SENATE AMENDED

 

PRIOR PRINTER'S NOS. 443, 922, 2180

PRINTER'S NO.  2225

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

488

Session of

2011

  

  

INTRODUCED BY HUTCHINSON, FEBRUARY 4, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2011   

  

  

  

AN ACT

  

1

Authorizing Venango County to convey a right-of-way over certain

2

Project 70 lands in Oakland Township, Venango County, free of

3

restrictions imposed by the Project 70 Land Acquisition and

4

Borrowing Act; authorizing the Department of General

<--

5

Services, with the approval of the Department of Conservation

6

and Natural Resources and the Governor, to grant and convey

7

to East Norriton Township certain lands situate in East

8

Norriton Township, Montgomery County, in exchange for East

9

Norriton Township's granting and conveying certain lands to

10

the Commonwealth of Pennsylvania to be added to the existing

11

lands of the Norristown Farm Park; authorizing the Department

12

of General Services, with the approval of the Department of

13

Conservation and Natural Resources and the Governor, to

14

remove the deed restrictions on a portion of the lands

15

previously conveyed by the Department of General Services in

16

accordance with section 1(c) of the act of July 10, 1985

17

(P.L.201, No.51); authorizing East Norriton Township to

18

convey the property it receives from the Commonwealth of

19

Pennsylvania pursuant to this act to Montgomery County for

20

nominal consideration for public highway improvements;

21

authorizing and directing the Department of General Services,

22

with the approval of the Governor, to grant and convey to the

23

County of Chester certain lands situate in East Vincent

24

Township, Chester County; authorizing the Department of

25

General Services, with the approval of the Department of

26

Conservation and Natural Resources and the Governor, to grant

27

and convey to Ohiopyle Borough certain lands situate in

28

Ohiopyle Borough, Fayette County, in exchange for Ohiopyle

29

Borough granting and conveying certain lands to the

30

Commonwealth of Pennsylvania to be added to those existing

31

lands at Ohiopyle State Park; authorizing the Department of

32

Conservation and Natural Resources, with the approval of the

33

Governor, to grant and convey to Kyle A. and Tamara J. Boltz

34

certain lands situate in Union Township, Lebanon County, in

 


1

exchange for Kyle A. and Tamara J. Boltz's granting and

2

conveying certain lands to the Commonwealth of Pennsylvania,

3

Department of Conservation and Natural Resources, to be added

4

to those existing lands at Swatara State Park; authorizing

5

the Department of General Services, with the approval of the

6

Governor, to grant and convey to the Susquehanna Township

7

Authority a permanent sanitary sewer easement over certain

8

lands of the Commonwealth of Pennsylvania, situate in

9

Susquehanna Township, Dauphin County; authorizing the

10

Department of General Services, with the approval of the

11

Governor, to grant and convey to the County of Lackawanna

12

Transit System Authority (COLTS), certain lands situate in

13

the City of Scranton, Lackawanna County, in exchange for a

14

certain tract of land from COLTS situate in the City of

15

Scranton, Lackawanna County; and making a related repeal.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  Release of restrictions in Venango County.

19

(a)  Authorization.--Pursuant to the requirements of section

20

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

21

known as the Project 70 Land Acquisition and Borrowing Act, the

22

General Assembly hereby authorizes the release of Project 70

23

restrictions and sale of a right-of-way over the lands owned by

24

Venango County which are more particularly described in

25

subsection (c).

26

(b)  Freedom of restrictions.--The lands described in

27

subsection (c) shall be free of restrictions on use and

28

alienation imposed by Project 70 Land Acquisition and Borrowing

29

Act upon conveyance of a right-of-way over the lands described

30

in subsection (c) to Oakland Township. This release of Project

31

70 restrictions is necessary due to a bridge replacement project

32

on Township Road 450, known as Cherrytree Road, in Two Mile Run

33

County Park, Oakland Township, Venango County.

34

(c)  Lands to be released from restrictions.--The parcels of

35

land to be released from Project 70 restrictions are situated in

36

Oakland Township, Venango County, and are more particularly

37

described as follows:

- 2 -

 


1

Parcel 1

2

All that certain piece, parcel or tract of land situate in

3

Oakland Township, Venango County, Pennsylvania, bounded and

4

described as follows, to wit:

5

Beginning at a point on the westerly right-of-way line of

6

Township Road 450, said point being at station 2+00 offset 16.50

7

feet left; Thence, North 06°25'58" West a distance of 28.65 feet

8

to a point, said point being station 2+25 offset 30.50 feet

9

left; Thence, North 22°49'09" East a distance of 200.00 feet to

10

a point, said point being station 4+25 offset 30.50 feet left;

11

Thence, North 41°35'50" East a distance of 26.41 feet to a

12

point, said point being station 4+50 offset 22.00 feet left;

13

Thence, North 22°49'09" East a distance of 100.00 feet to a

14

point, said point being station 5+50 offset 22.00 feet left;

15

Thence, South 67°10'51" East a distance of 5.50 feet to a point,

16

said point lying on the westerly right-of-way line of said T-450

17

and being station 5+50 offset 16.50 feet left; Thence, along

18

said right-of-way line South 22°49'09" West a distance of 350.00

19

feet to a point and the Place of Beginning.

20

CONTAINING 3,769 sq. ft. or 0.09 acres according to the Township

21

of Oakland, Cherrytree Road, T-450, Drawings Authorizing

22

Acquisition of Right-of-Way Plans, sheet 4 of 5.

23

Parcel 2

24

All that certain piece, parcel or tract of land situate in

25

Oakland Township, Venango County, Pennsylvania, bounded and

26

described as follows, to wit:

27

Beginning at a point on the easterly right-of-way line of

28

Township Road 450, said point being at station 2+00 offset 16.50

29

feet right; Thence, North 22°49'09" East a distance of 350.00

30

feet to a point, said point being station 5+50 offset 16.50 feet

- 3 -

 


1

right; Thence, South 67°10'51" East a distance of 17.00 feet to

2

a point, said point being station 5+50 offset 33.50 feet right;

3

Thence, South 22°49'09" West a distance of 325.00 feet to a

4

point, said point being station 2+25 offset 33.50 feet right;

5

Thence, South 57°02'06" West a distance of 30.23 feet to a point

6

and the Place of Beginning.

7

CONTAINING 5,738 sq. ft. or 0.13 acres according to the Township

8

of Oakland, Cherrytree Road, T-450, Drawings Authorizing

9

Acquisition of Right-of-Way Plans, sheet 4 of 5.

10

Section 2.  Conveyance in East Norriton Township, Montgomery

<--

11

County.

12

(a)  Authorization.--The Department of General Services, with

13

the approval of the Department of Conservation and Natural

14

Resources and the Governor, is hereby authorized on behalf of

15

the Commonwealth of Pennsylvania to grant and convey to East

16

Norriton Township, certain lands situate in East Norriton

17

Township, Montgomery County, in exchange for the conveyance of a

18

certain parcel of property from East Norriton Township in

19

accordance with subsection (c).

20

(b)  Property description.--The property to be conveyed in

21

accordance with subsection (a) consists of three tracts of land

22

totaling approximately 1.907 acres and improvements thereon

23

bounded and more particularly described as follows:

24

Tract 1

25

BEGINNING at a point on the southwesterly legal right-of-way

26

line of Germantown Pike (a.k.a. West Germantown Pike, 50 foot

27

wide legal right-of-way, variable width required right-of-way,

28

county roadway) at the intersection of the dividing line between

29

unit 6, block 5, APN #33-00-08140-008, lands now or formerly the

30

Commonwealth of Pennsylvania and unit 58, block 5f, APN

- 4 -

 


1

#33-00-02897-004, lands now or formerly Barleyvale Associates,

2

LLC and from said point of beginning running, THENCE;

3

1.  Along the dividing line between unit 6, block 5 and unit 58,

4

block 5f, passing over a concrete monument at 16.69 feet, south

5

11 degrees 55 minutes 47 seconds west, a distance of 20.82 feet

6

to a point on the southwesterly required right-of-way line of

7

Germantown Pike, THENCE;

8

The following fifteen (15) courses and distances along the

9

southwesterly required right-of-way line of Germantown Pike:

10

2.  Along the arc of a circle curving to the right, having a

11

radius of 24,949.05 feet, a central angle of 00 degrees 30

12

minutes 08 seconds, an arc length of 218.63 feet, a chord

13

bearing north 78 degrees 35 minutes 14 seconds west and a chord

14

distance of 218.63 feet to a non-tangent point, THENCE;

15

3.  North 79 degrees 00 minutes 27 seconds west, a distance of

16

380.41 feet to a point of curvature, THENCE;

17

4.  Along the arc of a circle curving to the right, having a

18

radius of 7,050.71 feet, a central angle of 05 degrees 54

19

minutes 38 seconds, an arc length of 727.33 feet, a chord

20

bearing north 76 degrees 03 minutes 08 seconds west and a chord

21

distance of 727.01 feet to a point of tangency, THENCE;

22

5.  North 73 degrees 05 minutes 50 seconds west, a distance of

23

16.45 feet to a point, THENCE;

24

6.  Along the arc of a circle curving to the right, having a

25

radius of 11,415.21 feet, a central angle of 00 degrees 22

26

minutes 04 seconds, an arc length of 73.25 feet, a chord bearing

27

north 72 degrees 54 minutes 48 seconds west and a chord bearing

28

73.25 feet to a point of compound curvature, THENCE;

29

7.  Along the arc of a circle curving to the right, having a

30

radius of 7,040.67 feet, a central angle of 02 degrees 57

- 5 -

 


1

minutes 42 seconds, an arc length of 363.95 feet, a chord

2

bearing north 71 degrees 14 minutes 55 seconds west and a chord

3

distance of 363.91 feet to a point, THENCE;

4

8.  North 69 degrees 46 minutes 04 seconds west, a distance of

5

13.67 feet to a point of curvature, THENCE;

6

9.  Along the arc of a circle curving to the left, having a

7

radius of 6,959.33 feet, a central angle of 01 degrees 31

8

minutes 10 seconds, an arc length of 184.57 feet, a chord

9

bearing north 70 degrees 31 minutes 39 seconds west and a chord

10

distance of 184.56 feet to a point, THENCE;

11

10.  South 18 degrees 42 minutes 46 seconds west, a distance of

12

25.00 feet to a point of curvature, THENCE;

13

11.  Along the arc of a circle curving to the left, having a

14

radius of 6,934.33 feet, a central angle of 00 degrees 16

15

minutes 39 seconds, an arc length of 33.59 feet, a chord bearing

16

north 71 degrees 25 minutes 34 seconds west and a chord distance

17

of 33.59 feet to a point, THENCE;

18

12.  North 18 degrees 26 minutes 07 seconds east, a distance of

19

25.00 feet to a point of curvature, THENCE;

20

13.  Along the arc of a circle curving to the left, having a

21

radius of 6,959.33 feet, a central angle of 01 degrees 07

22

minutes 18 seconds, an arc length of 136.23 feet, a chord

23

bearing north 72 degrees 07 minutes 32 seconds west and a chord

24

distance of 136.22 feet to a point, THENCE;

25

14.  South 16 degrees 59 minutes 10 seconds west, a distance of

26

14.89 feet to a point, THENCE;

27

15.  North 73 degrees 00 minutes 50 seconds west, a distance of

28

120.00 feet to a point, THENCE;

29

16.  North 16 degrees 59 minutes 10 seconds east, a distance of

30

15.94 feet to a point on the southwesterly legal right-of-way

- 6 -

 


1

line of Germantown Pike, THENCE;

2

the following two (2) courses and distances along the

3

southwesterly legal right-of-way line of Germantown Pike:

4

17.  South 73 degrees 11 minutes 04 seconds east, a distance of

5

1,295.64 feet to a point, THENCE;

6

18.  South 78 degrees 27 minutes 56 seconds east, a distance of

7

970.22 feet to the point and place of beginning.

8

Containing 46,224 square feet or 1.061 acres.

9

Tract 2

10

BEGINNING at a drill hole on the southwesterly legal right-of-

11

way line of Germantown Pike (a.k.a. West Germantown Pike, 50

12

foot wide legal right-of-way, variable width required right-of-

13

way, county roadway) at the intersection of the dividing line

14

between unit 6, block 5, APN #33-00-08140-008 lands now or

15

formerly the Commonwealth of Pennsylvania and unit 35, block 5,

16

APN #33-00-10679-007, lands now or formerly East Norriton Fire

17

Co. and from said point of beginning running, THENCE;

18

1.  Along the southwesterly legal right-of-way line of

19

Germantown Pike, south 73 degrees 11 minutes 04 seconds east, a

20

distance of 504.09 feet to a point on the southwesterly required

21

right-of-way line of Germantown Pike, THENCE;

22

the following twelve (12) courses and distances along the

23

southwesterly required right-of-way line of Germantown Pike:

24

2.  South 15 degrees 41 minutes 38 seconds west, a distance of

25

15.30 feet to a point of curvature, THENCE;

26

3.  Along the arc of a circle curving to the left, having a

27

radius of 5,946.83 feet, a central angle of 00 degrees 43

28

minutes 21 seconds, an arc length of 75.00 feet, a chord bearing

29

north 74 degrees 40 minutes 03 seconds west and a chord distance

30

of 75.00 feet to a point, THENCE;

- 7 -

 


1

4.  South 15 degrees 01 minutes 10 seconds west, a distance of

2

9.99 feet to a point, THENCE;

3

5.  North 74 degrees 58 minutes 50 seconds west, a distance of

4

30.00 feet to a point, THENCE;

5

6.  North 15 degrees 01 minutes 10 seconds east, a distance of

6

24.89 feet to a point of curvature, THENCE;

7

7.  Along the arc of a circle curving to the left, having a

8

radius of 5,961.83 feet, a central angle of 00 degrees 52

9

minutes 40 seconds, an arc length of 91.34 feet, a chord bearing

10

north 75 degrees 45 minutes 21 seconds west and a chord distance

11

of 91.34 feet to a point of reverse curvature, THENCE;

12

8.  Along the arc of a circle curving to the right, having a

13

radius of 4,264.84 feet, a central angle of 00 degrees 50

14

minutes 28 seconds, an arc length of 62.60 feet, a chord bearing

15

north 75 degrees 46 minutes 28 seconds west and a chord distance

16

of 62.60 feet to a point, THENCE;

17

9.  South 14 degrees 39 minutes 35 seconds west, a distance of

18

5.00 feet to a point of curvature, THENCE;

19

10.  Along the arc of a circle curving to the right, having a

20

radius of 4,269.84 feet, a central angle of 00 degrees 40

21

minutes 18 seconds, an arc length of 50.06 feet, a chord bearing

22

north 75 degrees 01 minutes 04 seconds west and a chord distance

23

of 50.06 feet to a point, THENCE;

24

11.  North 15 degrees 19 minutes 05 seconds east, a distance of

25

5.00 feet to a point of curvature, THENCE;

26

12.  Along the arc of a circle curving to the right, having a

27

radius of 4,264.84 feet, a central angle of 01 degrees 43

28

minutes 06 seconds, an arc length of 127.90 feet, a chord

29

bearing north 73 degrees 49 minutes 22 seconds west and a chord

30

distance of 127.89 feet to a point of tangency, THENCE;

- 8 -

 


1

13.  North 72 degrees 57 minutes 50 seconds west, a distance of

2

69.07 feet to a point, THENCE;

3

14.  Along the dividing line between unit 6, block 5 and unit

4

35, block 5, north 24 degrees 31 minutes 09 seconds east, a

5

distance of 13.10 feet to the point and place of beginning.

6

Containing 6,421 square feet or 0.147 acre.

7

Tract 3

8

Corner of Whitehall and Germantown Pike

9

Parcel #33-00-02978-004

10

(one parcel to be transferred in 3 pieces)

11

Tract 3(a)

12

BEGINNING at a point on the southwesterly legal right-of-way of

13

Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal

14

right-of-way, variable width required right-of-way, county

15

roadway), at the intersection of the dividing line between APN

16

#33-00-02978-004, unit 36, block 5, lands now or formerly the

17

Commonwealth of Pennsylvania and APN #33-00-10679-007, unit 35,

18

block 5, lands now or formerly Norriton Fire Engine Company and

19

from said point of beginning running, THENCE;

20

1.  Along the dividing line between unit 36, block 5 and unit

21

35, block 5, south 24 degrees 31 minutes 09 seconds west, a

22

distance of 11.54 feet to a point on the southwesterly required

23

right-of-way line of Germantown Pike, THENCE;

24

2.  Along the southwesterly required right-of-way line of

25

Germantown Pike, north 72 degrees 23 minutes 13 seconds west, a

26

distance of 104.71 feet to a point on the southeasterly legal

27

right-of-way line of Whitehall Road (variable width legal and

28

required right-of-way), THENCE;

29

3.  Along the southeasterly legal right-of-way line of Whitehall

30

Road, north 41 degrees 00 minutes 49 seconds east, a distance of

- 9 -

 


1

3.59 feet to a point of curvature, THENCE;

2

4.  Along the arc of a circle curving to the right, connecting

3

the southeasterly legal right-of-way line of Whitehall Road with

4

the southwesterly legal right-of-way line of Germantown Pike,

5

having a radius of 50.00 feet, a central angle of 29 degrees 59

6

minutes 56 seconds, an arc length of 26.18 feet, a chord bearing

7

south 88 degrees 11 minutes 26 seconds east and a chord distance

8

of 25.88 feet to a point of tangency, THENCE;

9

5.  Along the southwesterly legal right-of-way line of

10

Germantown Pike, south 73 degrees 11 minutes 04 seconds east, a

11

distance of 79.78 feet to the point and place of beginning.

12

Containing 1,063 square feet or 0.027 acre.

13

Tract 3(b)

14

BEGINNING at an iron pin on the southeasterly legal right-of-

15

way line of Whitehall Road (variable width legal and required

16

right-of-way) at the intersection of the dividing line between

17

unit 36, block 5, lands now or formerly Commonwealth of

18

Pennsylvania and APN #33-00-10679-007, unit 35, block 5, lands

19

now or formerly Norriton Fire Engine Company, and from said

20

point of beginning running, THENCE;

21

1.  Along the southeasterly legal right-of-way line of Whitehall

22

Road, north 41 degrees 00 minutes 49 seconds east, a distance of

23

196.39 feet to a point on the southwesterly required right-of-

24

way line of Germantown Pike (a.k.a. West Germantown Pike, 50

25

foot wide legal right-of-way, variable width required right-of-

26

way, county roadway), THENCE;

27

2.  Along the southwesterly required right-of-way line of

28

Germantown Pike, south 72 degrees 23 minutes 13 seconds east, a

29

distance of 104.71 feet to a point on the southeasterly required

30

right-of-way line of Whitehall Road, THENCE;

- 10 -

 


1

The following three (3) courses and distances along the

2

southeasterly required right-of-way line of Whitehall Road:

3

3.  Along the arc of circle curving to the left, having a radius

4

of 139.33 feet, a central angle of 66 degrees 15 minutes 04

5

seconds, an arc length of 161.11 feet, a chord bearing south 72

6

degrees 37 minutes 01 seconds west, and a chord distance of

7

152.28 feet to a point of reverse curvature, THENCE;

8

4.  Along the arc of circle curving to the right, having a

9

radius of 1,041.67 feet, a central angle of 01 degrees 48

10

minutes 35 seconds, an arc length of 32.90 feet, a chord bearing

11

south 40 degrees 23 minutes 47 seconds west, and a chord

12

distance of 32.90 feet to a point of tangency, THENCE;

13

5.  South 41 degrees 18 minutes 05 seconds west, a distance of

14

75.38 feet to a point, THENCE;

15

6.  Along the dividing line between unit 36, block 5 and unit

16

35, block 5, north 49 degrees 00 minutes 11 seconds west, a

17

distance of 16.27 feet to the point and place of beginning.

18

Containing 4,737 square feet or 0.109 acre.

19

Tract 3(c)

20

BEGINNING at a point on the southeasterly required right-of-

21

way line of Whitehall Road (variable width legal and required

22

right-of-way), said point being distant north 49 degrees 00

23

minutes 11 seconds west, a distance of 16.27 feet from an iron

24

pipe at the intersection of the dividing line between APN

25

#33-00-02978-004, unit 36, block 5, lands now or formerly

26

Commonwealth of Pennsylvania and APN #33-00-10679-007, unit 35,

27

block 5, lands now or formerly Norriton Fire Engine Company and

28

from said point of beginning running, THENCE;

29

The following three (3) courses and distances along the

30

southeasterly required right-of-way line of Whitehall Road:

- 11 -

 


1

1.  North 41 degrees 18 minutes 05 seconds east, a distance of

2

75.38 feet to a point of curvature, THENCE;

3

2.  Along the arc of a circle curving to the left, having a

4

radius of 1,041.67 feet, a central angle of 01 degrees 48

5

minutes 35 seconds, an arc length of 32.90 feet, a chord bearing

6

north 40 degrees 23 minutes 47 seconds east, and a chord

7

distance of 32.90 feet to a point of reverse curvature, THENCE;

8

3.  Along the arc of a circle curving to the right, having a

9

radius of 139.33 feet, a central angle of 66 degrees 15 minutes

10

04 seconds, an arc length of 161.11 feet, a chord bearing north

11

72 degrees 37 minutes 01 seconds east, and a chord distance of

12

152.28 feet to a point on the southwesterly required right-of-

13

way line of Germantown Pike (a.k.a. West Germantown Pike, 50

14

foot wide legal right-of-way, variable width required right-of-

15

way, county roadway), THENCE;

16

The following two (2) courses and distances along the dividing

17

line between unit 36, block 5 and unit 35, block 5:

18

4.  South 24 degrees 31 minutes 09 seconds west, a distance of

19

248.14 feet to a concrete monument, THENCE;

20

5.  North 49 degrees 00 minutes 11 seconds west, a distance of

21

150.28 feet to the point and place of beginning.

22

Containing 24,515 square feet or 0.563 acre.

23

(c)  Property to be conveyed to the Commonwealth of

24

Pennsylvania.--The Department of General Services, with the

25

approval of the Department of Conservation and Natural Resources

26

and the Governor, is hereby authorized on behalf of the

27

Commonwealth of Pennsylvania to receive from East Norriton

28

Township certain lands situate in East Norriton Township,

29

Montgomery County, in exchange for that property to be conveyed

30

to East Norriton Township in accordance with subsection (a).

- 12 -

 


1

(d)  Property description.--The property to be conveyed in

2

accordance with subsection (c) consists of approximately 5.467

3

acres and improvements thereon bounded and more particularly

4

described as follows:

5

BEGINNING at a point in the northwesterly sideline of the

6

Reading Company Railroad, Stony Creek Branch, said point also

7

being in the line dividing lands of the Commonwealth of

8

Pennsylvania to the southwest from lands of Plymouth Investment

9

Corporation to the northeast, said point of beginning being at

10

the distance of 1042.26º, crossing the said railroad company

11

railroad, measured N 45º 16' W along the said dividing line from

12

a point in the centerline of Stanbridge Street, said last

13

mentioned point being at the distance of 176.32' measured S 52º

14

10' W along the centerline of Stanbridge Street from its

15

intersection with the centerline of Dogwood Lane; thence from

16

said beginning point along lands of the Commonwealth of

17

Pennsylvania N 45º 16' W 318.01' to a point a corner; thence

18

still along the same N 45º 09' 40" E 648.60' to a point a

19

corner; thence along lands now or late of Samuel Shakespeare, S

20

58º 22' 30" E 331.09' to a point a corner in the northwesterly

21

line of the Reading Company Railroad aforementioned; thence

22

along the same S 39º 16' 30" W 351.74' to a point of curvature;

23

thence along the arc of a circle curving to the right having a

24

radius of 905.0' the arc distance of 378.69' to the point of

25

beginning.

26

Containing 5.467 acres of land.

27

Being part of the same premises which Plymouth Investment

28

Company by deed dated the 6th day of November, 1970, and

29

recorded in the Recorder of Deeds Office in D.B. 3691 page 16,

30

granted and conveyed unto East Norriton Township.

- 13 -

 


1

(e)  Conditions.--The conveyances shall be made concurrently

2

and under and subject to all lawful and enforceable easements,

3

servitudes and rights of others, including but not confined to

4

streets, roadways and rights of any telephone, telegraph, water,

5

electric, gas or pipeline companies, as well as under and

6

subject to any lawful and enforceable estates or tenancies

7

vested in third persons appearing of record, for any portion of

8

the land or improvements erected thereon.

9

(f)  Deed restrictions.--Any conveyance authorized under

10

subsections (a) and (c) shall be made under and subject to the

11

condition, which shall be contained in the deed of conveyance,

12

that no portion of the property conveyed shall be used as a

13

licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to

14

definitions), or any other similar type of facility authorized

15

under State law. The condition shall be a covenant running with

16

the land and shall be binding upon the Grantee, its successors

17

and assigns. Should the Grantee, its successors or assigns,

18

permit any portion of the property authorized to be conveyed in

19

this act to be used in violation of this subsection, the title

20

shall immediately revert to and revest in the Grantor.

21

(g)  Removal of deed restrictions.--The Department of General

22

Services, with the approval of the Department of Conservation

23

and Natural Resources and the Governor, is authorized to remove

24

the deed restrictions on a portion of the lands conveyed to the

25

East Norriton Fire Company, now known as Norriton Fire Engine

26

Company, by the Department of General Services under the

27

authority contained in section (1)(c) of the act of July 10,

28

1985 (P.L.201, No.51), entitled "An act authorizing the

29

conveyance of certain State land to the East Norriton Fire

30

Company in Montgomery County; and making a repeal." The

- 14 -

 


1

Department of General Services, on behalf of the Commonwealth of

2

Pennsylvania, is hereby authorized to execute any legal

3

instruments necessary to remove the aforementioned deed

4

restrictions on the following portion of land located in East

5

Norriton Township, Montgomery County, for the sole purpose of

6

making the land available to East Norriton Township and/or

7

Montgomery County for widening those respective township and

8

county roads described as:

9

Germantown Pike (County Road).

10

ALL THAT CERTAIN tract or piece of land, situate in the Township

11

of East Norriton, County of Montgomery, Commonwealth of

12

Pennsylvania, being a Road Right-of-way Offered for Dedication

13

as shown on a "Road Right-Of-Way at Norriton Fire Engine Company

14

Exhibit Plan", prepared for the Montgomery County Roads &

15

Bridges Department, Norristown PA, by Robert E. Blue, Consulting

16

Engineers, P.C., Blue Bell, Pennsylvania, dated September 29,

17

2010.

18

BEGINNING at a point along the southwesterly legal right-of-way

19

of Germantown Pike, a county road with a legal right-of-way of

20

50 feet wide, ultimate right-of-way of 100 feet wide, said point

21

is located south 63 degrees, 16 minutes, 51 seconds east, a

22

distance of 79.76 feet from the terminus of a 50 feet radius for

23

the southeasterly side of Whitehall Road (width varies); said

24

point is also located south 34 degrees, 25 minutes, 22 seconds

25

east, a distance of 0.3 feet from a drill hole marked on the

26

curb;

27

THENCE, from said point of beginning, along the southwesterly

28

legal right-of-way line of said Germantown Pike, south 63

29

degrees, 16 minutes, 51 seconds east, a distance of 201.83 feet

30

to a drill hole marked on the curb;

- 15 -

 


1

THENCE, along lands now or formerly of the Commonwealth of

2

Pennsylvania - Norristown Farm Park (block 4, unit 1), south 34

3

degrees, 25 minutes, 22 seconds west, a distance of 25.23 feet

4

to a concrete monument;

5

THENCE, along the southwesterly ultimate right-of-way of said

6

Germantown Pike, north 63 degrees, 16 minutes, 51 seconds west,

7

a distance of 201.83 feet to a concrete monument;

8

THENCE, along other lands now or formerly on the Commonwealth of

9

Pennsylvania (block 5, unit 36), north 34 degrees, 25 minutes,

10

22 seconds east, crossing a drill hole marked in the curb at

11

24.93 feet, a total distance of 25.23 feet to a point, said

12

point being the first mentioned point and place of beginning;

13

Containing 5,046 square feet or 0.1158 acres of land, more or

14

less.

15

Being part of Tax Parcel Number 33-00-10679-00-7.

16

BEING PART OF an overall tract shown on a Land Subdivision Plan

17

recorded in Plan Book A-50 Page 149 on September 29, 1988.

18

SUBJECT TO a corrective deed dated February 4, 2004, and

19

recorded in Deed Book 5506, Page 376 to vest property in the

20

correct name of the Norriton Fire Engine Company.

21

Whitehall Road (Township Road).

22

BEGINNING at a point along the southeasterly legal right-of-way

23

line of Whitehall Road (variable width legal right-of-way,

24

variable width required right-of-way) at the intersection of the

25

dividing line between APN #33-00-10679-007, unit 35, block 5,

26

lands now or formerly Norriton Fire Engine Company and APN

27

#33-00-02978-004, unit 36, block 5, lands now or formerly

28

Commonwealth of Pennsylvania and from said point of beginning

29

running, THENCE;

30

1.  Along the dividing line between unit 35, block 5 and unit

- 16 -

 


1

36, block 5, south 49 degrees 00 minutes 11 seconds east, a

2

distance of 16.27 feet to a point on the southeasterly required

3

right-of-way line of Whitehall Road, THENCE;

4

2.  Along the southeasterly required right-of-way line of

5

Whitehall Road, south 41 degrees 18 minutes 05 seconds west, a

6

distance of 100.00 feet to a point, THENCE;

7

3.  Along the dividing line between unit 35, block 5 and unit 6,

8

block 5, north 49 degrees 00 minutes 11 seconds west, a distance

9

of 15.77 feet to a point on the southeasterly legal right-of-way 

10

line of Whitehall Road, THENCE;

11

4.  Along the southeasterly legal right-of-way line of Whitehall

12

Road, north 41 degrees 00 minutes 49 seconds east, a distance of

13

100.00 feet to the point and place of beginning.

14

Containing 1,602 square feet or 0.037 acre.

15

This description is written based upon an exhibit entitled

16

"Required Right-of-Way deeded to East Norriton Township,

17

Required Right-of-Way Exhibit Norriton Fire Engine Company",

18

prepared by Traffic Planning and Design, Inc., Job Number

19

AEHN.B1.00002, dated 2/28/2011.

20

(h)  Widening of County Road.--East Norriton Township is

21

authorized to grant and convey to the County of Montgomery for

22

nominal consideration those lands conveyed to it under this act

23

for the purpose of widening that County Road known as Germantown

24

Pike. That land shall include those Parcels listed in subsection

25

(b) as Tract 1, Tract 2 and Tract 3(a).

26

(i)  Deeds.--The deed for the conveyance of the property in

27

accordance with subsections (a) and (c) shall be by Special

28

Warranty Deed and shall be executed by the Secretary of General

29

Services in the name of the Commonwealth of Pennsylvania.

30

(j)  Costs and fees.--All costs and fees incidental to the

- 17 -

 


1

conveyances contained in this section shall be borne by East

2

Norriton Township.

3

(k)  Expiration of authority.--In the event that the

4

conveyances in this section are not executed within 12 months of

5

the effective date of this section, the authorization contained

6

in this section shall expire.

7

Section 3.  Conveyance in East Vincent Township, Chester County.

8

(a)  Authorization.--The Department of General Services, with

9

the approval of the Governor, is hereby authorized on behalf of

10

the Commonwealth of Pennsylvania to grant and convey to the

11

County of Chester certain land situate in East Vincent Township,

12

Chester County for $1,300.

13

(b)  Property description.--The property to be conveyed

14

pursuant to subsection (a) consists of approximately 1.55 acres

15

and improvements thereon bounded and more particularly described

16

as follows:

17

ALL THAT CERTAIN lot or piece of ground, with the buildings

18

and improvements thereon erected, situate in East Vincent

19

Township, Chester County, Commonwealth of Pennsylvania, bounded

20

and described according to a Plan of "tract of land acquired by

21

Owen J. Roberts School District from the Commonwealth of

22

Pennsylvania", dated December 15, 1995, last revised March 4,

23

1996 and recorded as Chester County Plan #13345, as follows, to

24

wit:

25

BEGINNING at a point on line of lands now or late of

26

Philadelphia Electric Company; thence extending along the same,

27

the three following courses and distances, to wit:

28

(1)  on a line curving to left, the arc distance of 433.6;

29

(2)  in a southwesterly direction 10.00 feet;

30

(3)  on a line curving to the left, the arc distance of

- 18 -

 


1

422.52 feet to a point, a corner of lands now or late of East

2

Vincent Municipal Authority, then extending along the same, in a

3

northwesterly direction 182.45 feet to a point, a corner of

4

lands now or late of John Frazier Hunt and Mytrice Penelope

5

McCaskill; hence extending along the same, 843.34 feet to a

6

point on line of lands now or late of Philadelphia Electric

7

Company, the first mention point and place of BEGINNING.

8

BEING UPI #21-1-76.4E

9

BEING part of the same premises which the Commonwealth of

10

Pennsylvania granted and conveyed unto The General State

11

Authority, in fee, by the following deeds:

12

Deed dated December 20, 1937 and recorded at West Chester,

13

Pennsylvania, in Deed Book U-19 page 307.

14

Deed dated August 15, 1938 and recorded at West Chester,

15

Pennsylvania, in Deed Book D-20 page 13.

16

Deed dated April 15, 1940 and recorded at West Chester,

17

Pennsylvania, in Deed Book G-20 page 571.

18

Deed dated October 3, 1941 and recorded at West Chester,

19

Pennsylvania, in Deed Book Q-20 page 229.

20

Deed dated March 13, 1967 and recorded at West Chester,

21

Pennsylvania, in Deed Book M-37 page 844.

22

Deed dated August 2, 1968 and recorded at West Chester,

23

Pennsylvania, in Deed Book I-38 page 464.

24

AND ALSO BEING part of the same premises which the

25

Commonwealth of Pennsylvania, by deed dated October 29, 1959 and

26

recorded at West Chester, Pennsylvania, in Deed Book R-31 page

27

323, granted and conveyed unto the Commonwealth of Pennsylvania,

28

in fee.

29

AND ALSO BEING part of the same premises which The General

30

State Authority, by deed dated August 18, 1980 and recorded at

- 19 -

 


1

West Chester, Pennsylvania, in Deed Book P-57 page 593, granted

2

and conveyed unto the Commonwealth of Pennsylvania, in fee.

3

AND ALSO BEING part of the same premises which The General

4

State Authority, by deed dated October 1, 1985 and recorded at

5

West Chester, Pennsylvania, in Record Book 163 page 90, granted

6

and conveyed unto the Commonwealth of Pennsylvania, in fee.

7

CONTAINING 1.55 acres, more or less.

8

(c)  Easements and encumbrances.--The conveyance shall be

9

made under and subject to all lawful and enforceable easements,

10

servitudes and rights of others, including, but not confined to,

11

streets, roadways and rights of any telephone, telegraph, water,

12

electric, gas or pipeline companies, as well as under and

13

subject to any lawful and enforceable estates or tenancies

14

vested in third persons appearing of record, for any portion of

15

the land or improvements erected thereon.

16

(d)  Condition.--Any conveyance authorized under this section

17

shall be made under and subject to the condition, which shall be

18

contained in the deed of conveyance, that no portion of the

19

property conveyed shall be used as a licensed facility, as

20

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

21

other similar type of facility authorized under State law. The

22

condition shall be a covenant running with the land and shall be

23

binding upon the grantee, its successors and assigns. Should the

24

grantee, its successors or assigns, permit any portion of the

25

property authorized to be conveyed in this section to be used in

26

violation of this subsection, the title shall immediately revert

27

to and revest in the grantor.

28

(e)  Deed.--The deed of conveyance shall be by Special

29

Warranty deed and shall be executed by the Secretary of General

30

Services in the name of the Commonwealth of Pennsylvania.

- 20 -

 


1

(f)  Costs and fees.--Costs and fees incidental to this

2

conveyance shall be borne by the grantee.

3

(g)  Alternative disposal of property.--In the event that

4

this conveyance is not executed within 12 months of the

5

effective date of this section, the property may be disposed of

6

in accordance with Article XXIV-A of the act of April 9, 1929

7

(P.L.177, No.175), known as The Administrative Code of 1929.

8

Section 4.  Conveyance in Ohiopyle Borough, Fayette County.

9

(a)  Authorization.--The Department of General Services, with

10

the approval of the Department of Conservation and Natural

11

Resources and the Governor, is hereby authorized on behalf of

12

the Commonwealth of Pennsylvania to grant and convey to Ohiopyle

13

Borough, subject to residential use only restrictions, and free

14

of restrictions on use and alienation imposed by section 20 of

15

the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the

16

Project 70 Land Acquisition and Borrowing Act, certain lands

17

situate in Ohiopyle Borough, Fayette County, in exchange for

18

that certain property to be conveyed to the Commonwealth of

19

Pennsylvania in accordance with subsection (c).

20

(b)  Description of property.--The property to be conveyed in

21

accordance with subsection (a) consists of one tract of land

22

totaling approximately 2.65 acres and improvements thereon

23

bounded and more particularly described as follows:

24

ALL THAT CERTAIN tract of land situate in the Borough of

25

Ohiopyle, County of Fayette, Commonwealth of Pennsylvania.

26

BEGINNING at Found Rebar & Cap S 52 degrees, 23 minutes, 42

27

seconds West 166.64 feet, thence S 43 degrees, 58 minutes, 40

28

seconds East 262.44 feet, thence S 47 degrees, 18 minutes, 52

29

seconds West 224.94 feet, thence N 44 degrees, 12 minutes, 20

30

seconds West 144.96 feet, thence along the same 10.5 feet,

- 21 -

 


1

thence S 46 degrees, 18 minutes, 49 seconds West 50.00 feet,

2

thence S 44 degrees, 09 minutes, 33 seconds East 258.03 feet,

3

thence N. 50 degrees, 16 minutes, 07 seconds East 496.84 feet,

4

thence N 52 degrees, 04 minutes, 10 seconds West 392.39 feet to

5

the place of Beginning.

6

CONTAINING 2.65 acres more or less.

7

(c)  Authorization to receive property.--The Department of

8

General Services, with the approval of the Department of

9

Conservation and Natural Resources and the Governor, is hereby

10

authorized on behalf of the Commonwealth of Pennsylvania to

11

receive from Ohiopyle Borough certain lands situate in Ohiopyle

12

Borough, Fayette County, in exchange for that property to be

13

conveyed to the Borough in accordance with subsection (a).

14

(d)  Description of property to be received.--The property to

15

be conveyed in accordance with subsection (c) consists of

16

approximately 2.65 acres and improvements, except the sewer

17

treatment plant and its utilities as outlined in the agreement

18

between Ohiopyle Borough and the Bureau of State Parks, thereon

19

bounded and more particularly described in the Fayette County

20

Deed Book 1043 Page 701:

21

All that certain parcel of land situate in the Borough of

22

Ohiopyle, Fayette County, Pennsylvania, bounded on the south

23

by Meadow Run, on the east by a public highway known as

24

Travel Route 381, for a distance of 900 feet northwardly from

25

Meadow Run, on the north by a line extending to the

26

Youghiogheny River having a bearing of North 85º 32' 30" West

27

and on the west by the east bank of the Youghiogheny River in

28

a southerly direction to Meadow Run. Containing 2.65 acres

29

and being the area outlined in red on drawing prepared by the

30

Chester Engineering dated 1965, attached herto and made part

- 22 -

 


1

hearof.

2

CONTAINING in area 2.65 acres, more or less.

3

(e)  Easements and encumbrances.--The conveyances described

4

in this section shall be made concurrently and under and subject

5

to all lawful and enforceable easements, servitudes and rights

6

of others, including, but not confined to, streets, roadways and

7

rights of any telephone, telegraph, water, electric, gas or

8

pipeline companies, as well as under and subject to any lawful

9

and enforceable estates or tenancies vested in third persons

10

appearing of record, for any portion of the land or improvements

11

erected thereon.

12

(f)  Restrictive covenants.--

13

(1)  The Department of Conservation and Natural

14

Resources, with the approval of the Department of General

15

Services, shall impose and record Project 70 restrictions on

16

the property to be conveyed in accordance with subsection

17

(c).

18

(2)  Any conveyance authorized under subsection (a) shall

19

be made under and subject to the condition, which shall be

20

contained in the deed of conveyance, that no portion of the

21

property conveyed to Ohiopyle Borough shall be used as a

22

licensed facility, as defined in 4 Pa.C.S. § 1103 (relating

23

to definitions), or any other similar type of facility

24

authorized under the laws of this Commonwealth. The condition

25

shall be a covenant running with the land and shall be

26

binding upon Ohiopyle Borough, its successors and assigns.

27

Should Ohiopyle Borough, its successors or assigns permit any

28

portion of the property authorized to be conveyed to the

29

borough in this section to be used in violation of this

30

paragraph, the title shall immediately revert to and revest

- 23 -

 


1

in the Commonwealth of Pennsylvania.

2

(3)  The Department of General Services, with the

3

approval of the Department of Conservation and Natural

4

Resources, shall impose residential use only restrictions on

5

the property to be conveyed in accordance with subsection

6

(b).

7

(g)  Special warranty deed.--The deed for the conveyance of

8

the property in accordance with subsections (a) and (c) shall be

9

by special warranty deed and shall be executed by the Secretary

10

of General Services in the name of the Commonwealth of

11

Pennsylvania.

12

(h)  Costs.--All costs and fees incidental to the conveyances

13

contained in this section shall be borne by the Department of

14

Conservation and Natural Resources.

15

(i)  Expiration of authorization.--In the event that these

16

conveyances are not executed within 12 months of the effective

17

date of this section, the authorization contained in this

18

section shall become null and void.

19

Section 5.  Conveyance in Union Township, Lebanon County.

20

(a)  Authorization.--The Department of Conservation and

21

Natural Resources, with the approval of the Governor, is hereby

22

authorized on behalf of the Commonwealth of Pennsylvania to

23

grant and convey to Kyle A. and Tamara J. Boltz certain lands

24

situate in Union Township, Lebanon County, in exchange for that

25

certain property to be conveyed to the Commonwealth of

26

Pennsylvania in accordance with subsection (c).

27

(b)  Property description.--The property to be conveyed in

28

accordance with this section consists of approximately 4.191

29

acres, located in Union Township, Lebanon County, Commonwealth

30

of Pennsylvania, being a portion of that land conveyed by the

- 24 -

 


1

United States of America acting by and through the Regional

2

Director, National Park Service, Mid-Atlantic Region, pursuant

3

to authority delegated by the Secretary of the Interior, and as

4

authorized by the Federal Property and Administrative Services

5

Act of 1949 (63 Stat. 377), as amended, and particularly as

6

amended by Public Law 91-485 (84 Stat. 1084), and regulations

7

and orders promulgated there under to Bureau of State Parks,

8

Commonwealth of Pennsylvania, by deed dated April 12, 1989, and

9

recorded in the Office of the Recorder of Deeds of Lebanon

10

County, Pennsylvania, in Deed Book 285 at Page 109. Beginning at

11

a point marked with rebar, said point being located along the

12

common division line between Kyle A. and Tamara J. Boltz and the

13

Commonwealth of Pennsylvania, said point being Southerly corner

14

of the lands of the Commonwealth of Pennsylvania herein

15

described; thence, along the line of lands of Kyle A. and Tamara

16

J. Boltz, North fourteen degrees forty-three minutes fifty

17

seconds East (N 14º43'50" E) a distance of one thousand one

18

hundred twenty and eighty-two hundredth feet (1120.82 ft) to a

19

point marked with rebar; thence, through the lands of the

20

Commonwealth of Pennsylvania, South seventy-five degrees fifteen

21

minutes fifty seconds East (S 75º15'50" E) a distance of three

22

hundred thirty-one and ten hundredths feet (331.10); thence,

23

along common division line between the lands of the Commonwealth

24

of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty-

25

four degrees thirty-eight minutes twenty-one seconds West (S

26

34º38'21" W) a distance of eighty-four and ninety-three

27

hundredths feet (84.93 ft) to a point marked with a pipe;

28

thence, along common division line between the lands of the

29

Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz,

30

South thirty degrees fifty-seven minutes three seconds West (S

- 25 -

 


1

30º57'03" W) a distance of four hundred forty-six and sixty-four

2

hundredths feet (446.64 ft) to a point marked with a pipe;

3

thence, along common division line between the lands of the

4

Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz,

5

South thirty degrees fifty-one minutes forty-nine seconds West

6

(S 30º51'49" W) a distance of two hundred sixty-one and sixty-

7

seven hundredths feet (261.67 ft) to a point marked with a pipe;

8

thence, along common division line between the lands of the

9

Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz,

10

South thirty degrees fifty-six minutes twelve seconds West (S

11

30º56'12" W) a distance of three hundred seventy-five and eighty

12

hundredths feet (375.80 ft) to the point of beginning;

13

containing an area of 4.191 acres.

14

(c)  Conveyance of lands to Commonwealth.--The Department of

15

Conservation and Natural Resources, with the approval of the

16

Governor, is hereby authorized on behalf of the Commonwealth of

17

Pennsylvania to receive from Kyle A. and Tamara J. Boltz certain

18

lands situate in Union Township, Lebanon County, in exchange for

19

that property to be conveyed to Kyle A. and Tamara J. Boltz in

20

accordance with this section.

21

(d)  Property description of lands to Commonwealth.--The

22

property to be conveyed in accordance with subsection (c)

23

consists of approximately 11.908 acres, located in Union

24

Township, Lebanon County, Commonwealth of Pennsylvania, being a

25

portion of that land conveyed by David A. Carbaugh to Kyle A.

26

and Tamara J. Boltz by deed dated August 8, 2002, and recorded

27

in the Office of the Recorder of Deeds of Lebanon County,

28

Pennsylvania, in Deed Book 2010 at Page 3375. Also being a

29

potion of that land recorded in a boundary line agreement

30

between Kyle A. and Tamara J. Boltz and Charles and Patricia A.

- 26 -

 


1

Gamler and recorded in the Office of the Recorder of Deeds of

2

Lebanon County, Pennsylvania, on August 24, 2004, in Deed Book

3

2050 at Page 4634. Beginning at a point marked with a pipe, said

4

point being located along the common division line between Kyle

5

A. and Tamara J. Boltz and the Commonwealth of Pennsylvania a

6

distance of one-thousand nine-hundred fifty feet (1,950 ft) more

7

or less Northeasterly from the centerline of Pennsylvania SR

8

1020 (Fredericksburg Road); thence, along said common division

9

line North twenty-eight degrees forty-three minutes nineteen

10

seconds East (N 28º43'19" E) a distance of one-hundred twenty-

11

four and twenty hundredths feet (124.20 ft) to a point marked

12

with a pipe; thence, along said common division line North one

13

degree eighteen minutes fourteen seconds East (N 01º18'14" E) a

14

distance of two-hundred seventy-four and twenty-three hundredths

15

feet (274.23 ft) to a point marked with a pipe; thence, along

16

said common division line North eleven degrees four minutes

17

forty-six seconds East (N 11º04'46" E) a distance of two-hundred

18

fifty-seven and forty-two hundredths feet (257.42 ft) to a point

19

marked with a concrete monument; thence, along said common

20

division line North six degrees two minutes fifty-three seconds

21

East (N 06º02'53" E) a distance of one-hundred fifty-seven and

22

fifty-five hundredths feet (157.55 ft) to a point marked with a

23

pipe; thence, along said common division line South eighty-one

24

degrees two minutes twenty-seven seconds East (N 81º02'27" E) a

25

distance of thirty-four and seventy-seven hundredths feet (34.77

26

ft) to a point marked with a pipe; thence, along said common

27

division line North two degrees two minutes thirteen seconds

28

East (N 02º02'13" E) a distance of three-hundred three and

29

twenty-one hundredths feet (303.21 ft) to a point marked with a

30

concrete monument; thence, along said common division line North

- 27 -

 


1

eight degrees two minutes one second East (N 08º02'01" E) a

2

distance of two-hundred eighty-four and thirty-one hundredths

3

feet (284.31 ft) to a point marked with a concrete monument;

4

thence, along said common division line North two degrees two

5

minutes twenty-three seconds West (N 02º02'23" W) a distance of

6

two-hundred thirty-three and twenty-eight hundredths feet

7

(233.28 ft) to a point marked with a pipe; thence, along said

8

common division line North thirty-nine degrees fifty-three

9

minutes twenty-two seconds East (N 39º53'22" E) a distance of

10

six-hundred fifteen feet (615.00 ft); thence, South nine degrees

11

forty-one minutes thirteen seconds West (S 09º41'13" W) a

12

distance of ninety-five feet (95.00 ft); thence, South thirteen

13

degree forty-four minutes thirteen seconds West (S 13º44'13" W)

14

a distance of six-hundred ninety-two feet (692.00 ft); thence,

15

South one degree forty-nine minutes zero seconds East (S

16

01º49'00" E) a distance of nine-hundred fifty-nine and sixty-six

17

hundredths feet (959.66 ft); thence, South eighty-eight degrees

18

twenty-five minutes forty-eight seconds West (S 88º25'48" W) a

19

distance of two-hundred two and fifty hundredths feet (202.50

20

ft); thence, South four degrees fifty-four minutes twelve

21

seconds East (S 04º54'12" E) a distance of three-hundred feet

22

(300.00 ft); thence, South six degrees eleven minutes forty-

23

eight seconds West (S 06º11'48" W) a distance of two-hundred

24

feet (200.00 ft); thence, North fifty-nine degrees twelve

25

minutes fifteen seconds West (N 59º12'15" W) a distance of two-

26

hundred ninety-six and fifty hundredths feet (296.50 ft) to the

27

point of beginning; containing an area of 11.908 acres.

28

(e)  Location of lands to Commonwealth.--The easement to be

29

conveyed in accordance with subsection (c) consists of

30

approximately 1.5 acres, located in Union Township, Lebanon

- 28 -

 


1

County, Commonwealth of Pennsylvania, in accordance with

2

subsection (f).

3

(f)  Easement interest.--The property to be conveyed under

4

subsection (c) constitutes an easement interest for the purpose

5

of utilities and vehicular and pedestrian ingress and egress,

6

beginning at a point on the centerline of Pennsylvania State

7

Route 1020, said point being the centerline of the 30 foot-wide

8

easement, North forty-seven degrees twenty-six minutes twenty-

9

two seconds East (N 47º26'22" E) a distance of one hundred

10

forty-two and eighty-three hundredths feet (142.83 ft); thence,

11

North eight degrees fifty-four minutes twelve seconds East (N

12

08º54'12" E) a distance of two hundred sixty-six and eight

13

hundredths feet (266.08 ft); thence, North twenty-three degrees

14

twenty-six minutes forty-eight seconds West (N 23º26'48" W) a

15

distance of one hundred seventy and ninety-five hundredths feet

16

(170.95 ft); thence, to the division line of the lands of the

17

Commonwealth of Pennsylvania North fourteen degrees forty-four

18

minutes ten seconds East (N 14º44'10" E) a distance of one

19

thousand four hundred eighty-one and eighty-four hundredths feet

20

(1,481.84 ft).

21

(g)  Conditions of conveyance.--The conveyances described in

22

this section shall be made concurrently and under and subject to

23

all lawful and enforceable easements, servitudes and rights of

24

others, including, but not limited to, streets, roadways and

25

rights of any telephone, telegraph, water, electric, gas or

26

pipeline companies, as well as under and subject to any lawful

27

and enforceable estates or tenancies vested in third persons

28

appearing of record, for any portion of the land or improvements

29

erected thereon.

30

(h)  Restrictive covenants.--Any conveyance authorized under

- 29 -

 


1

subsection (a) shall be made under and subject to the condition,

2

which shall be contained in the deed of conveyance, that no

3

portion of the property conveyed to Kyle A. and Tamara J. Boltz

4

shall be used as a licensed facility, as defined in 4 Pa.C.S. §

5

1103 (relating to definitions), or any other similar type of

6

facility authorized under State law. The condition shall be a

7

covenant running with the land and shall be binding upon Kyle A.

8

and Tamara J. Boltz, their successors and assigns. Should Kyle

9

A. and Tamara J. Boltz, their successors or assigns, permit any

10

portion of the property authorized to be conveyed to Kyle A. and

11

Tamara J. Boltz in this section to be used in violation of this

12

subsection, the title shall immediately revert to and revest in

13

the Commonwealth of Pennsylvania.

14

(i)  Deeds.--The deed of conveyance of the property in

15

accordance with subsections (a) and (c) shall be by Special

16

Warranty Deed and shall be executed by the Secretary of

17

Conservation and Natural Resources in the name of the

18

Commonwealth of Pennsylvania.

19

(j)  Costs and fees.--All costs and fees incidental to the

20

conveyances contained in this section shall be borne by their

21

respective parties.

22

(k)  Time period for conveyances.--In the event that these

23

conveyances are not executed within 12 months of the effective

24

date of this section, the authorization contained in this

25

section shall become null and void.

26

Section 6.  Conveyance in Susquehanna Township, Dauphin County.

27

(a)  Authorization.--The Department of General Services, with

28

the approval of the Governor, is hereby authorized on behalf of

29

the Commonwealth of Pennsylvania to grant and convey to the

30

Susquehanna Township Authority a permanent sanitary sewer

- 30 -

 


1

easement, situate upon a portion of the grounds of the

2

Harrisburg State Farm, in Susquehanna Township, Dauphin County,

3

and described in subsection (b), for $1 and under terms and

4

conditions to be established between the parties.

5

(b)  Property description.--The easement to be conveyed

6

pursuant to subsection (a) is more particularly described as

7

follows:

8

ALL THAT CERTAIN area extending through lands of the

9

Commonwealth of Pennsylvania, situated on the westerly side of

10

Kohn Road (T.R. 318), located in Susquehanna Township, Dauphin

11

County, Pennsylvania, as shown on the Sanitary Sewer Extension

12

on Lands of Commonwealth of Pennsylvania, Exhibit A & B, dated

13

April 27, 2011, prepared by K&W Engineers and Consultants,

14

Harrisburg, Pennsylvania, Project No. 2003.042, being more fully

15

bounded and described as follows:

16

BEGINNING at the southeastern corner thereof, at point on the

17

common property corner of PSECU and the Commonwealth of

18

Pennsylvania; said point being South 73˚ 09' 12" West a distance

19

of 27.78' to a point, the point of beginning; thence along line

20

North 04˚ 54' 39" West a distance of 249.98' to a point; thence

21

along the Kohn Road right-of-way North 12˚ 03' 48" West a

22

distance of 116.36' to a point; thence along line South 77˚ 56'

23

12" West a distance of 30.00' to a point; thence along line

24

South 12˚ 03' 45" East a distance of 114.49' to a point; thence

25

along line South 04˚ 54' 39" East a distance of 254.45' to a

26

point, thence along line North 73˚ 09' 12" East a distance of

27

30.66' to a point, the place of BEGINNING.

28

CONTAINING:  11,029 SF, or 0.253-acres more or less.

29

The above described easement is to be used for the

30

construction, operation, maintenance and repairs of the sanitary

- 31 -

 


1

sewer extension line and appurtenances.

2

(c)  Deed.--The Deed of Easement shall be executed by the

3

Secretary of General Services in the name of the Commonwealth of

4

Pennsylvania.

5

(d)  Costs and fees.--Costs and fees incidental to this

6

conveyance shall be borne by the Grantee.

7

Section 7.  Conveyance in City of Scranton, Lackawanna County.

8

(a)  Authorization.--The Department of General Services, with

9

the approval of the Governor, is hereby authorized on behalf of

10

the Commonwealth of Pennsylvania to grant and convey to the

11

County of Lackawanna Transit System Authority (hereinafter

12

COLTS) certain lands situate in the City of Scranton, Lackawanna

13

County, in exchange for a certain tract of land from COLTS

14

situate in the City of Scranton, Lackawanna County.

15

(b)  Description.--The property to be conveyed to COLTS under

16

subsection (a) consists of approximately 2.52 acres of land and

17

improvements thereon bounded and more particularly described as

18

follows:

19

LOT 1A

20

BEGINNING at a 3/4 inch iron pin, the intersection of the

21

southeasterly right-of-way line of Cliff Street with the

22

southwesterly right-of-way line of Lackawanna Avenue as shown on

23

a plan titled, "The Commonwealth of Pennsylvania - Department of

24

General Services - RD 1216 Pg 289 - Minor Subdivision" dated

25

July, 2005 and prepared by Acker Associates, Inc.;

26

Thence along said line of Lackawanna Avenue South 51 degrees 28

27

minutes 04 seconds East four hundred seventy-one and five

28

hundredths (471.05 feet) feet to a point in line of lands of

29

Scranton Mall Associates;

30

Thence along said lands South 38 degrees 37 minutes 01 second

- 32 -

 


1

West one hundred three and one hundredth (103.01 feet) feet to a

2

point in line of lands of Lackawanna County Rail Authority;

3

Thence along said lands of Lackawanna County Rail Authority the

4

following four (4) courses and distances:

5

1.  South 70 degrees 49 minutes 56 seconds West five and

6

ninety-three hundredths (5.93 feet) feet to a point,

7

2.  North 88 degrees 44 minutes 38 seconds West fifty-seven

8

and seventy-nine hundredths (57.79 feet) feet to a point

9

of curvature,

10

3.  along a curve to the right having a radius of nine

11

hundred eighty-eight and thirty-one hundredths (988.31

12

feet) feet for an arc length of three hundred sixty-one

13

and fifty-one hundredths (361.51 feet) feet (chord

14

bearing and distance being North 68 degrees 51 minutes 46

15

seconds West 359.50 feet) to a point of tangency, and

16

4.  North 53 degrees 36 minutes 54 seconds West eighty and

17

seven hundredths (80.07 feet) feet to a point on the

18

southeasterly right-of-way line of Cliff Street;

19

Thence along said line of Cliff Street North 38 degrees 49

20

minutes 51 seconds East two hundred fifty-three and five tenths

21

(253.50 feet) feet to the point of BEGINNING.

22

CONTAINING 2.24 acres of land being the same, more or less.

23

LOT 1B

24

BEGINNING at a 5/8 inch rebar on the southeasterly right-of-way

25

line of Cliff Street, said point also being a common corner of

26

lands the National Park Service and Lot 1B as shown on a plan

27

titled, "The Commonwealth of Pennsylvania - Department of

28

General Services - RB 1216 Pg 289 - Minor Subdivision" dated

29

July, 2005 and prepared by Acker Associates, Inc.;

30

Thence along said line of Cliff Street North 38 degrees 49

- 33 -

 


1

minutes 51 seconds East thirty-nine and twenty-six hundredths

2

(39.26 feet) feet to a point in line of Lackawanna County Rail

3

Authority;

4

Thence along said lands of Lackawanna County Rail Authority the

5

following two (2) courses and distances:

6

1.  South 51 degrees 32 minutes 09 seconds East one and

7

forty-eight and thirty-nine hundredths (148.39 feet) feet

8

to a point, and

9

2.  South 66 degrees 46 minutes 09 seconds East fifty-five

10

and twenty-six hundredths (55.26 feet) feet to a point;

11

Thence along Lot 2 the following three (3) courses and

12

distances:

13

1.  South 25 degrees 41 minutes 58 seconds West eleven and

14

fifty-nine hundredths (11.59 feet) feet to a point,

15

2.  South 39 degrees 59 minutes 28 seconds West fifty-eight

16

and five hundredths (58.05 feet) feet to a point, and

17

3.  South 48 degrees 45 minutes 01 second West twenty-two and

18

ninety-five hundredths (22.95 feet) feet to a point in

19

line of lands of the National Park Service;

20

Thence along said lands of the National Park Service North 40

21

degrees 40 minutes 45 seconds West two hundred two and five

22

tenths (202.50 feet) feet to the point of BEGINNING.

23

CONTAINING 12,315 square feet (0.28 acres) of land being the

24

same, more or less.

25

(c)  Exchange.--The conveyance authorized by subsection (b)

26

shall be in exchange for the conveyance, by special warranty

27

deed, from COLTS, to the Commonwealth of Pennsylvania, acting by

28

and through its Department of General Services, of all that

29

certain piece or parcel of land situate in the City of Scranton,

30

Lackawanna County, Pennsylvania, bounded and described as

- 34 -

 


1

follows:

2

All that certain lot, piece or parcel of land situate in the

3

8th Ward, City of Scranton, County of Lackawanna and State of

4

Pennsylvania, bounded and described as follows:

5

Beginning at a point located on the northeasterly side of

6

Lackawanna Avenue, said point being also located by a bearing of

7

N 39 degrees 00 minutes W, and a distance of 138.0 feet as

8

measured along the northeasterly side of Lackawanna Avenue from

9

its intersection with the northwesterly right-of-way line of the

10

D.L. & W. R.R.; thence, along the line of Lackawanna Avenue N 39

11

degrees 00 minutes W, 294.52 feet to a point of intersection

12

with a curve measured radially 100 feet from the center line of

13

the D. & H. R.R. Co.; thence on a curve to the left parallel to

14

the center line of said D. & H. R.R. and 100 feet therefrom,

15

said curve having a radius of 750.14 feet and length of 867.02

16

feet with a long chord bearing and distance of N 71 degrees 01

17

minute E, 819.55 feet to a point; thence S 39 degrees 00 minutes

18

E, 45.04 feet to a point on the northwesterly right-of-way line

19

of the D.L. & W. R.R.; thence along said right-of-way the

20

following two courses and distances (1) on a curve to the right,

21

having a radius of 4,037.11 and length of 278.15 and a long

22

chord bearing and distance of a 31 degrees 32 minutes W, 278.10

23

feet and (2) S 47 degrees 38 minutes W, 208.68 feet to a corner

24

of other lands of the S.R.A.; thence along lands of said S.R.A.,

25

the following two courses and distances (1) N 39 degrees 00

26

minutes W, 136.0 feet and (2) S 51 degrees 00 minutes W, 300.0

27

feet to the place of beginning.

28

Containing 2.277 acres of land, more or less, as surveyed by

29

John R. Hennemuth, Registered Civil Engineer.

30

Parcel 18-A

- 35 -

 


1

All that certain lot, piece or parcel of land situate in the

2

8th Ward, City of Scranton, County of Lackawanna and State of

3

Pennsylvania, bounded and described as follows:

4

Beginning at a point located on the northeasterly side of

5

Lackawanna Avenue, said point being also located by a bearing of

6

N 39 degrees 00 minutes W and a distance of 138.00 feet as

7

measured along the northeasterly side of Lackawanna Avenue from

8

its intersection with the northwesterly right-of-way line of the

9

D. L. & W. R.R., said point being also common to a corner of

10

Parcel 18 of the S.R.A. as shown on drawing D-14-72 by John R.

11

Hennemuth, P.E.; thence along the line of parcel 18, N 51

12

degrees 00 minutes E, 300 feet to a corner; thence still along

13

the line of Parcel 18, S 39 degrees 00 minutes E, 6.0 feet to a

14

corner; thence over and across other lands of the S.R.A., S 51

15

degrees 00 minutes W, 300.0 feet to a point on the northeasterly

16

side of Lackawanna Avenue; thence along the side of said Avenue

17

N 39 degrees 00 minutes W, 6.0 feet to the place of beginning.

18

Containing 0.041 acres of land and shown as Parcel 18-A on

19

drawing B-22-72 by John R. Hennemuth, Registered Civil Engineer.

20

CONTAINING 2.318 acres, more or less.

21

The conveyance described in this section shall be made under

22

and subject to all lawful and enforceable easements, servitudes

23

and rights of others, including, but not confined to, streets,

24

roadways and rights of any telephone, telegraph, water,

25

electric, gas or pipeline companies, as well as under and

26

subject to any lawful and enforceable estates or tenancies

27

vested in third persons appearing of record, for any portion of

28

the land or improvements erected thereon.

29

(d)  Easements.--The conveyance described in subsection (b)

30

shall be made under and subject to all lawful and enforceable

- 36 -

 


1

easements, servitudes and rights of others, including, but not

2

confined to, streets, roadways and rights of any telephone,

3

telegraph, water, electric, gas or pipeline companies, as well

4

as under and subject to any lawful and enforceable estates or

5

tenancies vested in third persons appearing of record, for any

6

portion of the land or improvements erected thereon.

7

(e)  Special warranty deed.--The conveyance described in

8

subsection (b) shall be by special warranty deed and shall be

9

executed by the Secretary of General Services in the name of the

10

Commonwealth of Pennsylvania.

11

(f)  Covenants.--Any conveyance authorized under subsection

12

(b) shall be made under and subject to the condition, which

13

shall be contained in the deed of conveyance, that no portion of

14

the property conveyed shall be used as a licensed facility, as

15

defined in 4 Pa.C.S. § 1103 (relating to definitions) or any

16

other similar type of facility authorized under the laws of this

17

Commonwealth. The condition shall be a covenant running with the

18

land and shall be binding upon the grantee, its successors and

19

assigns. Should the grantee, its successors or assigns permit

20

any portion of the property authorized to be conveyed in this

21

section to be used in violation of this section, the title shall

22

immediately revert to and revest in the grantor.

23

(g)  Costs and fees.--All costs and fees incidental to the

24

conveyance authorized by this act shall be borne by the grantee.

25

(h)  Voidance.--In the event that the conveyance is not executed

<--

26

by May 16, 2016, the authorization contained in this section

27

shall become null and void.

28

(h)  Voidance.--In the event that the conveyance is not

29

executed by May 16, 2016, the authorization contained in this

30

section shall become null and void.

- 37 -

 


1

Section 8.  Repeals.

2

(a)  Intent.--The General Assembly declares that the repeal

3

under subsection (b) is necessary to effectuate the purpose of

4

section 7.

5

(b)  Provision.--Section 7 of the act of July 4, 2008

6

(P.L.599, No.47), entitled "An act authorizing the Department of

7

General Services, with the approval of the Department of

8

Transportation and the Governor, to grant and convey to Pike

9

County or its assigns, certain lands, situate in the Borough of

10

Milford, Pike County, in exchange for a certain tract of land;

11

authorizing the Department of General Services, with the

12

approval of the Governor, to grant and convey to Heritage

13

Building Group, Inc., and the Municipal Authority of the

14

Township of South Heidelberg, and their assigns, six permanent

15

sanitary sewer easements and two temporary construction

16

easements, situate in South Heidelberg Township and Lower

17

Heidelberg Township, Berks County; authorizing the Department of

18

General Services, with the approval of the Governor and the

19

Department of Military and Veterans Affairs, to grant and

20

convey, at a price to be determined through a competitive bid

21

process, certain lands, buildings and improvements situate in

22

the Borough of Pottstown, Montgomery County; authorizing the

23

Department of General Services, with the approval of the

24

Governor, to grant and convey, at a price to be determined

25

through a competitive bid process, certain lands, buildings and

26

improvements situate in the Township of West Norriton,

27

Montgomery County; authorizing the Department of General

28

Services, with the approval of the Governor, to dedicate, grant

29

and convey to the Strasburg, Lancaster County, Borough

30

Authority, a water main and appurtenances to be constructed by

- 38 -

 


1

the Department of General Services, together with easements for

2

public water purposes, situate in Strasburg Township, Lancaster

3

County, and to grant such further easements and licenses as may

4

be necessary to provide the Railroad Museum of Pennsylvania with

5

access to public sewer service; authorizing the Department of

6

General Services, with the approval of the Governor and the

7

Department of Transportation, to grant and convey to Parkwood

8

Real Estate Trust LLC, approximately 1.645 acres including a

9

building and all improvements thereon, situate at Parkwood Drive

10

in the City of Allentown and Salisbury Township, Lehigh County;

11

and authorizing the Department of General Services, with the

12

approval of the Governor, to grant and convey to the County of

13

Lackawanna Transit System Authority (COLTS), certain lands

14

situate in the City of Scranton, Lackawanna County, in exchange

15

for a certain tract of land from COLTS situate in the City of

16

Scranton, Lackawanna County," is repealed.

17

Section 2 9.  Effective date.

<--

18

This act shall take effect immediately.

- 39 -