Release of restrictive covenants in the City of Hazleton, Luzerne County

Act 63 of 2013, § 7, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES.

Act 63 of 2013, § 7

Section 7. Release of restrictive covenants in the City of Hazleton, Luzerne 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 release the restrictive covenants imposed on the Northeastern Pennsylvania Health Corporation, doing business as Hazleton General Hospital under section 3 of the act of July 9, 1986 (P.L.547, No.97), entitled "An act amending the act of April 9, 1929 (P.L.177, No.175), entitled 'An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,' providing for the transfer of Hazleton State General Hospital; authorizing conveyances of State-owned land; and making editorial changes," by the Department of General Services under the authority contained in the act as to the proposed transaction resulting in the change of control of the Hazleton General Hospital and Lehigh Valley Health Network. The restrictive covenants imposed under section 3(k) of the act shall continue to be in effect and bind the Northeastern Pennsylvania Health Corporation, doing business as Hazleton General Hospital, subsequent to its change in control.

(b) Property description.--The restrictions to be released pursuant to subsection (a) are on five tracts of land totaling approximately 13.838 acres, formerly known as the Hazleton State General Hospital, more particularly described as follows:

Tract No. 1

Beginning at the southeasterly corner of the lands conveyed by deed, dated March 14, 1889, from the Lehigh Valley Railroad Company to the Commonwealth of Pennsylvania, being the southeasterly corner of the lands occupied and fenced in by the State Hospital; thence (1) south 28 degrees east 225 feet to a stake and stones; thence (2) south 70 degrees 18 minutes west 803.02 feet to stake and stones; thence (3) north 19 degrees 32 minutes west 225 feet to the southwesterly corner of the land being the southwesterly corner of land conveyed by the above mentioned deed, dated March 14, 1889, being the southwesterly corner of land occupied and fenced in by the State Hospital; thence (4) along the southerly line of lands conveyed by the above mentioned deed dated March 14, 1889, north 70 degrees 28 minutes east 770 feet to the place of beginning.

Containing approximately 4.04 acres.

Being the same premises conveyed to the Trustees of the State Hospital of the Middle Coal Field of Pennsylvania by the Lehigh Valley Coal Company, a Pennsylvania corporation, by deed dated March 9, 1910, and recorded May 10, 1910, in Luzerne County, Pennsylvania, Deed Book 446, Page 240.

Tract No. 2

Being those two certain parcels situated in the City of Hazleton, Luzerne County, bounded and described as follows: Beginning at a corner, the intersection of the easterly side of East Street and the southerly side of Mine Street; thence along the southerly side of Mine Street south 53 degrees east 150 feet, more or less, to a point in the westerly right-of-way line of the Lehigh Valley Railroad Company's so-called "Hospital Branch"; thence along said right-of-way line south 43 degrees 30 minutes west 418 feet to the northerly side of a proposed street; thence along said proposed street north 21 degrees 54 minutes west 30 feet, more or less, to a point in the easterly side of East Street; thence along same north 25 degrees 30 minutes east 406 feet, more or less, to the place of beginning.

Containing approximately 0.82 acre.

Tract No. 3

Beginning at a point, the southeasterly corner of land conveyed to James G. Walker and wife by deed dated June 27, 1950, recorded in Luzerne County in Deed Book 830, Page 171, said point being also in the westerly side of a proposed street; thence along said proposed street south 68 degrees 06 minutes west 400 feet, more or less, to a point, the intersection of the proposed street and the easterly right-of-way line of the Lehigh Valley Railroad Company's so-called "Hospital Branch"; thence along said right-of-way line north 43 degrees 30 minutes east 375 feet, more or less, to a point in lands conveyed to James G. Walker and wife by deed dated September 18, 1951 (not recorded); thence along said Walker lands south 53 degrees east 127 feet, more or less, to the southwesterly corner of said Walker lands first mentioned; thence along same south 22 degrees 30 minutes east 55 feet, more or less, to the place of beginning.

Containing approximately 0.80 acre.

Being the same property conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Coal Company, a Pennsylvania corporation, by deed dated January 29, 1953, and recorded in Luzerne County, Pennsylvania, Deed Book 1191, Page 75.

Tract No. 4

Beginning at a point in the southerly line of Mine Street where the same is intersected by the northwesterly line of lands of Lehigh Valley Railroad Company (formerly occupied by the "Hospital Branch" of the Lehigh Valley Railroad); thence the following seven courses: (1) south 54 degrees east along the said southerly line of Mine Street, a distance of 33 feet to its intersection with the easterly line of East Street; (2) north 36 degrees east along the said easterly line of East Street, a distance of 30 feet to a point; (3) south 54 degrees east through lands of Lehigh Valley Railroad Company, a distance of 32.18 feet to a point in the southeasterly line of lands of the Lehigh Valley Railroad Company; (4) south 44 degrees 33 minutes west along the said southeasterly line of lands of the Lehigh Valley Railroad Company, a distance of 394.347 feet to a point in the northerly line of a proposed street; (5) south 69 degrees 54 minutes west along the said northerly line of said proposed street, a distance of 84.44 feet to a point in the easterly line of another proposed street; (6) north 20 degrees 06 minutes west along the said easterly line of the latter proposed street, a distance of 26.39 feet to a point in the aforesaid northwesterly line of lands of the Lehigh Valley Railroad Company; (7) north 44 degrees 33 minutes east along the said northwesterly line of lands of the Lehigh Valley Railroad Company, a distance of 420 feet to the point or place of beginning.

Containing approximately 0.586 acre.

Being the same premises conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Railroad Company, a Pennsylvania corporation, by deed dated April 27, 1953, and recorded in Luzerne County, Pennsylvania, Deed Book 1203, Page 529.

Tract No. 5

Beginning at a point at a distance of 122.75 feet on a course of south 40 degrees 47 minutes east from the northwest corner of East Street and Juniper Street; thence south 21 degrees 52 minutes east for a distance of 450 feet to a point; thence north 68 degrees 06 minutes east for a distance of 770 feet to a point on the west side of the Susquehanna and Lehigh Turnpike; thence by the west side of the Susquehanna and Lehigh Turnpike north 30 degrees 48 minutes west for a distance of 455.41 feet to a point; thence south 68 degrees 06 minutes west for a distance of 700 feet to the place of beginning.

Containing approximately 7.592 acres.

Being the same premises conveyed to the Commonwealth of Pennsylvania by Lehigh Valley Railroad Company by deed dated March 14, 1889, and recorded April 8, 1907, in Luzerne County, Pennsylvania, Deed Book 439, Page 474.

(c) Execution.--Any legal instruments necessary to release the restrictive covenants referred to under subsection (a) shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(d) Costs and fees.--Any costs and fees incidental to the release of the restrictive covenants shall be borne by the grantee.