PRINTER'S NO. 3364
No. 2368 Session of 1984
INTRODUCED BY FLICK, PITTS, E. Z. TAYLOR, VROON, HERSHEY AND MORRIS, JUNE 28, 1984
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 28, 1984
AN ACT 1 Authorizing the Department of General Services, with the 2 approval of the Governor and the Department of Health, to 3 convey two tracts of land located in Westtown Township, 4 Chester County, Pennsylvania, to Gaudenzia, Inc., a not-for- 5 profit corporation, and the Township of Westtown. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Conveyance to Gaudenzia, Inc. 9 The Department of General Services is authorized, with the 10 approval of the Governor and the Department of Health, to convey 11 to Gaudenzia, Inc., a not-for-profit Pennsylvania corporation, 12 upon demonstration of equivalent or greater return to the 13 Commonwealth within five years due to the ongoing program for 14 care of and service to addicted persons as prescribed in section 15 2405-A(3) of the act of April 9, 1929 (P.L.177, No.175), known 16 as The Administrative Code of 1929, a tract of land with the 17 buildings and improvements thereon, situate in Westtown 18 Township, Chester County, Pennsylvania, hereinafter described, 19 together with the following easements and subject to the
1 following conditions and restrictions: 2 Beginning at a point in the title line in the bed of Concord 3 Road, which point is a corner in the property line of J. C. 4 Smith Memorial Home; thence along the south property line of 5 said memorial home, crossing a monument at the edge of Concord 6 Road, south 66 degrees 42 minutes west 1060.47 feet to a 7 railroad spike; thence along same north 22 degrees 29 minutes 20 8 seconds west 60.00 feet to another railroad spike; thence along 9 tract about to be conveyed to Westtown Township, the following 8 10 courses and distances: 11 (1) South 57 degrees 48 minutes 02 seconds west 446.28 12 feet to an iron pin. 13 (2) South 08 degrees 03 minutes 20 seconds east 135.26 14 feet to an iron pin. 15 (3) North 86 degrees 03 minutes 50 seconds east 396.85 16 feet to an iron pin. 17 (4) South 71 degrees 18 minutes 23 seconds east 110.42 18 feet to a railroad spike. 19 (5) South 23 degrees 18 minutes east 105.00 feet to an 20 iron pin. 21 (6) North 66 degrees 42 minutes east 425.00 feet to an 22 iron pin. 23 (7) North 04 degrees 49 minutes 14 seconds west 216.15 24 feet to an iron pin. 25 (8) North 66 degrees 42 minutes east (crossing an iron 26 pin at the edge of Concord Road) 605.11 feet to a point in 27 the title line in the bed of Concord Road; thence in and 28 along said road north 27 degrees 44 minutes west 245.74 feet 29 to the point and place of beginning. 30 Containing 10.83 acres more or less. 19840H2368B3364 - 2 -
1 Together with the right, liberty and privilege of ingress, 2 egress and regress as and for a roadway 25 feet wide over an 3 existing road to and from East Pleasent Grove Road, the westerly 4 line of which is described from the iron pin at the end of the 5 5th and beginning of the 6th course and distance above defined 6 as following: south 21 degrees 50 minutes 05 seconds east 239.80 7 feet to a bend in the road; thence south 40 degrees 33 minutes 8 07 seconds east 256.50 feet to the north right-of-way line of 9 East Pleasent Grove Road; subject to the obligation of 10 maintenance and repair. Said right, liberty and privilege shall 11 exist only until such time as public sewage services are 12 available to service the above property to be conveyed to 13 Gaudenzia, Inc. 14 Also together with such easements for and access rights to 15 all existing water, sewer and drainage pipes servicing, as well 16 as for and to any replacement pipes necessary to serve, 17 including installation and connection thereof to public lines, 18 the above property and facilities about to be conveyed to 19 Gaudenzia, Inc. Upon conveyance to Gaudenzia, Inc., the owner of 20 the remaining 38.26 acres will permit Gaudenzia, Inc. to 21 continue using the existing water tower for a maximum of six 22 months after the date of conveyance to Gaudenzia, Inc. 23 Also together with an easement and access right to and from 24 the existing sewage treatment plant located south of the above 25 described tract and west of the 25 foot roadway, subject to the 26 obligation of maintenance and repair, said easement and access 27 rights to exist only until such time as public sewage services 28 are available to service the above property to be conveyed to 29 Gaudenzia, Inc. 30 Section 2. Conveyance to Township of Westtown. 19840H2368B3364 - 3 -
1 The Department of General Services is further authorized, 2 with the approval of the Governor and the Department of Health, 3 to convey to the Township of Westtown, Chester County, for a sum 4 of $181,750, which consideration is equal to one-half the fair 5 market value of the land, a tract of land with the improvements 6 thereon situate in Westtown Township, Chester County, 7 Pennsylvania, hereinafter described, subject to the following 8 easements and restrictions: 9 Beginning at the point of intersection of the title line in 10 the bed of East Pleasent Grove Road and the title line in the 11 bed of Concord Road; thence extending along the title line in 12 the bed of East Pleasent Grove Road, the 6 following courses and 13 distances: 14 (1) South 67 degrees 45 minutes west 540.40 feet to a 15 point. 16 (2) South 67 degrees 34 minutes west 314.70 feet to a 17 point. 18 (3) South 53 degrees 49 minutes west 213.27 feet to a 19 point in the bed of a 25-foot-wide easement. 20 (4) Continuing along the title line in the bed of East 21 Pleasent Grove Road south 46 degrees 54 minutes west 419.46 22 feet to a point. 23 (5) South 58 degrees 22 minutes west 281.90 feet to a 24 point. 25 (6) South 55 degrees 21 minutes west 203.90 feet to an 26 existing spike a corner of land of Westtown Woods 27 Development; thence extending along same and lands of 28 Margaret S. Goodwin, north 08 degrees 03 minutes 20 seconds 29 west 2710.45 feet to an existing monument; thence extending 30 along land of Margaret S. Goodwin north 31 degrees 19 minutes 19840H2368B3364 - 4 -
1 east 144.69 feet to a point a corner of lands of J. C. Smith 2 Memorial Home; thence extending along same and partly through 3 the bed of a private drive and partly through a 15-foot-wide 4 easement south 22 degrees 29 minutes 20 seconds east 1466.20 5 feet; 6 thence along the property about to be conveyed to Gaudenzia, 7 Inc., the following 8 courses and distances: 8 (1) South 57 degrees 48 minutes 02 seconds west 446.28 9 feet. 10 (2) South 08 degrees 03 minutes 20 seconds east 135.26 11 feet. 12 (3) North 86 degrees 03 minutes 50 seconds east 396.85 13 feet. 14 (4) South 71 degrees 18 minutes 23 seconds east, 110.42 15 feet. 16 (5) South 23 degrees 18 minutes east 105.00 feet. 17 (6) North 66 degrees 42 minutes east 425.00 feet. 18 (7) North 04 degrees 49 minutes 14 seconds west 216.15 19 feet. 20 (8) North 66 degrees 42 minutes east 605.11 feet to a 21 point in the title line in the bed of Concord Road; 22 thence in and along same the following 2 courses and distances: 23 (1) South 27 degrees 44 minutes east 321.67 feet to a 24 monument. 25 (2) South 27 degrees 02 minutes 30 seconds east 351.97 26 feet to the point and place of beginning. 27 Containing 38.26 acres more or less. 28 Under and subject to an easement for ingress and egress over 29 an existing road to and from East Pleasant Grove Road for the 30 benefit of Gaudenzia, Inc., and its successors in title, until 19840H2368B3364 - 5 -
1 such time as public sewage services are available to service the 2 property about to be conveyed to Guadenzia, Inc. The western 3 line of said easement of a width of 25 feet for access to East 4 Pleasent Grove Road is described as follows: 5 Beginning at an interior point which is measured from the 6 centerline of Concord Road the following 3 courses and 7 distances: south 66 degrees 42 minutes west 605.11 feet, south 8 04 degrees 49 minutes 14 seconds east 216.15 feet and south 66 9 degrees 42 minutes west 425.00 feet to the point of beginning; 10 thence south 21 degrees 50 minutes 05 seconds east 239.80 feet; 11 thence south 40 degrees 33 minutes 07 seconds east 256.50 feet 12 to the north right-of-way line of East Pleasent Grove Road. 13 Also subject to an easement and access right to and from the 14 existing sewage treatment plant until public sewage services are 15 available to service the property about to be conveyed to 16 Gaudenzia, Inc. 17 Subject to easements for and access rights to all existing 18 and future water, sewer and drainage pipes servicing the 19 property and facilities about to be conveyed to Gaudenzia, Inc., 20 the conveyance of the 38.26 acres, hereinabove described, is 21 conditioned upon the right of Gaudenzia, Inc. to continue using 22 the existing water tower for a maximum of 6 months after the 23 date of conveyance to Gaudenzia, Inc. 24 Subject to the restriction, that the hereinabove described 25 property shall not be used for laying out lots or tracts for 26 development and subject to the covenant and condition that no 27 part of the above described 38.26 acres shall be used for 28 building or constructing residences by or under the Township of 29 Westtown, its successors or assigns, which covenant shall run 30 with the land and bind any party in title whether or not 19840H2368B3364 - 6 -
1 subdivided. 2 Section 3. Title source. 3 Tracts 1 and 2 described in sections 1 and 2 are the same 4 premises which the General State Authority, by deed, dated 5 January, 1984 and intended to be recorded, granted and conveyed 6 to the Commonwealth of Pennsylvania in fee, for the use of the 7 Department of Health. 8 Section 4. Utilization and reversion. 9 (a) Tract 1. The conveyance in section 1 shall be subject 10 to the condition that Gaudenzia, Inc. and its successors in 11 title shall not use the described property for any other purpose 12 except for public health and social services rendered to the 13 Commonwealth and to its citizens, and shall not transfer or 14 convey the above property for any other purpose; in the event 15 Gaudenzia, Inc. or a successor in title uses the premises for 16 any other purpose than for public health and social services, or 17 shall transfer or convey the premises for any other purpose, the 18 above property shall immediately revert to the Commonwealth. 19 (b) Tract 2. The deed of conveyance for the lands as 20 described in section 2 shall also contain a clause that the 21 lands conveyed shall be used for open space, agricultural and 22 recreational purposes by the Township of Westtown and if at any 23 time, the said Township of Westtown or its successor in function 24 uses or authorizes or permits said property to be used or 25 conveys said property for any purpose other than open space, 26 agricultural or recreational purposes, the title thereto shall 27 immediately revert to and revest in the Commonwealth of 28 Pennsylvania. 29 Section 5. Costs and fees. 30 Costs and fees relating to the title searches and preparation 19840H2368B3364 - 7 -
1 and recording of deeds and settlement shall be borne by the 2 respective grantees. 3 Section 6. Execution of deeds. 4 The execution and acknowledgments and the deeds of conveyance 5 shall be signed and approved as provided by law. 6 Section 7. Effective date. 7 This act shall take effect immediately. F15L85CHF/19840H2368B3364 - 8 -