PRINTER'S NO. 1391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1054
Session of
2015
INTRODUCED BY WARD, NOVEMBER 10, 2015
REFERRED TO STATE GOVERNMENT, NOVEMBER 10, 2015
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor, to grant and convey to ACMIII, LP,
certain lands of the Commonwealth of Pennsylvania situate in
Derry Township, Westmoreland County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Derry Township, Westmoreland 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 to ACMIII,
LP certain lands, and any improvements located thereon, situate
in Derry Township, Westmoreland County, for $36,000.00 and under
terms and conditions to be established in an Agreement of Sale
with the Department of General Services.
(b) Property description.--The property to be conveyed
pursuant to this section consists of a tract of land totaling
11.40 acres more or less, and any improvements thereon, bounded
and more particularly described as follows:
ALL THAT CERTAIN LOT OR PIECE OF LAND situate in Derry
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Township, County of Westmoreland, described as follows, to wit:
BEGINNING at a point in Torrance Road where said point is at
the intersection of Parcel 3 and Parcel 4 of the lands of N/F
ACM III LP, thence from said point of beginning, South 18
degrees 35 minutes 13 seconds West, a distance of 1632.45 feet
to a point being the most northerly point of said parcel being
the true place of beginning, thence from said point and through
lands of ACM III LP Parcel 3, South 44 degrees 44 minutes 12
seconds East, a distance of 554.39 feet to an iron pin, thence
by same, South 31 degrees 54 minutes 59 seconds West, a distance
of 815.16 feet to an iron pin, thence by same, North 51 degrees
06 minutes 59 seconds West, a distance of 635.61 feet to an iron
pin, thence by same, North 37 degrees 56 minutes 51 seconds
East, a distance of 870.86 feet to an iron pin being the place
of beginning.
CONTAINING: 11.40-acres more or less.
BEING Tax Parcel No. 45-18-00-0-074.
ALSO BEING the same premises conveyed by H. C. Frick Co. to
the Commonwealth of Pennsylvania by deed, dated July 27, 1920,
and recorded in the Recorder of Deeds Office of the County of
Westmoreland in Deed Book 704, Page 343.
(c) 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.
(d) Prohibited use.--Any conveyance authorized under this
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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. ยง 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.--Costs and fees incidental to this conveyance
shall be borne by the Grantee.
(g) Alternate disposition.--In the event that the Department
of General Services and the Grantee cannot reach a mutually
acceptable agreement of sale within one year from 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.
(h) Deposit of proceeds.--Proceeds from the sale shall be
deposited into the General Fund.
Section 2. Effective date.
This act shall take effect immediately.
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