Conveyance of certain land, buildings and improvements situate in East Allen Township, Northampton County

Act 63 of 2013, § 6, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES.

Act 63 of 2013, § 6

Section 6. Conveyance of certain land, buildings and improvements situate in East Allen Township, Northampton 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, at a price to be determined through a public solicitation for proposals, the following tract of land together with any buildings, structures or improvements thereon, situate in East Allen Township, Northampton County.

(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 18.14 acres of land and improvements located thereon, bounded and more particularly described as follows:

ALL THAT CERTAIN TRACT OF LAND situate in East Allen Township, Northampton County, Pennsylvania, being bounded and described as follows:

BEGINNING at a point at the intersection of the center line of Weaversville Road (SR 3017) and the center line of Colony Drive; thence

(1) N 35º20'50" W along the center line of Weaversville Road (SR 3017) for a distance of 127.53 feet to a point;

(2) N 33º4'30" W along the center line of Weaversville Road (SR 3017) for a distance of 277.49 feet to a point;

(3) N 36º11'04" W along the center line of Weaversville Road (SR 3017) for a distance of 181.18 feet to a point;

(4) N 38º35'58" W along the center line of Weaversville Road (SR 3017) for a distance of 61.01 feet to a point;

(5) N 40º01'40" W along the center line of Weaversville Road (SR 3017) for a distance of 272.92 feet to a point;

(6) S 86º18'05" E along the dividing line between the parcel herein described and lands now or formerly of Northampton County for a distance of 725.29 feet to a point;

(7) thence along the dividing line between the parcel herein described and lands now or formerly of Northampton County through a curve to the left with an arc distance of 602.00 feet, a radius of 1945.10 feet, and a chord bearing of N 84º49'56" E for a distance of 599.60 feet to an iron pin;

(8) S 03º41'50" along the dividing line between the parcel herein described and lands now or formerly of East Allen Township for a distance of 250.63 feet to an iron pin;

(9) N 90º00'00" E along the dividing line between the parcel herein described and lands now or formerly of East Allen Township for a distance of 100.21 feet to an iron pin;

(10) S 03º48'04" E along the dividing line between the parcel herein described and lands now or formerly of East Allen Township and of N/F Paul S. Evans, Jr. for a distance of 491.64 feet to a point on the center line of Colony Drive;

(11) S 89º45'05" W along the center line of Colony Drive for a distance of 921.11 feet to a point on the center line of Weaversville Road (SR 3017), said point being the point of BEGINNING.

CONTAINING 18.14-acres as shown on a subdivision plan of Kurtanich Engineers & Associates, Inc., Hermitage, PA, titled "Final Plan Allentown State Farm", dated March 10, 1997 and revised June 1, 1998, Drawing No. K-97-940-08 and being Parcel VIII on said Final Plan recorded as Instrument No. 1998024534 in the Recorder of Deeds of Northampton County.

UNDER AND SUBJECT TO the rights of a 100 foot easement granted by the Commonwealth of Pennsylvania to East Allen Township by deed, dated September 11, 1995. Said deed recorded January 18, 1996 in the Recorder of Deeds of Northampton County in Deed Book Volume 1996-1, Page 5015. Also having an Instrument Number of 1996001683.

BEING Tax Parcel ID: L5 12 5 0508E.

AND BEING a portion of the same premises conveyed, to the Commonwealth of Pennsylvania, in Deed Book H63, Page 256.

(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) Gaming facility 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. Should the grantee, its successors or assigns, permit any portion of the property authorized to be conveyed under this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) Easements.--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.

(f) Discretion to secretary.--The Secretary of General Services may impose any covenants, conditions, restrictions and/or reservations on the sale of the property as is deemed in the best interests of the Commonwealth.

(g) Deeds.--The deed of conveyance under this section shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(h) Costs and fees.--All costs and fees incurred by the Department of General Services in selling the property shall be paid from the purchase price and that amount shall be an executively authorized augmentation to the appropriation from which the costs and fees were paid by the department. The balance of the proceeds shall be deposited in the General Fund.