Section 4. Kutztown Borough, Berks County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the Borough of Kutztown, for fair consideration as determined by independent appraisal, the Apple Alley Garage situate in Kutztown Borough, Berks County, Pennsylvania, described in subsection (b).
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 1 acre seven and fourteen one hundredths (7.14) perches and a maintenance building bounded and more particularly described as follows:
Tract 1
BEING a certain lot or piece of ground together with the one (1) story frame garage erected thereon, situate on the western side of Pennsylvania Avenue between Normal Avenue and Sander Alley, in the Borough of Kutztown, County of Berks and State of Pennsylvania, bounded on the north by property belonging to the Estate of David Adam, deceased, on the east by residue portion of Pennsylvania Avenue (unopened), on the south by property belonging to George T. Deibert, and on the west by a twenty (20) feet wide alley known as Apple Alley, and being more fully bounded and described as follows, to wit:
BEGINNING at a corner marked by an iron pin in Pennsylvania Avenue, a distance of one hundred sixty feet (160') northwardly from the northern topographical building line of Normal Avenue, thence leaving the aforesaid Pennsylvania Avenue, passing through a marble stone on the western topographical building line of same, thirty two feet one eighth inch (32' 0-1/8") from the last described corner and making an interior angle of ninety degrees eight minutes (90 degrees 08') with the aforesaid Pennsylvania Avenue, a distance of one hundred ninety two feet (192') to a corner marked by a marble stone on the eastern side of a twenty (20) feet wide alley known as Apple Alley; thence in a northerly direction location same, making an interior angle of eighty nine degrees fifty two minutes (89 degrees 52') with the last described line, a distance of two hundred thirty seven feet (237') to a corner marked by a marble stone; thence leaving and making an interior angle of ninety degrees eight minutes (90 degrees 08') with aforesaid Apple Alley and in an easterly direction along property belonging to the Estate of David Adam, deceased, passing through a marble stone on the western topographical building line of the aforesaid Pennsylvania Avenue, thirty two feet one eighth inch (32' 0-1/8th") from the next described corner, a distance of one hundred ninety two feet (192') to a corner marked by an iron pin in the aforesaid Pennsylvania Avenue; thence in and along same in a southerly direction, making an interior angle of eighty nine degrees fifty two minutes (89 degrees 52') with the last described line, a distance of two hundred thirty seven feet (237') to the place of Beginning. CONTAINING one (1) acre seven and fourteen one hundredths (7.14) perches.
BEING the same premises which Percy H. Keodinger, Singleman, by his deed dated September 13, 1948, and about to be recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania, granted and conveyed unto Borough of Kutztown, party hereto, and BEING DELINEATED on blue print attached to this deed and made a part hereof.
(c) Proceeds.--The proceeds from the sale of the land and armory shall be deposited in the State Treasury Armory Fund.
(d) 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.
(e) Execution.--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) Alternate disposition.--In the event the conveyance is not executed within three months of the effective date of this act, the Department of General Services may dispose of the property in accordance with section 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.