Section 6. Conveyance in Polk Borough, Venango 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 VARHA, Inc., approximately 8.14 acres of land in Polk Borough, Venango County, including any improvements thereon, as described in subsection (b), for $11,750 and under terms and conditions to be established in an Agreement of Sale with the Department of General Services.
(b) Property description.--The property to be conveyed pursuant to this section consists of approximately 8.14 acres, including any improvements thereon, more particularly described as follows:
ALL THAT CERTAIN tract of land and the improvements erected thereon, located at the northeast intersection of SR 0062 with T-356, being a portion of the former Polk State School and Hospital, situate in the Borough of Polk, County of Venango and Commonwealth of Pennsylvania, being more fully bounded and described to wit: Beginning at a point, being the centerline intersection of SR 0062 and T-356; thence along the centerline of T-356. N 2° 44' 13" E, 877.03' to a point; thence leaving said T-356 and along lands of the Venango Area Riding for the Handicapped Association, Inc., (VARHA), the two (2) following courses and distances viz:
1. S 70° 50' 38" E - 460.94' to a point
2. S 04° 04' 28" W - 758.53' to a point in the centerline of SR 0062
Thence, along the centerline of said SR 0062, N 85° 42' 47" W 424.61' to the point of beginning.
Said premises are described by a certain survey prepared by Dodd Surveying, dated November 15, 2000, which plan is on file at the offices of the Bureau of Real Estate of the Department of General Services.
CONTAINING 8.149-acres.
(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) Restriction.--The conveyance 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 of conveyance.--The deed of conveyance 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) Alternate disposition.--In the event that an agreement of sale between the parties is not executed within two years of the effective date of this section, the property may be disposed of 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.