SENATE AMENDED
PRIOR PRINTER'S NOS. 206, 1340, 3026, PRINTER'S NO. 3700
3497, 3584, 3643
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
SENATOR WENGER, STATE GOVERNMENT, IN SENATE, RE-REPORTED AS
AMENDED, SEPTEMBER 27, 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
1 FOR THE EXEMPTION FROM TAXES OF THE LEASE UPON THE EASTERN
2 PENNSYLVANIA PSYCHIATRIC INSTITUTE; AUTHORIZING AND DIRECTING
3 THE GENERAL STATE AUTHORITY AND THE DEPARTMENT OF GENERAL
4 SERVICES TO REMOVE ALL RESTRICTIONS OR ENCUMBRANCES ON
5 CERTAIN LAND SITUATE IN PHILADELPHIA; ESTABLISHING THE
6 HARDWOODS COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES;
7 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
8 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
9 ENVIRONMENTAL RESOURCES, TO CONVEY CERTAIN EASEMENTS AND
10 PARCELS OF LAND SITUATE IN THE BOROUGH OF NEW HOPE, BUCKS
11 COUNTY, PENNSYLVANIA, TO THE RIVER ROAD DEVELOPMENT
12 CORPORATION, AND TO ACCEPT THE CONVEYANCE TO THE COMMONWEALTH
13 OF CERTAIN PARCELS OF LAND IN THE SAME BOROUGH; AUTHORIZING
14 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO ACCEPT THE
15 CONVEYANCE OF AN EASEMENT IN THE SAME BOROUGH; AUTHORIZING <--
16 AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
17 APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY A TRACT OF LAND
18 SITUATE IN EAST ALLEN TOWNSHIP, NORTHAMPTON COUNTY,
19 PENNSYLVANIA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF
20 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
21 SECRETARY OF ENVIRONMENTAL RESOURCES, TO SELL AND CONVEY A
22 CERTAIN PARCEL OF LAND IN ERIE COUNTY, PENNSYLVANIA;
23 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
24 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
25 TRANSPORTATION, TO CONVEY TO THE COUNTY COMMISSIONERS OF
26 LACKAWANNA COUNTY A TRACT OF LAND SITUATE IN THE BOROUGH OF
27 MOOSIC, LACKAWANNA COUNTY, PENNSYLVANIA; AUTHORIZING AND
28 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
29 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC
30 WELFARE, TO CONVEY TO KIRWAN HEIGHTS VOLUNTEER FIRE
31 DEPARTMENT A TRACT OF LAND SITUATE IN COLLIER TOWNSHIP,
32 ALLEGHENY COUNTY, PENNSYLVANIA; AUTHORIZING AND DIRECTING THE
33 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
34 GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE, TO CONVEY A
35 TRACT OF LAND SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY
36 COUNTY, PENNSYLVANIA; AUTHORIZING AND DIRECTING THE <--
37 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
38 GOVERNOR, TO CONVEY TO THE CANON-MCMILLAN SCHOOL DISTRICT
39 3.109 ACRES OF LAND, MORE OR LESS, SITUATE IN THE BOROUGH OF
40 CANONSBURG, WASHINGTON COUNTY, PENNSYLVANIA; and making a
41 repeal.
42 The General Assembly of the Commonwealth of Pennsylvania
43 hereby enacts as follows:
44 SECTION 1. SECTION 706 OF THE ACT OF APRIL 9, 1929 (P.L.177, <--
45 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED TO
46 READ:
47 SECTION 706. AUDITOR GENERAL.--(A) THE AUDITOR GENERAL
48 SHALL EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS MAY NOW OR
49 HEREAFTER BE VESTED IN AND IMPOSED UPON HIM BY THE CONSTITUTION
50 AND THE LAWS OF THIS COMMONWEALTH.
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1 (B) IN ADDITION TO ANY OTHER DUTIES IMPOSED BY LAW, THE
2 AUDITOR GENERAL SHALL, ON A QUADRENNIAL BASIS, CONDUCT A
3 FINANCIAL AUDIT AND A COMPLIANCE AUDIT OF THE AFFAIRS AND
4 ACTIVITIES OF THE PENNSYLVANIA TURNPIKE COMMISSION.
5 (C) THE AUDITOR GENERAL SHALL SUBMIT TO THE CHAIRPERSONS OF
6 THE SENATE COMMITTEE ON TRANSPORTATION AND THE HOUSE OF
7 REPRESENTATIVES COMMITTEE ON TRANSPORTATION COPIES OF THE
8 COMPLETED QUADRENNIAL AUDITS OF THE PENNSYLVANIA TURNPIKE
9 COMMISSION.
10 (D) ALL COST INCURRED BY THE AUDITOR GENERAL IN THE
11 PERFORMANCE OF THE QUADRENNIAL AUDITS OF THE PENNSYLVANIA
12 TURNPIKE COMMISSION SHALL BE PAID BY THE PENNSYLVANIA TURNPIKE
13 COMMISSION.
14 Section 1 2. The act of April 9, 1929 (P.L.177, No.175), <--
15 known as The Administrative Code of 1929, is amended by adding a <--
16 section SECTIONS to read: <--
17 Section 1712. On-Farm Produced Denatured Ethyl Alcohol.--The
18 Department of Agriculture shall have the power, and its duty
19 shall be:
20 (a) To encourage and promote the manufacture and use of
21 Pennsylvania agricultural product-derived denatured ethyl
22 alcohol;
23 (b) To regulate the manufacture, use and sale of on-farm
24 produced denatured ethyl alcohol;
25 (c) To establish a licensing system for denatured ethyl
26 alcohol on-farm producers and to enforce such system so as to
27 prevent fraud and deception in the licensing process;
28 (d) To collect a fee from denatured ethyl alcohol on-farm
29 producers at a minimum of twenty-five dollars ($25), with a
30 sliding scale fee schedule based upon volume produced;
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1 (e) To make such rules and regulations as shall be deemed
2 necessary for enforcement of the laws of this Commonwealth
3 relating to denatured ethyl alcohol and denatured ethyl alcohol
4 on-farm producers;
5 (f) To provide for the inspection of denatured ethyl alcohol
6 on-farm production facilities in order to ensure compliance with
7 the law;
8 (g) To gather and make available information concerning the
9 supply, demand, prevailing prices and applicable use of
10 denatured ethyl alcohol and its by-products;
11 (h) To secure, in the performance of the duties herein
12 prescribed, the cooperation and assistance of other appropriate
13 agencies.
14 SECTION 1713. LICENSING OF POULTRY DEALERS AND <--
15 TRANSPORTERS.--(A) AFTER DECEMBER 31 OF THE YEAR IN WHICH THIS
16 SECTION TAKES EFFECT, IT SHALL BE UNLAWFUL FOR ANY PERSON,
17 WHETHER OR NOT CONTRACTED BY ANOTHER PARTY, INCLUDING, BUT NOT
18 LIMITED TO, THE OWNERS OR LESSEES OF EACH CONVEYANCE, TO ENGAGE
19 IN THE BUSINESS OF TRANSPORTATION OF POULTRY INTO, WITHIN OR
20 FROM THIS COMMONWEALTH, UNLESS HE SHALL HOLD A LICENSE ISSUED BY
21 THE DEPARTMENT FOR EACH CONVEYANCE AS PROVIDED IN THIS SECTION.
22 (B) IT SHALL BE UNLAWFUL, AFTER DECEMBER 31 OF THE YEAR IN
23 WHICH THIS SECTION TAKES EFFECT, FOR ANY POULTRY DEALER TO
24 ENGAGE IN BUSINESS TRANSACTIONS WITHIN THIS COMMONWEALTH, UNLESS
25 HE SHALL HOLD A LICENSE ISSUED BY THE DEPARTMENT AS PROVIDED IN
26 THIS SECTION.
27 (C) EVERY PERSON REQUIRED TO HOLD A LICENSE AS PROVIDED FOR
28 IN SUBSECTIONS (A) AND (B) SHALL ANNUALLY, ON OR BEFORE DECEMBER
29 31, FILE AN APPLICATION FOR A LICENSE WITH THE DEPARTMENT. THE
30 APPLICATION SHALL BE ON A FORM FURNISHED BY THE DEPARTMENT AND
19870H0188B3700 - 4 -
1 SHALL CONTAIN ANY INFORMATION AS THE DEPARTMENT MAY REQUIRE.
2 (D) UNLESS THE DEPARTMENT REFUSES THE APPLICATION ON ONE OR
3 MORE GROUNDS AS PROVIDED IN THIS SECTION, IT SHALL ISSUE TO AN
4 APPLICANT, UPON THE PAYMENT OF PROPER FEES, A LICENSE ENTITLING
5 THE APPLICANT TO CONDUCT TRANSPORTATION OF POULTRY OR TO ACT AS
6 A DEALER IN POULTRY UNTIL DECEMBER 31 OF THE YEAR NEXT
7 FOLLOWING. THE FEE FOR EACH LICENSE SHALL BE TWENTY-FIVE DOLLARS
8 ($25) FOR EACH DEALER'S LICENSE ISSUED AND TWENTY-FIVE DOLLARS
9 ($25) FOR EACH VEHICLE USED FOR PURPOSES OF TRANSPORTING
10 POULTRY.
11 (E) EVERY OWNER OR LESSEE OF A CONVEYANCE USED TO HAUL
12 POULTRY SHALL KEEP A RECORD FOR AT LEAST ONE YEAR OF ALL
13 PREMISES WHERE RECEIPT OR DELIVERY OF POULTRY WAS MADE; THE
14 QUANTITY, TYPE AND SPECIES OF POULTRY RECEIVED OR DELIVERED; THE
15 DATE RECEIVED OR DELIVERED; AND ANY OTHER INFORMATION WHICH THE
16 DEPARTMENT BY REGULATION SHALL REQUIRE.
17 (F) EVERY DEALER OF POULTRY SHALL KEEP A RECORD FOR AT LEAST
18 ONE YEAR OF ALL TRANSACTIONS CONDUCTED, INCLUDING NAME AND
19 ADDRESS OF EACH BUYER AND SELLER; THE QUANTITY AND DESCRIPTION
20 OF GOODS PURCHASED OR SOLD; THE DATE OF EACH TRANSACTION; THE
21 NATURE OR CONDITION OF GOODS TRANSACTED; AND ANY OTHER
22 INFORMATION WHICH THE DEPARTMENT BY REGULATION SHALL REQUIRE.
23 (G) THE DEPARTMENT MAY REFUSE TO GRANT A LICENSE OR MAY
24 SUSPEND OR REVOKE A LICENSE ALREADY GRANTED UNDER THIS SECTION
25 IF IT IS SATISFIED THAT THE APPLICANT OR LICENSEE HAS:
26 (1) FAILED TO MAINTAIN ADEQUATE RECORDS OF POULTRY HAULAGE
27 OR TRANSACTIONS OR OTHER INFORMATION REQUIRED UNDER THIS SECTION
28 OR REGULATIONS ISSUED PURSUANT THERETO.
29 (2) FAILED TO MEET THE MINIMUM STANDARDS OF SANITATION FOR
30 CONVEYANCES AND ACCESSORIES USED FOR TRANSPORTING POULTRY IN
19870H0188B3700 - 5 -
1 ACCORDANCE WITH REGULATIONS ADOPTED BY THE DEPARTMENT.
2 (3) MADE ANY FALSE STATEMENT OR STATEMENTS OR KEPT ANY FALSE
3 RECORDS RELATIVE TO THE DESTINATION, DATES OF VISIT, QUANTITY
4 AND CONDITION OF BIRDS RECEIVED OR DELIVERED, OR ANY OTHER
5 INFORMATION REQUIRED UNDER THIS SECTION OR REGULATIONS OF THE
6 DEPARTMENT.
7 (4) MADE ANY FALSE STATEMENT IN THE APPLICATION FOR OR
8 ATTEMPT TO PROCURE ANY LICENSE PERMITTED TO BE ISSUED UNDER THIS
9 SECTION.
10 (H) (1) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
11 SECTION, THE DEPARTMENT SHALL PROMULGATE AND PUBLISH REGULATIONS
12 FOR STANDARDS OF RECORDKEEPING, CLEANLINESS AND OPERATION FOR
13 ALL DEALER PREMISES AND CONVEYANCES USED IN THE TRANSPORTATION
14 OF POULTRY AND FOR ALL CRATES, COOPS, CAGES OR OTHER
15 ACCESSORIES, WHETHER OR NOT CONSTRUCTED OF PERMEABLE MATERIAL,
16 USED ON DEALER PREMISES AND CONVEYANCES FOR POULTRY
17 TRANSPORTATION OR STORAGE.
18 (2) THE DEPARTMENT SHALL CONDUCT PERIODIC INSPECTIONS OF
19 DEALER PREMISES AND CONVEYANCES AND ACCESSORIES USED IN HAULING
20 OR STORING POULTRY AND ASCERTAIN THAT SANITATION REQUIREMENTS
21 ARE BEING FULFILLED.
22 (I) (1) BEFORE THE DEPARTMENT SHALL REFUSE, SUSPEND OR
23 REVOKE ANY LICENSE, IT SHALL CONDUCT A HEARING ON THE MATTER AND
24 SHALL NOTIFY THE APPLICANT OR LICENSEE, IN WRITING, WITHIN FIVE
25 DAYS OF ITS DETERMINATION.
26 (2) HEARINGS UNDER THIS SECTION AND APPEALS FROM DECISIONS
27 OF THE DEPARTMENT SHALL BE CONDUCTED IN THE MANNER PROVIDED IN
28 TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
29 ADMINISTRATIVE LAW AND PROCEDURE) AND BY THE RULES OF APPELLATE
30 PROCEDURE.
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1 (J) ANY OWNER OR LESSEE OF A CONVEYANCE OR ANY POULTRY
2 DEALER WHO VIOLATES THE PROVISIONS OF SUBSECTION (A) OR (B) OR
3 INTERFERES WITH AN AGENT OF THE DEPARTMENT IN THE ENFORCEMENT OF
4 THIS SECTION:
5 (1) FOR A FIRST OFFENSE, COMMITS A SUMMARY OFFENSE AND
6 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS
7 THAN ONE HUNDRED DOLLARS ($100) NOR MORE THAN THREE HUNDRED
8 DOLLARS ($300) AND COSTS OF PROSECUTION.
9 (2) FOR A SUBSEQUENT OFFENSE, COMMITS A MISDEMEANOR OF THE
10 THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
11 FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS ($500) NOR MORE THAN
12 TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) OR TO IMPRISONMENT
13 NOT EXCEEDING ONE YEAR OR BOTH.
14 (K) THE ATTORNEY GENERAL, AT THE REQUEST OF THE DEPARTMENT,
15 MAY, IN THE NAME OF THE COMMONWEALTH, INSTITUTE PROCEEDINGS IN
16 EQUITY IN THE COMMONWEALTH COURT FOR THE PURPOSE OF ENJOINING
17 THE CONDUCT OF BUSINESS IN THIS COMMONWEALTH CONTRARY TO THE
18 PROVISIONS OF THIS SECTION.
19 (L) THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
20 PROMULGATE AND ENFORCE THE RULES AND REGULATIONS DEEMED
21 NECESSARY TO CARRY OUT THIS SECTION.
22 (M) ALL MONEYS RECEIVED FROM LICENSE FEES AND FINES
23 COLLECTED UNDER THIS SECTION SHALL BE IMMEDIATELY PAID BY THE
24 DEPARTMENT INTO THE STATE TREASURY AND CREDITED TO A RESTRICTED
25 RECEIPTS ACCOUNT, TO BE KNOWN AS THE POULTRY INSPECTION ACCOUNT,
26 TO BE USED FOR PAYMENT OF COSTS TO ISSUE LICENSES AND PROVIDE
27 FOR INSPECTIONS PURSUANT TO SECTION 4 THIS SECTION. ALL MONEYS <--
28 IN THIS ACCOUNT ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A
29 CONTINUING BASIS FOR THIS PURPOSE.
30 (N) AS USED IN THIS SECTION:
19870H0188B3700 - 7 -
1 "CONVEYANCE," MEANS ANY AUTOMOBILE, TRUCK, TRAILER, WAGON OR
2 OTHER VEHICLE USED IN THE TRANSPORTATION OF LIVE POULTRY ON
3 PUBLIC HIGHWAYS OF THIS COMMONWEALTH. THE TERM SHALL NOT INCLUDE
4 ANY VEHICLE USED BY A PRODUCER EXCLUSIVELY ON A FARM OR ON
5 CONTIGUOUS FARMS OPERATED AS PART OF A SINGLE AGRICULTURAL
6 OPERATION.
7 "DEALER" OR "POULTRY DEALER," MEANS ANY PERSON ENGAGED IN THE
8 BUSINESS OF BUYING, RECEIVING, SELLING, EXCHANGING, NEGOTIATING
9 OR SOLICITING THE SALE, RESALE, EXCHANGE OR TRANSFER OF LIVE
10 POULTRY. THE TERM DOES NOT INCLUDE ANY POULTRY PRODUCER OR ANY
11 BUTCHER OR PROCESSOR WHO RECEIVES LIVE POULTRY SOLELY FOR
12 IMMEDIATE SLAUGHTER.
13 "DEPARTMENT," MEANS THE DEPARTMENT OF AGRICULTURE OF THE
14 COMMONWEALTH.
15 "PERSON," MEANS A NATURAL PERSON, CORPORATION, PARTNERSHIP OR
16 ASSOCIATION.
17 "POULTRY," MEANS ANY CHICKENS, DUCKS, GEESE, TURKEYS,
18 PIGEONS, CHUKARS, GUINEAS, EXOTIC FOWL AND GAME BIRDS RAISED IN
19 CAPTIVITY.
20 "PRODUCER" OR "POULTRY PRODUCER," MEANS ANY PERSON ENGAGED IN
21 THE BUSINESS OF GROWING OR KEEPING POULTRY FOR MARKET. THIS TERM
22 SHALL NOT INCLUDE A PERSON WHO, BY CONTRACT, EMPLOYS ANOTHER
23 PERSON TO EXCLUSIVELY PERFORM THE ACTUAL BREEDING, GROWING OR
24 RAISING ACTIVITIES RELATING TO THE POULTRY, REGARDLESS OF
25 WHETHER OR NOT SUCH EMPLOYER HAS TITLE IN THE POULTRY.
26 "SECRETARY," MEANS THE SECRETARY OF AGRICULTURE OF THE
27 COMMONWEALTH.
28 SECTION 3. SECTION 2402(D) OF THE ACT, AMENDED JUNE 21, 1937
29 (P.L.1865, NO.373), IS AMENDED TO READ:
30 SECTION 2402. GROUNDS, BUILDINGS AND MONUMENTS IN GENERAL.--
19870H0188B3700 - 8 -
1 THE DEPARTMENT OF GENERAL SERVICES SHALL HAVE THE POWER, AND ITS
2 DUTY SHALL BE:
3 * * *
4 (D) TO CONTRACT IN WRITING FOR AND RENT PROPER AND ADEQUATE
5 OFFICES, ROOMS, OR OTHER ACCOMMODATIONS, OUTSIDE OF THE CAPITOL
6 BUILDINGS, FOR ANY DEPARTMENT, BOARD, OR COMMISSION, WHICH
7 CANNOT BE PROPERLY AND ADEQUATELY ACCOMMODATED WITH OFFICES,
8 ROOMS, AND ACCOMMODATIONS IN THE CAPITOL BUILDINGS; AND, IN ALL
9 CASES IN WHICH THE HEAD OF A DEPARTMENT, FOR SUCH DEPARTMENT OR
10 FOR A DEPARTMENTAL ADMINISTRATIVE BOARD OR COMMISSION WITHIN
11 SUCH DEPARTMENT, OR AN INDEPENDENT ADMINISTRATIVE BOARD OR
12 COMMISSION, WITH THE APPROVAL OF THE EXECUTIVE BOARD, HAS
13 ESTABLISHED OR IS ABOUT TO ESTABLISH A BRANCH OFFICE IN ANY CITY
14 OR PLACE OUTSIDE OF THE CAPITAL CITY, WITH THE APPROVAL OF THE
15 BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS, TO
16 CONTRACT IN WRITING FOR AND RENT SUCH OFFICES, ROOMS, AND OTHER
17 ACCOMMODATIONS, AS SHALL BE PROPER AND ADEQUATE FOR SUCH
18 DEPARTMENT, BOARD, OR COMMISSION. THE DEPARTMENT SHALL RENT SUCH
19 GARAGES OR CONTRACT FOR SUCH GARAGE SPACE AS MAY BE NECESSARY
20 FOR THE ACCOMMODATION OF STATE-OWNED AUTOMOBILES, EITHER IN OR
21 OUTSIDE OF THE CAPITAL CITY, AT SUCH RENTALS OR RATES AS IT
22 SHALL DEEM REASONABLE. THE DEPARTMENT MAY ALSO, IF THE GENERAL
23 ASSEMBLY SHALL HAVE APPROPRIATED FUNDS THEREFOR, LEASE ANY LANDS
24 WHICH MAY BE NECESSARY FOR USE BY ANY DEPARTMENT, BOARD, OR
25 COMMISSION IN THE EXERCISE OF ITS POWERS OR THE PERFORMANCE OF
26 ITS DUTIES. IT SHALL BE UNLAWFUL FOR ANY OTHER DEPARTMENT,
27 BOARD, COMMISSION, OR AGENCY OF THE STATE GOVERNMENT TO ENTER
28 INTO ANY LEASES, BUT THE DEPARTMENT OF [PROPERTY AND SUPPLIES]
29 GENERAL SERVICES SHALL ACT ONLY AS AGENT IN EXECUTING LEASES FOR
30 DEPARTMENTS, BOARDS, AND COMMISSIONS, THE EXPENSES OF WHICH ARE
19870H0188B3700 - 9 -
1 PAID WHOLLY OR MAINLY OUT OF SPECIAL FUNDS, AND, IN SUCH CASES,
2 THE RENTALS SHALL BE PAID OUT OF SUCH SPECIAL FUNDS. ANY
3 NONPROFIT CORPORATION WHICH LEASES LANDS, OFFICES OR
4 ACCOMMODATIONS TO THE COMMONWEALTH FOR ANY DEPARTMENT, BOARD,
5 COMMISSION OR AGENCY SHALL BE DEEMED AN AGENCY AS DEFINED BY THE
6 ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE
7 ACT," AND THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED
8 TO AS THE RIGHT-TO-KNOW LAW, AND ANY SUCH NONPROFIT CORPORATION
9 SHALL BE SUBJECT TO AND GOVERNED BY THE PROVISIONS OF THE
10 "SUNSHINE ACT" AND THE RIGHT-TO-KNOW LAW.
11 * * *
12 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS AND AN
13 ARTICLE TO READ:
14 SECTION 2418.1. EXEMPTION FROM TAXATION.--THE LEASE
15 AUTHORIZED BY SECTION 2418 SHALL BE EXEMPT FROM TAXES, IMPOSTS
16 OR OTHER FEES AND COSTS TO THE EXTENT THAT SUCH TAXES, IMPOSTS
17 OR FEES AND COSTS ARE IMPOSED BY A TAXING AUTHORITY.
18 SECTION 2419. RETIREMENT OF CERTAIN DEBT.--(A) THE GENERAL
19 STATE AUTHORITY SHALL RETIRE, AS SOON AS THE GOVERNOR'S BUDGET
20 OFFICE CERTIFIES THAT FUNDS TO DO SO ARE AVAILABLE FROM THE
21 COMMONWEALTH'S APPROPRIATION FOR DEBT SERVICE IN THE GENERAL
22 FUND BUDGET, THE EXISTING PRINCIPAL DEBT OUTSTANDING ON GENERAL
23 STATE AUTHORITY BONDS WHICH FUNDED CERTAIN FORMER COMMONWEALTH
24 PROJECTS ON PROPERTY DESCRIBED IN SUBSECTION (C).
25 (B) THE PAYMENT DIRECTED IN SUBSECTION (A) SHALL BE DEEMED
26 TO SATISFY THE RESTRICTION CONTAINED IN SECTION 6 OF THE ACT OF
27 DECEMBER 22, 1975 (P.L.606, NO.175), ENTITLED "AN ACT
28 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, OR
29 SUCH DEPARTMENT AND THE GENERAL STATE AUTHORITY, TO CONVEY TO
30 PHILADELPHIA OR TRANSFER JURISDICTION WITHIN THE STATE
19870H0188B3700 - 10 -
1 GOVERNMENT OF CERTAIN TRACTS OF COMMONWEALTH REAL PROPERTY
2 ACQUIRED UNDER THE ACT OF SEPTEMBER 29, 1938 (SP.SESS., P.L.53,
3 NO.21), ENTITLED, AS AMENDED, 'AN ACT RELATING TO INSTITUTIONS
4 OF COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION
5 DISTRICTS AND OTHER POLITICAL SUBDIVISIONS, FOR THE CARE,
6 MAINTENANCE, AND TREATMENT OF MENTAL PATIENTS; PROVIDING FOR THE
7 TRANSFER TO THE COMMONWEALTH FOR THE CARE, MAINTENANCE AND
8 TREATMENT OF MENTAL PATIENTS OF SUCH INSTITUTIONS, AND ALL
9 GROUNDS, LANDS, BUILDINGS AND PERSONAL PROPERTY OF SUCH
10 POLITICAL SUBDIVISIONS USED FOR THE CARE AND MAINTENANCE OF
11 INDIGENT PERSONS CONNECTED WITH SUCH MENTAL INSTITUTIONS;
12 PROVIDING FOR THE MANAGEMENT AND OPERATION OR CLOSING AND
13 ABANDONMENT THEREOF; AND THE MAINTENANCE OF MENTAL PATIENTS
14 THEREIN; INCLUDING THE COLLECTION OF MAINTENANCE IN CERTAIN
15 CASES; PROVIDING FOR THE RETRANSFER OF CERTAIN PROPERTY TO
16 COUNTIES, CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION
17 DISTRICTS AND OTHER POLITICAL SUBDIVISIONS UNDER CERTAIN
18 CIRCUMSTANCES; CONFERRING AND IMPOSING UPON THE GOVERNOR, THE
19 DEPARTMENT OF WELFARE, THE COURTS OF COMMON PLEAS AND COUNTIES,
20 CITIES, WARDS, BOROUGHS, TOWNSHIPS, INSTITUTION DISTRICTS AND
21 OTHER POLITICAL SUBDIVISIONS CERTAIN POWERS AND DUTIES;
22 PROHIBITING CITIES, COUNTIES, WARDS, BOROUGHS, TOWNSHIPS,
23 INSTITUTION DISTRICTS AND OTHER POLITICAL SUBDIVISIONS FROM
24 MAINTAINING AND OPERATING INSTITUTIONS, IN WHOLE OR IN PART, FOR
25 THE CARE AND TREATMENT OF MENTAL PATIENTS; AND REPEALING
26 INCONSISTENT LAWS,' IMPOSING POWERS AND DUTIES ON THE DEPARTMENT
27 OF ENVIRONMENTAL RESOURCES IN CONNECTION WITH ONE SUCH TRACT,
28 AND PROVIDING FOR USE OF LAND CONVEYED TO THE CITY OF
29 PHILADELPHIA."
30 (C) THE DEPARTMENT OF GENERAL SERVICES AND THE GENERAL STATE
19870H0188B3700 - 11 -
1 AUTHORITY SHALL CONVEY TO THE CITY OF PHILADELPHIA ANY REMAINING
2 INTEREST THE COMMONWEALTH MAY HAVE IN THE PROPERTY CONVEYED BY
3 THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE DEPARTMENT OF
4 GENERAL SERVICES, TO THE CITY OF PHILADELPHIA BY DEED DATED
5 NOVEMBER 15, 1983, RECORDED IN THE OFFICE OF THE RECORDER OF
6 DEEDS OF PHILADELPHIA AT DEED BOOK ALO VOL. 120, PAGE 405, WHICH
7 CONVEYANCE WAS SUBJECT TO THE RESTRICTION REFERENCED IN
8 SUBSECTION (B).
9 (D) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
10 COMMONWEALTH WILL FUND THE DEMOLITION OF ABANDONED BUILDINGS
11 FORMERLY ERECTED AND MAINTAINED BY THE COMMONWEALTH, WHICH
12 BUILDINGS ARE LOCATED ON THE PROPERTY DESCRIBED IN THIS SECTION,
13 THROUGH EXISTING COMMONWEALTH GRANT PROGRAMS.
14 ARTICLE XXVIII-D
15 HARDWOODS COUNCIL
16 SECTION 2801-D. DECLARATION OF POLICY.--THE GENERAL ASSEMBLY
17 FINDS AND DECLARES AS FOLLOWS:
18 (1) THE HARDWOOD FOREST INDUSTRY PLAYS A KEY ROLE IN THE
19 CONTINUING ECONOMIC REVITALIZATION OF THIS COMMONWEALTH.
20 (2) FIFTY-FIVE PERCENT OF THE LAND IN THIS COMMONWEALTH IS
21 CLASSIFIED AS COMMERCIAL FOREST LAND. THIS REPRESENTS
22 APPROXIMATELY 16,000,000 ACRES OF TIMBER RESOURCES, WHICH ARE
23 CAPABLE OF PROVIDING ESSENTIAL RAW MATERIALS FOR AN ECONOMICALLY
24 SOUND AND EXPANDING FOREST INDUSTRY.
25 (3) THIS COMMONWEALTH IS UNIQUELY ENDOWED WITH AN ABUNDANCE
26 OF TIMBER RESOURCES. THIS HERITAGE, UTILIZING PROPER MULTIUSE
27 MANAGEMENT BY PROFESSIONAL FORESTERS AND PRIVATE INTERESTS, WILL
28 PROVIDE A VITAL SOURCE OF RAW MATERIALS AND JOBS FOR PRESENT AND
29 FUTURE GENERATIONS. HOWEVER, THE COMMONWEALTH HAS NOT MADE THE
30 MOST OF THIS UNIQUE OPPORTUNITY. MOST OF THE MARKETABLE
19870H0188B3700 - 12 -
1 HARDWOODS ARE BEING SHIPPED OUTSIDE THIS COMMONWEALTH AND OUT OF
2 THE COUNTRY, WHERE THEY ARE TRANSFORMED INTO VALUE-ADDED
3 HARDWOOD PRODUCTS, INSTEAD OF BEING PROCESSED IN THIS
4 COMMONWEALTH.
5 (4) THE COMMONWEALTH, IN AN EFFORT TO PROMOTE ECONOMIC
6 DEVELOPMENT, SHOULD TAKE THE INITIATIVE BY ENCOURAGING THE
7 HARDWOOD INDUSTRY TO FURTHER DEVELOP THE SECONDARY MANUFACTURING
8 PROCESS OF HARDWOOD. THIS WILL MAKE FULL USE OF THE VALUABLE AND
9 RENEWABLE TIMBER RESOURCE AND CREATE VITAL JOBS.
10 (5) IT IS THE POLICY OF THE COMMONWEALTH TO ESTABLISH THE
11 COUNCIL FOR THE PURPOSE OF EXPANDING AND PROMOTING THE
12 DEVELOPMENT AND EFFICIENT USAGE OF HARDWOOD TIMBER RESOURCES
13 LOCATED IN THIS COMMONWEALTH.
14 SECTION 2802-D. DEFINITIONS.--THE FOLLOWING WORDS AND
15 PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN
16 TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES
17 OTHERWISE:
18 "COUNCIL" MEANS THE HARDWOODS COUNCIL OF THE COMMONWEALTH
19 ESTABLISHED UNDER SECTION 2803-D.
20 "DEPARTMENT" MEANS THE DEPARTMENT OF COMMERCE OF THE
21 COMMONWEALTH.
22 SECTION 2803-D. COUNCIL.--(A) THE HARDWOODS COUNCIL IS
23 ESTABLISHED WITHIN THE DEPARTMENT. THE COUNCIL SHALL BE COMPOSED
24 OF TWENTY-ONE MEMBERS:
25 (1) FOUR MEMBERS:
26 (I) THE SECRETARY OF AGRICULTURE.
27 (II) THE SECRETARY OF COMMERCE.
28 (III) THE SECRETARY OF ENVIRONMENTAL RESOURCES.
29 (IV) THE STATE FORESTER.
30 (2) FOUR LEGISLATIVE MEMBERS:
19870H0188B3700 - 13 -
1 (I) TWO SENATORS, ONE APPOINTED BY THE PRESIDENT PRO TEMPORE
2 OF THE SENATE AND ONE APPOINTED BY THE MINORITY LEADER OF THE
3 SENATE.
4 (II) TWO REPRESENTATIVES, ONE APPOINTED BY THE SPEAKER OF
5 THE HOUSE OF REPRESENTATIVES AND ONE APPOINTED BY THE MINORITY
6 LEADER OF THE HOUSE OF REPRESENTATIVES.
7 (3) THIRTEEN PUBLIC MEMBERS APPOINTED BY THE GOVERNOR:
8 (I) ONE REPRESENTATIVE OF AN AGRICULTURAL COLLEGE FROM A
9 STATE-RELATED UNIVERSITY.
10 (II) ONE REPRESENTATIVE OF THE FOREST SERVICE OF THE FEDERAL
11 DEPARTMENT OF AGRICULTURE.
12 (III) ONE REPRESENTATIVE OF FURNITURE MANUFACTURERS.
13 (IV) ONE REPRESENTATIVE OF VENEER MANUFACTURERS
14 (V) TWO REPRESENTATIVES OF HARDWOOD PROCESSORS.
15 (VI) TWO REPRESENTATIVES OF NONPROFIT CORPORATIONS WHICH
16 HAVE THE PURPOSE TO PROMOTE AND ENHANCE THE HARDWOOD INDUSTRY IN
17 THIS COMMONWEALTH.
18 (VII) ONE REPRESENTATIVE OF THE PENNSYLVANIA CHAMBER OF
19 BUSINESS AND INDUSTRY.
20 (VIII) ONE REPRESENTATIVE OF THE PENNSYLVANIA FORESTRY
21 ASSOCIATION.
22 (IX) ONE REPRESENTATIVE OF THE PENNSYLVANIA HARDWOOD LUMBER
23 MANUFACTURING ASSOCIATION.
24 (X) ONE REPRESENTATIVE OF PULP AND PAPER MANUFACTURERS.
25 (XI) ONE REPRESENTATIVE OF THE SAW MILL OPERATORS
26 (B) (1) MEMBERS UNDER SUBSECTION (A)(1) SHALL SERVE AS LONG
27 AS THEY ARE IN OFFICE.
28 (2) LEGISLATIVE MEMBERS UNDER SUBSECTION (A)(2) SHALL SERVE
29 TERMS OF TWO YEARS.
30 (3) PUBLIC MEMBERS UNDER SUBSECTION (A)(3) SHALL SERVE THE
19870H0188B3700 - 14 -
1 FOLLOWING TERMS:
2 (I) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(VI) THROUGH (IX)
3 SHALL SERVE TERMS OF TWO YEARS.
4 (II) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(III) THROUGH
5 (V), (X) AND (XI) SHALL SERVE TERMS OF THREE YEARS.
6 (III) PUBLIC MEMBERS UNDER SUBSECTION (A)(3)(I) AND (II)
7 SHALL SERVE TERMS OF FOUR YEARS.
8 (C) MEMBERS UNDER SUBSECTION (A)(1) AND LEGISLATIVE MEMBERS
9 UNDER SUBSECTION (A)(2) MAY APPOINT DESIGNEES TO SERVE ON THE
10 COUNCIL.
11 (D) VACANCIES IN OFFICE SHALL BE FILLED BY THE APPOINTING
12 AUTHORITY WHO MADE THE ORIGINAL APPOINTMENT.
13 (E) THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO BE
14 CHAIRPERSON AND MAY ELECT OTHER OFFICERS AS IT DEEMS NECESSARY.
15 (F) THE COUNCIL SHALL MEET QUARTERLY AND SHALL HOLD SPECIAL
16 MEETINGS AT THE CALL OF THE CHAIRPERSON. ELEVEN MEMBERS
17 CONSTITUTE A QUORUM.
18 (G) MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION.
19 THEY SHALL BE ENTITLED TO REIMBURSEMENT FOR NECESSARY AND
20 REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
21 SECTION 2804-D. FUNCTIONS AND OBJECTIVES.--THE COUNCIL SHALL
22 BE RESPONSIBLE FOR THE DEVELOPMENT, EXPANSION AND PROMOTION OF
23 THE HARDWOOD INDUSTRY IN THIS COMMONWEALTH. THE COUNCIL SHALL
24 SEEK TO MEET THE FOLLOWING OBJECTIVES:
25 (1) TO EXPAND THE HARDWOOD INDUSTRIAL JOB BASE IN THIS
26 COMMONWEALTH. THIS CLAUSE INCLUDES EXPANSION OF EXISTING
27 HARDWOOD JOBS AND RECRUITMENT OF COMPLEMENTARY NEW HARDWOOD
28 MANUFACTURING PROCESS COMPANIES. THE OBJECTIVE STATED IN THIS
29 CLAUSE SHALL LEAD TO RETENTION, EXPANSION AND CREATION OF JOBS,
30 AND THE FOSTERING OF CAPITAL INVESTMENTS IN THE HARDWOOD
19870H0188B3700 - 15 -
1 INDUSTRY IN THIS COMMONWEALTH.
2 (2) TO PROMOTE BETTER EFFICIENCIES OF THE EXISTING HARDWOOD
3 INDUSTRIES TO INCLUDE TECHNOLOGY TRANSFER AND INVESTMENT IN
4 EQUIPMENT NECESSARY TO ENHANCE THE HARDWOOD INDUSTRY.
5 (3) TO PROMOTE BASIC AND LONG-TERM RESEARCH IN WOOD
6 CHARACTERISTICS AND NEW PRODUCT DEVELOPMENT. THIS SHALL INCLUDE
7 RESEARCH AIMED AT ALL SPECIES AND GRADES OF WOODS, INCLUDING
8 THOSE SPECIES THAT ARE UNDERUTILIZED.
9 (4) TO PROVIDE INSTITUTIONAL SUPPORT FOR THE HARDWOOD
10 INDUSTRY OF THIS COMMONWEALTH BY INSURING EFFECTIVE COOPERATION
11 AND COMMUNICATION AMONG GOVERNMENTAL AGENCIES, THE ACADEMIC AND
12 RESEARCH COMMUNITY AND THE HARDWOOD INDUSTRY. THIS CLAUSE
13 INCLUDES INTERNATIONAL ACTIVITY.
14 (5) TO ESTABLISH INFORMATION TRANSFER THROUGH A COMMON DATA
15 BASE AND KNOWLEDGEABLE PERSONNEL TO FURTHER DEVELOP AND ENHANCE
16 THE HARDWOOD INDUSTRY.
17 (6) TO ENCOURAGE LONG-RANGE HARDWOOD DEVELOPMENT IN WAYS
18 WHICH ARE SUSTAINABLE AND ENVIRONMENTALLY SOUND. THIS CLAUSE
19 INCLUDES EDUCATIONAL PROGRAMS PROVIDING KNOWLEDGE IN THE AREA OF
20 FOREST MANAGEMENT AND MARKETING METHODS AND EFFECTIVE PLANNING
21 AND DEVELOPMENT TO PRESERVE TIMBER, A RENEWABLE RESOURCE, FOR
22 MULTIUSE IN A DIVERSIFIED REGIONAL ECONOMY.
23 SECTION 2805-D. POWERS AND DUTIES OF COUNCIL.--THE COUNCIL
24 HAS THE FOLLOWING POWERS AND DUTIES:
25 (1) TO UNDERTAKE AND IMPLEMENT APPROPRIATE MEASURES RELATING
26 TO THE PROMOTION OF THE INDUSTRIAL POTENTIAL OF THE HARDWOOD
27 INDUSTRY IN THIS COMMONWEALTH.
28 (2) TO CREATE PLANS FOR ECONOMIC DEVELOPMENT AND EXPANSION
29 OF THE COMMONWEALTH'S HARDWOOD INDUSTRY.
30 (3) TO DEVELOP A NATIONAL AND INTERNATIONAL MARKETING
19870H0188B3700 - 16 -
1 PROGRAM TO PROMOTE PENNSYLVANIA HARDWOODS AS THE WORLD'S FINEST
2 AND TO ASSIST PENNSYLVANIA'S HARDWOOD MANUFACTURERS AND
3 PROCESSORS IN DEVELOPING NATIONAL AND FOREIGN MARKETS.
4 (4) TO ENCOURAGE COOPERATION AND COORDINATION AMONG FEDERAL,
5 STATE AND LOCAL PROGRAMS. THIS CLAUSE INCLUDES PUBLIC-SECTOR AND
6 PRIVATE-SECTOR PROGRAMS. THIS CLAUSE INCLUDES ACCESS TO THE DATA
7 OF ADMINISTRATIVE AGENCIES UNLESS THE ACCESS IS PROHIBITED BY
8 LAW.
9 (5) TO RECOMMEND TO THE GOVERNOR AND THE GENERAL ASSEMBLY
10 STRUCTURAL CHANGES AND THE UPDATING OF ECONOMIC DELIVERY TOOLS
11 OF STATE GOVERNMENT THAT MAY PROVE BENEFICIAL TO THE HARDWOOD
12 INDUSTRY.
13 (6) TO UNDERTAKE RESEARCH. THIS CLAUSE INCLUDES THE
14 UTILIZATION OF CONSULTANTS RELEVANT TO THE DEVELOPMENT,
15 EXPANSION AND PROMOTION OF THE HARDWOOD INDUSTRY IN THIS
16 COMMONWEALTH.
17 (7) TO MAINTAIN LIAISON WITH, AND PROVIDE NECESSARY
18 FINANCIAL ASSISTANCE IN THE FORMS OF LOANS AND GRANTS TO,
19 APPROPRIATE REGIONAL ORGANIZATIONS WHOSE PRIMARY RULE IS TO
20 PROMOTE THE HARDWOOD INDUSTRY.
21 (8) TO ENTER INTO CONTRACTS TO FULFILL THE FUNCTIONS AND
22 OBJECTIVES OF THE COUNCIL.
23 (9) TO APPOINT FIXED COMPENSATION AND PRESCRIBE DUTIES OF AN
24 EXECUTIVE DIRECTOR, WITH THE APPROVAL OF THE SECRETARY OF
25 COMMERCE, AS IS DEEMED NECESSARY TO ACCOMPLISH THE PURPOSES OF
26 THIS ARTICLE. OTHER PERSONNEL SHALL BE PROVIDED BY THE
27 DEPARTMENT OF COMMERCE.
28 (10) TO ACCEPT GRANTS FROM PUBLIC AND PRIVATE SOURCES.
29 SECTION 2806-D. REPORTS.--THE COUNCIL SHALL MAKE A BIENNIAL
30 WRITTEN REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE
19870H0188B3700 - 17 -
1 STATUS OF THE HARDWOOD INDUSTRY IN THIS COMMONWEALTH. THE FIRST
2 REPORT IS DUE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
3 ARTICLE. THE REPORT SHALL INCLUDE:
4 (1) THE EXTENT TO WHICH THE HARDWOOD INDUSTRY HAS PROVIDED
5 EMPLOYMENT AND INCOME FOR THE RESIDENTS OF THIS COMMONWEALTH.
6 (2) THE ACTIONS TAKEN TO ENHANCE THE PERFORMANCE OF THE
7 HARDWOOD INDUSTRY.
8 (3) RECOMMENDATIONS FOR REVISIONS IN POLICIES, PROGRAMS AND
9 PROCEDURES AND FOR PROPOSED LEGISLATION THAT WILL ENHANCE THE
10 ECONOMIC PERFORMANCE OF THE HARDWOOD INDUSTRY IN THIS
11 COMMONWEALTH.
12 SECTION 5. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
13 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL
14 RESOURCES, IS HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE
15 COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND CONVEY TO THE RIVER
16 ROAD DEVELOPMENT CORPORATION, EASEMENTS ACROSS CERTAIN LANDS OF
17 ROOSEVELT STATE PARK IN THE BOROUGH OF NEW HOPE, FOR A PERIOD
18 NOT TO EXCEED 99 YEARS AND FOR SUCH CONSIDERATION AND SUBJECT TO
19 SUCH TERMS AND CONDITIONS AS THE DEPARTMENT OF ENVIRONMENTAL
20 RESOURCES MAY REASONABLY REQUIRE, FOR THE PURPOSE OF ACCESS TO
21 AND FROM LANDS OF SAID GRANTEE ADJACENT TO SAID PARK AND ALSO
22 FOR THE PURPOSE OF ACCESS TO AND FROM LANDS OF SAID GRANTEE FOR
23 THE PURPOSE OF WATER SUPPLY, SEWAGE DISPOSAL, ELECTIVE SERVICES
24 AND OTHER UTILITIES. THE EASEMENTS TO BE CONVEYED ARE DESCRIBED
25 AS FOLLOWS:
26 (1) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
27 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
28 PENNSYLVANIA CANAL AT MILEPOST 23.840, AND APPROACHES TO AND
29 FROM THE SAME, FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF
30 WATER, SEWER AND ELECTRIC LINES, CABLES AND OTHER UTILITIES.
19870H0188B3700 - 18 -
1 (2) AN EASEMENT OF PASSAGE OVER A PEDESTRIAN BRIDGE CROSSING
2 THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL AT MILEPOST
3 23.812, AND APPROACHES TO AND FROM THE SAME.
4 (3) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
5 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
6 PENNSYLVANIA CANAL AT MILEPOST 23.742, AND APPROACHES TO AND
7 FROM THE SAME FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF
8 WATER, SEWER AND ELECTRIC LINES, CABLES AND OTHER UTILITIES.
9 (4) AN EASEMENT OF USE OVER A VEHICULAR BRIDGE AND
10 APPURTENANCES THERETO CROSSING THE DELAWARE DIVISION OF THE
11 PENNSYLVANIA CANAL AT MILEPOST 23.7, AND APPROACHES TO AND FROM
12 THE SAME FOR THE PURPOSE OF PASSAGE AND ATTACHMENT OF WATER,
13 SEWER AND ELECTRIC LINES, CABLES AND OTHER UTILITIES.
14 (5) AN EASEMENT OF USE UNDER AND THROUGH THE BED AND WATERS
15 OF THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL, FOR A
16 CERTAIN EXISTING EIGHT (8) INCH WATER PIPE, OR ITS REPLACEMENTS,
17 LOCATED APPROXIMATELY SEVENTY-FIVE (75) FEET SOUTH OF THE UNION
18 MILLS LOCK.
19 (B) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
20 THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, IS
21 HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH OF
22 PENNSYLVANIA, TO GRANT AND CONVEY TO THE RIVER ROAD DEVELOPMENT
23 CORPORATION, IN EXCHANGE FOR THE CONVEYANCES DESCRIBED IN
24 SUBSECTIONS (C) AND (D), THE TRACTS OF LAND DESCRIBED AS
25 FOLLOWS:
26 (1) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, SITUATE
27 IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN
28 ON A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS
29 27-9-6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES,
30 INC., AND BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING
19870H0188B3700 - 19 -
1 IDENTIFIED AS DETAIL "A" ON SAID PLAN AND MORE PARTICULARLY
2 BOUNDED AND DESCRIBED AS FOLLOWS:
3 BEGINNING AT A POINT ON THE EXTREME NORTHWEST CORNER OF AN
4 EXISTING BUILDING; THENCE:
5 (I) EXTENDING FROM SAID POINT OF BEGINNING IN A NORTHERLY
6 DIRECTION PARALLEL TO THE WESTERLY FACE OF THE EXISTING
7 BUILDING, NORTH 02 DEGREES 23 MINUTES 01 SECOND WEST, A DISTANCE
8 OF 13.00 FEET TO A POINT ALONG THE WESTERLY PROPERTY LINE AND
9 EASTERLY SIDE OF THE DELAWARE DIVISION OF THE PENNSYLVANIA
10 CANAL, THENCE;
11 (II) CONTINUING ALONG THE EASTERLY SIDE OF THE DELAWARE
12 DIVISION OF THE PENNSYLVANIA CANAL, NORTH 34 DEGREES 47 MINUTES
13 16 SECONDS EAST, A DISTANCE OF 47.29 FEET TO A POINT, THENCE;
14 (III) LEAVING SAID EASTERLY SIDE OF SAID CANAL AND EXTENDING
15 INTO THE NORTHERLY SIDE OF THE EXISTING BUILDING, SOUTH 04
16 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF 51.0613 FEET
17 TO A POINT, THENCE;
18 (IV) EXTENDING THROUGH THE AFOREMENTIONED BUILDING, SOUTH 18
19 DEGREES 42 MINUTES 05 SECONDS WEST, A DISTANCE OF 62.1619 FEET
20 TO A POINT, ON THE WESTERLY FACE OF THE AFOREMENTIONED BUILDING,
21 THENCE;
22 (V) EXTENDING ALONG THE WESTERLY FACE OF THE AFOREMENTIONED
23 BUILDING, NORTH 02 DEGREES 23 MINUTES 01 SECONDS WEST, A
24 DISTANCE OF 58.00 FEET TO A POINT AND FIRST MENTIONED POINT OF
25 BEGINNING.
26 CONSISTING OF 1,400 SQUARE FEET, MORE OR LESS.
27 (2) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
28 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
29 A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-
30 6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC.,
19870H0188B3700 - 20 -
1 AND BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING
2 IDENTIFIED AS DETAIL "B" ON SAID PLAN AND MORE PARTICULARLY
3 BOUNDED AND DESCRIBED AS FOLLOWS:
4 BEGINNING AT A POINT IN THE WESTERLY FACE OF THE EXISTING
5 TWO-STORY BRICK MILL BUILDING AS SHOWN ON THE AFOREMENTIONED
6 SURVEY PLAN AND EXTENDING FROM SAID POINT:
7 (I) NORTH 87 DEGREES 38 MINUTES 41 SECONDS EAST, ALONG THE
8 NORTHERLY FACE OF THIS OFFSET OF THE BUILDING, A DISTANCE OF
9 3.30 FEET TO A POINT, THENCE;
10 (II) EXTENDING THROUGH A PORTION OF THE BUILDING, SOUTH 02
11 DEGREES 21 MINUTES 19 SECONDS EAST, A DISTANCE OF 147.52 FEET,
12 TO A POINT OF INTERSECTION OF ANOTHER OFFSET IN SAID BUILDING,
13 SAID POINT ALSO BEING A POINT IN THE SOUTHERLY FACE OF THE
14 BUILDING, THENCE;
15 (III) EXTENDING THROUGH SAID BUILDING, SOUTH 85 DEGREES 20
16 MINUTES 46 SECONDS WEST, A DISTANCE OF 3.30 FEET TO A POINT IN
17 THE WESTERLY FACE OF SAID BUILDING, THENCE;
18 (IV) EXTENDING ALONG THE WESTERLY FACE OF SAID BUILDING,
19 NORTH 02 DEGREES 21 MINUTES 19 SECONDS WEST, A DISTANCE OF
20 147.52 FEET TO THE POINT OF BEGINNING.
21 CONSISTING OF 486.4 SQUARE FEET, MORE OR LESS.
22 (C) IN EXCHANGE FOR THE CONVEYANCES DESCRIBED IN SUBSECTIONS
23 (A) AND (B), THE DEPARTMENT OF GENERAL SERVICES IS HEREBY
24 AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH OF
25 PENNSYLVANIA, TO ACCEPT FROM THE RIVER ROAD DEVELOPMENT
26 CORPORATION, AFTER MUNICIPAL APPROVAL OF SUBDIVISION AS MAY BE
27 REQUIRED A QUITCLAIM OF ANY AND ALL INTEREST IN THE PARCELS OF
28 LAND SITUATE IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY,
29 PENNSYLVANIA, DESCRIBED AS FOLLOWS, SAID LANDS TO BE
30 ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AS
19870H0188B3700 - 21 -
1 PART OF ROOSEVELT STATE PARK:
2 (1) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
3 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
4 A PLAN TITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-6,
5 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC., AND
6 BEING LAST REVISED JUNE 3, 1987, SAID PARCEL BEING MORE
7 PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
8 BEGINNING AT A POINT, SAID POINT BEING MEASURED THE THREE (3)
9 FOLLOWING COURSES AND DISTANCES FROM A CONCRETE MONUMENT FOUND
10 IN THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH MAIN STREET (L.R.326)
11 (60.00 FEET WIDE), SAID MONUMENT ALSO BEING THE SOUTHERLY
12 PROPERTY CORNER OF TAX MAP PARCEL 27-9-5, NOW OR FORMERLY OF
13 IRENE, HAROLD AND WILLIAM GARDNER:
14 (I) SOUTH 83 DEGREES 37 MINUTES 26 SECONDS WEST, 46.40 FEET,
15 THENCE;
16 (II) NORTH 00 DEGREES 27 MINUTES 13 SECONDS EAST, 480.48
17 FEET, THENCE;
18 (III) NORTH 83 DEGREES 08 MINUTES 09 SECONDS EAST, 83.62
19 FEET; AND THENCE FROM SAID POINT OF BEGINNING:
20 (A) NORTH 01 DEGREES 50 MINUTES 59 SECONDS EAST, 219.14
21 FEET, THENCE;
22 (B) NORTH 13 DEGREES 03 MINUTES 47 SECONDS WEST, 38.03 FEET,
23 THENCE;
24 (C) NORTH 14 DEGREES 29 MINUTES 52 SECONDS EAST, 80.37 FEET,
25 THENCE;
26 (D) SOUTH 77 DEGREES 16 MINUTES 23 SECONDS EAST, 38.33 FEET,
27 TO A POINT IN THE WESTERLY EDGE OF WATER OF THE DELAWARE RIVER,
28 THENCE RUNNING ALONG THE EDGE OF WATER OF THE DELAWARE RIVER;
29 (E) SOUTH 03 DEGREES 33 MINUTES 45 SECONDS WEST, 34.21 FEET,
30 STILL ALONG THE SAME TO A POINT, THENCE;
19870H0188B3700 - 22 -
1 (F) SOUTH 66 DEGREES 58 MINUTES 23 SECONDS WEST, 9.33 FEET,
2 STILL ALONG THE SAME TO A POINT, THENCE;
3 (G) SOUTH 04 DEGREES 47 MINUTES 14 SECONDS WEST, 63.55 FEET,
4 STILL ALONG THE SAME TO A POINT, THENCE;
5 (H) SOUTH 01 DEGREES 23 MINUTES 46 SECONDS EAST, 109.10
6 FEET, STILL ALONG THE SAME TO A POINT, THENCE;
7 (I) SOUTH 00 DEGREES 28 MINUTES 35 SECONDS WEST, 113.81
8 FEET, STILL ALONG THE SAME TO A POINT, THENCE, LEAVING SAID EDGE
9 OF WATER;
10 (J) SOUTH 88 DEGREES 00 MINUTES 48 SECONDS WEST, 41.71 FEET
11 TO THE FIRST MENTIONED POINT OF BEGINNING.
12 CONSISTING OF 0.2952 ACRES, MORE OR LESS.
13 (2) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN
14 THE BOROUGH OF NEW HOPE, BUCKS COUNTY, PENNSYLVANIA, AS SHOWN ON
15 A PLAN ENTITLED, "CERTIFIED SITE SURVEY OF TAX MAP PARCELS 27-9-
16 6, 27-9-5 AND 27-9-4", PREPARED BY J. G. PARK ASSOCIATES, INC.,
17 AND LAST REVISED JUNE 3, 1987, AND BEING MORE PARTICULARLY
18 BOUNDED AND DESCRIBED AS FOLLOWS:
19 BEGINNING AT A POINT ON THE EASTERLY FACE OF AN EXISTING 1.5
20 FOOT WIDE STONE WALL OF THE DELAWARE DIVISION OF THE
21 PENNSYLVANIA CANAL, SAID POINT BEING THE TWO (2) FOLLOWING
22 COURSES AND DISTANCES FROM A CONCRETE MONUMENT ON THE EASTERLY
23 RIGHT-OF-WAY LINE OF SOUTH MAIN STREET:
24 (I) NORTH 04 DEGREES 17 MINUTES 29 SECONDS WEST, A DISTANCE
25 OF 170.00 FEET, THENCE;
26 (II) NORTH 86 DEGREES 44 MINUTES 10 SECONDS EAST, A DISTANCE
27 OF 51.35 FEET; AND THENCE FROM SAID POINT OF BEGINNING:
28 (A) ALONG THE SOUTHERLY PROPERTY LINE OF TAX MAP PARCEL 27-
29 11-5, NOW OR FORMERLY OF R. DOUGLAS AND KAREN GREENE, NORTH 86
30 DEGREES 44 MINUTES 10 SECONDS EAST, A DISTANCE OF 8.92 FEET TO A
19870H0188B3700 - 23 -
1 POINT IN SAID CANAL, THENCE;
2 (B) THROUGH THE DELAWARE DIVISION OF THE PENNSYLVANIA CANAL,
3 SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST, A DISTANCE OF
4 133.27 FEET TO A POINT ON THE EASTERLY FACE OF THE
5 AFOREMENTIONED STONE WALL, THENCE;
6 (C) ALONG SAID FACE OF WALL, NORTH 04 DEGREES 41 MINUTES 48
7 SECONDS WEST, A DISTANCE OF 113.71 FEET TO AN ANGLE POINT IN
8 SAID WALL, THENCE;
9 (D) STILL ALONG SAID WALL, NORTH 04 DEGREES 18 MINUTES 22
10 SECONDS EAST, A DISTANCE OF 19.48 FEET TO THE POINT AND PLACE OF
11 BEGINNING.
12 CONSISTING OF 766 SQUARE FEET, MORE OR LESS.
13 (D) IN FURTHER EXCHANGE FOR THE CONVEYANCES DESCRIBED IN
14 SUBSECTIONS (A) AND (B), THE DEPARTMENT OF ENVIRONMENTAL
15 RESOURCES IS HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE
16 COMMONWEALTH OF PENNSYLVANIA, TO ACCEPT FROM THE RIVER ROAD
17 DEVELOPMENT CORPORATION, AN EASEMENT OF PASSAGE OVER LANDS OF
18 THE GRANTOR IN THE BOROUGH OF NEW HOPE, BUCKS COUNTY,
19 PENNSYLVANIA, AT A LOCATION AND UPON TERMS SATISFACTORY TO THE
20 DEPARTMENT OF ENVIRONMENTAL RESOURCES, SAID EASEMENT TO PROVIDE
21 VEHICULAR ACCESS TO AND FROM THE TOWPATH OF THE DELAWARE
22 DIVISION OF THE PENNSYLVANIA CANAL FOR THE PURPOSE OF
23 ADMINISTRATION AND MAINTENANCE OF SAID TOWPATH AND CANAL.
24 (E) THE DEEDS OF GRANT OR CONVEYANCE DESCRIBED IN
25 SUBSECTIONS (A) AND (B) SHALL BE APPROVED AS REQUIRED BY LAW AND
26 SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE
27 NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
28 (F) COSTS AND FEES INCIDENTAL TO THE CONVEYANCES DESCRIBED
29 IN THIS ACT SECTION SHALL BE BORNE BY THE RIVER ROAD DEVELOPMENT <--
30 CORPORATION.
19870H0188B3700 - 24 -
1 (G) THE RIGHTS OF THE RIVER ROAD DEVELOPMENT CORPORATION
2 SHALL INURE TO IT, ITS SUCCESSORS, ASSIGNS AND LICENSEES.
3 SECTION 6. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
4 APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
5 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO SELL AND CONVEY
6 TO VINCENT AND REGINA GALLAGHER OF EAST ALLEN TOWNSHIP,
7 NORTHAMPTON COUNTY, PENNSYLVANIA, FOR A CONSIDERATION OF $100,
8 THE FOLLOWING TRACT OF LAND SITUATE IN EAST ALLEN TOWNSHIP,
9 NORTHAMPTON COUNTY, PENNSYLVANIA, DESCRIBED IN A PLAN OF SURVEY,
10 BEING TRACT NO. 2 OF THE MINOR SUBDIVISION PLAN PREPARED FOR THE
11 COMMONWEALTH OF PENNSYLVANIA, DATED JUNE 23, 1987, BY MARTIN H.
12 SCHULER CO., ENGINEERS AND SURVEYORS, ALLENTOWN, PENNSYLVANIA,
13 AND BOUNDED AND DESCRIBED AS FOLLOWS:
14 BEGINNING AT A POINT MARKED BY A RAILROAD SPIKE AT OR NEAR
15 THE CENTER LINE OF WEAVERSVILLE ROAD (L.R.48049) IN LINE WITH
16 LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AND VINCENT AND REGINA
17 GALLAGHER; THENCE EXTENDING ALONG LANDS OF VINCENT AND REGINA
18 GALLAGHER, NORTH 55 DEGREES 45 MINUTES 00 SECONDS EAST 42.07
19 FEET TO A POINT MARKED BY A RAILROAD SPIKE; THENCE EXTENDING
20 ALONG LANDS OF VINCENT AND REGINA GALLAGHER, NORTH 87 DEGREES 00
21 MINUTES 00 SECONDS EAST 52.93 FEET TO A POINT; THENCE EXTENDING
22 ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, SOUTH 32
23 DEGREES 15 MINUTES 00 SECONDS WEST, 69.13 FEET TO THE CENTER
24 LINE OF WEAVERSVILLE ROAD; THENCE EXTENDING NORTH 57 DEGREES 45
25 MINUTES 00 SECONDS WEST 60 FEET TO A POINT, THE PLACE OF
26 BEGINNING.
27 CONTAINING 2,651.47 SQUARE FEET.
28 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
29 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
30 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
19870H0188B3700 - 25 -
1 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
2 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
3 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
4 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
5 (C) THE PROCEEDS OF THIS SALE SHALL BE PAID INTO THE STATE
6 TREASURY.
7 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
8 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
9 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
10 (E) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
11 BORNE BY THE GRANTEE.
12 SECTION 7. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
13 APPROVAL OF THE GOVERNOR AND THE SECRETARY OF ENVIRONMENTAL
14 RESOURCES, IS AUTHORIZED AND DIRECTED ON BEHALF OF THE
15 COMMONWEALTH OF PENNSYLVANIA TO SELL AND CONVEY TO PERRY'S
16 LANDING LTD. NO.1, A PENNSYLVANIA LIMITED PARTNERSHIP, ITS
17 SUCCESSORS AND ASSIGNS, FOR A CONSIDERATION OF $64,440, THE
18 FOLLOWING TRACT OF LAND SITUATE IN PRESQUE ISLE BAY, ERIE
19 COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
20 TO PERRY'S LANDING LTD. NO.1
21 ALL LANDS ON AN ENCROACHMENT INTO PRESQUE ISLE BAY KNOWN AS
22 PIER 1 BETWEEN RASPBERRY AND CASCADE STREETS LOCATED WITHIN THE
23 AREA BEGINNING AT THE INTERSECTION OF (1) A LINE PRODUCED BY
24 EXTENDING THE LINE BETWEEN WATER LOTS 254 AND 255 SHOWN ON THE
25 MAP OF THE WATER LOTS IN FRONT OF THE SECOND SECTION OF THE TOWN
26 OF ERIE, BY WILSON KING, SURVEYOR, PREPARED PURSUANT TO ORDER OF
27 THE COMMISSIONER OF SALES IN PURSUANCE OF THE ACT OF JANUARY 23,
28 1838 (P.L.6, NO.6), ENTITLED "AN ACT AUTHORIZING THE LAYING OUT
29 OF WATER LOTS, AND THE SALE OF THE SAME, IN THE SECOND SECTION
30 OF THE TOWN OF ERIE," A LITHOGRAPH OR TRACING OF SAID MAP BEING
19870H0188B3700 - 26 -
1 IN THE FILES OF THE DIVISION OF LAND RECORDS OF THE BUREAU OF
2 ARCHIVES AND HISTORY OF THE PENNSYLVANIA HISTORICAL AND MUSEUM
3 COMMISSION, AND (2) A LINE 1712.58 FEET NORTH OF AND PARALLEL TO
4 THE CENTER LINE OF WEST SECOND STREET OF THE CITY OF ERIE;
5 THENCE IN A NORTHERLY DIRECTION A DISTANCE OF 280 FEET ALONG THE
6 LINE EXTENSION FROM BETWEEN WATER LOTS 254 AND 255 TO A POINT;
7 THENCE IN AN EASTERLY DIRECTION A DISTANCE OF 264 FEET ALONG A
8 LINE PARALLEL WITH THE CENTER LINE OF WEST SECOND STREET TO A
9 POINT IN A LINE CREATED BY EXTENDING NORTHWARD THE LINE BETWEEN
10 WATER LOTS 247 AND 246 AS SHOWN ON SAID MAP; THENCE IN A
11 SOUTHERLY DIRECTION A DISTANCE OF 280 FEET ALONG A LINE PRODUCED
12 BY EXTENSION OF THE LINE BETWEEN WATER LOTS 247 AND 246 ON SAID
13 MAP TO A POINT WHERE SAID EXTENSION LINE INTERSECTS WITH THE
14 LINE 1712.58 FEET NORTH OF AND PARALLEL TO WEST SECOND STREET;
15 AND THENCE IN A WESTERLY DIRECTION A DISTANCE OF 264 FEET ALONG
16 A LINE PARALLEL WITH THE CENTER LINE OF WEST SECOND STREET TO
17 THE POINT AND PLACE OF BEGINNING.
18 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
19 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
20 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA. THE DEED OF
21 CONVEYANCE AS AUTHORIZED BY THIS ACT SHALL INCLUDE LANDS
22 APPURTENANT TO THE ENCROACHMENT AS MAY BE DEEMED NECESSARY BY
23 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO CONSTRUCT AND
24 MAINTAIN ADDITIONAL TIMBER CRIBBING, STONE FACING AND VERTICAL
25 BULKHEADS TO STABILIZE THE EDGES OF THE PIER. THE DEED SHALL
26 FURTHER CONTAIN COVENANTS ASSURING ADEQUATE PROVISIONS TO
27 PROVIDE FREE PUBLIC ACCESS TO THE BAYFRONT FOR FISHING AND
28 RECREATION FROM THE OVERALL PROJECT DEVELOPED ON THE SITE BY THE
29 GRANTEES AND TO BE MAINTAINED BY THE GRANTEES, AS SET FORTH IN A
30 PLOT PLAN RECORDED WITH THE DEED, INCLUDING, BUT NOT LIMITED TO:
19870H0188B3700 - 27 -
1 (1) FREE PARKING FOR 50 CARS FOR ACCESS TO THE SITE ON A
2 LOCATION ADJACENT TO THE ERIE BAYFRONT HIGHWAY;
3 (2) PUBLIC WALKWAYS, INCLUDING WATER EDGE PROMENADES AT
4 LEAST 12 FEET WIDE, PROVIDING FREE ACCESS TO THE MARINA FOR
5 FISHING AND WALKING, AN ENCROACHMENT INTO THE BAY AT THE FOOT
6 OF CASCADE STREET KNOWN AS PIER 2, LANDS OF THE COMMONWEALTH
7 ON AN ENCROACHMENT INTO THE BAY AT THE FOOT OF PLUM STREET
8 KNOWN AS PIER 3 AND CONNECTING WITH THE PUBLIC PARKING AREA;
9 (3) A WETLANDS PRESERVE IN THE DELTA OF CASCADE CREEK
10 WHICH SHALL BE MAINTAINED BY THE GRANTEES TO PROTECT THE
11 NATURAL RESOURCES OF THE WETLANDS AREA FROM ENCROACHMENTS,
12 INCURSIONS AND DEGRADATION; TO PERMIT FREE PUBLIC ACCESS, TO
13 PROVIDE THAT IF RECREATIONAL DEVELOPMENT OCCURS IT BE DONE IN
14 A MANNER WHICH MINIMIZES ECOLOGICAL IMPACTS, TO MAINTAIN THE
15 AESTHETIC APPEARANCE OF THE WETLANDS PRESERVE AND TO REMOVE
16 LITTER AND DEBRIS;
17 (4) A FREE PUBLIC RECREATIONAL AREA AT THE TIP OF PIER 3
18 AND ON 0.716 ACRES OF LAND IMMEDIATELY ADJACENT TO SUCH
19 LANDS, AS AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL
20 RESOURCES, SUITABLE FOR FISHING AND PICNICKING TO BE
21 DEVELOPED WITHIN A REASONABLE TIME AFTER ISSUANCE OF A PERMIT
22 FOR DEVELOPMENT OF THE AREA BY THE DEPARTMENT OF
23 ENVIRONMENTAL RESOURCES;
24 (5) REASONABLE FREE ACCOMMODATIONS FOR PUBLIC FISHING,
25 INCLUDING A FISHING PIER CONSTRUCTED INTO THE BAY FROM THE
26 PUBLIC RECREATIONAL AREA ON PIER 3 AS AUTHORIZED BY THE
27 DEPARTMENT OF ENVIRONMENTAL RESOURCES; AND
28 (6) A RECREATIONAL MARINA TO BE CONSTRUCTED BETWEEN
29 PIERS 1 AND 2 AND PIERS 2 AND 3.
30 (C) NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT THE
19870H0188B3700 - 28 -
1 AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES UNDER THE
2 ACT OF JUNE 25, 1937 (P.L.2116, NO.425), ENTITLED "AN ACT
3 DECLARING CERTAIN RIGHTS, GRANTS, AND PRIVILEGES IN THE BEDS OF
4 NAVIGABLE WATERS, WITHIN AND ON THE BOUNDARIES OF THIS
5 COMMONWEALTH, VOID; VESTING POWER IN THE DEPARTMENT OF FORESTS
6 AND WATERS, THE WATER AND POWER RESOURCES BOARD, AND THE
7 PENNSYLVANIA STATE PARK AND HARBOR COMMISSION TO REVOKE AND
8 DECLARE VOID SUCH RIGHTS, GRANTS, AND PRIVILEGES, AND PROVIDING
9 THE PROCEDURE IN SUCH CASES."
10 (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO CONSTITUTE A
11 PRECEDENT OR GENERAL PUBLIC POLICY WITH RESPECT TO THE SALE OF
12 PUBLIC LANDS WITHIN THE PUBLIC DOMAIN OR THE MANAGEMENT OF
13 FILLED AREAS LOCATED ON SUBMERGED LANDS OF THE COMMONWEALTH
14 WITHIN PRESQUE ISLE BAY OR ELSEWHERE.
15 (E) COSTS AND FEES INCIDENTAL TO THE CONVEYANCE SHALL BE
16 BORNE BY THE GRANTEES.
17 SECTION 8. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
18 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF TRANSPORTATION,
19 IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH
20 OF PENNSYLVANIA TO GRANT AND CONVEY TO THE COUNTY COMMISSIONERS
21 OF LACKAWANNA COUNTY, FOR A CONSIDERATION OF $120,750, THE <--
22 FOLLOWING TRACT OF LAND SITUATE IN THE BOROUGH OF MOOSIC,
23 LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
24 FOLLOWS:
25 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
26 BOROUGH OF MOOSIC, LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND
27 DESCRIBED AS FOLLOWS:
28 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
29 MONTAGE ACCESS ROAD OPPOSITE CENTER LINE STATION 242+00; THENCE
30 FROM THE BEGINNING AND ALONG LANDS OF THE LACKAWANNA COUNTY
19870H0188B3700 - 29 -
1 MULTI-PURPOSE STADIUM AUTHORITY NORTH 65 DEGREES 00 MINUTES 00
2 SECONDS EAST 520.00 FEET TO A CORNER; THENCE NORTH 25 DEGREES 00
3 MINUTES 00 SECONDS WEST 470.00 FEET TO A CORNER; THENCE SOUTH 65
4 DEGREES 00 MINUTES 00 SECONDS WEST 409.42 FEET TO A CORNER ON
5 THE EASTERLY RIGHT-OF-WAY LINE OF THE MONTAGE ACCESS ROAD;
6 THENCE ALONG SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT
7 HAVING AN ARC LENGTH OF 391.03 FEET AND A RADIUS OF 630.00 FEET
8 AND A CHORD BEARING SOUTH 08 DEGREES 08 MINUTES 37 SECONDS EAST
9 384.79 FEET TO A CORNER; THENCE ON A CURVE TO THE RIGHT HAVING
10 AN ARC LENGTH OF 101.75 FEET AND A RADIUS OF 8070.00 FEET AND A
11 CHORD BEARING SOUTH 25 DEGREES 33 MINUTES 49 SECONDS EAST 101.75
12 FEET TO THE POINT OF BEGINNING.
13 CONTAINING 5.3638 ACRES, MORE OR LESS.
14 AS SHOWN ON A MAP OF LANDS OF THE LACKAWANNA COUNTY MULTI-
15 PURPOSE STADIUM AUTHORITY, THE BOROUGH OF MOOSIC, LACKAWANNA
16 COUNTY, PENNSYLVANIA, DATED AUGUST 12, 1986, PREPARED BY G.S.G.S
17 & B, INC., ARCHITECTS, ENGINEERS AND PLANNERS, CLARKS SUMMIT,
18 PENNSYLVANIA.
19 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
20 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
21 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
22 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
23 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
24 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
25 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
26 (C) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
27 PROPERTY CONVEYED SHALL BE USED FOR THE LACKAWANNA COUNTY MULTI-
28 PURPOSE STADIUM, AND IF AT ANY TIME THE COUNTY COMMISSIONERS OF
29 LACKAWANNA COUNTY OR ITS SUCCESSOR IN FUNCTION CONVEYS THE
30 PROPERTY TO ANY PERSON OR ENTITY OTHER THAN THE LACKAWANNA
19870H0188B3700 - 30 -
1 COUNTY MULTI-PURPOSE STADIUM AUTHORITY OR PERMITS THE PROPERTY
2 TO BE USED FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED IN THIS
3 SECTION, THE TITLE TO THE PROPERTY SHALL IMMEDIATELY REVERT TO
4 AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
5 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
6 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
7 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
8 (E) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
9 BORNE BY THE GRANTEE.
10 SECTION 9. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
11 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE,
12 IS AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
13 PENNSYLVANIA TO GRANT AND CONVEY TO KIRWAN HEIGHTS VOLUNTEER
14 FIRE DEPARTMENT, FOR A CONSIDERATION OF $25,000 $23,500, THE <--
15 FOLLOWING TRACT OF LAND SITUATE IN COLLIER TOWNSHIP, ALLEGHENY
16 COUNTY, PENNSYLVANIA, DESCRIBED AS FOLLOWS:
17 BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF PA.
18 ROUTE 50 (L.R.108), SAID POINT BEING LOCATED 30.00 FEET EAST OF
19 CENTER LINE P.O.C. STATION 284+20.94 OF PA. ROUTE 50 (L.R.108);
20 THENCE ALONG SAID RIGHT-OF-WAY BY A CURVE TO THE LEFT WITH A
21 RADIUS OF 11,429.19 FEET AND AN ARC OF 33.02 FEET TO A POINT ON
22 TANGENT; THENCE STILL ALONG SAID RIGHT-OF-WAY NORTH 30 DEGREES
23 43 MINUTES 39 SECONDS EAST, A DISTANCE OF 132.15 FEET TO A
24 POINT; THE P.C. OF A CURVE, CURVING TO THE LEFT WITH A RADIUS OF
25 3,304.17 FEET AND AN ARC DISTANCE OF 381.50 FEET TO A POINT, THE
26 P.R.C. OF A CURVE IN THE EAST RIGHT-OF-WAY OF L.R.108 AND THE
27 SOUTH RIGHT-OF-WAY OF L.R.802; THENCE ALONG SAID CURVE, CURVING
28 TO THE RIGHT WITH A RADIUS OF 70.00 FEET AND AN ARC DISTANCE OF
29 61.27 FEET TO A POINT IN SAID SOUTH RIGHT-OF-WAY LINE OF
30 L.R.802; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG THE WEST
19870H0188B3700 - 31 -
1 RIGHT-OF-WAY OF CHARTIERS CREEK BY A CURVE CURVING TO THE LEFT
2 WITH A RADIUS OF 1,100.00 FEET AND AN ARC DISTANCE OF 250.25
3 FEET TO A POINT OF TANGENT; THENCE SOUTH 00 DEGREES 33 MINUTES 6
4 SECONDS WEST A DISTANCE OF 100.31 FEET TO THE P.C. OF A CURVE
5 CURVING TO THE RIGHT, WITH A RADIUS OF 400.00 FEET AND AN ARC
6 DISTANCE OF 108.11 FEET TO A POINT IN THE NORTH LINE OF THE
7 ALLEGHENY COUNTY HOME RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-
8 WAY NORTH 73 DEGREES 57 MINUTES 46 SECONDS WEST A DISTANCE OF
9 35.00 FEET TO A POINT, THE P.C. OF A CURVE CURVING TO THE RIGHT,
10 WITH A RADIUS OF 365.00 FEET AND AN ARC OF 16.00 FEET TO A POINT
11 ON SAID CURVE; THENCE STILL ALONG SAID RIGHT-OF-WAY SOUTH 74
12 DEGREES 33 MINUTES 24 SECONDS WEST A DISTANCE OF 225.83 FEET TO
13 THE POINT OF BEGINNING.
14 CONTAINING 1.305 ACRES, MORE OR LESS.
15 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
16 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
17 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
18 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
19 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
20 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
21 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
22 (C) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
23 PROPERTY CONVEYED SHALL BE USED FOR A VOLUNTEER FIRE STATION BY
24 KIRWAN HEIGHTS VOLUNTEER FIRE DEPARTMENT AND IF AT ANY TIME THE
25 KIRWAN HEIGHTS VOLUNTEER FIRE DEPARTMENT OR ITS SUCCESSOR IN
26 FUNCTION CONVEYS THE PROPERTY OR PERMITS THE PROPERTY TO BE USED
27 FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED IN THIS SECTION, THE
28 TITLE TO THE PROPERTY SHALL IMMEDIATELY REVERT TO AND REVEST IN
29 THE COMMONWEALTH OF PENNSYLVANIA.
30 (D) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
19870H0188B3700 - 32 -
1 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
2 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
3 (E) COSTS AND FEES INCIDENTAL TO THESE CONVEYANCES SHALL BE
4 BORNE BY THE GRANTEES.
5 SECTION 10. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH
6 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC
7 WELFARE, IS AUTHORIZED AND DIRECTED ON BEHALF OF THE
8 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE URBAN
9 REDEVELOPMENT AUTHORITY OF PITTSBURGH FOR A CONSIDERATION OF
10 ONE-HALF THE FAIR MARKET VALUE AS DETERMINED BY AN APPRAISAL OR
11 THE REMAINING BOND INDEBTEDNESS ON THE SUBJECT PROPERTY,
12 WHICHEVER IS GREATER, THE FOLLOWING DESCRIBED TRACT OF LAND
13 SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY COUNTY,
14 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
15 FIRST
16 ALL THOSE CERTAIN LOTS OR PARCELS OF GROUND SITUATE IN THE
17 FIFTH WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND
18 COMMONWEALTH OF PENNSYLVANIA, BEING LOTS NOS. 1 TO 16 INCLUSIVE,
19 LOT NO. 60 AND LOTS NOS. 63 AND 64 IN THE WM. V. CALLERY PLAN,
20 AS RECORDED IN THE RECORDER'S OFFICE OF ALLEGHENY COUNTY IN PLAN
21 BOOK VOLUME 13, PAGES 114 AND 115, BEING BOUNDED AND DESCRIBED
22 AS FOLLOWS, TO-WIT:
23 LOTS NOS. 1 TO 16 INCLUSIVE:
24 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RIDGEWAY STREET
25 (FORMERLY RIDGE STREET) AT THE NORTHWEST CORNER OF LOT NO. 1 AND
26 THE WESTERLY LINE OF SAID PLAN OF LOTS AND LINE OF LAND NOW OR
27 LATE OF WILLIAM MCCONWAY; THENCE NORTHEASTWARDLY ALONG THE
28 SOUTHERLY LINE OF SAID RIDGEWAY STREET 434.11 FEET TO A POINT ON
29 THE WESTERLY LINE OF MARCELLA STREET; THENCE SOUTHWARDLY ALONG
30 THE WESTERLY LINE OF SAID MARCELLA STREET, 102.44 FEET TO A
19870H0188B3700 - 33 -
1 POINT ON THE NORTHERLY LINE OF A 20 FOOT WAY; THENCE
2 SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID 20 FEET WAY
3 401.44 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LOT NO. 1
4 IN SAID PLAN OF LOTS; AND THENCE NORTHWESTWARDLY ALONG THE
5 WESTERLY LINE OF SAID LOT NO. 1, ALONG THE WESTERLY LINE OF SAID
6 PLAN OF LOTS AND ALONG LINE OF LAND NOW OR LATE OF THE
7 AFOREMENTIONED WILLIAM MCCONWAY, 95.17 FEET TO THE POINT ON THE
8 SOUTHERLY LINE OF RIDGEWAY STREET AT THE PLACE OF BEGINNING.
9 LOT NO. 60:
10 BEGINNING AT A POINT ON THE NORTHERLY LINE OF WHITE STREET AT
11 THE DIVIDING LINE BETWEEN LOTS NOS. 59 AND 60 IN SAID PLAN OF
12 LOTS; THENCE SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID
13 WHITE STREET 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN
14 LOTS NOS. 60 AND 61 IN SAID PLAN OF LOTS; THENCE NORTHWESTWARDLY
15 ALONG SAID LAST MENTIONED DIVIDING LINE 91.67 FEET TO A POINT ON
16 THE SOUTHERLY LINE OF A 20 FOOT WAY; THENCE NORTHEASTWARDLY
17 ALONG THE SOUTHERLY LINE OF SAID 20 FOOT WAY 25 FEET TO A POINT
18 AT THE DIVIDING LINE BETWEEN LOTS NOS. 59 AND 60 IN SAID PLAN OF
19 LOTS; AND THENCE SOUTHEASTWARDLY ALONG SAID LAST MENTIONED
20 DIVIDING LINE 91.67 FEET TO A POINT ON THE NORTHERLY LINE OF
21 WHITE STREET AT THE PLACE OF BEGINNING.
22 LOTS NOS. 63 AND 64:
23 BEGINNING AT A POINT ON THE NORTHERLY LINE OF WHITE STREET AT
24 THE DIVIDING LINE BETWEEN LOTS NOS. 62 AND 63 IN SAID PLAN OF
25 LOTS; THENCE SOUTHWESTWARDLY ALONG THE NORTHERLY LINE OF SAID
26 WHITE STREET 63.89 FEET TO A POINT AT THE SOUTHWESTERLY CORNER
27 OF LOT NO. 64 IN SAID PLAN OF LOTS; THENCE NORTHWESTWARDLY ALONG
28 THE WESTERLY LINE OF SAID LOT NO. 64, ALONG THE WESTERLY LINE OF
29 SAID PLAN OF LOTS AND ALONG LINE OF LAND NOW OR LATE OF WILLIAM
30 MCCONWAY 91.83 FEET TO A POINT ON THE SOUTHERLY LINE OF A 20
19870H0188B3700 - 34 -
1 FOOT WAY; THENCE NORTHEASTWARDLY ALONG THE SOUTHERLY LINE OF
2 SAID 20 FOOT WAY 58.44 FEET TO A POINT AT THE DIVIDING LINE
3 BETWEEN LOTS NOS. 62 AND 63 IN SAID PLAN OF LOTS; AND THENCE
4 SOUTHEASTWARDLY ALONG SAID LAST MENTIONED DIVIDING LINE, 91.67
5 FEET TO THE POINT ON THE NORTHERLY LINE OF WHITE STREET AT THE
6 PLACE OF BEGINNING. THE ABOVE DESCRIBED PROPERTIES BEING THE
7 SAME PROPERTIES AS CONVEYED TO THE TUBERCULOSIS LEAGUE OF
8 PITTSBURGH BY THE FOLLOWING DEEDS:
9 1. FROM JAMES D. CALLERY ET UX, ET AL, DATED APRIL 9, 1932 AND
10 RECORDED JUNE 16, 1932 IN DEED BOOK VOLUME 2472, PAGE 61.
11 2. FROM JOSEPH Z. PORTER ET UX, DATED MAY 11, 1927, RECORDED
12 MAY 12, 1927 IN DEED BOOK VOLUME 2316, PAGE 548.
13 3. FROM WILLIE CLAUDE HIGHTOWER ET UX, DATED MAY 11, 1927,
14 RECORDED MAY 12, 1927 IN DEED BOOK VOLUME 2316, PAGE 547.
15 4. FROM WILLIAM MCCONWAY ET UX, DATED MARCH 29, 1912, RECORDED
16 OCTOBER 22, 1912 IN DEED BOOK VOLUME 1754, PAGE 207.
17 BLOCK NO. 258, LOT NO. 98, FOR 5TH WARD PROPERTY.
18 SECOND
19 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE SIXTH
20 WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND COMMONWEALTH
21 OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS:
22 BEGINNING AT A POINT AT THE SOUTHWESTERLY CORNER OF BIGELOW
23 BOULEVARD (FORMERLY GRANT BOULEVARD) AS WIDENED BY ORDINANCE NO.
24 556 OF THE CITY OF PITTSBURGH, APPROVED DECEMBER 2, 1938, AND
25 RECORDED IN ORDINANCE BOOK VOLUME 49, PAGE 340, AND MORGAN
26 STREET (FORMERLY BLAKELEY STREET); THENCE ALONG THE
27 SOUTHEASTERLY LINE OF SAID BIGELOW BOULEVARD SOUTH 62 DEGREES 48
28 MINUTES 17 SECONDS WEST, 200.50 FEET TO THE POINT ON LINE OF
29 LAND OF THE CITY OF PITTSBURGH; THENCE ALONG LINE OF LAND OF THE
30 CITY OF PITTSBURGH SOUTH 27 DEGREES 11 MINUTES 43 SECONDS EAST,
19870H0188B3700 - 35 -
1 136.80 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE
2 AFOREMENTIONED MORGAN STREET; AND THENCE ALONG THE NORTHWESTERLY
3 LINE OF SAID MORGAN STREET, NORTH 28 DEGREES 29 MINUTES 57
4 SECONDS EAST 242.72 FEET TO THE POINT AT THE SOUTHWESTERLY
5 CORNER OF BIGELOW BOULEVARD AND MORGAN STREET AT THE PLACE OF
6 BEGINNING. BLOCK 25-S, LOT 104.
7 SUBJECT TO A STREET 30 FEET WIDE KNOWN AS JUDSON STREET
8 (FORMERLY JEREMY STREET ) RUNNING SOUTHWESTWARDLY THROUGH SAID
9 PROPERTY FROM MORGAN STREET TO THE SOUTHWESTERLY LINE OF THE LOT
10 HEREINABOVE DESCRIBED.
11 SUBJECT TO SLOPES FOR SAID BIGELOW BOULEVARD AS SAME ARE
12 FIXED IN ORDINANCE NO. 163 OF THE CITY OF PITTSBURGH, APPROVED
13 MARCH 29, 1939, RECORDED IN ORDINANCE BOOK VOLUME 49, PAGE 614.
14 THIRD
15 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE SIXTH
16 WARD OF THE CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND
17 COMMONWEALTH OF PENNSYLVANIA, BEING LOTS NOS. 1 TO 28 INCLUSIVE
18 IN JONES, JEREMY AND SCULLY PLAN, AS RECORDED IN THE RECORDER'S
19 OFFICE OF ALLEGHENY COUNTY IN PLAN BOOK VOLUME 4, PAGES 152 AND
20 153, BEING BOUNDED AND DESCRIBED AS FOLLOWS:
21 BEGINNING AT A POINT AT THE NORTHEASTERLY CORNER OF RIDGEWAY
22 STREET (FORMERLY RIDGE STREET) AND MORGAN STREET (FORMERLY
23 BLAKELEY STREET); THENCE ALONG THE NORTHWESTERLY LINE OF SAID
24 RIDGEWAY STREET NORTH 60 DEGREES 56 MINUTES 57 SECONDS EAST
25 458.24 FEET TO A POINT ON THE DENNY MANOR LINE; THENCE ALONG THE
26 DENNY MANOR LINE NORTH 59 DEGREES 40 MINUTES 3 SECONDS WEST
27 246.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE
28 AFOREMENTIONED MORGAN STREET; AND THENCE ALONG THE SOUTHEASTERLY
29 LINE OF SAID MORGAN STREET SOUTH 28 DEGREES 29 MINUTES 57
30 SECONDS WEST 394.56 FEET TO THE POINT AT THE NORTHEASTERLY
19870H0188B3700 - 36 -
1 CORNER OF RIDGEWAY STREET AND MORGAN STREET AT THE PLACE OF
2 BEGINNING. BLOCK 25-S, LOT NO. 98.
3 THE SECOND AND THIRD DESCRIBED PROPERTIES BEING THE SAME
4 PROPERTIES WHICH ANDREW CARNEGIE ET AL TRUSTEES UNDER WILL OF
5 MARY E. SCHENLEY, DECEASED, BY DEED DATED FEBRUARY 2, 1916 AND
6 RECORDED MARCH 2, 1916, IN DEED BOOK VOLUME 1836, PAGE 625,
7 GRANTED AND CONVEYED UNTO THE TUBERCULOSIS LEAGUE OF PITTSBURGH.
8 FOURTH
9 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE FIFTH
10 WARD, CITY OF PITTSBURGH, COUNTY OF ALLEGHENY AND COMMONWEALTH
11 OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED ACCORDING TO UNITED
12 STATES STANDARD MEASURE AS FOLLOWS:
13 BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BEDFORD
14 AVENUE AT LINE OF LAND NOW OR LATE OF HENRY W. OLIVER, JR., SAID
15 POINT BEING THE WESTERLY LINE OF THE WM. V. CALLERY PLAN,
16 RECORDED IN THE RECORDER'S OFFICE OF ALLEGHENY COUNTY IN PLAN
17 BOOK VOLUME 13, PAGES 114 AND 115 AND DISTANT ALONG THE
18 NORTHWESTERLY LINE OF SAID BEDFORD AVENUE SOUTH 60 DEGREES 56
19 MINUTES 57 SECONDS WEST, 130.15 FEET FROM THE NORTHWESTERLY LINE
20 OF SAID BEDFORD AVENUE AND TULSA STREET; THENCE ALONG THE
21 NORTHWESTERLY LINE OF SAID BEDFORD AVENUE SOUTH 60 DEGREES 56
22 MINUTES 57 SECONDS WEST 229.10 FEET TO A POINT; THENCE ALONG
23 OTHER LAND OF THE PARTY OF THE FIRST PART THE FOLLOWING 5
24 COURSES AND DISTANCES: NORTH 25 DEGREES 54 MINUTES 33 SECONDS
25 WEST, 261.24 FEET TO A POINT; SOUTH 78 DEGREES 36 MINUTES 32
26 SECONDS WEST, 37.98 FEET TO A POINT; NORTH 25 DEGREES 54 MINUTES
27 33 SECONDS WEST, 95.00 FEET TO A POINT; SOUTH 64 DEGREES 05
28 MINUTES 27 SECONDS WEST, 101.11 FEET TO A POINT; SOUTH 25
29 DEGREES 46 MINUTES 53 SECONDS EAST, 105.63 FEET TO A POINT ON
30 LINE OF LAND OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH
19870H0188B3700 - 37 -
1 AT THE CENTER LINE OF A 20 FOOT RIGHT-OF-WAY DESCRIBED IN DEED
2 FROM THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH TO THE
3 TUBERCULOSIS LEAGUE OF PITTSBURGH, DATED NOVEMBER 7, 1952 AND
4 RECORDED IN THE RECORDER'S OFFICE OF ALLEGHENY COUNTY IN DEED
5 BOOK VOLUME 3247, PAGE 194; THENCE ALONG LINE OF LAND OF THE
6 HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, SOUTH 64 DEGREES 03
7 MINUTES 07 SECONDS WEST 155.12 FEET TO A POINT ON THE
8 NORTHEASTERLY LINE OF MORGAN STREET NOW VACATED; THENCE ALONG
9 THE NORTHEASTERLY LINE OF SAID MORGAN STREET NORTH 25 DEGREES 46
10 MINUTES 53 SECONDS WEST, 149.32 FEET TO A POINT; THENCE ALONG
11 LINE OF LAND NOW OR LATE OF HARDING HARSTON NORTH 64 DEGREES 03
12 MINUTES 07 SECONDS EAST 44.24 FEET TO A POINT; THENCE ALONG THE
13 SAME NORTH 25 DEGREES 46 MINUTES 53 SECONDS WEST, 54.92 FEET TO
14 A POINT ON THE SOUTHEASTERLY LINE OF RIDGEWAY STREET (FORMERLY
15 RIDGE STREET): THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
16 RIDGEWAY STREET, NORTH 60 DEGREES 56 MINUTES 57 SECONDS EAST
17 480.17 FEET TO A POINT ON LINE OF LAND NOW OR LATE OF HENRY W.
18 OLIVER, JR. AND THE WESTERLY LINE OF THE AFOREMENTIONED PLAN OF
19 LOTS; AND THENCE ALONG SAID LAST MENTIONED LINE, SOUTH 25
20 DEGREES 39 MINUTES 03 SECONDS EAST, 478.05 FEET TO THE POINT ON
21 THE NORTHWESTERLY LINE OF BEDFORD AVENUE AT THE PLACE OF
22 BEGINNING.
23 FOR CHAIN OF TITLE TO PREMISES 4TH ABOVE DESCRIBED, SEE THE
24 FOLLOWING DEEDS TO THE TUBERCULOSIS LEAGUE OF PITTSBURGH:
25 1. FROM H. A. PHILLIPS, UNMARRIED, DATED JUNE 16, 1921,
26 RECORDED JUNE 23, 1921 IN DEED BOOK VOLUME 2071, PAGE 93.
27 2. FROM WILLIAM MCCONWAY ET UX, DATED MARCH 5, 1910, RECORDED
28 JUNE 21, 1910 IN DEED BOOK VOLUME 1672, PAGE 305.
29 3. FROM HUSTON BROTHERS COMPANY, DATED APRIL 20, 1920, RECORDED
30 MAY 14, 1920 IN DEED BOOK VOLUME 2046, PAGE 227.
19870H0188B3700 - 38 -
1 BLOCK 258, LOT NO. 98
2 FIFTH
3 THE FREE AND UNINTERRUPTED USE, LIBERTY AND PRIVILEGE IN
4 COMMON WITH THE PARTIES OF THE FIRST PART, ITS SUCCESSORS AND
5 ASSIGNS, THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, ITS
6 SUCCESSORS AND ASSIGNS, TOGETHER WITH THEIR TENANTS AND
7 OCCUPIERS FOR THE TIME BEING AND LICENSEES, FOR SAID SECOND
8 PARTY ITS SUCCESSORS AND ASSIGNS AND ITS AGENTS, SERVANTS AND
9 LICENSEES AT ITS AND THEIR WILL AND PLEASURE AT ALL TIMES AND
10 PURPOSES, TO GO, RETURN, PASS AND REPASS BY VEHICLE AND ON FOOT
11 ALONG AND OVER A CERTAIN PAVED PRIVATE ROAD 20 FEET WIDE AND
12 APPROXIMATELY 265 FEET LONG, THROUGH PROPERTY NOW OR FORMERLY OF
13 THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, ABUTTING
14 PROPERTY OF THE TUBERCULOSIS LEAGUE OF PITTSBURGH, SAID ROAD
15 BEING SITUATE IN THE FIFTH WARD, CITY OF PITTSBURGH AND BOUNDED
16 AND DESCRIBED AS FOLLOWS:
17 BEGINNING AT A POINT, SAID POINT BEING ON THE NORTHERLY SIDE
18 OF BEDFORD AVENUE AND DISTANT SOUTH 60 DEGREES 55 MINUTES 42
19 SECONDS WEST, 12.07 FEET FROM THE INTERSECTION OF THE LANDS NOW
20 OR FORMERLY OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH
21 AND LANDS OF THE TUBERCULOSIS LEAGUE OF PITTSBURGH; THENCE
22 CONTINUING ALONG SAID NORTHERLY SIDE OF BEDFORD AVENUE, SOUTH 60
23 DEGREES 55 MINUTES 42 SECONDS WEST, 20.12 FEET TO A POINT;
24 THENCE ALONG LANDS NOW OR FORMERLY OF THE HOUSING AUTHORITY OF
25 THE CITY OF PITTSBURGH, NORTH 25 DEGREES 48 MINUTES 18 SECONDS
26 WEST, 267.70 FEET TO LANDS OF THE TUBERCULOSIS LEAGUE OF
27 PITTSBURGH; THENCE ALONG THE SAME, NORTH 64 DEGREES 11 MINUTES
28 42 SECONDS EAST, 20 FEET TO A POINT; THENCE ALONG LANDS NOW OR
29 FORMERLY OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH,
30 SOUTH 25 DEGREES 48 MINUTES 18 SECONDS EAST, 266.55 FEET TO THE
19870H0188B3700 - 39 -
1 NORTHERLY SIDE OF BEDFORD AVENUE AT THE PLACE OF BEGINNING.
2 TOGETHER WITH AND SUBJECT TO THE VARIOUS RIGHTS AND
3 OBLIGATIONS APPURTENANT TO ABOVE DESCRIBED RIGHT OF WAY AS MORE
4 FULLY SET FORTH AND DESCRIBED IN DEED OF THE HOUSING AUTHORITY
5 OF THE CITY OF PITTSBURGH TO THE TUBERCULOSIS LEAGUE OF
6 PITTSBURGH, DATED NOVEMBER 7, 1952, OF RECORD IN DEED BOOK
7 VOLUME 3247, PAGE 194.
8 BEING THE SAME RIGHT OF WAY AS CONVEYED BY THE AFORESAID DEED
9 OF THE HOUSING AUTHORITY OF THE CITY OF PITTSBURGH TO THE
10 TUBERCULOSIS LEAGUE OF PITTSBURGH, DATED NOVEMBER 7, 1952,
11 RECORDED IN DEED BOOK VOLUME 3247, PAGE 194.
12 EXCEPT COAL AND MINING RIGHTS, GRANTED OR RESERVED BY PRIOR
13 INSTRUMENTS OF RECORD.
14 (B) THE COMMONWEALTH OF PENNSYLVANIA SHALL MAINTAIN THE
15 PROPERTY UNTIL SUCH TIME AS TITLE IS CONVEYED. TITLE SHALL BE
16 CONVEYED AT SUCH TIME, WITHIN 18 MONTHS AFTER THE EFFECTIVE DATE
17 OF THIS ACT, AS THE URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH
18 PAYS THE CONSIDERATION REQUIRED BY SUBSECTION (A).
19 (C) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
20 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
21 CONFINED TO, STREETS, ROADWAYS, AND RIGHTS OF ANY TELEPHONE,
22 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
23 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
24 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
25 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
26 (D) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE
27 LANDS CONVEYED SHALL BE USED FOR HOUSING AND CARE FOR THE
28 ELDERLY AND IF AT ANY TIME THE URBAN REDEVELOPMENT AUTHORITY OF
29 PITTSBURGH OR ITS SUCCESSOR IN FUNCTION CONVEYS THE PROPERTY OR
30 AUTHORIZES OR PERMITS THE PROPERTY TO BE USED FOR ANY PURPOSE
19870H0188B3700 - 40 -
1 OTHER THAN HOUSING AND CARE FOR THE ELDERLY, THE TITLE THERETO
2 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
3 PENNSYLVANIA.
4 (E) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
5 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
6 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
7 (F) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
8 BORNE BY THE GRANTEE.
9 SECTION 11. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH <--
10 THE APPROVAL OF THE GOVERNOR, IS AUTHORIZED AND DIRECTED ON
11 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY
12 TO THE CANON-MCMILLAN SCHOOL DISTRICT, FOR A CONSIDERATION OF
13 ONE-HALF OF THE FAIR MARKET VALUE, THE FOLLOWING TRACT OF LAND
14 SITUATE IN THE BOROUGH OF CANONSBURG, WASHINGTON COUNTY,
15 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
16 BEGINNING AT THE NORTHERN-MOST CORNER OF PARCEL C IN STRABANE
17 AVENUE, WHICH LIES SOUTH 74 DEGREES 02 MINUTES 48 SECONDS EAST
18 43.49 FEET FROM A CORNER OF PARCEL B; THENCE ALONG OR NEAR
19 CHARTIERS CREEK, THE FOLLOWING FOUR COURSES: SOUTH 37 DEGREES 24
20 MINUTES 13 SECONDS EAST 90.51 FEET; THENCE SOUTH 29 DEGREES 38
21 MINUTES 31 SECONDS EAST 169.71 FEET TO AN IRON PIN; THENCE SOUTH
22 10 DEGREES 58 MINUTES 17 SECONDS EAST 107.79 FEET; THENCE SOUTH
23 19 DEGREES 15 MINUTES 24 SECONDS EAST 127.23 FEET TO AN IRON PIN
24 ON OTHER LANDS OF THE DEPARTMENT OF ENERGY; THENCE ALONG LANDS
25 OF THE DEPARTMENT OF ENERGY SOUTH 78 DEGREES 31 MINUTES 00
26 SECONDS WEST 435.75 FEET TO AN IRON PIN IN STRABANE AVENUE, THE
27 FOLLOWING FOUR COURSES: NORTH 5 DEGREES 00 MINUTES 00 SECONDS
28 EAST 195.99 FEET; THENCE NORTH 21 DEGREE 00 MINUTES 00 SECONDS
29 EAST 91.70 FEET; THENCE NORTH 30 DEGREES 00 MINUTES 00 SECONDS
30 EAST 139.33 FEET; THENCE NORTH 39 DEGREES 05 MINUTES 00 SECONDS
19870H0188B3700 - 41 -
1 EAST 168.20 FEET TO AN IRON PIN AND THE PLACE OF BEGINNING.
2 CONTAINING 3.109 ACRES, MORE OR LESS.
3 THE PROPERTY IS MORE SPECIFICALLY SHOWN IN DRAWING NO.
4 861128, DATED 28 NOVEMBER 1986.
5 (B) IN ADDITION TO THE SPECIFIC RIGHT-OF-WAY CONVEYANCE IN
6 SUBSECTION (C) TO WEST PENN POWER COMPANY, THE CONVEYANCE SHALL
7 BE MADE UNDER AND SUBJECT TO ALL EASEMENTS, SERVITUDES AND
8 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
9 ROADWAYS AND RIGHTS OF TELEPHONE, TELEGRAPH, WATER, ELECTRIC,
10 SEWER, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT
11 TO ANY INTEREST, ESTATES AND TENANCIES VESTED IN THIRD PERSONS,
12 WHETHER OR NOT APPEARING OF RECORD, FOR ANY PORTION OF LAND OR
13 IMPROVEMENTS ERECTED THEREON.
14 (C) THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF
15 THE GOVERNOR, EXCEPTS FROM THE ABOVE-DESCRIBED CONVEYANCE A
16 RIGHT-OF-WAY OVER SAID PARCEL, AND THE DEPARTMENT GRANTS AND
17 CONVEYS TO THE WEST PENN POWER COMPANY, A PENNSYLVANIA
18 CORPORATION WITH OFFICES IN GREENSBURG, WESTMORELAND COUNTY,
19 PENNSYLVANIA, ITS SUCCESSORS AND ASSIGNS, SAID RIGHT-OF-WAY
20 OVER, UNDER AND UPON THE ABOVE-DESCRIBED PARCEL TO CONSTRUCT,
21 OPERATE, REPAIR, MAINTAIN, REMOVE AND REBUILD A PORTION OF AN
22 EXISTING ELECTRIC TRANSMISSION SYSTEM. THE ROUTE OF SAID RIGHT-
23 OF-WAY IS DESCRIBED AS FOLLOWS:
24 A RIGHT-OF-WAY, 30 FEET WIDE AND LOCATED ON THE SOUTHEAST
25 SIDE AND ADJACENT TO STRABANE AVENUE IN THE BOROUGH OF
26 CANONSBURG, WASHINGTON COUNTY, PENNSYLVANIA, BETWEEN THE
27 NORTHERN RIGHT-OF-WAY LINE OF CONRAIL AND THE CENTER OF A BRIDGE
28 OVER CHARTIERS CREEK. THE LENGTH OF SAID RIGHT-OF-WAY IS 750
29 PLUS (OR MORE) FEET AND IS ON PROPERTY NOW OR FORMERLY OF THE
30 DEPARTMENT OF ENVIRONMENTAL RESOURCES. THE WEST PENN POWER
19870H0188B3700 - 42 -
1 COMPANY, ITS SUCCESSORS AND ASSIGNS, ARE ALSO GRANTED THE RIGHT
2 TO CROSS THE ABOVE-DESCRIBED PARCEL BY FOOT OR VEHICLE FOR THE
3 PURPOSES OF EXERCISING THIS EASEMENT AND ARE FURTHER GRANTED THE
4 RIGHT TO CUT, TRIM, REMOVE AND CONTROL ALL TREES WHICH MAY
5 INTERFERE WITH OR THREATEN TO INTERFERE WITH THE TRANSMISSION
6 SYSTEM. THE WEST PENN POWER COMPANY IS ALSO GRANTED THE RIGHT TO
7 PERMIT OTHER COMPANIES TO ATTACH WIRES AND CABLES TO THE POLES
8 ERECTED ON SAID RIGHT-OF-WAY FOR THE PURPOSE OF FURNISHING
9 TELEPHONE, TELEGRAPH, TELEVISION OR ELECTRIC SERVICE.
10 (D) IN THE EVENT THERE ARE RECOVERABLE MINERALS (INCLUDING
11 GAS AND OIL) WITHIN THIS AREA HEREBY TRANSFERRED AND CONVEYED,
12 THE MINERAL RIGHTS ARE HEREBY ALSO TRANSFERRED AND CONVEYED,
13 PROVIDED THAT THE RIGHT OF SUPPORT OF THE AREA IS INCLUDED
14 WITHIN THE SCOPE OF THIS TRANSFER AND CONVEYANCE.
15 (E) THE DEED OF CONVEYANCE SHALL CONTAIN THE FOLLOWING
16 CLAUSES:
17 (1) THAT THE LANDS CONVEYED SHALL BE USED FOR SCHOOL
18 DISTRICT BUSINESS OR ADMINISTRATIVE OR MAINTENANCE PURPOSES,
19 BUT NOT EDUCATIONAL OR RESIDENTIAL PURPOSES, BY THE CANON-
20 MCMILLAN SCHOOL DISTRICT, AND IF AT ANY TIME THE SCHOOL
21 DISTRICT OR ITS SUCCESSOR IN FUNCTION CONVEYS SAID PROPERTY
22 OR PERMITS, SAID PROPERTY TO BE USED FOR ANY PURPOSE OTHER
23 THAN THOSE AFOREMENTIONED, THE TITLE THERETO SHALL
24 IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
25 PENNSYLVANIA.
26 (2) THAT THE MONITORING WELL LOCATED IN THE PARCEL
27 TRANSFERRED AND CONVEYED SHALL NOT BE DISTURBED, AND ACCESS
28 BY FOOT OR VEHICLE FOR PURPOSES OF MONITORING AND
29 SURVEILLANCE ACTIVITIES SHALL BE GRANTED TO THE DEPARTMENT OF
30 ENVIRONMENTAL RESOURCES, THE UNITED STATES DEPARTMENT OF
19870H0188B3700 - 43 -
1 ENERGY, OR THEIR SUCCESSORS AND ASSIGNS, OR THEIR DULY
2 AUTHORIZED REPRESENTATIVES.
3 (3) THAT MONITORING FOR THE PURPOSES OF MEASURING AND
4 ASSESSING THE PRESENCE OF RADIOACTIVE MATERIALS, INCLUDING,
5 BUT NOT LIMITED TO, RADON AND ITS DAUGHTER PRODUCTS, THEIR
6 AMOUNTS AND CONCENTRATIONS, SHALL BE PERFORMED BY THE SCHOOL
7 DISTRICT IN AND AROUND ANY AND ALL BUILDINGS ERECTED ON THE
8 ABOVE-DESCRIBED PARCEL.
9 (4) THAT NO ADDITIONAL WELLS FOR WATER SUPPLY OR USAGE
10 SHALL BE DRILLED, LOCATED OR INSTALLED IN THE ABOVE-DESCRIBED
11 PARCEL.
12 (5) THAT AT SUCH TIME AS THE MONITORING AND SURVEILLANCE
13 PROGRAM OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OR THE
14 UNITED STATES DEPARTMENT OF ENERGY, OR THEIR SUCCESSORS AND
15 ASSIGNS, DISCLOSES NO MIGRATION OF SIGNIFICANT QUANTITIES OF
16 CONTAMINATED GROUND WATER OR NO LEVELS OF RADON OR OF ITS
17 DAUGHTER PRODUCTS IN EXCESS OF SPECIFIED OR REGULATED LIMITS,
18 THE CONDITIONS OF PARAGRAPHS (2), (3) AND (4) MAY BE LIFTED
19 AND THE RESTRICTIONS WITHDRAWN.
20 (F) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
21 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
22 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
23 (G) COSTS AND FEES INCIDENTAL TO THESE CONVEYANCES SHALL BE
24 BORNE BY THE GRANTEES.
25 Section 2 6 11 12. Section 502.1 of the act of April 12, <--
26 1951 (P.L.90, No.21), known as the Liquor Code, is repealed.
27 Section 3 7 12 13. This act shall take effect in 120 days. <--
28 AS FOLLOWS: <--
29 (1) THE AMENDMENT TO SECTION 706 SHALL TAKE EFFECT
30 IMMEDIATELY.
19870H0188B3700 - 44 -
1 (1) (2) SECTION 1712, AS ADDED BY THIS AMENDATORY ACT, <--
2 AND SECTION 2 6 11 12 OF THIS AMENDATORY ACT SHALL TAKE <--
3 EFFECT IN 120 DAYS.
4 (2) SECTION 1713, AS ADDED (3) SECTIONS 1713 AND <--
5 2402(D), AS ADDED OR AMENDED BY THIS AMENDATORY ACT, SHALL
6 TAKE EFFECT IN 60 DAYS.
7 (3) (4) SECTION 4 (ARTICLE XXVIII-D) SHALL TAKE EFFECT <--
8 JULY 1, 1988, OR IMMEDIATELY, WHICHEVER IS LATER.
9 (4) (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT <--
10 IMMEDIATELY.
A9L71DGS/19870H0188B3700 - 45 -