Section 4. Conveyance in Greene Township, Franklin County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Winebrenner Theological Seminary certain lands and improvements thereon, being known as the Scotland School for Veterans' Children, situate in Greene Township, Franklin County, under terms, conditions and for consideration to be established in an agreement of sale with the Department of General Services.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 165.96 acres, more or less, and all improvements thereon, being more particularly bounded and described as follows, subject to an official survey and plan:
All those hereinafter described tracts of land situated in Greene Township, Franklin County, and bounded and described as follows:
Tract 1
BEGINNING at a point in the middle of the Conococheague Creek, thence by land N/F of Caroline Thomas, South forty nine (49) degrees West twelve and eight tenths (12.8) rods to a white oak; thence by the same, South 4 and a half (4 1/2) degrees East twenty two (22) rods to a point (formerly a white oak) on the line of land N/F of the said George H. Stewart; thence South eighty six (86) degrees West one hundred and five and six tenths (105.6) rods to a point in the public road and leading from Scotland to Chambersburg; thence by land N/F of said George H. and Alexander Stewart, North three (3) degrees East Eighty six (86) rods to a point on the line of the right of way of the Cumberland Valley Railroad Company and thirty (30) feet from the middle thereof; thence by said right of way, North fifty eight (58) degrees East ninety seven (97) rods to a point thirty (30) feet from the middle of said right of way; thence by the same, North sixty one (61) degrees East forty eight and fifty five one hundredths (48.55) rods to a point seventy five (75) feet from the middle of said right of way; thence by the same North fifty eight (58) degrees East twenty and one fourth (20 1/4) rods to a point in the middle of said creek and seventy five (75) feet from the middle of said right of way; thence up the creek by its several courses and distances one hundred and eighty six and three tenths (186.3) rods to the place of BEGINNING.
CONTAINING 100-acres.
BEING the same piece or parcel of land conveyed by George H. Stewart et al, to the Commonwealth of Pennsylvania, by deed dated February 20, 1894, recorded in the Office of Recorder of Deeds for Franklin County in Deed Book 101, Page 189.
Tract 2
BEGINNING at a point in the public road leading from Chambersburg to Scotland on line of lands N/F of George H. Stewart, thence along said road North eighty six (86) degrees East fourteen and one tenths (14 1/10) perches to a pin or stone at the corner of lands of the Commonwealth of Pennsylvania; thence by the lands of the Commonwealth of Pennsylvania North three (3) degrees East eighty-six (86) perches to a point on the East line of the Cumberland Valley Railroad right of way sixteen and one-half (16 1/2) feet from the line of the land N/F of William Pentz at this point; thence by land of the Commonwealth of Pennsylvania, along the East line of said right of way a distance of thirty (30) feet from the middle of the railroad track with the curves of the same North fifty-two and one half (52 1/2) degrees East twenty-two and fifty-one hundredths (22 51/100) perches to a point, thirty (30) feet from the middle of said track, thence by the same fifty-six and one-half (56 1/2) degrees East twenty-two and fifty-one one hundredths (22 51/100) perches to a point thirty (30) feet from the middle of said track; thence by the same North fifty-eight (58) degrees East fifty-three perches to a point thirty (30) feet from the middle of said track; thence along the same North sixty-one (61) degrees East forty-eight and fifty-five hundredths (48 55/100) perches to a point seventy-five (75) feet from the middle of said track; thence by the same at a distance of seventy-five (75) feet from the middle of said track North fifty-eight (58) degrees East twenty and one-fourth (20 1/4) perches to a point in the Conococheaque Creek; thence along the middle of said creek by the several courses and distances of the same by lands N/F of B.C. Oyler, John G. Youst et al, one hundred and sixty-three and five tenths (163 5/10) perches to a point; thence by lands N/F of John G. Youst South eleven and three fourths (11 3/4) degrees West from a point in the middle of the dam, eight-seven and eight-tenths (87 8/10) perches to a point on the Cumberland Valley Railroad at corner of lands N/F of William Pentz; thence by lands N/F of said William Pentz South eleven and three fourths (11 3/4) degrees West eighty-eight (88) perches to the place of BEGINNING.
CONTAINING 44-acres and one hundred and nineteen (119) perches neat measure including half of the creek and public road.
BEING the same piece or parcel of land conveyed by Alexander Stewart, to the Commonwealth of Pennsylvania, by deed dated January 14, 1905, recorded in the Office of Recorder of Deeds for Franklin County in Deed Book 136, Page 118.
Tract 3
BEGINNING at a point on the public road leading from Chambersburg to Scotland at lands of the Commonwealth of Pennsylvania (formerly of Alexander Stewart); thence South eighty eight (88) degrees West nine and four tenths (9 4/10) perches; thence South sixty-three and one-half (63 1/2) degrees West twenty-six and two-tenths (26 2/10) perches; thence along lands of John Eby (formerly Peter Farner) South thirty-four and three-fourths (34 3/4) degrees West forty-five (45) perches to the right of way of the Cumberland Valley Railroad; thence North fifty-one (51) degrees East ninety-seven and one-tenth (97 1/10) perches to a point; thence along lands of the Commonwealth of Pennsylvania (formerly Alexander Stewart) South twelve (12) degrees West eighty-seven and two-tenths (87 2/10) perches to the place of BEGINNING.
CONTAINING 21-acres and thirty-six (36) perches neat measure.
BEING the same piece or parcel of land conveyed by William Pentz, to the Commonwealth of Pennsylvania, by deed dated January 30, 1905, recorded in the Office of Recorder of Deeds for Franklin County in Deed Book 136, Page 121.
THE ABOVE DESCRIBED TRACTS collectively being Tax Parcel Nos. 09-0C13-030 and 09-0C13-030A.
(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) Conditions.--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) Reservations.--The Department of General Services is hereby authorized, on behalf of the Commonwealth of Pennsylvania, to grant or reserve any such easements on the property, known as the Scotland School for Veterans' Children, as the Secretary of General Services shall determine are appropriate or necessary to effectuate this section.
(f) Modifications.--The Department of General Services is authorized to make minor modifications to the legal descriptions contained in this section, within its conveyance documents, based on a final boundary survey and minor subdivision plan.
(g) Deeds 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.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(i) Proceeds.--The amount of all costs and fees incurred by the Department of General Services in physically maintaining the property since its closure in 2008 and preparing the property for sale shall be deducted from the proceeds of the sale and transferred to the appropriation from which the costs and fees were paid by the Department of General Services. The balance of the proceeds of the sale shall be deposited into the General Fund.
(j) Required sales agreement.--If the grantee and the Department of General Services cannot reach a mutually acceptable agreement of sale within six months of the effective date of this section, 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.