HOUSE AMENDED
PRIOR PRINTER'S NOS. 2150, 2260 PRINTER'S NO. 2291
No. 1529 Session of 1998
INTRODUCED BY CORMAN, SEPTEMBER 18, 1998
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 1998
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor and the Department of
3 Conservation and Natural Resources, to sell and convey to
4 Stewardson Township, a certain tract of land situate in the
5 Township of Stewardson, Potter County, Pennsylvania; and <--
6 authorizing and directing the Department of General Services,
7 with the approval of the Governor, to purchase certain tracts
8 of land situate in Benner Township, Centre County,
9 Pennsylvania; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF <--
10 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
11 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION, TO ACQUIRE
12 CERTAIN TRACTS OF LAND SITUATE IN CORNPLANTER TOWNSHIP,
13 VENANGO COUNTY.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Authorization of sale POTTER COUNTY. <--
17 (A) The Department of General Services, with the approval of <--
18 the Governor and the Department of Conservation and Natural
19 Resources, is hereby authorized and directed on behalf of the
20 Commonwealth of Pennsylvania to grant, sell and convey to
21 Stewardson Township, for fair consideration equal to the fair
22 market value as established by an independent appraiser, a tract
1 of land as further described below. The property to be conveyed
2 is a single tract of land situate in the Township of Stewardson,
3 Potter County, Pennsylvania, bounded and described as follows:
4 BEGINNING, at the intersection of State Route 144 and the
5 centerline of Cross Fork Creek; thence easterly along the
6 centerline of said highway the following courses and distances:
7 North 70 degrees 05 minutes 11 seconds east, a distance of 18.14
8 feet; thence North 70 degrees 08 minutes 47 seconds East, a
9 distance of 72.16 feet; thence North 71 degrees 06 minutes 38
10 seconds East, a distance of 70.03 feet; thence North 73 degrees
11 45 minutes 19 seconds East, a distance of 73.00 feet; thence
12 North 78 degrees 25 minutes 35 seconds East, a distance of 71.58
13 feet; thence North 84 degrees 29 minutes 57 seconds East, a
14 distance of 72.59 feet; thence South 89 degrees 54 minutes 57
15 seconds East, a distance of 67.45 feet; thence South 84 degrees
16 33 minutes 11 seconds East, a distance of 65.31 feet; thence
17 South 78 degrees 41 minutes 25 seconds East, a distance of 70.24
18 feet; thence South 72 degrees 43 minutes 46 seconds East, a
19 distance of 74.52 feet; thence South 67 degrees 38 minutes 59
20 seconds East, a distance of 71.11 feet thence South 65 degrees
21 08 minutes 53 seconds East, a distance of 37.12 feet, to a point
22 in the centerline of State Route 144; thence leaving said road,
23 South 33 degrees 26 minutes 03 seconds West, a distance of
24 230.24 feet, to a point on the Northern edge of Kettle Creek;
25 thence down Kettle Creek the following courses and distances,
26 North 60 degrees 39 minutes 46 seconds West, a distance of 22.66
27 feet; thence North 64 degrees 08 minutes 47 seconds West, a
28 distance of 57.11 feet; thence North 53 degrees 40 minutes 22
29 seconds West, a distance of 55.82 feet; thence North 58 degrees
30 10 minutes 34 seconds West, a distance of 49.92 feet; thence
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1 North 43 degrees 11 minutes 37 seconds West, a distance of 56.13
2 feet; thence North 56 degrees 46 minutes 30 seconds West, a
3 distance of 56.79 feet; thence South 88 degrees 27 minutes 55
4 seconds West, a distance of 47.81 feet; thence South 78 degrees
5 41 minutes 35 seconds West, a distance of 57.19 feet; thence
6 South 75 degrees 47 minutes 38 seconds West, a distance of 52.67
7 feet; thence North 88 degrees 47 minutes 45 seconds West, a
8 distance of 49.91 feet; thence South 84 degrees 43 minutes 40
9 seconds West, a distance of 59.07 feet; thence South 69 degrees
10 34 minutes 12 seconds West, a distance of 61.40 feet; thence
11 South 69 degrees 34 minutes 12 seconds West, a distance of 38.41
12 feet, to the centerline of Cross Fork Creek; thence North 05
13 degrees 07 minutes 34 seconds West, a distance of 79.40 feet,
14 along the centerline of Cross Fork Creek to the Point of
15 Beginning.
16 Containing 2.23 ACRES, more or less.
17 Section 2. Conditions of sale. <--
18 (B) The conveyance authorized by section 1 THIS SECTION <--
19 shall be made under and subject to all lawful and enforceable
20 easements, servitudes and rights of others, including, but not
21 confined to, streets, roadways and rights of any telephone,
22 telegraph, cable, water, electric, sewer, gas or pipeline
23 companies, as well as under and subject to any lawful and
24 enforceable interest, estates or tenancies vested in third
25 persons, appearing of record, for any portion of the land or
26 improvement erected thereon.
27 Section 3. Deed. <--
28 (C) The deed of conveyance authorized by section 1 THIS <--
29 SECTION shall be by special Warranty deed and shall contain a
30 clause that the Grantee shall utilize the property for Municipal
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1 purposes. If at any time the Grantee or their successor in
2 function conveys said property or authorizes or permits said
3 property to be used for any purpose other than those
4 aforementioned, the property shall immediately revert to and
5 revest in the Commonwealth of Pennsylvania.
6 Section 4. Pedestrian access clause. <--
7 (D) The deed of conveyance authorized by section 1 THIS <--
8 SECTION shall contain a clause that the Grantee shall allow
9 pedestrian access across the premises to Kettle Creek and Cross
10 Fork Creek.
11 Section 5. Execution of deed. <--
12 (E) The deed of conveyance authorized by section 1 THIS <--
13 SECTION shall be approved as provided by law and shall be
14 executed by the Secretary of General Services in the name of the
15 Commonwealth of Pennsylvania. In the event that this conveyance
16 is not executed within 12 months of the effective date of this
17 act, the property shall be disposed of in accordance with
18 Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),
19 known as The Administrative Code of 1929.
20 Section 6. Costs of sale. <--
21 (F) Costs and fees incidental to the conveyance authorized <--
22 by section 1 THIS SECTION shall be borne by the Grantees. <--
23 Section 7. Authorization of purchase. 2. CENTRE COUNTY. <--
24 (A) The Department of General Services, with the approval of <--
25 the Governor, is authorized to purchase on behalf of the
26 Department of Corrections, for fair market value as determined
27 by an independent appraisal the following tracts of land situate
28 in Benner Township, Centre County, Pennsylvania, described as
29 follows:
30 TRACT NO. 1
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1 BEGINNING at a rock oak; thence by land of Valentins, South
2 30 degrees East, 85 perches to a red oak; thence North 72
3 degrees East, 32 perches; thence by land of Christian Dale,
4 North 2 degrees East, 40 perches to a rock oak, thence North 33
5 degrees West, 24 perches to a chestnut oak; thence North 57
6 degrees East, 10 perches to a chestnut oak; thence by land of J.
7 Noll, North 26 degrees West, 18 perches to a black oak; thence
8 North 42 degrees West, 20 perches to stones; thence South 58
9 degrees West, 60 perches to the place of beginning.
10 Containing approximately 28.86 acres and being known as
11 Centre County Uniform Parcel Identifier Tax Parcel Number 12-05-
12 036.
13 TRACT NO. 2
14 BEGINNING at a red oak; thence by land of Wistars, South 57
15 degrees West, 40 5/10 perches to stones; thence by land of
16 William Simmons heirs, South 42 degrees East, 20 perches to
17 black oak; thence by same, South 26 degrees East, 18 perches to
18 chestnut oak; thence by same, South 57 degrees West, 10 perches
19 to chestnut oak; thence by same, South 33 degrees East, 24
20 perches to chestnut oak; thence by land of Siney Hoy, North 57
21 degrees East, 55 perches to stones; thence by land of Henry
22 Noll, North 38 degrees West, 61 perches to the place of
23 beginning and being known as Centre County Uniform Parcel
24 Identifier Tax Parcel Number p/o 12-5/36.
25 BEING the same premises which became vested in Neil Walker
26 the Grantor herein by a Decree Awarding Real Estate from the
27 Margaret A. Hild Estate dated October 27, 1994, as recorded in
28 Centre County Record Book 784, Page 978.
29 Containing approximately 17.46 acres and being known as
30 Centre County Uniform Parcel Identifier Tax Parcel Number 12-05-
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1 036.
2 Both parcels being the same premises as described in Centre
3 County Deed Book 195, page 385, consisting of approximately
4 46.32 acres.
5 Section 8. Costs and fees. <--
6 (B) The costs and fees incurred by the Department of General <--
7 Services for the acquisition of the tracts of land described in
8 section 7 THIS SECTION shall be reimbursed by the Department of <--
9 Corrections.
10 SECTION 3. VENANGO COUNTY. <--
11 (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
12 THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION, IS HEREBY
13 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH, TO
14 ACQUIRE BY GIFT TRACT NOS. 1 AND 2.
15 TRACT 1
16 (PITHOLE WELL NO. 2)
17 THE OIL AND GAS RIGHTS TO THAT CERTAIN PIECE OF LAND SITUATE
18 IN CORNPLANTER TOWNSHIP, VENANGO COUNTY, ACQUIRED BY GIFT ON
19 FEBRUARY 18, 1998, BY THE COLONEL, INC., FROM OLYMPIA OIL
20 SERVICE, INC. BEING THE SAME TRACT AND OIL AND GAS RIGHTS TO THE
21 TRACT CONVEYED TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
22 COMMISSION, UNDER ACT NO. 325, APPROVED THE 8TH DAY OF AUGUST,
23 1963, BOUNDED AND DESCRIBED AS FOLLOWS:
24 ON THE NORTH BY THE LAND OF AUBURN FITTS, FORMERLY MOREY
25 FARM, AND LAND OF ROBERT CRAWFORD, FORMERLY WEBSTER FARM AND NOW
26 OWNED BY A PITTSBURGH OIL COMPANY; ON THE EAST BY LAND OF BRYAN
27 IVERS, FORMERLY THOMAS HOLMDEN; ON THE SOUTH BY LAND M.S.
28 CARNAHAN, FORMERLY MRS. J.W. MCINTYRE, FORMERLY ROOKER FARM; AND
29 ON THE WEST BY THE LAND OF THE HOLMDEN HEIRS, CONTAINING NINETY-
30 FIVE ACRES, MORE OR LESS.
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1 FORMERLY PART OF THE HOLMDEN FARM AND LOCATED ON THE SITE OF
2 PITHOLE CITY, VENANGO COUNTY, PENNSYLVANIA; PRESENTLY BOUNDED ON
3 THE NORTH BY LANDS OF RICHARD B. ROBERTS, ET AL.; ON THE EAST
4 AND SOUTH BY LANDS OF RAY CONWAY AND JAMES D. BERRY; AND ON WEST
5 BY LANDS OF RAY CONWAY AND JAMES D. BERRY, BEING PREVIOUSLY
6 DESCRIBED IN VENANGO COUNTY ASSESSMENT MAPS AS CONTAINING
7 EIGHTY-FIVE ACRES, THE EXACT ACREAGE BEING UNDETERMINED. IT IS
8 THE INTENTION OF THE PARTIES HERETO THAT THIS IS A SALE IN GROSS
9 AND NOT BY THE ACRE.
10 BEING OR INTENDED TO BE THE SAME LAND A ONE-HALF INTEREST IN
11 WHICH WAS ACQUIRED BY EVA L. SMITH, BY DEED OF MARY TWITCHELL
12 DALE, DATED OCTOBER 31, 1918, AND RECORDED IN VENANGO COUNTY
13 DEED BOOK 369, PAGE 13, AND THE OTHER ONE-HALF INTEREST BY DEED
14 OF FRANK E. TWITCHELL, ET UX., DATED MAY 10, 1916, AND RECORDED
15 IN THE RECORDS OF VENANGO COUNTY DEED BOOK 345, PAGE 507. THE
16 SAID EVA L. SMITH DIED TESTATE ON SEPTEMBER 27, 1937, LEAVING A
17 LAST WILL AND TESTAMENT FILED OF RECORD IN VENANGO COUNTY IN
18 WILL BOOK 32, PAGE 164, BY WHICH SHE DEVISED THE ABOVE PROPERTY
19 TO HER TWO SONS, LELAND C. SMITH AND MILES K. SMITH, GRANTEES
20 HEREIN, AS WILL MORE FULLY AT LARGE APPEAR IN THE RECORDS OF
21 VENANGO COUNTY, PENNSYLVANIA, DEED TO JAMES B. STEVENSON, DATED
22 OCTOBER 18, 1957, AND RECORDED IN DEED BOOK 619, PAGE 418.
23 TRACT 2
24 (MCCLINTOCK WELL NO. 1)
25 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE
26 TOWNSHIP OF CORNPLANTER, IN THE COUNTY OF VENANGO AND
27 COMMONWEALTH OF PENNSYLVANIA, ACQUIRED BY THE COLONEL, INC.,
28 FROM QUAKER STATE CORPORATION, BY DEED DATED MAY 26, 1998, AND
29 BOUNDED AND DESCRIBED AS FOLLOWS:
30 BEGINNING AT A POINT IN THE CENTER LINE OF THE TOWNSHIP ROAD
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1 LEADING FROM ROUSEVILLE TO RYND FARM WHERE SAID ROAD INTERSECTS
2 THE NORTHWEST BOUNDARY OF THE RIGHT-OF-WAY OF THE PENNSYLVANIA
3 RAILROAD; THENCE ALONG THE CENTER LINE OF SAID ROAD IN A
4 NORTHERLY DIRECTION TO THE SOUTHWEST CORNER OF LAND CONVEYED BY
5 QUAKER STATE TO ROGERS; THENCE EASTERLY ALONG THE SOUTHERN
6 BORDER OF SAID ROGERS LAND TO THE LOW WATER MARK ON THE WEST
7 BANK OF OIL CREEK; THENCE SOUTHERLY ALONG SAID WEST BANK OF OIL
8 CREEK TO A POINT WHERE SAID WEST BANK INTERSECTS WITH THE
9 NORTHWESTERLY LINE OF THE PENNSYLVANIA RAILROAD RIGHT-OF-WAY;
10 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT-OF-WAY TO A POINT AT
11 THE PLACE OF BEGINNING.
12 CONTAINING APPROXIMATELY 5.5 ACRES MORE OR LESS.
13 BEING OR INTENDED TO BE A PART OF THE SAME PREMISES CONVEYED
14 TO QUAKER STATE OIL REFINING CORPORATION BY BRUNDRED OIL
15 CORPORATION BY DEED DATED SEPTEMBER 1, 1952, AND RECORDED IN THE
16 RECORDER'S OFFICE OF VENANGO COUNTY DEED BOOK 561, PAGE 165.
17 (B) THE ACQUISITIONS SHALL BE MADE UNDER AND SUBJECT TO ALL
18 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
19 CONFINED TO, STREETS, ROADWAYS, AND RIGHTS OF ANY TELEPHONE,
20 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
21 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES, OR TENANCIES
22 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
23 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
24 (C) THE DEEDS OF ACQUISITION SHALL BE APPROVED AS PROVIDED
25 BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
26 SERVICES IN THE NAME OF THE COMMONWEALTH.
27 (D) COSTS AND FEES INCIDENTAL TO THESE ACQUISITIONS SHALL BE
28 BORNE BY THE GRANTEE.
29 Section 9 4. Effective date. <--
30 This act shall take effect immediately.
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