THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STERN AND FLECK, SEPTEMBER 29, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 29, 2011  

AN ACT

Authorizing the Department of General Services, with the

approval of the Department of Military and Veterans Affairs

and the Governor, to grant and convey to the Borough of

Tyrone certain land and improvements situate in the Borough

of Tyrone, Blair County, known as the Tyrone Armory.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Borough of Tyrone, Blair County.

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

the approval of the Department of Military and Veterans Affairs

and the Governor, is hereby authorized on behalf of the

Commonwealth of Pennsylvania to grant and convey to the Borough

of Tyrone, certain land and improvements situate in the Borough

of Tyrone, Blair County, for $80,000 and under terms and

conditions to be established in an Agreement of Sale with the

Department of General Services.

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

pursuant to subsection (a) consists of a tract of land totaling

0.57-acres + and improvements thereon, bounded and more

particularly described as follows:

ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the

Borough of Tyrone, County of Blair and State of Pennsylvania,

bounded and described as follows, to wit:

BEGINNING at the Northeasterly corner of Logan Avenue and

Alley K; thence along the Easterly side of Logan Avenue South

eighteen degrees six minutes (18° 6') West one hundred thirty

(130) feet to line of premises conveyed by Ella M. Bell to G.

Wood Miller by deed recorded in said county in Deed Book Vol.

159, Page 37; thence along said Miller's line South seventy-one

degrees fifty-four minutes (71° 54') East one hundred thirty-two

and seven tenths (132.7) feet to a post; thence North seventy-

three degrees thirty minutes (73° 30') East fifty-two (52) feet

to a post on line of premises of A. A. Stevens, formerly land

conveyed by P. Sneeringer and others to David T. Caldwell by

deed recorded in said county in Deed Book Vol. 27, page 498;

thence along said Stevens' line, North eighteen degrees six

minutes (18° 6') East one hundred and five tenths (100.5) feet

to the Southerly side of Alley K; thence along said side of

Alley K, North seventy-one degrees fifty-four minutes (71° 54')

West one hundred seventy-five and five tenths (175.5) feet to

the place of beginning.

BEING Tax Parcel No. 22.2-006-064

BEING the same premises conveyed to the Commonwealth of

Pennsylvania from Thomas C. Heims, Mrs. E. Grace Kolbenschlag

and Joseph E. Kolbenschlag, her husband, and Miss A. May Heims,

all of the Borough of Osceola, County of Clearfield and State of

Pennsylvania, and Mrs. Lillie W. Mills, widow of James K. Mills,

of the City of Braddock, County of Allegheny and State of

Pennsylvania, by deed dated February 15, 1912 and recorded

February 26, 1912, in the County of Blair, Pennsylvania in Deed

Book 206, Page 661.

(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)  Deed restrictions.--Any conveyance authorized under this

act 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 act 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)  Proceeds.--The proceeds from the sale shall be deposited

in the State Treasury Armory Fund.

(h)  Alternate disposal.--In the event that this conveyance

is not executed per the terms and conditions as established in

the Agreement of Sale, with the Department of General Services,

the property may be disposed of in accordance with Article 2405-

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.