Section 4. Conveyance in the City of Allentown and the City of Bethlehem, Lehigh County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey, for $5,500,000, the following tracts of land together with any buildings, structures or improvements thereon, situate in the City of Allentown and the City of Bethlehem, Lehigh County, to City Center Investment Corp.
(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of approximately 195.167 acres of land and improvements located thereon, bounded and more particularly described as follows:
LOT #1
ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the City of Allentown and City of Bethlehem, Lehigh County, bounded and described as follows, to wit:
BEGINNING at a concrete monument found on the South side of Hanover Avenue said point being at the Northeast Corner of the lands of N/F 1514 Inc., thence FROM THE PLACE OF BEGINNING along the South line of Hanover Avenue the following courses and distances:
(1) S 55°31'17" E for a distance of 511.16' to a point, thence
(2) Along a curve to the Right having a Delta Angle of 5°45'00", a radius of 957.11' for an arc length of 96.05' to a point, thence
(3) N 61°16'18" E for a distance of 5.96' to a point, thence
(4) Along a curve to the Left having a Delta Angle of 5°47'00", a radius of 1034.11' for an arc length of 104.38' to a point, thence
(5) N 55°29'17" E for a distance of 45.13' to the Northwest corner of Hanover Avenue and North Quebec Street; thence along the West line North Quebec Street S 7°57'43" E for a distance of 553.45' to a point at the Southwest corner of North Quebec Street and East Allen Street; thence along the South line of East Allen Street N 81°23'17" E for a distance of 678.83' to an iron pin set at the Northwest corner of Lot #2;
Thence along Lot #2 the following course and distances:
(1) S 27°11'30" E for a distance of 1032.47' to an iron pin set; thence
(2) S 55°10'20" W for a distance of 243.03' to an iron pin set; thence
(3) S 34°49'40" E for a distance of 160.00' to an iron pin set; thence
(4) N 54°56'04" E for a distance of 603.06' to an iron pin set; thence
(5) N 43°48'06" E for a distance of 727.05' to an iron pin set; thence
(6) N 72°56'55" E for a distance of 285.07' to an iron pin set; thence
(7) N 76°19'04" E for a distance of 378.08' to an iron pin set on the City of Allentown and the City of Bethlehem line; thence
(8) Along the City of Allentown and the City of Bethlehem line N 6°55'39" W for a distance of 413.29' to an iron pin set; thence along the lands of N/F Bruce Loch and James Burkos, N/F A-town Development Company, and N/F Raymond Perez, N 82°59'59" E for a distance of 396.87' to a point; thence along the lands of N/F Raymond Perez, the South line of Grandview Boulevard, and N/F Geraldine P. Holzinger N 81°45'17" E for a distance of 396.71' to a concrete monument found; thence along the lands of PA Lines LCC S 8°31'43" E for a distance of 469.16' to a point on the North line of Central Boulevard;
Thence along the North line of Central Boulevard the following courses and distances:
(1) Along a curve to the Right having a Delta Angle of 30°53'14", a radius of 798.97' for an arc length of 430.71' to a point, thence
(2) S 75°44'07" W for a distance of 205.24' to a point, thence
(3) S 66°28'27" W for a distance of 232.14' to a point,
Thence along the North line of River Drive the following courses and distances:
(1) S 69°08'28" W for a distance of 282.83' to a point; thence
(2) S 54°30'17" W for a distance of 507.39' to a point; thence
(3) S 50°28'17" W for a distance of 411.58' to a point; thence
(4) S 56°43'17" W for a distance of 384.03' to a point; thence
(5) Along a curve to the Left having a Delta Angle of 39°02'00", a radius of 256.69' for an arc length of 174.87' to a point, thence
(6) S 17°41'17" W for a distance of 83.85' to a point; thence
(7) Along a curve to the Right having a Delta Angle of 8°00'03", a radius of 346.78' for an arc length of 48.47' to a point,
Thence along the lands of N/F Norfolk Southern the following courses and distances:
(1) S 39°24'36" W for a distance of 139.28' to a concrete monument found; thence
(2) S 49°14'43" E for a distance of 6.14' to a point on the North line of River Drive;
Thence along the North line of River Drive the following courses and distances:
(1) S 44°33'17" W for a distance of 159.40' to a point; thence
(2) Along a curve to the Left having a Delta Angle of 14°07'00", a radius of 541.84' for an arc length of 133.50' to a point, thence
(3) S 30°26'17" W for a distance of 799.21' to a point; thence
(4) Along a curve to the Right having a Delta Angle of 18°38'50", a radius of 891.50' for an arc length of 290.14' to a point, thence
(5) S 49°05'07" W for a distance of 392.66' to a point; thence
(6) Along a curve to the Right having a Delta Angle of 8°09'10", a radius of 536.50' for an arc length of 76.34' to a point, thence
(7) S 57°14'17" W for a distance of 332.83' to a point; thence
(8) Along a curve to the Right having a Delta Angle of 10°36'40", a radius of 663.50' for an arc length of 122.88' to a point, thence
(9) S 46°37'37" W for a distance of 729.66' to a point; thence
(10) Along a curve to the Right having a Delta Angle of 8°41'30", a radius of 536.50' for an arc length of 81.39' to a point, thence
(11) S 55°19'07" W for a distance of 126.31' to a point at the Southeast limit of unopened South Maxwell Street; thence along East line of unopened South Maxwell Street N 7°40'54" W for a distance of 1981.82' to a concrete monument found;
Thence along the lands of N/F the Community Services for Children the following courses and distances:
(1) N 77°27'55" E for a distance of 343.59' to a point; thence
(2) N 82°36'13" E for a distance of 264.92' to a point; thence
(3) N 7°34'12" W for a distance of 48.78' to a point; thence
(4) N 10°07'23" E for a distance of 18.41' to a point; thence
(5) N 33°51'14" E for a distance of 77.17' to a point; thence
(6) N 6°18'35" W for a distance of 41.34' to a point; thence
(7) S 83°24'45" W for a distance of 56.39' to a point; thence
(8) N 6°18'23" W for a distance of 35.42' to a point; thence
(9) N 83°44'46" E for a distance of 56.41' to an iron pipe found; thence
(10) N 6°16'03" W for a distance of 223.32' to a point; thence
(11) S 83°06'05" W for a distance of 6.70' to a point; thence
(12) N 7°22'55" W for a distance of 78.48' to an iron pipe found; thence
(13) S 76°24'27" W for a distance of 46.07' to a point; thence
(14) N 13°36'19" W for a distance of 35.10' to an iron pipe found; thence
(15) N 76°12'08" E for a distance of 49.86' to an iron pipe found; thence
(16) N 7°25'05" W for a distance of 258.86' to an iron pipe found; thence
(17) S 83°23'26" W for a distance of 257.59' to a point;
Thence along the lands of N/F Baldeu Raj SharmaTrust, the East limit of East Pine Street and N/F Richard C. Birch Sr. N 1°54'54" W for a distance of 250.32' to a concrete monument found on the South line of East Gordon Street; thence along the South line of East Gordon street N 82°02'47" E for a distance of 319.05' to an iron pipe found at the Southeast corner of East Gordon North Oswego Streets; thence along the East line of North Oswego Street N 6°39'00" W for a distance of 8.01' to a point; thence along the lands of Kelly Brookhart and Mark MacNemara N 81°51'17" E for a distance of 229.30' to a concrete monument found; thence along the lands of N/F Tina Rivera, N/F Karl & Ruth Schuster, N/F Dee Ann Diaz, N/F Timothy Koppenhaver, N/F David & Ruth Koppenhaver, N/F Eugene & Constance Fritz, N/F Miriam Estrella, N/F David & Helen Galbraith, N/F Gary & Kay Matsco, N/F Charles & Jacqueline Scherer, N/F Sharon Peters, N/F Jeremy Ingle, and the East Limit of East Clair Street N 8°17'43" W for a distance of 733.25' to a point, thence along the East line of 1514 Inc. N 34°22'50" W for a distance of 152.66' to the place of BEGINNING.
CONTAINING 165.846-Acres.
BEING shown as Lot #1 on the Final Minor Subdivision Plan of the Allentown State Hospital prepared by the City of Allentown Department of Public Works, Drawing #06-005, dated July 20, 2007, last revised March 25, 2009.
LOT #2
ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the City of Allentown, Lehigh County, bounded and described as follows, to wit:
BEGINNING at an iron pin set on the south line of East Allen Street, said point being located North 81° 23' 17" East for a distance of 678.83 feet from the Southwest corner of North Quebec Street and the said point of BEGINNING being the Northwest corner of this described parcel; thence from the place of BEGINNING along the South line of East Allen Street and the South Line of Oil Process Systems North 81° 23' 17" East for a distance of 531.03 feet to a concrete monument found; thence along the lands of Bruce Loch and James Burkos the following nine (9) courses and distances;
(1) South 43° 13' 28" East - 11.42 feet to a concrete monument found; thence
(2) South 80° 16' 15" West - 54.97 feet to an iron pin found; thence
(3) South 7° 57' 07" West - 61.34 feet to a concrete monument found; thence
(4) South 61° 19' 56" East - 163.09 feet to a concrete monument found; thence
(5) North 68° 57' 39" East - 177.92 feet to a concrete monument found; thence
(6) North 58° 25' 17" East - 238.88 feet to a concrete monument found; thence
(7) North 23° 18' 43" West - 36.00 feet to a concrete monument found; thence
(8) North 82° 58' 20" East - 987.96 feet to a concrete monument found; thence
(9) North 82° 59' 59" East - 1.43 feet to a point; thence along Lot #1, the residue lands of the Commonwealth of Pennsylvania the following eight (8) courses and distances;
(1) South 6° 55' 39" East - 413.29 feet to a iron pin set; thence
(2) South 76° 19' 04" West - 378.08 feet to a iron pin set; thence
(3) South 72° 56' 55" West - 285.07 feet to a iron pin set; thence
(4) South 43° 48' 06" West - 727.05 feet to a iron pin; thence
(5) South 54° 56' 04" West - 603.06 feet to a iron pin; thence
(6) North 34° 49' 40" West - 160.00 feet to a iron pin set; thence
(7) North 55° 10' 20" East - 243.03 feet to a iron pin set; thence
(8) North 27° 11' 30" West - 1032.47 feet to the place of BEGINNING.
CONTAINING 29.321-Acres.
BEING shown as Lot #2 on the Final Minor Subdivision Plan of the Allentown State Hospital prepared by the City of Allentown Department of Public Works, Drawing #06-005, dated July 20, 2007, last revised March 25, 2009.
(c) Requirement for conveyance.--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) 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, 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) Covenants, conditions and restrictions.--The Secretary of General Services may impose any covenants, conditions, restrictions and reservations on the sale of the property as is deemed in the best interests of the Commonwealth of Pennsylvania.
(f) Easements.--The Secretary of General Services may grant or retain any easements necessary to effectuate this section.
(g) 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.
(h) Costs and fees.--All costs and fees incurred by the Department of General Services shall be borne by the grantee.
(i) Alternate disposition.--In the event that the conveyance authorized under subsection (a) is not completed within two years of the effective date of this subsection, the authority to convey the property under this section shall expire and 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.
(j) Proceeds.--The proceeds from the sale shall be deposited into the General Fund.