Section 2. Bedford County.
(a) 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, sell and convey to Everett Foodliner, Inc., for consideration equal to the fair market value as determined by an independent appraisal a tract of land as further described below. The property to be conveyed is a single tract of land situate in the Borough of Everett, Bedford County, Pennsylvania, bounded and described as follows:
Beginning at the northwest corner of a 16.5-foot alley on the south side of West Main Street, said point being south 61 degrees 39 minutes 37 seconds west, 281.5 feet from the western right-of-way of Juniata Street; thence south 61 degrees 39 minutes 37 seconds west, 102.50 feet to a point on the south side of Main Street; thence south 28 degrees 20 minutes 23 seconds west, 363.56 feet to a point on the northern property line of the Everett Flood Control property; thence along said property south 85 degrees 31 minutes 52 seconds west, 35.90 feet to a true Point of Beginning; thence the following six bearings by the land N/F Everett Flood Control (GSA Project No. 105-1): south 84 degrees 43 minutes 43 seconds west, 142.65 feet; south 84 degrees 43 minutes 47 seconds west, 91.24 feet; south 84 degrees 43 minutes 47 seconds west, 142.85 feet; south 83 degrees 3 minutes 10 seconds west, 76.77 feet; south 70 degrees 47 minutes 56 seconds west, 99.06 feet; north 37 degrees 42 minutes 25 seconds west 25.24 feet to a found iron pin; thence by the land N/F James E. Fitch, north 56 degrees 57 minutes 3 seconds east, 164.80 feet; thence along said lands north 28 degrees 42 minutes 27 seconds west, 36.89 feet to a point; thence by land N/F Robert and Joe M. Appleby south 88 degrees 47 minutes 39 seconds east, 61.62 feet; thence by land N/F Charles Appleby and Ray S. Koontz south 86 degrees 52 minutes 49 seconds east, 63.42 feet; thence by land N/F Robert and Joe M. Appleby north 88 degrees 36 minutes 22 seconds east, 40.38 feet; thence by land N/F Ray S. Koontz and Charles Appleby the following seven bearings: south 67 degrees 48 minutes 44 seconds east, 44.05 feet; north 28 degrees 20 minutes 23 seconds west, 12.00 feet; north 80 degrees 30 minutes 48 seconds east, 43.32 feet; south 75 degrees 18 minutes 53 seconds east, 82.07 feet; south 72 degrees 37 minutes 57 seconds east, 85.92 feet; south 64 degrees 54 minutes 20 seconds east, 39.08 feet to a True Point of Beginning.
Containing 0.823 acres, more or less.
Less and accepting the Borough of Everett's existing permanent ten-foot-wide right-of-way across the tract of land as set forth in the lease purchase agreement between Everett Foodliner, Inc., and the Commonwealth of Pennsylvania, dated July 17, 1998.
(b) The conveyance authorized by this section 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, cable, water, electric, sewer, gas or pipeline companies, as well as under the subject to any lawful and enforceable interest, estates or tenancies vested in third persons, appearing of record, for any portion of the land or improvements erected thereon.
(c) The deed of conveyance authorized by the section 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. In the event that this conveyance is not executed within 12 months of the effective date of this act, the property shall be disposed of in accordance with Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(d) Costs and fees incidental to the conveyance authorized by this section shall be borne by the grantees.