THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EARLL, JUNE 21, 2012

REFERRED TO STATE GOVERNMENT, JUNE 21, 2012  

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 QRS Realty Corp.

certain lands and building situate in the City of Erie, Erie

County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Authorization.

The Department of General Services, with the approval of the

Department of Military and Veterans Affairs and the Governor, is

authorized on behalf of the Commonwealth of Pennsylvania to

grant and convey to QRS Realty Corp. certain lands and building

thereon, being known as the Erie Armory, situate in the City of

Erie, Erie County, for $330,000.00 and under terms and

conditions to be established in an agreement of sale with the

Department of General Services.

Section 2.  Description.

The property to be conveyed pursuant to section 1 consists of

approximately 2.29 acres, more or less, and an armory building

bounded, and more particularly described as follows:

All that certain tract of land situate in the First Ward of

the City of Erie, County of Erie, Commonwealth of Pennsylvania,

being all of in-lots 1993, 1996, 1998, 1999, 2002, 2003 and

parts of in-lots 1994, 1995, 1997 and 2006, and being more

particularly bounded and described as follows:

BEGINNING at a point at the northwesterly intersection of

East Sixth Street and Parade Street, being the southeasterly

corner of in-lot 1993; thence westwardly along the northerly

line of East Sixth Street 165 feet to a point on the dividing

line between in-lots 1996 and 1997; thence northwardly along

said dividing line a distance of 127.5 feet to a point; thence

westwardly and parallel to the northerly line of East Sixth

Street a distance of 5 feet to a point; thence northwardly and

parallel to the westerly line of Parade Street a distance of

37.5 feet to a point on the dividing line between in-lots 1997

and 1998; thence westwardly along the southerly line of in-lots

1998 and 1999, 2002, 2003 and part of 2006 and parallel to the

northerly line of East Sixth Street a distance of 365 feet to a

point on the dividing line of in-lots 2005 and 2006; thence

northwardly and parallel to the easterly line of German Street a

distance of 165 feet to a point on the southerly line of East

Fifth Street, said point being 125 feet distant from the

southeasterly corner of the intersection of German Street and

East Fifth Street; thence along said southerly line of East

Fifth Street a distance of 402.5 feet to a point, being 132.5

feet distant from the southwesterly corner of the intersection

of East Fifth Street and Parade Street; thence southwardly and

parallel to the westwardly line of Parade Street a distance of

120 feet to a point; thence eastwardly and parallel to the

southerly line of East Fifth Street a distance of 132.5 feet to

a point on the westerly line of Parade Street, said point being

distant 120 feet from the southwesterly corner of East Fifth

Street and Parade Street; thence along said westerly line of

Parade Street a distance of 210 feet to the northwesterly corner

of the intersection of East Sixth Street and Parade Street,

being the place of beginning.

BEING the same premises conveyed to the Commonwealth of

Pennsylvania by:

(1)  Deed of Arthur W. Brevillier, executor and trustee

under the will of C.M. Conrad, deceased, to the Commonwealth

of Pennsylvania, dated December 8, 1919 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 241, Page 524, conveying part of in-lots 1994 and

1995.

(2)  Deed of Arthur W. Brevillier, executor and trustee

under the will of C.M. Conrad, deceased, to the Commonwealth

of Pennsylvania, dated December 8, 1919 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 241, Page 526, conveying in-lot 1993 and part of

1996.

(3)  Deed of Erie Brewing Company to the Commonwealth of

Pennsylvania dated December 30, 1939 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 399, Page 663, conveying in-lots 1998, 1999, 2002

and parts of in-lots 1995 and 1996.

(4)  Quitclaim deed of the City of Erie to the

Commonwealth of Pennsylvania dated June 20, 1941 and recorded

in the Office of Recorder of Deeds of Erie County,

Pennsylvania, Deed Book 413, Page 217, conveying in-lot 2003

and part of 2006.

(5)  Treasurer's deed of James D. Walker by the Treasurer

of Erie County to the Commonwealth of Pennsylvania dated May

21, 1940 and recorded in the Office of Recorder of Deeds of

Erie County, Pennsylvania, Deed Book 414, Page 189, conveying

in-lot 2003 and part of 2006.

(6)  Deed of Erie Brewing Company to the Commonwealth of

Pennsylvania dated December 31, 1956 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 747, Page 87, conveying part of in-lot 1997.

BEING Erie County Tax Parcel No. (14) 10-11-100.

KNOWN as the Erie Armory at 350 East 6th Street, City of

Erie, Erie, Pennsylvania.

Section 3.  Easements.

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.

Section 4.  Conditions.

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 section, the title shall immediately revert to and revest

in the grantor.

Section 5.  Deed of conveyance.

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.

Section 6.  Costs and fees.

Costs and fees incidental to this conveyance shall be borne

by the grantee.

Section 7.  Proceeds.

The proceeds from the sale shall be deposited in the State

Treasury Armory Fund. 

Section 8.  Alternate disposition.

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 by the Department of General Services, with the

approval of the Department of Military and Veterans Affairs and

the Governor, at a price to be determined through a competitive

bidding process with proceeds to be deposited as provided in

section 7.

Section 9.  Effective date.

This act shall take effect immediately.