Section 4. Conveyance in Derry Township, Westmoreland County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to ACMIII, LP, certain lands, and any improvements located thereon, situate in Derry Township, Westmoreland County, for $36,000 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 this section consists of a tract of land totaling 11.40 acres more or less, and any improvements thereon, bounded and more particularly described as follows:
ALL THAT CERTAIN LOT OR PIECE OF LAND situate in Derry Township, County of Westmoreland, described as follows, to wit:
BEGINNING at a point in Torrance Road where said point is at the intersection of Parcel 3 and Parcel 4 of the lands of N/F ACM III LP, thence from said point of beginning, South 18 degrees 35 minutes 13 seconds West, a distance of 1632.45 feet to a point being the most northerly point of said parcel being the true place of beginning, thence from said point and through lands of ACM III LP Parcel 3, South 44 degrees 44 minutes 12 seconds East, a distance of 554.39 feet to an iron pin, thence by same, South 31 degrees 54 minutes 59 seconds West, a distance of 815.16 feet to an iron pin, thence by same, North 51 degrees 06 minutes 59 seconds West, a distance of 635.61 feet to an iron pin, thence by same, North 37 degrees 56 minutes 51 seconds East, a distance of 870.86 feet to an iron pin being the place of beginning.
CONTAINING: 11.40-acres more or less.
BEING Tax Parcel No. 45-18-00-0-074.
ALSO BEING the same premises conveyed by H. C. Frick Co. to the Commonwealth of Pennsylvania by deed, dated July 27, 1920, and recorded in the Recorder of Deeds Office of the County of Westmoreland in Deed Book 704, Page 343.
(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) Prohibited use.--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) 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.
(f) Costs.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(g) Alternate disposition.--In the event that the Department of General Services and the grantee cannot reach a mutually acceptable agreement of sale within one year from 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.
(h) Deposit of proceeds.--Proceeds from the sale shall be deposited into the General Fund.