HOUSE AMENDED
        PRIOR PRINTER'S NOS. 461, 2397, 2706,         PRINTER'S NO. 3582
        3153, 3482

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 423 Session of 1987


        INTRODUCED BY PHILLIPS, FEBRUARY 24, 1987

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           JUNE 29, 1988

                                     AN ACT

     1  Authorizing the Department of Transportation, with the approval
     2     of the Governor, to convey to the Borough of Shamokin Dam two
     3     parcels of land in the Borough of Shamokin Dam, Snyder
     4     County, Pennsylvania; and authorizing the Secretary of         <--
     5     Environmental Resources to add certain parcels of land
     6     situate in Jefferson Township, Somerset County, to Forbes
     7     State Forest; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF  <--
     8     GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
     9     DEPARTMENT OF AGRICULTURE, TO SELL AND CONVEY A TRACT OF LAND
    10     SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  (a)  Conveyance to Borough of Shamokin Dam.--The
    14  Department of Transportation, with the approval of the Governor,
    15  is authorized and directed on behalf of the Commonwealth of
    16  Pennsylvania to grant and convey, for a consideration of one-
    17  half of its fair market value as determined by the Department of
    18  Transportation, to the Borough of Shamokin Dam the two following
    19  tracts or parcels of land situate in the Borough of Shamokin
    20  Dam, Snyder County, Pennsylvania:

     1                          Parcel Number 1.
     2     All that certain piece, parcel or lot of land situate in
     3  Borough of Shamokin Dam, Snyder County, Pennsylvania, as more
     4  particularly described in accordance with a survey prepared by
     5  William C. Hilling, a Professional Land Surveyor, Pennsylvania
     6  Registration No. 22340-E on September 23, 1986, as follows:
     7     Beginning at a set PK nail in the intersection of the west
     8  line of Legislative Route No. 54067 (Old Trail Road) and north
     9  line of Sixth Avenue; thence north 63 degrees 15 minutes 13
    10  seconds west along the north line of Sixth Avenue a distance of
    11  233.78 feet to a set PK nail; thence north 27 degrees 30 minutes
    12  16 seconds east along the east line of Center Street a distance
    13  of 230.78 feet to a set iron pin; thence along the east and
    14  south line of a service road the following three courses and
    15  distances: (1) north 68 degrees 22 minutes 16 seconds east a
    16  distance of 44.55 feet to a set iron pin; (2) north 83 degrees
    17  00 minutes 32 seconds east a distance of 144.56 feet to a set
    18  iron pin; (3) south 71 degrees 41 minutes 25 seconds east a
    19  distance of 82.93 feet to a set iron pin on the south line of
    20  Legislative Route No. 54067; thence along the west line of
    21  Legislative Route No. 54067 the following two courses and
    22  distances: (1) south 27 degrees 21 minutes 17 seconds west a
    23  distance of 256.17 feet to a set iron pin; (2) south 26 degrees
    24  10 minutes 30 seconds west a distance of 100.35 feet to the
    25  point of beginning.
    26     Containing 1.66 acres.
    27                          Parcel Number 2.
    28     All that certain piece, parcel or lot of land situate in the
    29  Borough of Shamokin Dam, Snyder County, Pennsylvania, as more
    30  particularly described in accordance with a survey prepared by
    19870H0423B3582                  - 2 -

     1  William C. Hilling, a Professional Land Surveyor, Pennsylvania
     2  Registration No. 22340-E on June 6, 1986, as follows:
     3     Beginning at a set iron pin at the intersection of west line
     4  of Helen Street and the north line of Walnut Street (now
     5  abandoned) and at the southeast corner of the lot of land herein
     6  described; thence north 51 degrees 00 minutes 00 seconds west
     7  along the north line of Walnut Street a distance of 138.01 feet
     8  to a set iron pin; thence along the east right-of-way line of
     9  Legislative Route No. 25 E.B. the following two courses and
    10  distances: (1) north 60 degrees 49 minutes 10 seconds east a
    11  distance of 115.70 feet to a set iron pin; (2) north 67 degrees
    12  54 minutes 10 seconds east a distance of 184.02 feet to a set
    13  iron pin; thence south 37 degrees 42 minutes 10 seconds west
    14  along the west line of Helen Street a distance of 268.56 feet to
    15  a point of beginning.
    16     Containing 0.46 acres.
    17     (b)  Easements, etc.--The conveyance shall be made under and
    18  subject to all easements, servitudes and rights of others,
    19  including, but not confined to, streets, roadways and rights of
    20  any telephone, telegraph, water, electric, sewer, gas or
    21  pipeline companies, as well as under and subject to any
    22  interest, estates or tenancies vested in third persons, whether
    23  or not appearing of record, for any portion of the land or
    24  improvements erected thereon.
    25     (c)  Approval.--The deed of conveyance shall be approved as
    26  provided by law and shall be executed by the Secretary of
    27  Transportation in the name of the Commonwealth of Pennsylvania.
    28     (d)  Costs.--Costs and fees incidental to this conveyance
    29  shall be borne by the grantee.
    30     (e)  Deed.--The deed of conveyance shall contain a clause
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     1  that the lands conveyed shall be used by the Borough of Shamokin
     2  Dam for borough purposes that benefit the public and if at any
     3  time the Borough of Shamokin Dam conveys, transfers, sells or
     4  permits the property to be used for any purpose other than those
     5  aforementioned, the title thereto shall immediately revert to
     6  and revest in the Commonwealth of Pennsylvania.
     7     (f)  Proceeds.--Proceeds from the conveyance provided for in
     8  this act shall be deposited in the Motor License Fund.
     9     Section 2.  The Secretary of Environmental Resources is
    10  hereby authorized to add two tracts of land, formerly
    11  administered as part of Laurel Hill State Park, to Forbes State
    12  Forest, subject to all laws and regulations concerning the
    13  administration of State forest lands in the Commonwealth. The
    14  tracts of land to be so added are described as follows:
    15     All those two parcels of land situate in Jefferson Township,
    16  Somerset County, lying to the north and west of the center of
    17  Beltz Road, being part of a larger tract of land conveyed by the
    18  United States of America to the Commonwealth of Pennsylvania by
    19  deed dated October 25, 1945, and recorded in the office of the
    20  Somerset County Recorder of Deeds at Deed Book Volume 363, page
    21  78.
    22     Containing 297.52 acres, more or less.
    23     SECTION 3.  (A)  CONVEYANCE TO CAPITAL AREA INTERMEDIATE       <--
    24  UNIT.--THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
    25  THE GOVERNOR AND THE DEPARTMENT OF AGRICULTURE, IS AUTHORIZED
    26  AND DIRECTED ON BEHALF OF THE COMMONWEALTH TO SELL AND CONVEY TO
    27  THE CAPITAL AREA INTERMEDIATE UNIT, FOR A CONSIDERATION OF ONE-
    28  HALF OF THE FAIR MARKET VALUE, THE FOLLOWING TRACT OF LAND
    29  SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,
    30  PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
    19870H0423B3582                  - 4 -

     1     BEGINNING AT A POINT, SAID POINT BEING THE RIGHT-OF-WAY
     2  INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF FIRST STREET,
     3  S.R.1019, AND THE SOUTHERN RIGHT-OF-WAY LINE OF RAILROAD AVENUE,
     4  RELOCATED; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF
     5  RAILROAD AVENUE NORTH 43 DEGREES 33 MINUTES 46 SECONDS EAST, A
     6  DISTANCE OF 161.74 FEET TO A POINT; THENCE ALONG THE SAME ON AN
     7  ARC OF A CURVE CURVING TO THE LEFT, HAVING A RADIUS OF 318.83
     8  FEET, AN ARC LENGTH OF 207.60 FEET TO A POINT; THENCE ALONG LAND
     9  OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NORTH 43 DEGREES 25
    10  MINUTES 31 SECONDS EAST, A DISTANCE OF 134.76 FEET TO A POINT;
    11  THENCE ALONG THE SAME NORTH 26 DEGREES 53 MINUTES 28 SECONDS
    12  WEST, A DISTANCE OF 544.42 FEET TO A POINT; THENCE ALONG THE
    13  SOUTHERN RIGHT-OF-WAY LINE OF I-81, S.R.0081, NORTH 63 DEGREES
    14  15 MINUTES 26 SECONDS EAST, A DISTANCE OF 741.36 FEET TO A
    15  POINT; THENCE ALONG THE SAME ON AN ARC OF A CURVE CURVING TO THE
    16  RIGHT, HAVING A RADIUS OF 2,984.55 FEET, AN ARC LENGTH OF 247.75
    17  FEET TO A POINT; THENCE ALONG LAND OF THE ESTATE OF RUTH V.
    18  MILLER SOUTH 53 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE
    19  OF 657.79 FEET TO A POINT; THENCE ALONG LAND OF THE COMMONWEALTH
    20  OF PENNSYLVANIA SOUTH 63 DEGREES 15 MINUTES 26 SECONDS WEST, A
    21  DISTANCE OF 942.77 FEET TO A POINT; THENCE ALONG THE SAME SOUTH
    22  43 DEGREES 33 MINUTES 47 SECONDS WEST, A DISTANCE OF 787.38 FEET
    23  TO A POINT; THENCE ALONG THE EASTERN RIGHT-OF-WAY LINE OF FIRST
    24  STREET NORTH 46 DEGREES 26 MINUTES 13 SECONDS WEST, A DISTANCE
    25  OF 100.00 FEET TO A POINT THE POINT OF BEGINNING. SAID TRACT
    26  CONTAINS 775,012.50 SQUARE FEET OR 17.33 ACRES.
    27     (B)  EASEMENTS, ETC.--THE CONVEYANCE SHALL BE MADE UNDER AND
    28  SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
    29  INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
    30  TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE
    19870H0423B3582                  - 5 -

     1  COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES
     2  OR TENANCIES VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING
     3  OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED
     4  ON THE LAND.
     5     (C)  RESTRICTION ON USE OF PROPERTY.--THE DEED OF CONVEYANCE
     6  SHALL CONTAIN A CLAUSE THAT THE PROPERTY CONVEYED SHALL BE USED
     7  FOR SCHOLASTIC AND RECREATION PURPOSES BY THE CAPITAL AREA
     8  INTERMEDIATE UNIT AND, IF AT ANY TIME THE CAPITAL AREA
     9  INTERMEDIATE UNIT OR ITS SUCCESSOR IN FUNCTION CONVEYS THE
    10  PROPERTY OR PERMITS THE PROPERTY TO BE USED FOR ANY PURPOSE
    11  OTHER THAN THOSE SPECIFIED IN THIS SUBSECTION, THE TITLE TO THE
    12  PROPERTY SHALL IMMEDIATELY REVERT TO THE COMMONWEALTH.
    13     (D)  APPROVAL.--THE DEED OF CONVEYANCE SHALL BE APPROVED AS
    14  PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
    15  GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH.
    16     (E)  COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE
    17  CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
    18     Section 3 4.  This act shall take effect as follows:           <--
    19         (1)  Section 1 shall take effect in 60 days.
    20         (2)  Section 2 SECTIONS 2 AND 3 shall take effect          <--
    21     immediately.






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