Section 3. Conveyance in Mansfield Borough, Tioga County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the Borough of Mansfield certain land situate in the Borough of Mansfield, Tioga County, for fair market value as determined by independent appraisal.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 1.23 acres and an armory building bounded and more particularly described as follows:
BEGINNING at a point at the western edge of the now or late Erie Railroad Company right-of-way, the Southeast corner of land of the now or late Mansfield Joint School Authority and the Northeast corner of land of the now or late Mansfield School District, the POINT OF BEGINNING; thence South 77 degrees 50 minutes West along lands of the now or late Mansfield School District, a distance of 273.67 feet to a point, the Southwest corner hereof; thence North 13 degrees 30 minutes West along lands of the now or late Mansfield Joint School Authority, a distance of 252.25 feet to a point, the Northwest corner hereof; thence North 76 degrees 30 minutes East along lands of the now or late Mansfield Joint School Authority a distance of 153.00 feet to a point at the western edge of the now or late Erie Railroad Company right-of-way, the Northeast corner hereof; thence along the said Railroad Company right-of-way, South 27 degrees 48 minutes East, a distance of 12.00 feet to a point; thence South 38 degrees 55 minutes East along said Railroad Company right-of-way, a distance of 272.25 feet to a point, the place of beginning.
CONTAINING 1.23 acres more or less.
(c) Easements.--The conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, including 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 on the land.
(d) Use restriction.--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. If 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) Proceeds.--The proceeds from the conveyance shall be deposited in the State Treasury Armory Fund.
(h) Alternate disposition.--In the event that this conveyance is not executed within 12 months of the effective date of this section, the property may be sold by the Department of General Services, with the approval of the Department of Military and Veterans Affairs, for fair market value as determined by an independent appraisal.