Section 5. Grant and conveyance of Erie Armory.
(a) Authorization.--The Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to QRS Realty Corp. certain lands and building thereon, being known as the Erie Armory, situate in the City of Erie, Erie County, for $330,000 and under terms and conditions 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 2.29 acres, more or less, and an armory building bounded, and more particularly described as follows:
All that certain tract of land situate in the First Ward of the City of Erie, County of Erie, Commonwealth of Pennsylvania, being all of in-lots 1993, 1996, 1998, 1999, 2002, 2003 and parts of in-lots 1994, 1995, 1997 and 2006, and being more particularly bounded and described as follows:
BEGINNING at a point at the northwesterly intersection of East Sixth Street and Parade Street, being the southeasterly corner of in-lot 1993; thence westwardly along the northerly line of East Sixth Street 165 feet to a point on the dividing line between in-lots 1996 and 1997; thence northwardly along said dividing line a distance of 127.5 feet to a point; thence westwardly and parallel to the northerly line of East Sixth Street a distance of 5 feet to a point; thence northwardly and parallel to the westerly line of Parade Street a distance of 37.5 feet to a point on the dividing line between in-lots 1997 and 1998; thence westwardly along the southerly line of in-lots 1998 and 1999, 2002, 2003 and part of 2006 and parallel to the northerly line of East Sixth Street a distance of 365 feet to a point on the dividing line of in-lots 2005 and 2006; thence northwardly and parallel to the easterly line of German Street a distance of 165 feet to a point on the southerly line of East Fifth Street, said point being 125 feet distant from the southeasterly corner of the intersection of German Street and East Fifth Street; thence along said southerly line of East Fifth Street a distance of 402.5 feet to a point, being 132.5 feet distant from the southwesterly corner of the intersection of East Fifth Street and Parade Street; thence southwardly and parallel to the westwardly line of Parade Street a distance of 120 feet to a point; thence eastwardly and parallel to the southerly line of East Fifth Street a distance of 132.5 feet to a point on the westerly line of Parade Street, said point being distant 120 feet from the southwesterly corner of East Fifth Street and Parade Street; thence along said westerly line of Parade Street a distance of 210 feet to the northwesterly corner of the intersection of East Sixth Street and Parade Street, being the place of beginning.
BEING the same premises conveyed to the Commonwealth of Pennsylvania by:
(1) Deed of Arthur W. Brevillier, executor and trustee under the will of C.M. Conrad, deceased, to the Commonwealth of Pennsylvania, dated December 8, 1919 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 241, Page 524, conveying part of in-lots 1994 and 1995.
(2) Deed of Arthur W. Brevillier, executor and trustee under the will of C.M. Conrad, deceased, to the Commonwealth of Pennsylvania, dated December 8, 1919 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 241, Page 526, conveying in-lot 1993 and part of 1996.
(3) Deed of Erie Brewing Company to the Commonwealth of Pennsylvania dated December 30, 1939 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 399, Page 663, conveying in-lots 1998, 1999, 2002 and parts of in-lots 1995 and 1996.
(4) Quitclaim deed of the City of Erie to the Commonwealth of Pennsylvania dated June 20, 1941 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 413, Page 217, conveying in-lot 2003 and part of 2006.
(5) Treasurer's deed of James D. Walker by the Treasurer of Erie County to the Commonwealth of Pennsylvania dated May 21, 1940 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 414, Page 189, conveying in-lot 2003 and part of 2006.
(6) Deed of Erie Brewing Company to the Commonwealth of Pennsylvania dated December 31, 1956 and recorded in the Office of Recorder of Deeds of Erie County, Pennsylvania, Deed Book 747, Page 87, conveying part of in-lot 1997.
BEING Erie County Tax Parcel No. (14) 10-11-100.
KNOWN as the Erie Armory at 350 East 6th Street, City of Erie, Erie, Pennsylvania.
(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) Deed 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.
(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited in the State Treasury Armory Fund.
(h) 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 the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, at a price to be determined through a competitive bidding process with proceeds to be deposited as provided in subsection (g).