Conveyance in East Stroudsburg Borough, Monroe County

Act 140 of 2016, § 3, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES.

Act 140 of 2016, § 3

Section 3. Conveyance in East Stroudsburg Borough, Monroe County.

(a) Authorization.--The Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the Salvation Army, or its successors or assigns, the following tract of land together with any buildings, structures or improvements thereon, situate in the Borough of East Stroudsburg, Monroe County, for $75,000, and under terms and conditions to be established in an Agreement of Sale with the Department of General Services.

(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of approximately 0.60-acres of land and improvements located thereon, bounded and more particularly described as follows:

ALL THAT CERTAIN lot or piece of land with improvements thereon erected, situate in the Borough of East Stroudsburg, County of Monroe and Commonwealth of Pennsylvania, bounded and described, as follows, to wit:

BEGINNING at an iron bolt in the southeasterly side of Washington Street, a corner of this and also of lands now or late of William A. Gilbert Company, thence extending along the southeasterly side of Washington Street, with bearings from the Magnetic Meridian of 1902, north thirty-four degrees fifteen minutes east, one hundred and eleven feet to a corner of lands now or formerly of Edith Brockley, thence by the said land crossing the head of a certain alley fifteen feet wide, (which head line of said alley is fifteen and forty-seven one-hundredths feet) and extending along other land of Luther S. Hoffmann and others of which this was part, two hundred and twenty-seven and fifty-seven one-hundredths feet to a point, thence by other land of Luther S. Hoffmann, south twenty-seven degrees thirty-five minutes east forty-two and three-tenths feet to a corner of concrete wall in the northwesterly side of East Brown or Brown Street, thence south sixty-two degrees fifteen minutes west along the said side of East Brown or Brown Street one hundred and two and five-tenths feet to an iron bolt a corner of this and land now or late of William A. Gilbert Company, thence along the same north fifty-five degrees forty minutes west two hundred and fifteen and one-tenth feet to the place of BEGINNING.

Containing 0.60 acres, more or less.

BEING Parcel ID No. 05730120719604.

BEING the same premises conveyed from Monroe Armory Association, to the Commonwealth of Pennsylvania, by deed dated October 11, 1922 and recorded in the Monroe County Recorder of Deeds Office in Deed Book Volume 88, Page 2.

(c) Requirement for conveyance.--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 act to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) Discretion of Secretary of General Services.--The Secretary of the Department of General Services shall have the authority to impose any covenants, conditions and restrictions as deemed in the best interests of the Commonwealth.

(f) 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 of Pennsylvania.

(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(h) Deposit of proceeds.--The proceeds from the sale shall be deposited in the State Treasury Armory Fund.

(i) Alternate disposition.--In the event that this conveyance is not executed per the terms and conditions as established in the Agreement of Sale, with the Department of General Services, the property may be disposed of by competitive bid.