Section 7. Conveyance in City of Nanticoke, 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 City of Nanticoke certain land and buildings situate in the City of Nanticoke, Luzerne County, for fair market value of $860,000 on terms to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under subsection (a) consists of approximately 5.483 acres and improvements thereon bounded and more particularly described as follows:
All the surface or right of soil of that certain lot, piece, parcel or tract of land situate in the City of Nanticoke, Luzerne County, Pennsylvania, more particularly bounded and described as follows, to-wit:
BEGINNING at Corner l on the Southerly side of the right-of-way of the Pennsylvania Railroad Co., formerly the North Branch Railroad Co., said corner being the Southwest corner of the Washington & Lee Tract #4; thence along said right-of-way North eightythree degrees West (N 83º 00' W) two hundred sixty (260) feet to Corner 2; thence along the same right-of-way of a five degree (5º) curve to the left having a chord course and distance of South eighty-nine degrees twenty minutes West (S 89º 20' W) two hundred twelve and seventy-one hundredths (212.71) feet to Corner 3, said corner being on the dividing line between lands of Glen Alden Coal Company and lands now or formerly of Susquehanna Collieries Co.; thence along said dividing line, South seventeen degrees thirty-seven minutes East (S 17º 37' E) four hundred seventy-two (472) feet to Corner 4, said corner being on the Northerly side of the Nanticoke Street Railway Co.'s right-ofway; thence along said right-of-way South sixty-two degrees thirty minutes East (S 62º 30' E) one hundred fifty (150) feet to Corner 5; thence along the same right-of-way, South sixty-eight degrees thirty minutes East (S 68º 30' E) seventy-five (75) feet to Corner 6; thence along the same right-of-way North forty three degrees fifteen minutes East (N 43º 15' E) four hundred (400) feet to Corner 7; thence along the same right-ofway on a curve and distance of North fifty-nine degrees ten minutes East (N 59º 10' E) two hundred and eighty-two (282) feet to Corner 8; thence along the same right- of-way North seventy-four degrees fifty minutes East (N 74º 50' E) two hundred eight (208) feet to Corner 9; said corner being the intersection of the right-of-way of the Nanticoke Street Railway Co. and the right-of-way of the Pennsylvania Railroad Co.; thence along the Southerly side of the Pennsylvania Railroad Co's right-of-way on a five degree (5º) curve to the right having a chord course and distance of South eighty-seven degrees ten minutes West (S 87º 10' W) two hundred sixty-four and sixty-nine hundredths (264.69) feet to Corner 10; thence along the said right-of-way North eighty-three degrees West (N 83º 00' W) three hundred thirty (330) feet to Corner 1, the place of beginning.
Containing six and eight one-hundredths (6.08) acres, more or less.
Being the same property that the City of Nanticoke conveyed to the Commonwealth of Pennsylvania by deed dated December 17, 1934 and recorded at the Office of the Recorder of Deeds of Luzerne County at Deed Book 742, Page 215.
LESS AND EXCEPTING .a tract of land conveyed by the State Armory Board to the Nanticoke Quoit Club by deed dated March 17, 1975 and recorded at the Office of the Recorder of Deeds of Luzerne County at Deed Book 1855, page 374,bounded and described as follows, to-wit:
ALL THAT CERTAIN PARCEL or lot of land situate in the City of Nanticoke, County of Luzerne, Commonwealth of Pennsylvania, bounded and described as follows:
FROM A POINT in the Northerly side of Railroad Street at the intersection of the center line of Lincoln Street, thence generally Southeasterly, a distance of Two Hundred Ninetyseven feet (297') along the northerly line of Railroad Street to a point which is the BEGINNING OF THIS TRACT;
THENCE, from the point of beginning, generally North along the dividing line of lands now of the Commonwealth of Pennsylvania and lands of the Nanticoke Quoit Club, North Seventeen Degrees Thirty-seven Minutes West (N. 17° 37' W.) a distance of One Hundred Eighty-nine feet (189') to a point in the Southern line of the Right-of-Way of the Penn Central Railroad, thence, along said Right-of-Way, North Eighty-nine Degrees Twenty Minutes East (N. 89° 20' E.) a distance of Ninety-five and Seventy-seven one hundredths feet (95.77') to a point, Thence, along lands of the Commonwealth, South Four Degrees, Fifty-nine Minutes East (S. 04° 59' E.) a distance of Two Hundred and Ten-Hundredths feet (200.10') to a point in the Northerly line of Railroad Street, Thence, along said line, North Seventy-two Degrees Four Minutes West (N.72° 04' W.) a distance of Fifty-eight and Eight-Tenths feet (58.8') to the point of BEGINNING And containing 15,100 Square Feet more or less.
ALSO LESS AND EXCEPTING a tract of land conveyed by the Commonwealth of Pennsylvania, acting through the State Armory Board, to James Donald Lacy and Mary Ruth Lacey, his wife, by deed dated February 17, 1977 and recorded at the Office of the Recorder of Deeds of Luzerne County at Deed Book 1915, Page 222, . bounded and described as follows, to-wit: All the surface right of soil of and in all that certain piece or parcel of land situate in the City of Nanticoke, County of Luzerne, Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point located North Nineteen Degrees Four Minutes West (N. 19 ° 04' W.) Six and Fifty-Four One Hundredths Feet (6.54') from the Southeast corner of lands of the Commonwealth of Pennsylvania and the Northerly Right-of-Way of Nanticoke Street Railway Company; thence, along lands of the grantee herein North Nineteen Degrees Four Minutes West (N. 19 ° 04' W.) Two Hundred Thirty-Four and TwentySeven Hundredths Feet (234.27') to a spike in the Southerly Right-of-Way of Railroad Street; thence, by the same Right-of-Way on a curve to the right having a radius of One Hundred Thirty Feet (130') and a chord course and distance of South Thirty-Three Degrees Forty-Seven Minutes East (S. 33 ° 47' E.) One Hundred Thirty-Six and Four Hundredths Feet (136.04') to an iron pin; thence South Zero Degrees Twenty-Nine Minutes East (S. 0° 29' E.) One Hundred Eight and Forty-Three Hundredths Feet (108.43') to the point of BEGINNING.
Containing 5,818.77 square feet more or less.
(c) Subject to certain matters.--The conveyance authorized under this section 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) Prohibited use.--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, 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) Covenants, conditions and restrictions.--The Secretary of General Services may include in the deed of conveyance any covenants, conditions or restrictions on the property as determined to be in the best interests of the Commonwealth.
(f) Easements.--The Department of General Services is hereby authorized, on behalf of the Commonwealth of Pennsylvania, to grant any easements benefiting the property to be conveyed, or to retain any easements from the property to be conveyed, as the Secretary of General Services shall determine to be necessary or appropriate.
(g) Deed.--The conveyance authorized under this section 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.
(h) Costs and fees.--Costs and fees incidental to the conveyance authorized under subsection (a) shall be borne by the grantee.
(i) Alternative disposition.--In the event that the conveyance authorized under subsection (a) is not executed within 24 months after the effective date of this subsection, the property may be disposed of by a competitive bidding process 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, except that no property disposition plan shall be required.
(j) Proceeds.--The proceeds from the conveyance authorized under this section shall be deposited into the General Fund.