SENATE AMENDED PRIOR PRINTER'S NOS. 1742, 2663, 2692 PRINTER'S NO. 2699
No. 1463 Session of 1997
INTRODUCED BY MICHLOVIC, LEVDANSKY AND OLASZ, MAY 6, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 10, 1997
AN ACT 1 Authorizing and directing the Department of General Services, 2 with the approval of the Governor, to grant and convey to the 3 City of McKeesport, a tract of land situate in the Seventh 4 Ward, City of McKeesport, Allegheny County, AND TO SELL AND <-- 5 CONVEY TO SMITHFIELD TOWNSHIP CERTAIN LAND SITUATE IN THE 6 TOWNSHIP OF SMITHFIELD, HUNTINGDON COUNTY; AND AUTHORIZING 7 AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE 8 APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF LAND AND 9 BUILDINGS, CONSISTING OF A PORTION OF THE FORMER LAURELTON 10 CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY, 11 PENNSYLVANIA. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. (a) The Department of General Services, with the 15 approval of the Governor, is authorized and directed, on behalf 16 of the Commonwealth of Pennsylvania, to sell and convey to the 17 City of McKeesport, for consideration equal to the fair market 18 value as determined by an independent appraisal obtained by the 19 Department of General Services, the following tract of land 20 situate in the Seventh Ward, City of McKeesport, Allegheny 21 County, Pennsylvania, described as follows:
1 Being lot Number 264 in the East Park Extension Plan No.2, as
2 recorded in Plan Book Volume 12, page 138, said lot having a
3 frontage of 25 feet on the easterly side of Federal Street, and
4 extending back eastwardly between the northerly line of Lot
5 No.265 and the southerly line of Haw Alley, preserving an equal
6 width throughout a distance of 115 feet to a 20 foot alley.
7 Being a vacant lot known and numbered as 1711 Federal Street,
8 McKeesport, Pennsylvania; Lot and Block 382-H-165.
9 Containing 2,875 square feet or 0.066 acres.
10 (B) 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 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 THEIR PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
16 ANY PORTION OF LAND OR IMPROVEMENTS ERECTED THEREON.
17 (C) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
18 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
19 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
20 (D) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
21 BORNE BY THE GRANTEE.
22 (B) SECTION 2. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH <--
23 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED,
24 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND
25 CONVEY THE FOLLOWING DESCRIBED TRACTS OF LAND AND THE
26 IMPROVEMENTS ERECTED THEREON:
27 ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, WITH
28 IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY TOWNSHIP, UNION
29 COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
30 FOLLOWS:
19970H1463B2699 - 2 -
1 TRACT 1 2 BEGINNING AT AN EXISTING STEEL PIN AND STONES LOCATED ON OR 3 NEAR THE NORTHERN RIGHT OF WAY OF S.R. 0045 AND ON THE 4 JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH 5 OF PENNSYLVANIA, BUREAU OF FORESTRY AND LANDS OF THE 6 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE. 7 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, 8 BUREAU OF FORESTRY BY THE 4 FOLLOWING COURSES AND DISTANCES; 9 1. NORTH 22 DEGREES 29 MINUTES 55 SECONDS EAST, 3685.15 10 FEET, TO AN EXISTING WITNESSED STONE PILE; 11 2. NORTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 831.53 FEET, 12 TO AN EXISTING WITNESSED STONE PILE; 13 3. SOUTH 75 DEGREES 02 MINUTES 58 SECONDS EAST, 143.22 FEET, 14 TO A POINT EAST OF STONY RUN ROAD; 15 4. SOUTH 25 DEGREES 32 MINUTES 58 SECONDS EAST, 1472.86 16 FEET, TO AN EXISTING WITNESSED STONE PILE EAST OF STONY RUN 17 ROAD; 18 5. THENCE ALONG LANDS OF WILLIAM G. RODGERS AND LANDS OF W. 19 JAMES BEAMESDERFER AND CRAIG A. BEAMESDERFER AND CROSSING STONY 20 RUN ROAD SOUTH 75 DEGREES 56 MINUTES 43 SECONDS WEST, 221.73 21 FEET, TO AN EXISTING STONE PILE; 22 6. THENCE ALONG LANDS W. JAMES BEAMESDERFER AND CRAIG A. 23 BEAMESDERFER AND LANDS OF EILEEN R. WIAND AND LISA L. MATTERN; 24 SOUTH 20 DEGREES 40 MINUTES 20 SECONDS EAST, 1491.80 FEET, TO AN 25 EXISTING WITNESSED STONE PILE; 26 7. THENCE ALONG LANDS OF EILEEN R. WIAND AND LISA L. 27 MATTERN, NORTH 65 DEGREES 52 MINUTES 26 SECONDS, EAST, 319.07 28 FEET, TO A POINT IN THE CENTER OF STONY RUN ROAD; 29 THENCE ALONG THE CENTER OF STONY RUN ROAD AND LANDS OF THE 30 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF FORESTRY, BY THE 8 19970H1463B2699 - 3 -
1 FOLLOWING COURSES AND DISTANCES; 2 1. SOUTH 33 DEGREES 57 MINUTES 45 SECONDS EAST, 570.05 FEET, 3 TO POINT IN THE CENTER OF STONY RUN ROAD; 4 2. SOUTH 33 DEGREES 07 MINUTES 08 SECONDS EAST, 653.60 FEET, 5 TO POINT IN THE CENTER OF STONY RUN ROAD; 6 3. SOUTH 30 DEGREES 01 MINUTE 39 SECONDS EAST, 122.79 FEET, 7 TO POINT IN THE CENTER OF STONY RUN ROAD; 8 4. SOUTH 21 DEGREES 25 MINUTES 18 SECONDS EAST, 74.09 FEET, 9 TO POINT IN THE CENTER OF STONY RUN ROAD; 10 5. SOUTH 07 DEGREES 41 MINUTES 59 SECONDS EAST, 91.09 FEET, 11 TO POINT IN THE CENTER OF STONY RUN ROAD; 12 6. SOUTH 04 DEGREES 55 MINUTES 47 SECONDS WEST, 109.33 FEET, 13 TO POINT IN THE CENTER OF STONY RUN ROAD; 14 7. SOUTH 09 DEGREES 10 MINUTES 51 SECONDS WEST, 414.31 FEET, 15 TO POINT IN THE CENTER OF STONY RUN ROAD; 16 8. SOUTH 09 DEGREES 14 MINUTES 46 SECONDS WEST, 603.60 FEET, 17 TO POINT ON THE NORTHERN RIGHT OF WAY OF S.R. 0045 18 THENCE ALONG THE NORTHERN RIGHT OF WAY S.R. 0045 BY THE 13 19 FOLLOWING COURSES AND DISTANCES; 20 1. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 263.53 FEET, 21 TO A POINT; 22 2. NORTH 19 DEGREES 39 MINUTES 48 SECONDS EAST, 5.00 FEET, 23 TO A POINT; 24 3. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 150.00 FEET, 25 TO A POINT; 26 4. SOUTH 19 DEGREES 39 MINUTES 48 SECONDS WEST, 5.0 FEET, TO 27 A POINT; 28 5. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 250.29 FEET, 29 TO A POINT; 30 6. NORTH 71 DEGREES 27 MINUTES 12 SECONDS WEST, 359.32 FEET, 19970H1463B2699 - 4 -
1 TO A POINT; 2 7. NORTH 70 DEGREES 18 MINUTES 12 SECONDS WEST, 700.74 FEET, 3 TO A POINT; 4 8. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1288.90 5 FEET, TO A POINT; 6 9. NORTH 19 DEGREES 17 MINUTES 48 SECONDS EAST, 5.00 FEET, 7 TO A POINT; 8 10. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1145.04 9 FEET, TO A POINT; 10 11. BY A CURVE TO THE LEFT HAVING A RADIUS OF 3854.70 FEET 11 AN ARC LENGTH OF 5.01 FEET AND A CENTRAL ANGLE OF 0 DEGREES 04 12 MINUTES 28 SECONDS, AND A CHORD OF NORTH 70 DEGREES 44 MINUTES 13 26 SECONDS WEST, 5.01 INCHES; 14 12. SOUTH 19 DEGREES 13 MINUTES 20 SECONDS WEST, 5.00 FEET, 15 TO A POINT; 16 13. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 3849.70 FEET 17 AN ARC LENGTH OF 277.72 INCHES AND A CENTRAL ANGLE OF 4 DEGREES 18 08 MINUTES 00 SECONDS, AND A CHORD OF NORTH 72 DEGREES 50 19 MINUTES 40 SECONDS WEST, 277.66 FEET, TO AN EXISTING STEEL PIN 20 AND STONES THE POINT AND PLACE OF BEGINNING; 21 TRACT 1 CONTAINING 266.428 ACRES AS ABOVE DESCRIBED. 22 TRACT 2 23 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 2850 24 FEET EAST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND 25 BEING ON OR NEAR THE SOUTHERN RIGHT OF WAY LINE OF S.R. 0045 AND 26 ON THE DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH OF 27 PENNSYLVANIA AND LANDS OF ARLON E. WALLACE AND CRYSTAL A. 28 HEETER. 29 1. THENCE ALONG LANDS OF ARLON E. WALLACE AND CRYSTAL A. 30 HEETER AND LANDS OF BRADLEY F. WALTER AND ANGELIA WALTER SOUTH 19970H1463B2699 - 5 -
1 08 DEGREES 15 MINUTES 05 SECONDS WEST, 1253.61 FEET, TO AN 2 EXISTING TWIN OAK TREE; 3 2. THENCE ALONG LANDS OF RAYMOND HOOVER AND WILMA HOOVER, 4 NORTH 79 DEGREES 40 MINUTES 38 SECONDS WEST, 859.47 FEET, TO AN 5 EXISTING STEEL PIN; 6 3. THENCE ALONG LANDS OF RICHARD J. HARVEY AND JANET L. 7 HARVEY AND LANDS OF MONTANA L. SCHLEGEL AND JANICE M. SCHLEGEL 8 NORTH 18 DEGREES 33 MINUTES 56 SECONDS WEST, 840.74 FEET, TO AN 9 EXISTING STEEL PIN; 10 4. THENCE ALONG LANDS OF MONTANA L. SCHLEGEL AND JANICE M. 11 SCHLEGEL SOUTH 72 DEGREES 46 MINUTES 49 SECONDS WEST, 762.09 12 FEET, TO A POINT ON THE EASTERN RIGHT OF WAY OF S.R. 0235. 13 THENCE ALONG THE EASTERN RIGHT OF WAY OF S.R. 0235 BY THE FOUR 14 FOLLOWING COURSES AND DISTANCES; 15 1. NORTH 26 DEGREES 19 MINUTES 18 SECONDS WEST, 731.70 FEET, 16 TO A POINT; 17 2. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 2844.79 FEET, 18 AN ARC LENGTH OF 354.94 FEET, AND A CENTRAL ANGLE OF 7 DEGREES 19 08 MINUTES 55 SECONDS, AND A CHORD OF NORTH 22 DEGREES 44 20 MINUTES 50 SECONDS WEST, 354.71 FEET TO A POINT; 21 3. NORTH 19 DEGREES 10 MINUTES 23 SECONDS WEST, 478.05 FEET 22 TO A POINT; 23 4. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 35 FEET, AN 24 ARC LENGTH OF 78.70 FEET, AND A CENTRAL ANGLE OF 128 DEGREES 50 25 MINUTES 11 SECONDS, AND A CHORD OF NORTH 45 DEGREES 14 MINUTES 26 43 SECONDS EAST, 63.14 FEET TO A POINT ON THE SOUTHERN RIGHT OF 27 WAY OF S.R. 0045; 28 THENCE ALONG THE SOUTHERN RIGHT OF WAY OF S.R. 0045 BY THE THREE 29 FOLLOWING COURSES AND DISTANCES; 30 1. SOUTH 70 DEGREES 20 MINUTES 12 SECONDS EAST, 1020.05 19970H1463B2699 - 6 -
1 FEET, TO A POINT; 2 2. SOUTH 69 DEGREES 40 MINUTES 12 SECONDS EAST, 1556.28 3 FEET, TO A POINT; 4 3. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1318.45 FEET, 5 AN ARC LENGTH OF 192.46 FEET, AND A CENTRAL ANGLE OF 8 DEGREES 6 21 MINUTES 49 SECONDS, AND A CHORD OF SOUTH 65 DEGREES 29 7 MINUTES 18 SECONDS EAST, 192.28 FEET TO AN EXISTING STEEL PIN, 8 THE POINT AND PLACE OF BEGINNING. 9 TRACT 2 CONTAINING 64.428 ACRES AS ABOVE DESCRIBED. 10 TRACT 3 11 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 1180 12 FEET WEST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND 13 BEING ON OR NEAR THE SOUTHERN RIGHT OF WAY OF S.R. 0045 AND ON 14 THE JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE 15 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CONSERVATION AND 16 NATURAL RESOURCES AND LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, 17 DEPARTMENT OF PUBLIC WELFARE. 18 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, 19 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES BY THE 12 20 COURSES AND DISTANCES; 21 1. SOUTH 19 DEGREES 12 MINUTES 21 SECONDS WEST, 198.88 FEET 22 TO AN EXISTING STEEL PIN; 23 2. SOUTH 67 DEGREES 09 MINUTES 50 SECONDS EAST, 127.12 FEET 24 TO A POINT; 25 3. SOUTH 28 DEGREES 08 MINUTES 01 SECOND EAST, 256.88 FEET 26 TO A POINT; 27 4. SOUTH 150 DEGREES 52 MINUTES 30 SECONDS WEST, 191.06 FEET 28 TO AN EXISTING STEEL PIN; 29 5. SOUTH 40 DEGREES 31 MINUTES 46 SECONDS EAST, 230.04 FEET 30 TO AN EXISTING STEEL PIN; 19970H1463B2699 - 7 -
1 6. SOUTH 71 DEGREES 04 MINUTES 15 SECONDS WEST, 186.38 FEET 2 TO AN EXISTING STEEL PIN; 3 7. SOUTH 84 DEGREES 43 MINUTES 54 SECONDS WEST, 300.50 FEET 4 TO AN EXISTING STEEL PIN; 5 8. NORTH 68 DEGREES 29 MINUTES 54 SECONDS WEST, 173.17 FEET 6 TO AN EXISTING STEEL PIN; 7 9. NORTH 04 DEGREES 18 MINUTES 51 SECONDS EAST, 692.26 FEET 8 TO AN EXISTING STEEL PIN; 9 10. NORTH 30 DEGREES 23 MINUTES 16 SECONDS WEST, 123.70 FEET 10 TO AN EXISTING STEEL PIN; 11 11. NORTH 13 DEGREES 21 MINUTES 43 SECONDS WEST, 206.87 FEET 12 TO AN EXISTING STEEL PIN; 13 12. SOUTH 70 DEGREES 42 MINUTES 12 SECONDS EAST, 94.27 FEET 14 TO AN EXISTING STEEL PIN; 15 13. THENCE ALONG THE SOUTHERN RIGHT OF WAY OF S.R. 0045, 16 SOUTH 70 DEGREES 18 MINUTES 12 SECONDS EAST, 356.77 FEET TO AN 17 EXISTING STEEL PIN, THE POINT AND PLACE OF BEGINNING. 18 TRACT 3 CONTAINING 9.832 ACRES AS ABOVE DESCRIBED. 19 (B) THE THREE TRACTS UNDER THIS SECTION OR PARTS THEREOF MAY <-- 20 BE OFFERED TOGETHER OR SEPARATELY. 21 (C) NOTWITHSTANDING ARTICLE XXIV-A OF THE ACT OF APRIL 9, 22 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 23 1929, THE DEPARTMENT OF GENERAL SERVICES SHALL, THROUGH SEALED 24 BIDS, AUCTION OR REQUEST FOR PROPOSAL SELECT THE PURCHASER OF 25 THE TRACTS AND SELL THE PROPERTY UNDER THIS SECTION. ACCEPTANCE 26 OF AN OFFER SHALL BE SUBJECT TO A MINIMUM PRICE REQUIREMENT AS 27 ESTABLISHED BY THE DEPARTMENT WHICH SHALL BE WITHIN A RANGE OF 28 FAIR MARKET VALUE AS ESTABLISHED THROUGH INDEPENDENT APPRAISAL. 29 PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR PROPOSAL MUST 30 DEMONSTRATE A VALUE TO THE COMMONWEALTH EQUIVALENT TO THE FAIR 19970H1463B2699 - 8 -
1 MARKET VALUE RANGE AS ESTABLISHED BY THE DEPARTMENT THROUGH 2 INDEPENDENT APPRAISAL. IN ESTABLISHING THE VALUE EQUIVALENT THE 3 DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS: ACTUAL MONETARY 4 CONSIDERATION, CREATION OF CONSTRUCTION JOBS, CREATION OF 5 PERMANENT JOBS, EXPANSION OF LOCAL TAX BASE, ECONOMIC GROWTH, 6 COMMUNITY DEVELOPMENT, HIGHEST AND BEST USE AND PUBLIC PURPOSE. 7 (b) (C) (D) The conveyance CONVEYANCES shall be made under <-- 8 and subject to all easements, servitudes and rights of others, 9 including, but not confined to, streets, roadways and rights of 10 telephone, telegraph, water, electric, sewer, gas or pipeline 11 companies, as well as under and subject to any interest, estates 12 or tenancies vested in their persons, whether or not appearing 13 of record, for any portion of land or improvements erected 14 thereon. 15 (c) (D) (E) The deed DEEDS of conveyance shall be approved <-- 16 as provided by law and shall be executed by the Secretary of 17 General Services in the name of the Commonwealth of 18 Pennsylvania. 19 (d) Costs and fees incidental to this conveyance shall be <-- 20 (E) (F) COSTS AND FEES INCIDENTAL TO THE CONVEYANCE UNDER <-- 21 SUBSECTION (A) SHALL BE borne by the grantee. 22 (F) (G) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF <-- 23 GENERAL SERVICES FOR PREPARING THE PROPERTY UNDER SUBSECTION (B) 24 FOR SALE, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL 25 ASSESSMENTS, MARKETING SERVICES, TITLE SEARCHES, ADVERTISING, 26 APPRAISALS, AUCTIONEER FEES AND SURVEYS, AND BY THE DEPARTMENT 27 OF PUBLIC WELFARE FOR PROTECTING AND SECURING THE PROPERTY SHALL 28 BE DEDUCTED FROM THE PURCHASE PRICE AND THAT AMOUNT SHALL BE AN 29 EXECUTIVELY AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM 30 WHICH THE COSTS AND FEES WERE PAID BY THE DEPARTMENTS, WITH 19970H1463B2699 - 9 -
1 PRIORITY REIMBURSEMENTS BEING MADE TO GENERAL SERVICES AND THEN 2 PUBLIC WELFARE. 3 (G) (H) THAT PORTION OF THE CONVEYANCE AUTHORIZED BY <-- 4 SUBSECTION (B) CURRENTLY SUBJECT TO THE PROVISION OF THE ACT OF 5 JUNE 18, 1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR 6 THE ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE 7 DEPARTMENT OF AGRICULTURE," SHALL CONTINUE TO BE SUBJECT TO THE 8 RESTRICTIONS PROVIDED FOR IN THAT ACT AND A RESTRICTIVE COVENANT 9 LIMITING THE USES OF SUCH PROPERTY TO AGRICULTURAL/OPEN SPACE 10 USES SHALL BE PLACED IN THE DEED. 11 SECTION 2 3. SMITHFIELD TOWNSHIP. <-- 12 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH 13 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED 14 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT, SELL AND 15 CONVEY TO SMITHFIELD TOWNSHIP FOR FAIR MARKER MARKET VALUE BASED <-- 16 ON AN INDEPENDENT APPRAISAL THREE TRACTS OF LAND DESCRIBED IN 17 SUBSECTION (B). 18 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED 19 PURSUANT TO SUBSECTION (A) IS COMPRISED OF THE FOLLOWING TRACTS 20 OF LAND SITUATE IN SMITHFIELD TOWNSHIP, HUNTINGDON COUNTY, 21 BOUNDED AND DESCRIBED AS FOLLOWS: 22 TRACT NO.1 23 BEGINNING AT THE INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY OF 24 NEW ROUTE 22 AND THE NORTHWEST RIGHT-OF-WAY OF ROUTE 26; THENCE 25 ALONG THE NORTHWEST RIGHT-OF-WAY OF ROUTE 26, S 69 DEGREES 06 26 MINUTES W 840 FEET TO A POINT; CONTINUING ALONG SAID RIGHT-OF- 27 WAY, S 57 DEGREES 27 MINUTES W 480 FEET TO A POINT ON SAID 28 RIGHT-OF-WAY. THENCE N 70 DEGREES W 1920 FEET TO A POINT; THENCE 29 N 21 DEGREES E 1233 FEET TO A POINT IN THE SOUTHERN RIGHT-OF-WAY 30 OF OLD STATE HIGHWAY (ROUTE 22); THENCE ALONG SAID RIGHT-OF-WAY 19970H1463B2699 - 10 -
1 S 79 DEGREES 39 MINUTES E 614 FEET TO A POINT INTERSECTING THE 2 SOUTH RIGHT-OF-WAY OF EXISTING NEW ROUTE 22, THENCE ALONG SAID 3 RIGHT-OF-WAY; S 59 DEGREES 23 MINUTES E 2335 FEET TO A POINT IN 4 THE NORTHWEST RIGHT-OF-WAY OF ROUTE 26, SAID POINT OF BEGINNING. 5 CONTAINING APPROXIMATELY 67.1 ACRES. 6 TRACT NO.2 7 BEGINNING AT A POINT ON THE SOUTHEAST RIGHT-OF-WAY OF ROUTE 8 26; SAID POINT BEING S 69 DEGREES 06 MINUTES W 950 FEET FROM THE 9 SOUTHERN RIGHT-OF-WAY OF ROUTE 22; THENCE S 32 DEGREES 33 10 MINUTES E 1033 FEET TO A POINT, THENCE S 57 DEGREES 27 MINUTES W 11 1550 FEET TO A POINT, THENCE N 58 DEGREES 17 MINUTES W 1130 FEET 12 TO A POINT IN THE SOUTHEAST RIGHT-OF-WAY OF ROUTE 26; THENCE 13 ALONG SAID RIGHT-OF-WAY N 57 DEGREES 27 MINUTES E 2040 FEET TO 14 SAID POINT OF BEGINNING. 15 CONTAINING APPROXIMATELY 42.6 ACRES. 16 TRACT NO.3 17 BEGINNING AT A POINT OF THE SOUTHERN RIGHT-OF-WAY OF NEW 18 ROUTE 22; SAID POINT BEING S 59 DEGREES 23 MINUTES E 450 FEET 19 FROM THE SOUTHEAST RIGHT-OF-WAY OF ROUTE 26; THENCE ALONG SAID 20 RIGHT-OF-WAY S 59 DEGREES 23 MINUTES E 700 FEET TO A POINT, 21 THENCE S 30 DEGREES 37 MINUTES W 580 FEET TO A POINT, THENCE N 22 38 DEGREES W 740 FEET TO A POINT, THENCE N 30 DEGREES 37 MINUTES 23 E 370 FEET TO A POINT IN THE SOUTHERN RIGHT-OF-WAY OF NEW ROUTE 24 22, SAID POINT OF BEGINNING. 25 CONTAINING APPROXIMATELY 7.6 ACRES. 26 THE DESCRIPTIONS OF THE THREE TRACTS ABOVE ARE APPROXIMATE 27 AND THE DESCRIPTION IN THE DEED OF CONVEYANCE MAY BE ADJUSTED 28 SLIGHTLY TO REFLECT THE RESULTS OF A SURVEY WHICH SHALL BE 29 PERFORMED. 30 (C) RIGHTS-OF-WAY.--THE CONVEYANCE SHALL BE MADE UNDER AND 19970H1463B2699 - 11 -
1 SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, 2 INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF 3 ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR 4 PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY 5 INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER 6 OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR 7 IMPROVEMENTS ERECTED THEREON. 8 (D) DEPOSIT OF PROCEEDS.--THE PROCEEDS OF THIS SALE SHALL BE 9 PAID INTO THE STATE TREASURY AND DEPOSITED IN THE GENERAL FUND. 10 (E) APPROVAL AND EXECUTION OF DEED.--THE DEED OF CONVEYANCE 11 SHALL BE APPROVED AS PROVIDED BY LAW AND SHALL BE EXECUTED BY 12 THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE 13 COMMONWEALTH OF PENNSYLVANIA. 14 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE 15 CONVEYANCE SHALL BE BORNE BY THE GRANTEE. 16 (G) OTHER CONDITIONS OF SALE.--THE CONVEYANCE SHALL BE 17 CONDITIONED ON THE GRANTEE'S MEETING AND INSURING THAT THE 18 REQUIREMENTS OF THE COMMONWEALTH ARE MET AS DESCRIBED IN THE 19 PURCHASE AGREEMENT WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED 20 TO, THE FOLLOWING: 21 (1) APPROPRIATE BUFFER ZONES, AS DETERMINED IN THE 22 COMMONWEALTH'S SOLE DISCRETION, SHALL BE MAINTAINED BETWEEN 23 THE DEPARTMENT OF CORRECTIONS' FACILITIES AND ALL SURROUNDING 24 AREAS. 25 (2) THE GRANTEE AND ITS SUCCESSORS SHALL TAKE THE 26 NECESSARY STEPS TO PRESERVE THE PRESENT WATER SOURCES 27 UTILIZED BY THE DEPARTMENT OF CORRECTIONS' FACILITIES KEEPING 28 IN MIND THAT DEVELOPMENT CANNOT TAKE PRECEDENCE OVER THE 29 UTILITY NEEDS OF THESE FACILITIES. TO THAT END, GRANTEE SHALL 30 TAKE THE APPROPRIATE STEPS AND INSURE THAT NO CONTAMINATION 19970H1463B2699 - 12 -
1 OF THESE WATER RESOURCES SHALL OCCUR AND IF, DESPITE THE 2 GRANTEE'S EFFORTS, THE WATER SOURCES BECOME CONTAMINATED, THE 3 GRANTEE SHALL TAKE THE NECESSARY STEPS TO DECONTAMINATE THE 4 WATER SOURCES AND SHALL BE RESPONSIBLE FOR ALL INCIDENTAL AND 5 CONSEQUENTIAL COSTS THAT THE COMMONWEALTH MAY INCUR AS A 6 RESULT OF THE CONTAMINATION. 7 SECTION 3. THE THREE TRACTS UNDER SECTION 1(B) OR PARTS <-- 8 THEREOF MAY BE OFFERED TOGETHER OR SEPARATELY. 9 SECTION 4. NOTWITHSTANDING ARTICLE XXIV-A OF THE ACT OF 10 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE 11 CODE OF 1929, THE DEPARTMENT OF GENERAL SERVICES SHALL, THROUGH 12 SEALED BIDS, AUCTION OR REQUEST FOR PROPOSAL SELECT THE 13 PURCHASER OF THE TRACTS AND SELL THE PROPERTY UNDER SECTION 14 1(B). ACCEPTANCE OF AN OFFER SHALL BE SUBJECT TO A MINIMUM PRICE 15 REQUIREMENT AS ESTABLISHED BY THE DEPARTMENT WHICH SHALL BE 16 WITHIN A RANGE OF FAIR MARKET VALUE AS ESTABLISHED THROUGH 17 INDEPENDENT APPRAISAL. PROPOSALS SUBMITTED IN RESPONSE TO A 18 REQUEST FOR PROPOSAL MUST DEMONSTRATE A VALUE TO THE 19 COMMONWEALTH EQUIVALENT TO THE FAIR MARKET VALUE RANGE AS 20 ESTABLISHED BY THE DEPARTMENT THROUGH INDEPENDENT APPRAISAL. IN 21 ESTABLISHING THE VALUE EQUIVALENT THE DEPARTMENT SHALL CONSIDER 22 THE FOLLOWING FACTORS: ACTUAL MONETARY CONSIDERATION, CREATION 23 OF CONSTRUCTION JOBS, CREATION OF PERMANENT JOBS, EXPANSION OF 24 LOCAL TAX BASE, ECONOMIC GROWTH, COMMUNITY DEVELOPMENT, HIGHEST 25 AND BEST USE, AND PUBLIC PURPOSE. 26 Section 2 5 4. This act shall take effect immediately. <-- E1L85DMS/19970H1463B2699 - 13 -