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PRINTER'S NO. 2366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2051
Session of
2021
INTRODUCED BY KAUFER AND MILLARD, NOVEMBER 8, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 8, 2021
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 West
Pittston certain lands, buildings and improvements situate in
the Borough of West Pittston, Luzerne County; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in the Borough of West Pittston, Luzerne
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 West Pittston, the following tract of land together with any
buildings, structures or improvements thereon, situate in the
Borough of West Pittston, Luzerne County for $35,000, under
terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under
section 1 consists of a tract of land totaling approximately
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3.33-acres, including all buildings, structures and improvements
located thereon, more particularly described as follows:
ALL THAT CERTAIN piece or parcel of land situate in the
Borough of West Pittston, County of Luzerne, and Commonwealth of
Pennsylvania, bounded and described as follows:
BEGINNING at a corner on the southeasterly side of Second
Street, said corner being 200.00 feet south 58 degrees 00
minutes west from the southwesterly intersection of Second and
Atlantic Streets; thence south 32 degrees 00 minutes east,
406.00 feet, more or less, to the westerly line of Susquehanna
Avenue to an iron pipe; thence along the westerly line of
Susquehanna Avenue south 70 degrees 07 minutes west 409.12 feet
to a corner; thence north 32 degrees 00 minutes west, 320.13
feet, more or less, to the southerly line of Second Street;
thence along the southerly line of Second Street, north 58
degrees 00 minutes east, 400.00 feet, to the point of beginning.
Containing: 3.33 acres of land, more or less.
BEING Tax Parcel No. 65-E11NE4-013-006-0.
BEING the same parcel of land conveyed by the Borough of West
Pittston to the Commonwealth of Pennsylvania, by deed dated
September 17, 1955 and recorded September 27, 1955, in the
Office of the Recorder of Deeds of Luzerne County, Pennsylvania,
in Deed Book Volume 1289, Page 291.
(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
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the land or improvements erected thereon.
(d) Conditions.--The 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. ยง 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 act 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
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) Alternate disposition.--If the conveyance is not
effectuated within 18 months after the effective date of this
act, 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
in the State Treasury Armory Fund.
Section 2. Repeal.
Section 10 of the act of November 25, 2020 (P.L.1272,
No.135), known as "An act authorizing the Department of General
Services, with the approval of the Department of Corrections and
the Governor, to grant and convey to the Schuylkill County
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Municipal Authority an easement from lands of the Commonwealth
of Pennsylvania at the State Correctional Institution Mahanoy,
situate in Mahanoy Township, County of Schuylkill, for the
purpose of establishing, utilizing and maintaining water wells
and appurtenances thereto related to potable water production
and distribution for the benefit of customers within the
authority's service territory; authorizing the Department of
General Services, with the approval of the Governor and the
Department of Military and Veterans Affairs, to grant and
convey, at a price to be determined through a competitive bid
process, certain lands, buildings and improvements situate in
Allegheny Township, Blair County; authorizing the Department of
General Services, with the approval of the Governor and the
Department of Military and Veterans Affairs, to grant and
convey, at a price to be determined through a competitive bid
process, certain lands, buildings and improvements situate in
Allegheny Township, Blair County; authorizing the Department of
General Services, with the approval of the Governor and the
Department of Environmental Protection, to take such action with
respect to the Commonwealth's real property interests in the
site commonly known as Penn's Landing to facilitate the further
development plans for the real property; authorizing the
Department of General Services, with the approval of the
Governor and the Pennsylvania Historical and Museum Commission,
to grant and convey to the Highlands Historical Society, certain
lands situate in Whitemarsh Township, Montgomery County;
authorizing the Department of General Services, with the
approval of the Department of Human Services and the Governor,
to grant and convey to Bollinger Enterprises, Inc., certain
lands situate in Conewango Township, Warren County; authorizing
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the Department of General Services, with the concurrence of the
Department of Environmental Protection, to lease to L-A Battery,
QOZ, LLC land within the bed of the Delaware River within the
City of Philadelphia; authorizing the Department of General
Services, with the approval of the Department of Transportation
and the Governor, to grant and convey to the Washington Health
System, or its assignee, certain lands and improvements situate
partially in the 6th Ward of the City of Washington and
partially in South Strabane Township, Washington County;
authorizing the Department of General Services, with the
approval of the Governor, to grant and convey to Harry E. Frey,
Jr., and Jeffrey L. Frey, a permanent easement over certain
lands of the Commonwealth of Pennsylvania at Muncy State
Correctional Institution situate in Clinton Township, Lycoming
County, for the purpose of ingress and egress to lands which
Harry E. Frey, Jr., and Jeffrey L. Frey propose to acquire from
Harold James Carpenter and Carlene M. Carpenter; authorizing the
Department of General Services, with the approval of the
Department of Military and Veterans Affairs and the Governor, to
grant and convey, at a price to be determined through a
competitive bid process, certain lands, buildings and
improvements situate in the Borough of West Pittston, Luzerne
County; authorizing the release of Project 70 restrictions on
certain lands owned by Glen Rock Borough, York County, in return
for the development of park and open space lands owned by Glen
Rock Borough, York County; authorizing the Department of General
Services, with the approval of the Governor, to grant and convey
to Human Services, Inc., certain lands and improvements situate
in the Borough of West Chester, Chester County; and making a
repeal" is repealed.
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Section 3. Effective date.
This act shall take effect immediately.
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