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

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