Section 7. Conveyance in Clinton Township, Lycoming County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized on behalf of the Commonwealth to grant and convey to West Branch Regional Authority a tract of land being a portion of Muncy State Correctional Institution, situate in Clinton Township, Lycoming County, for $300,000 and under terms and conditions to be established in a lease and option to purchase agreement with the department.
(b) Description of property.--The property to be conveyed under subsection (a) consists of a tract of land containing 14.00 acres + and any improvements thereon, being bounded and more particularly described as follows:
ALL THAT CERTAIN TRACT OR PIECE OF LAND, situate in the Township of Clinton, County of Lycoming and State of Pennsylvania, bounded and described, according to an actual survey thereof, made by Thomas Lloyd on the Eleventh day of March, 1882, as follows:
BEGINNING at a post in the line or Right of Way of the Philadelphia and Erie Railroad; thence by land now or formerly of the Estate of Joshua Bowman, deceased, North 12-3/4° East thirty and eighty-six hundredths (30.86) perches to a post; thence by same North 37-1/2° West forty-six and nine-tenth (46.9) perches to a point in the center of the road leading from Muncy to Montgomery; thence along the center of said road, North 52° East fifty-four and fifty-six hundredths (64.56) perches to a post; thence by land now or formerly belonging to Hugh Montgomery, South 52-1/2° East twenty-seven and sixteen hundredths (27.16) perches to a point in the right of way of the Philadelphia and Erie Railroad; thence along the right of way of said Railroad the following courses and distances: South 19-1/4° West six and seventy-two hundredths (6.72) perches; South 21-1/2° West thirteen and two tenth (13.2) perches; South 22-3/4° West seventeen and five-tenth (17.5) perches; South 26-1/2° West eighteen (18) perches; South 29-3/4° West twenty- six and eight-tenth (26.8) perches; and South 37° West twelve and eight-tenth (12.8) perches to the place of beginning. (The final legal description and acreage of the property to be conveyed shall be determined by a formal survey/subdivision plan prepared by a Pennsylvania-licensed land surveyor prior to conveyance.)
EXCEPTING AND RESERVING, however, from the said described tract of land the following tract conveyed by John Kift to the Philadelphia and Erie Railroad, by deed dated February 16, 1903, recorded in the Recorder's Office of Lycoming County in Deed Book Volume 151 page 336, bounded and described as follows:
BEGINNING at a stake in the line of right of way of said Railroad; thence by line curving toward the West, with a radius of five thousand and ninety-eight (5,098) feet, a distance of six hundred feet (600) to a stake; thence North 63° 45' West on hundred (100) feet to a stake; thence by a line curving towards the West with a radius of forty-nine hundred ninety-eight (4,998) feet a distance of six hundred seventeen and and six- tenth (617.6) feet; and thence South 51° 50' East one hundred five and three tenth (105.3) feet to the beginning. Containing one and three hundred ninety-eight thousandth (1.398) acres.
BEING a portion of Tax ID No. 7-392-101.
AND BEING the same piece or parcel of land conveyed to the Commonwealth of Pennsylvania, from Jennie B. Kift, widow of William H. Kift, by deed dated April 9, 1915 in the office of the Recorder of Deeds of Lycoming County, Pennsylvania, in Deed Book 219, Page 474.
(c) Interests.--The conveyance shall be made under and subject to:
(1) all lawful and enforceable easements, servitudes and rights of others, including streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies; and
(2) all lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected on the land.
(d) Gaming restriction.--The 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. If 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.--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.
(f) Costs and fees.--Costs and fees incidental to the conveyance shall be borne by the grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited in the General Fund.
(h) Expiration.--If a lease and option to purchase agreement between the parties is not executed within 12 months of the effective date of this section, the authorization contained in this section shall expire.