HOUSE AMENDED
        PRIOR PRINTER'S NO. 137                       PRINTER'S NO. 1402

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 137 Session of 1979


        INTRODUCED BY MELLOW, FEBRUARY 6, 1979

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, DECEMBER 3, 1979

                                     AN ACT

     1  Authorizing and directing the Department of General Services,
     2     with the approval of the Governor, to convey to the Scranton
     3     Primary Health Care Center, Inc., a certain parcel of land
     4     together with a building erected thereon, situate in the City
     5     of Scranton, County of Lackawanna, Pennsylvania.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The Department of General Services, with the
     9  approval of the Governor AND THE DEPARTMENT OF PUBLIC WELFARE,    <--
    10  is hereby authorized and directed on behalf of the Commonwealth
    11  of Pennsylvania, to grant and convey FOR A CONSIDERATION OF $1    <--
    12  to the Scranton Primary Health Care Center, Inc., the following
    13  tract of land, together with a building erected thereon, bounded
    14  and described as follows:
    15     All that certain lot, piece or parcel of land, situate in the
    16  City of Scranton, County of Lackawanna and Commonwealth of
    17  Pennsylvania, described as follows, viz:
    18     Lots Number Twenty-three (23) and Twenty-four (24) in Square
    19  or Block Number Two Hundred Twenty-six (226) and situate upon

     1  street called and known as Wyoming Avenue upon the plot of
     2  Scranton, intended to be duly registered and recorded, said lots
     3  being together eighty (80) feet in front and one hundred sixty-
     4  seven (167) feet in depth; and rectangular with an alley in the
     5  rear sixteen (16) feet wide for public use, and with the
     6  privilege of using ten (10) feet in front of the front line of
     7  said lots on Wyoming Avenue and Ash Street for door, yard,
     8  vault, piazza, porch or bay window, but for no other purpose;
     9  the top line of said vault in no case to be higher than the top
    10  of the sidewalk THE TOTAL AMOUNT BEING CONVEYED HAVING            <--
    11  APPROXIMATELY ONE-HALF (1/2) ACRE.
    12     Together with the right of surface support acquired by deed
    13  of the Scranton Trust Company to the School District of the City
    14  of Scranton, dated August 28, 1917 and recorded in Lackawanna
    15  County in Deed Book Volume 280, at Page 271.
    16     Being the same premises conveyed to the Commonwealth of
    17  Pennsylvania by deed dated October 25, 1954 by the School
    18  District of the City of Scranton, recorded in Lackawanna County
    19  Recorder of Deeds Office in Deed Book Volume 528, at Page 193.
    20     And being the same premises conveyed to the City of Scranton
    21  School District by deed of the Lackawanna Iron and Coal Company,
    22  dated May 1, 1882 and recorded in Lackawanna County in Deed Book
    23  Volume 11, at Page 494.
    24     Together with all and singular the improvements, ways,
    25  waters, water courses, rights, privileges, hereditaments and
    26  appurtenances whatsoever thereunto belonging, or in anywise
    27  appertaining, and the reversions and remainders, rents, issues
    28  and profits thereof; and all the estate, right, title, interest,
    29  property, claim and demand whatsoever of the Commonwealth of
    30  Pennsylvania in law, equity or otherwise howsoever of, in and to
    19790S0137B1402                  - 2 -

     1  the same and every part thereof.
     2     The conveyance shall be made under and subject to all
     3  easements, servitudes and rights of others, including but not
     4  confined to streets, roadways, and rights of any telephone,
     5  telegraph, water, electric, sewer, gas or pipeline companies, as
     6  well as under and subject to any interest, estates or tenancies
     7  vested in third persons, whether or not appearing of record, for
     8  any portion of the land or improvements erected thereon.
     9     Section 2.  The deed of conveyance for the property described  <--
    10  in section 1 shall contain a clause that the lands conveyed
    11  shall be used for health care purposes by the Scranton Primary
    12  Health Care Center and if at any time the said Scranton Primary
    13  Health Care Center or its successor in function conveys said
    14  property or authorizes or permits said property to be used for
    15  any purpose other than health care purposes, the title thereto
    16  shall immediately revert to and revest in the Commonwealth of
    17  Pennsylvania.
    18     SECTION 2.  THE DEED OF CONVEYANCE FOR THE PROPERTY DESCRIBED  <--
    19  IN SECTION 1 SHALL CONTAIN A CLAUSE THAT THE LANDS CONVEYED
    20  SHALL BE USED FOR THE PURPOSE OF OPERATING A PRIMARY HEALTH CARE
    21  CENTER EXCLUSIVELY FOR CHARITABLE PURPOSES OF THE SCRANTON
    22  PRIMARY HEALTH CARE CENTER A NOT-FOR-PROFIT PENNSYLVANIA
    23  CORPORATION. THE CENTER SHALL TREAT AND CARE FOR THE SICK,
    24  INJURED, AFFLICTED, INFIRM OR DISABLED AND SHALL BE OPERATED
    25  PRINCIPALLY FOR USE BY LOW-INCOME PERSONS. IF AT ANY TIME THE
    26  SAID SCRANTON PRIMARY HEALTH CARE CENTER OR ITS SUCCESSOR IN
    27  FUNCTION CONVEYS SAID PROPERTY OR AUTHORIZED OR PERMITS SAID
    28  PROPERTY TO BE USED FOR ANY PURPOSE OTHER THAN A PRIMARY HEALTH
    29  CARE CENTER, THE TITLE THERETO, SHALL IMMEDIATELY REVERT TO AND
    30  REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
    19790S0137B1402                  - 3 -

     1     Section 3.  The Deed of Conveyance for the property described
     2  in section 1 shall be approved by the Department of Justice and
     3  shall be executed by the Secretary of the Department of General
     4  Services in the name of the Commonwealth of Pennsylvania.
     5     SECTION 4.  THE COSTS AND FEES RELATED TO THE PREPARATION AND  <--
     6  RECORDATION OF THE CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
     7     Section 4 5.  This act shall take effect immediately.          <--
















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