Conveyance in the Borough of West Pittston, Luzerne County

Act 24 of 2022, § 1, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES AND REPEALS.

Act 24 of 2022, § 1

Section 1. Conveyance in the Borough of West Pittston, Luzerne County.

(a) Authorization.--The Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey, to the Borough of West Pittston, the following tract of land together with any buildings, structures or improvements thereon, situate in the Borough of West Pittston, Luzerne County for $35,000, under terms and conditions to be established in an agreement of sale.

(b) Property description.--The property to be conveyed under subsection (a) consists of a tract of land totaling approximately 3.33 acres, including all buildings, structures and improvements located thereon, more particularly described as follows:

ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Pittston, County of Luzerne, and Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING at a corner on the southeasterly side of Second Street, said corner being 200.00 feet south 58 degrees 00 minutes west from the southwesterly intersection of Second and Atlantic Streets; thence south 32 degrees 00 minutes east, 406.00 feet, more or less, to the westerly line of Susquehanna Avenue to an iron pipe; thence along the westerly line of Susquehanna Avenue south 70 degrees 07 minutes west 409.12 feet to a corner; thence north 32 degrees 00 minutes west, 320.13 feet, more or less, to the southerly line of Second Street; thence along the southerly line of Second Street, north 58 degrees 00 minutes east, 400.00 feet, to the point of beginning.

Containing: 3.33 acres of land, more or less.

BEING Tax Parcel No. 65-E11NE4-013-006-0.

BEING the same parcel of land conveyed by the Borough of West Pittston to the Commonwealth of Pennsylvania, by deed dated September 17, 1955 and recorded September 27, 1955, in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania, in Deed Book Volume 1289, Page 291.

(c) Existing encumbrances.--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.--The 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 and 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 conveyance shall be by special warranty deed to 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) Alternate disposition.--If the conveyance is not effectuated within 18 months after the effective date of this section, the property may be disposed of in accordance with section 2405-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(h) Proceeds.--The proceeds from the sale shall be deposited into the State Treasury Armory Fund.