THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BLAKE, MARCH 16, 2011

REFERRED TO STATE GOVERNMENT, MARCH 16, 2011  

AN ACT

Amending the act of July 4, 2008 (P.L.599, No.47), entitled "An

act authorizing the Department of General Services, with the

approval of the Department of Transportation and the

Governor, to grant and convey to Pike County or its assigns,

certain lands, situate in the Borough of Milford, Pike

County, in exchange for a certain tract of land; authorizing

the Department of General Services, with the approval of the

Governor, to grant and convey to Heritage Building Group,

Inc., and the Municipal Authority of the Township of South

Heidelberg, and their assigns, six permanent sanitary sewer

easements and two temporary construction easements, situate

in South Heidelberg Township and Lower Heidelberg Township,

Berks County; authorizing the Department of General Services,

with the approval of the Governor and the Department of

Military and Veterans Affairs, to grant and convey, at a

price to be determined through a competitive bid process,

certain lands, buildings and improvements situate in the

Borough of Pottstown, Montgomery County; authorizing the

Department of General Services, with the approval of the

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

through a competitive bid process, certain lands, buildings

and improvements situate in the Township of West Norriton,

Montgomery County; authorizing the Department of General

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

grant and convey to the Strasburg, Lancaster County, Borough

Authority, a water main and appurtenances to be constructed

by the Department of General Services, together with

easements for public water purposes, situate in Strasburg

Township, Lancaster County, and to grant such further

easements and licenses as may be necessary to provide the

Railroad Museum of Pennsylvania with access to public sewer

service; authorizing the Department of General Services, with

the approval of the Governor and the Department of

Transportation, to grant and convey to Parkwood Real Estate

Trust LLC, approximately 1.645 acres including a building and

all improvements thereon, situate at Parkwood Drive in the

City of Allentown and Salisbury Township, Lehigh County; and

authorizing the Department of General Services, with the

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

of Lackawanna Transit System Authority (COLTS), certain lands

situate in the City of Scranton, Lackawanna County, in

exchange for a certain tract of land from COLTS situate in

the City of Scranton, Lackawanna County," further providing

for conveyance in City of Scranton, Lackawanna County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 7 of the act of July 4, 2008 (P.L.599,

No.47), entitled "An act authorizing the Department of General

Services, with the approval of the Department of Transportation

and the Governor, to grant and convey to Pike County or its

assigns, certain lands, situate in the Borough of Milford, Pike

County, in exchange for a certain tract of land; authorizing the

Department of General Services, with the approval of the

Governor, to grant and convey to Heritage Building Group, Inc.,

and the Municipal Authority of the Township of South Heidelberg,

and their assigns, six permanent sanitary sewer easements and

two temporary construction easements, situate in South

Heidelberg Township and Lower Heidelberg Township, Berks County;

authorizing the Department of General Services, with the

approval of the Governor and the Department of Military and

Veterans Affairs, to grant and convey, at a price to be

determined through a competitive bid process, certain lands,

buildings and improvements situate in the Borough of Pottstown,

Montgomery County; authorizing the Department of General

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

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

process, certain lands, buildings and improvements situate in

the Township of West Norriton, Montgomery County; authorizing

the Department of General Services, with the approval of the

Governor, to dedicate, grant and convey to the Strasburg,

Lancaster County, Borough Authority, a water main and

appurtenances to be constructed by the Department of General

Services, together with easements for public water purposes,

situate in Strasburg Township, Lancaster County, and to grant

such further easements and licenses as may be necessary to

provide the Railroad Museum of Pennsylvania with access to

public sewer service; authorizing the Department of General

Services, with the approval of the Governor and the Department

of Transportation, to grant and convey to Parkwood Real Estate

Trust LLC, approximately 1.645 acres including a building and

all improvements thereon, situate at Parkwood Drive in the City

of Allentown and Salisbury Township, Lehigh County; and

authorizing the Department of General Services, with the

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

Lackawanna Transit System Authority (COLTS), certain lands

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

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

Scranton, Lackawanna County," is amended to read:

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

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

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

the Commonwealth of Pennsylvania to grant and convey to the

County of Lackawanna Transit System Authority (hereinafter

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

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

situate in the City of Scranton, Lackawanna County.

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

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

improvements thereon bounded and more particularly described as

follows:

LOT 1A

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

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

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

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

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

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

Thence along said line of Lackawanna Avenue South 51 degrees 28

minutes 04 seconds East four hundred seventy-one and five

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

Scranton Mall Associates;

Thence along said lands South 38 degrees 37 minutes 01 second

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

point in line of lands of Lackawanna County Rail Authority;

Thence along said lands of Lackawanna County Rail Authority the

following four (4) courses and distances:

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

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

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

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

of curvature,

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

hundred eighty-eight and thirty-one hundredths (988.31

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

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

bearing and distance being North 68 degrees 51 minutes 46

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

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

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

southeasterly right-of-way line of Cliff Street;

Thence along said line of Cliff Street North 38 degrees 49

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

(253.50 feet) feet to the point of BEGINNING.

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

LOT 1B

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

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

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

titled, "The Commonwealth of Pennsylvania - Department of

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

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

Thence along said line of Cliff Street North 38 degrees 49

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

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

Authority;

Thence along said lands of Lackawanna County Rail Authority the

following two (2) courses and distances:

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

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

to a point, and

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

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

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

distances:

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

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

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

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

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

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

line of lands of the National Park Service;

Thence along said lands of the National Park Service North 40

degrees 40 minutes 45 seconds West two hundred two and five

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

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

same, more or less.

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

shall be in exchange for the conveyance, by special warranty

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

and through its Department of General Services, of all that

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

Lackawanna County, Pennsylvania, bounded and described as

follows:

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

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

Pennsylvania, bounded and described as follows:

Beginning at a point located on the northeasterly side of

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

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

measured along the northeasterly side of Lackawanna Avenue from

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

feet to the place of beginning.

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

John R. Hennemuth, Registered Civil Engineer.

Parcel 18-A

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

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

Pennsylvania, bounded and described as follows:

Beginning at a point located on the northeasterly side of

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

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

measured along the northeasterly side of Lackawanna Avenue from

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

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

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

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

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

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

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

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

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

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

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

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

CONTAINING 2.318 acres, more or less.

The conveyance described in this section shall be made under

and subject to all lawful and enforceable easements, servitudes

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

roadways and rights of any telephone, telegraph, water,

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

subject to any lawful and enforceable estates or tenancies

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

the land or improvements erected thereon.

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

shall be made under and subject to all lawful and enforceable

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

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

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

as under and subject to any lawful and enforceable estates or

tenancies vested in third persons appearing of record, for any

portion of the land or improvements erected thereon.

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

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

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

Commonwealth of Pennsylvania.

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

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

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

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

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

other similar type of facility authorized under the laws of this

Commonwealth. The condition shall be a covenant running with the

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

assigns. Should the grantee, its successors or assigns permit

any portion of the property authorized to be conveyed in this

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

immediately revert to and revest in the grantor.

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

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

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

executed by [May 16, 2010] May 16, 2016, the authorization

contained in this section shall become null and void.

Section 2.  This act shall take effect immediately.