Conveyance in East Vincent Township, Chester County

Act 43 of 2011, § 3, under PROJECT 70 LAND ACQUISTION AND BORROWING ACT - MULTIPLE CONVEYANCES.

Act 43 of 2011, § 3

Section 3. Conveyance in East Vincent Township, Chester 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 County of Chester certain land situate in East Vincent Township, Chester County for $1,300.

(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of approximately 1.55 acres and improvements thereon bounded and more particularly described as follows:

ALL THAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situate in East Vincent Township, Chester County, Commonwealth of Pennsylvania, bounded and described according to a Plan of "tract of land acquired by Owen J. Roberts School District from the Commonwealth of Pennsylvania", dated December 15, 1995, last revised March 4, 1996 and recorded as Chester County Plan #13345, as follows, to wit:

BEGINNING at a point on line of lands now or late of Philadelphia Electric Company; thence extending along the same, the three following courses and distances, to wit:

(1) on a line curving to left, the arc distance of 433.6;

(2) in a southwesterly direction 10.00 feet;

(3) on a line curving to the left, the arc distance of 422.52 feet to a point, a corner of lands now or late of East Vincent Municipal Authority, then extending along the same, in a northwesterly direction 182.45 feet to a point, a corner of lands now or late of John Frazier Hunt and Mytrice Penelope McCaskill; hence extending along the same, 843.34 feet to a point on line of lands now or late of Philadelphia Electric Company, the first mention point and place of BEGINNING.

BEING UPI #21-1-76.4E

BEING part of the same premises which the Commonwealth of Pennsylvania granted and conveyed unto The General State Authority, in fee, by the following deeds:

Deed dated December 20, 1937 and recorded at West Chester, Pennsylvania, in Deed Book U-19 page 307.

Deed dated August 15, 1938 and recorded at West Chester, Pennsylvania, in Deed Book D-20 page 13.

Deed dated April 15, 1940 and recorded at West Chester, Pennsylvania, in Deed Book G-20 page 571.

Deed dated October 3, 1941 and recorded at West Chester, Pennsylvania, in Deed Book Q-20 page 229.

Deed dated March 13, 1967 and recorded at West Chester, Pennsylvania, in Deed Book M-37 page 844.

Deed dated August 2, 1968 and recorded at West Chester, Pennsylvania, in Deed Book I-38 page 464.

AND ALSO BEING part of the same premises which the Commonwealth of Pennsylvania, by deed dated October 29, 1959 and recorded at West Chester, Pennsylvania, in Deed Book R-31 page 323, granted and conveyed unto the Commonwealth of Pennsylvania, in fee.

AND ALSO BEING part of the same premises which The General State Authority, by deed dated August 18, 1980 and recorded at West Chester, Pennsylvania, in Deed Book P-57 page 593, granted and conveyed unto the Commonwealth of Pennsylvania, in fee.

AND ALSO BEING part of the same premises which The General State Authority, by deed dated October 1, 1985 and recorded at West Chester, Pennsylvania, in Record Book 163 page 90, granted and conveyed unto the Commonwealth of Pennsylvania, in fee.

CONTAINING 1.55 acres, more or less.

(c) Easements and 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) Condition.--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) Deed.--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) Alternative disposal of property.--In the event that this conveyance is not executed within 12 months of the effective date of this section, the property may be disposed of in accordance with Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.