THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, MAY 11, 2009

SENATOR MCILHINNEY, STATE GOVERNMENT, AS AMENDED, JUNE 9, 2009   

AN ACT

Authorizing and directing the Department of General Services,

with the approval of the Governor and the Department of

Military and Veterans' Affairs, to grant and convey to the

Schuylkill YMCA certain lands and building situate in the

Borough City of Pottsville, Schuylkill County.

<--

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Pottsville, Schuylkill County.

(a)  Authorization.--The Department of General Services, with

the approval of the Governor and the Department of Military and

Veterans' Affairs, is hereby authorized and directed on behalf

of the Commonwealth of Pennsylvania to grant and convey, to the

Schuylkill YMCA, certain lands and building situate in the

Borough City of Pottsville, Schuylkill County for $160,000.

<--

(b)  Property description.--The property to be conveyed

pursuant to this section consists of approximately 0.33-acres,

and an armory building bounded, and more particularly described

as follows:

BEGINNING at a stake in the eastern building line of North

Centre Street at the northwest corner of Lot Number Fourteen

(14) in accordance with the plan of R. S. Bashore's lots dated

February 1907, and made by A. B. Cochrane & Son, Engineers;

thence at right angles to Centre Street eastwardly along the

dividing line between Lots Numbers Thirteen (13) and Fourteen

(14) for a distance of one hundred and thirty-five (135) feet

and eleven and three-quarter (11 3/4) inches to the right of way

of the Philadelphia & Reading Railway Company; thence

southwardly along said right of way a distance of one hundred

(100) feet and five (5) inches to the southeast corner of Lot

Number Eighteen (18) as per said aforementioned plan; thence

westwardly along the dividing line between Lots Numbers Eighteen

(18) and Nineteen (19) to a stake in the eastern building line

of Center Street a distance of one hundred and forty-five (145)

feet and three (3) inches; thence northwardly along said eastern

building line of Centre Street one hundred (100) feet to the

place of BEGINNING.

CONTAINING 0.33 Acres.

BEING the same property conveyed to the Commonwealth of

Pennsylvania by Robert S. Bashore and May B. Bashore, his wife,

by deed dated March 14, 1912 and recorded in the Schuylkill

County Recorder of Deeds Office in Deed Book 359, Page 103.

(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 on use.--The 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 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, 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.--The deed of conveyance shall be by Special

Warranty Deed and shall be executed by the Secretary of General

Services in the name of the Commonwealth of Pennsylvania.

(f)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the Grantee.

(g)  Deposit of proceeds.--The proceeds from the sale shall

be deposited in the State Treasury Armory Fund.

(h)  Alternate disposition.--In the event that this

conveyance is not executed within six months of the effective

date of this section, the property may be disposed of in

accordance with section 2406-A of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

Section 2.  Effective date.

This act shall take effect immediately.