Pennsylvania Consolidated & Unconsolidated Statutes
Act 26 - CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES

An Act
 
Authorizing the release of a restriction on the use of property in Philadelphia County;
authorizing the Department of General Services, with the approval of the Department
of Agriculture and the Governor, to grant and convey to Wyoming County, certain lands
and improvements situate in the Township of Tunkhannock, Wyoming County; and authorizing
the Department of General Services, with the approval of the Department of Corrections
and the Governor, to grant and convey to John Bradley Wimer, certain lands, buildings
and improvements situate in the City of Pittsburgh, Allegheny County.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Authorization for release of restriction in Philadelphia County.
(a)  Authorization.--The Department of General Services, with the approval of the Governor,
is authorized on behalf of the Commonwealth of Pennsylvania to release a use restriction
and associated reversionary interest affecting certain real property previously conveyed
to 900 North Broad Street Corporation by the Commonwealth of Pennsylvania under section
8 of Act 96, on the terms, conditions and for the consideration as is acceptable to
the Secretary of General Services. The use restriction and associated reversionary
interest to be released is specifically set forth under section 8(c) of Act 96.

(b)  Property description.--The use restriction and associated reversionary interest referenced
under subsection (a) affects a tract of land situate in the City of Philadelphia,
County of Philadelphia, Commonwealth of Pennsylvania, bounded and described as follows:

All that certain lot or piece of ground with the buildings and improvements thereon
erected described according to a survey and plan thereof made by William K. Carlile,
Esq., Survey and Regulator of the 7th District, on January 20, 1916, as follows:  Situate on the west side of Broad Street, as widened to 113 feet, and the north side
of Poplar Street, as widened to 60 feet, in the 47th Ward of the City of Philadelphia.

Containing in front or breadth on Broad Street 65 feet and extending that width in
length or depth westward along Poplar Street 160 feet to a 40-foot wide street called
Carlisle Street.

(c)  Description of restriction and reversionary interest.--The restriction and reversionary
interest referenced under subsection (a) is as follows:

"UNDER AND SUBJECT to the condition which prohibits the GRANTEE or any successor in
title from using the property conveyed as a homeless shelter; the property shall revert
to the Commonwealth of Pennsylvania upon failure of the GRANTEE or any successor in
title to comply with this restrictive use."

(d)  Legal instruments.--Any legal instrument necessary to release the use restriction
and reversionary interest under this section shall be executed by the Secretary of
General Services in the name of the Commonwealth of Pennsylvania.

(e)  Costs and fees.--Any costs and fees incidental to the release authorized under this
section shall be borne by 900 North Broad Street Corporation.

(f)  Proceeds.--Proceeds received by the Department of General Services for the release
authorized under this section shall be deposited into the General Fund.

(g)  Definition.--As used in this section, the term "Act 96" shall mean the act of July
11, 1996 (P.L.545, No.96), entitled "An act providing for the transfer of certain
roadways between the County of Lackawanna and the Department of Transportation and
for the adoption of Township Road 632 in Susquehanna County as a State highway; directing
the Department of Transportation to transfer a portion of Maclay Street in the City
of Harrisburg to the City of Harrisburg and to assume temporary responsibility for
the Paxtang Parkway in the Borough of Paxtang and the Township of Swatara from the
City of Harrisburg; providing for the transfer of a roadway from the Borough of Wormleysburg,
Cumberland County, to the Department of Transportation; authorizing and directing
the Department of General Services, with the approval of the Department of Public
Welfare and the Governor, to convey to the 900 North Broad Corporation certain real
estate situate in the City and County of Philadelphia and the Commonwealth of Pennsylvania;
and making repeals."

Section 2.  Conveyance in Township of Tunkhannock, Wyoming County.
(a)  Authorization for conveyance.--The Department of General Services, with the approval
of the Department of Agriculture and the Governor, is hereby authorized on behalf
of the Commonwealth of Pennsylvania to grant and convey to Wyoming County the following
tract of land together with any buildings, structures or improvements thereon, situate
in the Township of Tunkhannock, Wyoming County, for $125,000, under terms and condition
to be established in an agreement of sale.

(b)  Property description.--The property to be conveyed pursuant to subsection (a) consists
of a tract of approximately 10.268 acres, including all buildings, structures and
improvements located thereon, more particularly described as follows:

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND in the Township of Tunkhannock, County
of Wyoming, and Commonwealth of Pennsylvania, bounded and described as follows:

Beginning at a stake situate at the intersection of the common boundary line of lands
now or formerly of Frank P. Truskalaski and the lands herein described and the west
line of State Highway Route  #92, thence along the west line of State Highway Route #92, South 5 degrees 40 minutes
East Five Hundred (500') feet to a stake; thence along the line of lands now or formerly
of the Tunkhannock Industrial Foundation South 84 degrees 18 minutes West Nine Hundred
Eighty-four and Ten-Hundredths (984.10) feet to a stake in the east line of the Lehigh
Valley Railroad; thence along the east line of the Lehigh Valley Railroad North 31
degrees 13 minutes West Three Hundred Sixty-four and Fifty-five Hundredths (364.55')
feet to a stake, said stake being Southeast Five Hundred Thirty-five (535') feet along
the Lehigh Valley Railroad lands from the Northwest corner of the lands now or formerly
of Frank P. Truskalaski, thence along the lands now or formerly of Frank P. Truskalaski
North 75 degrees 47 minutes East One Thousand One Hundred Fifty-four and Twenty Hundredths
(1154.20) feet to a stake in the West line of State Highway Route #92, the place of
beginning.

BEING Tax Parcel No. 26-051-0-111-00-00-00.
BEING the same premises conveyed by The General State Authority to the Commonwealth
of Pennsylvania by deed dated June 16, 1989 and recorded January 12, 1990, in Wyoming
County in Deed Book Volume 256, Page 795.

(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)  Condition.--Any conveyance authorized under this section shall be made under and subject
to the condition, which shall be included in the deed of conveyance, that no portion
of the property conveyed shall be used as a licensed facility, as that term is defined
in 4 Pa.C.S. § 1103 (relating to definitions) or any 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 and 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.--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)  Covenants, conditions and restrictions.--The Secretary of General Services may impose
any covenants, conditions or restrictions on the property described in subsection
(b) at settlement as determined to be in the best interests of the Commonwealth.

(g)  Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the
grantee.

(h)  Alternate disposition.--In the event that the conveyance authorized in this section
is not completed within one year after the effective date of this section, the authority
to convey the property to Wyoming County as set forth in subsection (a) shall expire,
and the property may be disposed of in accordance with Article XXIV-A of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(i)  Proceeds.--The proceeds from the sale shall be deposited into the General Fund.
Section 3.  Conveyance in City of Pittsburgh, Allegheny County.
(a)  Authorization.--The Department of General Services, with the approval of the Department
of Corrections and the Governor, is hereby authorized on behalf of the Commonwealth
of Pennsylvania to grant and convey the following tracts of land, together with any
buildings, structures or improvements thereon, situate in the City of Pittsburgh,
Allegheny County, to John Bradley Wimer for $140,000, 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 two tracts totaling approximately 0.16 acre of land, including all buildings, structures
and improvements located thereon, more particularly described as follows:

ALL THOSE CERTAIN LOTS OR PIECES OF GROUND situate in the 27th Ward of the City of
Pittsburgh (formerly 11th Ward of the City of Allegheny), County of Allegheny, and
Commonwealth of Pennsylvania, being part of Lot No. 20 in Michael Geyer Heirs Plan
No. 2, as the same is recorded in the Recorder's Office of Allegheny County in Plan
Book Volume 19, page 177, being bounded and described as follows, to wit:

BEGINNING at a point on the Westerly side of Shadeland (formerly Geyer) Avenue at
the dividing line between Lots Nos. 21 and 20 in said plan; thence along said Westerly
side of Shadeland Avenue, South 8 degrees 15 minutes East, a distance of 49.0 feet
to a point; thence South 81 degrees 45 minutes West, and parallel with the dividing
line between said Lots Nos. 21 and 20, a distance of 125 feet to a point; thence North
6 degrees 15 minutes West and parallel with said Shadeland Avenue, a distance of 49.0
feet to the dividing line between Lots Nos. 21 and 20 in said Plan; and thence North
81 degrees 45 minutes East, along the dividing line between Lots Nos. 21 and 20, a
distance of 125 feet to the place of beginning.

BEGINNING at a point at the intersection of Lots Nos. 2, 3, 20 and 21 in said Plan
said point being distant 142.5 feet Eastwardly measured along the dividing line between
Lots Nos. 2 and 3 in said plan from the Easterly side of McClure Avenue; thence along
the dividing line between Lots Nos. 20 and 21 in said plan; Eastwardly, 17.5 feet
to line of land of Lenore Schwerd Getty; thence along said land, Southwardly, 49.0
feet to line of land of Irene Schwerd Fisher; thence along said land, parallel with
the dividing line between Lots Nos. 20 and 21 in said Plan, Westwardly 17.5 feet to
the dividing line between Lots Nos. 3 and 20 in said Plan; thence along said dividing
line, Northwardly, 49.0 feet to the place of beginning.

THE above two described parcels together make a lot 49 feet, more or less, fronting
on the Westerly side of Shadeland Avenue and extending back therefrom a uniform width
of 49 feet to a uniform depth of 142.5 feet, and having erected thereon a two and
one-half story brick building on the Easterly portion and a stucco garage on the Westerly
portion thereof, said lot in its entirety being designated as Block No. 75-D, Lot
No. 136 in the Allegheny County Deed Registry records.

Under and subject to a driveway agreement of an entire width totaling 7 ½ feet with
its center line being the boundary line of the South side of the lot herein conveyed
and the North side or boundary of land now or formerly owned by I.S. Fisher, as provided
in the said agreement between Irene Schwerd Fisher, widow, and Lenora Schwerd Getty,
also known as Lenore Schwerd Getty, widow, dated March 15, 1947, and recorded in Allegheny
County Deed Book Volume 2949, at Pate 69.

Being the same premises conveyed by James J. Carson, a single man, and Margaret Hall-Owens
Carson, widow, to the Commonwealth of Pennsylvania by deed dated June 2,1952 and recorded
at the Office of the Recorder of Deeds of Allegheny County at Deed Book Volume 3172
Page 709.

BEING Tax Parcel No. 75-D-136.
(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.--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 and 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 conveyance shall be by special warranty deed to be executed
by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(f)  Covenants, conditions and restrictions.--The Secretary of General Services may impose
any covenants, conditions or restrictions on the property described in subsection
(b) at settlement as determined to be in the best interests of the Commonwealth.

(g)  Alternate disposition.--In the event that the conveyance authorized herein is not
completed within one year after the effective date of this subsection, the authority
to convey the property to John Bradley Wimer as set forth in subsection (a) shall
expire, and 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.

(h)  Proceeds.--The proceeds from the sale shall be deposited into the General Fund.
Section 4.  Effective date.
This act shall take effect immediately.

Structure Pennsylvania Consolidated & Unconsolidated Statutes