SENATE AMENDED
        PRIOR PRINTER'S NO. 2254                      PRINTER'S NO. 3361

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1720 Session of 1974


        INTRODUCED BY MESSRS. O'BRIEN AND O'CONNELL, JANUARY 3, 1974

        SENATOR NOLAN, STATE GOVERNMENT, IN SENATE, AS AMENDED,
           JUNE 12, 1974

                                     AN ACT

     1  Authorizing the Department of Property and Supplies, with the
     2     approval of the Governor and the Department of Military
     3     affairs, to sell and convey to the City of Wilkes-Barre,
     4     County of Luzerne, Commonwealth of Pennsylvania, a tract of
     5     land situate therein AND PROVIDING FOR A REVERSION UNDER       <--
     6     CERTAIN CIRCUMSTANCES.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The Department of Property and Supplies, with the
    10  approval of the Governor and the Department of Military Affairs,
    11  is hereby authorized on behalf of the Commonwealth of
    12  Pennsylvania, to sell for a consideration of one dollar ($1) to
    13  the City of Wilkes-Barre, the following described tract of land,
    14  situate in the City of Wilkes-Barre, County of Luzerne,
    15  Commonwealth of Pennsylvania, bounded and described as follows:
    16     Beginning at a point in the southwesterly right-of-way line
    17  of Market Street, said point being further described as the most
    18  easterly corner of the Pennsylvania State Armory Board lands and
    19  the most northerly corner of Kirby Park lands; thence along the


     1  dividing line between the Pennsylvania State Armory lands and
     2  Kirby Park lands south 53 degrees 39 minutes west, 1064.90 feet
     3  to a point in the northeasterly right-of-way line of Northampton
     4  Street; thence along said right-of-way line north 36 degrees 21
     5  minutes west, 10.00 feet to a point; thence through lands of the
     6  Pennsylvania State Armory Board north 53 degrees 39 minutes
     7  east, 1064.90 feet to a point in the southwesterly right-of-way
     8  line of Market Street; thence along said right-of-way south 36
     9  degrees 21 minutes east, 10.00 feet to the place of beginning.
    10  Containing 10,649 square feet.
    11     Being a part of the same premises conveyed to the
    12  Commonwealth of Pennsylvania by deed of the City of Wilkes-Barre
    13  dated October 6, 1922 and recorded November 16, 1922 in Luzerne
    14  County Deed Book, Volume 573, at page 231.
    15     The conveyance shall be made under and subject, nevertheless,
    16  to all easements, servitudes and rights of others, including but
    17  not confined to streets, roadways and rights of any telephone,
    18  telegraph, water, electric, gas or pipeline companies as well as
    19  under and subject, nevertheless, to any estate or tenancies
    20  vested in third persons whether or not appearing of record for
    21  any portion of the said land or improvements erected thereon.
    22     SECTION 2.  THE CONVEYANCE SHALL BE EXECUTED FOR THE PUBLIC    <--
    23  PURPOSE OF CREATING A MAIN ACCESS ROAD TO THE PUBLIC PARK RUNOFF
    24  OF MARKET STREET. IF AT ANY TIME THE CITY OF WILKES-BARRE USES
    25  THIS PROPERTY FOR ANY PURPOSE OTHER THAN A PUBLIC PURPOSE, THE
    26  PROPERTY SHALL REVERT BACK TO THE COMMONWEALTH.
    27     Section 2 3.  The deed of conveyance shall be approved by the  <--
    28  Department of Justice and shall be executed by the Secretary of
    29  Property and Supplies in the name of the Commonwealth of
    30  Pennsylvania.
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     1     Section 3 4.  This act shall take effect immediately.          <--




















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