2013 Pa. Act 63 | Pennsylvania Act 2013-63 — CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES
	Act of Jul. 9, 2013, P.L. 440, No. 63	Cl. 85

An Act

Authorizing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, to grant and convey to Gettysburg Foundation, or its successors or assigns, certain land situate in Gettysburg Borough, Adams County; to grant and convey to the Scranton School District, or its successors or assigns, certain lands situate in the City of Scranton, Lackawanna County; to grant and convey to Redevelopment Authority of the City of Bethlehem, or its successors or assigns, certain land situate in the City of Bethlehem, Lehigh County; and to grant and convey to La Salle University, or its successors or assigns, certain land and improvements situate in the 17th Ward (formerly 49th Ward), City of Philadelphia, Philadelphia County, known as the Ogontz Armory; authorizing the Department of General Services, with the approval of the Governor and the Department of Transportation, to grant and convey to the City of Lock Haven certain lands situate in the City of Lock Haven, Clinton County; authorizing the Department of General Services, with the approval of the Governor, at a price to be determined through a public solicitation for proposals, certain land, buildings and improvements situate in East Allen Township, Northampton County; and authorizing the Department of General Services, with the approval of the Governor, to release restrictive covenants in the City of Hazleton, Luzerne County.

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

Section 1. Land in Gettysburg Borough, Adams 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 the Gettysburg Foundation, or its successors or assigns, the following tract of land together with any buildings, structures or improvements thereon, situate in Gettysburg Borough, Adams County, for $1 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 3.69 acres of land and three buildings, which have an aggregate building area of 17,312 gross square feet, bounded and more particularly described as follows:

ALL THAT CERTAIN tract of land situate in the Borough of Gettysburg, Adams County more particularly bounded and described as follows:

BEGINNING at a point on the East side of West Confederate Avenue at corner of land of Lida J. Hooper's heirs; thence with the East side of said West Confederate Avenue south fifteen and one-half (15 1/2) degrees West, 330 feet to the center of a proposed road; thence with the center of said proposed road East five hundred ten (510) feet, more or less, to said Hooper land; thence along said Hooper lands North 330 feet, more or less, to other lands of Hooper estate; and thence North seventy-two (72) degrees West, 510 feet, more or less, to the place of Beginning.

TOGETHER WITH a Right of Way, not exceeding fifteen (15) feet in width from Ridge Avenue to the lot herein conveyed.

BEING Tax Parcel No. 16-009-117.

BEING the same premises conveyed from Calvin Gilbert, widower, to the Commonwealth of Pennsylvania, by deed dated July 23, 1937 and record August 11, 1937, in Adams County, Pennsylvania, in Deed Book 146, Page 132.

(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. Except as provided in this section, 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. The condition shall be a covenant running with the land and shall be binding upon the grantee, its successors and assigns, except if the grantee conveys title to the Gettysburg Armory to the United States for use of the Gettysburg National Military Park, National Park Service, Department of Interior. Any such conveyance to the United States shall not be under and subject to the provisions of this subsection.

(f) Discretion to Secretary of General Services.--The Secretary of General Services is authorized to convey the property subject to such covenants, conditions or restrictions as may be in the best interests of this Commonwealth.

(g) 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.

(h) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(i) Deposit of proceeds.--The proceeds from the sale shall be deposited in the State Treasury Armory Fund.

(j) 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.

Section 2. Land in the City of Scranton, Lackawanna 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 the Scranton School District, or its successors or assigns, certain lands together with any buildings and improvements thereon, situate in the City of Scranton, Lackawanna County, for $128,000 and under terms and conditions to be established in an agreement of sale.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of two tracts of land containing approximately 1.66 acres of land and improvements located thereon, bounded and more particularly bounded and described as follows:

Tract 1

ALL THAT CERTAIN piece or parcel of land situate in the Tenth Ward of the City of Scranton, Lackawanna County, known and designated as Lots numbers nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), and twenty-four (24), in Block number 193, according to the Lackawanna Iron and Coal Company's plot of lots in the City of Scranton duly recorded in the office of the Recorder of Deeds of Lackawanna County in Map Book 2, pages 14 and 15. Said lots being each Forty Feet (40') in width in front on Arthur Avenue and Forty Feet (40') in width in the rear, and One Hundred Fifty Feet (150') in depth. Together with the privilege of using Ten Feet (10') in front on the side line of Lot number 23 on Gibson Street for yard, vault, porch, piazza, bay-window and cellarway, but for no other purpose. Being also known as Lots no. thirteen (13), fourteen (14), fifteen (15), sixteen (16), seventeen (17), and eighteen (18) in block number 44, according to the assessment map of the Tenth Ward of the City of Scranton.

BEING the same premises conveyed to the Commonwealth of Pennsylvania from T. Linus Hoban and Genevieve Hoban, his wife, by deed, dated June 28, 1956, and recorded in Lackawanna County in Deed Book 539, Page 218.

Tract 2

ALL THAT CERTAIN piece or parcel of land situate in the Tenth Ward of the City of Scranton, County of Lackawanna, bounded and described as follows:

BEING known and designated as Lots No. 7, 8, 9, 10, 11 and 12, in Block No. 193, according to the Lackawanna Iron and Coal Company's Plot of Lots in the City of Scranton, duly recorded in the Office of the Recorder of Deeds of Lackawanna County in Map Book 2, pages 14 and 15. Said lots being each 40 feet in width in front on Colfax Avenue and 40 feet in width in the rear, and 150 feet in depth, together with the privilege of using 10 feet in front of the front line on said Colfax Avenue and 10 feet in front of the side line of Lot No. 12 on Gibson Street for yard, vault, porch, plaza, bay window and cellarway, but for no other purpose.

BEING the same premises conveyed to the Commonwealth of Pennsylvania from the Scranton City Guard Association by deed dated April 18, 1968 and recorded in the Office of Recorder of Deeds of Lackawanna County in Deed Book 655, Page 370.

(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) Deposit of proceeds.--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.

Section 3. Land in the City of Bethlehem, Lehigh 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 the Redevelopment Authority of the City of Bethlehem, or its successors or assigns, certain lands, buildings and improvements situate in the City of Bethlehem, Lehigh County, for $272,000 and under terms and conditions to be established in an agreement of sale.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of two parcels with approximately 1.58 acres of land and one building with 27,258 square feet of space, bounded and more particularly described as follows:

ALL THOSE CERTAIN tracts of land situate in the City of Bethlehem, Lehigh County more particularly bounded and described as follows:

Tract 1

BEGINNING at the point of the intersection of the south street line of Prospect Avenue with the west street line of Second Avenue, thence along the west street line of Second Avenue South 14 degrees 05 minutes West, a distance of 215 feet to a point in other lands of the City of Bethlehem, PA, thence along the property of the City of Bethlehem, PA, North 75 degrees 55 minutes West for a distance of 107.20 feet to other property of the City of Bethlehem, thence partly along the property of the City of Bethlehem and partly along the property now or formerly of Alice T. Boyd North 13 degrees 30 minutes East, 213.90 feet to a point in the south street line of Prospect Avenue, thence along the south street line of Prospect Avenue South 76 degrees 30 minutes East, 109.38 feet to its intersection with the west line of Second Avenue, the point or place of BEGINNING.

CONTAINING 21,612 square feet, more or less.

BOUNDED on the North by Prospect Avenue, on the East by Second Avenue, on the South by the property of the City of Bethlehem, PA, and on the West partly by property of the City of Bethlehem and partly by the property now or formerly of Alice T. Boyd.

Tract 2

BEGINNING at a point, the intersection of the westerly street line of Prospect Avenue with the northerly street line of Filbert Street; thence extending North 75 degrees fifty-four minutes 30 seconds West along the northerly street line of Filbert Street a distance of 242.48 feet to a point; thence extending North 14 degrees 27 minutes East along the easterly street line of Ranch Street a distance of 217.24 feet to a point; thence extending South 76 degrees 30 minutes East along the southerly side of the a twenty-three (23.0) foot wide Private Alley a distance of 132.79 feet to a point; thence extending southwardly and eastwardly along lands now or late of Commonwealth of Pennsylvania, (National Guard Armory), the two (2) following courses and distances, to wit:

(1) South 13 degrees 30 minutes West, a distance of 65.89 feet to a point;

(2) Thence extending South 75 degrees 55 minutes East, a distance of 107.64 feet to a point on the westerly street line of Second Avenue.

Thence extending South 14 degrees 5 minutes West along the westerly street line of Second Avenue a distance of 152.73 feet to a point, being the place of BEGINNING

BOUNDED on the North by a Private Alley and lands now or late of the Commonwealth of Pennsylvania; on the South by Filbert Street, and on the West by Rauch Street.

BEING Tax Parcel Nos. 642747310879 001 and 642747202360 001.

(f) Discretion to Secretary of General Services.--The Secretary of General Services may impose any covenants, conditions or restrictions on the property at settlement as determined to be in the best interests of this Commonwealth.

(g) 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.

(h) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(i) Deposit of proceeds.--The proceeds from the sale shall be deposited in the State Treasury Armory Fund.

(j) 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, within five years of the effective date of this section, the property may be disposed of by competitive bid.

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.

(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.

Section 5. Land in the City of Lock Haven, Clinton County.

(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Transportation, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the City of Lock Haven, certain lands and improvements thereon, being known as the former PA Department of Transportation Clinton County Maintenance Facility, situate in the City of Lock Haven, Clinton County, for $327,500 and under terms and conditions to be established in an agreement of sale.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 2.4105 acres more or less and all improvements thereon, being more particularly bounded and described as follows:

ALL THAT CERTAIN LOT OR PARCEL OF GROUND situate in the City of Lock Haven, County of Clinton, Pennsylvania, bounded and described as follows:

BEGINNING at an iron pin at the southeast corner of Lot No. 102, N/F owned by Charles Farwell, being the northeast corner of Lot No. 104 in Lock Haven Extension, thence south twenty degrees east (S. 20º 00' E.), along the west side of Second Avenue, a distance of five hundred and fifty feet (550.0') to an iron pin at the northwest corner of Second Avenue and Maple Street; thence south seventy degrees west (S. 70º 00' W.), along the north line of Maple Street, a distance of two hundred feet (200.0') to an iron pin at the northeast corner of Maple Street and Third Avenue; thence north twenty degrees west (N. 20º 00' W.), along the east line of Third Avenue, a distance of five hundred feet (500.0') to an iron pin at the property line of N/F Helen H. Byrol, thence north seventy degrees east (N 70º 00' E.), along the southerly property line of N/F Helen H. Byrol, a distance of one hundred feet (100.0') to an iron pin at the southeast corner of Lot No. 178, belonging to N/F Helen H. Byrol; thence north twenty degrees West (N. 20º 00' W.), along the easterly property line of N/F Helen H. Byrol, a distance of fifty feet (50.0') to an iron pin at the southwest corner of Lot No. 103, belonging to N/F Charles Farwell; thence north seventy degrees east (N. 70º 00' E.), along the southerly property line of N/F Charles Farwell, a distance of one hundred feet (100.0') to an iron pin, the POINT OF BEGINNING.

Comprising all of twenty-one lots, numbers one hundred and four (104) to one hundred and fourteen (114) inclusive, also numbers one hundred and seventy-nine (179) to one hundred and eighty-eight (188) inclusive as laid out by J. Franklin Long in what is known as Lock Haven Extension in Allison Township, Clinton County, and containing two and four thousand one hundred and five ten thousandths acres (2.4105) more or less.

BEING the same premises conveyed from J. Franklin Long and Esther M. Long, his wife, to the Commonwealth of Pennsylvania, by deed dated December 17, 1932, and recorded February 20, 1933, in the Clinton County Recorder of Deeds Office, in Deed Book Volume 120, Page 626.

ALSO BEING Tax ID: D-04-0105.

(c) 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.

(d) 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.

(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.

(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(g) Deposit of proceeds.--The proceeds from the sale shall be deposited into the Motor License Fund and shall be used specifically for the demolition of the former Department of Transportation Materials Testing Laboratory located in the City of Harrisburg, Dauphin County, immediately adjacent to the State Street Bridge and Cameron Street.

(h) Alternate disposition.--In the event that this conveyance is not executed pursuant to the terms and conditions as established in an agreement of sale, with the Department of General Services, within 12 months of 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.

Section 6. Conveyance of certain land, buildings and improvements situate in East Allen Township, Northampton County.

(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, at a price to be determined through a public solicitation for proposals, the following tract of land together with any buildings, structures or improvements thereon, situate in East Allen Township, Northampton County.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 18.14 acres of land and improvements located thereon, bounded and more particularly described as follows:

ALL THAT CERTAIN TRACT OF LAND situate in East Allen Township, Northampton County, Pennsylvania, being bounded and described as follows:

BEGINNING at a point at the intersection of the center line of Weaversville Road (SR 3017) and the center line of Colony Drive; thence

(1) N 35º20'50" W along the center line of Weaversville Road (SR 3017) for a distance of 127.53 feet to a point;

(2) N 33º4'30" W along the center line of Weaversville Road (SR 3017) for a distance of 277.49 feet to a point;

(3) N 36º11'04" W along the center line of Weaversville Road (SR 3017) for a distance of 181.18 feet to a point;

(4) N 38º35'58" W along the center line of Weaversville Road (SR 3017) for a distance of 61.01 feet to a point;

(5) N 40º01'40" W along the center line of Weaversville Road (SR 3017) for a distance of 272.92 feet to a point;

(6) S 86º18'05" E along the dividing line between the parcel herein described and lands now or formerly of Northampton County for a distance of 725.29 feet to a point;

(7) thence along the dividing line between the parcel herein described and lands now or formerly of Northampton County through a curve to the left with an arc distance of 602.00 feet, a radius of 1945.10 feet, and a chord bearing of N 84º49'56" E for a distance of 599.60 feet to an iron pin;

(8) S 03º41'50" along the dividing line between the parcel herein described and lands now or formerly of East Allen Township for a distance of 250.63 feet to an iron pin;

(9) N 90º00'00" E along the dividing line between the parcel herein described and lands now or formerly of East Allen Township for a distance of 100.21 feet to an iron pin;

(10) S 03º48'04" E along the dividing line between the parcel herein described and lands now or formerly of East Allen Township and of N/F Paul S. Evans, Jr. for a distance of 491.64 feet to a point on the center line of Colony Drive;

(11) S 89º45'05" W along the center line of Colony Drive for a distance of 921.11 feet to a point on the center line of Weaversville Road (SR 3017), said point being the point of BEGINNING.

CONTAINING 18.14-acres as shown on a subdivision plan of Kurtanich Engineers & Associates, Inc., Hermitage, PA, titled "Final Plan Allentown State Farm", dated March 10, 1997 and revised June 1, 1998, Drawing No. K-97-940-08 and being Parcel VIII on said Final Plan recorded as Instrument No. 1998024534 in the Recorder of Deeds of Northampton County.

UNDER AND SUBJECT TO the rights of a 100 foot easement granted by the Commonwealth of Pennsylvania to East Allen Township by deed, dated September 11, 1995. Said deed recorded January 18, 1996 in the Recorder of Deeds of Northampton County in Deed Book Volume 1996-1, Page 5015. Also having an Instrument Number of 1996001683.

BEING Tax Parcel ID: L5 12 5 0508E.

AND BEING a portion of the same premises conveyed, to the Commonwealth of Pennsylvania, in Deed Book H63, Page 256.

(d) Gaming facility 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 under this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) 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.

(f) Discretion to secretary.--The Secretary of General Services may impose any covenants, conditions, restrictions and/or reservations on the sale of the property as is deemed in the best interests of the Commonwealth.

(g) Deeds.--The deed of conveyance under this section shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(h) Costs and fees.--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. The balance of the proceeds shall be deposited in the General Fund.

Section 7. Release of restrictive covenants in the City of Hazleton, Luzerne County.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to release the restrictive covenants imposed on the Northeastern Pennsylvania Health Corporation, doing business as Hazleton General Hospital under section 3 of the act of July 9, 1986 (P.L.547, No.97), entitled "An act amending the act of April 9, 1929 (P.L.177, No.175), entitled 'An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,' providing for the transfer of Hazleton State General Hospital; authorizing conveyances of State-owned land; and making editorial changes," by the Department of General Services under the authority contained in the act as to the proposed transaction resulting in the change of control of the Hazleton General Hospital and Lehigh Valley Health Network. The restrictive covenants imposed under section 3(k) of the act shall continue to be in effect and bind the Northeastern Pennsylvania Health Corporation, doing business as Hazleton General Hospital, subsequent to its change in control.

(b) Property description.--The restrictions to be released pursuant to subsection (a) are on five tracts of land totaling approximately 13.838 acres, formerly known as the Hazleton State General Hospital, more particularly described as follows:

Tract No. 1

Beginning at the southeasterly corner of the lands conveyed by deed, dated March 14, 1889, from the Lehigh Valley Railroad Company to the Commonwealth of Pennsylvania, being the southeasterly corner of the lands occupied and fenced in by the State Hospital; thence (1) south 28 degrees east 225 feet to a stake and stones; thence (2) south 70 degrees 18 minutes west 803.02 feet to stake and stones; thence (3) north 19 degrees 32 minutes west 225 feet to the southwesterly corner of the land being the southwesterly corner of land conveyed by the above mentioned deed, dated March 14, 1889, being the southwesterly corner of land occupied and fenced in by the State Hospital; thence (4) along the southerly line of lands conveyed by the above mentioned deed dated March 14, 1889, north 70 degrees 28 minutes east 770 feet to the place of beginning.

Containing approximately 4.04 acres.

Being the same premises conveyed to the Trustees of the State Hospital of the Middle Coal Field of Pennsylvania by the Lehigh Valley Coal Company, a Pennsylvania corporation, by deed dated March 9, 1910, and recorded May 10, 1910, in Luzerne County, Pennsylvania, Deed Book 446, Page 240.

Tract No. 2

Being those two certain parcels situated in the City of Hazleton, Luzerne County, bounded and described as follows: Beginning at a corner, the intersection of the easterly side of East Street and the southerly side of Mine Street; thence along the southerly side of Mine Street south 53 degrees east 150 feet, more or less, to a point in the westerly right-of-way line of the Lehigh Valley Railroad Company's so-called "Hospital Branch"; thence along said right-of-way line south 43 degrees 30 minutes west 418 feet to the northerly side of a proposed street; thence along said proposed street north 21 degrees 54 minutes west 30 feet, more or less, to a point in the easterly side of East Street; thence along same north 25 degrees 30 minutes east 406 feet, more or less, to the place of beginning.

Containing approximately 0.82 acre.

Tract No. 3

Beginning at a point, the southeasterly corner of land conveyed to James G. Walker and wife by deed dated June 27, 1950, recorded in Luzerne County in Deed Book 830, Page 171, said point being also in the westerly side of a proposed street; thence along said proposed street south 68 degrees 06 minutes west 400 feet, more or less, to a point, the intersection of the proposed street and the easterly right-of-way line of the Lehigh Valley Railroad Company's so-called "Hospital Branch"; thence along said right-of-way line north 43 degrees 30 minutes east 375 feet, more or less, to a point in lands conveyed to James G. Walker and wife by deed dated September 18, 1951 (not recorded); thence along said Walker lands south 53 degrees east 127 feet, more or less, to the southwesterly corner of said Walker lands first mentioned; thence along same south 22 degrees 30 minutes east 55 feet, more or less, to the place of beginning.

Containing approximately 0.80 acre.

Being the same property conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Coal Company, a Pennsylvania corporation, by deed dated January 29, 1953, and recorded in Luzerne County, Pennsylvania, Deed Book 1191, Page 75.

Tract No. 4

Beginning at a point in the southerly line of Mine Street where the same is intersected by the northwesterly line of lands of Lehigh Valley Railroad Company (formerly occupied by the "Hospital Branch" of the Lehigh Valley Railroad); thence the following seven courses: (1) south 54 degrees east along the said southerly line of Mine Street, a distance of 33 feet to its intersection with the easterly line of East Street; (2) north 36 degrees east along the said easterly line of East Street, a distance of 30 feet to a point; (3) south 54 degrees east through lands of Lehigh Valley Railroad Company, a distance of 32.18 feet to a point in the southeasterly line of lands of the Lehigh Valley Railroad Company; (4) south 44 degrees 33 minutes west along the said southeasterly line of lands of the Lehigh Valley Railroad Company, a distance of 394.347 feet to a point in the northerly line of a proposed street; (5) south 69 degrees 54 minutes west along the said northerly line of said proposed street, a distance of 84.44 feet to a point in the easterly line of another proposed street; (6) north 20 degrees 06 minutes west along the said easterly line of the latter proposed street, a distance of 26.39 feet to a point in the aforesaid northwesterly line of lands of the Lehigh Valley Railroad Company; (7) north 44 degrees 33 minutes east along the said northwesterly line of lands of the Lehigh Valley Railroad Company, a distance of 420 feet to the point or place of beginning.

Containing approximately 0.586 acre.

Being the same premises conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Railroad Company, a Pennsylvania corporation, by deed dated April 27, 1953, and recorded in Luzerne County, Pennsylvania, Deed Book 1203, Page 529.

Tract No. 5

Beginning at a point at a distance of 122.75 feet on a course of south 40 degrees 47 minutes east from the northwest corner of East Street and Juniper Street; thence south 21 degrees 52 minutes east for a distance of 450 feet to a point; thence north 68 degrees 06 minutes east for a distance of 770 feet to a point on the west side of the Susquehanna and Lehigh Turnpike; thence by the west side of the Susquehanna and Lehigh Turnpike north 30 degrees 48 minutes west for a distance of 455.41 feet to a point; thence south 68 degrees 06 minutes west for a distance of 700 feet to the place of beginning.

Containing approximately 7.592 acres.

Being the same premises conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Railroad Company by deed dated March 14, 1889, and recorded April 8, 1907, in Luzerne County, Pennsylvania, Deed Book 439, Page 474.

(c) Execution.--Any legal instruments necessary to release the restrictive covenants referred to under subsection (a) shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(d) Costs and fees.--Any costs and fees incidental to the release of the restrictive covenants shall be borne by the grantee.

Section 8. Effective date.

This act shall take effect as follows:

(1) Section 7 shall take effect October 30, 2013.

(2) The remainder of this act shall take effect immediately.

Pennsylvania Act 2013-63 — CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES

Act text

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