Section 4. Frenchcreek Township, Venango County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Public Welfare, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Frenchcreek Township, Venango County, approximately 1.15 acres and improvements thereon, together with a 50' right-of-way, situate in Polk Borough, Venango County, for fair consideration equal to the fair market value as determined by an independent appraisal.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 1.15 acres and improvements, together with a 50' right-of-way, known as Pines School and being a part of Polk Center, more particularly described as follows:
ALL THAT CERTAIN piece or parcel of land, situate in Polk Borough, Venango County, Pennsylvania, said parcel being bounded and described as follows:
COMMENCING AT A POINT, marked by a re-bar and cap on the east right-of-way line of S.R. 3024 and the south right-of-way line of the Pines School Road;
Thence North 52° 02' 31" East a distance of 743.13 feet along the south right-of-way line of Pines School Road to a re-bar and cap, said point being the POINT OF BEGINNING;
Thence North 52° 02' 31" East a distance of 250.00 feet along the south right-of-way line of Pines School Road to a re-bar and cap;
Thence South 37° 57' 29" East a distance of 200.00 feet to a re-bar and cap;
Thence South 52° 02' 31" West a distance of 250.00 feet to a re-bar and cap;
Thence North 37° 57' 29" West a distance of 200.00 feet to a re-bar and cap, said point being the POINT OF BEGINNING;
CONTAINING AN AREA of 50,000 square feet or 1.15-acres;
TOGETHER with a right-of-way for ingress and egress over the existing Pines School Road which has a 50 foot right-of-way width;
BEING DEPICTED on a Plan entitled Minor Subdivision for Commonwealth of Pennsylvania, Department of General Services, prepared by Land and Mapping Services, and dated December 5, 2002, revised December 18, 2002.
(c) Easements.--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) Deed execution.--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.
(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.