Section 6. Conveyance in Windsor Township, Berks 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 Berks County Intermediate Unit the following tract of land together with any buildings, structures and improvements thereon, situate in Windsor Township, Berks County, being a portion of the former Hamburg Center, for $25,000, 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 5.80 acres, including all buildings, structures and improvements located thereon, more particularly described as follows:
ALL THAT CERTAIN piece or parcel of land situate in Windsor Township, County of Berks, Commonwealth of Pennsylvania, shown as Lot 4 on a Final Subdivision Plan for Commonwealth of Pennsylvania, Department of General Services, prepared by NAVTech, Inc., dated February 8, 2019, last revised April 16, 2021, and recorded October 28, 2021, in Berks County Recorder of Deeds Office, as Instrument Number 2021053915, bounded and described as follows:
BEGINNING at an iron pin on the legal right-of-way line of S.R. 4028 (Old 22); thence along the lands now or formerly of Salvatore Fiore North 32°43'00" West a distance of 402.66 feet to an iron pipe; thence along the same North 30°40'06" West a distance of 63.14 feet to an iron pin; thence along Residual Lot 1 of the Final Subdivision Plan for the Lands of Commonwealth of PA Dept. of General Services recorded October 28, 2021 in the Berks County, Pennsylvania Recorder of Deeds office as Instrument No. 2021053915 North 67°24'11" East a distance of 396.02 feet to an iron pin; thence along the same North 58°07'13" East a distance of 233.22 feet (erroneously described as 342.45 feet on plan) to an iron pin; thence along Lot 3 of the above mentioned subdivision plan South 36°17'19" East a distance of 353.05 feet to an iron pin on the legal right-of-way line of S.R. 4028 (Old 22); thence following the legal right-of-way line of S.R. 4028 (Old 22) South 53°42'42" West a distance of 648.56 feet to an iron pin, the place of BEGINNING.
Containing: 252,671.88 square feet or 5.80 acres TOGETHER WITH a 50' right-of-way through Lot 3, as shown on a Final Subdivision Plan for Commonwealth of Pennsylvania, Department of General Services, prepared by NAVTech, Inc., dated February 8, 2019, last revised April 16, 2021, and recorded October 28, 2021, in Berks County Recorder of Deeds Office, as Instrument Number 2021053915, bounded and described as follows:
BEGINNING at a concrete monument set on the right-of-way line of S.R. 4028 (Old 22); thence along a curve to the left having a radius of 10.00 feet, an arc length of 13.14 feet and a chord bearing of North 16°03'56" East a distance of 12.22 feet to a point; thence North 21°34'50" West a distance of 8.98 feet to the BEGINNING of said 50' right-of-way; thence along a curve to the left having a radius of 10.00 feet, an arc length of 18.21 feet and a chord bearing of North 73°44'36" West a distance of 15.80 feet to a point; thence South 54°05'37" West a distance of 172.26 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 17.85 feet and a chord bearing of South 64°19'19" West a distance of 17.76 feet to a point; thence South 74°33'01" West a distance of 100.13 feet to a point on the dividing line of Lot 3 and Lot 4; thence North 36°17'18" West a distance of 53.50 feet to a point; thence North 74°33'01" East a distance of 119.16 feet to a point; thence North 54°05'37" East a distance of 191.52 feet to a point; thence along a curve to the left having a radius of 10.00 feet, an arc length of 12.45 feet and a chord bearing of North 18°25'43" East a distance of 11.66 feet to a point; thence along a curve to the left having a radius of 455.00 feet, an arc length of 34.50 feet and a chord bearing of South 19°24'30" East a distance of 34.49 feet to a point; thence South 21°34'50" East a distance of 37.36 feet to a point; the place of BEGINNING.
EXCEPTING AND RESERVING a 50' right-of-way through Lot 4 to provide access for Lot 3, Residual Lot 1, and Lot 4, as shown on a Final Subdivision Plan for Commonwealth of Pennsylvania, Department of General Services, prepared by NAVTech, Inc., dated February 8, 2019, last revised April 16, 2021, and recorded October 28, 2021, in Berks County Recorder of Deeds Office, as Instrument Number 2021053915, bounded and described as follows:
BEGINNING at an iron pin at the southwest corner of Lot 4; thence North 32°43'00" West a distance of 227.78 feet to the BEGINNING of said 50' right-of-way; thence North 32°43'00" West a distance of 85.68 feet to a point; thence along a curve to the right having a radius of 10.00 feet, an arc length of 12.28 feet and a chord bearing of South 67°53'49" East a distance of 11.52 feet to a point; thence along a curve to the right having a radius of 75.00 feet, an arc length of 29.46 feet and a chord bearing of North 88°10'31" East a distance of 29.27 feet to a point; thence South 80°34'21" East a distance of 195.27 feet to a point; thence along a curve to the left having a radius of 25.00 feet, an arc length of 19.89 feet and a chord bearing of North 76°38'14" East a distance of 19.37 feet to a point; thence North 53°50'50" East a distance of 389.07 feet to a point; thence along a curve to the right having a radius of 75.00 feet, an arc length of 27.10 feet and a chord bearing of North 64°11'56" East a distance of 26.95 feet to a point; thence North 74°33'01" East a distance of 31.15 feet to a point on the boundary line of Lot 4 and 3; thence South 36°17'18" East a distance of 53.50 feet to a point; thence South 74°33'01" West a distance of 50.18 feet to a point; thence along a curve to the left having a radius of 25.00 feet, an arc length of 9.03 feet and a chord bearing of South 64°11'56" West a distance of 8.98 feet to a point; thence South 53°50'50" West a distance of 389.07 feet to a point; thence along a curve to the right having a radius of 75.00 feet, an arc length of 59.66 feet and a chord bearing of South 76°38'14" West a distance of 58.10 feet to a point; thence North 80°34'21" West a distance of 170.32 feet to a point; thence along a curve to the left having a radius of 10.00 feet, an arc length of 23.06 feet and a chord bearing of South 33°21'19" West a distance of 18.28 feet to a point, the place of BEGINNING.
BEING part of PIN 449514431213.
BEING part of the same premises that Sarah Stine, et al, conveyed to the Commonwealth of Pennsylvania, by deed date July 1, 1910, and recorded July 2, 1910, in the Office of the Recorder of Deeds of Berks County, Pennsylvania, in Deed Book Volume 363, Page 425.
(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) Conditions.--
(1) 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.
(2) Any conveyance authorized under this section shall be made under and subject to the condition that the grantee, its successors and assigns shall utilize the property solely for the operation of an Education Center 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 $207,000 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.
(e) Deed.--The conveyance shall be made 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 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.
(h) Proceeds.--The proceeds from the sale shall be deposited into the General Fund.