Section 3. (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 and convey to the Greater Wilkes-Barre Industrial Fund, its successors or assigns, upon the release of any option or right of repurchase purportedly held by Pennsylvania Gas and Water (PG&W) pursuant to an agreement entered into May 1, 1969, between Pennsylvania Gas and Water and the Wilkes-Barre Industrial Fund, which option or right is disputed by the Commonwealth, for a consideration of fair market value in the amount of $10,000 per acre, the following tract of land situate in Plains Township, Luzerne County, Pennsylvania, bounded and described as follows:
Beginning at a point in the northerly right-of-way line of State Highway, Legislative Route No.169 (Traffic Route No.115), leading easterly from Wilkes-Barre to Bear Creek, and in the southeasterly line of lands heretofore conveyed by the Hudson Coal Company to Michael Litchey and Tessie Litchey, his wife, by deed dated May 24, 1949, and recorded in Luzerne County Deed Book 1039, at Page 302;
Thence from said beginning point and along the southeasterly side line of said lands, now or formerly, of Michael Litchey, et ux, north 29 degrees 00 minutes east 434.00 feet, more or less, to the most northeasterly corner of said lands, said point being also in the division line between Certified Lots Numbers 15 and 16 in the Third Division of Certified Wilkes-Barre (now Plains) Township;
Thence from said point and along the northeasterly or rear line of said lands, now or formerly of Michael Litchey, et ux, the same being along the division line between Certified Lots Numbers 15 and 16 in said Third Division, north 61 degrees 00 minutes west 580.00 feet, more or less, to the southeasterly line of the Second Parcel described in deed dated January 25, 1909, from the Hudson Coal Company to the Spring Brook Water Supply Company, recorded in Luzerne County Deed Book 452, at Page 438;
Thence from said point and along the southeasterly and easterly side line of the First Parcel described in said above-mentioned deed, north 05 degrees 30 minutes east 40.00 feet, more or less, to an angle point in said line; and thence north 29 degrees 50 minutes west 145.00 feet, more or less, to a point;
Thence from said point and through lands of the Grantor herein, by a line passing through Certified Lots Numbers 15, 14, 13 and partly through Lot Number 12 in said Third Division, north 29 degrees 00 minutes east 1,700.00 feet, more or less, to a point in the southerly line of the Seventh Parcel described in deed dated January 25, 1909, from the Northern Coal and Iron Company to the Spring Brook Water Supply Company, recorded in Luzerne County Deed Book 452, at Page 434;
Thence from said point and along the southerly line of said Seventh Parcel of land, and also along the southerly line of the Sixth Parcel of land described in said deed, in a northeasterly direction 1,110.00 feet, more or less, to a point in the division line between Certified Lots Numbers 10 and 11 in said Third Division;
Thence from said point and passing through Certified Lot Number 10 in said Third Division, along the southerly side line of a 60-foot-wide strip of land centered on the present bed of what is known as the "Hill Creek and Laurel Run Canal" of the Pennsylvania Gas & Water Company about 710.00 feet, more or less, in a northeasterly direction to a point in the division line between Certified Lots Numbers 9 and 10 in said Third Division, said point being also in the southwesterly line of lands described in deed dated February 21, 1913, from Martha B. Phelps, et al, to the Spring Brook Water Supply Company, recorded in Luzerne County Deed Book 490, at Page 222;
Thence from said point and along said division line between Certified Lots Numbers 9 and 10 in said Third Division, being also along the southwesterly line of said lands of the Spring Brook Water Supply Company, south 61 degrees 00 minutes east 2,070.00 feet, more or less, to a point in the westerly line of lands, now or formerly, of the Spring Brook Water Supply Company;
Thence from said point and along the line of said lands, the same passing through said Certified Lot Number 10, south 14 degrees 15 minutes west 546.00 feet, more or less, to a point in the division line between said Certified Lots Numbers 10 and 11, said point being also the most northwesterly corner of the Second Parcel of land described in deed dated January 25, 1909, from the Northern Coal and Iron Company to the Spring Brook Water Supply Company, recorded in Luzerne County Deed Book 452, at Page 434;
Thence from said point and along the westerly line of said Second Parcel of land, and also along the westerly line of the Third Parcel described in said deed, the same passing through Certified Lots Numbers 11 and 12, south 14 degrees 15 minutes west 1,200.00 feet, more or less, to a point in the division line between Certified Lots Numbers 12 and 13, said point being also the most northerly corner of land described in deed dated November 30, 1951, from the Hudson Coal Company to Scranton-Spring Brook Water Service Company, recorded in Luzerne County Deed Book 1140, at Page 219;
Thence from said point and in the extension southerly of the aforesaid westerly line of the Second and Third Parcel of land above mentioned, and passing through Certified Lot Number 13, south 14 degrees 15 minutes west about 580.00 feet to a corner in the division line between Certified Lots Numbers 13 and 14 in said Third Division, said corner being also in the northeasterly line of the First Parcel described in deed dated June 6, 1911, from Anna M. Oliver, et al, to Spring Brook Water Supply Company, recorded in Luzerne County Deed Book 475, at Page 489;
Thence from said point and along the line of said lands, the same being also along the division line between Certified Lots Numbers 13 and 14, north 60 degrees 40 minutes west 2,080.00 feet, more or less, to a point, said point being the most northeasterly corner of Parcel Number 5 described in deed from the Pennsylvania Gas & Water Company to The Greater Wilkes-Barre Industrial Fund, Inc., about to be recorded in the Office of the Recorder of Deeds for Luzerne County;
Thence from said point and along the easterly line of said Parcel Number 5, and also along the easterly line of Parcel Number 6 of said conveyance, the same passing through Certified Lots Numbers 14, 15 and 16, south 29 degrees 00 minutes west 1,560.00 feet, more or less, to a point in the aforesaid northerly right-of-way line of State Highway, Legislative Route No.169, said point being more particularly fixed as being the point formed by the intersection of said Highway northerly right-of-way line with the division line between Certified Lots Numbers 16 and 17;
Thence from said point and along the northerly right-of-way line of said Highway, by a curve to the left in a northwesterly direction for an arc distance of 1,200.00 feet, more or less, to a point, the place of beginning.
Containing 200.00 acres of land, be the same more or less, and being parts of Certified Lots Numbers 10, 11, 12, 13, 14, 15 and 16 in the Third Division of Certified Wilkes-Barre (now Plains) Township.
Being part of three conveyances of land into The Greater Wilkes-Barre Industrial Fund, Inc., as follows:
The first by deed from Blue Coal Corporation dated May 1, 1969, and recorded in Luzerne County Deed Book 1666, at Page 1045; the second by deed from the Pennsylvania Gas & Water Company; and the third by deed from the Pennsylvania Power & Light Company.
Excepting and reserving coal and other minerals as the same are excepted and reserved in the prior chain of title.
((a) amended Nov. 21, 1990, P.L.544, No.135)
(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, tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.
(c) The Wilkes-Barre Industrial Fund shall have the option to purchase the land herein described or any portion thereof for a period of five years from the effective date of this act. Conveyance of the lands herein authorized shall be deferred until any such purchase or purchases occur, and title shall remain with the Commonwealth of Pennsylvania, Department of General Services, until such time as the Wilkes-Barre Industrial Fund compensates the Department of General Services for said property. The Wilkes-Barre Industrial Fund may purchase all of the property included in this option in a single transaction, or may purchase all or part of the property in separate parcels. For the purchase by the Wilkes-Barre Industrial Fund, the Department of General Services shall be paid at the rate of $10,000 per acre for all full and any partial acres included in the transaction, as measured by survey. Upon expiration of the five-year option period, the Department of General Services may offer for sale any of the property remaining in the name of and titled to the Commonwealth. Such sale shall be made in accordance with the provisions of the act of July 1, 1981 (P.L.143, No.48), entitled "An act amending the act of April 9, 1929 (P.L.177, No.175), entitled 'An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,' providing for the fixing of fees charged by administrative agencies; further providing for public relations and budgets; further providing for the purchases of handicapped-made products and services; providing for the disposition and legislative review relating to Commonwealth surplus land and making repeals."
(d) The Wilkes-Barre Industrial Fund shall, prior to March 1, 1991, pay to the Commonwealth of Pennsylvania, Department of General Services, the sum of $500,000. This nonrefundable deposit shall be credited toward the purchase price of the property, if sold in a single transaction, or the purchase prices of any parcels sold in separate transactions. ((d) amended Nov. 21, 1990, P.L.544, No.135)
(e) If, after the five-year option period, less than 5% of the property subject to this option has not been conveyed to the Wilkes-Barre Industrial Fund, the Wilkes-Barre Industrial Fund shall purchase this remaining acreage for $10,000 per acre.
(f) The deed or deeds of conveyance shall contain the following clauses:
(1) That coal and other minerals are excepted and reserved as the same are excepted and reserved in the prior chain of title.
(2) A covenant running with the land providing that the property conveyed shall be used only for light industrial, research and development, health-related, office and governmental purposes, enforceable by action of the Commonwealth.
((f) amended Nov. 21, 1990, P.L.544, No.135)
(g) The deed or deeds of conveyance 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.
(h) Costs and fees incidental to this conveyance shall be borne by the grantee. The grantee shall prepare and provide to the Commonwealth of Pennsylvania, Department of General Services, surveys and legal descriptions for inclusion in deeds of conveyance as set forth in this act.