PRIOR PRINTER'S NO. 2947

PRINTER'S NO. 2992

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2496

Session of

2022

INTRODUCED BY BOBACK, PICKETT AND MILLARD, APRIL 7, 2022

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 13, 2022

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in Township of Tunkhannock, Wyoming

(a) Authorization for conveyance.--The Department of General

Services, with the approval of the Department of Agriculture and

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

pursuant to subsection (a) consists of a tract of approximately

10.268 acres, including all buildings, structures and

improvements located thereon, more particularly described as

follows:

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND in the Township

of Tunkhannock, County of Wyoming, and Commonwealth of

Pennsylvania, bounded and described as follows:

Beginning at a stake situate at the intersection of the

common boundary line of lands now or formerly of Frank P.

Hundredths (984.10) feet to a stake in the east line of the

Lehigh Valley Railroad; thence along the east line of the Lehigh

Valley Railroad North 31 degrees 13 minutes West Three Hundred

Sixty-four and Fifty-five Hundredths (364.55') feet to a stake,

said stake being Southeast Five Hundred Thirty-five (535') feet

along the Lehigh Valley Railroad lands from the Northwest corner

of the lands now or formerly of Frank P. Truskalaski, thence

along the lands now or formerly of Frank P. Truskalaski North 75

degrees 47 minutes East One Thousand One Hundred Fifty-four and

Twenty Hundredths (1154.20) feet to a stake in the West line of

16, 1989 and recorded January 12, 1990, in Wyoming County in

Deed Book Volume 256, Page 795.

(c) Existing encumbrances.--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.

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.--The conveyance shall be made 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

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

conveyance shall be borne by the grantee.

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

authorized in this section is not completed within one year

after the effective date of this section, the authority to

convey the property to Wyoming County as set forth in subsection

(a) shall expire, and the property may be disposed of in

accordance with Article XXIV-A of the act of April 9, 1929

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

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

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

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,

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.

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

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.

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 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

(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.

Section 2 3. Effective date.