PRINTER'S NO. 1920
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1340
Session of
2022
INTRODUCED BY ARGALL, SEPTEMBER 19, 2022
REFERRED TO STATE GOVERNMENT, SEPTEMBER 19, 2022
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor, to grant and convey to The Bear
Creek Township Volunteer Hose Company certain lands,
buildings and improvements situate in Bear Creek Township,
Luzerne County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Bear Creek Township, 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 Bear
Creek Township Volunteer Hose Company the following tract of
land together with any buildings, structures or improvements
thereon, situate in Bear Creek Township, Luzerne County, for
$61,000, 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 a tract of land totaling
approximately 5.592 acres, including all buildings, structures
and improvements located thereon, more particularly described as
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follows:
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF GROUND, situate in
the Bear Creek Township, County of Luzerne and Commonwealth of
Pennsylvania bounded and described as follows:
Beginning at a point on the southwesterly side of a 100'
right of way of Bear Creek Boulevard, S.R. 0115, said point also
marking a common corner of the lands of the Commonwealth of
Pennsylvania and the northern corner of the lands N/F of the
Bear Creek Township Volunteer Hose Company; thence South 36° 11'
17" West, four hundred five and thirty-two hundredths (405.32)
feet to a point; thence continuing along the lands of the Bear
Creek Township Volunteer Hose Company, the Lands of Michael and
Charlotte Lyons, and partially along the lands of Lori Petlock,
South 89° 53' 25" West, one hundred ninety two and sixty nine
hundredth (192.69) feet to a point, marking the dividing line
between lot 1 and lot 2 the following (10) courses and distance;
(1) North 24° 06' 35" West, one hundred twelve and zero
hundredths (112.00) feet to a point; (2) North 50° 53' 25" East,
forty one and fifty hundredths (41.50) feet to a point; (3)
North 39° 06' 35" West, seventy four and zero hundredths (74.00)
feet to a point; (4) North 61° 06' 35" West, ninety two and zero
hundredths (92.00) feet to a point; (5) North 29° 06' 35" West,
fifty five and zero hundredths (55.00) feet to a point; (6)
North 12° 51' 20" East, seventy seven and zero hundredths
(77.00) feet to a point; (7) North 26° 57'29" East, one hundred
eighteen and zero hundredths (118.00) feet to a point; (8) North
51° 35' 49" East, one hundred sixty six and zero hundredths
(166.00) feet to a point; (9) South 89° 06' 34" East, sixty and
zero hundredths (60.00) feet to a point; (10) North 51° 35' 49"
East, one hundred fifty and zero hundredths (150.00) feet to a
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point on the southwesterly side on Bear Creek Boulevard; thence
along the southerly right of way on a curve to the right, having
a radius of nine hundred ninety one and seventy four hundredths
(991.74) feet, and an arc length of three hundred ninety seven
and zero two hundredths (397.02) feet, and a long cord of South
34° 07' 51" East, three hundred ninety four and thirty seven
hundredths (394.37) feet to the place of beginning.
Containing 5.592 acres of land and being all of Lot #1 as
shown on drawing entitled "Final Minor Subdivision Plan,
Commonwealth of Pennsylvania, Bear Creek Highway Maintenance
Facility, Bear Creek Boulevard, (S.R. 0115) Bear Creek Township,
Luzerne County, Pennsylvania" By Labella Associates; recorded in
Luzerne County Recorder of Deeds, Instrument No. 202218825.
BEING P/O PIN 04J11 00A036000.
BEING a portion of the same parcel of land conveyed by Henry
A. Behrens and Margaret E. Behrens, his wife, to the
Commonwealth of Pennsylvania, by deed dated February 9, 1939,
and recorded in the Office of the Recorder of Deeds of Luzerne
County, Pennsylvania, in Deed Book Volume 781, Page 421; and
also being a portion of the same parcel of land conveyed by
Margaret E. Behrens, widow, to the Commonwealth of Pennsylvania
by deed dated October 11, 1960 and recorded at the Office of the
Recorder of Deeds of Luzerne County, Pennsylvania, in Deed Book
Volume 1465, Page 228.
(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
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vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Condition.--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 conveyed in this section to be
used in violation of this subsection, the title shall
immediately revert to and revest in the grantor.
(e) Easements.--The Department of General Services may
reserve any easements in, over and across the lands to be
conveyed as it deems necessary, convenient or appropriate.
(f) 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.
(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
subsection, 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
into the General Fund.
Section 2. Effective date.
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This act shall take effect immediately.
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