HOUSE AMENDED
PRIOR PRINTER'S NOS. 834, 875, 935, PRINTER'S NO. 1036
970
No. 697 Session of 2005
INTRODUCED BY STOUT, MAY 23, 2005
AS REPORTED FROM THE COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 29, 2005
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor, to grant and convey to
3 Basalt Trap Rock Company, a Pennsylvania company, or its
4 assigns, certain lands, situate in Morgan and Franklin
5 Townships, Greene County, Pennsylvania; AUTHORIZING AND <--
6 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF LAND AND
8 BUILDINGS, CONSISTING OF A PORTION OF THE FORMER LAURELTON
9 CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
10 PENNSYLVANIA; AND MAKING A RELATED REPEAL.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Conveyance in Morgan and Franklin Townships, Greene
14 County, Pennsylvania.
15 (a) Authorization.--The Department of General Services, with
16 the approval of the Governor, is hereby authorized and directed
17 on behalf of the Commonwealth of Pennsylvania to grant and
18 convey to Basalt Trap Rock Company, or their assigns, all that
19 certain land and improvements thereon, known as the Waynesburg
20 State Correctional Institution, described in subsection (b) for
1 $990,000.
2 (b) Description.--The property to be conveyed pursuant to
3 subsection (a) consists of approximately 117 acres described as
4 follows:
5 Beginning at a White Oak corner to lands of Warren Jacobs and
6 Stephen Crayne Estate, thence by lands of Stephen Crayne Estate
7 and Joseph Harding, north 54 degrees 36 minutes east 2242.77
8 feet to a point; thence by lands of Joseph Harding north 54
9 degrees 36 minutes east 529.32 feet to a point; thence by lands
10 of Ed Burnfield, north 10 degrees 6 minutes west 86.55 feet to a
11 point, thence by lands of W. H. R. Hoge Estate, north 74 degrees
12 7 minutes 30 seconds east 232.75 feet to a point, thence by the
13 same, north 56 degrees 55 minutes 30 seconds east 921.33 feet to
14 a point; thence by lands of John B. Harry, south 8 degrees 39
15 minutes east 131.82 feet to a point, thence by same, north 64
16 degrees 30 minutes east 898.6 to a White Oak; thence by same
17 south 43 degrees 15 minutes east 1445.4 feet to a point; thence
18 by lands of Ben Jacobs, south 22 degrees 45 minutes east 561
19 feet to a point, thence along Ten Mile Creek, north 87 degrees
20 24 minutes west 1389.79 feet to a point, thence by same south 6
21 degrees 30 minutes west 346.5 feet to a point, thence by lands
22 of Noah Sproat, north 81 degrees 15 minutes west 874.5 feet to a
23 point, thence by same north 64 degrees 13 minutes west 582.5
24 feet to a point, thence by same south 84 degrees 37 minutes west
25 63.35 feet to a point, thence by same south 46 degrees 13
26 minutes west 19.15 feet to a point, thence by same south 46
27 degrees 13 minutes west 2272.67 feet to a point, thence by lands
28 of Warren Jacobs, north 53 degrees 55 minutes west 921.2 feet to
29 a White Oak, the place of Beginning.
30 Containing: 117.0577 acres, more or less, according to a
20050S0697B1036 - 2 -
1 survey made June, 1960, by Fred L. Miller, Registered Surveyor.
2 Being the same lands conveyed to the Commonwealth of
3 Pennsylvania by deed of the General State Authority, dated June
4 16, 1989, and recorded in Greene County Deed Book 74, page 895.
5 (c) Easements.--The conveyance shall be made under and
6 subject to all lawful and enforceable easements, servitudes and
7 rights of others, including, but not confined to, streets,
8 roadways and rights of any telephone, telegraph, water,
9 electric, gas or pipeline companies, as well as any lawful and
10 enforceable estates or tenancies vested in third persons
11 appearing of record, for any portion of the land or improvements
12 erected thereon.
13 (d) Land use restriction.--Any conveyance authorized under
14 this act shall be made under and subject to the condition, which
15 shall be contained in the deed of conveyance, that no portion of
16 the parcels conveyed shall be used as the location for a
17 licensed gaming entity authorized under 4 Pa.C.S. Pt. II
18 (relating to gaming) or similar type of facility authorized
19 under the law of this Commonwealth. The condition shall be a
20 covenant running with the land and shall be binding upon the
21 grantee, its successors and assigns. Should any grantee, its
22 successors or assigns, permit any parcel conveyed in this act,
23 or any portion thereof, to be used in violation of this
24 subsection, the title shall immediately revert to and revest in
25 the grantor.
26 (e) Execution.--The deed of conveyance shall be by Special
27 Warranty Deed and shall be executed by the Secretary of General
28 Services in the name of the Commonwealth of Pennsylvania.
29 (f) Costs and fees.--Costs and fees incidental to this
30 conveyance shall be borne by the grantee.
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1 (g) Nonconveyance.--In the event that this conveyance is not
2 executed within six months of the effective date of this act,
3 the property may be disposed of in accordance with Article 2406-
4 A of the act of April 9, 1929 (P.L.177, No.175), known as The
5 Administrative Code of 1929.
6 Section 2. Effective date. <--
7 This act shall take effect immediately.
8 SECTION 2. CONVEYANCE IN HARTLEY TOWNSHIP, UNION COUNTY. <--
9 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
10 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED,
11 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND
12 CONVEY THE TRACTS OF LAND DESCRIBED IN SUBSECTION (B) AND THE
13 IMPROVEMENTS ERECTED THEREON TO MOUNTAIN VALLEY, INC., A
14 MARYLAND CORPORATION, FOR CONSIDERATION EQUAL TO FAIR MARKET
15 VALUE, AS DETERMINED BY AN INDEPENDENT APPRAISAL.
16 (B) DESCRIPTION.--ALL THOSE CERTAIN TRACTS OR PARCELS OF
17 LAND, WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY
18 TOWNSHIP, UNION COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED
19 AND DESCRIBED AS FOLLOWS:
20 TRACT 1
21 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
22 1 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN GROUP
23 DATED NOVEMBER 9, 1997 AND RECORDED IN THE UNION COUNTY RECORDER
24 OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
25 CONTAINING 266.429-ACRES.
26 TRACT 2
27 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS RESIDUAL LANDS OF
28 THE COMMONWEALTH OF PENNSYLVANIA ON AN ADDITION LOT SUBDIVISION
29 PREPARED BY LARSON DESIGN GROUP, DATED NOVEMBER 9, 1997, AND
30 RECORDED IN THE UNION COUNTY RECORDER OF DEEDS OFFICE IN PLAT
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1 BOOK 19, PAGE 54.
2 CONTAINING 5.993-ACRES.
3 TRACT 3
4 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
5 2 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN
6 GROUP, DATED NOVEMBER 9, 1997, AND RECORDED IN THE UNION COUNTY
7 RECORDER OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
8 CONTAINING 64.428-ACRES.
9 (C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
10 SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
11 INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
12 ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR
13 PIPELINE COMPANIES, AS WELL AS UNDER THE SUBJECT TO ANY
14 INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER
15 OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
16 IMPROVEMENTS ERECTED THEREON.
17 (D) GENERAL LAND USE RESTRICTION.--THE CONVEYANCE SHALL BE
18 UNDER AND SUBJECT TO THE CONDITION, WHICH SHALL BE CONTAINED IN
19 THE DEED, THAT NO PORTION OF THE PROPERTY BEING CONVEYED SHALL
20 BE USED AS A LICENSED FACILITY, AS THAT TERM IS DEFINED IN 4
21 PA.C.S. § 1103 (RELATING TO DEFINITIONS) OR FOR ANY OTHER
22 SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
23 CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
24 BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. IF A
25 GRANTEE, ITS SUCCESSORS OR ASSIGNS PERMIT THE PROPERTY
26 AUTHORIZED TO BE CONVEYED IN THIS SECTION, OR ANY PORTION OF THE
27 PROPERTY, TO BE USED IN VIOLATION OF THIS SUBSECTION, THE TITLE
28 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
29 (E) AGRICULTURAL RESTRICTION.--THAT PORTION OF THE LAND AS
30 DESCRIBED IN TRACT 3 OF SUBSECTION (B) THAT IS CURRENTLY SUBJECT
20050S0697B1036 - 5 -
1 TO THE PROVISIONS OF THE ACT OF JUNE 18, 1982 (P.L.549, NO.159),
2 ENTITLED, "AN ACT PROVIDING FOR THE ADMINISTRATION OF CERTAIN
3 COMMONWEALTH FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE,"
4 SHALL CONTINUE TO BE SUBJECT TO THE RESTRICTIONS PROVIDED FOR IN
5 THAT ACT AND A RESTRICTIVE COVENANT LIMITING THE USES OF THE
6 PROPERTY TO AGRICULTURAL AND OPEN SPACE USES SHALL BE PLACED IN
7 THE DEED.
8 (F) PROCEEDS.--
9 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROCEEDS OF
10 THE CONVEYANCE SHALL BE PAID INTO THE STATE TREASURY AND
11 DEPOSITED IN THE GENERAL FUND.
12 (2) THE PORTION OF THE PROCEEDS OF THE CONVEYANCE
13 ATTRIBUTED TO THE PROPERTY DESCRIBED IN TRACT 3 OF SUBSECTION
14 (B), WHICH PORTION SHALL BE DETERMINED BY AN INDEPENDENT
15 APPRAISAL, SHALL BE DEPOSITED INTO THE AGRICULTURAL
16 CONSERVATION EASEMENT PURCHASE FUND.
17 (G) APPROVAL.--THE DEED OF CONVEYANCE SHALL BE APPROVED AS
18 PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
19 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
20 PENNSYLVANIA.
21 (H) COSTS.--COSTS AND FEES INCIDENTAL TO THE CONVEYANCE
22 SHALL BE BORNE BY THE GRANTEE.
23 (I) ALTERNATE DISPOSAL.--IN THE EVENT THAT THE CONVEYANCE
24 UNDER THIS SECTION IS NOT EXECUTED WITHIN ONE YEAR OF THE
25 EFFECTIVE DATE OF THIS SECTION, THE PROPERTY MAY BE DISPOSED OF
26 IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL 9, 1929
27 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
28 SECTION 3. SECTION 2 OF THE ACT OF DECEMBER 19, 1997
29 (P.L.623, NO.66), ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE
30 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
20050S0697B1036 - 6 -
1 GOVERNOR, TO GRANT AND CONVEY TO THE CITY OF MCKEESPORT A TRACT
2 OF LAND SITUATE IN THE SEVENTH WARD, CITY OF MCKEESPORT,
3 ALLEGHENY COUNTY, AND TO SELL AND CONVEY TO SMITHFIELD TOWNSHIP
4 CERTAIN LAND SITUATE IN THE TOWNSHIP OF SMITHFIELD, HUNTINGDON
5 COUNTY; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
6 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF
7 LAND AND BUILDINGS, CONSISTING OF A PORTION OF THE FORMER
8 LAURELTON CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
9 PENNSYLVANIA," IS REPEALED AS FOLLOWS:
10 [SECTION 2. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH
11 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED
12 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND
13 CONVEY THE FOLLOWING DESCRIBED TRACTS OF LAND AND THE
14 IMPROVEMENTS ERECTED THEREON:
15 ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, WITH
16 IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY TOWNSHIP, UNION
17 COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
18 FOLLOWS:
19 TRACT 1
20 BEGINNING AT AN EXISTING STEEL PIN AND STONES LOCATED ON OR
21 NEAR THE NORTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON THE
22 JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH
23 OF PENNSYLVANIA, BUREAU OF FORESTRY AND LANDS OF THE
24 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
25 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
26 BUREAU OF FORESTRY BY THE FOUR FOLLOWING COURSES AND DISTANCES:
27 1. NORTH 22 DEGREES 29 MINUTES 55 SECONDS EAST, 3685.15
28 FEET, TO AN EXISTING WITNESSED STONE PILE;
29 2. NORTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 831.53 FEET,
30 TO AN EXISTING WITNESSED STONE PILE;
20050S0697B1036 - 7 -
1 3. SOUTH 75 DEGREES 02 MINUTES 58 SECONDS EAST, 143.22 FEET,
2 TO A POINT EAST OF STONY RUN ROAD;
3 4. SOUTH 25 DEGREES 32 MINUTES 58 SECONDS EAST, 1472.86
4 FEET, TO AN EXISTING WITNESSED STONE PILE EAST OF STONY RUN
5 ROAD;
6 5. THENCE ALONG LANDS OF WILLIAM G. RODGERS AND LANDS OF W.
7 JAMES BEAMESDERFER AND CRAIG A. BEAMESDERFER AND CROSSING STONY
8 RUN ROAD, SOUTH 75 DEGREES 56 MINUTES 43 SECONDS WEST, 221.73
9 FEET, TO AN EXISTING STONE PILE;
10 6. THENCE ALONG LANDS W. OF JAMES BEAMESDERFER AND CRAIG A.
11 BEAMESDERFER AND LANDS OF EILEEN R. WIAND AND LISA L. MATTERN,
12 SOUTH 20 DEGREES 40 MINUTES 20 SECONDS EAST, 1491.80 FEET, TO AN
13 EXISTING WITNESSED STONE PILE;
14 7. THENCE ALONG LANDS OF EILEEN R. WIAND AND LISA L.
15 MATTERN, NORTH 65 DEGREES 52 MINUTES 26 SECONDS EAST, 319.07
16 FEET, TO A POINT IN THE CENTER OF STONY RUN ROAD.
17 THENCE ALONG THE CENTER OF STONY RUN ROAD AND LANDS OF THE
18 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF FORESTRY, BY THE EIGHT
19 FOLLOWING COURSES AND DISTANCES:
20 1. SOUTH 33 DEGREES 57 MINUTES 45 SECONDS EAST, 570.05 FEET,
21 TO POINT IN THE CENTER OF STONY RUN ROAD;
22 2. SOUTH 33 DEGREES 07 MINUTES 08 SECONDS EAST, 653.60 FEET,
23 TO POINT IN THE CENTER OF STONY RUN ROAD;
24 3. SOUTH 30 DEGREES 01 MINUTE 39 SECONDS EAST, 122.79 FEET,
25 TO POINT IN THE CENTER OF STONY RUN ROAD;
26 4. SOUTH 21 DEGREES 25 MINUTES 18 SECONDS EAST, 74.09 FEET,
27 TO POINT IN THE CENTER OF STONY RUN ROAD;
28 5. SOUTH 07 DEGREES 41 MINUTES 59 SECONDS EAST, 91.09 FEET,
29 TO POINT IN THE CENTER OF STONY RUN ROAD;
30 6. SOUTH 04 DEGREES 55 MINUTES 47 SECONDS WEST, 109.33 FEET,
20050S0697B1036 - 8 -
1 TO POINT IN THE CENTER OF STONY RUN ROAD;
2 7. SOUTH 09 DEGREES 10 MINUTES 51 SECONDS WEST, 414.31 FEET,
3 TO POINT IN THE CENTER OF STONY RUN ROAD;
4 8. SOUTH 09 DEGREES 14 MINUTES 46 SECONDS WEST, 603.60 FEET,
5 TO POINT ON THE NORTHERN RIGHT-OF-WAY OF S.R. 0045.
6 THENCE ALONG THE NORTHERN RIGHT-OF-WAY S.R. 0045 BY THE 13
7 FOLLOWING COURSES AND DISTANCES:
8 1. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 263.53 FEET,
9 TO A POINT;
10 2. NORTH 19 DEGREES 39 MINUTES 48 SECONDS EAST, 5.00 FEET,
11 TO A POINT;
12 3. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 150.00 FEET,
13 TO A POINT;
14 4. SOUTH 19 DEGREES 39 MINUTES 48 SECONDS WEST, 5.00 FEET,
15 TO A POINT;
16 5. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 250.29 FEET,
17 TO A POINT;
18 6. NORTH 71 DEGREES 27 MINUTES 12 SECONDS WEST, 359.32 FEET,
19 TO A POINT;
20 7. NORTH 70 DEGREES 18 MINUTES 12 SECONDS WEST, 700.74 FEET,
21 TO A POINT;
22 8. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1288.90
23 FEET, TO A POINT;
24 9. NORTH 19 DEGREES 17 MINUTES 48 SECONDS EAST, 5.00 FEET,
25 TO A POINT;
26 10. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1145.04
27 FEET, TO A POINT;
28 11. BY A CURVE TO THE LEFT HAVING A RADIUS OF 3854.70 FEET,
29 AN ARC LENGTH OF 5.01 FEET AND A CENTRAL ANGLE OF 00 DEGREES 04
30 MINUTES 28 SECONDS AND A CHORD OF NORTH 70 DEGREES 44 MINUTES 26
20050S0697B1036 - 9 -
1 SECONDS WEST, 5.01 INCHES;
2 12. SOUTH 19 DEGREES 13 MINUTES 20 SECONDS WEST, 5.00 FEET,
3 TO A POINT;
4 13. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 3849.70 FEET,
5 AN ARC LENGTH OF 277.72 INCHES AND A CENTRAL ANGLE OF 04 DEGREES
6 08 MINUTES 00 SECONDS AND A CHORD OF NORTH 72 DEGREES 50 MINUTES
7 40 SECONDS WEST, 277.66 FEET, TO AN EXISTING STEEL PIN AND
8 STONES, THE POINT AND PLACE OF BEGINNING.
9 TRACT 1 CONTAINING 266.428 ACRES AS ABOVE DESCRIBED.
10 TRACT 2
11 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 2850
12 FEET EAST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
13 BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY LINE OF S.R. 0045 AND
14 ON THE DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH OF
15 PENNSYLVANIA AND LANDS OF ARLON E. WALLACE AND CRYSTAL A.
16 HEETER.
17 1. THENCE ALONG LANDS OF ARLON E. WALLACE AND CRYSTAL A.
18 HEETER AND LANDS OF BRADLEY F. WALTER AND ANGELIA WALTER, SOUTH
19 08 DEGREES 15 MINUTES 05 SECONDS WEST, 1253.61 FEET, TO AN
20 EXISTING TWIN OAK TREE;
21 2. THENCE ALONG LANDS OF RAYMOND HOOVER AND WILMA HOOVER,
22 NORTH 79 DEGREES 40 MINUTES 38 SECONDS WEST, 859.47 FEET, TO AN
23 EXISTING STEEL PIN;
24 3. THENCE ALONG LANDS OF RICHARD J. HARVEY AND JANET L.
25 HARVEY AND LANDS OF MONTANA L. SCHLEGEL AND JANICE M. SCHLEGEL,
26 NORTH 18 DEGREES 33 MINUTES 56 SECONDS WEST, 840.74 FEET, TO AN
27 EXISTING STEEL PIN;
28 4. THENCE ALONG LANDS OF MONTANA L. SCHLEGEL AND JANICE M.
29 SCHLEGEL, SOUTH 72 DEGREES 46 MINUTES 49 SECONDS WEST, 762.09
30 FEET, TO A POINT ON THE EASTERN RIGHT-OF-WAY OF S.R. 0235.
20050S0697B1036 - 10 -
1 THENCE ALONG THE EASTERN RIGHT-OF-WAY OF S.R. 0235 BY THE
2 FOUR FOLLOWING COURSES AND DISTANCES:
3 1. NORTH 26 DEGREES 19 MINUTES 18 SECONDS WEST, 731.70 FEET,
4 TO A POINT;
5 2. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 2844.79 FEET,
6 AN ARC LENGTH OF 354.94 FEET, AND A CENTRAL ANGLE OF 07 DEGREES
7 08 MINUTES 55 SECONDS, AND A CHORD OF NORTH 22 DEGREES 44
8 MINUTES 50 SECONDS WEST, 354.71 FEET TO A POINT;
9 3. NORTH 19 DEGREES 10 MINUTES 23 SECONDS WEST, 478.05 FEET
10 TO A POINT;
11 4. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 35 FEET, AN
12 ARC LENGTH OF 78.70 FEET, AND A CENTRAL ANGLE OF 128 DEGREES 50
13 MINUTES 11 SECONDS, AND A CHORD OF NORTH 45 DEGREES 14 MINUTES
14 43 SECONDS EAST, 63.14 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-
15 WAY OF S.R. 0045.
16 THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 BY THE
17 THREE FOLLOWING COURSES AND DISTANCES:
18 1. SOUTH 70 DEGREES 20 MINUTES 12 SECONDS EAST, 1020.05
19 FEET, TO A POINT;
20 2. SOUTH 69 DEGREES 40 MINUTES 12 SECONDS EAST, 1556.28
21 FEET, TO A POINT;
22 3. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1318.45 FEET,
23 AN ARC LENGTH OF 192.46 FEET, AND A CENTRAL ANGLE OF 08 DEGREES
24 21 MINUTES 49 SECONDS, AND A CHORD OF SOUTH 65 DEGREES 29
25 MINUTES 18 SECONDS EAST, 192.28 FEET TO AN EXISTING STEEL PIN,
26 THE POINT AND PLACE OF BEGINNING.
27 TRACT 2 CONTAINING 64.428 ACRES AS ABOVE DESCRIBED.
28 TRACT 3
29 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 1180
30 FEET WEST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
20050S0697B1036 - 11 -
1 BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON
2 THE JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE
3 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CONSERVATION AND
4 NATURAL RESOURCES, AND LANDS OF THE COMMONWEALTH OF
5 PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
6 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
7 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BY THE 12
8 COURSES AND DISTANCES:
9 1. SOUTH 19 DEGREES 12 MINUTES 21 SECONDS WEST, 198.88 FEET
10 TO AN EXISTING STEEL PIN;
11 2. SOUTH 67 DEGREES 09 MINUTES 50 SECONDS EAST, 127.12 FEET
12 TO A POINT;
13 3. SOUTH 28 DEGREES 08 MINUTES 01 SECOND EAST, 256.88 FEET
14 TO A POINT;
15 4. SOUTH 150 DEGREES 52 MINUTES 30 SECONDS WEST, 191.06 FEET
16 TO AN EXISTING STEEL PIN;
17 5. SOUTH 40 DEGREES 31 MINUTES 46 SECONDS EAST, 230.04 FEET
18 TO AN EXISTING STEEL PIN;
19 6. SOUTH 71 DEGREES 04 MINUTES 15 SECONDS WEST, 186.38 FEET
20 TO AN EXISTING STEEL PIN;
21 7. SOUTH 84 DEGREES 43 MINUTES 54 SECONDS WEST, 300.50 FEET
22 TO AN EXISTING STEEL PIN;
23 8. NORTH 68 DEGREES 29 MINUTES 54 SECONDS WEST, 173.17 FEET
24 TO AN EXISTING STEEL PIN;
25 9. NORTH 04 DEGREES 18 MINUTES 51 SECONDS EAST, 692.26 FEET
26 TO AN EXISTING STEEL PIN;
27 10. NORTH 30 DEGREES 23 MINUTES 16 SECONDS WEST, 123.70 FEET
28 TO AN EXISTING STEEL PIN;
29 11. NORTH 13 DEGREES 21 MINUTES 43 SECONDS WEST, 206.87 FEET
30 TO AN EXISTING STEEL PIN;
20050S0697B1036 - 12 -
1 12. SOUTH 70 DEGREES 42 MINUTES 12 SECONDS EAST, 94.27 FEET
2 TO AN EXISTING STEEL PIN;
3 13. THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045,
4 SOUTH 70 DEGREES 18 MINUTES 12 SECONDS EAST, 356.77 FEET TO AN
5 EXISTING STEEL PIN, THE POINT AND PLACE OF BEGINNING.
6 TRACT 3 CONTAINING 9.832 ACRES AS ABOVE DESCRIBED.
7 (B) THE THREE TRACTS UNDER THIS SECTION OR PARTS THEREOF MAY
8 BE OFFERED TOGETHER OR SEPARATELY.
9 (C) NOTWITHSTANDING ARTICLE XXIV-A OF THE ACT OF APRIL 9,
10 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
11 1929, THE DEPARTMENT OF GENERAL SERVICES SHALL, THROUGH SEALED
12 BIDS, AUCTION OR REQUEST FOR PROPOSAL, SELECT THE PURCHASER OF
13 THE TRACTS AND SELL THE PROPERTY UNDER THIS SECTION. ACCEPTANCE
14 OF AN OFFER SHALL BE SUBJECT TO A MINIMUM PRICE REQUIREMENT AS
15 ESTABLISHED BY THE DEPARTMENT WHICH SHALL BE WITHIN A RANGE OF
16 FAIR MARKET VALUE AS ESTABLISHED THROUGH INDEPENDENT APPRAISAL.
17 PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR PROPOSAL MUST
18 DEMONSTRATE A VALUE TO THE COMMONWEALTH EQUIVALENT, TO THE FAIR
19 MARKET VALUE RANGE AS ESTABLISHED BY THE DEPARTMENT THROUGH
20 INDEPENDENT APPRAISAL. IN ESTABLISHING THE VALUE EQUIVALENT THE
21 DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS: ACTUAL MONETARY
22 CONSIDERATION, CREATION OF CONSTRUCTION JOBS, CREATION OF
23 PERMANENT JOBS, EXPANSION OF LOCAL TAX BASE, ECONOMIC GROWTH,
24 COMMUNITY DEVELOPMENT, HIGHEST AND BEST USE AND PUBLIC PURPOSE.
25 (D) THE CONVEYANCES SHALL BE MADE UNDER AND SUBJECT TO ALL
26 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
27 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
28 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
29 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
30 VESTED IN THEIR PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
20050S0697B1036 - 13 -
1 ANY PORTION OF LAND OR IMPROVEMENTS ERECTED THEREON.
2 (E) THE DEEDS OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
3 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
4 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
5 (F) COSTS AND FEES INCIDENTAL TO THE CONVEYANCE UNDER
6 SUBSECTION (A) SHALL BE BORNE BY THE GRANTEE.
7 (G) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
8 SERVICES FOR PREPARING THE PROPERTY UNDER SUBSECTION (B) FOR
9 SALE, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ASSESSMENTS,
10 MARKETING SERVICES, TITLE SEARCHES, ADVERTISING, APPRAISALS,
11 AUCTIONEER FEES AND SURVEYS, AND BY THE DEPARTMENT OF PUBLIC
12 WELFARE FOR PROTECTING AND SECURING THE PROPERTY SHALL BE
13 DEDUCTED FROM THE PURCHASE PRICE, AND THAT AMOUNT SHALL BE AN
14 EXECUTIVELY AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM
15 WHICH THE COSTS AND FEES WERE PAID BY THE DEPARTMENTS, WITH
16 PRIORITY REIMBURSEMENTS BEING MADE TO GENERAL SERVICES AND THEN
17 PUBLIC WELFARE.
18 (H) THAT PORTION OF THE CONVEYANCE AUTHORIZED BY SUBSECTION
19 (B) CURRENTLY SUBJECT TO THE PROVISION OF THE ACT OF JUNE 18,
20 1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
21 ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
22 DEPARTMENT OF AGRICULTURE," SHALL CONTINUE TO BE SUBJECT TO THE
23 RESTRICTIONS PROVIDED FOR IN THAT ACT AND A RESTRICTIVE COVENANT
24 LIMITING THE USES OF SUCH PROPERTY TO AGRICULTURAL/OPEN SPACE
25 USES SHALL BE PLACED IN THE DEED.]
26 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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