Section 3. City of Bethlehem.
(a) The Department of General Services, with the approval of the Governor and the Commissioner of the Pennsylvania State Police, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant, sell and convey to B.D. and D. Associates for consideration equal to the fair market value as determined by an independent appraisal the tract of land described in subsection (b).
(b) The property to be conveyed pursuant to this section is the following tract of land situate in the City of Bethlehem, bounded and described as follows:
All that certain tract of land situate in Ward 13, in the City of Bethlehem, as shown on and described in accordance with a survey prepared by Barry Isett & Associates, P.C., Trexlertown, Pennsylvania, dated February 18, 1997, as follows: commencing at an iron pipe at the northwesterly corner of the lands of B D and D Associates; thence along said lands of B D and D Associates, South 01 degree 02 minutes 50 seconds East, 365.13 feet to a bent iron pipe and the point of beginning of the lands to be described; thence continuing along the same, South 00 degrees 53 minutes 40 seconds East, 476.19 feet; thence along the lands of Joseph A. and Rosaline Colabella, South 88 degrees 57 minutes 50 seconds West, 185.00 feet; thence through the lands of the grantor, North 00 degrees 53 minutes 40 seconds West, 476.15 feet; thence along the lands of Alcom Printing Group, Incorporated, North 88 degrees 57 minutes 10 seconds East, 185.00 feet to the point of beginning.
Containing 2.0223 acres.
Being a portion of that tract which was granted to the Department of General Services by deed dated September 30, 1985, recorded in Deed Book 1364, Page 604.
(c) 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) The Deed of Conveyance shall contain a clause that directs the Grantee to redesign, modify and maintain the existing storm water retention pond located on the property described in subsection (b) and partially located on the adjacent remaining Commonwealth-owned property. The clause shall also require the Grantee to acquire any Federal, State or local approvals required for said storm water retention pond to handle the storm water requirements of the adjacent remaining Commonwealth-owned property. The clause shall also direct the Grantee to allow Grantor, so long as Grantor owns adjacent property, the opportunity to review and approve all plans associated with the redesign and modification of the storm water retention pond and to require the Grantee to modify the storm water retention pond without disrupting the activities of any Commonwealth agencies on the remaining adjacent Commonwealth-owned property. Grantee and all heirs and successors in interest are expressly required to maintain the storm water retention pond serving the remaining adjacent Commonwealth property for the benefit of the Commonwealth and its successors in interest to the property.
(e) 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. In the event this property is not conveyed to B.D. and D. Associates within 12 months of the effective date of this act, at the discretion of the Secretary of General Services the property shall be offered for sale through auction, sealed bid or request for proposal, under terms and conditions in Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(f) Costs and fees incidental to this conveyance shall be borne by the Grantee.