S0648B0700A01666       BIL:DM  06/18/07    #90             A01666
                       AMENDMENTS TO SENATE BILL NO. 648
                                    Sponsor:  SENATOR WOZNIAK
                                           Printer's No. 700

     1       Amend Title, page 1, line 6, by removing the period after
     2    "County" and inserting
     3    ; and authorizing and directing the Department of General
     4    Services, with the approval of the Governor, to grant and convey
     5    to CDM Ebensburg, LLC, certain lands situate in Cambria
     6    Township, Cambria County.

     7       Amend Bill, page 3, by inserting between lines 14 and 15
     8    Section 2.  Conveyance in Cambria Township, Cambria County.
     9       (a)  Authorization.--The Department of General Services, with
    10    the approval of the Governor, is hereby authorized on behalf of
    11    the Commonwealth to grant and convey to CDM Ebensburg, LLC,
    12    certain lands, containing a residential dwelling, situate in
    13    Cambria Township, Cambria County, for fair market value as
    14    determined by independent appraisal.
    15       (b)  Property description.--The property to be conveyed
    16    pursuant to this section consists of approximately 5.00-acres of
    17    land and all improvements thereon bounded and more particularly
    18    described as follows:
    19       ALL that certain lot or piece of ground situate in Cambria
    20    Township, Cambria County bounded and more particularly described
    21    as follows:
    22       BEGINNING at a point at the intersection of SR 0022 and SR
    23    3032 on the Southerly Right-of-Way line of SR 0022 and the
    24    Easterly Right-of-Way of SR 3032. Thence the following three
    25    courses and distances:
    26       1.  North 54 degrees 02 minutes 40 seconds East for a
    27           distance of 609.00 feet along the Southerly Right-of-Way
    28           line of SR 0022 to a point on a line. Thence;
    29       2.  South 35 degrees 57 minutes 20 seconds East for a
    30           distance of 374.02 feet to a point on a line. Thence;
    31       3.  South 54 degrees 02 minutes 40 seconds West for a
    32           distance of 516.21 feet to the beginning of a point of
    33           curvature, thence along the Easterly Right-of-Way of SR
    34           3032 the following three courses and distances:
    35       4.  By a curve turning to the left having a radius of 2286.60
    36           feet and an arc length of 76.02 feet, and whose long
    37           chord bears North 57 degrees 07 minutes 56 seconds West
    38           for a distance of 76.02 feet to a point. Thence;
    39       5.  North 56 degrees 05 minutes 05 seconds West for a
    40           distance of 278.92 feet to the beginning of a point of

     1           curvature,
     2       6.  By a curve turning to the right having a radius of 30.00
     3           feet and an arc length of 57.66 feet, and whose long
     4           chord bears North 01 degrees 01 minutes 11 seconds West
     5           for a distance of 49.19 feet to the point of BEGINNING.
     6       CONTAINING 5.00-acres, more or less.
     7       BEING a portion of the same property conveyed by the General
     8    State Authority to the Commonwealth of Pennsylvania, acting by
     9    and through the Department of General Services, by Deed dated
    10    June 16, 1989, and recorded on January 16, 1990, in the Office
    11    of the Recorder of Deeds of Cambria County, in Deed Book Volume
    12    1230, Page 502.
    13       (c)  Conditions of conveyance.--The conveyance shall be made
    14    under and subject to all lawful and enforceable easements,
    15    servitudes and rights of others, including, but not confined to,
    16    streets, roadways and rights of any telephone, telegraph, water,
    17    electric, gas or pipeline companies, as well as under and
    18    subject to any lawful and enforceable estates or tenancies
    19    vested in third persons appearing of record, for any portion of
    20    the land or improvements erected thereon.
    21       (d)  Restriction.--The conveyance authorized under this
    22    section shall be made under and subject to the condition, which
    23    shall be contained in the deed of conveyance, that no portion of
    24    the property conveyed shall be used as a licensed facility, as
    25    defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
    26    other similar type of facility authorized under State law. The
    27    condition shall be a covenant running with the land and shall be
    28    binding upon the grantee, it successors and assigns. Should the
    29    grantee, its successors or assigns, permit any portion of the
    30    property authorized to be conveyed in this section to be used in
    31    violation of this subsection, the title shall immediately revert
    32    to and revest in the grantor.
    33       (e)  Deed.--The deed of conveyance shall be by Special
    34    Warranty Deed and shall be executed by the Secretary of General
    35    Services in the name of the Commonwealth.
    36       (f)  Costs and fees.--Costs and fees incidental to this
    37    conveyance shall be borne by the grantee.
    38       (g)  Use of proceeds.--The proceeds from the sale authorized
    39    herein may be utilized by the Department of General Services to
    40    construct, purchase or lease a temporary or replacement
    41    residence for the superintendent for the Ebensburg Center. The
    42    Department of General Services may reimburse itself for costs
    43    and fees incurred as a result of the conveyance, including, but
    44    not limited to, appraisals, surveys and environmental reports.
    45    Any funds remaining after payment for construction, purchase or
    46    lease of a replacement residence for the superintendent and
    47    reimbursement of costs and fees to the Department of General
    48    Services shall be deposited into the General Fund.
    49       (h)  Construction contract.--Notwithstanding any other
    50    provision of law governing the letting of public contracts to
    51    the contrary, the Department of General Services may award a
    52    single contract for the construction of a new residence for the
    53    superintendent for the Ebensburg Center. Construction of the
    54    replacement residence is exempt from the requirements of the act
    55    of May 1, 1913 (P.L.155, No.104), entitled "An act regulating
    56    the letting of certain contracts for the erection, construction,
    57    and alteration of public buildings."
    58       (i)  Alternate disposition.--In the event that this
    59    conveyance is not executed within 12 months of the effective

    SB0648A01666                     - 2 -     

     1    date of this section, the property may be disposed of in
     2    accordance with section 2406-A of the act of April 9, 1929
     3    (P.L.177, No.175), known as The Administrative Code of 1929.

     4       Amend Sec. 2, page 3, line 15, by striking out "2" and
     5    inserting
     6               3

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