SENATE AMENDED
PRIOR PRINTER'S NOS. 206, 1340, 3026, PRINTER'S NO. 3643
3497, 3584
No. 188 Session of 1987
INTRODUCED BY SCHEETZ, MORRIS, KUKOVICH, FOSTER, ROBBINS,
CLYMER, SCHULER, DORR, HALUSKA, HERMAN, BELFANTI, GEIST,
D. W. SNYDER, WOGAN, BUNT, JACKSON, BATTISTO, J. TAYLOR,
HERSHEY, BARLEY, MERRY, CARLSON, FARGO, LANGTRY, BOWSER,
JOHNSON, CHADWICK, DISTLER, HONAMAN, MOEHLMANN, FISCHER,
SIRIANNI, E. Z. TAYLOR, BURD, TRUMAN, WOZNIAK, NOYE, PETRONE
AND ITKIN, FEBRUARY 3, 1987
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 6, 1988
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," REQUIRING THE AUDITOR <--
21 GENERAL TO PERIODICALLY AUDIT THE AFFAIRS OF THE PENNSYLVANIA
22 TURNPIKE COMMISSION; further providing for powers and duties
23 of the Department of Agriculture RELATIVE TO THE MANUFACTURE <--
24 AND USE OF ETHYL ALCOHOL AND THE TRANSPORTATION OF POULTRY,
25 AND FOR LEASES OF LANDS AND OFFICES BY NONPROFIT CORPORATIONS
26 TO THE COMMONWEALTH; MAKING AN EDITORIAL CHANGE; PROVIDING
27 FOR THE EXEMPTION FROM TAXES OF THE LEASE UPON THE EASTERN
1 PENNSYLVANIA PSYCHIATRIC INSTITUTE; AUTHORIZING AND DIRECTING
2 THE GENERAL STATE AUTHORITY AND THE DEPARTMENT OF GENERAL
3 SERVICES TO REMOVE ALL RESTRICTIONS OR ENCUMBRANCES ON
4 CERTAIN LAND SITUATE IN PHILADELPHIA; ESTABLISHING THE
5 HARDWOODS COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES;
6 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
7 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
8 ENVIRONMENTAL RESOURCES, TO CONVEY CERTAIN EASEMENTS AND
9 PARCELS OF LAND SITUATE IN THE BOROUGH OF NEW HOPE, BUCKS
10 COUNTY, PENNSYLVANIA, TO THE RIVER ROAD DEVELOPMENT
11 CORPORATION, AND TO ACCEPT THE CONVEYANCE TO THE COMMONWEALTH
12 OF CERTAIN PARCELS OF LAND IN THE SAME BOROUGH; AUTHORIZING
13 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ACCEPT THE
14 CONVEYANCE OF AN EASEMENT IN THE SAME BOROUGH; AUTHORIZING <--
15 AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
16 APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY A TRACT OF LAND
17 SITUATE IN EAST ALLEN TOWNSHIP, NORTHAMPTON COUNTY,
18 PENNSYLVANIA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF
19 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
20 SECRETARY OF ENVIRONMENTAL RESOURCES, TO SELL AND CONVEY A
21 CERTAIN PARCEL OF LAND IN ERIE COUNTY, PENNSYLVANIA;
22 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
23 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
24 TRANSPORTATION, TO CONVEY TO THE COUNTY COMMISSIONERS OF
25 LACKAWANNA COUNTY A TRACT OF LAND SITUATE IN THE BOROUGH OF
26 MOOSIC, LACKAWANNA COUNTY, PENNSYLVANIA; AUTHORIZING AND
27 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
28 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC
29 WELFARE, TO CONVEY TO KIRWAN HEIGHTS VOLUNTEER FIRE
30 DEPARTMENT A TRACT OF LAND SITUATE IN COLLIER TOWNSHIP,
31 ALLEGHENY COUNTY, PENNSYLVANIA; AUTHORIZING AND DIRECTING THE
32 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
33 GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE, TO CONVEY A
34 TRACT OF LAND SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY
35 COUNTY, PENNSYLVANIA; and making a repeal.
36 The General Assembly of the Commonwealth of Pennsylvania
37 hereby enacts as follows:
38 SECTION 1. SECTION 706 OF THE ACT OF APRIL 9, 1929 (P.L.177, <--
39 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED TO
40 READ:
41 SECTION 706. AUDITOR GENERAL.--(A) THE AUDITOR GENERAL
42 SHALL EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS MAY NOW OR
43 HEREAFTER BE VESTED IN AND IMPOSED UPON HIM BY THE CONSTITUTION
44 AND THE LAWS OF THIS COMMONWEALTH.
45 (B) IN ADDITION TO ANY OTHER DUTIES IMPOSED BY LAW, THE
46 AUDITOR GENERAL SHALL, ON A QUADRENNIAL BASIS, CONDUCT A
47 FINANCIAL AUDIT AND A COMPLIANCE AUDIT OF THE AFFAIRS AND
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1 ACTIVITIES OF THE PENNSYLVANIA TURNPIKE COMMISSION.
2 (C) THE AUDITOR GENERAL SHALL SUBMIT TO THE CHAIRPERSONS OF
3 THE SENATE COMMITTEE ON TRANSPORTATION AND THE HOUSE OF
4 REPRESENTATIVES COMMITTEE ON TRANSPORTATION COPIES OF THE
5 COMPLETED QUADRENNIAL AUDITS OF THE PENNSYLVANIA TURNPIKE
6 COMMISSION.
7 (D) ALL COST INCURRED BY THE AUDITOR GENERAL IN THE
8 PERFORMANCE OF THE QUADRENNIAL AUDITS OF THE PENNSYLVANIA
9 TURNPIKE COMMISSION SHALL BE PAID BY THE PENNSYLVANIA TURNPIKE
10 COMMISSION.
11 Section 1 2. The act of April 9, 1929 (P.L.177, No.175), <--
12 known as The Administrative Code of 1929, is amended by adding a <--
13 section SECTIONS to read: <--
14 Section 1712. On-Farm Produced Denatured Ethyl Alcohol.--The
15 Department of Agriculture shall have the power, and its duty
16 shall be:
17 (a) To encourage and promote the manufacture and use of
18 Pennsylvania agricultural product-derived denatured ethyl
19 alcohol;
20 (b) To regulate the manufacture, use and sale of on-farm
21 produced denatured ethyl alcohol;
22 (c) To establish a licensing system for denatured ethyl
23 alcohol on-farm producers and to enforce such system so as to
24 prevent fraud and deception in the licensing process;
25 (d) To collect a fee from denatured ethyl alcohol on-farm
26 producers at a minimum of twenty-five dollars ($25), with a
27 sliding scale fee schedule based upon volume produced;
28 (e) To make such rules and regulations as shall be deemed
29 necessary for enforcement of the laws of this Commonwealth
30 relating to denatured ethyl alcohol and denatured ethyl alcohol
19870H0188B3643 - 3 -
1 on-farm producers;
2 (f) To provide for the inspection of denatured ethyl alcohol
3 on-farm production facilities in order to ensure compliance with
4 the law;
5 (g) To gather and make available information concerning the
6 supply, demand, prevailing prices and applicable use of
7 denatured ethyl alcohol and its by-products;
8 (h) To secure, in the performance of the duties herein
9 prescribed, the cooperation and assistance of other appropriate
10 agencies.
11 SECTION 1713. LICENSING OF POULTRY DEALERS AND <--
12 TRANSPORTERS.--(A) AFTER DECEMBER 31 OF THE YEAR IN WHICH THIS
13 SECTION TAKES EFFECT, IT SHALL BE UNLAWFUL FOR ANY PERSON,
14 WHETHER OR NOT CONTRACTED BY ANOTHER PARTY, INCLUDING, BUT NOT
15 LIMITED TO, THE OWNERS OR LESSEES OF EACH CONVEYANCE, TO ENGAGE
16 IN THE BUSINESS OF TRANSPORTATION OF POULTRY INTO, WITHIN OR
17 FROM THIS COMMONWEALTH, UNLESS HE SHALL HOLD A LICENSE ISSUED BY
18 THE DEPARTMENT FOR EACH CONVEYANCE AS PROVIDED IN THIS SECTION.
19 (B) IT SHALL BE UNLAWFUL, AFTER DECEMBER 31 OF THE YEAR IN
20 WHICH THIS SECTION TAKES EFFECT, FOR ANY POULTRY DEALER TO
21 ENGAGE IN BUSINESS TRANSACTIONS WITHIN THIS COMMONWEALTH, UNLESS
22 HE SHALL HOLD A LICENSE ISSUED BY THE DEPARTMENT AS PROVIDED IN
23 THIS SECTION.
24 (C) EVERY PERSON REQUIRED TO HOLD A LICENSE AS PROVIDED FOR
25 IN SUBSECTIONS (A) AND (B) SHALL ANNUALLY, ON OR BEFORE DECEMBER
26 31, FILE AN APPLICATION FOR A LICENSE WITH THE DEPARTMENT. THE
27 APPLICATION SHALL BE ON A FORM FURNISHED BY THE DEPARTMENT AND
28 SHALL CONTAIN ANY INFORMATION AS THE DEPARTMENT MAY REQUIRE.
29 (D) UNLESS THE DEPARTMENT REFUSES THE APPLICATION ON ONE OR
30 MORE GROUNDS AS PROVIDED IN THIS SECTION, IT SHALL ISSUE TO AN
19870H0188B3643 - 4 -
1 APPLICANT, UPON THE PAYMENT OF PROPER FEES, A LICENSE ENTITLING
2 THE APPLICANT TO CONDUCT TRANSPORTATION OF POULTRY OR TO ACT AS
3 A DEALER IN POULTRY UNTIL DECEMBER 31 OF THE YEAR NEXT
4 FOLLOWING. THE FEE FOR EACH LICENSE SHALL BE $25 FOR EACH
5 DEALER'S LICENSE ISSUED AND $25 FOR EACH VEHICLE USED FOR
6 PURPOSES OF TRANSPORTING POULTRY.
7 (E) EVERY OWNER OR LESSEE OF A CONVEYANCE USED TO HAUL
8 POULTRY SHALL KEEP A RECORD FOR AT LEAST ONE YEAR OF ALL
9 PREMISES WHERE RECEIPT OR DELIVERY OF POULTRY WAS MADE; THE
10 QUANTITY, TYPE AND SPECIES OF POULTRY RECEIVED OR DELIVERED; THE
11 DATE RECEIVED OR DELIVERED; AND ANY OTHER INFORMATION WHICH THE
12 DEPARTMENT BY REGULATION SHALL REQUIRE.
13 (F) EVERY DEALER OF POULTRY SHALL KEEP A RECORD FOR AT LEAST
14 ONE YEAR OF ALL TRANSACTIONS CONDUCTED, INCLUDING NAME AND
15 ADDRESS OF EACH BUYER AND SELLER; THE QUANTITY AND DESCRIPTION
16 OF GOODS PURCHASED OR SOLD; THE DATE OF EACH TRANSACTION; THE
17 NATURE OR CONDITION OF GOODS TRANSACTED; AND ANY OTHER
18 INFORMATION WHICH THE DEPARTMENT BY REGULATION SHALL REQUIRE.
19 (G) THE DEPARTMENT MAY REFUSE TO GRANT A LICENSE OR MAY
20 SUSPEND OR REVOKE A LICENSE ALREADY GRANTED UNDER THIS SECTION
21 IF IT IS SATISFIED THAT THE APPLICANT OR LICENSEE HAS:
22 (1) FAILED TO MAINTAIN ADEQUATE RECORDS OF POULTRY HAULAGE
23 OR TRANSACTIONS OR OTHER INFORMATION REQUIRED UNDER THIS SECTION
24 OR REGULATIONS ISSUED PURSUANT THERETO.
25 (2) FAILED TO MEET THE MINIMUM STANDARDS OF SANITATION FOR
26 CONVEYANCES AND ACCESSORIES USED FOR TRANSPORTING POULTRY IN
27 ACCORDANCE WITH REGULATIONS ADOPTED BY THE DEPARTMENT.
28 (3) MADE ANY FALSE STATEMENT OR STATEMENTS OR KEPT ANY FALSE
29 RECORDS RELATIVE TO THE DESTINATION, DATES OF VISIT, QUANTITY
30 AND CONDITION OF BIRDS RECEIVED OR DELIVERED, OR ANY OTHER
19870H0188B3643 - 5 -
1 INFORMATION REQUIRED UNDER THIS SECTION OR REGULATIONS OF THE
2 DEPARTMENT.
3 (4) MADE ANY FALSE STATEMENT IN THE APPLICATION FOR OR
4 ATTEMPT TO PROCURE ANY LICENSE PERMITTED TO BE ISSUED UNDER THIS
5 SECTION.
6 (H) (1) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
7 SECTION, THE DEPARTMENT SHALL PROMULGATE AND PUBLISH REGULATIONS
8 FOR STANDARDS OF RECORDKEEPING, CLEANLINESS AND OPERATION FOR
9 ALL DEALER PREMISES AND CONVEYANCES USED IN THE TRANSPORTATION
10 OF POULTRY AND FOR ALL CRATES, COOPS, CAGES OR OTHER
11 ACCESSORIES, WHETHER OR NOT CONSTRUCTED OF PERMEABLE MATERIAL,
12 USED ON DEALER PREMISES AND CONVEYANCES FOR POULTRY
13 TRANSPORTATION OR STORAGE.
14 (2) THE DEPARTMENT SHALL CONDUCT PERIODIC INSPECTIONS OF
15 DEALER PREMISES AND CONVEYANCES AND ACCESSORIES USED IN HAULING
16 OR STORING POULTRY AND ASCERTAIN THAT SANITATION REQUIREMENTS
17 ARE BEING FULFILLED.
18 (I) (1) BEFORE THE DEPARTMENT SHALL REFUSE, SUSPEND OR
19 REVOKE ANY LICENSE, IT SHALL CONDUCT A HEARING ON THE MATTER AND
20 SHALL NOTIFY THE APPLICANT OR LICENSEE, IN WRITING, WITHIN FIVE
21 DAYS OF ITS DETERMINATION.
22 (2) HEARINGS UNDER THIS SECTION AND APPEALS FROM DECISIONS
23 OF THE DEPARTMENT SHALL BE CONDUCTED IN THE MANNER PROVIDED IN
24 TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
25 ADMINISTRATIVE LAW AND PROCEDURE) AND BY THE RULES OF APPELLATE
26 PROCEDURE.
27 (J) ANY OWNER OR LESSEE OF A CONVEYANCE OR ANY POULTRY
28 DEALER WHO VIOLATES THE PROVISIONS OF SUBSECTION (A) OR (B) OR
29 INTERFERES WITH AN AGENT OF THE DEPARTMENT IN THE ENFORCEMENT OF
30 THIS SECTION:
19870H0188B3643 - 6 -
1 (1) FOR A FIRST OFFENSE, COMMITS A SUMMARY OFFENSE AND
2 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS
3 THAN $100 NOR MORE THAN $300 AND COSTS OF PROSECUTION.
4 (2) FOR A SUBSEQUENT OFFENSE, COMMITS A MISDEMEANOR OF THE
5 THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
6 FINE OF NOT LESS THAN $500 NOR MORE THAN $2,500 OR TO
7 IMPRISONMENT NOT EXCEEDING ONE YEAR OR BOTH.
8 (K) THE ATTORNEY GENERAL, AT THE REQUEST OF THE DEPARTMENT,
9 MAY, IN THE NAME OF THE COMMONWEALTH, INSTITUTE PROCEEDINGS IN
10 EQUITY IN THE COMMONWEALTH COURT FOR THE PURPOSE OF ENJOINING
11 THE CONDUCT OF BUSINESS IN THIS COMMONWEALTH CONTRARY TO THE
12 PROVISIONS OF THIS SECTION.
13 (L) THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
14 PROMULGATE AND ENFORCE THE RULES AND REGULATIONS DEEMED
15 NECESSARY TO CARRY OUT THIS SECTION.
16 (M) ALL MONEYS RECEIVED FROM LICENSE FEES AND FINES
17 COLLECTED UNDER THIS SECTION SHALL BE IMMEDIATELY PAID BY THE
18 DEPARTMENT INTO THE STATE TREASURY AND CREDITED TO A RESTRICTED
19 RECEIPTS ACCOUNT, TO BE KNOWN AS THE POULTRY INSPECTION ACCOUNT,
20 TO BE USED FOR PAYMENT OF COSTS TO ISSUE LICENSES AND PROVIDE
21 FOR INSPECTIONS PURSUANT TO SECTION 4 THIS SECTION. ALL MONEYS <--
22 IN THIS ACCOUNT ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A
23 CONTINUING BASIS FOR THIS PURPOSE.
24 (N) AS USED IN THIS SECTION:
25 "CONVEYANCE," MEANS ANY AUTOMOBILE, TRUCK, TRAILER, WAGON OR
26 OTHER VEHICLE USED IN THE TRANSPORTATION OF LIVE POULTRY ON
27 PUBLIC HIGHWAYS OF THIS COMMONWEALTH. THE TERM SHALL NOT INCLUDE
28 ANY VEHICLE USED BY A PRODUCER EXCLUSIVELY ON A FARM OR ON
29 CONTIGUOUS FARMS OPERATED AS PART OF A SINGLE AGRICULTURAL
30 OPERATION.
19870H0188B3643 - 7 -
1 "DEALER" OR "POULTRY DEALER," MEANS ANY PERSON ENGAGED IN THE
2 BUSINESS OF BUYING, RECEIVING, SELLING, EXCHANGING, NEGOTIATING
3 OR SOLICITING THE SALE, RESALE, EXCHANGE OR TRANSFER OF LIVE
4 POULTRY. THE TERM DOES NOT INCLUDE ANY POULTRY PRODUCER OR ANY
5 BUTCHER OR PROCESSOR WHO RECEIVES LIVE POULTRY SOLELY FOR
6 IMMEDIATE SLAUGHTER.
7 "DEPARTMENT," MEANS THE DEPARTMENT OF AGRICULTURE OF THE
8 COMMONWEALTH.
9 "PERSON," MEANS A NATURAL PERSON, CORPORATION, PARTNERSHIP OR
10 ASSOCIATION.
11 "POULTRY," MEANS ANY CHICKENS, DUCKS, GEESE, TURKEYS,
12 PIGEONS, CHUKARS, GUINEAS, EXOTIC FOWL AND GAME BIRDS RAISED IN
13 CAPTIVITY.
14 "PRODUCER" OR "POULTRY PRODUCER," MEANS ANY PERSON ENGAGED IN
15 THE BUSINESS OF GROWING OR KEEPING POULTRY FOR MARKET. THIS TERM
16 SHALL NOT INCLUDE A PERSON WHO, BY CONTRACT, EMPLOYS ANOTHER
17 PERSON TO EXCLUSIVELY PERFORM THE ACTUAL BREEDING, GROWING OR
18 RAISING ACTIVITIES RELATING TO THE POULTRY, REGARDLESS OF
19 WHETHER OR NOT SUCH EMPLOYER HAS TITLE IN THE POULTRY.
20 "SECRETARY," MEANS THE SECRETARY OF AGRICULTURE OF THE
21 COMMONWEALTH.
22 SECTION 3. SECTION 2402(D) OF THE ACT, AMENDED JUNE 21, 1937
23 (P.L.1865, NO.373), IS AMENDED TO READ:
24 SECTION 2402. GROUNDS, BUILDINGS AND MONUMENTS IN GENERAL.--
25 THE DEPARTMENT OF GENERAL SERVICES SHALL HAVE THE POWER, AND ITS
26 DUTY SHALL BE:
27 * * *
28 (D) TO CONTRACT IN WRITING FOR AND RENT PROPER AND ADEQUATE
29 OFFICES, ROOMS, OR OTHER ACCOMMODATIONS, OUTSIDE OF THE CAPITOL
30 BUILDINGS, FOR ANY DEPARTMENT, BOARD, OR COMMISSION, WHICH
19870H0188B3643 - 8 -
1 CANNOT BE PROPERLY AND ADEQUATELY ACCOMMODATED WITH OFFICES,
2 ROOMS, AND ACCOMMODATIONS IN THE CAPITOL BUILDINGS; AND, IN ALL
3 CASES IN WHICH THE HEAD OF A DEPARTMENT, FOR SUCH DEPARTMENT OR
4 FOR A DEPARTMENTAL ADMINISTRATIVE BOARD OR COMMISSION WITHIN
5 SUCH DEPARTMENT, OR AN INDEPENDENT ADMINISTRATIVE BOARD OR
6 COMMISSION, WITH THE APPROVAL OF THE EXECUTIVE BOARD, HAS
7 ESTABLISHED OR IS ABOUT TO ESTABLISH A BRANCH OFFICE IN ANY CITY
8 OR PLACE OUTSIDE OF THE CAPITAL CITY, WITH THE APPROVAL OF THE
9 BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS, TO
10 CONTRACT IN WRITING FOR AND RENT SUCH OFFICES, ROOMS, AND OTHER
11 ACCOMMODATIONS, AS SHALL BE PROPER AND ADEQUATE FOR SUCH
12 DEPARTMENT, BOARD, OR COMMISSION. THE DEPARTMENT SHALL RENT SUCH
13 GARAGES OR CONTRACT FOR SUCH GARAGE SPACE AS MAY BE NECESSARY
14 FOR THE ACCOMMODATION OF STATE-OWNED AUTOMOBILES, EITHER IN OR
15 OUTSIDE OF THE CAPITAL CITY, AT SUCH RENTALS OR RATES AS IT
16 SHALL DEEM REASONABLE. THE DEPARTMENT MAY ALSO, IF THE GENERAL
17 ASSEMBLY SHALL HAVE APPROPRIATED FUNDS THEREFOR, LEASE ANY LANDS
18 WHICH MAY BE NECESSARY FOR USE BY ANY DEPARTMENT, BOARD, OR
19 COMMISSION IN THE EXERCISE OF ITS POWERS OR THE PERFORMANCE OF
20 ITS DUTIES. IT SHALL BE UNLAWFUL FOR ANY OTHER DEPARTMENT,
21 BOARD, COMMISSION, OR AGENCY OF THE STATE GOVERNMENT TO ENTER
22 INTO ANY LEASES, BUT THE DEPARTMENT OF [PROPERTY AND SUPPLIES]
23 GENERAL SERVICES SHALL ACT ONLY AS AGENT IN EXECUTING LEASES FOR
24 DEPARTMENTS, BOARDS, AND COMMISSIONS, THE EXPENSES OF WHICH ARE
25 PAID WHOLLY OR MAINLY OUT OF SPECIAL FUNDS, AND, IN SUCH CASES,
26 THE RENTALS SHALL BE PAID OUT OF SUCH SPECIAL FUNDS. ANY
27 NONPROFIT CORPORATION WHICH LEASES LANDS, OFFICES OR
28 ACCOMMODATIONS TO THE COMMONWEALTH FOR ANY DEPARTMENT, BOARD,
29 COMMISSION OR AGENCY SHALL BE DEEMED AN AGENCY AS DEFINED BY THE
30 ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE
19870H0188B3643 - 9 -
1 ACT," AND THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED
2 TO AS THE RIGHT-TO-KNOW LAW, AND ANY SUCH NONPROFIT CORPORATION
3 SHALL BE SUBJECT TO AND GOVERNED BY THE PROVISIONS OF THE
4 "SUNSHINE ACT" AND THE RIGHT-TO-KNOW LAW.
5 * * *
6 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS AND AN
7 ARTICLE TO READ:
8 SECTION 2418.1. EXEMPTION FROM TAXATION.--THE LEASE
9 AUTHORIZED BY SECTION 2418 SHALL BE EXEMPT FROM TAXES, IMPOSTS
10 OR OTHER FEES AND COSTS TO THE EXTENT THAT SUCH TAXES, IMPOSTS
11 OR FEES AND COSTS ARE IMPOSED BY A TAXING AUTHORITY.
12 SECTION 2419. RETIREMENT OF CERTAIN DEBT.--(A) THE GENERAL
13 STATE AUTHORITY SHALL RETIRE, AS SOON AS THE GOVERNOR'S BUDGET
14 OFFICE CERTIFIES THAT FUNDS TO DO SO ARE AVAILABLE FROM THE
15 COMMONWEALTH'S APPROPRIATION FOR DEBT SERVICE IN THE GENERAL
16 FUND BUDGET, THE EXISTING PRINCIPAL DEBT OUTSTANDING ON GENERAL
17 STATE AUTHORITY BONDS WHICH FUNDED CERTAIN FORMER COMMONWEALTH
18 PROJECTS ON PROPERTY DESCRIBED IN SUBSECTION (C).
19 (B) THE PAYMENT DIRECTED IN SUBSECTION (A) SHALL BE DEEMED
20 TO SATISFY THE RESTRICTION CONTAINED IN SECTION 6 OF THE ACT OF
21 DECEMBER 22, 1975 (P.L.606, NO.175), ENTITLED "AN ACT
22 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, OR
23 SUCH DEPARTMENT AND THE GENERAL STATE AUTHORITY, TO CONVEY TO
24 PHILADELPHIA OR TRANSFER JURISDICTION WITHIN THE STATE
25 GOVERNMENT OF CERTAIN TRACTS OF COMMONWEALTH REAL PROPERTY
26 ACQUIRED UNDER THE ACT OF SEPTEMBER 29, 1938 (SP. SESS., P.L.53,
27 NO.21), ENTITLED, AS AMENDED, 'AN ACT RELATING TO INSTITUTIONS
28 OF COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION
29 DISTRICTS AND OTHER POLITICAL SUBDIVISIONS, FOR THE CARE,
30 MAINTENANCE, AND TREATMENT OF MENTAL PATIENTS; PROVIDING FOR THE
19870H0188B3643 - 10 -
1 TRANSFER TO THE COMMONWEALTH FOR THE CARE, MAINTENANCE AND
2 TREATMENT OF MENTAL PATIENTS OF SUCH INSTITUTIONS, AND ALL
3 GROUNDS, LANDS, BUILDINGS AND PERSONAL PROPERTY OF SUCH
4 POLITICAL SUBDIVISIONS USED FOR THE CARE AND MAINTENANCE OF
5 INDIGENT PERSONS CONNECTED WITH SUCH MENTAL INSTITUTIONS;
6 PROVIDING FOR THE MANAGEMENT AND OPERATION OR CLOSING AND
7 ABANDONMENT THEREOF; AND THE MAINTENANCE OF MENTAL PATIENTS
8 THEREIN; INCLUDING THE COLLECTION OF MAINTENANCE IN CERTAIN
9 CASES; PROVIDING FOR THE RETRANSFER OF CERTAIN PROPERTY TO
10 COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION
11 DISTRICTS AND OTHER POLITICAL SUBDIVISIONS UNDER CERTAIN
12 CIRCUMSTANCES; CONFERRING AND IMPOSING UPON THE GOVERNOR, THE
13 DEPARTMENT OF WELFARE, THE COURTS OF COMMON PLEAS AND COUNTIES,
14 CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION DISTRICTS AND
15 OTHER POLITICAL SUBDIVISIONS CERTAIN POWERS AND DUTIES;
16 PROHIBITING CITIES, COUNTIES, WARDS, BOROUGHS, TOWNSHIPS,
17 INSTITUTION DISTRICTS AND OTHER POLITICAL SUBDIVISIONS FROM
18 MAINTAINING AND OPERATING INSTITUTIONS, IN WHOLE OR IN PART, FOR
19 THE CARE AND TREATMENT OF MENTAL PATIENTS; AND REPEALING
20 INCONSISTENT LAWS,' IMPOSING POWERS AND DUTIES ON THE DEPARTMENT
21 OF ENVIRONMENTAL RESOURCES IN CONNECTION WITH ONE SUCH TRACT,
22 AND PROVIDING FOR USE OF LAND CONVEYED TO THE CITY OF
23 PHILADELPHIA."
24 (C) THE DEPARTMENT OF GENERAL SERVICES AND THE GENERAL STATE
25 AUTHORITY SHALL CONVEY TO THE CITY OF PHILADELPHIA ANY REMAINING
26 INTEREST THE COMMONWEALTH MAY HAVE IN THE PROPERTY CONVEYED BY
27 THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE DEPARTMENT OF
28 GENERAL SERVICES, TO THE CITY OF PHILADELPHIA BY DEED DATED
29 NOVEMBER 15, 1983, RECORDED IN THE OFFICE OF THE RECORDER OF
30 DEEDS OF PHILADELPHIA AT DEED BOOK ALO VOL. 120, PAGE 405, WHICH
19870H0188B3643 - 11 -
1 CONVEYANCE WAS SUBJECT TO THE RESTRICTION REFERENCED IN
2 SUBSECTION (B).
3 (D) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
4 COMMONWEALTH WILL FUND THE DEMOLITION OF ABANDONED BUILDINGS
5 FORMERLY ERECTED AND MAINTAINED BY THE COMMONWEALTH, WHICH
6 BUILDINGS ARE LOCATED ON THE PROPERTY DESCRIBED IN THIS SECTION,
7 THROUGH EXISTING COMMONWEALTH GRANT PROGRAMS.
8 ARTICLE XXVIII-D
9 HARDWOODS COUNCIL
10 SECTION 2801-D. DECLARATION OF POLICY.--THE GENERAL ASSEMBLY
11 FINDS AND DECLARES AS FOLLOWS:
12 (1) THE HARDWOOD FOREST INDUSTRY PLAYS A KEY ROLE IN THE
13 CONTINUING ECONOMIC REVITALIZATION OF THIS COMMONWEALTH.
14 (2) FIFTY-FIVE PERCENT OF THE LAND IN THIS COMMONWEALTH IS
15 CLASSIFIED AS COMMERCIAL FOREST LAND. THIS REPRESENTS
16 APPROXIMATELY 16,000,000 ACRES OF TIMBER RESOURCES, WHICH ARE
17 CAPABLE OF PROVIDING ESSENTIAL RAW MATERIALS FOR AN ECONOMICALLY
18 SOUND AND EXPANDING FOREST INDUSTRY.
19 (3) THIS COMMONWEALTH IS UNIQUELY ENDOWED WITH AN ABUNDANCE
20 OF TIMBER RESOURCES. THIS HERITAGE, UTILIZING PROPER MULTIUSE
21 MANAGEMENT BY PROFESSIONAL FORESTERS AND PRIVATE INTERESTS, WILL
22 PROVIDE A VITAL SOURCE OF RAW MATERIALS AND JOBS FOR PRESENT AND
23 FUTURE GENERATIONS. HOWEVER, THE COMMONWEALTH HAS NOT MADE THE
24 MOST OF THIS UNIQUE OPPORTUNITY. MOST OF THE MARKETABLE
25 HARDWOODS ARE BEING SHIPPED OUTSIDE THIS COMMONWEALTH AND OUT OF
26 THE COUNTRY, WHERE THEY ARE TRANSFORMED INTO VALUE-ADDED
27 HARDWOOD PRODUCTS, INSTEAD OF BEING PROCESSED IN THIS
28 COMMONWEALTH.
29 (4) THE COMMONWEALTH, IN AN EFFORT TO PROMOTE ECONOMIC
30 DEVELOPMENT, SHOULD TAKE THE INITIATIVE BY ENCOURAGING THE
19870H0188B3643 - 12 -
1 HARDWOOD INDUSTRY TO FURTHER DEVELOP THE SECONDARY MANUFACTURING
2 PROCESS OF HARDWOOD. THIS WILL MAKE FULL USE OF THE VALUABLE AND
3 RENEWABLE TIMBER RESOURCE AND CREATE VITAL JOBS.
4 (5) IT IS THE POLICY OF THE COMMONWEALTH TO ESTABLISH THE
5 COUNCIL FOR THE PURPOSE OF EXPANDING AND PROMOTING THE
6 DEVELOPMENT AND EFFICIENT USAGE OF HARDWOOD TIMBER RESOURCES
7 LOCATED IN THIS COMMONWEALTH.
8 SECTION 2802-D. DEFINITIONS.--THE FOLLOWING WORDS AND
9 PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN
10 TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES
11 OTHERWISE:
12 "COUNCIL" MEANS THE HARDWOODS COUNCIL OF THE COMMONWEALTH
13 ESTABLISHED UNDER SECTION 2803-D.
14 "DEPARTMENT" MEANS THE DEPARTMENT OF COMMERCE OF THE
15 COMMONWEALTH.
16 SECTION 2803-D. COUNCIL.--(A) THE HARDWOODS COUNCIL IS
17 ESTABLISHED WITHIN THE DEPARTMENT. THE COUNCIL SHALL BE COMPOSED
18 OF TWENTY-ONE MEMBERS:
19 (1) FOUR MEMBERS:
20 (I) THE SECRETARY OF AGRICULTURE.
21 (II) THE SECRETARY OF COMMERCE.
22 (III) THE SECRETARY OF ENVIRONMENTAL RESOURCES.
23 (IV) THE STATE FORESTER.
24 (2) FOUR LEGISLATIVE MEMBERS:
25 (I) TWO SENATORS, ONE APPOINTED BY THE PRESIDENT PRO TEMPORE
26 OF THE SENATE AND ONE APPOINTED BY THE MINORITY LEADER OF THE
27 SENATE.
28 (II) TWO REPRESENTATIVES, ONE APPOINTED BY THE SPEAKER OF
29 THE HOUSE OF REPRESENTATIVES AND ONE APPOINTED BY THE MINORITY
30 LEADER OF THE HOUSE OF REPRESENTATIVES.
19870H0188B3643 - 13 -
1 (3) THIRTEEN PUBLIC MEMBERS APPOINTED BY THE GOVERNOR:
2 (I) ONE REPRESENTATIVE OF AN AGRICULTURAL COLLEGE FROM A
3 STATE-RELATED UNIVERSITY.
4 (II) ONE REPRESENTATIVE OF THE FOREST SERVICE OF THE FEDERAL
5 DEPARTMENT OF AGRICULTURE.
6 (III) ONE REPRESENTATIVE OF FURNITURE MANUFACTURERS.
7 (IV) ONE REPRESENTATIVE OF VENEER MANUFACTURERS
8 (V) TWO REPRESENTATIVES OF HARDWOOD PROCESSORS.
9 (VI) TWO REPRESENTATIVES OF NONPROFIT CORPORATIONS WHICH
10 HAVE THE PURPOSE TO PROMOTE AND ENHANCE THE HARDWOOD INDUSTRY IN
11 THIS COMMONWEALTH.
12 (VII) ONE REPRESENTATIVE OF THE PENNSYLVANIA CHAMBER OF
13 BUSINESS AND INDUSTRY.
14 (VIII) ONE REPRESENTATIVE OF THE PENNSYLVANIA FORESTRY
15 ASSOCIATION.
16 (IX) ONE REPRESENTATIVE OF THE PENNSYLVANIA HARDWOOD LUMBER
17 MANUFACTURING ASSOCIATION.
18 (X) ONE REPRESENTATIVE OF PULP AND PAPER MANUFACTURERS.
19 (XI) ONE REPRESENTATIVE OF THE SAW MILL OPERATORS
20 (B) (1) MEMBERS UNDER SUBSECTION (A)(1) SHALL SERVE AS LONG
21 AS THEY ARE IN OFFICE.
22 (2) LEGISLATIVE MEMBERS UNDER SUBSECTION (A)(2) SHALL SERVE
23 TERMS OF TWO YEARS.
24 (3) PUBLIC MEMBERS UNDER SUBSECTION (A)(3) SHALL SERVE THE
25 FOLLOWING TERMS:
26 (I) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(VI) THROUGH (IX)
27 SHALL SERVE TERMS OF TWO YEARS.
28 (II) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(III) THROUGH
29 (V), (X) AND (XI) SHALL SERVE TERMS OF THREE YEARS.
30 (III) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(I) AND (II)
19870H0188B3643 - 14 -
1 SHALL SERVE TERMS OF FOUR YEARS.
2 (C) MEMBERS UNDER SUBSECTION (A)(1) AND LEGISLATIVE MEMBERS
3 UNDER SUBSECTION (A)(2) MAY APPOINT DESIGNEES TO SERVE ON THE
4 COUNCIL.
5 (D) VACANCIES IN OFFICE SHALL BE FILLED BY THE APPOINTING
6 AUTHORITY WHO MADE THE ORIGINAL APPOINTMENT.
7 (E) THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO BE
8 CHAIRPERSON AND MAY ELECT OTHER OFFICERS AS IT DEEMS NECESSARY.
9 (F) THE COUNCIL SHALL MEET QUARTERLY AND SHALL HOLD SPECIAL
10 MEETINGS AT THE CALL OF THE CHAIRPERSON. ELEVEN MEMBERS
11 CONSTITUTE A QUORUM.
12 (G) MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION.
13 THEY SHALL BE ENTITLED TO REIMBURSEMENT FOR NECESSARY AND
14 REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
15 SECTION 2804-D. FUNCTIONS AND OBJECTIVES.--THE COUNCIL SHALL
16 BE RESPONSIBLE FOR THE DEVELOPMENT, EXPANSION AND PROMOTION OF
17 THE HARDWOOD INDUSTRY IN THIS COMMONWEALTH. THE COUNCIL SHALL
18 SEEK TO MEET THE FOLLOWING OBJECTIVES:
19 (1) TO EXPAND THE HARDWOOD INDUSTRIAL JOB BASE IN THIS
20 COMMONWEALTH. THIS CLAUSE INCLUDES EXPANSION OF EXISTING
21 HARDWOOD JOBS AND RECRUITMENT OF COMPLEMENTARY NEW HARDWOOD
22 MANUFACTURING PROCESS COMPANIES. THE OBJECTIVE STATED IN THIS
23 CLAUSE SHALL LEAD TO RETENTION, EXPANSION AND CREATION OF JOBS,
24 AND THE FOSTERING OF CAPITAL INVESTMENTS IN THE HARDWOOD
25 INDUSTRY IN THIS COMMONWEALTH.
26 (2) TO PROMOTE BETTER EFFICIENCIES OF THE EXISTING HARDWOOD
27 INDUSTRIES TO INCLUDE TECHNOLOGY TRANSFER AND INVESTMENT IN
28 EQUIPMENT NECESSARY TO ENHANCE THE HARDWOOD INDUSTRY.
29 (3) TO PROMOTE BASIC AND LONG-TERM RESEARCH IN WOOD
30 CHARACTERISTICS AND NEW PRODUCT DEVELOPMENT. THIS SHALL INCLUDE
19870H0188B3643 - 15 -
1 RESEARCH AIMED AT ALL SPECIES AND GRADES OF WOODS, INCLUDING
2 THOSE SPECIES THAT ARE UNDERUTILIZED.
3 (4) TO PROVIDE INSTITUTIONAL SUPPORT FOR THE HARDWOOD
4 INDUSTRY OF THIS COMMONWEALTH BY INSURING EFFECTIVE COOPERATION
5 AND COMMUNICATION AMONG GOVERNMENTAL AGENCIES, THE ACADEMIC AND
6 RESEARCH COMMUNITY AND THE HARDWOOD INDUSTRY. THIS CLAUSE
7 INCLUDES INTERNATIONAL ACTIVITY.
8 (5) TO ESTABLISH INFORMATION TRANSFER THROUGH A COMMON DATA
9 BASE AND KNOWLEDGEABLE PERSONNEL TO FURTHER DEVELOP AND ENHANCE
10 THE HARDWOOD INDUSTRY.
11 (6) TO ENCOURAGE LONG-RANGE HARDWOOD DEVELOPMENT IN WAYS
12 WHICH ARE SUSTAINABLE AND ENVIRONMENTALLY SOUND. THIS CLAUSE
13 INCLUDES EDUCATIONAL PROGRAMS PROVIDING KNOWLEDGE IN THE AREA OF
14 FOREST MANAGEMENT AND MARKETING METHODS AND EFFECTIVE PLANNING
15 AND DEVELOPMENT TO PRESERVE TIMBER, A RENEWABLE RESOURCE, FOR
16 MULTIUSE IN A DIVERSIFIED REGIONAL ECONOMY.
17 SECTION 2805-D. POWERS AND DUTIES OF COUNCIL.--THE COUNCIL
18 HAS THE FOLLOWING POWERS AND DUTIES:
19 (1) TO UNDERTAKE AND IMPLEMENT APPROPRIATE MEASURES RELATING
20 TO THE PROMOTION OF THE INDUSTRIAL POTENTIAL OF THE HARDWOOD
21 INDUSTRY IN THIS COMMONWEALTH.
22 (2) TO CREATE PLANS FOR ECONOMIC DEVELOPMENT AND EXPANSION
23 OF THE COMMONWEALTH'S HARDWOOD INDUSTRY.
24 (3) TO DEVELOP A NATIONAL AND INTERNATIONAL MARKETING
25 PROGRAM TO PROMOTE PENNSYLVANIA HARDWOODS AS THE WORLD'S FINEST
26 AND TO ASSIST PENNSYLVANIA'S HARDWOOD MANUFACTURERS AND
27 PROCESSORS IN DEVELOPING NATIONAL AND FOREIGN MARKETS.
28 (4) TO ENCOURAGE COOPERATION AND COORDINATION AMONG FEDERAL,
29 STATE AND LOCAL PROGRAMS. THIS CLAUSE INCLUDES PUBLIC-SECTOR AND
30 PRIVATE-SECTOR PROGRAMS. THIS CLAUSE INCLUDES ACCESS TO THE DATA
19870H0188B3643 - 16 -
1 OF ADMINISTRATIVE AGENCIES UNLESS THE ACCESS IS PROHIBITED BY
2 LAW.
3 (5) TO RECOMMEND TO THE GOVERNOR AND THE GENERAL ASSEMBLY
4 STRUCTURAL CHANGES AND THE UPDATING OF ECONOMIC DELIVERY TOOLS
5 OF STATE GOVERNMENT THAT MAY PROVE BENEFICIAL TO THE HARDWOOD
6 INDUSTRY.
7 (6) TO UNDERTAKE RESEARCH. THIS CLAUSE INCLUDES THE
8 UTILIZATION OF CONSULTANTS RELEVANT TO THE DEVELOPMENT,
9 EXPANSION AND PROMOTION OF THE HARDWOOD INDUSTRY IN THIS
10 COMMONWEALTH.
11 (7) TO MAINTAIN LIAISON WITH, AND PROVIDE NECESSARY
12 FINANCIAL ASSISTANCE IN THE FORMS OF LOANS AND GRANTS TO,
13 APPROPRIATE REGIONAL ORGANIZATIONS WHOSE PRIMARY RULE IS TO
14 PROMOTE THE HARDWOOD INDUSTRY.
15 (8) TO ENTER INTO CONTRACTS TO FULFILL THE FUNCTIONS AND
16 OBJECTIVES OF THE COUNCIL.
17 (9) TO APPOINT FIXED COMPENSATION AND PRESCRIBE DUTIES OF AN
18 EXECUTIVE DIRECTOR, WITH THE APPROVAL OF THE SECRETARY OF
19 COMMERCE, AS IS DEEMED NECESSARY TO ACCOMPLISH THE PURPOSES OF
20 THIS ARTICLE. OTHER PERSONNEL SHALL BE PROVIDED BY THE
21 DEPARTMENT OF COMMERCE.
22 (10) TO ACCEPT GRANTS FROM PUBLIC AND PRIVATE SOURCES.
23 SECTION 2806-D. REPORTS.--THE COUNCIL SHALL MAKE A BIENNIAL
24 WRITTEN REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE
25 STATUS OF THE HARDWOOD INDUSTRY IN THIS COMMONWEALTH. THE FIRST
26 REPORT IS DUE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
27 ARTICLE. THE REPORT SHALL INCLUDE:
28 (1) THE EXTENT TO WHICH THE HARDWOOD INDUSTRY HAS PROVIDED
29 EMPLOYMENT AND INCOME FOR THE RESIDENTS OF THIS COMMONWEALTH.
30 (2) THE ACTIONS TAKEN TO ENHANCE THE PERFORMANCE OF THE
19870H0188B3643 - 17 -
1 HARDWOOD INDUSTRY.
2 (3) RECOMMENDATIONS FOR REVISIONS IN POLICIES, PROGRAMS AND
3 PROCEDURES AND FOR PROPOSED LEGISLATION THAT WILL ENHANCE THE
4 ECONOMIC PERFORMANCE OF THE HARDWOOD INDUSTRY IN THIS
5 COMMONWEALTH.
6 SECTION 5. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL
8 RESOURCES, IS HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE
9 COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND CONVEY TO THE RIVER
10 ROAD DEVELOPMENT CORPORATION, EASEMENTS ACROSS CERTAIN LANDS OF
11 ROOSEVELT STATE PARK IN THE BOROUGH OF NEW HOPE, FOR A PERIOD
12 NOT TO EXCEED 99 YEARS AND FOR SUCH CONSIDERATION AND SUBJECT TO
13 SUCH TERMS AND CONDITIONS AS THE DEPARTMENT OF ENVIRONMENTAL
14 RESOURCES MAY REASONABLY REQUIRE, FOR THE PURPOSE OF ACCESS TO
15 AND FROM LANDS OF SAID GRANTEE ADJACENT TO SAID PARK AND ALSO
16 FOR THE PURPOSE OF ACCESS TO AND FROM LANDS OF SAID GRANTEE FOR
17 THE PURPOSE OF WATER SUPPLY, SEWAGE DISPOSAL, ELECTIVE SERVICES
18 AND OTHER UTILITIES. THE EASEMENTS TO BE CONVEYED ARE DESCRIBED
19 AS FOLLOWS:
20 (1) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
21 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
22 PENNSYLVANIA CANAL AT MILEPOST 23.840, AND APPROACHES TO AND
23 FROM THE SAME, FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF
24 WATER, SEWER AND ELECTRIC LINES, CABLES, AND OTHER UTILITIES.
25 (2) AN EASEMENT OF PASSAGE OVER A PEDESTRIAN BRIDGE CROSSING
26 THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL AT MILEPOST
27 23.812, AND APPROACHES TO AND FROM THE SAME.
28 (3) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
29 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
30 PENNSYLVANIA CANAL AT MILEPOST 23.742, AND APPROACHES TO AND
19870H0188B3643 - 18 -
1 FROM THE SAME FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF
2 WATER, SEWER AND ELECTRIC LINES, CABLES, AND OTHER UTILITIES.
3 (4) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
4 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
5 PENNSYLVANIA CANAL AT MILEPOST 23.7, AND APPROACHES TO AND FROM
6 THE SAME FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF WATER,
7 SEWER AND ELECTRIC LINES, CABLES, AND OTHER UTILITIES.
8 (5) AN EASEMENT OF USE UNDER AND THROUGH THE BED AND WATERS
9 OF THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL, FOR A
10 CERTAIN EXISTING EIGHT (8) INCH WATER PIPE, OR ITS REPLACEMENTS,
11 LOCATED APPROXIMATELY SEVENTY-FIVE (75) FEET SOUTH OF THE UNION
12 MILLS LOCK.
13 (B) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
14 THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, IS
15 HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH OF
16 PENNSYLVANIA, TO GRANT AND CONVEY TO THE RIVER ROAD DEVELOPMENT
17 CORPORATION, IN EXCHANGE FOR THE CONVEYANCES DESCRIBED IN
18 SUBSECTIONS (C) AND (D), THE TRACTS OF LAND DESCRIBED AS
19 FOLLOWS:
20 (1) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, SITUATE
21 IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN
22 ON A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS
23 27-9-6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES,
24 INC., AND BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING
25 IDENTIFIED AS DETAIL "A" ON SAID PLAN AND MORE PARTICULARLY
26 BOUNDED AND DESCRIBED AS FOLLOWS:
27 BEGINNING AT A POINT ON THE EXTREME NORTHWEST CORNER OF AN
28 EXISTING BUILDING; THENCE:
29 (I) EXTENDING FROM SAID POINT OF BEGINNING IN A NORTHERLY
30 DIRECTION PARALLEL TO THE WESTERLY FACE OF THE EXISTING
19870H0188B3643 - 19 -
1 BUILDING, NORTH 02 DEGREES 23 MINUTES 01 SECOND WEST, A DISTANCE
2 OF 13.00 FEET TO A POINT ALONG THE WESTERLY PROPERTY LINE AND
3 EASTERLY SIDE OF THE DELAWARE DIVISION OF THE PENNSYLVANIA
4 CANAL, THENCE;
5 (II) CONTINUING ALONG THE EASTERLY SIDE OF THE DELAWARE
6 DIVISION OF THE PENNSYLVANIA CANAL, NORTH 34 DEGREES 47 MINUTES
7 16 SECONDS EAST, A DISTANCE OF 47.29 FEET TO A POINT, THENCE;
8 (III) LEAVING SAID EASTERLY SIDE OF SAID CANAL AND EXTENDING
9 INTO THE NORTHERLY SIDE OF THE EXISTING BUILDING, SOUTH 04
10 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF 51.0613 FEET
11 TO A POINT, THENCE;
12 (IV) EXTENDING THROUGH THE AFOREMENTIONED BUILDING, SOUTH 18
13 DEGREES 42 MINUTES 05 SECONDS WEST, A DISTANCE OF 62.1619 FEET
14 TO A POINT, ON THE WESTERLY FACE OF THE AFOREMENTIONED BUILDING,
15 THENCE;
16 (V) EXTENDING ALONG THE WESTERLY FACE OF THE AFOREMENTIONED
17 BUILDING, NORTH 02 DEGREES 23 MINUTES 01 SECONDS WEST, A
18 DISTANCE OF 58.00 FEET TO A POINT AND FIRST MENTIONED POINT OF
19 BEGINNING.
20 CONSISTING OF 1,400 SQUARE FEET, MORE OR LESS.
21 (2) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
22 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
23 A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-
24 6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC.,
25 AND BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING
26 IDENTIFIED AS DETAIL "B" ON SAID PLAN AND MORE PARTICULARLY
27 BOUNDED AND DESCRIBED AS FOLLOWS:
28 BEGINNING AT A POINT IN THE WESTERLY FACE OF THE EXISTING
29 TWO-STORY BRICK MILL BUILDING AS SHOWN ON THE AFOREMENTIONED
30 SURVEY PLAN AND EXTENDING FROM SAID POINT:
19870H0188B3643 - 20 -
1 (I) NORTH 87 DEGREES 38 MINUTES 41 SECONDS EAST, ALONG THE
2 NORTHERLY FACE OF THIS OFFSET OF THE BUILDING, A DISTANCE OF
3 3.30 FEET TO A POINT, THENCE;
4 (II) EXTENDING THROUGH A PORTION OF THE BUILDING, SOUTH 02
5 DEGREES 21 MINUTES 19 SECONDS EAST, A DISTANCE OF 147.52 FEET,
6 TO A POINT OF INTERSECTION OF ANOTHER OFFSET IN SAID BUILDING,
7 SAID POINT ALSO BEING A POINT IN THE SOUTHERLY FACE OF THE
8 BUILDING, THENCE;
9 (III) EXTENDING THROUGH SAID BUILDING, SOUTH 85 DEGREES 20
10 MINUTES 46 SECONDS WEST, A DISTANCE OF 3.30 FEET TO A POINT IN
11 THE WESTERLY FACE OF SAID BUILDING, THENCE;
12 (IV) EXTENDING ALONG THE WESTERLY FACE OF SAID BUILDING,
13 NORTH 02 DEGREES 21 MINUTES 19 SECONDS WEST, A DISTANCE OF
14 147.52 FEET TO THE POINT OF BEGINNING.
15 CONSISTING OF 486.4 SQUARE FEET, MORE OR LESS.
16 (C) IN EXCHANGE FOR THE CONVEYANCES DESCRIBED IN SUBSECTIONS
17 (A) AND (B), THE DEPARTMENT OF GENERAL SERVICES IS HEREBY
18 AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH OF
19 PENNSYLVANIA, TO ACCEPT FROM THE RIVER ROAD DEVELOPMENT
20 CORPORATION, AFTER MUNICIPAL APPROVAL OF SUBDIVISION AS MAY BE
21 REQUIRED A QUITCLAIM OF ANY AND ALL INTEREST IN THE PARCELS OF
22 LAND SITUATE IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY,
23 PENNSYLVANIA, DESCRIBED AS FOLLOWS, SAID LANDS TO BE
24 ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AS
25 PART OF ROOSEVELT STATE PARK:
26 (1) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
27 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
28 A PLAN TITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-6,
29 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC., AND
30 BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING MORE
19870H0188B3643 - 21 -
1 PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
2 BEGINNING AT A POINT, SAID POINT BEING MEASURED THE THREE (3)
3 FOLLOWING COURSES AND DISTANCES FROM A CONCRETE MONUMENT FOUND
4 IN THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH MAIN STREET (L.R.326)
5 (60.00 FEET WIDE), SAID MONUMENT ALSO BEING THE SOUTHERLY
6 PROPERTY CORNER OF TAX MAP PARCEL 27-9-5, NOW OR FORMERLY OF
7 IRENE, HAROLD AND WILLIAM GARDNER:
8 (I) SOUTH 83 DEGREES 37 MINUTES 26 SECONDS WEST, 46.40 FEET,
9 THENCE;
10 (II) NORTH 00 DEGREES 27 MINUTES 13 SECONDS EAST, 480.48
11 FEET, THENCE;
12 (III) NORTH 83 DEGREES 08 MINUTES 09 SECONDS EAST, 83.62
13 FEET; AND THENCE FROM SAID POINT OF BEGINNING:
14 (A) NORTH 01 DEGREES 50 MINUTES 59 SECONDS EAST, 219.14
15 FEET, THENCE;
16 (B) NORTH 13 DEGREES 03 MINUTES 47 SECONDS WEST, 38.03 FEET,
17 THENCE;
18 (C) NORTH 14 DEGREES 29 MINUTES 52 SECONDS EAST, 80.37 FEET,
19 THENCE;
20 (D) SOUTH 77 DEGREES 16 MINUTES 23 SECONDS EAST, 38.33 FEET,
21 TO A POINT IN THE WESTERLY EDGE OF WATER OF THE DELAWARE RIVER,
22 THENCE RUNNING ALONG THE EDGE OF WATER OF THE DELAWARE RIVER;
23 (E) SOUTH 03 DEGREES 33 MINUTES 45 SECONDS WEST, 34.21 FEET,
24 STILL ALONG THE SAME TO A POINT, THENCE;
25 (F) SOUTH 66 DEGREES 58 MINUTES 23 SECONDS WEST, 9.33 FEET,
26 STILL ALONG THE SAME TO A POINT, THENCE;
27 (G) SOUTH 04 DEGREES 47 MINUTES 14 SECONDS WEST, 63.55 FEET,
28 STILL ALONG THE SAME TO A POINT, THENCE;
29 (H) SOUTH 01 DEGREES 23 MINUTES 46 SECONDS EAST, 109.10
30 FEET, STILL ALONG THE SAME TO A POINT, THENCE;
19870H0188B3643 - 22 -
1 (I) SOUTH 00 DEGREES 28 MINUTES 35 SECONDS WEST, 113.81
2 FEET, STILL ALONG THE SAME TO A POINT, THENCE, LEAVING SAID EDGE
3 OF WATER;
4 (J) SOUTH 88 DEGREES 00 MINUTES 48 SECONDS WEST, 41.71 FEET
5 TO THE FIRST MENTIONED POINT OF BEGINNING.
6 CONSISTING OF 0.2952 ACRES, MORE OR LESS.
7 (2) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
8 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
9 A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-
10 6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC.,
11 AND LAST REVISED JUNE 3, 1987, AND BEING MORE PARTICULARLY
12 BOUNDED AND DESCRIBED AS FOLLOWS:
13 BEGINNING AT A POINT ON THE EASTERLY FACE OF AN EXISTING 1.5
14 FOOT WIDE STONE WALL OF THE DELAWARE DIVISION OF THE
15 PENNSYLVANIA CANAL, SAID POINT BEING THE TWO (2) FOLLOWING
16 COURSES AND DISTANCES FROM A CONCRETE MONUMENT ON THE EASTERLY
17 RIGHT-OF-WAY LINE OF SOUTH MAIN STREET:
18 (I) NORTH 04 DEGREES 17 MINUTES 29 SECONDS WEST, A DISTANCE
19 OF 170.00 FEET, THENCE;
20 (II) NORTH 86 DEGREES 44 MINUTES 10 SECONDS EAST, A DISTANCE
21 OF 51.35 FEET; AND THENCE FROM SAID POINT OF BEGINNING:
22 (A) ALONG THE SOUTHERLY PROPERTY LINE OF TAX MAP PARCEL 27-
23 11-5, NOW OR FORMERLY OF R. DOUGLAS AND KAREN GREENE, NORTH 86
24 DEGREES 44 MINUTES 10 SECONDS EAST, A DISTANCE OF 8.92 FEET TO A
25 POINT IN SAID CANAL, THENCE;
26 (B) THROUGH THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL,
27 SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST, A DISTANCE OF
28 133.27 FEET TO A POINT ON THE EASTERLY FACE OF THE
29 AFOREMENTIONED STONE WALL, THENCE;
30 (C) ALONG SAID FACE OF WALL, NORTH 04 DEGREES 41 MINUTES 48
19870H0188B3643 - 23 -
1 SECONDS WEST, A DISTANCE OF 113.71 FEET TO AN ANGLE POINT IN
2 SAID WALL, THENCE;
3 (D) STILL ALONG SAID WALL, NORTH 04 DEGREES 18 MINUTES 22
4 SECONDS EAST, A DISTANCE OF 19.48 FEET TO THE POINT AND PLACE OF
5 BEGINNING.
6 CONSISTING OF 766 SQUARE FEET, MORE OR LESS.
7 (D) IN FURTHER EXCHANGE FOR THE CONVEYANCES DESCRIBED IN
8 SUBSECTIONS (A) AND (B), THE DEPARTMENT OF ENVIRONMENTAL
9 RESOURCES IS HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE
10 COMMONWEALTH OF PENNSYLVANIA, TO ACCEPT FROM THE RIVER ROAD
11 DEVELOPMENT CORPORATION, AN EASEMENT OF PASSAGE OVER LANDS OF
12 THE GRANTOR IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY,
13 PENNSYLVANIA, AT A LOCATION AND UPON TERMS SATISFACTORY TO THE
14 DEPARTMENT OF ENVIRONMENTAL RESOURCES, SAID EASEMENT TO PROVIDE
15 VEHICULAR ACCESS TO AND FROM THE TOWPATH OF THE DELAWARE
16 DIVISION OF THE PENNSYLVANIA CANAL FOR THE PURPOSE OF
17 ADMINISTRATION AND MAINTENANCE OF SAID TOWPATH AND CANAL.
18 (E) THE DEEDS OF GRANT OR CONVEYANCE DESCRIBED IN
19 SUBSECTIONS (A) AND (B) SHALL BE APPROVED AS REQUIRED BY LAW AND
20 SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE
21 NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
22 (F) COSTS AND FEES INCIDENTAL TO THE CONVEYANCES DESCRIBED
23 IN THIS ACT SECTION SHALL BE BORNE BY THE RIVER ROAD DEVELOPMENT <--
24 CORPORATION.
25 (G) THE RIGHTS OF THE RIVER ROAD DEVELOPMENT CORPORATION
26 SHALL INURE TO IT, ITS SUCCESSORS, ASSIGNS AND LICENSEES.
27 SECTION 6. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
28 APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
29 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO SELL AND CONVEY
30 TO VINCENT AND REGINA GALLAGHER OF EAST ALLEN TOWNSHIP,
19870H0188B3643 - 24 -
1 NORTHAMPTON COUNTY, PENNSYLVANIA, FOR A CONSIDERATION OF $100,
2 THE FOLLOWING TRACT OF LAND SITUATE IN EAST ALLEN TOWNSHIP,
3 NORTHAMPTON COUNTY, PENNSYLVANIA, DESCRIBED IN A PLAN OF SURVEY,
4 BEING TRACT NO. 2 OF THE MINOR SUBDIVISION PLAN PREPARED FOR THE
5 COMMONWEALTH OF PENNSYLVANIA, DATED JUNE 23, 1987, BY MARTIN H.
6 SCHULER CO., ENGINEERS AND SURVEYORS, ALLENTOWN, PENNSYLVANIA,
7 AND BOUNDED AND DESCRIBED AS FOLLOWS:
8 BEGINNING AT A POINT MARKED BY A RAILROAD SPIKE AT OR NEAR
9 THE CENTER LINE OF WEAVERSVILLE ROAD (L.R.48049) IN LINE WITH
10 LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AND VINCENT AND REGINA
11 GALLAGHER; THENCE EXTENDING ALONG LANDS OF VINCENT AND REGINA
12 GALLAGHER, NORTH 55 DEGREES 45 MINUTES 00 SECONDS EAST 42.07
13 FEET TO A POINT MARKED BY A RAILROAD SPIKE; THENCE EXTENDING
14 ALONG LANDS OF VINCENT AND REGINA GALLAGHER, NORTH 87 DEGREES 00
15 MINUTES 00 SECONDS EAST 52.93 FEET TO A POINT; THENCE EXTENDING
16 ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, SOUTH 32
17 DEGREES 15 MINUTES 00 SECONDS WEST, 69.13 FEET TO THE CENTER
18 LINE OF WEAVERSVILLE ROAD; THENCE EXTENDING NORTH 57 DEGREES 45
19 MINUTES 00 SECONDS WEST 60 FEET TO A POINT, THE PLACE OF
20 BEGINNING.
21 CONTAINING 2,651.47 SQUARE FEET.
22 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
23 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
24 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
25 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
26 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
27 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
28 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
29 (C) THE PROCEEDS OF THIS SALE SHALL BE PAID INTO THE STATE
30 TREASURY.
19870H0188B3643 - 25 -
1 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
2 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
3 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
4 (E) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
5 BORNE BY THE GRANTEE.
6 SECTION 7. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR AND THE SECRETARY OF ENVIRONMENTAL
8 RESOURCES, IS AUTHORIZED AND DIRECTED ON BEHALF OF THE
9 COMMONWEALTH OF PENNSYLVANIA TO SELL AND CONVEY TO PERRY'S
10 LANDING LTD. NO.1, A PENNSYLVANIA LIMITED PARTNERSHIP, ITS
11 SUCCESSORS AND ASSIGNS, FOR A CONSIDERATION OF $64,440, THE
12 FOLLOWING TRACT OF LAND SITUATE IN PRESQUE ISLE BAY, ERIE
13 COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
14 TO PERRY'S LANDING LTD. NO.1
15 ALL LANDS ON AN ENCROACHMENT INTO PRESQUE ISLE BAY KNOWN AS
16 PIER 1 BETWEEN RASPBERRY AND CASCADE STREETS LOCATED WITHIN THE
17 AREA BEGINNING AT THE INTERSECTION OF (1) A LINE PRODUCED BY
18 EXTENDING THE LINE BETWEEN WATER LOTS 254 AND 255 SHOWN ON THE
19 MAP OF THE WATER LOTS IN FRONT OF THE SECOND SECTION OF THE TOWN
20 OF ERIE, BY WILSON KING, SURVEYOR, PREPARED PURSUANT TO ORDER OF
21 THE COMMISSIONER OF SALES IN PURSUANCE OF THE ACT OF JANUARY 23,
22 1838 (P.L.6, NO.6), ENTITLED "AN ACT AUTHORIZING THE LAYING OUT
23 OF WATER LOTS, AND THE SALE OF THE SAME, IN THE SECOND SECTION
24 OF THE TOWN OF ERIE," A LITHOGRAPH OR TRACING OF SAID MAP BEING
25 IN THE FILES OF THE DIVISION OF LAND RECORDS OF THE BUREAU OF
26 ARCHIVES AND HISTORY OF THE PENNSYLVANIA HISTORICAL AND MUSEUM
27 COMMISSION, AND (2) A LINE 1712.58 FEET NORTH OF AND PARALLEL TO
28 THE CENTER LINE OF WEST SECOND STREET OF THE CITY OF ERIE;
29 THENCE IN A NORTHERLY DIRECTION A DISTANCE OF 280 FEET ALONG THE
30 LINE EXTENSION FROM BETWEEN WATER LOTS 254 AND 255 TO A POINT;
19870H0188B3643 - 26 -
1 THENCE IN AN EASTERLY DIRECTION A DISTANCE OF 264 FEET ALONG A
2 LINE PARALLEL WITH THE CENTER LINE OF WEST SECOND STREET TO A
3 POINT IN A LINE CREATED BY EXTENDING NORTHWARD THE LINE BETWEEN
4 WATER LOTS 247 AND 246 AS SHOWN ON SAID MAP; THENCE IN A
5 SOUTHERLY DIRECTION A DISTANCE OF 280 FEET ALONG A LINE PRODUCED
6 BY EXTENSION OF THE LINE BETWEEN WATER LOTS 247 AND 246 ON SAID
7 MAP TO A POINT WHERE SAID EXTENSION LINE INTERSECTS WITH THE
8 LINE 1712.58 FEET NORTH OF AND PARALLEL TO WEST SECOND STREET;
9 AND THENCE IN A WESTERLY DIRECTION A DISTANCE OF 264 FEET ALONG
10 A LINE PARALLEL WITH THE CENTER LINE OF WEST SECOND STREET TO
11 THE POINT AND PLACE OF BEGINNING.
12 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
13 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
14 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA. THE DEED OF
15 CONVEYANCE AS AUTHORIZED BY THIS ACT SHALL INCLUDE LANDS
16 APPURTENANT TO THE ENCROACHMENT AS MAY BE DEEMED NECESSARY BY
17 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO CONSTRUCT AND
18 MAINTAIN ADDITIONAL TIMBER CRIBBING, STONE FACING AND VERTICAL
19 BULKHEADS TO STABILIZE THE EDGES OF THE PIER. THE DEED SHALL
20 FURTHER CONTAIN COVENANTS ASSURING ADEQUATE PROVISIONS TO
21 PROVIDE FREE PUBLIC ACCESS TO THE BAYFRONT FOR FISHING AND
22 RECREATION FROM THE OVERALL PROJECT DEVELOPED ON THE SITE BY THE
23 GRANTEES AND TO BE MAINTAINED BY THE GRANTEES, AS SET FORTH IN A
24 PLOT PLAN RECORDED WITH THE DEED, INCLUDING, BUT NOT LIMITED TO:
25 (1) FREE PARKING FOR 50 CARS FOR ACCESS TO THE SITE ON A
26 LOCATION ADJACENT TO THE ERIE BAYFRONT HIGHWAY;
27 (2) PUBLIC WALKWAYS, INCLUDING WATER EDGE PROMENADES AT
28 LEAST 12 FEET WIDE, PROVIDING FREE ACCESS TO THE MARINA FOR
29 FISHING AND WALKING, AN ENCROACHMENT INTO THE BAY AT THE FOOT
30 OF CASCADE STREET KNOWN AS PIER 2, LANDS OF THE COMMONWEALTH
19870H0188B3643 - 27 -
1 ON AN ENCROACHMENT INTO THE BAY AT THE FOOT OF PLUM STREET
2 KNOWN AS PIER 3 AND CONNECTING WITH THE PUBLIC PARKING AREA;
3 (3) A WETLANDS PRESERVE IN THE DELTA OF CASCADE CREEK
4 WHICH SHALL BE MAINTAINED BY THE GRANTEES TO PROTECT THE
5 NATURAL RESOURCES OF THE WETLANDS AREA FROM ENCROACHMENTS,
6 INCURSIONS AND DEGRADATION; TO PERMIT FREE PUBLIC ACCESS, TO
7 PROVIDE THAT IF RECREATIONAL DEVELOPMENT OCCURS IT BE DONE IN
8 A MANNER WHICH MINIMIZES ECOLOGICAL IMPACTS, TO MAINTAIN THE
9 AESTHETIC APPEARANCE OF THE WETLANDS PRESERVE AND TO REMOVE
10 LITTER AND DEBRIS;
11 (4) A FREE PUBLIC RECREATIONAL AREA AT THE TIP OF PIER 3
12 AND ON 0.716 ACRES OF LAND IMMEDIATELY ADJACENT TO SUCH
13 LANDS, AS AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL
14 RESOURCES, SUITABLE FOR FISHING AND PICNICKING TO BE
15 DEVELOPED WITHIN A REASONABLE TIME AFTER ISSUANCE OF A PERMIT
16 FOR DEVELOPMENT OF THE AREA BY THE DEPARTMENT OF
17 ENVIRONMENTAL RESOURCES;
18 (5) REASONABLE FREE ACCOMMODATIONS FOR PUBLIC FISHING,
19 INCLUDING A FISHING PIER CONSTRUCTED INTO THE BAY FROM THE
20 PUBLIC RECREATIONAL AREA ON PIER 3 AS AUTHORIZED BY THE
21 DEPARTMENT OF ENVIRONMENTAL RESOURCES; AND
22 (6) A RECREATIONAL MARINA TO BE CONSTRUCTED BETWEEN
23 PIERS 1 AND 2 AND PIERS 2 AND 3.
24 (C) NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT THE
25 AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES UNDER THE
26 ACT OF JUNE 25, 1937 (P.L.2116, NO.425), ENTITLED "AN ACT
27 DECLARING CERTAIN RIGHTS, GRANTS, AND PRIVILEGES IN THE BEDS OF
28 NAVIGABLE WATERS, WITHIN AND ON THE BOUNDARIES OF THIS
29 COMMONWEALTH, VOID; VESTING POWER IN THE DEPARTMENT OF FORESTS
30 AND WATERS, THE WATER AND POWER RESOURCES BOARD, AND THE
19870H0188B3643 - 28 -
1 PENNSYLVANIA STATE PARK AND HARBOR COMMISSION TO REVOKE AND
2 DECLARE VOID SUCH RIGHTS, GRANTS, AND PRIVILEGES, AND PROVIDING
3 THE PROCEDURE IN SUCH CASES."
4 (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO CONSTITUTE A
5 PRECEDENT OR GENERAL PUBLIC POLICY WITH RESPECT TO THE SALE OF
6 PUBLIC LANDS WITHIN THE PUBLIC DOMAIN OR THE MANAGEMENT OF
7 FILLED AREAS LOCATED ON SUBMERGED LANDS OF THE COMMONWEALTH
8 WITHIN PRESQUE ISLE BAY OR ELSEWHERE.
9 (E) COSTS AND FEES INCIDENTAL TO THE CONVEYANCE SHALL BE
10 BORNE BY THE GRANTEES.
11 SECTION 8. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
12 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF TRANSPORTATION,
13 IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH
14 OF PENNSYLVANIA TO GRANT AND CONVEY TO THE COUNTY COMMISSIONERS
15 OF LACKAWANNA COUNTY, THE FOLLOWING TRACT OF LAND SITUATE IN THE
16 BOROUGH OF MOOSIC, LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND
17 DESCRIBED AS FOLLOWS:
18 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
19 BOROUGH OF MOOSIC, LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND
20 DESCRIBED AS FOLLOWS:
21 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
22 MONTAGE ACCESS ROAD OPPOSITE CENTER LINE STATION 242 + 00;
23 THENCE FROM THE BEGINNING AND ALONG LANDS OF THE LACKAWANNA
24 COUNTY MULTI-PURPOSE STADIUM AUTHORITY NORTH 65 DEGREES 00
25 MINUTES 00 SECONDS EAST 520.00 FEET TO A CORNER; THENCE NORTH 25
26 DEGREES 00 MINUTES 00 SECONDS WEST 470.00 FEET TO A CORNER;
27 THENCE SOUTH 65 DEGREES 00 MINUTES 00 SECONDS WEST 409.42 FEET
28 TO A CORNER ON THE EASTERLY RIGHT-OF-WAY LINE OF THE MONTAGE
29 ACCESS ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE ON A CURVE TO
30 THE LEFT HAVING AN ARC LENGTH OF 391.03 FEET AND A RADIUS OF
19870H0188B3643 - 29 -
1 630.00 FEET AND A CHORD BEARING SOUTH 08 DEGREES 08 MINUTES 37
2 SECONDS EAST 384.79 FEET TO A CORNER; THENCE ON A CURVE TO THE
3 RIGHT HAVING AN ARC LENGTH OF 101.75 FEET AND A RADIUS OF
4 8070.00 FEET AND A CHORD BEARING SOUTH 25 DEGREES 33 MINUTES 49
5 SECONDS EAST 101.75 FEET TO THE POINT OF BEGINNING.
6 CONTAINING 5.3638 ACRES, MORE OR LESS.
7 AS SHOWN ON A MAP OF LANDS OF THE LACKAWANNA COUNTY MULTI-
8 PURPOSE STADIUM AUTHORITY, THE BOROUGH OF MOOSIC, LACKAWANNA
9 COUNTY, PENNSYLVANIA, DATED AUGUST 12, 1986, PREPARED BY G.S.G.S
10 & B, INC., ARCHITECTS, ENGINEERS AND PLANNERS, CLARKS SUMMIT,
11 PENNSYLVANIA.
12 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
13 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
14 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
15 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
16 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
17 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
18 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
19 (C) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
20 PROPERTY CONVEYED SHALL BE USED FOR THE LACKAWANNA COUNTY MULTI-
21 PURPOSE STADIUM, AND IF AT ANY TIME THE COUNTY COMMISSIONERS OF
22 LACKAWANNA COUNTY OR ITS SUCCESSOR IN FUNCTION CONVEYS THE
23 PROPERTY TO ANY PERSON OR ENTITY OTHER THAN THE LACKAWANNA
24 COUNTY MULTI-PURPOSE STADIUM AUTHORITY OR PERMITS THE PROPERTY
25 TO BE USED FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED IN THIS
26 SECTION, THE TITLE TO THE PROPERTY SHALL IMMEDIATELY REVERT TO
27 AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
28 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
29 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
30 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
19870H0188B3643 - 30 -
1 (E) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
2 BORNE BY THE GRANTEE.
3 SECTION 9. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
4 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE,
5 IS AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
6 PENNSYLVANIA TO GRANT AND CONVEY TO KIRWAN HEIGHTS VOLUNTEER
7 FIRE DEPARTMENT, FOR A CONSIDERATION OF $25,000, THE FOLLOWING
8 TRACT OF LAND SITUATE IN COLLIER TOWNSHIP, ALLEGHENY COUNTY,
9 PENNSYLVANIA, DESCRIBED AS FOLLOWS:
10 BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF PA.
11 ROUTE 50 (L.R. 108), SAID POINT BEING LOCATED 30.00 FEET EAST OF
12 CENTER LINE P.O.C. STATION 284+20.94 OF PA. ROUTE 50 (L.R. 108);
13 THENCE ALONG SAID RIGHT-OF-WAY BY A CURVE TO THE LEFT WITH A
14 RADIUS OF 11,429.19 FEET AND AN ARC OF 33.02 FEET TO A POINT ON
15 TANGENT; THENCE STILL ALONG SAID RIGHT-OF-WAY NORTH 30 DEGREES
16 43 MINUTES 39 SECONDS EAST, A DISTANCE OF 132.15 FEET TO A
17 POINT; THE P.C. OF A CURVE, CURVING TO THE LEFT WITH A RADIUS OF
18 3,304.17 FEET AND AN ARC DISTANCE OF 381.50 FEET TO A POINT, THE
19 P.R.C. OF A CURVE IN THE EAST RIGHT-OF-WAY OF L.R.108 AND THE
20 SOUTH RIGHT-OF-WAY OF L.R. 802; THENCE ALONG SAID CURVE, CURVING
21 TO THE RIGHT WITH A RADIUS OF 70.00 FEET AND AN ARC DISTANCE OF
22 61.27 FEET TO A POINT IN SAID SOUTH RIGHT-OF-WAY LINE OF
23 L.R.802; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG THE WEST
24 RIGHT-OF-WAY OF CHARTIERS CREEK BY A CURVE CURVING TO THE LEFT
25 WITH A RADIUS OF 1,100.00 FEET AND AN ARC DISTANCE OF 250.25
26 FEET TO A POINT OF TANGENT; THENCE SOUTH 00 DEGREES 33 MINUTES 6
27 SECONDS WEST A DISTANCE OF 100.31 FEET TO THE P.C. OF A CURVE
28 CURVING TO THE RIGHT, WITH A RADIUS OF 400.00 FEET AND AN ARC
29 DISTANCE OF 108.11 FEET TO A POINT IN THE NORTH LINE OF THE
30 ALLEGHENY COUNTY HOME RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-
19870H0188B3643 - 31 -
1 WAY NORTH 73 DEGREES 57 MINUTES 46 SECONDS WEST A DISTANCE OF
2 35.00 FEET TO A POINT, THE P.C. OF A CURVE CURVING TO THE RIGHT,
3 WITH A RADIUS OF 365.00 FEET AND AN ARC OF 16.00 FEET TO A POINT
4 ON SAID CURVE; THENCE STILL ALONG SAID RIGHT-OF-WAY SOUTH 74
5 DEGREES 33 MINUTES 24 SECONDS WEST A DISTANCE OF 225.83 FEET TO
6 THE POINT OF BEGINNING.
7 CONTAINING 1.305 ACRES, MORE OR LESS.
8 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
9 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
10 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
11 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
12 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
13 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
14 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
15 (C) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
16 PROPERTY CONVEYED SHALL BE USED FOR A VOLUNTEER FIRE STATION BY
17 KIRWAN HEIGHTS VOLUNTEER FIRE DEPARTMENT AND IF AT ANY TIME THE
18 KIRWAN HEIGHTS VOLUNTEER FIRE DEPARTMENT OR ITS SUCCESSOR IN
19 FUNCTION CONVEYS THE PROPERTY OR PERMITS THE PROPERTY TO BE USED
20 FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED IN THIS SECTION, THE
21 TITLE TO THE PROPERTY SHALL IMMEDIATELY REVERT TO AND REVEST IN
22 THE COMMONWEALTH OF PENNSYLVANIA.
23 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
24 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
25 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
26 (E) COSTS AND FEES INCIDENTAL TO THESE CONVEYANCES SHALL BE
27 BORNE BY THE GRANTEES.
28 SECTION 10. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH
29 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC
30 WELFARE, IS AUTHORIZED AND DIRECTED ON BEHALF OF THE
19870H0188B3643 - 32 -
1 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE URBAN
2 REDEVELOPMENT AUTHORITY OF PITTSBURGH FOR A CONSIDERATION OF
3 ONE-HALF THE FAIR MARKET VALUE AS DETERMINED BY AN APPRAISAL OR
4 THE REMAINING BOND INDEBTEDNESS ON THE SUBJECT PROPERTY,
5 WHICHEVER IS GREATER, THE FOLLOWING DESCRIBED TRACT OF LAND
6 SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY COUNTY,
7 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
8 FIRST
9 ALL THOSE CERTAIN LOTS OR PARCELS OF GROUND SITUATE IN THE FIFTH
10 WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND COMMONWEALTH
11 OF PENNSYLVANIA, BEING LOTS NOS. 1 TO 16 INCLUSIVE, LOT NO. 60
12 AND LOTS NOS. 63 AND 64 IN THE WM. V. CALLERY PLAN, AS RECORDED
13 IN THE RECORDER'S OFFICE OF ALLEGHENY COUNTY IN PLAN BOOK VOLUME
14 13, PAGES 114 AND 115, BEING BOUNDED AND DESCRIBED AS FOLLOWS,
15 TO-WIT:
16 LOTS NOS. 1 TO 16 INCLUSIVE:
17 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RIDGEWAY STREET
18 (FORMERLY RIDGE STREET) AT THE NORTHWEST CORNER OF LOT NO. 1 AND
19 THE WESTERLY LINE OF SAID PLAN OF LOTS AND LINE OF LAND NOW OR
20 LATE OF WILLIAM MCCONWAY; THENCE NORTHEASTWARDLY ALONG THE
21 SOUTHERLY LINE OF SAID RIDGEWAY STREET 434.11 FEET TO A POINT ON
22 THE WESTERLY LINE OF MARCELLA STREET; THENCE SOUTHWARDLY ALONG
23 THE WESTERLY LINE OF SAID MARCELLA STREET, 102.44 FEET TO A
24 POINT ON THE NORTHERLY LINE OF A 20 FOOT WAY; THENCE
25 SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID 20 FEET WAY
26 401.44 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LOT NO. 1
27 IN SAID PLAN OF LOTS; AND THENCE NORTHWESTWARDLY ALONG THE
28 WESTERLY LINE OF SAID LOT NO. 1, ALONG THE WESTERLY LINE OF SAID
29 PLAN OF LOTS AND ALONG LINE OF LAND NOW OR LATE OF THE
30 AFOREMENTIONED WILLIAM MCCONWAY, 95.17 FEET TO THE POINT ON THE
19870H0188B3643 - 33 -
1 SOUTHERLY LINE OF RIDGEWAY STREET AT THE PLACE OF BEGINNING.
2 LOT NO. 60:
3 BEGINNING AT A POINT ON THE NORTHERLY LINE OF WHITE STREET AT
4 THE DIVIDING LINE BETWEEN LOTS NOS. 59 AND 60 IN SAID PLAN OF
5 LOTS; THENCE SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID
6 WHITE STREET 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN
7 LOTS NOS. 60 AND 61 IN SAID PLAN OF LOTS; THENCE NORTHWESTWARDLY
8 ALONG SAID LAST MENTIONED DIVIDING LINE 91.67 FEET TO A POINT ON
9 THE SOUTHERLY LINE OF A 20 FOOT WAY; THENCE NORTHEASTWARDLY
10 ALONG THE SOUTHERLY LINE OF SAID 20 FOOT WAY 25 FEET TO A POINT
11 AT THE DIVIDING LINE BETWEEN LOTS NOS. 59 AND 60 IN SAID PLAN OF
12 LOTS; AND THENCE SOUTHEASTWARDLY ALONG SAID LAST MENTIONED
13 DIVIDING LINE 91.67 FEET TO A POINT ON THE NORTHERLY LINE OF
14 WHITE STREET AT THE PLACE OF BEGINNING.
15 LOTS NOS. 63 AND 64:
16 BEGINNING AT A POINT ON THE NORTHERLY LINE OF WHITE STREET AT
17 THE DIVIDING LINE BETWEEN LOTS NOS. 62 AND 63 IN SAID PLAN OF
18 LOTS; THENCE SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID
19 WHITE STREET 63.89 FEET TO A POINT AT THE SOUTHWESTERLY CORNER
20 OF LOT NO. 64 IN SAID PLAN OF LOTS; THENCE NORTHWESTWARDLY ALONG
21 THE WESTERLY LINE OF SAID LOT NO. 64, ALONG THE WESTERLY LINE OF
22 SAID PLAN OF LOTS AND ALONG LINE OF LAND NOW OR LATE OF WILLIAM
23 MCCONWAY 91.83 FEET TO A POINT ON THE SOUTHERLY LINE OF A 20
24 FOOT WAY; THENCE NORTHEASTWARDLY ALONG THE SOUTHERLY LINE OF
25 SAID 20 FOOT WAY 58.44 FEET TO A POINT AT THE DIVIDING LINE
26 BETWEEN LOTS NOS. 62 AND 63 IN SAID PLAN OF LOTS; AND THENCE
27 SOUTHEASTWARDLY ALONG SAID LAST MENTIONED DIVIDING LINE, 91.67
28 FEET TO THE POINT ON THE NORTHERLY LINE OF WHITE STREET AT THE
29 PLACE OF BEGINNING. THE ABOVE DESCRIBED PROPERTIES BEING THE
30 SAME PROPERTIES AS CONVEYED TO THE TUBERCULOSIS LEAGUE OF
19870H0188B3643 - 34 -
1 PITTSBURGH BY THE FOLLOWING DEEDS:
2 1. FROM JAMES D. CALLERY ET UX, ET AL, DATED APRIL 9, 1932 AND
3 RECORDED JUNE 16, 1932 IN DEED BOOK VOLUME 2472, PAGE 61.
4 2. FROM JOSEPH Z. PORTER ET UX, DATED MAY 11, 1927, RECORDED
5 MAY 12, 1927 IN DEED BOOK VOLUME 2316, PAGE 548.
6 3. FROM WILLIE CLAUDE HIGHTOWER ET UX, DATED MAY 11, 1927,
7 RECORDED MAY 12, 1927 IN DEED BOOK VOLUME 2316, PAGE 547.
8 4. FROM WILLIAM MCCONWAY ET UX, DATED MARCH 29, 1912, RECORDED
9 OCTOBER 22, 1912 IN DEED BOOK VOLUME 1754, PAGE 207.
10 BLOCK NO. 258, LOT NO. 98, FOR 5TH WARD PROPERTY.
11 SECOND
12 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE SIXTH
13 WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND COMMONWEALTH
14 OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS:
15 BEGINNING AT A POINT AT THE SOUTHWESTERLY CORNER OF BIGELOW
16 BOULEVARD (FORMERLY GRANT BOULEVARD) AS WIDENED BY ORDINANCE NO.
17 556 OF THE CITY OF PITTSBURGH, APPROVED DECEMBER 2, 1938, AND
18 RECORDED IN ORDINANCE BOOK VOLUME 49, PAGE 340, AND MORGAN
19 STREET (FORMERLY BLAKELEY STREET); THENCE ALONG THE
20 SOUTHEASTERLY LINE OF SAID BIGELOW BOULEVARD SOUTH 62 DEGREES 48
21 MINUTES 17 SECONDS WEST, 200.50 FEET TO THE POINT ON LINE OF
22 LAND OF THE CITY OF PITTSBURGH; THENCE ALONG LINE OF LAND OF THE
23 CITY OF PITTSBURGH SOUTH 27 DEGREES 11 MINUTES 43 SECONDS EAST,
24 136.80 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE
25 AFOREMENTIONED MORGAN STREET; AND THENCE ALONG THE NORTHWESTERLY
26 LINE OF SAID MORGAN STREET, NORTH 28 DEGREES 29 MINUTES 57
27 SECONDS EAST 242.72 FEET TO THE POINT AT THE SOUTHWESTERLY
28 CORNER OF BIGELOW BOULEVARD AND MORGAN STREET AT THE PLACE OF
29 BEGINNING. BLOCK 25-S, LOT 104.
30 SUBJECT TO A STREET 30 FEET WIDE KNOWN AS JUDSON STREET
19870H0188B3643 - 35 -
1 (FORMERLY JEREMY STREET ) RUNNING SOUTHWESTWARDLY THROUGH SAID
2 PROPERTY FROM MORGAN STREET TO THE SOUTHWESTERLY LINE OF THE LOT
3 HEREINABOVE DESCRIBED.
4 SUBJECT TO SLOPES FOR SAID BIGELOW BOULEVARD AS SAME ARE FIXED
5 IN ORDINANCE NO. 163 OF THE CITY OF PITTSBURGH, APPROVED MARCH
6 29, 1939, RECORDED IN ORDINANCE BOOK VOLUME 49, PAGE 614.
7 THIRD
8 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE SIXTH
9 WARD OF THE CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND
10 COMMONWEALTH OF PENNSYLVANIA, BEING LOTS NOS. 1 TO 28 INCLUSIVE
11 IN JONES, JEREMY AND SCULLY PLAN, AS RECORDED IN THE RECORDER'S
12 OFFICE OF ALLEGHENY COUNTY IN PLAN BOOK VOLUME 4, PAGES 152 AND
13 153, BEING BOUNDED AND DESCRIBED AS FOLLOWS:
14 BEGINNING AT A POINT AT THE NORTHEASTERLY CORNER OF RIDGEWAY
15 STREET (FORMERLY RIDGE STREET) AND MORGAN STREET (FORMERLY
16 BLAKELEY STREET); THENCE ALONG THE NORTHWESTERLY LINE OF SAID
17 RIDGEWAY STREET NORTH 60 DEGREES 56 MINUTES 57 SECONDS EAST
18 458.24 FEET TO A POINT ON THE DENNY MANOR LINE; THENCE ALONG THE
19 DENNY MANOR LINE NORTH 59 DEGREES 40 MINUTES 3 SECONDS WEST
20 246.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE
21 AFOREMENTIONED MORGAN STREET; AND THENCE ALONG THE SOUTHEASTERLY
22 LINE OF SAID MORGAN STREET SOUTH 28 DEGREES 29 MINUTES 57
23 SECONDS WEST 394.56 FEET TO THE POINT AT THE NORTHEASTERLY
24 CORNER OF RIDGEWAY STREET AND MORGAN STREET AT THE PLACE OF
25 BEGINNING. BLOCK 25-S, LOT NO. 98.
26 THE SECOND AND THIRD DESCRIBED PROPERTIES BEING THE SAME
27 PROPERTIES WHICH ANDREW CARNEGIE ET AL TRUSTEES UNDER WILL OF
28 MARY E. SCHENLEY, DECEASED, BY DEED DATED FEBRUARY 2, 1916 AND
29 RECORDED MARCH 2, 1916, IN DEED BOOK VOLUME 1836, PAGE 625,
30 GRANTED AND CONVEYED UNTO THE TUBERCULOSIS LEAGUE OF PITTSBURGH.
19870H0188B3643 - 36 -
1 FOURTH
2 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE FIFTH
3 WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND COMMONWEALTH
4 OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED ACCORDING TO UNITED
5 STATES STANDARD MEASURE AS FOLLOWS:
6 BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BEDFORD AVENUE
7 AT LINE OF LAND NOW OR LATE OF HENRY W. OLIVER, JR., SAID POINT
8 BEING THE WESTERLY LINE OF THE WM. V. CALLERY PLAN, RECORDED IN
9 THE RECORDER'S OFFICE OF ALLEGHENY COUNTY IN PLAN BOOK VOLUME
10 13, PAGES 114 AND 115 AND DISTANT ALONG THE NORTHWESTERLY LINE
11 OF SAID BEDFORD AVENUE SOUTH 60 DEGREES 56 MINUTES 57 SECONDS
12 WEST, 130.15 FEET FROM THE NORTHWESTERLY LINE OF SAID BEDFORD
13 AVENUE AND TULSA STREET; THENCE ALONG THE NORTHWESTERLY LINE OF
14 SAID BEDFORD AVENUE SOUTH 60 DEGREES 56 MINUTES 57 SECONDS WEST
15 229.10 FEET TO A POINT; THENCE ALONG OTHER LAND OF THE PARTY OF
16 THE FIRST PART THE FOLLOWING 5 COURSES AND DISTANCES: NORTH 25
17 DEGREES 54 MINUTES 33 SECONDS WEST, 261.24 FEET TO A POINT;
18 SOUTH 78 DEGREES 36 MINUTES 32 SECONDS WEST, 37.98 FEET TO A
19 POINT; NORTH 25 DEGREES 54 MINUTES 33 SECONDS WEST, 95.00 FEET
20 TO A POINT; SOUTH 64 DEGREES 05 MINUTES 27 SECONDS WEST, 101.11
21 FEET TO A POINT; SOUTH 25 DEGREES 46 MINUTES 53 SECONDS EAST,
22 105.63 FEET TO A POINT ON LINE OF LAND OF THE HOUSING AUTHORITY
23 OF THE CITY OF PITTSBURGH AT THE CENTER LINE OF A 20 FOOT RIGHT
24 OF WAY DESCRIBED IN DEED FROM THE HOUSING AUTHORITY OF THE CITY
25 OF PITTSBURGH TO THE TUBERCULOSIS LEAGUE OF PITTSBURGH, DATED
26 NOVEMBER 7, 1952 AND RECORDED IN THE RECORDER'S OFFICE OF
27 ALLEGHENY COUNTY IN DEED BOOK VOLUME 3247, PAGE 194; THENCE
28 ALONG LINE OF LAND OF THE HOUSING AUTHORITY OF THE CITY OF
29 PITTSBURGH, SOUTH 64 DEGREES 03 MINUTES 07 SECONDS WEST 155.12
30 FEET TO A POINT ON THE NORTHEASTERLY LINE OF MORGAN STREET NOW
19870H0188B3643 - 37 -
1 VACATED; THENCE ALONG THE NORTHEASTERLY LINE OF SAID MORGAN
2 STREET NORTH 25 DEGREES 46 MINUTES 53 SECONDS WEST, 149.32 FEET
3 TO A POINT; THENCE ALONG LINE OF LAND NOW OR LATE OF HARDING
4 HARSTON NORTH 64 DEGREES 03 MINUTES 07 SECONDS EAST 44.24 FEET
5 TO A POINT; THENCE ALONG THE SAME NORTH 25 DEGREES 46 MINUTES 53
6 SECONDS WEST, 54.92 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
7 RIDGEWAY STREET (FORMERLY RIDGE STREET): THENCE ALONG THE
8 SOUTHEASTERLY LINE OF SAID RIDGEWAY STREET, NORTH 60 DEGREES 56
9 MINUTES 57 SECONDS EAST 480.17 FEET TO A POINT ON LINE OF LAND
10 NOW OR LATE OF HENRY W. OLIVER, JR. AND THE WESTERLY LINE OF THE
11 AFOREMENTIONED PLAN OF LOTS; AND THENCE ALONG SAID LAST
12 MENTIONED LINE, SOUTH 25 DEGREES 39 MINUTES 03 SECONDS EAST,
13 478.05 FEET TO THE POINT ON THE NORTHWESTERLY LINE OF BEDFORD
14 AVENUE AT THE PLACE OF BEGINNING.
15 FOR CHAIN OF TITLE TO PREMISES 4TH ABOVE DESCRIBED, SEE THE
16 FOLLOWING DEEDS TO THE TUBERCULOSIS LEAGUE OF PITTSBURGH:
17 1. FROM H. A. PHILLIPS, UNMARRIED, DATED JUNE 16, 1921,
18 RECORDED JUNE 23, 1921 IN DEED BOOK VOLUME 2071, PAGE 93.
19 2. FROM WILLIAM MCCONWAY ET UX, DATED MARCH 5, 1910, RECORDED
20 JUNE 21, 1910 IN DEED BOOK VOLUME 1672, PAGE 305.
21 3. FROM HUSTON BROTHERS COMPANY, DATED APRIL 20, 1920, RECORDED
22 MAY 14, 1920 IN DEED BOOK VOLUME 2046, PAGE 227.
23 BLOCK 258, LOT NO. 98
24 FIFTH
25 THE FREE AND UNINTERRUPTED USE, LIBERTY AND PRIVILEGE IN COMMON
26 WITH THE PARTIES OF THE FIRST PART, ITS SUCCESSORS AND ASSIGNS,
27 THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, ITS SUCCESSORS
28 AND ASSIGNS, TOGETHER WITH THEIR TENANTS AND OCCUPIERS FOR THE
29 TIME BEING AND LICENSEES, FOR SAID SECOND PARTY ITS SUCCESSORS
30 AND ASSIGNS AND ITS AGENTS, SERVANTS AND LICENSEES AT ITS AND
19870H0188B3643 - 38 -
1 THEIR WILL AND PLEASURE AT ALL TIMES AND PURPOSES, TO GO,
2 RETURN, PASS AND REPASS BY VEHICLE AND ON FOOT ALONG AND OVER A
3 CERTAIN PAVED PRIVATE ROAD 20 FEET WIDE AND APPROXIMATELY 265
4 FEET LONG, THROUGH PROPERTY NOW OR FORMERLY OF THE HOUSING
5 AUTHORITY OF THE CITY OF PITTSBURGH, ABUTTING PROPERTY OF THE
6 TUBERCULOSIS LEAGUE OF PITTSBURGH, SAID ROAD BEING SITUATE IN
7 THE FIFTH WARD, CITY OF PITTSBURGH AND BOUNDED AND DESCRIBED AS
8 FOLLOWS:
9 BEGINNING AT A POINT, SAID POINT BEING ON THE NORTHERLY SIDE OF
10 BEDFORD AVENUE AND DISTANT SOUTH 60 DEGREES 55 MINUTES 42
11 SECONDS WEST, 12.07 FEET FROM THE INTERSECTION OF THE LANDS NOW
12 OR FORMERLY OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH
13 AND LANDS OF THE TUBERCULOSIS LEAGUE OF PITTSBURGH; THENCE
14 CONTINUING ALONG SAID NORTHERLY SIDE OF BEDFORD AVENUE, SOUTH 60
15 DEGREES 55 MINUTES 42 SECONDS WEST, 20.12 FEET TO A POINT;
16 THENCE ALONG LANDS NOW OR FORMERLY OF THE HOUSING AUTHORITY OF
17 THE CITY OF PITTSBURGH, NORTH 25 DEGREES 48 MINUTES 18 SECONDS
18 WEST, 267.70 FEET TO LANDS OF THE TUBERCULOSIS LEAGUE OF
19 PITTSBURGH; THENCE ALONG THE SAME, NORTH 64 DEGREES 11 MINUTES
20 42 SECONDS EAST, 20 FEET TO A POINT; THENCE ALONG LANDS NOW OR
21 FORMERLY OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH,
22 SOUTH 25 DEGREES 48 MINUTES 18 SECONDS EAST, 266.55 FEET TO THE
23 NORTHERLY SIDE OF BEDFORD AVENUE AT THE PLACE OF BEGINNING.
24 TOGETHER WITH AND SUBJECT TO THE VARIOUS RIGHTS AND OBLIGATIONS
25 APPURTENANT TO ABOVE DESCRIBED RIGHT OF WAY AS MORE FULLY SET
26 FORTH AND DESCRIBED IN DEED OF THE HOUSING AUTHORITY OF THE CITY
27 OF PITTSBURGH TO THE TUBERCULOSIS LEAGUE OF PITTSBURGH, DATED
28 NOVEMBER 7, 1952, OF RECORD IN DEED BOOK VOLUME 3247, PAGE 194.
29 BEING THE SAME RIGHT OF WAY AS CONVEYED BY THE AFORESAID DEED OF
30 THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH TO THE
19870H0188B3643 - 39 -
1 TUBERCULOSIS LEAGUE OF PITTSBURGH, DATED NOVEMBER 7, 1952,
2 RECORDED IN DEED BOOK VOLUME 3247, PAGE 194.
3 EXCEPT COAL AND MINING RIGHTS, GRANTED OR RESERVED BY PRIOR
4 INSTRUMENTS OF RECORD.
5 (B) THE COMMONWEALTH OF PENNSYLVANIA SHALL MAINTAIN THE
6 PROPERTY UNTIL SUCH TIME AS TITLE IS CONVEYED. TITLE SHALL BE
7 CONVEYED AT SUCH TIME, WITHIN 18 MONTHS AFTER THE EFFECTIVE DATE
8 OF THIS ACT, AS THE URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH
9 PAYS THE CONSIDERATION REQUIRED BY SUBSECTION (A).
10 (C) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
11 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING BUT NOT
12 CONFINED TO STREETS, ROADWAYS, AND RIGHTS OF ANY TELEPHONE,
13 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
14 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
15 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
16 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
17 (D) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
18 LANDS CONVEYED SHALL BE USED FOR HOUSING AND CARE FOR THE
19 ELDERLY AND IF AT ANY TIME THE URBAN REDEVELOPMENT AUTHORITY OF
20 PITTSBURGH OR ITS SUCCESSOR IN FUNCTION CONVEYS THE PROPERTY OR
21 AUTHORIZES OR PERMITS THE PROPERTY TO BE USED FOR ANY PURPOSE
22 OTHER THAN HOUSING AND CARE FOR THE ELDERLY, THE TITLE THERETO
23 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
24 PENNSYLVANIA.
25 (E) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
26 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
27 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
28 (F) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
29 BORNE BY THE GRANTEE.
30 Section 2 6 11. Section 502.1 of the act of April 12, 1951 <--
19870H0188B3643 - 40 -
1 (P.L.90, No.21), known as the Liquor Code, is repealed.
2 Section 3 7 12. This act shall take effect in 120 days. AS <--
3 FOLLOWS:
4 (1) THE AMENDMENT TO SECTION 706 SHALL TAKE EFFECT
5 IMMEDIATELY.
6 (1) (2) SECTION 1712, AS ADDED BY THIS AMENDATORY ACT, <--
7 AND SECTION 2 6 11 OF THIS AMENDATORY ACT, SHALL TAKE EFFECT <--
8 IN 120 DAYS.
9 (2) SECTION 1713, AS ADDED (3) SECTIONS 1713 AND <--
10 2402(D), AS ADDED OR AMENDED BY THIS AMENDATORY ACT, SHALL
11 TAKE EFFECT IN 60 DAYS.
12 (3) (4) SECTION 4 (ARTICLE XXVIII-D) SHALL TAKE EFFECT <--
13 JULY 1, 1988, OR IMMEDIATELY, WHICHEVER IS LATER.
14 (4) (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT <--
15 IMMEDIATELY.
A9L71DGS/19870H0188B3643 - 41 -