THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, MIRABITO, BAKER, CALTAGIRONE, COHEN, GINGRICH, GODSHALL, HESS, MILLARD, MYERS, PICKETT, SCHMOTZER, STEVENSON, SWANGER AND GEIST, MAY 24, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 24, 2012  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to West Branch

Regional Authority, certain lands situate in Clinton

Township, Lycoming County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Clinton Township, Lycoming County.

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

the approval of the Governor, is authorized on behalf of the

Commonwealth to grant and convey to West Branch Regional

Authority a tract of land being a portion of Muncy State

Correctional Institution, situate in Clinton Township, Lycoming

County for $300,000 and under terms and conditions to be

established in a lease and option to purchase agreement with the

department.

(b)  Description of property.--The property to be conveyed

under subsection (a) consists of a tract of land containing

14.00 acres + and any improvements thereon, being bounded and

more particularly described as follows:

ALL THAT CERTAIN TRACT OR PIECE OF LAND, situate in the

Township of Clinton, County of Lycoming and State of

Pennsylvania, bounded and described, according to an actual

survey thereof, made by Thomas Lloyd on the Eleventh day of

March, 1882, as follows:

BEGINNING at a post in the line or Right of Way of the

Philadelphia and Erie Railroad; thence by land now or formerly

of the Estate of Joshua Bowman, deceased, North 12-3/4° East 

thirty and eighty-six hundredths (30.86) perches to a post;

thence by same North 37-1/2° West forty-six and nine-tenth

(46.9) perches to a point in the center of the road leading from

Muncy to Montgomery; thence along the center of said road, North

52° East fifty-four and fifty-six hundredths (64.56) perches to

a post; thence by land now or formerly belonging to Hugh

Montgomery, South 52-1/2° East twenty-seven and sixteen

hundredths (27.16) perches to a point in the right of way of the

Philadelphia and Erie Railroad; thence along the right of way of

said Railroad the following courses and distances: South 19-1/4°

West six and seventy-two hundredths (6.72) perches; South

21-1/2° West thirteen and two tenth (13.2) perches; South

22-3/4° West seventeen and five-tenth (17.5) perches; South

26-1/2° West eighteen (18) perches; South 29-3/4° West

twenty-six and eight-tenth (26.8) perches; and South 37° West

twelve and eight-tenth (12.8) perches to the place of beginning.

(The final legal description and acreage of the property to be

conveyed shall be determined by a formal survey/subdivision plan

prepared by a Pennsylvania-licensed land surveyor prior to

conveyance.)

EXCEPTING AND RESERVING, however, from the said described

tract of land the following tract conveyed by John Kift to the

Philadelphia and Erie Railroad, by deed dated February 16, 1903,

recorded in the Recorder's Office of Lycoming County in Deed

Book Volume 151 page 336, bounded and described as follows:

BEGINNING at a stake in the line of right of way of said

Railroad; thence by line curving toward the West, with a radius

of five thousand and ninety-eight (5,098) feet, a distance of

six hundred feet (600) to a stake; thence North 63° 45' West on

hundred (100) feet to a stake; thence by a line curving towards

the West with a radius of forty-nine hundred ninety-eight

(4,998) feet a distance of six hundred seventeen and and

six-tenth (617.6) feet; and thence South 51° 50' East one

hundred five and three tenth (105.3) feet to the beginning.

Containing one and three hundred ninety-eight thousandth (1.398)

acres.

BEING a portion of Tax ID No. 7-392-101.

AND BEING the same piece or parcel of land conveyed to the

Commonwealth of Pennsylvania, from Jennie B. Kift, widow of

William H. Kift, by deed dated April 9, 1915 in the office of

the Recorder of Deeds of Lycoming County, Pennsylvania, in Deed

Book 219, Page 474.

(c)  Interests.--The conveyance shall be made under and

subject to:

(1)  all lawful and enforceable easements, servitudes and

rights of others, including streets, roadways and rights of

any telephone, telegraph, water, electric, gas or pipeline

companies; and

(2)  all lawful and enforceable estates or tenancies

vested in third persons appearing of record, for any portion

of the land or improvements erected on the land.

(d)  Gaming restriction.--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. If 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.

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

conveyance shall be borne by the grantee.

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

in the General Fund.

(h)  Expiration.--If a lease and option to purchase agreement

between the parties is not executed within 12 months of the

effective date of this section, the authorization contained in

this section shall expire.

Section 2.  Effective date.

This act shall take effect immediately.