the Borough of
        Doylestown, Bucks County.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5 of the act of November 20, 2004
     (P.L.886, No.121), entitled "An act authorizing and directing
     the Department of General Services, with the approval of the
     Governor, to grant and convey to Erie-Western Pennsylvania Port
     Authority and to Robert L. and Karen N. Doutt, Leona B. Disbrow,
     Louise F. Waller, Mary Schabacker, Paul D. and Mary Ann Brugger,
     and Ralph and Janet Toland, Sr., certain lands situate in the
     City of Erie, County of Erie; authorizing the Department of
     General Services, with the approval of the Governor, to grant
     and convey to Derry Township Municipal Authority a certain
     easement for sanitary sewer purposes, together with an existing
     sanitary sewer line and appurtenances, situate in Derry
     Township, Dauphin County; authorizing and directing the
     Department of General Services, with the approval of the
     Governor, to grant and convey to Summerdale Associates, L.P.,
     certain lands situate in the Township of East Pennsboro, County
     of Cumberland; and authorizing and directing the Department of
     General Services, with the approval of the Department of
     Military and Veterans Affairs and the Governor, to grant and
     convey to the Borough of Doylestown certain lands situate in the
     Borough of Doylestown, Bucks County," is amended to read:
      Section 5.  Conveyance to Borough of Doylestown, Bucks County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Department of Military and Veterans Affairs
     and the Governor, is hereby authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey to the Borough
     of Doylestown certain lands and improvements thereon situate in
     the Borough of Doylestown described in subsection (b) for
     $444,000.
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of approximately 0.34 acres
     of land and building bounded and more particularly described as
     follows:
        BEGINNING at a point on the center line of Shewell Avenue;
     thence extending Northeast 42.75 degrees a distance of 148 feet
     to a point; thence extending Southeast 47.25 degrees a distance
     of 100 feet to a point; thence extending Southwest 42.75 degrees
     a distance of 148 feet to the center line of Shewell Avenue;
     thence extending Northwest along the center line of Shewell
     Avenue 47.25 degrees a distance of 100 feet to the point and
     place of BEGINNING.
        CONTAINING 0.34-acres.
        (c)  Conditions.--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)  Restrictions.--Any conveyance authorized under this
     section shall be made under and subject to the following
     conditions, which shall be contained in the deed of conveyance:
            (1)  The property may only be further conveyed to another
        public agency. The conveyance may only be made under terms
        that have been approved in writing by the Department of
        General Services prior to the conveyance. For purposes of
        this paragraph, "public agency" shall mean an agency of the
        Federal, State or local government or a municipal authority.
            (2)  The property shall be used for nonproprietary
        governmental or public purposes only.
            (3)  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.
            (4)  If at any time the property or any portion thereof
        is conveyed in violation of the provisions of paragraph (1)
        or used in violation of the provisions of paragraph (2) or
        (3), the title to the property shall immediately revert to
        and revest in the grantor.
            (5)  These conditions shall be covenants running with the
        land and shall be binding upon the grantee, its successors
        and assigns.
        [(d)] (e)  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.
        [(e)] (f)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        [(f)] (g)  Other disposition.--In the event that this
     conveyance is not executed within [12] 18 months of the
     effective date of this act, the property may be disposed of in
     accordance with section 2406-A of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929.
        [(g)] (h)  Proceeds.--The proceeds from the conveyance shall
     be deposited in the State Treasury Armory Fund.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 22nd day of November, A. D. 2005.

     EDWARD G. RENDELL