Section 1. (a) Authorization for land in South Heidelburg Township, Berks County.--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 to the Wernersville Municipal Authority the tract of land described in subsection (b) for fair consideration based on a fair market value as determined by an independent appraisal in accordance with the terms of a certain lease agreement between Wernersville Municipal Authority and the Commonwealth of Pennsylvania acting through the Department of General Services, Commonwealth of Pennsylvania, dated the 14th day of May 1999.
(b) Description.--The property to be conveyed pursuant to subsection (a) is all that certain parcel or tract of land situate at the southwestern corner of Hospital Lane and Furnace Road in the Township of South Heidelberg, County of Berks, Commonwealth of Pennsylvania, as shown on Drawing No. 5221-131- C-011, dated October 11, 1999, prepared by Spotts, Stevens and McCoy, Inc. Consulting Engineers of Reading, Pennsylvania, and being more fully bounded and described as follows, to wit:
BEGINNING at a railroad spike found at or near the centerline intersection of Hospital Lane and Furnace Road (T-382) and on the northwestern line of property belonging to Kenneth A. Orr and Polly Kahl; thence along said land and running partially along the center on Furnace Road, South forty-two degrees forty- two minutes sixteen seconds West (S. 42 degrees 42' 16" W.), a distance of three hundred five and eighty hundredths feet (305.80') to a steel pipe found; thence along property belonging to Francis W. and Maebelle S. Ruth, South four degrees twenty- three minutes zero seconds West (S. 04 degrees 23' 00" W.), a distance of eighty-nine and thirty-two hundredths feet (89.32') to a steel pin set; thence through property belonging to the Commonwealth of Pennsylvania (Wernersville State Hospital), grantor herein, the two (2) following bearings and distances, viz: (1) passing through a steel pin set on line seventy-five and zero hundredths feet (75.00') from the last described corner, North forty-seven degrees thirty-eight minutes twenty- five seconds West (N. 47 degrees 38' 25" W.), a distance of two hundred eighty and thirty-nine hundredths feet (280.39') to a steel pin set, and (2) passing through a steel pin set on line twenty-five and zero hundredths feet (25.00') from the next described corner, North forty-two degrees twenty-one minutes thirty-five seconds East (N. 42 degrees 21' 35" E.), a distance of three hundred seventy-seven and six hundredths feet (377.06') to a railroad spike set in or near the center of Hospital Lane; thence along or near the center of Hospital Lane, being the southwestern line of property belonging to Evelyn B. Willetts Revocable Living Trust, Evelyn B. Willetts and J. MacDonald Willets, Trustees, South forty-seven degrees twenty-five minutes twenty seconds East (S. 47 degrees 25' 20" E.), a distance of two hundred twenty-seven and twenty-seven hundredths feet (227.27') to the PLACE OF BEGINNING.
CONTAINING IN AREA two and zero hundredths acres (2.00 Acres) of land.
BEING A PORTION OF THE SAME PROPERTY which the General State Authority by deed dated December 3, 1985 and recorded in Deed Book Volume 1893, Page 333, Berks County Records at Reading, Pennsylvania, granted and conveyed unto the Commonwealth of Pennsylvania.
(c) Easements.--The conveyance shall be made under and subject to any and all easements for utilities which cross said property, including, but not limited to, streets, roadways and rights of any storm sewer, electric service, potable water service, as well as under and subject to any interest, estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.
(d) Execution.--
(1) The deed of conveyance shall be approved as provided
by law and shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(2) In the event this property is not conveyed to
Wernersville Municipal Authority within five years of the
effective date of this act but improvements are made to this
property by Wernersville Municipal Authority, the property,
at the discretion of the Secretary of General Services, may
be offered for sale through auction, sealed bid or request
for proposal, under terms of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
and conditions in section 2405-A of The Administrative Code
of 1929 authorizing the sale of the herein-noted property to
Wernersville Municipal Authority shall automatically cease
and become null and void.
(3) In the event this property is not conveyed to
Wernersville Municipal Authority within said five-year period
and no improvements are made to this property by the
Wernersville Municipal Authority under said lease, the land
shall remain subject to the provisions of the act of June 18,
1982 (P.L.549, No.159), entitled "An act providing for the
administration of certain Commonwealth farmland within the
Department of Agriculture."
(e) Costs.--All other costs and fees, including, but not limited to, appraisal fees, title insurance and surveys, incidental to this conveyance shall be borne by the Grantee.
(f) Disposition of proceeds.--The proceeds from the sale of the land described in this act shall be credited to the Agricultural Conservation Easement Purchase Fund.