H2158B4083A08162 SFL:JSL 06/27/08 #90 A08162 AMENDMENTS TO HOUSE BILL NO. 2158 Sponsor: SENATOR WONDERLING Printer's No. 4083 1 Amend Title, page 1, line 5, by striking out "AND" 2 Amend Title, page 1, line 12, by removing the period after 3 "COUNTY" and inserting 4 ; authorizing the Department of General Services, with the 5 approval of the Governor and the Department of Military and 6 Veterans' Affairs, to grant and convey, at a price to be 7 determined through a competitive bid process, certain lands, 8 buildings and improvements situate in the Borough of Pottstown, 9 Montgomery County; authorizing the Department of General 10 Services, with the approval of the Governor, to grant and 11 convey, at a price to be determined through a competitive bid 12 process, certain lands, buildings and improvements situate in 13 the Township of West Norriton, Montgomery County; authorizing 14 the Department of General Services, with the approval of the 15 Governor, to dedicate, grant and convey to the Strasburg, 16 Lancaster County, Borough Authority, a water main and 17 appurtenances to be constructed by the Department of General 18 Services, together with easements for public water purposes, 19 situate in Strasburg Township, Lancaster County, and to grant 20 such further easements and licenses as may be necessary to 21 provide the Railroad Museum of Pennsylvania with access to 22 public sewer service; authorizing the Department of General 23 Services, with the approval of the Governor and the Department 24 of Transportation, to grant and convey to Parkwood Real Estate 25 Trust LLC, approximately 1.645 acres including a building and 26 all improvements thereon, situate at Parkwood Drive in the City 27 of Allentown and Salisbury Township, Lehigh County; and 28 authorizing the Department of General Services, with the 29 approval of the Governor, to grant and convey to the County of 30 Lackawanna Transit System Authority (COLTS), certain lands 31 situate in the City of Scranton, Lackawanna County, in exchange 32 for a certain tract of land from COLTS situate in the City of 33 Scranton, Lackawanna County. 34 Amend Bill, page 18, by inserting between lines 10 and 11 35 Section 3. Conveyance in Pottstown, Montgomery County. 36 (a) Authorization.--The Department of General Services, with 37 the approval of the Department of Military and Veterans' Affairs 38 and the Governor, is hereby authorized on behalf of the 39 Commonwealth to grant and convey the tract of land described in
1 subsection (b) together with any buildings, structures or 2 improvements thereon, situate in the Borough of Pottstown, 3 Montgomery County, Pennsylvania. The Department of General 4 Services shall sell the property using, in its discretion, one 5 of the following methods of sale: an invitation for sealed bids 6 or public auction. 7 (b) Description of property.--The property to be conveyed 8 pursuant to this section consists of approximately 0.29-acres 9 and a building bounded and more particularly described as 10 follows: 11 ALL THAT CERTAIN tract of land situate in the Borough of 12 Pottstown, Montgomery County more particularly bounded and 13 described according to a Survey thereof made by Ruddach and 14 McCracken, Civil Engineers on March 24, 1906, as follows, to 15 wit: 16 SITUATE on the north side of King Street (Sixty feet wide) at 17 the distance of Ninety five feet Westward from the West side of 18 Charlotte Street (Forty feet wide), containing in front or 19 breadth on the said King Street Eighty-four feet and extending 20 of that width in length or depth Northward between lines at 21 right angles to the said King Street, One hundred and fifty 22 feet. 23 CONTAINING 0.29-acres more or less. 24 BEING the same premises conveyed by Margaret E. Lee, 25 Surviving Executrix, to Mary J. Lee Fretz, by deed dated April 26 25, 1894, and recorded in the Montgomery County Recorder of 27 Deeds Office, in Deed Book No. 403, Page 90. 28 BEING the same property conveyed to the Commonwealth of 29 Pennsylvania, from Mary J. Lee Fretz, widow, by deed dated April 30 12, 1906 and recorded in the Montgomery County Recorder of Deeds 31 Office, in Deed Book 554, Page 140. 32 (c) Conditions of conveyance.--The conveyance shall be made 33 under and subject to all lawful and enforceable easements, 34 servitudes and rights of others, including, but not confined to 35 streets, roadways and rights of any telephone, telegraph, water, 36 electric, gas or pipeline companies, as well as under and 37 subject to any lawful and enforceable estates or tenancies 38 vested in third persons appearing of record, for any portion of 39 the land or improvements erected thereon. 40 (d) Deed of conveyance.--The deed of conveyance shall be by 41 Special Warranty Deed and shall be executed by the Secretary of 42 General Services in the name of the Commonwealth. 43 (e) Deposit of proceeds.--The proceeds from the sale shall 44 be deposited in the State Treasury Armory Fund. 45 Section 4. Conveyance in West Norriton, Montgomery County. 46 (a) Authorization.--The Department of General Services, with 47 the approval of the Governor, is hereby authorized on behalf of 48 the Commonwealth to grant and convey, at a price to be 49 determined through competitive bidding, the tract of land 50 described in subsection (b) together with any buildings, 51 structures or improvements thereon, situate in the Township of 52 West Norriton, Montgomery County, Pennsylvania. 53 (b) Description of property.--The property to be conveyed 54 pursuant to this section consists of approximately 0.28-acres 55 and building bounded and more particularly described as follows: 56 ALL THAT CERTAIN lot or parcel of land being Parcel No. 63- 57 00-09103-00-5 situate in the Township of West Norriton, County 58 of Montgomery, more commonly known as 174 N. Whitehall Road, 59 West Norriton Township, Montgomery County, Pennsylvania. HB2158A08162 - 2 -
1 BEING a portion of the lands conveyed to the Commonwealth of 2 Pennsylvania by John W. Cullen and Betty C. Cullen, and recorded 3 in Montgomery County Deed Book 1944, Page 176. 4 (c) Conditions of conveyance.--The conveyance shall be made 5 under and subject to all lawful and enforceable easements, 6 servitudes and rights of others, including but not confined to 7 streets, roadways and rights of any telephone, telegraph, water, 8 electric, gas or pipeline companies, as well as under and 9 subject to any lawful and enforceable estates or tenancies 10 vested in third persons appearing of record, for any portion of 11 the land or improvements erected thereon. 12 (d) Deed of conveyance.--The deed of conveyance shall be by 13 Special Warranty Deed and shall be executed by the Secretary of 14 General Services in the name of the Commonwealth of 15 Pennsylvania. 16 (e) Deposit of proceeds.--The proceeds from the sale shall 17 be deposited in the General Fund. 18 Section 5. Water main and easements in Strasburg Township, 19 Lancaster County. 20 (a) Authorization.--The Department of General Services, with 21 the approval of the Governor, is hereby authorized on behalf of 22 the Commonwealth of Pennsylvania to dedicate, grant and convey 23 to the Strasburg, Lancaster County, Borough Authority, for $1, a 24 water main and appurtenances to such water main to be 25 constructed by the Department of General Services as part of 26 Project No. DGS 980-6, together with such easements as may be 27 necessary for purposes of the operation, maintenance, repair and 28 replacement of such water main and appurtenances, over, through, 29 and in certain property constituting, or adjacent to, the 30 grounds of the Railroad Museum of Pennsylvania, as described in 31 subsection (b). 32 (b) Description of easement.--Pursuant to subsection (a): 33 (1) The Department of General Services is authorized to 34 grant to the Strasburg, Lancaster County, Borough Authority a 35 permanent easement, not to exceed 25 feet in width, over, 36 through, and in the real property constituting the grounds of 37 the Railroad Museum of Pennsylvania, consisting of the real 38 property acquired by the General State Authority pursuant to 39 deeds recorded at the Office of the Recorder of Deeds of 40 Lancaster County at Record Book W, Volume 56, Page 212, 41 Record Book O, Volume 60, Page 527, and Record Book D, Volume 42 57, Page 123. 43 (2) The Department of General Services is further 44 authorized to transfer, convey or assign to the Strasburg, 45 Lancaster County, Borough Authority any easement acquired by 46 the Department of General Services as part of Project No. DGS 47 980-6 for purposes of the construction, operation, 48 maintenance, repair, and replacement of the water main and 49 appurtenances. 50 (3) All of the above described easements to be used for 51 purposes of the operation, maintenance, repair, and 52 replacement of the water main and appurtenances to be 53 constructed by the Department of General Services as part of 54 Project No. DGS 980-6. 55 (c) Execution of deed.--Any deed or other conveyance 56 document executed pursuant to this section shall be executed by 57 the Secretary of General Services in the name of the 58 Commonwealth of Pennsylvania. 59 (d) Covenant to repair.--Any deed conveying an easement HB2158A08162 - 3 -
1 over, through, and in the grounds of the Railroad Museum of 2 Pennsylvania shall contain a covenant requiring the grantee to 3 repair, to the satisfaction of the Commonwealth of Pennsylvania, 4 any damage to the easement area caused by the Grantee's 5 operation, maintenance, repair or replacement of said water main 6 and appurtenances. 7 (e) Easements or licenses for public sewer service.--The 8 Department of General Services is further authorized to transfer 9 and convey, with the approval of the Governor, any easements or 10 licenses necessary to provide the Railroad Museum of 11 Pennsylvania with access to public sewer service. Access to 12 public sewer service may be provided by means of a connection to 13 privately owned sewer facilities. 14 (f) Costs and fees.--Costs and fees incidental to the 15 conveyances authorized by subsection (a) shall be borne by the 16 Commonwealth of Pennsylvania. 17 Section 6. Conveyance in City of Allentown and Salisbury 18 Township, Lehigh County. 19 (a) Authorization.--The Department of General Services, with 20 the approval of the Governor and the Department of 21 Transportation, is hereby authorized on behalf of the 22 Commonwealth of Pennsylvania to grant and convey to Parkwood 23 Real Estate Trust LLC, approximately 1.645 acres including a 24 building and all improvements thereon, as described in 25 subsection (b), for $805,000, in accordance to an Agreement of 26 Sale dated September 12, 2007, with the Department of General 27 Services, the Department of Transportation and Parkwood Real 28 Estate Trust LLC. 29 (b) Property description.--The property to be conveyed, 30 pursuant to subsection (a) consists of approximately 1.645 31 acres, building and improvements, more particularly described as 32 follows as shown on a plan titled "Plan Showing Property Of The 33 Commonwealth Of Pennsylvania - Department Of Transportation, 34 Located in City of Allentown and Salisbury Township, Lehigh 35 County, PA," dated November 6, 2007, bearing File No. S-11018, 36 as prepared by The Pidcock Company, Civil Engineering and Land 37 Planning - Architecture - Land Surveying, Oxford Drive at Fish 38 Hatchery Road, Allentown, Pennsylvania: 39 Beginning at the intersection of the northerly legal right- 40 of-way line for limited access for Pennsylvania State Route 0078 41 (variable width) with the westerly legal right-of-way line for 42 Pennsylvania State Route 2007, also known as Oxford Drive (60.00 43 feet wide), and in line of lands of the Commonwealth of 44 Pennsylvania, Department of Transportation; thence along the 45 northerly legal right-of-way line for limited access for 46 Pennsylvania State Route 0078 the seven following courses: (1) N 47 53 degrees 34 minutes 02 seconds W 58.25 feet to a point, (2) S 48 77 degrees 23 minutes 12 seconds W 210.41 feet to a point, (3) S 49 05 degrees 05 minutes 09 seconds W 22.50 feet to a point, (4) N 50 84 degrees 29 minutes 51 seconds W 275.01 feet to a point, (5) N 51 05 degrees 05 minutes 09 seconds E 14.50 feet to a point, (6) N 52 30 degrees 27 minutes 07 seconds W 43.01 feet to a point, and 53 (7) N 83 degrees 51 minutes 55 seconds W 50.84 feet to a 54 concrete monument in line of lands of Parkwood Real Estate Trust 55 LLC; thence (8) along lands of the Parkwood Real Estate Trust 56 LLC, N 39 degrees 54 minutes 00 seconds E 109.25 feet to a 57 concrete monument in the southerly property line of Parkwood 58 Drive (a private road); continuing along lands of the Parkwood 59 Real Estate Trust LLC and along the southerly property line of HB2158A08162 - 4 -
1 Parkwood Drive the eight following courses: (9) on a curve to 2 the left having a radius of 60.00 feet (delta 118 degrees 48 3 minutes 33 seconds, tangent 101.47 feet, chord N 70 degrees 30 4 minutes 09 seconds E 103.29 feet) for an arc distance of 124.42 5 feet to a point of reverse curvature, (10) on a curve to the 6 right having a radius of 20.00 feet (delta 82 degrees 49 minutes 7 09 seconds, tangent 17.64 feet, chord N 52 degrees 30 minutes 27 8 seconds E 26.46 feet) for an arc distance of 28.91 feet to a 9 point of tangency, (11) S 86 degrees 04 minutes 58 seconds E 10 81.93 feet to a point of curvature, (12) on a curve to the right 11 having a radius of 175.00 feet (delta 30 degrees 00 minutes 00 12 seconds, tangent 46.89 feet, chord S 71 degrees 04 minutes 58 13 seconds E 90.59 feet) for an arc distance of 91.63 feet to a 14 point of tangency, (13) S 56 degrees 04 minutes 58 seconds E 15 101.82 feet to a point of curvature, (14) on a curve to the left 16 having a radius of 150.00 feet (delta 27 degrees 30 minutes 00 17 seconds, tangent 36.70 feet, chord S 69 degrees 49 minutes 58 18 seconds E 71.31 feet) for an arc distance of 71.99 feet to a 19 point of tangency, (15) S 83 degrees 34 minutes 58 seconds E 20 40.41 feet to a point of curvature, and (16) on a curve to the 21 right having a radius of 44.00 feet (delta 60 degrees 00 minutes 22 00 seconds, tangent 25.40 feet, chord S 53 degrees 34 minutes 58 23 seconds E 44.00 feet) for an arc distance of 46.08 feet to a 24 point of tangency in the westerly right-of-way line of 25 Pennsylvania State Route 2007; thence (17) along the westerly 26 right-of-way line of Pennsylvania State Route 2007, S 23 degrees 27 34 minutes 58 seconds E 40.32 feet to the point of beginning. 28 CONTAINING 1.645 acres or 71,652 Square Feet. 29 (c) Conditions.--The conveyance shall be made under and 30 subject to all lawful and enforceable easements, servitudes and 31 rights of others, including but not confined to streets, 32 roadways and rights of any telephone, telegraph, water, 33 electric, gas or pipeline companies, as well as under and 34 subject to any lawful and enforceable estates or tenancies 35 vested in third persons appearing of record, for any portion of 36 the land or improvements erected thereon. 37 (d) Land restrictions.--Any conveyance authorized under this 38 act shall be made under and subject to the condition, which 39 shall be contained in the deed of conveyance, that no portion of 40 the property conveyed shall be used as a licensed facility, as 41 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any 42 other similar type of facility authorized under State law. The 43 condition shall be a covenant running with the land and shall be 44 binding upon the Grantee, its successors and assigns. Should the 45 Grantee, its successors or assigns, permit any portion of the 46 property authorized to be conveyed in this act to be used in 47 violation of this subsection, the title shall immediately revert 48 to and revest in the Grantor. 49 (e) Deed of conveyance.--The deed of conveyance shall be 50 executed by the Secretary of General Services in the name of the 51 Commonwealth of Pennsylvania. 52 (f) Deposit of proceeds.--Proceeds from this conveyance 53 shall be deposited in the Motor License Fund. 54 (g) Costs and fees.--Costs and fees incidental to this 55 conveyance shall be borne by the Grantee. 56 (h) Disposal.--In the event that this conveyance is not 57 executed in accordance with the Agreement of Sale, the property 58 may be disposed of in accordance with section 2003 of act of 59 April 9, 1929 (P.L.177, No.175), known as The Administrative HB2158A08162 - 5 -
1 Code of 1929. 2 Section 7. Conveyance in City of Scranton, Lackawanna County. 3 (a) Authorization.--The Department of General Services, with 4 the approval of the Governor, is hereby authorized on behalf of 5 the Commonwealth of Pennsylvania to grant and convey to the 6 County of Lackawanna Transit System Authority (hereinafter 7 COLTS) certain lands situate in the City of Scranton, Lackawanna 8 County, in exchange for a certain tract of land from COLTS 9 situate in the City of Scranton, Lackawanna County. 10 (b) Description.--The property to be conveyed to COLTS under 11 subsection (a) consists of approximately 2.52 acres of land and 12 improvements thereon bounded and more particularly described as 13 follows: 14 LOT 1A 15 BEGINNING at a 3/4 inch iron pin, the intersection of the 16 southeasterly right-of-way line of Cliff Street with the 17 southwesterly right-of-way line of Lackawanna Avenue as shown on 18 a plan titled, "The Commonwealth of Pennsylvania - Department of 19 General Services - RD 1216 Pg 289 - Minor Subdivision" dated 20 July, 2005 and prepared by Acker Associates, Inc.; 21 Thence along said line of Lackawanna Avenue South 51 degrees 28 22 minutes 04 seconds East four hundred seventy-one and five 23 hundredths (471.05 feet) feet to a point in line of lands of 24 Scranton Mall Associates; 25 Thence along said lands South 38 degrees 37 minutes 01 second 26 West one hundred three and one hundredth (103.01 feet) feet to a 27 point in line of lands of Lackawanna County Rail Authority; 28 Thence along said lands of Lackawanna County Rail Authority the 29 following four (4) courses and distances: 30 1. South 70 degrees 49 minutes 56 seconds West five and 31 ninety-three hundredths (5.93 feet) feet to a point, 32 2. North 88 degrees 44 minutes 38 seconds West fifty-seven 33 and seventy-nine hundredths (57.79 feet) feet to a point 34 of curvature, 35 3. along a curve to the right having a radius of nine 36 hundred eighty-eight and thirty-one hundredths (988.31 37 feet) feet for an arc length of three hundred sixty-one 38 and fifty-one hundredths (361.51 feet) feet (chord 39 bearing and distance being North 68 degrees 51 minutes 46 40 seconds West 359.50 feet) to a point of tangency, and 41 4. North 53 degrees 36 minutes 54 seconds West eighty and 42 seven hundredths (80.07 feet) feet to a point on the 43 southeasterly right-of-way line of Cliff Street; 44 Thence along said line of Cliff Street North 38 degrees 49 45 minutes 51 seconds East two hundred fifty-three and five tenths 46 (253.50 feet) feet to the point of BEGINNING. 47 CONTAINING 2.24 acres of land being the same, more or less. 48 LOT 1B 49 BEGINNING at a 5/8 inch rebar on the southeasterly right-of-way 50 line of Cliff Street, said point also being a common corner of 51 lands the National Park Service and Lot 1B as shown on a plan 52 titled, "The Commonwealth of Pennsylvania - Department of 53 General Services - RB 1216 Pg 289 - Minor Subdivision" dated 54 July, 2005 and prepared by Acker Associates, Inc.; 55 Thence along said line of Cliff Street North 38 degrees 49 56 minutes 51 seconds East thirty-nine and twenty-six hundredths 57 (39.26 feet) feet to a point in line of Lackawanna County Rail 58 Authority; 59 Thence along said lands of Lackawanna County Rail Authority the HB2158A08162 - 6 -
1 following two (2) courses and distances: 2 1. South 51 degrees 32 minutes 09 seconds East one and 3 forty-eight and thirty-nine hundredths (148.39 feet) feet 4 to a point, and 5 2. South 66 degrees 46 minutes 09 seconds East fifty-five 6 and twenty-six hundredths (55.26 feet) feet to a point; 7 Thence along Lot 2 the following three (3) courses and 8 distances: 9 1. South 25 degrees 41 minutes 58 seconds West eleven and 10 fifty-nine hundredths (11.59 feet) feet to a point, 11 2. South 39 degrees 59 minutes 28 seconds West fifty-eight 12 and five hundredths (58.05 feet) feet to a point, and 13 3. South 48 degrees 45 minutes 01 second West twenty-two and 14 ninety-five hundredths (22.95 feet) feet to a point in 15 line of lands of the National Park Service; 16 Thence along said lands of the National Park Service North 40 17 degrees 40 minutes 45 seconds West two hundred two and five 18 tenths (202.50 feet) feet to the point of BEGINNING. 19 CONTAINING 12,315 square feet (0.28 acres) of land being the 20 same, more or less. 21 (c) Exchange.--The conveyance authorized by subsection (b) 22 shall be in exchange for the conveyance, by special warranty 23 deed, from COLTS, to the Commonwealth of Pennsylvania, acting by 24 and through its Department of General Services, of all that 25 certain piece or parcel of land situate in the City of Scranton, 26 Lackawanna County, Pennsylvania, bounded and described as 27 follows: 28 All that certain lot, piece or parcel of land situate in the 29 8th Ward, City of Scranton, County of Lackawanna and State of 30 Pennsylvania, bounded and described as follows: 31 Beginning at a point located on the northeasterly side of 32 Lackawanna Avenue, said point being also located by a bearing of 33 N 39 degrees 00 minutes W, and a distance of 138.0 feet as 34 measured along the northeasterly side of Lackawanna Avenue from 35 its intersection with the northwesterly right-of-way line of the 36 D.L. & W. R.R.; thence, along the line of Lackawanna Avenue N 39 37 degrees 00 minutes W, 294.52 feet to a point of intersection 38 with a curve measured radially 100 feet from the center line of 39 the D. & H. R.R. Co.; thence on a curve to the left parallel to 40 the center line of said D. & H. R.R. and 100 feet therefrom, 41 said curve having a radius of 750.14 feet and length of 867.02 42 feet with a long chord bearing and distance of N 71 degrees 01 43 minute E, 819.55 feet to a point; thence S 39 degrees 00 minutes 44 E, 45.04 feet to a point on the northwesterly right-of-way line 45 of the D.L. & W. R.R.; thence along said right-of-way the 46 following two courses and distances (1) on a curve to the right, 47 having a radius of 4,037.11 and length of 278.15 and a long 48 chord bearing and distance of a 31 degrees 32 minutes W, 278.10 49 feet and (2) S 47 degrees 38 minutes W, 208.68 feet to a corner 50 of other lands of the S.R.A.; thence along lands of said S.R.A., 51 the following two courses and distances (1) N 39 degrees 00 52 minutes W, 136.0 feet and (2) S 51 degrees 00 minutes W, 300.0 53 feet to the place of beginning. 54 Containing 2.277 acres of land more or less as surveyed by 55 John R. Hennemuth, Registered Civil Engineer. 56 Parcel 18-A 57 All that certain lot, piece or parcel of land situate in the 58 8th Ward, City of Scranton, County of Lackawanna and State of 59 Pennsylvania, bounded and described as follows: HB2158A08162 - 7 -
1 Beginning at a point located on the northeasterly side of 2 Lackawanna Avenue, said point being also located by a bearing of 3 N 39 degrees 00 minutes W and a distance of 138.00 feet as 4 measured along the northeasterly side of Lackawanna Avenue from 5 its intersection with the northwesterly right-of-way line of the 6 D. L. & W. R.R., said point being also common to a corner of 7 Parcel 18 of the S.R.A. as shown on drawing D-14-72 by John R. 8 Hennemuth, P.E.; thence along the line of parcel 18, N 51 9 degrees 00 minutes E, 300 feet to a corner; thence still along 10 the line of Parcel 18, S 39 degrees 00 minutes E, 6.0 feet to a 11 corner; thence over and across other lands of the S.R.A., S 51 12 degrees 00 minutes W, 300.0 feet to a point on the northeasterly 13 side of Lackawanna Avenue; thence along the side of said Avenue 14 N 39 degrees 00 minutes W, 6.0 feet to the place of beginning. 15 Containing 0.041 acres of land and shown as Parcel 18-A on 16 drawing B-22-72 by John R. Hennemuth, Registered Civil Engineer. 17 CONTAINING 2.318 acres, more or less. 18 The conveyance described in this section shall be made under 19 and subject to all lawful and enforceable easements, servitudes 20 and rights of others, including, but not confined to, streets, 21 roadways and rights of any telephone, telegraph, water, 22 electric, gas or pipeline companies, as well as under and 23 subject to any lawful and enforceable estates or tenancies 24 vested in third persons appearing of record, for any portion of 25 the land or improvements erected thereon. 26 (d) Easements.--The conveyance described in subsection (b) 27 shall be made under and subject to all lawful and enforceable 28 easements, servitudes and rights of others, including, but not 29 confined to, streets, roadways and rights of any telephone, 30 telegraph, water, electric, gas or pipeline companies, as well 31 as under and subject to any lawful and enforceable estates or 32 tenancies vested in third persons appearing of record, for any 33 portion of the land or improvements erected thereon. 34 (e) Special warranty deed.--The conveyance described in 35 subsection (b) shall be by special warranty deed and shall be 36 executed by the Secretary of General Services in the name of the 37 Commonwealth of Pennsylvania. 38 (f) Covenants.--Any conveyance authorized under subsection 39 (b) shall be made under and subject to the condition, which 40 shall be contained in the deed of conveyance, that no portion of 41 the property conveyed shall be used as a licensed facility, as 42 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any 43 other similar type of facility authorized under the laws of this 44 Commonwealth. The condition shall be a covenant running with the 45 land and shall be binding upon the grantee, its successors and 46 assigns. Should the grantee, its successors or assigns permit 47 any portion of the property authorized to be conveyed in this 48 section to be used in violation of this section, the title shall 49 immediately revert to and revest in the grantor. 50 (g) Costs and fees.--All costs and fees incidental to the 51 conveyance authorized by this act shall be borne by the grantee. 52 (h) Voidance.--In the event that the conveyance is not 53 executed by May 16, 2010, the authorization contained in this 54 section shall become null and void. 55 Amend Sec. 3, page 18, line 11, by striking out "3" and 56 inserting HB2158A08162 - 8 -
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