Section 6. Conveyance in City of Allentown and Salisbury
Township, Lehigh County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Transportation, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Parkwood Real Estate Trust LLC, approximately 1.645 acres including a building and all improvements thereon, as described in subsection (b), for $805,000, in accordance to an Agreement of Sale dated September 12, 2007, with the Department of General Services, the Department of Transportation and Parkwood Real Estate Trust LLC.
(b) Property description.--The property to be conveyed, pursuant to subsection (a) consists of approximately 1.645 acres, building and improvements, more particularly described as follows as shown on a plan titled "Plan Showing Property Of The Commonwealth Of Pennsylvania - Department Of Transportation, Located in City of Allentown and Salisbury Township, Lehigh County, PA," dated November 6, 2007, bearing File No. S-11018, as prepared by The Pidcock Company, Civil Engineering and Land Planning - Architecture - Land Surveying, Oxford Drive at Fish Hatchery Road, Allentown, Pennsylvania:
Beginning at the intersection of the northerly legal right- of-way line for limited access for Pennsylvania State Route 0078 (variable width) with the westerly legal right-of-way line for Pennsylvania State Route 2007, also known as Oxford Drive (60.00 feet wide), and in line of lands of the Commonwealth of Pennsylvania, Department of Transportation; thence along the northerly legal right-of-way line for limited access for Pennsylvania State Route 0078 the seven following courses: (1) N 53 degrees 34 minutes 02 seconds W 58.25 feet to a point, (2) S 77 degrees 23 minutes 12 seconds W 210.41 feet to a point, (3) S 05 degrees 05 minutes 09 seconds W 22.50 feet to a point, (4) N 84 degrees 29 minutes 51 seconds W 275.01 feet to a point, (5) N 05 degrees 05 minutes 09 seconds E 14.50 feet to a point, (6) N 30 degrees 27 minutes 07 seconds W 43.01 feet to a point, and (7) N 83 degrees 51 minutes 55 seconds W 50.84 feet to a concrete monument in line of lands of Parkwood Real Estate Trust LLC; thence (8) along lands of the Parkwood Real Estate Trust LLC, N 39 degrees 54 minutes 00 seconds E 109.25 feet to a concrete monument in the southerly property line of Parkwood Drive (a private road); continuing along lands of the Parkwood Real Estate Trust LLC and along the southerly property line of Parkwood Drive the eight following courses: (9) on a curve to the left having a radius of 60.00 feet (delta 118 degrees 48 minutes 33 seconds, tangent 101.47 feet, chord N 70 degrees 30 minutes 09 seconds E 103.29 feet) for an arc distance of 124.42 feet to a point of reverse curvature, (10) on a curve to the right having a radius of 20.00 feet (delta 82 degrees 49 minutes 09 seconds, tangent 17.64 feet, chord N 52 degrees 30 minutes 27 seconds E 26.46 feet) for an arc distance of 28.91 feet to a point of tangency, (11) S 86 degrees 04 minutes 58 seconds E 81.93 feet to a point of curvature, (12) on a curve to the right having a radius of 175.00 feet (delta 30 degrees 00 minutes 00 seconds, tangent 46.89 feet, chord S 71 degrees 04 minutes 58 seconds E 90.59 feet) for an arc distance of 91.63 feet to a point of tangency, (13) S 56 degrees 04 minutes 58 seconds E 101.82 feet to a point of curvature, (14) on a curve to the left having a radius of 150.00 feet (delta 27 degrees 30 minutes 00 seconds, tangent 36.70 feet, chord S 69 degrees 49 minutes 58 seconds E 71.31 feet) for an arc distance of 71.99 feet to a point of tangency, (15) S 83 degrees 34 minutes 58 seconds E 40.41 feet to a point of curvature, and (16) on a curve to the right having a radius of 44.00 feet (delta 60 degrees 00 minutes 00 seconds, tangent 25.40 feet, chord S 53 degrees 34 minutes 58 seconds E 44.00 feet) for an arc distance of 46.08 feet to a point of tangency in the westerly right-of-way line of Pennsylvania State Route 2007; thence (17) along the westerly right-of-way line of Pennsylvania State Route 2007, S 23 degrees 34 minutes 58 seconds E 40.32 feet to the point of beginning.
CONTAINING 1.645 acres or 71,652 Square Feet.
(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) Land restrictions.--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 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 act to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Deed of conveyance.--The deed of conveyance shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(f) Deposit of proceeds.--Proceeds from this conveyance shall be deposited in the Motor License Fund.
(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(h) Disposal.--In the event that this conveyance is not executed in accordance with the Agreement of Sale, the property may be disposed of in accordance with section 2003 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.