Regular Session 2021-2022 House Bill 2442 P.N. 2858

PRINTER'S NO. 2858

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2442

Session of

2022

INTRODUCED BY KAUFER AND PICKETT, MARCH 23, 2022

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 23, 2022

AN ACT

Authorizing the Department of General Services, with the

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

of Wyoming certain lands, buildings and improvements situate

in the Borough of Wyoming, Luzerne County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in Borough of Wyoming, Luzerne County.

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

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

the Commonwealth of Pennsylvania to grant and convey to the

Borough of Wyoming the following tracts of land, together with

any buildings, structures or improvements thereon, situate in

the Borough of Wyoming, Luzerne County, for $500,000, under

terms and conditions to be established in an agreement of sale.

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

subsection (a) consists of four tracts of land totaling

approximately 3.91 acres, including all buildings, structures

and improvements located thereon, more particularly described as

follows:

Tract 1

ALL THAT CERTAIN surface or right of soil of that certain

tract of land situated in the Borough of Wyoming, County of

Luzerne, and Commonwealth of Pennsylvania, bounded and described

as follows, to wit:

BEGINNING at a corner of land, late of Sarah Henry on Wyoming

Avenue, the main road leading through Wyoming Borough; thence

along Wyoming Avenue south forty nine and three-quarters (49 ¾)

degrees west, one hundred twenty one (121) feet to a corner;

thence north forty one and a half (41 ½) degrees west two

hundred eight and one half (208 ½) feet to a corner; thence

south forty nine and three quarters (49 ¾) degrees west sixteen

and one half (16 ½) feet more or less to a corner of land late

of Payne Pettebone; thence north forty one and one half (41 ½)

degrees west three hundred twenty six and nine tenths (326 9)

feet more or less to a corner of land late of J. P. Atherton;

thence north twenty five and one half (25 ½) degrees east sixty

eight and one half (68 ½) feet; thence north thirty eight and

one half (38 ½) degrees east seventy seven (77) feet to the

corner of land, late of Sarah Henry; thence along the lands late

of said Sarah Henry south forty one and one half (41 ½) degrees

east five hundred seventy five and six tenths (575.6) feet more

or less to the place of beginning.

CONTAINING one acre, one hundred ten and fifteen one

hundredths (110.15) rods of land more or less.

EXCEPTING and RESERVING all the coal and other minerals in

the same manner and to the same extent as the same are excepted

in several deeds in the chain of title to said land, in

particular in Deed of William and Isabella Hancock to Mount Look

Coal Company, dated February 27, 1893 and recorded in Deed Book

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No. 314, Page 505, Luzerne County, Pennsylvania.

BEING the same tract of land conveyed by the Wyoming Realty

Company to the Commonwealth of Pennsylvania, by deed dated

November 4, 1946, and recorded November 21, 1946, in the Office

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

Book 879, Page 417.

Tract 2

ALL THAT CERTAIN tract of land located in the Borough of

Wyoming, County of Luzerne, and Commonwealth of Pennsylvania,

described as follows:

BEGINNING at a corner in the Northwesterly side of Wyoming

Avenue, said corner being the divided line between lands now or

formerly of Grace M. Shoemaker and lands of now or formerly of

Gomer W. Morgan and Mary S. Morgan, his wife; thence by lands of

now or formerly Grace M. Shoemaker, North 41° 30' West, a

distance of five hundred thirty-eight feet (538.0) to a point

across Abram's Creek; thence by lands now or formerly of the

Pennsylvania Coal Company, South 87° 15' East, a distance of

thirty one feet (31.0) to a point; thence by same, North 28° 45'

East, a distance of sixteen and five tenths feet (16.5) to a

point; thence by same, North 25° 30' East, a distance of thirty-

three and five tenths feet (33.5) to a point; thence, recrossing

Abram's Creek and lands of the Commonwealth of Pennsylvania,

South 41° 30' East, a distance of three hundred twenty-nine feet

(329.0) to a point; thence by same, North 49° 00' East, a

distance of seventeen feet (17.0) to a point; thence by same,

South 41° 30' East, a distance of two hundred eight and fifty

one hundredths feet (208.50) to a point; thence along Wyoming

Avenue, South 49° 00' West, a distance of eighty eight feet

(88.0) to the place of beginning.

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CONTAINING .9 acres, more or less.

BEING the same tract of land conveyed by Gomer W. Morgan and

Mary S. Morgan, his wife, to the General State Authority, by

deed dated February 18, 1955, and recorded February 18, 1955, in

the Office of the Recorder Deeds of Luzerne County,

Pennsylvania, in Deed Book 1264, Page 497.

Tract 3

ALL THAT CERTAIN tract of land located in the Borough of

Wyoming, County of Luzerne, and Commonwealth of Pennsylvania,

described as follows:

BEGINNING at a point in the dividing line between lands now

or formerly of Grace M. Shoemaker, widow, and Jemina Grey, said

point being one hundred eighty-five feet (185.0) North-westerly

from Wyoming Avenue; thence by lands now or formerly of Jemima

Gray, North 41° 30' West, a distance of one hundred two feet

(102.0) to a point in a wire fence; thence by lands now or

formerly of Mae Cooper VanHorn and crossing Abram's Creek, North

34° 00' West, a distance of two hundred ninety one feet (291.0)

to a point; thence by lands now or formerly of the Pennsylvania

Coal Company, South 87° 20' East, a distance of sixty and five

tenths feet (60.5) to a point; thence by lands of now or

formerly Gomer W. Morgan, et ux, South 41° 30' East, a distance

of three hundred fifty two feet (352.0) to a point; thence by

other lands now or formerly of Grace M. Shoemaker, South 49° 00'

West, a distance of eighty five and three tenths feet (85.3) to

the place of beginning.

CONTAINING .7 acres, more or less.

BEING the same tract of land conveyed by Grace M. Shoemaker,

widow, to the General State Authority, by deed dated February

17, 1955, and recorded February 18, 1955, in the Office of the

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Recorder Deeds of Luzerne County, Pennsylvania, in Deed Book

1264, Page 500.

The Department of General Services is the successor to the

General State Authority pursuant to Act 45 of 1975.

Tract 1, Tract 2 and Tract 3 are collectively known as Tax

Parcel No. 67-E10SE4-001-003-000.

Tract 4

ALL THAT CERTAIN surface or right of soil of all that piece

or parcel of land located in the Borough of Wyoming, County of

Luzerne, and Commonwealth of Pennsylvania, bounded and described

as follows, to wit:

BEGINNING at a point on the Northwesterly side of Wyoming

Avenue, in the dividing line of land now or formerly of Grace M.

Shoemaker, widow, and land now or formerly of Jemina Grey;

THENCE along Wyoming Avenue in a Northeasterly direction,

85.3 feet to a corner of land of the General State Authority,

formerly of Mrs. William H. Shoemaker;

THENCE North 41 degrees 30 minutes West, 186.87 feet, more or

less, to a point in line of lands conveyed by Grace M.

Shoemaker, widow, to the General State Authority;

THENCE along said line South 49 degrees 00 minutes West, 85.3

feet, more or less, to a point;

THENCE South 41 degrees 30 minutes East, 185 feet, more or

less, to the place of beginning.

TOGETHER with and subject to all easements, covenants,

appurtenances, reservations and conditions, including the

sidewalk and bed of Wyoming Avenue as far as the title will

extend.

BEING the same piece or parcel of land acquired by the

General State Authority pursuant to Declaration of Taking, filed

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in the Office of the Prothonotary of the Court of Common Pleas

of Luzerne County on January 4, 1973, at Docket No. 61 of 1973,

with a notice of the Declaration of Taking recorded at the

Office of the Recorder of Deeds of Luzerne County at Deed Book

1770, Page 631.

ALSO, BEING the same premises the General State Authority

conveyed to the Commonwealth of Pennsylvania, acting by and

through the Department of General Services, by deed dated June

19, 1989 (tract 131 only) and recorded March 25, 1991, in Deed

Book 2373, Page 1, at the Office of the Recorder of Deeds of

Luzerne County.

Tract 4 is known as Tax Parcel No. 67-E10SE4-001-013-000

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) Gaming restriction.--Any 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 and its

successors and assigns. Should the grantee, its successors or

assigns permit any portion of the property authorized to be

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conveyed under this section used in violation of this

subsection, the title shall immediately revert to and revest in

the grantor.

(e) Use restriction.--The following use restriction shall be

included in the deed:

Under and subject to the condition that the grantee, its

successors and assigns shall utilize the property solely for

the operation of a municipal/regional police department and

for no other purpose. Should the grantee, its successors or

assigns utilize the property for any other purpose, the

grantee, by its acceptance of this deed, on behalf of itself

and its successors and assigns, agrees to pay $425,000 to the

grantor within 90 days after the change in use. Should the

grantee fail to pay such sum within such time frame, the

property shall, at the grantor's election, revert and revest

in the grantor. This provision is intended to create a fee

simple subject to a condition subsequent. This condition

shall terminate on the 10th anniversary of the date of this

deed and thereafter be of no further force or effect.

(f) Deed.--The conveyance shall be made by a special

warranty deed to be executed by the Secretary of General

Services in the name of the Commonwealth of Pennsylvania.

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

conveyance shall be borne by the grantee.

(h) Alternate disposition.--If the conveyance is not

effectuated within two years after the effective date of this

section, 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.

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

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into the General Fund.

Section 2. Effective date.

This act shall take effect immediately.

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