Conveyance in Borough of Carlisle, Cumberland County

Act 62 of 2013, § 1, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES.

Act 62 of 2013, § 1

Section 1. Conveyance in Borough of Carlisle, Cumberland 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, at a price to be determined through a competitive bidding process, the following tract of land together with any buildings, structures or improvements thereon, situate in the Borough of Carlisle, Cumberland County.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of a tract of land totaling approximately 2.3848 acres, including any and all improvements located thereon, more particularly described as follows:

BEGINNING at an iron pin, sunk in the ground, on the south side of West North Street, two hundred feet (200) from the center line of Cherry Street and at the corner of lands of Margaret Meck Estate; thence South 6º 03' West along the lands of said Meck Estate and Eber Shatto 268.91 feet to an iron pin on line of land of Jacob Trimmer; thence North 84º 01' West along land of Jacob Trimmer and of the Kinney Shoe Company, 401.07 feet to an iron pin; thence North 6º 58' East along lands of Sarah Carl, John Linder, Emmett Woods and Archibald Long, 149.66 feet to an iron pin on corner of lands of Emmett Woods and of Jacob Beck; thence South 83º 57' East along land of Jacob Beck 31.28 feet to an iron pin; thence North 6º 03' East along land of Jacob Beck and of John Linder, 119.75 feet to an iron pin on the south side of West North Street; thence South 83º 57' East along the south side of West North Street 386 feet to the iron pin at the point of BEGINNING.

CONTAINING 2.3848-acres more or less.

BEING the same premises conveyed to the Commonwealth of Pennsylvania from A. Lee Edwards and Margaret B. Edwards, his wife, by deed, dated December 27, 1934, and recorded January 4, 1935, in the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 0011M, Page 00431.

(c) Oil, gas and mineral rights.--The oil, gas and mineral rights shall be retained by the Department of General Services, on behalf of the Commonwealth of Pennsylvania, and may be leased by the Department of General Services in accordance with the authority granted in the act of October 8, 2012 (P.L.1194, No.147), known as the Indigenous Mineral Resources Development Act.

(d) Easements.--This 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.

(e) Deed.--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.--The proceeds from the sale shall be deposited in the Motor License Fund and shall be utilized by the Department of Transportation and the Department of General Services to remediate and demolish the "old" Materials Testing Laboratory located in the City of Harrisburg, Dauphin County. Any funds remaining after the remediation and demolition of that structure shall be available to the Department of Transportation for any other duly authorized purpose.

(g) Gaming restriction.--The conveyance authorized by 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 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.