H1656B2284A03008       JAM:JMM 07/12/07    #90             A03008
                       AMENDMENTS TO HOUSE BILL NO. 1656
                                    Sponsor:  SENATOR SCARNATI
                                           Printer's No. 2284

     1       Amend Title, page 1, line 7, by striking out "AND"
     2       Amend Title, page 1, line 12, by removing the period after
     3    "COUNTY" and inserting
     4    ; and authorizing and directing the Department of General
     5    Services, with the approval of the Governor and the Department
     6    of Military and Veterans Affairs, to grant and convey to the
     7    Borough of Mansfield certain lands situate in the Borough of
     8    Mansfield, Tioga County.

     9       Amend Bill, page 33, by inserting between lines 1 and 2
    10    Section 3.  Conveyance in Mansfield Borough, Tioga County.
    11       (a)  Authorization.--The Department of General Services, with
    12    the approval of the Governor and the Department of Military and
    13    Veterans Affairs, is authorized and directed on behalf of the
    14    Commonwealth of Pennsylvania to grant and convey to the Borough
    15    of Mansfield certain land situate in the Borough of Mansfield,
    16    Tioga County for fair market value as determined by independent
    17    appraisal.
    18       (b)  Description.--The property to be conveyed pursuant to
    19    subsection (a) consists of approximately 1.23 acres and an
    20    armory building bounded and more particularly described as
    21    follows:
    22       BEGINNING at a point at the western edge of the now or late
    23    Erie Railroad Company right-of-way, the Southeast corner of land
    24    of the now or late Mansfield Joint School Authority and the
    25    Northeast corner of land of the now or late Mansfield School
    26    District, the POINT OF BEGINNING; thence South 77 degrees 50
    27    minutes West along lands of the now or late Mansfield School
    28    District, a distance of 273.67 feet to a point, the Southwest
    29    corner hereof; thence North 13 degrees 30 minutes West along
    30    lands of the now or late Mansfield Joint School Authority, a
    31    distance of 252.25 feet to a point, the Northwest corner hereof;
    32    thence North 76 degrees 30 minutes East along lands of the now
    33    or late Mansfield Joint School Authority a distance of 153.00
    34    feet to a point at the western edge of the now or late Erie
    35    Railroad Company right-of-way, the Northeast corner hereof;
    36    thence along the said Railroad Company right-of-way, South 27
    37    degrees 48 minutes East, a distance of 12.00 feet to a point;
    38    thence South 38 degrees 55 minutes East along said Railroad
    39    Company right-of-way, a distance of 272.25 feet to a point, the


     1    place of beginning.
     2       CONTAINING 1.23 acres more or less.
     3       (c)  Easements.--The conveyance shall be made under and
     4    subject to all lawful and enforceable easements, servitudes and
     5    rights of others, including streets, roadways and rights of any
     6    telephone, telegraph, water, electric, gas or pipeline
     7    companies, as well as under the subject to any lawful and
     8    enforceable estates or tenancies vested in third persons
     9    appearing of record, for any portion of the land or improvements
    10    erected on the land.
    11       (d)  Use restriction.--Any conveyance authorized under this
    12    section shall be made under and subject to the condition, which
    13    shall be contained in the deed of conveyance, that no portion of
    14    the property conveyed shall be used as a licensed facility as
    15    defined in 4 Pa.C.S. § 1103 (relating to definitions) or any
    16    other similar type of facility authorized under State law. The
    17    condition shall be a covenant running with the land and shall be
    18    binding upon the Grantee, its successors and assigns. If the
    19    Grantee, its successors or assigns, permits any portion of the
    20    property authorized to be conveyed in this section to be used in
    21    violation of this subsection, the title shall immediately revert
    22    to and revest in the Grantor.
    23       (e)  Deed.--The deed of conveyance shall be by Special
    24    Warranty Deed and shall be executed by the Secretary of General
    25    Services in the name of the Commonwealth of Pennsylvania.
    26       (f)  Costs and fees.--Costs and fees incidental to this
    27    conveyance shall be borne by the Grantee.
    28       (g)  Proceeds.--The proceeds from the conveyance shall be
    29    deposited in the State Treasury Armory Fund.
    30       (h)  Alternate disposition.--In the event that this
    31    conveyance is not executed within 12 months of the effective
    32    date of this section, the property may be sold by the Department
    33    of General Services, with the approval of the Department of
    34    Military and Veterans Affairs, for fair market value as
    35    determined by an independent appraisal.

    36       Amend Sec. 3, page 33, line 2, by striking out "3" and
    37    inserting
    38               4






    G12L90JAM/HB1656A03008           - 2 -