HOUSE AMENDED
PRIOR PRINTER'S NOS. 700, 1198, 1283 PRINTER'S NO. 1486
No. 648 Session of 2007
INTRODUCED BY D. WHITE, MARCH 22, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 23, 2007
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Department of Military and Veterans Affairs
3 and the Governor, to grant and convey, at a price to be
4 determined through a competitive bid process, certain lands,
5 buildings and improvements situate in the Borough of
6 Ligonier, Westmoreland County; and authorizing and directing <--
7 the Department of General Services, with the approval of the
8 Governor and the Department of Military and Veterans Affairs,
9 to grant and convey certain lands situate in the City of
10 Connellsville, a third class city, Fayette County, to the
11 City of Connellsville; AND AUTHORIZING AND DIRECTING THE <--
12 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
13 GOVERNOR, TO GRANT AND CONVEY TO THE ALLENTOWN COMMERCIAL
14 INDUSTRIAL AND INDUSTRIAL DEVELOPMENT AUTHORITY, OR THEIR <--
15 ASSIGNS, CERTAIN LANDS SITUATE IN THE CITY OF ALLENTOWN AND <--
16 THE CITY OF BETHLEHEM, LEHIGH COUNTY, PENNSYLVANIA; AND <--
17 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
18 APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO BENSALEM
19 TOWNSHIP, CERTAIN LANDS SITUATE IN BENSALEM TOWNSHIP, BUCKS
20 COUNTY; AND AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
21 WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE
22 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, CERTAIN LANDS
23 SITUATE IN SUSQUEHANNA TOWNSHIP, DAUPHIN COUNTY.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Conveyance in Ligonier Borough, Westmoreland County.
27 (a) Authorization.--The Department of General Services, with
1 the approval of the Department of Military and Veterans Affairs
2 and the Governor, is hereby authorized on behalf of the
3 Commonwealth of Pennsylvania to grant and convey the following
4 tract of land together with any buildings, structures or
5 improvements thereon, situate in the Borough of Ligonier,
6 Westmoreland County, Pennsylvania. The Department of General
7 Services shall sell the property using, in its discretion, one
8 of the following methods of sale: an invitation for sealed bids
9 or public auction.
10 (b) Property description.--The property to be conveyed
11 pursuant to subsection (a) consists of approximately 2.86-acres
12 and a building bounded and more particularly described as
13 follows:
14 ALL THAT CERTAIN tract of land situate in the Borough of
15 Ligonier, Westmoreland County more particularly bounded and
16 described as follows:
17 BEGINNING at a point in the center line of the Lincoln
18 Highway, where the same intersects with the Southeasterly line
19 of Walnut Street projected; thence North 46 degrees 13 minutes
20 East 39 feet to the right-of-way line of the said Lincoln
21 Highway; thence, continuing along the Southeasterly line of
22 Walnut Street, North 46 degrees 13 minutes East 743.2 feet to a
23 point on the Southwesterly side of a twenty (20) foot alley;
24 thence along same and other lands N/F Ligonier Valley Rail Road
25 Company, South 43 degrees 47 minutes East 190 feet to a point;
26 thence along other lands N/F Ligonier Valley Rail Road Company,
27 South 46 degrees 13 minutes West 493.1 feet to a point; thence
28 along same, South 69 degrees 3 minutes West 119.3 feet to a
29 point; thence along same, South 77 degrees 14 minutes West 163.6
30 feet to a point on the right-of-way line of the Lincoln Highway;
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1 thence South 77 degrees 14 minutes West 46.5 feet to a point in
2 the center line of the Lincoln Highway; thence along the center
3 line of said Lincoln Highway, North 43 degrees 30 minutes West
4 35.5 feet to a point, the place of BEGINNING.
5 CONTAINING 2.86-acres more or less.
6 BEING the same property conveyed to the Commonwealth of
7 Pennsylvania by the Ligonier Valley Rail Road Company in its
8 deed, dated July 15, 1937, recorded in the Westmoreland County
9 Recorder of Deeds Office in Deed Book Volume 1004, Page 467.
10 (c) Conditions.--The conveyance shall be made under and
11 subject to all lawful and enforceable easements, servitudes and
12 rights of others, including but not confined to streets,
13 roadways and rights of any telephone, telegraph, water,
14 electric, gas or pipeline companies, as well as under and
15 subject to any lawful and enforceable estates or tenancies
16 vested in third persons appearing of record, for any portion of
17 the land or improvements erected thereon.
18 (D) LAND RESTRICTION.--ANY CONVEYANCE AUTHORIZED UNDER THIS <--
19 SECTION SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
20 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
21 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
22 DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
23 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW.
24 (d) (E) Deed of conveyance.--The deed of conveyance shall be <--
25 by Special Warranty Deed and shall be executed by the Secretary
26 of General Services in the name of the Commonwealth of
27 Pennsylvania.
28 (e) (F) Deposit of proceeds.--The proceeds from the sale <--
29 shall be deposited in the State Treasury Armory Fund.
30 Section 2. Conveyance in City of Connellsville, Fayette County.
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1 (a) Authorization.--The Department of General Services, with
2 the approval of the Department of Military and Veterans Affairs
3 and the Governor, is hereby authorized and directed on behalf of
4 the Commonwealth of Pennsylvania to grant and convey, for
5 $50,000, and under terms and conditions to be established in an
6 agreement of sale with the Department of General Services, the
7 following tract of land together with any buildings, structures
8 or improvements thereon, known as the National Guard Armory, 108
9 West Washington Avenue, Connellsville, Fayette County,
10 Pennsylvania, to the City of Connellsville, described in
11 subsection (b).
12 (b) Property description.--The property to be conveyed
13 pursuant to subsection (a) consists of approximately 0.26-acres
14 more or less known as 108 West Washington Avenue and more
15 particularly bounded and described as follows:
16 BEGINNING at the intersection of the northerly line of
17 Washington Avenue with the easterly line of Aetna Street; thence
18 south, eighty-nine (89) degrees fifty-five (55) minutes east,
19 ninety-four (94) feet along said northerly line to the westerly
20 line of an eighteen foot alley; thence at right angles along
21 said westerly line of said alley north, no (0) degrees five (5)
22 minutes east, one hundred twenty-one (121) feet to the southerly
23 line of another eighteen foot alley; thence at right angles
24 north, eighty-nine (89) degrees fifty-five (55) minutes west,
25 ninety-four (94) feet along said southerly line of said last
26 mentioned eighteen foot alley to said easterly line of Aetna
27 Street; thence at right angles south, no (0) degrees five (5)
28 minutes west, one hundred twenty-one (121) feet along said
29 easterly line of Aetna Street to the place of beginning.
30 Containing: 0.26-acres, more or less.
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1 (c) Conditions.--The conveyance shall be made under and
2 subject to all lawful and enforceable easements, servitudes and
3 rights of others, including, but not confined to, streets,
4 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 (d) Covenant.--Any conveyance authorized under this act
10 shall be made under and subject to the condition, which shall be
11 contained in the deed of conveyance, that no portion of the
12 property conveyed shall be used as a licensed facility, as
13 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
14 other similar type facility authorized under State law. The
15 condition shall be a covenant running with the land and shall be
16 binding upon the Grantee, its successors and assigns. Should the
17 Grantee, its successors or assigns, permit any portion of the
18 property authorized to be conveyed in this act to be used in
19 violation of this subsection, the title shall immediately revert
20 to and revest in the Grantor.
21 (e) Deed of conveyance.--The deed of conveyance shall be by
22 Special Warranty Deed and shall be executed by the Secretary of
23 General Services in the name of the Commonwealth of
24 Pennsylvania.
25 (f) Costs and fees.--Costs and fees incidental to this
26 conveyance shall be borne by the Grantee.
27 (g) Deposit of proceeds.--The proceeds from the sale of the
28 land and building shall be deposited in the State Treasury
29 Armory Fund.
30 (h) Disposal.--In the event the conveyance is not executed
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1 within six months of the effective date of this act, the
2 Department of General Services may dispose of the property for
3 the Department of Military and Veterans Affairs in accordance
4 with section 2406-A of the act of April 9, 1929 (P.L.177,
5 No.175), known as The Administrative Code of 1929.
6 SECTION 3. CONVEYANCE IN THE CITY OF ALLENTOWN AND THE CITY OF <--
7 BETHLEHEM, LEHIGH COUNTY.
8 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
9 THE APPROVAL OF THE GOVERNOR, IS AUTHORIZED ON BEHALF OF THE
10 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
11 ALLENTOWN COMMERCIAL INDUSTRIAL AND INDUSTRIAL DEVELOPMENT <--
12 AUTHORITY, OR THEIR ASSIGNS, A CERTAIN TRACT OF LAND AND
13 IMPROVEMENTS THEREON, BEING AN UNUSED PORTION OF THE ALLENTOWN
14 STATE HOSPITAL, DESCRIBED IN SUBSECTION (B) UNDER TERMS AND
15 CONDITIONS TO BE ESTABLISHED IN AN AGREEMENT OF SALE WITH THE
16 DEPARTMENT OF GENERAL SERVICES.
17 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
18 SUBSECTION (A) CONSISTS OF APPROXIMATELY 36.08 29.321 ACRES, <--
19 MORE OR LESS, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS
20 FOLLOWS, SUBJECT TO AN OFFICIAL SURVEY AND PLAN:
21 BEGINNING AT A POINT BEING THE POINT OF BEGINNING; THENCE S. <--
22 08 DEGREES 31 MINUTES 43 SECONDS E., A DISTANCE OF 327.98 FEET;
23 THENCE S. 76 DEGREES 19 MINUTES 04 SECONDS W., A DISTANCE OF
24 1,186.33 FEET; THENCE S. 72 DEGREES 56 MINUTES 55 SECONDS W., A
25 DISTANCE OF 285.07 FEET; THENCE S. 43 DEGREES 48 MINUTES 06
26 SECONDS W., A DISTANCE OF 727.05 FEET; THENCE S. 54 DEGREES 56
27 MINUTES 04 SECONDS W., A DISTANCE OF 603.06 FEET; THENCE N. 34
28 DEGREES 49 MINUTES 40 SECONDS W., A DISTANCE OF 160.00 FEET;
29 THENCE N. 55 DEGREES 10 MINUTES 20 SECONDS E., A DISTANCE OF
30 243.03 FEET; THENCE N. 27 DEGREES 11 MINUTES 30 SECONDS W., A
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1 DISTANCE OF 394.57 FEET; THENCE CONTINUE NORTHWESTERLY ALONG
2 SAID LINE, A DISTANCE OF 637.91 FEET; THENCE N. 81 DEGREES 23
3 MINUTES 17 SECONDS E., A DISTANCE OF 531.03 FEET; THENCE S. 43
4 DEGREES 13 MINUTES 28 SECONDS E., A DISTANCE OF 11.42 FEET;
5 THENCE S. 80 DEGREES 16 MINUTES 16 SECONDS W., A DISTANCE OF
6 54.97 FEET; THENCE S. 07 DEGREES 57 MINUTES 07 SECONDS W., A
7 DISTANCE OF 61.36 FEET; THENCE S. 61 DEGREES 19 MINUTES 56
8 SECONDS E., A DISTANCE OF 163.09 FEET; THENCE N. 68 DEGREES 57
9 MINUTES 39 SECONDS E., A DISTANCE OF 177.92 FEET; THENCE N. 58
10 DEGREES 25 MINUTES 17 SECONDS E., A DISTANCE OF 238.88 FEET;
11 THENCE N. 23 DEGREES 18 MINUTES 43 SECONDS W., A DISTANCE OF
12 36.00 FEET; THENCE N. 82 DEGREES 58 MINUTES 17 SECONDS E., A
13 DISTANCE OF 1,395.57 FEET; THENCE N. 81 DEGREES 45 MINUTES 17
14 SECONDS E., A DISTANCE OF 387.40 FEET TO THE POINT OF BEGINNING.
15 CONTAINING 36.08-ACRES, MORE OR LESS.
16 ALL THAT CERTAIN LOT OR PARCEL OF GROUND BEING LOCATED IN THE <--
17 CITY OF ALLENTOWN IN LEHIGH COUNTY, PENNSYLVANIA AND BEING
18 BOUNDED AND DESCRIBED AS FOLLOWS:
19 BEGINNING AT A POINT ON THE SOUTH LINE OF ALLEN STREET, SAID
20 POINT BEING LOCATED N 81 DEGREES 23 MINUTES 17 SECONDS E FOR A
21 DISTANCE OF 678.83 FEET FROM THE SOUTHWEST CORNER OF NORTH
22 QUEBEC STREET AND SAID POINT BEING THE NORTHWEST CORNER OF THIS
23 DESCRIBED PARCEL; THENCE FROM THE PLACE OF BEGINNING ALONG THE
24 SOUTH LINE OF ALLEN STREET AND THE SOUTH LINE OF OIL PROCESS
25 SYSTEMS N 81 DEGREES 23 MINUTES 17 SECONDS E FOR A DISTANCE OF
26 531.03 FEET TO A CONCRETE MONUMENT FOUND; THENCE ALONG THE LANDS
27 OF BRUCE LOCH AND JAMES BURKOS THE FOLLOWING NINE (9) COURSES
28 AND DISTANCES:
29 (1) S 43 DEGREES 13 MINUTES 28 SECONDS E - 11.42 FEET TO A
30 CONCRETE MONUMENT FOUND; THENCE
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1 (2) S 80 DEGREES 16 MINUTES 15 SECONDS W - 54.97 FEET TO AN
2 IRON PIN FOUND; THENCE
3 (3) S 7 DEGREES 57 MINUTES 07 SECONDS W - 61.34 FEET TO A
4 CONCRETE MONUMENT FOUND; THENCE
5 (4) S 61 DEGREES 19 MINUTES 56 SECONDS E - 163.09 FEET TO A
6 CONCRETE MONUMENT FOUND; THENCE
7 (5) N 68 DEGREES 57 MINUTES 39 SECONDS E - 177.92 FEET TO A
8 POINT; THENCE
9 (6) N 58 DEGREES 25 MINUTES 17 SECONDS E - 238.88 FEET TO A
10 CONCRETE MONUMENT FOUND; THENCE
11 (7) N 23 DEGREES 18 MINUTES 43 SECONDS W - 36.00 FEET TO A
12 POINT; THENCE
13 (8) N 82 DEGREES 58 MINUTES 17 SECONDS E - 987.97 FEET TO A
14 CONCRETE MONUMENT FOUND; THENCE
15 (9) N 82 DEGREES 59 MINUTES 59 SECONDS E - 1.43 FEET TO A
16 POINT; THENCE ALONG LOT NO. 1, THE RESIDUE LANDS OF THE
17 COMMONWEALTH OF PENNSYLVANIA THE FOLLOWING EIGHT (8) COURSES AND
18 DISTANCES:
19 (I) S 6 DEGREES 55 MINUTES 39 SECONDS W - 413.29 FEET TO A
20 POINT; THENCE
21 (II) S 76 DEGREES 19 MINUTES 04 SECONDS W - 378.08 FEET TO A
22 POINT; THENCE
23 (III) S 72 DEGREES 56 MINUTES 55 SECONDS W - 285.07 FEET TO A
24 POINT; THENCE
25 (IV) S 43 DEGREES 48 MINUTES 06 SECONDS W - 603.06 FEET TO A
26 POINT; THENCE
27 (V) S 54 DEGREES 56 MINUTES 04 SECONDS W - 603.06 FEET TO A
28 POINT; THENCE
29 (VI) N 34 DEGREES 49 MINUTES 40 SECONDS W - 160.00 FEET TO A
30 POINT; THENCE
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1 (VII) N 55 DEGREES 10 MINUTES 20 SECONDS E - 243.03 FEET TO A
2 POINT; THENCE
3 (VIII) N 27 DEGREES 11 MINUTES 30 SECONDS W - 1032.47 FEET TO
4 THE PLACE OF BEGINNING.
5 CONTAINING 29.321 ACRES, MORE OR LESS.
6 (C) GRANTING AND RETENTION OF EASEMENTS.--THE DEPARTMENT OF
7 GENERAL SERVICES IS AUTHORIZED TO DO ALL OF THE FOLLOWING:
8 (1) GRANT AND CONVEY TO THE ALLENTOWN COMMERCIAL
9 INDUSTRIAL AND INDUSTRIAL DEVELOPMENT AUTHORITY, OR THEIR <--
10 ASSIGNS, ANY EASEMENTS FOR UTILITIES AND INGRESS OR EGRESS ON
11 RESIDUAL LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AT
12 ALLENTOWN STATE HOSPITAL NECESSARY TO COMPLY WITH LOCAL LAND
13 DEVELOPMENT AND ZONING ORDINANCES.
14 (2) RESERVE AND EXCEPT ANY EASEMENTS ON THE PROPERTY TO
15 BE CONVEYED TO THE ALLENTOWN COMMERCIAL INDUSTRIAL AND <--
16 INDUSTRIAL DEVELOPMENT AUTHORITY UNDER THIS SECTION NECESSARY
17 FOR THE EFFICIENT OPERATION OF ALLENTOWN STATE HOSPITAL.
18 (D) EASEMENTS, SERVITUDES AND RIGHTS.--THE CONVEYANCE SHALL
19 BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE
20 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING BUT NOT
21 CONFINED TO STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
22 TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL
23 AS UNDER AND SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR
24 TENANCIES VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY
25 PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
26 (E) LAND RESTRICTION.--
27 (1) ANY CONVEYANCE AUTHORIZED UNDER THIS SECTION SHALL
28 BE MADE UNDER AND SUBJECT TO THE FOLLOWING CONDITIONS, WHICH
29 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE:
30 (I) THAT NO PORTION OF THE PROPERTY CONVEYED SHALL
20070S0648B1486 - 9 -
1 BE USED AS A LICENSED FACILITY, AS DEFINED IN 4 PA.C.S. §
2 1103 (RELATING TO DEFINITIONS), OR ANY OTHER SIMILAR TYPE
3 OF FACILITY AUTHORIZED UNDER STATE LAW.
4 (II) THAT THE PROPERTY CONVEYED SHALL BE USED ONLY
5 AS COMMERCIAL OR SENIOR RESIDENTIAL PROPERTY OR BOTH.
6 (2) THE CONDITION UNDER PARAGRAPH (1) SHALL BE COVENANTS
7 RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE GRANTEE,
8 ITS SUCCESSORS AND ASSIGNS. IF THE GRANTEE, ITS SUCCESSORS OR
9 ASSIGNS, PERMITS ANY PORTION OF THE PROPERTY AUTHORIZED TO BE
10 CONVEYED UNDER THIS SECTION TO BE USED IN VIOLATION OF THIS
11 SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT TO AND REVEST
12 IN THE GRANTOR.
13 (F) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
14 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
15 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
16 (G) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
17 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
18 (H) NONCONVEYANCE.--IF AN AGREEMENT OF SALE BETWEEN THE
19 DEPARTMENT OF GENERAL SERVICES AND THE ALLENTOWN COMMERCIAL
20 INDUSTRIAL AND INDUSTRIAL DEVELOPMENT AUTHORITY IS NOT EXECUTED <--
21 WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE
22 AUTHORITY CONTAINED UNDER THIS SECTION SHALL EXPIRE.
23 SECTION 4. CONVEYANCE IN BENSALEM TOWNSHIP, BUCKS COUNTY. <--
24 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
25 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
26 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO BENSALEM
27 TOWNSHIP CERTAIN LANDS, AND ALL IMPROVEMENTS THEREON, SITUATE IN
28 BENSALEM TOWNSHIP, BUCKS COUNTY UNDER TERMS AND CONDITIONS TO BE
29 ESTABLISHED IN AN AGREEMENT OF SALE WITH THE DEPARTMENT OF
30 GENERAL SERVICES.
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1 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
2 SECTION 1 CONSISTS OF APPROXIMATELY 15 ACRES, AND ALL
3 IMPROVEMENTS THEREON, BOUNDED AND MORE PARTICULARLY DESCRIBED AS
4 FOLLOWS:
5 BEGINNING AT A POINT AT THE INTERSECTION OF NEW ROAD AND
6 NESHAMINY BOULEVARD IN BENSALEM TOWNSHIP, BUCKS COUNTY,
7 PENNSYLVANIA; THENCE EXTENDING FROM THE POINT OF BEGINNING SOUTH
8 61 DEGREES, 58 MINUTES WEST 506.04 FEET ALONG NESHAMINY
9 BOULEVARD TO A POINT; THENCE EXTENDING SOUTH 61 DEGREES 35
10 MINUTES, 25 SECONDS EAST 106.36 FEET ALONG NESHAMINY BOULEVARD;
11 THENCE EXTENDING SOUTH 52 DEGREES 45 MINUTES WEST 459.03 FEET
12 ALONG NESHAMINY BOULEVARD TO APPOINT; THENCE EXTENDING NORTH 28
13 DEGREES 38 MINUTES WEST 636.67 FEET TO A POINT; THENCE EXTENDING
14 NORTH 2 DEGREES 16 MINUTES EAST 228.05 FEET TO A POINT ALONG
15 ROUTE 1; THENCE EXTENDING NORTH 34 DEGREES 30 MINUTES EAST 298
16 FEET ALONG THE SOUTHEAST SIDE OF U.S. ROUTE 1; THENCE EXTENDING
17 NORTH 29 DEGREES 38 MINUTES EAST 74.07 FEET ALONG THE SOUTHEAST
18 SIDE OF U.S. ROUTE 1; THENCE EXTENDING NORTH 34 DEGREES 30
19 MINUTES EAST 50.03 FEET ALONG THE SOUTHEAST SIDE OF U.S. ROUTE 1
20 TO A POINT ON NEW ROAD; THENCE EXTENDING SOUTH 53 DEGREES 5
21 MINUTES WEST 340 FEET TO A POINT; THENCE EXTENDING SOUTH 52
22 DEGREES 29 MINUTES EAST 770 FEET ALONG NEW ROAD TO THE
23 INTERSECTION OF NESHAMINY BOULEVARD, THE PLACE OF BEGINNING.
24 CONTAINING 15-ACRES, MORE OR LESS.
25 EXCEPTING AND RESERVING ALL THAT CERTAIN PARCEL OF REAL
26 ESTATE AS REQUIRED BY THE PENNSYLVANIA DEPARTMENT OF
27 TRANSPORTATION FOR A HIGHWAY IMPROVEMENT PROJECT ENTITLED "SR
28 0001 SEC. 03S: SR 1 RECONSTRUCTION AND WIDENING PROJECT REQUIRED
29 AREA FOR PA TURNPIKE RAMP RECONSTRUCTION". THE PROPERTY
30 PRELIMINARILY DETERMINED TO BE REQUIRED FOR THIS PROJECT IS
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1 SHOWN AS "AREA REQUIRED FOR NEW RAMP CONSTRUCTION" ON A PLAN
2 PREPARED BY THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION TITLED
3 "SR 0001 SEC. 03S: SR 1 RECONSTRUCTION AND WIDENING PROJECT
4 REQUIRED AREA FOR PA TURNPIKE RAMP RECONSTRUCTION", WHICH IS ON
5 FILE WITH THE DEPARTMENT OF GENERAL SERVICES. THE FINAL LEGAL
6 DESCRIPTION AND ACREAGE OF THE PROPERTY TO BE CONVEYED (LESS THE
7 PROPERTY TO BE EXCEPTED AND RESERVED FOR THE PA DEPARTMENT OF
8 TRANSPORTATION USE, AS AFORESAID) SHALL BE DETERMINED BY A
9 PENNSYLVANIA LICENSED LAND SURVEYOR PRIOR TO CONVEYANCE.)
10 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
11 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
12 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
13 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
14 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
15 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
16 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
17 THE LAND OR IMPROVEMENTS ERECTED THEREON.
18 (D) LAND USE RESTRICTION.--ANY CONVEYANCE AUTHORIZED UNDER
19 THIS ACT SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
20 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
21 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
22 DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
23 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
24 CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
25 BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. SHOULD THE
26 GRANTEE, ITS SUCCESSORS OR ASSIGNS, PERMIT ANY PORTION OF THE
27 PROPERTY AUTHORIZED TO BE CONVEYED IN THIS ACT TO BE USED IN
28 VIOLATION OF THIS SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT
29 TO AND REVEST IN THE GRANTOR.
30 (E) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
20070S0648B1486 - 12 -
1 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
2 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
3 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
4 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
5 (G) ALTERNATE DISPOSAL OF PROPERTY.--IN THE EVENT THAT THE
6 GRANTEE AND THE DEPARTMENT OF GENERAL SERVICES CANNOT REACH A
7 MUTUALLY ACCEPTABLE AGREEMENT OF SALE WITHIN 12 MONTHS OF THE
8 EFFECTIVE DATE OF THIS ACT, THE PROPERTY MAY BE DISPOSED OF IN
9 ACCORDANCE WITH ARTICLE XXIV-A OF THE ACT OF APRIL 9, 1929
10 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
11 SECTION 5. CONVEYANCE IN SUSQUEHANNA TOWNSHIP, DAUPHIN COUNTY.
12 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
13 THE APPROVAL OF THE GOVERNOR, IS AUTHORIZED ON BEHALF OF THE
14 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
15 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION CERTAIN LANDS, AND ANY
16 IMPROVEMENTS THEREON, SITUATE IN SUSQUEHANNA TOWNSHIP, DAUPHIN
17 COUNTY FOR $2,718,600 AND UNDER TERMS AND CONDITIONS TO BE
18 ESTABLISHED IN AN AGREEMENT OF SALE WITH THE DEPARTMENT OF
19 GENERAL SERVICES.
20 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
21 SUBSECTION (A) CONSISTS OF APPROXIMATELY 47.28-ACRES, AND ANY
22 IMPROVEMENTS THEREON, BOUNDED AND MORE PARTICULARLY DESCRIBED AS
23 FOLLOWS:
24 BEGINNING AT A POINT, SAID POINT BEING LOCATED ALONG THE
25 SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 81, APPROXIMATELY 355
26 FEET FROM THE CENTERLINE OF KOHN ROAD, THE POINT OF BEGINNING;
27 THENCE PROGRESSING SOUTH 18 DEGREES 15 MINUTES 00 SECONDS EAST A
28 DISTANCE OF 256.84 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY
29 LINE OF KOHN ROAD; THENCE PROGRESSING ALONG SAID RIGHT OF WAY
30 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 551.04 FEET, AN
20070S0648B1486 - 13 -
1 ARC LENGTH OF 201.48 FEET, A CHORD BEARING OF SOUTH 72 DEGREES
2 53 MINUTES 02 SECONDS WEST, AND A CHORD DISTANCE OF 200.36 FEET
3 TO A POINT; THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE
4 RIGHT HAVING A RADIUS OF 1365.28 FEET, AN ARC LENGTH OF 130.90
5 FEET, A CHORD BEARING OF SOUTH 89 DEGREES 18 MINUTES 14 SECONDS
6 WEST, AND A CHORD DISTANCE OF 130.84 FEET TO A POINT; THENCE
7 PROGRESSING ALONG SAID RIGHT OF WAY NORTH 85 DEGREES 57 MINUTES
8 13 SECONDS WEST A DISTANCE OF 402.09 FEET TO A POINT; THENCE
9 PROGRESSING ALONG SAID RIGHT OF WAY NORTH 86 DEGREES 33 MINUTES
10 02 SECONDS WEST A DISTANCE OF 123.91 FEET TO A POINT; THENCE
11 PROGRESSING ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT
12 HAVING A RADIUS OF 316.50 FEET, AN ARC LENGTH OF 92.88 FEET, A
13 CHORD BEARING OF SOUTH 85 DEGREES 02 MINUTES 33 SECONDS WEST,
14 AND A CHORD DISTANCE OF 92.55 FEET TO A POINT; THENCE
15 PROGRESSING ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT
16 HAVING A RADIUS OF 155.68 FEET, AN ARC LENGTH OF 214.47 FEET, A
17 CHORD BEARING OF SOUTH 37 DEGREES 10 MINUTES 05 SECONDS WEST,
18 AND A CHORD DISTANCE OF 197.91 FEET TO A POINT; THENCE
19 PROGRESSING ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT
20 HAVING A RADIUS OF 2381.50, AN ARC LENGTH OF 230.54 FEET, A
21 CHORD BEARING OF SOUTH 05 DEGREES 04 MINUTES 21 SECONDS EAST,
22 AND A CHORD DISTANCE OF 230.45 FEET TO A POINT; THENCE
23 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 07 DEGREES 50 MINUTES
24 44 SECONDS EAST A DISTANCE OF 255.94 FEET TO A POINT; THENCE
25 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 07 DEGREES 56 MINUTES
26 18 SECONDS EAST A DISTANCE OF 105.02 FEET TO A POINT; THENCE
27 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 09 DEGREES 38 MINUTES
28 55 SECONDS EAST A DISTANCE OF 94.05 FEET TO A POINT; THENCE
29 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 13 DEGREES 31 MINUTES
30 27 SECONDS EAST A DISTANCE OF 96.77 FEET TO A POINT; THENCE
20070S0648B1486 - 14 -
1 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 13 DEGREES 16 MINUTES
2 31 SECONDS EAST A DISTANCE OF 138.40 FEET TO A POINT; THENCE
3 PROGRESSING ALONG SAID RIGHT OF WAY SOUTH 13 DEGREES 42 MINUTES
4 07 SECONDS EAST A DISTANCE OF 41.97 FEET TO A POINT; THENCE
5 LEAVING THE RIGHT OF WAY OF KOHN ROAD AND PROGRESSING SOUTH 82
6 DEGREES 38 MINUTES 10 SECONDS WEST A DISTANCE OF 1,158.49 FEET
7 TO A POINT; THENCE PROGRESSING NORTH 07 DEGREES 21 MINUTES 50
8 SECONDS WEST A DISTANCE OF 1,661.98 FEET TO A POINT ALONG THE
9 SOUTHERLY RIGHT OF WAY OF INTERSTATE 81; THENCE PROGRESSING
10 ALONG SAID RIGHT OF WAY SOUTH 85 DEGREES 54 MINUTES 11 SECONDS
11 EAST A DISTANCE OF 1,511.03 FEET TO A POINT; THENCE PROGRESSING
12 ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT HAVING A
13 RADIUS OF 3939.83, AN ARC LENGTH OF 445.14 FEET, A CHORD BEARING
14 OF SOUTH 85 DEGREES 54 MINUTES 11 SECONDS EAST, AND A CHORD
15 DISTANCE OF 444.90 FEET TO A POINT; THENCE PROGRESSING ALONG
16 SAID RIGHT OF WAY NORTH 00 DEGREES 51 MINUTES 37 SECONDS EAST A
17 DISTANCE OF 20.00 FEET TO A POINT; THENCE PROGRESSING ALONG SAID
18 RIGHT OF WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
19 3919.83 FEET, AN ARC LENGTH OF 239.27 FEET, A CHORD BEARING OF
20 NORTH 89 DEGREES 06 MINUTES 42 SECONDS EAST, AND A CHORD
21 DISTANCE OF 239.23 FEET TO A POINT, THE POINT OF BEGINNING.
22 CONTAINING 47.28-ACRES.
23 (C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
24 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
25 RIGHTS OF OTHERS, INCLUDING STREETS, ROADWAYS AND RIGHTS OF ANY
26 TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE
27 COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL AND
28 ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD PERSONS
29 APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS
30 ERECTED THEREON.
20070S0648B1486 - 15 -
1 (D) RESTRICTIONS.--ANY CONVEYANCE AUTHORIZED UNDER THIS
2 SECTION SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
3 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
4 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
5 DEFINED UNDER 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
6 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
7 CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
8 BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. IF THE
9 GRANTEE, ITS SUCCESSORS OR ASSIGNS, PERMITS ANY PORTION OF THE
10 PROPERTY AUTHORIZED TO BE CONVEYED UNDER THIS SECTION TO BE USED
11 IN VIOLATION OF THIS SUBSECTION, THE TITLE SHALL IMMEDIATELY
12 REVERT TO AND REVEST IN THE GRANTOR.
13 (E) SPECIAL WARRANTY DEED.--THE DEED OF CONVEYANCE SHALL BE
14 BY SPECIAL WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY
15 OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
16 PENNSYLVANIA.
17 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
18 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
19 (G) PROCEEDS.--THE DEPARTMENT OF GENERAL SERVICES SHALL
20 UTILIZE THE PROCEEDS FROM THE CONVEYANCE TO REIMBURSE ITSELF FOR
21 COSTS OR FEES IT INCURRED AS A RESULT OF THIS CONVEYANCE. ANY
22 FUNDS REMAINING AFTER REIMBURSEMENT TO THE DEPARTMENT OF GENERAL
23 SERVICES SHALL BE DEPOSITED INTO THE AGRICULTURAL FARM
24 OPERATIONS ACCOUNT ESTABLISHED UNDER THE ACT OF JUNE 18, 1982
25 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
26 ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
27 DEPARTMENT OF AGRICULTURE."
28 (H) ALTERNATE DISPOSAL.--IF THE GRANTEE AND THE DEPARTMENT
29 OF GENERAL SERVICES CANNOT REACH A MUTUALLY ACCEPTABLE AGREEMENT
30 OF SALE WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
20070S0648B1486 - 16 -
1 THE PROPERTY MAY BE DISPOSED OF IN ACCORDANCE WITH SECTION 2406-
2 A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
3 ADMINISTRATIVE CODE OF 1929.
4 Section 3 4 6. Effective date. <--
5 This act shall take effect immediately.
C12L85DMS/20070S0648B1486 - 17 -