Section 3. Conveyance in City of Pittsburgh, Allegheny County.
(a) Authorization.--The Department of General Services, with the approval of the Department of Corrections and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey the following tracts of land, together with any buildings, structures or improvements thereon, situate in the City of Pittsburgh, Allegheny County, to John Bradley Wimer for $140,000, under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of two tracts totaling approximately 0.16 acre of land, including all buildings, structures and improvements located thereon, more particularly described as follows:
ALL THOSE CERTAIN LOTS OR PIECES OF GROUND situate in the 27th Ward of the City of Pittsburgh (formerly 11th Ward of the City of Allegheny), County of Allegheny, and Commonwealth of Pennsylvania, being part of Lot No. 20 in Michael Geyer Heirs Plan No. 2, as the same is recorded in the Recorder's Office of Allegheny County in Plan Book Volume 19, page 177, being bounded and described as follows, to wit:
BEGINNING at a point on the Westerly side of Shadeland (formerly Geyer) Avenue at the dividing line between Lots Nos. 21 and 20 in said plan; thence along said Westerly side of Shadeland Avenue, South 8 degrees 15 minutes East, a distance of 49.0 feet to a point; thence South 81 degrees 45 minutes West, and parallel with the dividing line between said Lots Nos. 21 and 20, a distance of 125 feet to a point; thence North 6 degrees 15 minutes West and parallel with said Shadeland Avenue, a distance of 49.0 feet to the dividing line between Lots Nos. 21 and 20 in said Plan; and thence North 81 degrees 45 minutes East, along the dividing line between Lots Nos. 21 and 20, a distance of 125 feet to the place of beginning.
BEGINNING at a point at the intersection of Lots Nos. 2, 3, 20 and 21 in said Plan said point being distant 142.5 feet Eastwardly measured along the dividing line between Lots Nos. 2 and 3 in said plan from the Easterly side of McClure Avenue; thence along the dividing line between Lots Nos. 20 and 21 in said plan; Eastwardly, 17.5 feet to line of land of Lenore Schwerd Getty; thence along said land, Southwardly, 49.0 feet to line of land of Irene Schwerd Fisher; thence along said land, parallel with the dividing line between Lots Nos. 20 and 21 in said Plan, Westwardly 17.5 feet to the dividing line between Lots Nos. 3 and 20 in said Plan; thence along said dividing line, Northwardly, 49.0 feet to the place of beginning.
THE above two described parcels together make a lot 49 feet, more or less, fronting on the Westerly side of Shadeland Avenue and extending back therefrom a uniform width of 49 feet to a uniform depth of 142.5 feet, and having erected thereon a two and one-half story brick building on the Easterly portion and a stucco garage on the Westerly portion thereof, said lot in its entirety being designated as Block No. 75-D, Lot No. 136 in the Allegheny County Deed Registry records.
Under and subject to a driveway agreement of an entire width totaling 7 ½ feet with its center line being the boundary line of the South side of the lot herein conveyed and the North side or boundary of land now or formerly owned by I.S. Fisher, as provided in the said agreement between Irene Schwerd Fisher, widow, and Lenora Schwerd Getty, also known as Lenore Schwerd Getty, widow, dated March 15, 1947, and recorded in Allegheny County Deed Book Volume 2949, at Pate 69.
Being the same premises conveyed by James J. Carson, a single man, and Margaret Hall-Owens Carson, widow, to the Commonwealth of Pennsylvania by deed dated June 2,1952 and recorded at the Office of the Recorder of Deeds of Allegheny County at Deed Book Volume 3172 Page 709.
BEING Tax Parcel No. 75-D-136.
(c) Conditions.--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) 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 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) Covenants, conditions and restrictions.--The Secretary of General Services may impose any covenants, conditions or restrictions on the property described in subsection (b) at settlement as determined to be in the best interests of the Commonwealth.
(g) Alternate disposition.--In the event that the conveyance authorized herein is not completed within one year after the effective date of this subsection, the authority to convey the property to John Bradley Wimer as set forth in subsection (a) shall expire, and 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 General Fund.