PRINTER'S NO. 1031
No. 882 Session of 2007
INTRODUCED BY BROWNE, MAY 18, 2007
REFERRED TO STATE GOVERNMENT, MAY 18, 2007
AN ACT 1 Authorizing the Department of General Services, with the 2 approval of the Governor, to grant and convey to the 3 Allentown Commercial Industrial Authority, or their assigns, 4 certain lands situate in the City of Allentown and the City 5 of Bethlehem, Lehigh County, Pennsylvania. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Conveyance in the City of Allentown and the City of 9 Bethlehem, Lehigh County. 10 (a) Authorization.--The Department of General Services, with 11 the approval of the Governor, is authorized on behalf of the 12 Commonwealth of Pennsylvania to grant and convey to the 13 Allentown Commercial Industrial Authority, or their assigns, a 14 certain tract of land and improvements thereon, being an unused 15 portion of the Allentown State Hospital, described in subsection 16 (b) under terms and conditions to be established in an agreement 17 of sale with the Department of General Services. 18 (b) Description.--The property to be conveyed under 19 subsection (a) consists of approximately 36.08 acres, more or
1 less, and more particularly bounded and described as follows, 2 subject to an official survey and plan: 3 Beginning at a point being the POINT OF BEGINNING; thence S. 4 08 degrees 31 minutes 43 seconds E., a distance of 327.98 feet; 5 thence S. 76 degrees 19 minutes 04 seconds W., a distance of 6 1,186.33 feet; thence S. 72 degrees 56 minutes 55 seconds W., a 7 distance of 285.07 feet; thence S. 43 degrees 48 minutes 06 8 seconds W., a distance of 727.05 feet; thence S. 54 degrees 56 9 minutes 04 seconds W., a distance of 603.06 feet; thence N. 34 10 degrees 49 minutes 40 seconds W., a distance of 160.00 feet; 11 thence N. 55 degrees 10 minutes 20 seconds E., a distance of 12 243.03 feet; thence N. 27 degrees 11 minutes 30 seconds W., a 13 distance of 394.57 feet; thence continue northwesterly along 14 said line, a distance of 637.91 feet; thence N. 81 degrees 23 15 minutes 17 seconds E., a distance of 531.03 feet; thence S. 43 16 degrees 13 minutes 28 seconds E., a distance of 11.42 feet; 17 thence S. 80 degrees 16 minutes 16 seconds W., a distance of 18 54.97 feet; thence S. 07 degrees 57 minutes 07 seconds W., a 19 distance of 61.36 feet; thence S. 61 degrees 19 minutes 56 20 seconds E., a distance of 163.09 feet; thence N. 68 degrees 57 21 minutes 39 seconds E., a distance of 177.92 feet; thence N. 58 22 degrees 25 minutes 17 seconds E., a distance of 238.88 feet; 23 thence N. 23 degrees 18 minutes 43 seconds W., a distance of 24 36.00 feet; thence N. 82 degrees 58 minutes 17 seconds E., a 25 distance of 1,395.57 feet; thence N. 81 degrees 45 minutes 17 26 seconds E., a distance of 387.40 feet to the POINT OF BEGINNING. 27 CONTAINING 36.08-acres, more or less. 28 (c) Granting and retention of easements.--The Department of 29 General Services is authorized to do all of the following: 30 (1) Grant and convey to the Allentown Commercial 20070S0882B1031 - 2 -
1 Industrial Authority, or their assigns, any easements for 2 utilities and ingress or egress on residual lands of the 3 Commonwealth of Pennsylvania at Allentown State Hospital 4 necessary to comply with local land development and zoning 5 ordinances. 6 (2) Reserve and except any easements on the property to 7 be conveyed to the Allentown Commercial Industrial Authority 8 under this section necessary for the efficient operation of 9 Allentown State Hospital. 10 (d) Easements, servitudes and rights.--The conveyance shall 11 be made under and subject to all lawful and enforceable 12 easements, servitudes and rights of others, including streets, 13 roadways and rights of any telephone, telegraph, water, 14 electric, gas or pipeline companies, as well as under and 15 subject to any lawful and enforceable estates or tenancies 16 vested in third persons appearing of record, for any portion of 17 the land or improvements erected thereon. 18 (e) Land restriction.-- 19 (1) Any conveyance authorized under this section shall 20 be made under and subject to the condition, which shall be 21 contained in the deed of conveyance, that no portion of the 22 property conveyed shall be used as a licensed facility, as 23 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any 24 other similar type of facility authorized under State law. 25 (2) The condition under paragraph (1) shall be covenants 26 running with the land and shall be binding upon the grantee, 27 its successors and assigns. If the grantee, its successors or 28 assigns, permits any portion of the property authorized to be 29 conveyed under this section to be used in violation of this 30 subsection, the title shall immediately revert to and revest 20070S0882B1031 - 3 -
1 in the grantor. 2 (f) Execution.--The deed of conveyance shall be by special 3 warranty deed and shall be executed by the Secretary of General 4 Services in the name of the Commonwealth of Pennsylvania. 5 (g) Costs and fees.--Costs and fees incidental to this 6 conveyance shall be borne by the grantee. 7 (h) Nonconveyance.--If an agreement of sale between the 8 Department of General Services and the Allentown Commercial 9 Industrial Authority is not executed within one year from the 10 effective date of this section, the authority contained under 11 this section shall expire. 12 Section 2. Effective date. 13 This act shall take effect immediately. E17L85MSP/20070S0882B1031 - 4 -