Conveyance in Morgan and Franklin Townships, Greene County, Pennsylvania

Act 34 of 2005, § 1, under CONVEYANCE - COMMONWEALTH LANDS IN MORGAN AND FRANKLIN TOWNSHIPS, GREENE COUNTY, AND DANVILLE, MONTOUR COUNTY, AND LEASING LAND WITHIN BED OF DELAWARE RIVER.

Act 34 of 2005, § 1

Section 1. Conveyance in Morgan and Franklin Townships, Greene County, Pennsylvania.

(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 to Basalt Trap Rock Company, or their assigns, all that certain land and improvements thereon, known as the Waynesburg State Correctional Institution, described in subsection (b) for $990,000.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 117 acres described as follows:

Beginning at a White Oak corner to lands of Warren Jacobs and Stephen Crayne Estate, thence by lands of Stephen Crayne Estate and Joseph Harding, north 54 degrees 36 minutes east 2242.77 feet to a point; thence by lands of Joseph Harding north 54 degrees 36 minutes east 529.32 feet to a point; thence by lands of Ed Burnfield, north 10 degrees 6 minutes west 86.55 feet to a point, thence by lands of W. H. R. Hoge Estate, north 74 degrees 7 minutes 30 seconds east 232.75 feet to a point, thence by the same, north 56 degrees 55 minutes 30 seconds east 921.33 feet to a point; thence by lands of John B. Harry, south 8 degrees 39 minutes east 131.82 feet to a point, thence by same, north 64 degrees 30 minutes east 898.6 to a White Oak; thence by same south 43 degrees 15 minutes east 1445.4 feet to a point; thence by lands of Ben Jacobs, south 22 degrees 45 minutes east 561 feet to a point, thence along Ten Mile Creek, north 87 degrees 24 minutes west 1389.79 feet to a point, thence by same south 6 degrees 30 minutes west 346.5 feet to a point, thence by lands of Noah Sproat, north 81 degrees 15 minutes west 874.5 feet to a point, thence by same north 64 degrees 13 minutes west 582.5 feet to a point, thence by same south 84 degrees 37 minutes west 63.35 feet to a point, thence by same south 46 degrees 13 minutes west 19.15 feet to a point, thence by same south 46 degrees 13 minutes west 2272.67 feet to a point, thence by lands of Warren Jacobs, north 53 degrees 55 minutes west 921.2 feet to a White Oak, the place of Beginning.

Containing: 117.0577 acres, more or less, according to a survey made June, 1960, by Fred L. Miller, Registered Surveyor.

Being the same lands conveyed to the Commonwealth of Pennsylvania by deed of the General State Authority, dated June 16, 1989, and recorded in Greene County Deed Book 74, page 895.

(c) Easements.--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 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) Land use restriction.--Any conveyance authorized under this act shall be made under and subject to the condition, which shall be contained in the deed of conveyance, that no portion of the parcels conveyed shall be used as a licensed facility as that term is defined in 4 Pa.C.S. § 1103 (relating to definitions) or similar type of facility authorized under the laws of this Commonwealth. The condition shall be a covenant running with the land and shall be binding upon the grantee, its successors and assigns. Should any grantee, its successors or assigns permit any parcel conveyed in this act, or any portion thereof, to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) Execution.--The deed of conveyance shall be by Special Warranty Deed and shall 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) Nonconveyance.--In the event that this conveyance is not executed within six months of the effective date of this act, the property may be disposed of in accordance with Article 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.