H2496B2947A03980 SFL:CMD 04/11/22 #90 A03980
AMENDMENTS TO HOUSE BILL NO. 2496
Sponsor: REPRESENTATIVE CONKLIN
Printer's No. 2947
Amend Bill, page 1, line 5, by striking out the period after
"County" and inserting
; and authorizing the Department of General Services, with the
approval of the Department of Corrections and the Governor,
to grant and convey to John Bradley Wimer, certain lands,
buildings and improvements situate in the City of Pittsburgh,
Allegheny County.
Amend Bill, page 4, by inserting between lines 8 and 9
Section 2. Conveyance in City of Pittsburgh, Allegheny County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Corrections and the Governor,
is hereby authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey the following tracts of land,
together with any buildings, structures or improvements thereon,
situate in the City of Pittsburgh, Allegheny County, to John
Bradley Wimer for $140,000, under terms and conditions to be
established in an agreement of sale.
(b) Property description.--The property to be conveyed
pursuant to subsection (a) consists of two tracts totaling
approximately 0.16 acre of land, including all buildings,
structures and improvements located thereon, more particularly
described as follows:
ALL THOSE CERTAIN LOTS OR PIECES OF GROUND situate in the
27th Ward of the City of Pittsburgh (formerly 11th Ward of the
City of Allegheny), County of Allegheny, and Commonwealth of
Pennsylvania, being part of Lot No. 20 in Michael Geyer Heirs
Plan No. 2, as the same is recorded in the Recorder's Office of
Allegheny County in Plan Book Volume 19, page 177, being bounded
and described as follows, to wit:
BEGINNING at a point on the Westerly side of Shadeland
(formerly Geyer) Avenue at the dividing line between Lots Nos.
21 and 20 in said plan; thence along said Westerly side of
Shadeland Avenue, South 8 degrees 15 minutes East, a distance of
49.0 feet to a point; thence South 81 degrees 45 minutes West,
and parallel with the dividing line between said Lots Nos. 21
and 20, a distance of 125 feet to a point; thence North 6
degrees 15 minutes West and parallel with said Shadeland Avenue,
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a distance of 49.0 feet to the dividing line between Lots Nos.
21 and 20 in said Plan; and thence North 81 degrees 45 minutes
East, along the dividing line between Lots Nos. 21 and 20, a
distance of 125 feet to the place of beginning.
BEGINNING at a point at the intersection of Lots Nos. 2, 3,
20 and 21 in said Plan said point being distant 142.5 feet
Eastwardly measured along the dividing line between Lots Nos. 2
and 3 in said plan from the Easterly side of McClure Avenue;
thence along the dividing line between Lots Nos. 20 and 21 in
said plan; Eastwardly, 17.5 feet to line of land of Lenore
Schwerd Getty; thence along said land, Southwardly, 49.0 feet to
line of land of Irene Schwerd Fisher; thence along said land,
parallel with the dividing line between Lots Nos. 20 and 21 in
said Plan, Westwardly 17.5 feet to the dividing line between
Lots Nos. 3 and 20 in said Plan; thence along said dividing
line, Northwardly, 49.0 feet to the place of beginning.
THE above two described parcels together make a lot 49 feet,
more or less, fronting on the Westerly side of Shadeland Avenue
and extending back therefrom a uniform width of 49 feet to a
uniform depth of 142.5 feet, and having erected thereon a two
and one-half story brick building on the Easterly portion and a
stucco garage on the Westerly portion thereof, said lot in its
entirety being designated as Block No. 75-D, Lot No. 136 in the
Allegheny County Deed Registry records.
Under and subject to a driveway agreement of an entire width
totaling 7 ½ feet with its center line being the boundary line
of the South side of the lot herein conveyed and the North side
or boundary of land now or formerly owned by I.S. Fisher, as
provided in the said agreement between Irene Schwerd Fisher,
widow, and Lenora Schwerd Getty, also known as Lenore Schwerd
Getty, widow, dated March 15, 1947, and recorded in Allegheny
County Deed Book Volume 2949, at Pate 69.
Being the same premises conveyed by James J. Carson, a single
man, and Margaret Hall-Owens Carson, widow, to the Commonwealth
of Pennsylvania by deed dated June 2,1952 and recorded at the
Office of the Recorder of Deeds of Allegheny County at Deed Book
Volume 3172 Page 709.
BEING Tax Parcel No. 75-D-136.
(c) Conditions.--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) Restriction.--Any conveyance authorized under this
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. § 1103 (relating to definitions), or any
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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 and 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 of conveyance.--The conveyance shall be by special
warranty deed to be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(f) Covenants, conditions and restrictions.--The Secretary
of General Services may impose any covenants, conditions or
restrictions on the property described in subsection (b) at
settlement as determined to be in the best interests of the
Commonwealth.
(g) Alternate disposition.--In the event that the conveyance
authorized herein is not completed within one year after the
effective date of this subsection, the authority to convey the
property to John Bradley Wimer as set forth in subsection (a)
shall expire, and 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) Proceeds.--The proceeds from the sale shall be deposited
into the General Fund.
Amend Bill, page 4, line 9, by striking out "2" and inserting
3
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