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                                                      PRINTER'S NO. 1499

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1196 Session of 2007


        INTRODUCED BY KULA, MAHONEY, TANGRETTI, PETRARCA, SOLOBAY,
           CALTAGIRONE, CARROLL, CREIGHTON, FLECK, GEORGE, GRUCELA,
           HENNESSEY, HESS, MARKOSEK, MILLARD, PHILLIPS, PYLE, SURRA,
           WALKO, HARPER AND KORTZ, MAY 4, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 4, 2007

                                     AN ACT

     1  Authorizing and directing the Department of General Services,
     2     with the approval of the Governor and the Department of
     3     Military and Veterans Affairs, to grant and convey certain
     4     lands situate in the City of Connellsville, Fayette County,
     5     to the City of Connellsville.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Conveyance.
     9     The Department of General Services, with the approval of the
    10  Governor and the Department of Military and Veterans Affairs, is
    11  hereby authorized and directed on behalf of the Commonwealth of
    12  Pennsylvania to grant and convey, for $50,000, and under terms
    13  and conditions to be established in an agreement of sale with
    14  the Department of General Services, the following tract of land,
    15  together with any buildings, structures or improvements thereon,
    16  known as the National Guard Armory, 108 West Washington Avenue,
    17  Connellsville, Fayette County, Pennsylvania, to the City of
    18  Connellsville, described in section 2.


     1  Section 2.  Description.
     2     The property to be conveyed pursuant to section 1 consists of
     3  approximately 0.26-acres, more or less, known as 108 West
     4  Washington Avenue and more particularly bounded and described as
     5  follows:
     6  BEGINNING at the intersection of the northerly line of
     7  Washington Avenue with the easterly line of Aetna Street; thence
     8  south, eighty-nine degrees fifty-five minutes east, ninety-four
     9  feet along said northerly line to the westerly line of an
    10  eighteen foot alley; thence at right angles along said westerly
    11  line of said alley north, no degrees five minutes east, one
    12  hundred twenty-one feet to the southerly line of another
    13  eighteen foot alley; thence at right angles north, eighty-nine
    14  degrees fifty-five minutes west, ninety-four feet along said
    15  southerly line of said last mentioned eighteen foot alley to
    16  said easterly line of Aetna Street; thence at right angles
    17  south, no degrees five minutes west, one hundred twenty-one feet
    18  along said easterly line of Aetna Street to the place of
    19  beginning.
    20  Containing: 0.26-acres, more or less.
    21  Section 3.  Easements and encumbrances.
    22     The conveyance shall be made under and subject to all lawful
    23  and enforceable easements, servitudes and rights of others,
    24  including, but not confined to, streets, roadways and rights of
    25  any telephone, telegraph, water, electric, gas or pipeline
    26  companies, as well as under and subject to any lawful and
    27  enforceable estates or tenancies vested in third persons
    28  appearing of record, for any portion of the land or improvements
    29  erected thereon.
    30  Section 4.  Deed of conveyance.
    20070H1196B1499                  - 2 -     

     1     Any conveyance authorized under this act shall be made under
     2  and subject to the condition, which shall be contained in the
     3  deed of conveyance, that no portion of the property conveyed
     4  shall be used as a licensed facility, as defined in 4 Pa.C.S. §
     5  1103 (relating of definitions), or any other similar type
     6  facility authorized under State law. The condition shall be a
     7  covenant running with the land and shall be binding upon the
     8  grantee, its successors and assigns. Should the grantee, its
     9  successors or assigns permit any portion of the property
    10  authorized to be conveyed in this act to be used in violation of
    11  this subsection, the title shall immediately revert to and
    12  revest in the grantor.
    13  Section 5.  Warranty.
    14     The deed of conveyance shall be by special warranty deed and
    15  shall be executed by the Secretary of General Services in the
    16  name of the Commonwealth of Pennsylvania.
    17  Section 6.  Costs and fees.
    18     Costs and fees incidental to this conveyance shall be borne
    19  by the grantee.
    20  Section 7.  Proceeds of sale.
    21     The proceeds from the sale of the land and buildings shall be
    22  deposited in the State Treasury Armory Fund.
    23  Section 8.  Time limitations.
    24     In the event the conveyance is not executed within six months
    25  of the effective date of this act, the Department of General
    26  Services may dispose of the property for the Department of
    27  Military and Veterans Affairs in accordance with Article 2406-A
    28  of the act of April 9, 1929 (P.L.177, No.175), known as The
    29  Administrative Code of 1929.
    30  Section 9.  Effective date.
    20070H1196B1499                  - 3 -     

     1     This act shall take effect immediately.




















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