Section 2. (a) The Department of Transportation, with the approval of the Governor, is hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey to Bernard C. Banks, Jr., for fair market value as determined by an independent appraiser approved by the Department of Transportation, the following tract of land situate in Kingston Township, Luzerne County, Pennsylvania, bounded and described as follows:
Beginning at an iron pin corner on the westerly side of Pennsylvania Department of Transportation State Route 1036, said corner being 50 feet westerly from the construction center line Station 58+85.00 and shown as corner A-1 on map of property plat of the Pennsylvania Department of Transportation, thence along the right-of-way line of said State route as shown on said map north 31 degrees 31 minutes 23 seconds east a distance of 253.31 feet to an iron pin corner; thence along the division line of land of the Pennsylvania Department of Transportation and land of L. B. Sharpe et ux., north 70 degrees 22 minutes 52 seconds west a distance of 141.45 feet to an iron pin corner; thence along the right-of-way line of Old Carverton Road on a curve to the left with a radius of 794.02 feet, the following bearings and chord distances: (1) south 16 degrees 28 minutes 49 seconds west a distance of 20.11 feet to a wood stake corner; (2) south 15 degrees 34 minutes 05 seconds west a distance of 25 feet to a wood stake corner; (3) south 14 degrees 38 minutes 56 seconds west a distance of 25 feet to a wood stake corner; (4) south 12 degrees 00 minutes 47 seconds west a distance of 25 feet to a wood stake corner; (5) south 10 degrees 12 minutes 28 seconds west a distance of 25.10 feet to a wood stake corner; (6) south 09 degrees 40 minutes 17 seconds west a distance of 25 feet to a wood stake corner; (7) south 08 degrees 58 minutes 21 seconds west a distance of 25 feet to an iron pin corner; thence along said right-of-way line south 07 degrees 00 minutes 40 seconds west a distance of 69.14 feet to an iron pin corner. Thence along the right-of-way line of a road approach south 57 degrees 50 minutes 17 seconds east a distance of 54.01 feet to an iron pin corner, the place of beginning containing 0.56 acres, more or less. Comprising a parcel of land being bounded on the north by land of L. B. Sharpe et ux., on the east by State Route 1036, on the south by road approach and on the west by Old Carverton Road. Being a portion of lots 135, 136 and 137, section 1, Meadow-Crest Division, Kingston Township, Pennsylvania. Excepting on this parcel of land an Agreement No. 54710 dated July 30, 1975, between Pennsylvania Department of Transportation and the Meadow Crest Water Company providing for the relocation of water facilities to accommodate Legislative Route 40124, section 2.
(b) The conveyance shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.
(c) The deed of conveyance shall contain conditions that no building may be done upon the land and the land must be preserved in its natural condition or that the land will revert to the Commonwealth.
(d) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of Transportation in the name of the Commonwealth of Pennsylvania.
(e) Costs and fees incidental to this conveyance shall be borne by the grantee.
(f) Moneys received from the conveyance shall be deposited in the Motor License Fund.