HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1195, 1528, 1582         PRINTER'S NO. 2468

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 972 Session of 1983


        INTRODUCED BY HELFRICK, SEPTEMBER 13, 1983

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           NOVEMBER 21, 1984

                                     AN ACT

     1  Amending the act of July 20, 1979 (P.L.177, No.58), entitled "An
     2     act authorizing and directing the Department of General
     3     Services, with the approval of the Department of
     4     Environmental Resources and the Governor, to sell and convey
     5     a certain tract of land, situate in the Township of Mount
     6     Carmel, Northumberland County, Pennsylvania," providing for
     7     relocation of citizens displaced by the Centralia mine fire;   <--
     8     AND AUTHORIZING A CONVEYANCE OF A CERTAIN TRACT OF LAND IN
     9     THE CITY OF PHILADELPHIA TO TEMPLE UNIVERSITY.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     SECTION 1.  THE TITLE OF THE ACT OF JULY 20, 1979 (P.L.177,    <--
    13  NO.58), ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE
    14  DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
    15  DEPARTMENT OF ENVIRONMENTAL RESOURCES AND THE GOVERNOR, TO SELL
    16  AND CONVEY A CERTAIN TRACT OF LAND, SITUATE IN THE TOWNSHIP OF
    17  MOUNT CARMEL, NORTHUMBERLAND COUNTY, PENNSYLVANIA," IS AMENDED
    18  TO READ:
    19                               AN ACT
    20  AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES[,

     1     WITH THE APPROVAL OF THE DEPARTMENT OF ENVIRONMENTAL
     2     RESOURCES AND THE GOVERNOR, TO SELL AND CONVEY A CERTAIN
     3     TRACT OF LAND, SITUATE IN THE TOWNSHIP OF MOUNT CARMEL,
     4     NORTHUMBERLAND COUNTY, PENNSYLVANIA] TO SELL AND CONVEY
     5     CERTAIN TRACTS OF LAND.
     6     Section 1 2.  Section 2 of the act of July 20, 1979 (P.L.177,  <--
     7  No.58), entitled "An act authorizing and directing the
     8  Department of General Services, with the approval of the
     9  Department of Environmental Resources and the Governor, to sell
    10  and convey a certain tract of land, situate in the Township of
    11  Mount Carmel, Northumberland County, Pennsylvania," is amended
    12  to read:
    13     Section 2.  The deed of conveyance shall contain a clause
    14  that the lands conveyed shall be used for public purposes by the
    15  County of Northumberland and if at any time the said County of
    16  Northumberland or its successor in function conveys said
    17  property or authorizes or permits said property to be used for
    18  any purpose other than public purposes, the title thereto shall
    19  immediately revert to and revest in the Commonwealth of
    20  Pennsylvania, but the conveyance or use of the property for
    21  relocation of citizens displaced by the Centralia mine fire, in
    22  the Borough of Centralia, Conyngham Township, Columbia County,    <--
    23  shall not cause a reverter of title to the Commonwealth.
    24  Conveyances of any part of the property for purposes of
    25  relocating citizens displaced by the Centralia mine fire shall
    26  extinguish forever the Commonwealth's possibility of reverter
    27  for those portions of the property so conveyed.
    28     SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:    <--
    29     SECTION 3.1.  THE DEPARTMENT OF GENERAL SERVICES, WITH THE
    30  APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
    19830S0972B2468                  - 2 -

     1  BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO SELL AND CONVEY
     2  TO TEMPLE UNIVERSITY, OF THE COMMONWEALTH SYSTEM OF HIGHER
     3  EDUCATION, FOR A CONSIDERATION EQUAL TO THE GREATER OF THE FAIR
     4  MARKET VALUE, AS DETERMINED BY AN INDEPENDENT APPRAISAL OBTAINED
     5  BY THE DEPARTMENT OF GENERAL SERVICES, OR OF THE COST OF
     6  ACQUISITION INCURRED BY THE COMMONWEALTH THE FOLLOWING TRACT OF
     7  LAND SITUATE IN THE 20TH WARD OF THE CITY OF PHILADELPHIA,
     8  PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
     9     BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE
    10  NORTHERLY SIDE OF MONTGOMERY AVENUE (50 FEET WIDE) AND THE
    11  EASTERLY SIDE OF 12TH STREET (50 FEET WIDE); THENCE EXTENDING
    12  FROM SAID BEGINNING POINT, ALONG THE SAID EASTERLY SIDE OF 12TH
    13  STREET, IN A NORTHERLY DIRECTION, THE DISTANCE OF APPROXIMATELY
    14  280 FEET TO AN EXISTING FENCE; THENCE EXTENDING ALONG THE SAID
    15  FENCE, IN AN EASTERLY DIRECTION, THE DISTANCE OF 396 FEET TO A
    16  POINT ON THE WESTERLY SIDE OF 11TH STREET (50 FEET WIDE); THENCE
    17  EXTENDING ALONG THE WESTERLY SIDE OF 11TH STREET, IN A SOUTHERLY
    18  DIRECTION, THE DISTANCE OF APPROXIMATELY 280 FEET TO THE
    19  NORTHERLY SIDE OF MONTGOMERY AVENUE AFORESAID; THENCE EXTENDING
    20  ALONG THE SAID NORTHERLY SIDE OF MONTGOMERY AVENUE, IN A
    21  WESTERLY DIRECTION, THE DISTANCE OF 396 FEET TO THE EASTERLY
    22  SIDE OF 11TH STREET AND THE FIRST MENTIONED POINT AND PLACE OF
    23  BEGINNING.
    24     THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL TITLE
    25  RESTRICTIONS OF RECORD AT THE TIME OF THE ENACTMENT OF THIS ACT.
    26     A PURCHASE PRICE EQUAL TO THE GREATER OF THE FAIR MARKET
    27  VALUE OR THE COST OF ACQUISITION INCURRED BY THE COMMONWEALTH
    28  SHALL BE PAID TO THE COMMONWEALTH AT TIME OF SETTLEMENT AND
    29  SHALL BE UTILIZED TO RETIRE ANY OUTSTANDING BONDS ISSUED FOR THE
    30  ACQUISITION OF THIS PROPERTY.
    19830S0972B2468                  - 3 -

     1     THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY LAW
     2  AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN
     3  THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA AND AS EXECUTIVE
     4  DIRECTOR OF THE GENERAL STATE AUTHORITY.
     5     COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE BORNE
     6  BY THE GRANTEE.
     7     Section 2.  This act shall take effect in 60 days.             <--
     8     SECTION 4.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.            <--















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