Pennsylvania Act 2009-35 — CONVEYANCE - COMMONWEALTH PROPERTY IN POTTSVILLE, SCHUYLKILL COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN POTTSVILLE, SCHUYLKILL COUNTY
                  Act of Aug. 11, 2009, P.L. 300, No. 35              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Department of
        Military and Veterans Affairs, to grant and convey to the
        Schuylkill YMCA certain lands and a building situate in the
        City of Pottsville, Schuylkill County.

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

     Section 1.  Conveyance in Pottsville, Schuylkill 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 and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey, to the
     Schuylkill YMCA, certain lands and a building situate in the
     City of Pottsville, Schuylkill County for $160,000.
        (b)  Property description.--The property to be conveyed
     pursuant to this section consists of approximately 0.33 acres,
     and an armory building bounded, and more particularly described
     as follows:
        BEGINNING at a stake in the eastern building line of North
     Centre Street at the northwest corner of Lot Number Fourteen
     (14) in accordance with the plan of R. S. Bashore's lots dated
     February 1907, and made by A. B. Cochrane & Son, Engineers;
     thence at right angles to Centre Street eastwardly along the
     dividing line between Lots Numbers Thirteen (13) and Fourteen
     (14) for a distance of one hundred and thirty-five (135) feet
     and eleven and three-quarter (11 3/4) inches to the right of way
     of the Philadelphia & Reading Railway Company; thence
     southwardly along said right of way a distance of one hundred
     (100) feet and five (5) inches to the southeast corner of Lot
     Number Eighteen (18) as per said aforementioned plan; thence
     westwardly along the dividing line between Lots Numbers Eighteen
     (18) and Nineteen (19) to a stake in the eastern building line
     of Center Street a distance of one hundred and forty-five (145)
     feet and three (3) inches; thence northwardly along said eastern
     building line of Centre Street one hundred (100) feet to the
     place of BEGINNING.
        CONTAINING 0.33 Acres.
        BEING the same property conveyed to the Commonwealth of
     Pennsylvania by Robert S. Bashore and May B. Bashore, his wife,
     by deed dated March 14, 1912 and recorded in the Schuylkill
     County Recorder of Deeds Office in Deed Book 359, Page 103.
        (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)  Restriction on use.--The 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 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 in the State Treasury Armory Fund.
        (h)  Alternate disposition.--In the event that this
     conveyance is not executed within six months of the effective
     date of this section, 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.
     Section 2.  Effective date.
        This act shall take effect immediately.