Section 7. Conveyance in Haverford Township, Delaware County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey the tract of land described under subsection (b) together with any improvements thereon, being a portion of the lands of the former Haverford State Hospital, situate in Haverford Township, Delaware County, to Carelink Community Support Services of PA, Inc., for $300,000, under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of the following:
ALL THAT CERTAIN piece, parcel, or tract of land situated in Haverford Township, Delaware County, Pennsylvania, being Parcel - 2 as shown on a plan titled "Haverford Hospital Property" prepared by Precision Land Surveyors, dated July 12, 1998, and being further described as follows, to wit:
BEGINNING at a point in the bed of Haverford and Darby Road, a corner in common with Parcel - 1 of the Haverford Hospital Property plan; thence leaving the road and continuing along Parcel - 1 the following two courses and distances: 1.) South 34 degrees 5 minutes 28 seconds West a distance of 318.67 feet to an iron rod and 2.) South 79 degrees 29 minutes 35 seconds West a distance of 790.88 feet to an iron rod, a corner in common with Parcel - 1 of the Haverford Hospital Property plan and lands now or formerly of Allgates West Development; thence along lands now or formerly of Allgates West Development the following three courses and distances: 1.) North 51 degrees 56 minutes 10 seconds West a distance of 165.76 feet to a stone monument; 2.) North 3 degrees 23 minutes 36 seconds East a distance of 284.94 feet to a stone monument and 3.) North 38 degrees 38 minutes 53 seconds East a distance of 370.43 feet to a point, a corner in the bed of Haverford and Darby Road; thence continuing in the bed of Haverford and Darby Road the following four courses and distances:
1.) South 67 degrees 44 minutes 32 seconds East a distance of 88.36 feet to a point; 2.) South 62 degrees 46 minutes 20 seconds East a distance of 201.01 feet to a point; 3.) South 77 degrees 35 minutes 38 seconds East a distance of 217.42 feet to a point and 4.) South 75 degrees 20 minutes 21 seconds East a distance of 377.98 feet to a point, the place of beginning.
CONTAINING 10.43 acres, more or less, as shown on said plan. Tax ID / Parcel No. 22-04-00185-00. Known as 3520 Darby Road, Haverford, Pennsylvania, 19041.
BEING a portion of the same premises condemned by The General State Authority, predecessor to the Department of General Services, in 1956 from Eckley B. Coxe & Mary Owens Coxe, in accordance with the Act of March 31, 1949, P.L. 372, Section 12, which taking is evidenced by the Petition for Appointment of Viewers recorded at the Office of the Recorder of Deeds of Delaware County at Deed Book 1807 Page 34.
ALSO BEING a portion of the same premises conveyed by Elmer H. Hutchinson and Sally M. Hutchinson, his wife, to The General State Authority by deed dated March 2, 1956, and recorded at the Office of the Recorder of Deeds of Delaware County at Deed Book 1763 Page 564.
TOGETHER WITH a 20-foot-wide sanitary sewer easement as described in a Deed from the Commonwealth of Pennsylvania to the Township of Haverford, dated December 17, 2002 and recorded at Delaware County Deed Book 2631, Page 947 (Instrument #2002138609).
(c) Existing encumbrances.--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) Restrictions.--
(1) 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 in this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(2) Any conveyance authorized under this section shall be made under and subject to the condition that Carelink Community Support Services of PA, Inc., its successors and assigns shall utilize the property solely for residential services, including behavioral health, rehabilitation and life skills training, for persons with disabilities, and for no other purpose. Should Carelink Community Support Services of PA, Inc., or its successors or assigns, utilize the property for any other purpose, Carelink Community Support Services of PA, Inc., or its successor or assigns, shall pay $300,000 to the Commonwealth of Pennsylvania, acting by and through the Department of General Services, within 90 days after the change in use. Should Carelink Community Support Services of PA, Inc., its successor or assigns fail to pay such sum within such time frame, the property shall, at the Department of General Service's election, revert and revest in the Commonwealth of Pennsylvania. This provision is intended to create a fee simple subject to a condition subsequent. This condition shall terminate on the 15th anniversary of the date of the deed and thereafter be of no further force or effect.
(e) Deed of conveyance.--The conveyance shall be made by special warranty deed to 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 Carelink Community Support Services of PA, Inc.
(g) Alternate disposition.--If the conveyance authorized herein is not completed within two years after the effective date of this subsection, the authority to convey the property as specified in subsection (a) shall expire, and the property may be disposed of by a competitive bidding process 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, except that no property disposition plan shall be required.