Amendment 5491 to House Bill 2216 P.N. 3493, Regular Session 2023-2024

H2216B3493A05491 PWK:EJH 07/09/24 #90 A05491

AMENDMENTS TO HOUSE BILL NO. 2216

Sponsor: SENATOR PITTMAN

Printer's No. 3493

Amend Bill, page 2, line 34, by striking out "and"

Amend Bill, page 2, line 39, by inserting after "Harrisburg"

; authorizing the sale and transfer of title for a 0.232 acre of

Project 70 lands owned by Springettsbury Township, York

County, to the Department of Transportation for highway

right-of-way; authorizing the Department of General Services,

with the approval of the Department of Human Services and the

Governor, to grant and convey to the University of Pittsburgh

a certain permanent easement through and across lands of the

Commonwealth of Pennsylvania in the City of Pittsburgh,

Allegheny County, and to accept from the University of

Pittsburgh a certain permanent easement through and across

lands of the University of Pittsburgh in the City of

Pittsburgh, Allegheny County; authorizing the Pennsylvania

Historical and Museum Commission, with the approval of the

Governor, to grant and convey certain lands and improvements

situate in the 47th Ward of the City of Philadelphia,

Philadelphia County, to New Freedom Theater, Inc.; and

authorizing the State Armory Board to enter into such

agreements as may be necessary to exchange with a branch of

the United States Armed Forces the right of occupancy in, use

of and obligations belonging to certain proprieties owned,

managed or occupied by either the State Armory Board or a

branch of the United States Armed Forces

Amend Bill, page 61, by inserting between lines 17 and 18

Section 14. Springettsbury Township, York County.

(a) Authorization.--In accordance with the requirements of

section 20(b) of the act of June 22, 1964 (Sp.Sess. 1, P.L.131,

No.8), known as the Project 70 Land Acquisition and Borrowing

Act, the General Assembly authorizes the fee simple transfer of

title for a portion of the Project 70 lands owned by

Springettsbury Township, known as Fayfield Park, which are more

particularly described under subsection (c), to the Department

of Transportation.

(b) Project 70 restrictions.--The lands described under

subsection (c) shall be transferred with none of the existing

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restrictions currently imposed by the Project 70 Land

Acquisition and Borrowing Act upon conveyance of the lands to

the Department of Transportation. Mitigation for the loss of

Project 70 lands shall consist of park reconstruction and

rehabilitation.

transferred with none of the existing Project 70 restrictions is

located in Springettsbury Township, York County, and is as

follows:

All that certain parcel of ground, lying and being situate in

Springettsbury Township, York County, Pennsylvania, being more

particularly bounded and described as follows:

Beginning at a point at the intersection of the legal right-

of-way line for limited access of State Route 0083 and the

property line of Parcel 231, in the southern corner of Lot 7;

thence along the legal right-of-way line for limited access of

State Route 0083 north 55 degrees 52 minutes 29 seconds west a

distance of 2.06 feet to a bend in the legal right-of-way line

for limited access of State Route 0083; thence along the legal

right-of-way line for limited access of State Route 0083 north

37 degrees 03 minutes 00 seconds west a distance of 617.01 feet

to the intersection of the legal right-of-way line for limited

access of State Route 0083 and the legal right-of-way line for

township road of Township Road 997 (5th Avenue); thence along

the legal right-of-way line for township road of Township Road

997 (5th Avenue) along an arc 79.38 feet to the left, having a

radius of 143.32 feet, the chord of which is south 52 degrees 55

minutes 05 seconds east for a distance of 78.37 feet to the

intersection of the legal right-of-way line for township road of

Township Road 997 (5th Avenue) and the required right-of-way

line for limited access of State Route 0083; thence along the

required right-of-way line for limited access of State Route

0083 south 36 degrees 16 minutes 57 seconds east a distance of

528.69 feet to the intersection of the required right-of-way

line for limited access of State Route 0083 and the property

line of Parcel 231 Lot 7; thence along the property line of

Parcel 231 Lot 7 south 5 degrees 26 minutes 58 seconds west a

distance of 20.25 feet to the point and place of beginning and

having an area of 0.232 Acres.

Section 15. Conveyance in City of Pittsburgh, Allegheny County.

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

the approval of the Department of Human Services and the

Governor, is hereby authorized on behalf of the Commonwealth of

Pennsylvania to grant and convey a permanent easement from the

grounds of the Western Pennsylvania Psychiatric Institute,

situate in the City of Pittsburgh, Allegheny County, to the

University of Pittsburgh for purposes of the construction, use,

maintenance, inspection, repair and replacement of certain

improvements made by the University of Pittsburgh as part of

building projects on adjoining University of Pittsburgh

property.

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

in accordance with subsection (a) consists of the following:

ALL THAT CERTAIN easement area, situate in the 4th Ward, City

of Pittsburgh, County of Allegheny, more particularly bounded

and described as follows:

Beginning at a point on the line dividing lands now or

formerly of the Commonwealth of Pennsylvania and lands now or

formerly of the University of Pittsburgh, said point being the

following two (2) courses and distances from a point common to

the line dividing lands now or formerly of the Commonwealth of

Pennsylvania and lands now or formerly of the University of

Pittsburgh, at the intersection of the northeasterly right of

way line of Desoto Street, 60.00 feet wide, and the

northwesterly right of way line of Terrace Street, 60.00 feet

wide:

N 37° 53' 05" E a distance of 50.00 feet;

N 55° 10' 55" E a distance of 89.85 feet, to the point of

beginning;

thence from said point of beginning by the line dividing

lands now or formerly of the Commonwealth of Pennsylvania and

lands now or formerly of the University of Pittsburgh N 55° 10'

55" E a distance of 104.96 feet to a point; thence continuing by

same S 43° 31' 15" E a distance of 58.53 feet to a point; thence

by a line through lands now or formerly of the Commonwealth of

Pennsylvania the following four (4) courses and distances:

S 82° 30' 41" W a distance of 42.72 feet;

N 43° 31' 15" W a distance of 73.88 feet;

S 46° 59' 12" W a distance of 64.42 feet;

N 72° 17' 25" W a distance of 23.38 feet to a point on the

line dividing lands now or formerly of the Commonwealth of

Pennsylvania and lands now or formerly of the University of

Pittsburgh, at the point of beginning.

Containing 3006 square feet, more or less.

Being a portion of Tax Parcel Number: Block 27-P, Lot 90.

the approval of the Department of Human Services and the

Governor, is hereby authorized on behalf of the Commonwealth of

Pennsylvania to accept a permanent easement from the University

of Pittsburgh, situate in the City of Pittsburgh, Allegheny

County, for purposes of the construction, use, maintenance,

inspection, repair and replacement of a retaining wall partly

located on lands of the University of Pittsburgh, to benefit the

Western Pennsylvania Psychiatric Institute, for $1 and on such

other terms and conditions to be set forth in an easement

agreement.

(d) Easement area.--The easement area to be accepted in

accordance with subsection (c) consists of the following:

ALL THAT CERTAIN easement area, situate in the 4th Ward, City

of Pittsburgh, Allegheny County, Pennsylvania, more particularly

bound and described as follows:

Beginning at a point on the line dividing lands now or

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formerly of the Commonwealth of Pennsylvania and lands now or

formerly of the University of Pittsburgh, said point being the

following two (2) courses and distances from a point common to

the line dividing lands now or formerly of the Commonwealth of

Pennsylvania and lands now or formerly of the University of

Pittsburgh, at the intersection of the northeasterly right of

way line of Desoto Street, 60.00 feet wide, and the

northwesterly right of way line of Terrace Street, 60.00 feet

wide:

N 37° 53' 05" E a distance of 50.00 feet;

N 55° 10' 55" E a distance of 89.85 feet, to the point of

beginning;

thence from said point of beginning by a line through lands

now or formerly of the University of Pittsburgh the following

three (3) courses and distances:

N 30° 13' 12" W a distance of 14.21 feet;

N 59° 46' 48" E a distance of 68.48 feet; to a point of

curvature;

in an easterly direction by a curve bearing to the right

having a radius of 31.00 feet through an arc distance of 37.88

feet to a point on the line dividing lands now or formerly of

the Commonwealth of Pennsylvania and lands now or formerly of

the University of Pittsburgh;

thence by the line dividing lands now or formerly of the

Commonwealth of Pennsylvania and lands now or formerly of the

University of Pittsburgh S 55° 10' 55" W a distance of 97.80

feet to a point, at the point of the beginning.

Containing 1,527 square feet, more or less.

Being a portion of Tax Parcel Number: Block 27-P, Lot 80-0-3.

(e) Easement agreements.--The easement agreements to be

executed by the Commonwealth of Pennsylvania under this section

shall be executed by the Secretary of General Services in the

name of the Commonwealth of Pennsylvania.

Section 16. Conveyance in City of Philadelphia, Philadelphia

County.

(a) Authorization.--The Pennsylvania Historical and Museum

Commission, with the approval of the Governor, is authorized on

behalf of the Commonwealth of Pennsylvania to grant and convey

the following tract of land together with any improvements

thereon, situate in the 47th Ward of the City of Philadelphia,

Philadelphia County, to New Freedom Theatre, Inc., for $1, under

terms and conditions to be established in an agreement of sale.

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

subsection (a) consists of the following:

ALL that certain unit in the property known, named and

identified in the Declaration referred to below as "Freedom

Theatre Condominium," located in the 29th Ward of the City and

County of Philadelphia, Commonwealth of Pennsylvania, which has

heretofore been submitted to the provisions of the Pennsylvania

Uniform Condominium Act, 68 Pa.C.S. Section 3101, et seq., by

the recording in the Philadelphia Department of Records of a

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Declaration dated July 10, 1992, recorded on July 13, 1992 in

Deed Book VCS 111, Page 353, being and designated in such

Declaration as Unit 1, as more fully described in said

Declaration, together with a proportionate undivided interest in

the Common Elements (as defined in the Declaration) of 30%.

BEING the same premises conveyed by New Freedom Theatre, Inc.

to the Pennsylvania Historical and Museum Commission by deed

dated July 10, 1992, and recorded at the Department of Records

of the City and County of Philadelphia at Deed Book VCS 123 Page

132, Document Number 45614463.

ALSO BEING Philadelphia County OPA Account Number 772726001.

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) Restriction.--The conveyance authorized under this

section 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 State law. 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 subsection, the title shall immediately revert

to and revest in the grantor.

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

special warranty deed to be executed by the Executive Director

of the Pennsylvania Historical and Museum Commission in the name

of the Commonwealth of Pennsylvania.

(f) Proceeds.--The proceeds from the conveyance under this

section shall be deposited into the General Fund.

(g) Alternate disposition.--In the event that the conveyance

authorized under this section is not completed within two years

of the effective date of this subsection, the authority to

convey the property as specified in subsection (a) shall expire,

and the property may be disposed of in accordance with section

2405-A of the act of April 9, 1929 (P.L.177, No.175), known as

The Administrative Code of 1929.

Section 17. Agreements with the United States Army Reserve.

(a) Authorization.--The State Armory Board is hereby

authorized to enter into such agreements as may be necessary to

exchange with the United States Army Reserve the right of

occupancy in, use of and obligations belonging to, the

properties described in subsection (b) under such terms and

conditions as they may determine, subject to the conditions

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specified in subsections (c) and (d).

(b) Property descriptions.--

(1) The Johnstown Walters Avenue Readiness Center

consists of approximately 15.0 acres of land and improvements

located at 656 Walters Avenue, Johnstown, Pennsylvania (Tax

Parcel No. 50-05-123.1). The Readiness Center was used by the

Pennsylvania National Guard to serve and support its mission.

The Readiness Center is owned by the Commonwealth of

Pennsylvania and is maintained, managed and regulated by the

State Armory Board.

(2) Building #228 is a hangar facility and surrounding

infrastructure situated on land owned by the Johnstown-

Cambria County Airport Authority. The Johnstown-Cambria

County Airport Authority leases Building #228 to the United

States Army Reserve. The United States Army Reserve currently

uses Building #228 to serve and support its mission.

agreements that may be necessary to effectuate the exchange of

rights and obligations authorized under subsection (a), the

State Armory Board must establish that the Department of

Military and Veterans Affairs has funds necessary to implement

and to support the terms of the agreements, including terms that

allocate obligations for maintenance and renovations.

(d) Terms and conditions.--The terms and conditions of the

exchange authorized under subsection (a) shall be determined by

the State Armory Board and the United States Army Reserve. All

terms and conditions must comply with Federal and State statutes

and governing regulations. However, notwithstanding the

provisions of 51 Pa.C.S. § 1509(a) (relating to rental or lease

of armories and of buildings or structures at Fort Indiantown

Gap) or any other provision of law or regulation that prescribes

time periods for leases or other agreements, the State Armory

Board may execute a lease or other agreement for a term of not

less than 25 years.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"State Armory Board." The State Armory Board established

under 51 Pa.C.S. Ch. 15 (relating to State Armory Board).

"United States Army Reserve." The reserve component of the

United State Army, exclusive of the various National Guards,

established under 10 U.S.C. Subt. E (relating to reserve

components).

Amend Bill, page 61, line 18, by striking out "14" and

inserting

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