Section 9. Conveyance in Borough of Wyoming, Luzerne County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the Borough of Wyoming the tracts of land described under subsection (b), together with any buildings, structures or improvements thereon, situate in the Borough of Wyoming, Luzerne County, for $500,000, 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 four tracts of land totaling approximately 3.91 acres, including all buildings, structures and improvements located thereon, more particularly described as follows:
Tract 1
ALL THAT CERTAIN surface or right of soil of that certain tract of land situated in the Borough of Wyoming, County of Luzerne, and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a corner of land, late of Sarah Henry on Wyoming Avenue, the main road leading through Wyoming Borough; thence along Wyoming Avenue south forty nine and three-quarters (49 ¾) degrees west, one hundred twenty one (121) feet to a corner; thence north forty one and a half (41 ½) degrees west two hundred eight and one half (208 ½) feet to a corner; thence south forty nine and three quarters (49 ¾) degrees west sixteen and one half (16 ½) feet more or less to a corner of land late of Payne Pettebone; thence north forty one and one half (41 ½) degrees west three hundred twenty six and nine tenths (326 9) feet more or less to a corner of land late of J. P. Atherton; thence north twenty five and one half (25 ½) degrees east sixty eight and one half (68 ½) feet; thence north thirty eight and one half (38 ½) degrees east seventy seven (77) feet to the corner of land, late of Sarah Henry; thence along the lands late of said Sarah Henry south forty one and one half (41 ½) degrees east five hundred seventy five and six tenths (575.6) feet more or less to the place of beginning.
CONTAINING one acre, one hundred ten and fifteen one hundredths (110.15) rods of land more or less.
EXCEPTING and RESERVING all the coal and other minerals in the same manner and to the same extent as the same are excepted in several deeds in the chain of title to said land, in particular in Deed of William and Isabella Hancock to Mount Look Coal Company, dated February 27, 1893 and recorded in Deed Book No. 314, Page 505, Luzerne County, Pennsylvania.
BEING the same tract of land conveyed by the Wyoming Realty Company to the Commonwealth of Pennsylvania, by deed dated November 4, 1946, and recorded November 21, 1946, in the Office of the Recorder Deeds of Luzerne County, Pennsylvania, in Deed Book 879, Page 417.
Tract 2
ALL THAT CERTAIN tract of land located in the Borough of Wyoming, County of Luzerne, and Commonwealth of Pennsylvania, described as follows:
BEGINNING at a corner in the Northwesterly side of Wyoming Avenue, said corner being the divided line between lands now or formerly of Grace M. Shoemaker and lands of now or formerly of Gomer W. Morgan and Mary S. Morgan, his wife; thence by lands of now or formerly Grace M. Shoemaker, North 41° 30' West, a distance of five hundred thirty-eight feet (538.0) to a point across Abram's Creek; thence by lands now or formerly of the Pennsylvania Coal Company, South 87° 15' East, a distance of thirty one feet (31.0) to a point; thence by same, North 28° 45' East, a distance of sixteen and five tenths feet (16.5) to a point; thence by same, North 25° 30' East, a distance of thirty-three and five tenths feet (33.5) to a point; thence, recrossing Abram's Creek and lands of the Commonwealth of Pennsylvania, South 41° 30' East, a distance of three hundred twenty-nine feet (329.0) to a point; thence by same, North 49° 00' East, a distance of seventeen feet (17.0) to a point; thence by same, South 41° 30' East, a distance of two hundred eight and fifty one hundredths feet (208.50) to a point; thence along Wyoming Avenue, South 49° 00' West, a distance of eighty eight feet (88.0) to the place of beginning.
CONTAINING .9 acres, more or less.
BEING the same tract of land conveyed by Gomer W. Morgan and Mary S. Morgan, his wife, to the General State Authority, by deed dated February 18, 1955, and recorded February 18, 1955, in the Office of the Recorder Deeds of Luzerne County, Pennsylvania, in Deed Book 1264, Page 497.
Tract 3
ALL THAT CERTAIN tract of land located in the Borough of Wyoming, County of Luzerne, and Commonwealth of Pennsylvania, described as follows:
BEGINNING at a point in the dividing line between lands now or formerly of Grace M. Shoemaker, widow, and Jemina Grey, said point being one hundred eighty-five feet (185.0) North-westerly from Wyoming Avenue; thence by lands now or formerly of Jemima Gray, North 41° 30' West, a distance of one hundred two feet (102.0) to a point in a wire fence; thence by lands now or formerly of Mae Cooper VanHorn and crossing Abram's Creek, North 34° 00' West, a distance of two hundred ninety one feet (291.0) to a point; thence by lands now or formerly of the Pennsylvania Coal Company, South 87° 20' East, a distance of sixty and five tenths feet (60.5) to a point; thence by lands of now or formerly Gomer W. Morgan, et ux, South 41° 30' East, a distance of three hundred fifty two feet (352.0) to a point; thence by other lands now or formerly of Grace M. Shoemaker, South 49° 00' West, a distance of eighty five and three tenths feet (85.3) to the place of beginning.
CONTAINING .7 acres, more or less.
BEING the same tract of land conveyed by Grace M. Shoemaker, widow, to the General State Authority, by deed dated February 17, 1955, and recorded February 18, 1955, in the Office of the Recorder Deeds of Luzerne County, Pennsylvania, in Deed Book 1264, Page 500.
The Department of General Services is the successor to the General State Authority pursuant to Act 45 of 1975.
Tract 1, Tract 2 and Tract 3 are collectively known as Tax Parcel No. 67-E10SE4-001-003-000.
Tract 4
ALL THAT CERTAIN surface or right of soil of all that piece or parcel of land located in the Borough of Wyoming, County of Luzerne, and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the Northwesterly side of Wyoming Avenue, in the dividing line of land now or formerly of Grace M. Shoemaker, widow, and land now or formerly of Jemina Grey;
THENCE along Wyoming Avenue in a Northeasterly direction, 85.3 feet to a corner of land of the General State Authority, formerly of Mrs. William H. Shoemaker;
THENCE North 41 degrees 30 minutes West, 186.87 feet, more or less, to a point in line of lands conveyed by Grace M. Shoemaker, widow, to the General State Authority;
THENCE along said line South 49 degrees 00 minutes West, 85.3 feet, more or less, to a point;
THENCE South 41 degrees 30 minutes East, 185 feet, more or less, to the place of beginning.
TOGETHER with and subject to all easements, covenants, appurtenances, reservations and conditions, including the sidewalk and bed of Wyoming Avenue as far as the title will extend.
BEING the same piece or parcel of land acquired by the General State Authority pursuant to Declaration of Taking, filed in the Office of the Prothonotary of the Court of Common Pleas of Luzerne County on January 4, 1973, at Docket No. 61 of 1973, with a notice of the Declaration of Taking recorded at the Office of the Recorder of Deeds of Luzerne County at Deed Book 1770, Page 631.
ALSO, BEING the same premises the General State Authority conveyed to the Commonwealth of Pennsylvania, acting by and through the Department of General Services, by deed dated June 19, 1989 (tract 131 only) and recorded March 25, 1991, in Deed Book 2373, Page 1, at the Office of the Recorder of Deeds of Luzerne County.
Tract 4 is known as Tax Parcel No. 67-E10SE4-001-013-000
(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) Gaming restriction.--Any 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 under this section used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Use restriction.--((e) repealed Oct. 4, 2023, P.L.32, No.8)
(f) Deed.--The conveyance shall be made by a special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(h) Alternate disposition.--If the conveyance is not effectuated within two years 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.
(i) Proceeds.--The proceeds from the sale shall be deposited into the General Fund.