PRINTER'S NO. 1467
No. 1178 Session of 1999
INTRODUCED BY KASUNIC, NOVEMBER 8, 1999
REFERRED TO STATE GOVERNMENT, NOVEMBER 8, 1999
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to grant and convey to Somerset
3 County Conservancy Charitable Trust, certain lands situate in
4 Somerset Township, Somerset County.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The Department of General Services, with the
8 approval of the Governor, is hereby authorized on behalf of the
9 Commonwealth of Pennsylvania to grant and convey to Somerset
10 County Conservancy Charitable Trust certain lands on the grounds
11 of the former Somerset State Farm described in section 2 for
12 fair market value as determined by an independent appraiser.
13 Section 2. The property to be conveyed under section 1
14 consists of approximately 266 acres bounded and more
15 particularly described as follows:
16 BEGINNING at a corner, a 3/4-inch rebar with plastic cap, the
17 corner being the southwesterly corner of lands formerly of
18 Snyder, now of the Pennsylvania Turnpike Commission, the corner
1 also being at right angles to, southerly and 639.17 feet distant
2 from Turnpike Centerline station 777+37.90;
3 Thence, south 44 degrees 59 minutes 00 seconds east, 1331.65
4 feet to a corner;
5 Thence, south 44 degrees 46 minutes 00 seconds east, 1856.53
6 feet to a corner;
7 Thence, south 03 degrees 39 minutes 00 seconds east, 2016.58
8 feet to a corner;
9 Thence, south 63 degrees 04 minutes 00 seconds west, 493.24
10 feet to a corner;
11 Thence, south 34 degrees 13 minutes 00 seconds west, 340.05
12 feet to a corner;
13 Thence, north 50 degrees 19 minutes 05 seconds west, 3841.90
14 feet to a corner;
15 Thence, south 88 degrees 31 minutes 58 seconds west, 871.14
16 feet to a corner;
17 Thence, north 05 degrees 18 minutes 00 seconds west, 760.84
18 feet to a corner;
19 Thence, north 19 degrees 51 minutes 30 seconds east, 1645.23
20 feet to a corner, the corner being at right angles to and
21 1300.00 feet distant from Turnpike Centerline station 762+88.05;
22 Thence by a line parallel to and 1300.00 feet distant
23 southerly from the Centerline of the Pennsylvania Turnpike south
24 66 degrees 58 minutes 50 seconds east, 282.10 feet to a corner,
25 the corner being on the easterly legal right-of-way line for
26 limited access of PA Route 219 northbound;
27 Thence, by the parallel line 1300 feet distant from the
28 Turnpike Centerline south 66 degrees 58 minutes 50 seconds east,
29 329.85 feet to a point, a 3/4-inch rebar with cap, at right
30 angles to and 1300.00 feet distant from Turnpike Centerline
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1 station 679+00.00;
2 Thence, by the parallel line 1300 feet distant from the
3 Turnpike Centerline south 66 degrees 58 minutes 50 seconds east,
4 752.88 feet to a corner, a 3/4-inch rebar with cap, at right
5 angles to and 1300.00 feet distant from Turnpike Centerline
6 station 776+52.88;
7 Thence, north 30 degrees 21 minutes 00 seconds east, 666.28
8 feet to the point and place of BEGINNING.
9 CONTAINING 266.0512 acres, more or less.
10 Section 3. The conveyance shall be made under and subject to
11 all lawful and enforceable easements, servitudes and rights of
12 others, including, but not confined to, streets, roadways and
13 rights of any telephone, telegraph, water, electric, gas or
14 pipeline companies, as well as under and subject to any lawful
15 and enforceable estates or tenancies vested in third persons
16 appearing of record, for any portion of the land or improvements
17 erected thereon.
18 Section 4. The deed of conveyance shall contain the
19 following clauses:
20 EXCEPTING AND RESERVING unto the Grantor, its successors and
21 assigns, all timber, oil, gas and mineral rights. It is the
22 mutual intent of, and agreement between, the Grantor and
23 Grantee, and their respective successors and assigns, that the
24 above-described property shall remain in a substantially
25 natural, forested condition so as to promote natural and
26 recreational activities and experiences. Therefore, strip mining
27 or other mining activities by the Grantee or its successors are
28 expressly prohibited. The Grantor, its successors, assigns,
29 contractors and/or purchasers, shall not exercise its timber,
30 oil, gas or mineral rights hereby reserved and excepted without
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1 first obtaining the written consent of the Grantee, or its
2 successors, which consent shall not be unreasonably withheld.
3 The Grantee, or its successors, are permitted to cut or remove a
4 reasonable amount of timber or trees, otherwise hereby excepted
5 and reserved by the Grantor, for the purpose of constructing one
6 right-of-way access through the property, the right-of-way not
7 to exceed 30 feet in width. The Grantee, or its successors, are
8 also permitted to cut or remove a reasonable amount of timber or
9 trees, otherwise hereby excepted and reserved by the Grantor,
10 for the purpose of constructing a headquarters for the Grantee,
11 or its successors, the area not to exceed one acre. Any proceeds
12 derived by the Grantee or any third parties from the sale of
13 timber or trees removed for the right-of-way or headquarters
14 which, if sold, shall be sold at fair market value, shall be
15 paid to the Grantor.
16 UNDER AND SUBJECT to the condition that the lands conveyed
17 herein shall be used for agricultural/open space purposes only
18 in accordance with the provisions of the act of January 19, 1968
19 (1967 P.L.992, No.442), entitled "An act authorizing the
20 Commonwealth of Pennsylvania and the local government units
21 thereof to preserve, acquire or hold land for open space uses."
22 Should the Grantee allow the lands conveyed to be used for any
23 other purpose, or attempts to convey the premises, title shall
24 immediately revert to and revest in the Grantor. However, the
25 Grantor and Grantee, for their successors and assigns, agree
26 that should the Grantee, or its successors, dissolve or cease to
27 remain in existence, then the Grantee, or its successors, may
28 allow title to the above-described real estate to be conveyed to
29 a successor organization that has the same objectives, purposes
30 and goals as the Grantee, the conveyance to be subject to the
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1 other covenants and restrictions set forth in this deed.
2 Section 5. The deed of conveyance shall be by special
3 warranty deed and shall be executed by the Secretary of General
4 Services in the name of the Commonwealth of Pennsylvania.
5 Section 6. Costs and fees incidental to this conveyance
6 shall be borne by the Grantee.
7 Section 7. In the event that this conveyance is not executed
8 within 12 months of the effective date of this act, the property
9 may be disposed of under section 2406-A of the act of April 9,
10 1929 (P.L.177, No.175), known as The Administrative Code of
11 1929.
12 Section 8. This act shall take effect immediately.
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