Section 3. 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 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 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 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, 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.