Section 3. Conveyance in Charleston Township, Tioga County.
(a) Authorization for land conveyance and property description.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Tioga County a tract of land preliminarily described as follows, the final description to be determined upon completion of subdivision, together with any buildings, structures and improvements thereon, being a part of the grounds of the Wellsboro Readiness Center, as part of a land exchange, under terms and conditions to be established in an agreement of sale:
ALL THAT CERTAIN lot of land situate in Charleston Township, Tioga County, Pennsylvania, designated as Lot A, as surveyed by Land Services Group, dated September 5, 2023, titled "Land Swap Subdivision Between Lands of The Commonwealth of Pennsylvania and The County of Tioga," being bounded and described as follows:
BEGINNING at point along the existing centerline of Shumway Hill Road, said point being a corner in common with lands of The County of Tioga, the Grantee herein, having a reference of Deed Book 94 at page 58, and shown as Lot B-1 on the above referenced subdivision plan, being a corner in common with remaining lands of The Commonwealth of Pennsylvania, having a reference of Record Book 739 at page 7553, and shown as Lot A-1 on the above referenced subdivision plan, said point being the northeasterly corner of the lot herein described; THENCE, leaving Lot B-1 and along Lot A-1 and with the existing centerline of Shumway Hill Road, S 09° 18' 32" E, a distance of 60.41 ft. to a point; THENCE, leaving the existing centerline of Shumway Hill Road and continuing along Lot A-1, passing through an iron rod set 30.0 ft. from said centerline and passing through an iron rod set 55.0 ft. from a point along the tributary to Charleston Creek, S 87° 20' 03" W, a distance of 331.11 ft. to a point along said tributary to Charleston Creek, being a corner in common with aforementioned Lot B-1; THENCE, leaving Lot A-1 and along Lot B-1 and through the bounds of the tributary to Charleston Creek, N 23° 11' 19" E, a distance of 66.67 ft. to a point; and, passing through an iron rod found 27.9 ft. from the aforementioned existing centerline of Shumway Hill Road, N 87° 20' 03" E, a distance of 295.04 ft. to the POINT OF BEGINNING.
CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
(b) Authorization for acceptance of land and property description.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is hereby authorized on behalf of the Commonwealth of Pennsylvania to accept from Tioga County a tract of land preliminarily described as follows, the final description to be determined upon completion of subdivision, together with any buildings, structures and improvements thereon, as part of a land exchange, under terms and conditions to be established in an agreement of sale:
ALL THAT CERTAIN lot of land situate in Charleston Township, Tioga County, Pennsylvania, designated as Lot B, as surveyed by Land Services Group, dated September 5, 2023, titled "Land Swap Subdivision Between Lands of The Commonwealth of Pennsylvania and The County of Tioga" being bounded and described as follows:
BEGINNING at point along the existing centerline of Shumway Hill Road, said point being a corner in common with lands of The Commonwealth of Pennsylvania, the Grantee herein, having a reference of Record Book 739 at page 7553, and shown as Lot A-1 on the above referenced subdivision plan and being the northeasterly corner of the lot herein described; THENCE, leaving Lot A-1 and with the existing centerline of Shumway Hill Road, S 11° 11' 02" E, a distance of 73.60 ft. to a point, being a corner in common with remaining lands of The County of Tioga, having a reference of Deed Book 94 at page 58, and shown as Lot B-1 on the above referenced subdivision plan; THENCE, leaving the existing centerline of Shumway Hill Road and along Lot B-1, passing through an iron rod set 30.0 ft. from said centerline, S 78° 10' 06" W, a distance of 257.26 ft. to an iron rod set, and, N 07° 50' 01" W, a distance of 73.78 ft. to an iron rod found at a corner in common with aforementioned Lot A-1; THENCE, leaving Lot B-1 and along Lot A-1, passing through an iron rod found 34.2 ft. from the aforementioned existing centerline of Shumway Hill Road, N 78° 10' 06" E, a distance of 252.94 ft. to the POINT OF BEGINNING.
CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
BEING a portion of a larger tract of land conveyed by Benjamin Austin and Fanny J. Austin, his wife, to Tioga County by deed dated December 8, 1866 and recorded in Tioga County Deed Book 40 at Page 382; by Horatio Austin and Mollie D. Austin, his wife, to The County of Tioga, by deed dated September 8, 1891 and recorded in Tioga County Deed Book 94 at page 58; and by Arthur M. Brewster and Harriet E. Brewster, his wife, to Tioga County by deed dated June 6, 1894 and recorded in Tioga County Deed Book 101 at page 343.
(c) Conditions.--The conveyance authorized by subsection (a) 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) Prohibition.--The conveyance authorized by subsection (a) 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 by subsection (a) to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Restrictions.--The Secretary of General Services may include in the deed of conveyance authorized by subsection (a) any covenants, conditions or restrictions on the property as determined to be in the best interests of the Commonwealth.
(f) Easements.--The Department of General Services is hereby authorized, on behalf of the Commonwealth of Pennsylvania, to grant any easements benefiting the property to be conveyed under subsection (a), or to retain any easements from the property to be conveyed under subsection (a), as the Secretary of General Services shall determine to be necessary or appropriate.
(g) Deed of conveyance.--The conveyance authorized by subsection (a) shall be made by special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(h) Costs and fees.--Any title insurance premiums, recording fees and any other costs and fees incurred by the Department of General Services, or otherwise incidental to the land exchange authorized by this section, shall be borne by Tioga County.
(i) Expiration.--If the land exchange is not effectuated within three years after the effective date of this subsection, the authority provided under this section shall expire.