Section 1. Conveyance in Hartley Township, Union County.
(a) Authorization.--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 the tracts of land described in subsection (b) and the improvements erected thereon to Mountain Valley, Inc., a Maryland Corporation, for consideration equal to fair market value, as determined by an independent appraisal.
(b) Description.--All those certain tracts or parcels of land, with improvements thereon erected, situate in Hartley Township, Union County, Pennsylvania, more particularly bounded and described as follows:
TRACT 1
ALL THAT CERTAIN parcel of land shown as Existing Parcel No. 1 on an addition lot subdivision prepared by Larson Design Group dated November 9, 1997 and recorded in the Union County Recorder of Deeds Office in Plat Book 19, Page 54.
CONTAINING 266.429-acres.
TRACT 2
ALL THAT CERTAIN parcel of land shown as Residual Lands of the Commonwealth of Pennsylvania on an addition lot subdivision prepared by Larson Design Group, dated November 9, 1997, and recorded in the Union County Recorder of Deeds Office in Plat Book 19, Page 54.
CONTAINING 5.993-acres.
TRACT 3
ALL THAT CERTAIN parcel of land shown as Existing Parcel No. 2 on an addition lot subdivision prepared by Larson Design Group, dated November 9, 1997, and recorded in the Union County Recorder of Deeds Office in Plat Book 19, Page 54.
CONTAINING 64.428-acres.
(c) Easements.--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 any 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.
(d) General land use restriction.--The conveyance shall be under and subject to the condition, which shall be contained in the deed, that no portion of the property being conveyed shall be used as a licensed facility as that term is defined in 4 Pa.C.S. § 1103 (relating to definitions) or for 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. If a grantee, its successors or assigns permit the property authorized to be conveyed in this section, or any portion of the property, to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Agricultural restriction.--That portion of the land as described in Tract 3 of subsection (b) that is currently subject to the provisions of the act of June 18, 1982 (P.L.549, No.159), entitled, "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," shall continue to be subject to the restrictions provided for in that act, and a restrictive covenant limiting the uses of the property to agricultural and open space uses shall be placed in the deed.
(f) Proceeds.--
(1) Except as provided in paragraph (2), the proceeds of the conveyance shall be paid into the State Treasury and deposited in the General Fund.
(2) The portion of the proceeds of the conveyance attributed to the property described in Tract 3 of subsection (b), which portion shall be determined by an independent appraisal, shall be deposited into the Agricultural Conservation Easement Purchase Fund.
(g) Approval.--The deed 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.--Costs and fees incidental to the conveyance shall be borne by the grantee.
(i) Alternate disposal.--In the event that the conveyance under this section is not executed within one year of the effective date of this section, the property may be disposed of 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.