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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 834, 875, 935,           PRINTER'S NO. 1060
        970, 1036

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 697 Session of 2005


        INTRODUCED BY STOUT, MAY 23, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF  REPRESENTATIVES,
           JULY 2, 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.; AUTHORIZING THE    <--
    11     DEPARTMENT OF GENERAL SERVICES, WITH THE CONCURRENCE OF THE
    12     DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO LEASE TO PIER 25
    13     NORTH ASSOCIATES LIMITED PARTNERSHIP LAND WITHIN THE BED OF
    14     THE DELAWARE RIVER IN THE CITY OF PHILADELPHIA; AND
    15     AUTHORIZING THE DEPARTMENT OF TRANSPORTATION TO CONVEY TO
    16     MONTOUR COUNTY TWO TRACTS OF LAND SITUATE IN THE BOROUGH OF
    17     DANVILLE, MONTOUR COUNTY, PENNSYLVANIA.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20  Section 1.  Conveyance in Morgan and Franklin Townships, Greene
    21                 County, Pennsylvania.
    22     (a)  Authorization.--The Department of General Services, with
    23  the approval of the Governor, is hereby authorized and directed


     1  on behalf of the Commonwealth of Pennsylvania to grant and
     2  convey to Basalt Trap Rock Company, or their assigns, all that
     3  certain land and improvements thereon, known as the Waynesburg
     4  State Correctional Institution, described in subsection (b) for
     5  $990,000.
     6     (b)  Description.--The property to be conveyed pursuant to
     7  subsection (a) consists of approximately 117 acres described as
     8  follows:
     9     Beginning at a White Oak corner to lands of Warren Jacobs and
    10  Stephen Crayne Estate, thence by lands of Stephen Crayne Estate
    11  and Joseph Harding, north 54 degrees 36 minutes east 2242.77
    12  feet to a point; thence by lands of Joseph Harding north 54
    13  degrees 36 minutes east 529.32 feet to a point; thence by lands
    14  of Ed Burnfield, north 10 degrees 6 minutes west 86.55 feet to a
    15  point, thence by lands of W. H. R. Hoge Estate, north 74 degrees
    16  7 minutes 30 seconds east 232.75 feet to a point, thence by the
    17  same, north 56 degrees 55 minutes 30 seconds east 921.33 feet to
    18  a point; thence by lands of John B. Harry, south 8 degrees 39
    19  minutes east 131.82 feet to a point, thence by same, north 64
    20  degrees 30 minutes east 898.6 to a White Oak; thence by same
    21  south 43 degrees 15 minutes east 1445.4 feet to a point; thence
    22  by lands of Ben Jacobs, south 22 degrees 45 minutes east 561
    23  feet to a point, thence along Ten Mile Creek, north 87 degrees
    24  24 minutes west 1389.79 feet to a point, thence by same south 6
    25  degrees 30 minutes west 346.5 feet to a point, thence by lands
    26  of Noah Sproat, north 81 degrees 15 minutes west 874.5 feet to a
    27  point, thence by same north 64 degrees 13 minutes west 582.5
    28  feet to a point, thence by same south 84 degrees 37 minutes west
    29  63.35 feet to a point, thence by same south 46 degrees 13
    30  minutes west 19.15 feet to a point, thence by same south 46
    20050S0697B1060                  - 2 -     

     1  degrees 13 minutes west 2272.67 feet to a point, thence by lands
     2  of Warren Jacobs, north 53 degrees 55 minutes west 921.2 feet to
     3  a White Oak, the place of Beginning.
     4     Containing: 117.0577 acres, more or less, according to a
     5  survey made June, 1960, by Fred L. Miller, Registered Surveyor.
     6     Being the same lands conveyed to the Commonwealth of
     7  Pennsylvania by deed of the General State Authority, dated June
     8  16, 1989, and recorded in Greene County Deed Book 74, page 895.
     9     (c)  Easements.--The conveyance shall be made under and
    10  subject to all lawful and enforceable easements, servitudes and
    11  rights of others, including, but not confined to, streets,
    12  roadways and rights of any telephone, telegraph, water,
    13  electric, gas or pipeline companies, as well as any lawful and
    14  enforceable estates or tenancies vested in third persons
    15  appearing of record, for any portion of the land or improvements
    16  erected thereon.
    17     (d)  Land use restriction.--Any conveyance authorized under
    18  this act shall be made under and subject to the condition, which
    19  shall be contained in the deed of conveyance, that no portion of
    20  the parcels conveyed shall be used as the location for a          <--
    21  licensed gaming entity authorized under 4 Pa.C.S. Pt. II
    22  (relating to gaming) A LICENSED FACILITY AS THAT TERM IS DEFINED  <--
    23  IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS) or similar type of
    24  facility authorized under the law of this Commonwealth. The
    25  condition shall be a covenant running with the land and shall be
    26  binding upon the grantee, its successors and assigns. Should any
    27  grantee, its successors or assigns, permit any parcel conveyed
    28  in this act, or any portion thereof, to be used in violation of
    29  this subsection, the title shall immediately revert to and
    30  revest in the grantor.
    20050S0697B1060                  - 3 -     

     1     (e)  Execution.--The deed of conveyance shall be by Special
     2  Warranty Deed and shall be executed by the Secretary of General
     3  Services in the name of the Commonwealth of Pennsylvania.
     4     (f)  Costs and fees.--Costs and fees incidental to this
     5  conveyance shall be borne by the grantee.
     6     (g)  Nonconveyance.--In the event that this conveyance is not
     7  executed within six months of the effective date of this act,
     8  the property may be disposed of in accordance with Article 2406-
     9  A of the act of April 9, 1929 (P.L.177, No.175), known as The
    10  Administrative Code of 1929.
    11  Section 2.  Effective date.                                       <--
    12     This act shall take effect immediately.
    13  SECTION 2.  CONVEYANCE IN HARTLEY TOWNSHIP, UNION COUNTY.         <--
    14     (A)  AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
    15  THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED,
    16  ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND
    17  CONVEY THE TRACTS OF LAND DESCRIBED IN SUBSECTION (B) AND THE
    18  IMPROVEMENTS ERECTED THEREON TO MOUNTAIN VALLEY, INC., A
    19  MARYLAND CORPORATION, FOR CONSIDERATION EQUAL TO FAIR MARKET
    20  VALUE, AS DETERMINED BY AN INDEPENDENT APPRAISAL.
    21     (B)  DESCRIPTION.--ALL THOSE CERTAIN TRACTS OR PARCELS OF
    22  LAND, WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY
    23  TOWNSHIP, UNION COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED
    24  AND DESCRIBED AS FOLLOWS:
    25                              TRACT 1
    26     ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
    27  1 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN GROUP
    28  DATED NOVEMBER 9, 1997 AND RECORDED IN THE UNION COUNTY RECORDER
    29  OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
    30     CONTAINING 266.429-ACRES.
    20050S0697B1060                  - 4 -     

     1                              TRACT 2
     2     ALL THAT CERTAIN PARCEL OF LAND SHOWN AS RESIDUAL LANDS OF
     3  THE COMMONWEALTH OF PENNSYLVANIA ON AN ADDITION LOT SUBDIVISION
     4  PREPARED BY LARSON DESIGN GROUP, DATED NOVEMBER 9, 1997, AND
     5  RECORDED IN THE UNION COUNTY RECORDER OF DEEDS OFFICE IN PLAT
     6  BOOK 19, PAGE 54.
     7     CONTAINING 5.993-ACRES.
     8                              TRACT 3
     9     ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
    10  2 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN
    11  GROUP, DATED NOVEMBER 9, 1997, AND RECORDED IN THE UNION COUNTY
    12  RECORDER OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
    13     CONTAINING 64.428-ACRES.
    14     (C)  EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
    15  SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
    16  INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
    17  ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR
    18  PIPELINE COMPANIES, AS WELL AS UNDER THE SUBJECT TO ANY
    19  INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER
    20  OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
    21  IMPROVEMENTS ERECTED THEREON.
    22     (D)  GENERAL LAND USE RESTRICTION.--THE CONVEYANCE SHALL BE
    23  UNDER AND SUBJECT TO THE CONDITION, WHICH SHALL BE CONTAINED IN
    24  THE DEED, THAT NO PORTION OF THE PROPERTY BEING CONVEYED SHALL
    25  BE USED AS A LICENSED FACILITY, AS THAT TERM IS DEFINED IN 4
    26  PA.C.S. § 1103 (RELATING TO DEFINITIONS) OR FOR ANY OTHER
    27  SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
    28  CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
    29  BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. IF A
    30  GRANTEE, ITS SUCCESSORS OR ASSIGNS PERMIT THE PROPERTY
    20050S0697B1060                  - 5 -     

     1  AUTHORIZED TO BE CONVEYED IN THIS SECTION, OR ANY PORTION OF THE
     2  PROPERTY, TO BE USED IN VIOLATION OF THIS SUBSECTION, THE TITLE
     3  SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
     4     (E)  AGRICULTURAL RESTRICTION.--THAT PORTION OF THE LAND AS
     5  DESCRIBED IN TRACT 3 OF SUBSECTION (B) THAT IS CURRENTLY SUBJECT
     6  TO THE PROVISIONS OF THE ACT OF JUNE 18, 1982 (P.L.549, NO.159),
     7  ENTITLED, "AN ACT PROVIDING FOR THE ADMINISTRATION OF CERTAIN
     8  COMMONWEALTH FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE,"
     9  SHALL CONTINUE TO BE SUBJECT TO THE RESTRICTIONS PROVIDED FOR IN
    10  THAT ACT AND A RESTRICTIVE COVENANT LIMITING THE USES OF THE
    11  PROPERTY TO AGRICULTURAL AND OPEN SPACE USES SHALL BE PLACED IN
    12  THE DEED.
    13     (F)  PROCEEDS.--
    14         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROCEEDS OF
    15     THE CONVEYANCE SHALL BE PAID INTO THE STATE TREASURY AND
    16     DEPOSITED IN THE GENERAL FUND.
    17         (2)  THE PORTION OF THE PROCEEDS OF THE CONVEYANCE
    18     ATTRIBUTED TO THE PROPERTY DESCRIBED IN TRACT 3 OF SUBSECTION
    19     (B), WHICH PORTION SHALL BE DETERMINED BY AN INDEPENDENT
    20     APPRAISAL, SHALL BE DEPOSITED INTO THE AGRICULTURAL
    21     CONSERVATION EASEMENT PURCHASE FUND.
    22     (G)  APPROVAL.--THE DEED OF CONVEYANCE SHALL BE APPROVED AS
    23  PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
    24  GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
    25  PENNSYLVANIA.
    26     (H)  COSTS.--COSTS AND FEES INCIDENTAL TO THE CONVEYANCE
    27  SHALL BE BORNE BY THE GRANTEE.
    28     (I)  ALTERNATE DISPOSAL.--IN THE EVENT THAT THE CONVEYANCE
    29  UNDER THIS SECTION IS NOT EXECUTED WITHIN ONE YEAR OF THE
    30  EFFECTIVE DATE OF THIS SECTION, THE PROPERTY MAY BE DISPOSED OF
    20050S0697B1060                  - 6 -     

     1  IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL 9, 1929
     2  (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
     3     SECTION 3.  SECTION 2 OF THE ACT OF DECEMBER 19, 1997
     4  (P.L.623, NO.66), ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE
     5  DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
     6  GOVERNOR, TO GRANT AND CONVEY TO THE CITY OF MCKEESPORT A TRACT
     7  OF LAND SITUATE IN THE SEVENTH WARD, CITY OF MCKEESPORT,
     8  ALLEGHENY COUNTY, AND TO SELL AND CONVEY TO SMITHFIELD TOWNSHIP
     9  CERTAIN LAND SITUATE IN THE TOWNSHIP OF SMITHFIELD, HUNTINGDON
    10  COUNTY; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
    11  SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF
    12  LAND AND BUILDINGS, CONSISTING OF A PORTION OF THE FORMER
    13  LAURELTON CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
    14  PENNSYLVANIA," IS REPEALED AS FOLLOWS:
    15     [SECTION 2.  (A)  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 THE FOLLOWING DESCRIBED TRACTS OF LAND AND THE
    19  IMPROVEMENTS ERECTED THEREON:
    20     ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, WITH
    21  IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY TOWNSHIP, UNION
    22  COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
    23  FOLLOWS:
    24                              TRACT 1
    25     BEGINNING AT AN EXISTING STEEL PIN AND STONES LOCATED ON OR
    26  NEAR THE NORTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON THE
    27  JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH
    28  OF PENNSYLVANIA, BUREAU OF FORESTRY AND LANDS OF THE
    29  COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
    30     THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
    20050S0697B1060                  - 7 -     

     1  BUREAU OF FORESTRY BY THE FOUR FOLLOWING COURSES AND DISTANCES:
     2     1.  NORTH 22 DEGREES 29 MINUTES 55 SECONDS EAST, 3685.15
     3  FEET, TO AN EXISTING WITNESSED STONE PILE;
     4     2.  NORTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 831.53 FEET,
     5  TO AN EXISTING WITNESSED STONE PILE;
     6     3.  SOUTH 75 DEGREES 02 MINUTES 58 SECONDS EAST, 143.22 FEET,
     7  TO A POINT EAST OF STONY RUN ROAD;
     8     4.  SOUTH 25 DEGREES 32 MINUTES 58 SECONDS EAST, 1472.86
     9  FEET, TO AN EXISTING WITNESSED STONE PILE EAST OF STONY RUN
    10  ROAD;
    11     5.  THENCE ALONG LANDS OF WILLIAM G. RODGERS AND LANDS OF W.
    12  JAMES BEAMESDERFER AND CRAIG A. BEAMESDERFER AND CROSSING STONY
    13  RUN ROAD, SOUTH 75 DEGREES 56 MINUTES 43 SECONDS WEST, 221.73
    14  FEET, TO AN EXISTING STONE PILE;
    15     6.  THENCE ALONG LANDS W. OF JAMES BEAMESDERFER AND CRAIG A.
    16  BEAMESDERFER AND LANDS OF EILEEN R. WIAND AND LISA L. MATTERN,
    17  SOUTH 20 DEGREES 40 MINUTES 20 SECONDS EAST, 1491.80 FEET, TO AN
    18  EXISTING WITNESSED STONE PILE;
    19     7.  THENCE ALONG LANDS OF EILEEN R. WIAND AND LISA L.
    20  MATTERN, NORTH 65 DEGREES 52 MINUTES 26 SECONDS EAST, 319.07
    21  FEET, TO A POINT IN THE CENTER OF STONY RUN ROAD.
    22     THENCE ALONG THE CENTER OF STONY RUN ROAD AND LANDS OF THE
    23  COMMONWEALTH OF PENNSYLVANIA, BUREAU OF FORESTRY, BY THE EIGHT
    24  FOLLOWING COURSES AND DISTANCES:
    25     1.  SOUTH 33 DEGREES 57 MINUTES 45 SECONDS EAST, 570.05 FEET,
    26  TO POINT IN THE CENTER OF STONY RUN ROAD;
    27     2.  SOUTH 33 DEGREES 07 MINUTES 08 SECONDS EAST, 653.60 FEET,
    28  TO POINT IN THE CENTER OF STONY RUN ROAD;
    29     3.  SOUTH 30 DEGREES 01 MINUTE 39 SECONDS EAST, 122.79 FEET,
    30  TO POINT IN THE CENTER OF STONY RUN ROAD;
    20050S0697B1060                  - 8 -     

     1     4.  SOUTH 21 DEGREES 25 MINUTES 18 SECONDS EAST, 74.09 FEET,
     2  TO POINT IN THE CENTER OF STONY RUN ROAD;
     3     5.  SOUTH 07 DEGREES 41 MINUTES 59 SECONDS EAST, 91.09 FEET,
     4  TO POINT IN THE CENTER OF STONY RUN ROAD;
     5     6.  SOUTH 04 DEGREES 55 MINUTES 47 SECONDS WEST, 109.33 FEET,
     6  TO POINT IN THE CENTER OF STONY RUN ROAD;
     7     7.  SOUTH 09 DEGREES 10 MINUTES 51 SECONDS WEST, 414.31 FEET,
     8  TO POINT IN THE CENTER OF STONY RUN ROAD;
     9     8.  SOUTH 09 DEGREES 14 MINUTES 46 SECONDS WEST, 603.60 FEET,
    10  TO POINT ON THE NORTHERN RIGHT-OF-WAY OF S.R. 0045.
    11     THENCE ALONG THE NORTHERN RIGHT-OF-WAY S.R. 0045 BY THE 13
    12  FOLLOWING COURSES AND DISTANCES:
    13     1.  NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 263.53 FEET,
    14  TO A POINT;
    15     2.  NORTH 19 DEGREES 39 MINUTES 48 SECONDS EAST, 5.00 FEET,
    16  TO A POINT;
    17     3. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 150.00 FEET,
    18  TO A POINT;
    19     4.  SOUTH 19 DEGREES 39 MINUTES 48 SECONDS WEST, 5.00 FEET,
    20  TO A POINT;
    21     5.  NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 250.29 FEET,
    22  TO A POINT;
    23     6.  NORTH 71 DEGREES 27 MINUTES 12 SECONDS WEST, 359.32 FEET,
    24  TO A POINT;
    25     7.  NORTH 70 DEGREES 18 MINUTES 12 SECONDS WEST, 700.74 FEET,
    26  TO A POINT;
    27     8.  NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1288.90
    28  FEET, TO A POINT;
    29     9.  NORTH 19 DEGREES 17 MINUTES 48 SECONDS EAST, 5.00 FEET,
    30  TO A POINT;
    20050S0697B1060                  - 9 -     

     1     10.  NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1145.04
     2  FEET, TO A POINT;
     3     11.  BY A CURVE TO THE LEFT HAVING A RADIUS OF 3854.70 FEET,
     4  AN ARC LENGTH OF 5.01 FEET AND A CENTRAL ANGLE OF 00 DEGREES 04
     5  MINUTES 28 SECONDS AND A CHORD OF NORTH 70 DEGREES 44 MINUTES 26
     6  SECONDS WEST, 5.01 INCHES;
     7     12.  SOUTH 19 DEGREES 13 MINUTES 20 SECONDS WEST, 5.00 FEET,
     8  TO A POINT;
     9     13.  BY A CURVE TO THE RIGHT HAVING A RADIUS OF 3849.70 FEET,
    10  AN ARC LENGTH OF 277.72 INCHES AND A CENTRAL ANGLE OF 04 DEGREES
    11  08 MINUTES 00 SECONDS AND A CHORD OF NORTH 72 DEGREES 50 MINUTES
    12  40 SECONDS WEST, 277.66 FEET, TO AN EXISTING STEEL PIN AND
    13  STONES, THE POINT AND PLACE OF BEGINNING.
    14     TRACT 1 CONTAINING 266.428 ACRES AS ABOVE DESCRIBED.
    15                              TRACT 2
    16     BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 2850
    17  FEET EAST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
    18  BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY LINE OF S.R. 0045 AND
    19  ON THE DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH OF
    20  PENNSYLVANIA AND LANDS OF ARLON E. WALLACE AND CRYSTAL A.
    21  HEETER.
    22     1.  THENCE ALONG LANDS OF ARLON E. WALLACE AND CRYSTAL A.
    23  HEETER AND LANDS OF BRADLEY F. WALTER AND ANGELIA WALTER, SOUTH
    24  08 DEGREES 15 MINUTES 05 SECONDS WEST, 1253.61 FEET, TO AN
    25  EXISTING TWIN OAK TREE;
    26     2.  THENCE ALONG LANDS OF RAYMOND HOOVER AND WILMA HOOVER,
    27  NORTH 79 DEGREES 40 MINUTES 38 SECONDS WEST, 859.47 FEET, TO AN
    28  EXISTING STEEL PIN;
    29     3.  THENCE ALONG LANDS OF RICHARD J. HARVEY AND JANET L.
    30  HARVEY AND LANDS OF MONTANA L. SCHLEGEL AND JANICE M. SCHLEGEL,
    20050S0697B1060                 - 10 -     

     1  NORTH 18 DEGREES 33 MINUTES 56 SECONDS WEST, 840.74 FEET, TO AN
     2  EXISTING STEEL PIN;
     3     4.  THENCE ALONG LANDS OF MONTANA L. SCHLEGEL AND JANICE M.
     4  SCHLEGEL, SOUTH 72 DEGREES 46 MINUTES 49 SECONDS WEST, 762.09
     5  FEET, TO A POINT ON THE EASTERN RIGHT-OF-WAY OF S.R. 0235.
     6     THENCE ALONG THE EASTERN RIGHT-OF-WAY OF S.R. 0235 BY THE
     7  FOUR FOLLOWING COURSES AND DISTANCES:
     8     1.  NORTH 26 DEGREES 19 MINUTES 18 SECONDS WEST, 731.70 FEET,
     9  TO A POINT;
    10     2.  BY A CURVE TO THE RIGHT HAVING A RADIUS OF 2844.79 FEET,
    11  AN ARC LENGTH OF 354.94 FEET, AND A CENTRAL ANGLE OF 07 DEGREES
    12  08 MINUTES 55 SECONDS, AND A CHORD OF NORTH 22 DEGREES 44
    13  MINUTES 50 SECONDS WEST, 354.71 FEET TO A POINT;
    14     3.  NORTH 19 DEGREES 10 MINUTES 23 SECONDS WEST, 478.05 FEET
    15  TO A POINT;
    16     4.  BY A CURVE TO THE RIGHT HAVING A RADIUS OF 35 FEET, AN
    17  ARC LENGTH OF 78.70 FEET, AND A CENTRAL ANGLE OF 128 DEGREES 50
    18  MINUTES 11 SECONDS, AND A CHORD OF NORTH 45 DEGREES 14 MINUTES
    19  43 SECONDS EAST, 63.14 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-
    20  WAY OF S.R. 0045.
    21     THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 BY THE
    22  THREE FOLLOWING COURSES AND DISTANCES:
    23     1.  SOUTH 70 DEGREES 20 MINUTES 12 SECONDS EAST, 1020.05
    24  FEET, TO A POINT;
    25     2.  SOUTH 69 DEGREES 40 MINUTES 12 SECONDS EAST, 1556.28
    26  FEET, TO A POINT;
    27     3.  BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1318.45 FEET,
    28  AN ARC LENGTH OF 192.46 FEET, AND A CENTRAL ANGLE OF 08 DEGREES
    29  21 MINUTES 49 SECONDS, AND A CHORD OF SOUTH 65 DEGREES 29
    30  MINUTES 18 SECONDS EAST, 192.28 FEET TO AN EXISTING STEEL PIN,
    20050S0697B1060                 - 11 -     

     1  THE POINT AND PLACE OF BEGINNING.
     2     TRACT 2 CONTAINING 64.428 ACRES AS ABOVE DESCRIBED.
     3                              TRACT 3
     4     BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 1180
     5  FEET WEST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
     6  BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON
     7  THE JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE
     8  COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CONSERVATION AND
     9  NATURAL RESOURCES, AND LANDS OF THE COMMONWEALTH OF
    10  PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
    11     THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
    12  DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BY THE 12
    13  COURSES AND DISTANCES:
    14     1.  SOUTH 19 DEGREES 12 MINUTES 21 SECONDS WEST, 198.88 FEET
    15  TO AN EXISTING STEEL PIN;
    16     2.  SOUTH 67 DEGREES 09 MINUTES 50 SECONDS EAST, 127.12 FEET
    17  TO A POINT;
    18     3.  SOUTH 28 DEGREES 08 MINUTES 01 SECOND EAST, 256.88 FEET
    19  TO A POINT;
    20     4.  SOUTH 150 DEGREES 52 MINUTES 30 SECONDS WEST, 191.06 FEET
    21  TO AN EXISTING STEEL PIN;
    22     5.  SOUTH 40 DEGREES 31 MINUTES 46 SECONDS EAST, 230.04 FEET
    23  TO AN EXISTING STEEL PIN;
    24     6.  SOUTH 71 DEGREES 04 MINUTES 15 SECONDS WEST, 186.38 FEET
    25  TO AN EXISTING STEEL PIN;
    26     7.  SOUTH 84 DEGREES 43 MINUTES 54 SECONDS WEST, 300.50 FEET
    27  TO AN EXISTING STEEL PIN;
    28     8.  NORTH 68 DEGREES 29 MINUTES 54 SECONDS WEST, 173.17 FEET
    29  TO AN EXISTING STEEL PIN;
    30     9.  NORTH 04 DEGREES 18 MINUTES 51 SECONDS EAST, 692.26 FEET
    20050S0697B1060                 - 12 -     

     1  TO AN EXISTING STEEL PIN;
     2     10.  NORTH 30 DEGREES 23 MINUTES 16 SECONDS WEST, 123.70 FEET
     3  TO AN EXISTING STEEL PIN;
     4     11.  NORTH 13 DEGREES 21 MINUTES 43 SECONDS WEST, 206.87 FEET
     5  TO AN EXISTING STEEL PIN;
     6     12.  SOUTH 70 DEGREES 42 MINUTES 12 SECONDS EAST, 94.27 FEET
     7  TO AN EXISTING STEEL PIN;
     8     13.  THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045,
     9  SOUTH 70 DEGREES 18 MINUTES 12 SECONDS EAST, 356.77 FEET TO AN
    10  EXISTING STEEL PIN, THE POINT AND PLACE OF BEGINNING.
    11     TRACT 3 CONTAINING 9.832 ACRES AS ABOVE DESCRIBED.
    12     (B)  THE THREE TRACTS UNDER THIS SECTION OR PARTS THEREOF MAY
    13  BE OFFERED TOGETHER OR SEPARATELY.
    14     (C)  NOTWITHSTANDING ARTICLE XXIV-A OF THE ACT OF APRIL 9,
    15  1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
    16  1929, THE DEPARTMENT OF GENERAL SERVICES SHALL, THROUGH SEALED
    17  BIDS, AUCTION OR REQUEST FOR PROPOSAL, SELECT THE PURCHASER OF
    18  THE TRACTS AND SELL THE PROPERTY UNDER THIS SECTION. ACCEPTANCE
    19  OF AN OFFER SHALL BE SUBJECT TO A MINIMUM PRICE REQUIREMENT AS
    20  ESTABLISHED BY THE DEPARTMENT WHICH SHALL BE WITHIN A RANGE OF
    21  FAIR MARKET VALUE AS ESTABLISHED THROUGH INDEPENDENT APPRAISAL.
    22  PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR PROPOSAL MUST
    23  DEMONSTRATE A VALUE TO THE COMMONWEALTH EQUIVALENT, TO THE FAIR
    24  MARKET VALUE RANGE AS ESTABLISHED BY THE DEPARTMENT THROUGH
    25  INDEPENDENT APPRAISAL. IN ESTABLISHING THE VALUE EQUIVALENT THE
    26  DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS: ACTUAL MONETARY
    27  CONSIDERATION, CREATION OF CONSTRUCTION JOBS, CREATION OF
    28  PERMANENT JOBS, EXPANSION OF LOCAL TAX BASE, ECONOMIC GROWTH,
    29  COMMUNITY DEVELOPMENT, HIGHEST AND BEST USE AND PUBLIC PURPOSE.
    30     (D)  THE CONVEYANCES SHALL BE MADE UNDER AND SUBJECT TO ALL
    20050S0697B1060                 - 13 -     

     1  EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
     2  CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
     3  TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
     4  WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
     5  VESTED IN THEIR PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
     6  ANY PORTION OF LAND OR IMPROVEMENTS ERECTED THEREON.
     7     (E)  THE DEEDS 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     (F)  COSTS AND FEES INCIDENTAL TO THE CONVEYANCE UNDER
    11  SUBSECTION (A) SHALL BE BORNE BY THE GRANTEE.
    12     (G)  THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
    13  SERVICES FOR PREPARING THE PROPERTY UNDER SUBSECTION (B) FOR
    14  SALE, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ASSESSMENTS,
    15  MARKETING SERVICES, TITLE SEARCHES, ADVERTISING, APPRAISALS,
    16  AUCTIONEER FEES AND SURVEYS, AND BY THE DEPARTMENT OF PUBLIC
    17  WELFARE FOR PROTECTING AND SECURING THE PROPERTY SHALL BE
    18  DEDUCTED FROM THE PURCHASE PRICE, AND THAT AMOUNT SHALL BE AN
    19  EXECUTIVELY AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM
    20  WHICH THE COSTS AND FEES WERE PAID BY THE DEPARTMENTS, WITH
    21  PRIORITY REIMBURSEMENTS BEING MADE TO GENERAL SERVICES AND THEN
    22  PUBLIC WELFARE.
    23     (H)  THAT PORTION OF THE CONVEYANCE AUTHORIZED BY SUBSECTION
    24  (B) CURRENTLY SUBJECT TO THE PROVISION OF THE ACT OF JUNE 18,
    25  1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
    26  ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
    27  DEPARTMENT OF AGRICULTURE," SHALL CONTINUE TO BE SUBJECT TO THE
    28  RESTRICTIONS PROVIDED FOR IN THAT ACT AND A RESTRICTIVE COVENANT
    29  LIMITING THE USES OF SUCH PROPERTY TO AGRICULTURAL/OPEN SPACE
    30  USES SHALL BE PLACED IN THE DEED.]
    20050S0697B1060                 - 14 -     

     1     SECTION 4.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
     2  SECTION 2.  LAND WITHIN THE DELAWARE RIVER BED.                   <--
     3     (A)  AUTHORIZATION.--THE COMMONWEALTH OWNS THE LANDS WITHIN
     4  THE BED OF THE DELAWARE RIVER, A PORTION OF WHICH LANDS ARE
     5  LOCATED IN THE 5TH WARD OF THE CITY OF PHILADELPHIA, AND
     6  INCLUDES LANDS COMMONLY KNOWN AS PIER 25 NORTH AND THE BOAT SLIP
     7  LOCATED SOUTH OF PIER 25 NORTH. THE DEPARTMENT OF GENERAL
     8  SERVICES, WITH THE CONCURRENCE OF THE DEPARTMENT OF
     9  ENVIRONMENTAL PROTECTION, ACTING ON BEHALF OF THE COMMONWEALTH
    10  IS HEREBY AUTHORIZED TO LEASE, FOR SUCH CONSIDERATION AS SHALL
    11  BE AGREED UPON BY THE PARTIES, TO PIER 25 NORTH ASSOCIATES
    12  LIMITED PARTNERSHIP FOR AN INITIAL TERM OF 99 YEARS, TWO TRACTS
    13  OF LAND WITHIN THE BED OF THE DELAWARE RIVER IN THE CITY OF
    14  PHILADELPHIA, AND TO EXTEND THE PERIOD FOR ALL OR ANY PORTION OF
    15  THE LEASED PREMISES FOR AN ADDITIONAL TERM OF UP TO 99 YEARS.
    16     (B)  DESCRIPTION OF PROPERTY.--THE LAND TO BE LEASED IS MORE
    17  PARTICULARLY DESCRIBED AS FOLLOWS:
    18     TRACT 1 - BEGINNING AT A POINT ON THE BULKHEAD LINE OF THE
    19  DELAWARE RIVER AS APPROVED BY THE SECRETARY OF WAR ON SEPTEMBER
    20  10, 1940, WHICH POINT IS LOCATED THE FOLLOWING THREE COURSES AND
    21  DISTANCES FROM THE POINT OF INTERSECTION OF THE EASTERLY LINE OF
    22  CHRISTOPHER COLUMBUS BOULEVARD (150 FEET WIDE) WITH THE
    23  SOUTHERLY LINE OF FORMER WILLOW STREET PRODUCED: SOUTH 27
    24  DEGREES 52 MINUTES WEST 119 FEET 8 7/8 INCHES TO POINT; SOUTH 74
    25  DEGREES 44 MINUTES 00 SECONDS EAST 23 FEET 10 5/8 INCHES TO A
    26  POINT;
    27  THENCE NORTH 22 DEGREES 01 MINUTE 33 SECONDS EAST 178 FEET 10
    28  1/4 INCHES TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF
    29  BEGINNING SOUTH 73 DEGREES 55 MINUTES 50 SECONDS EAST 506 FEET 0
    30  3/8 INCHES TO A POINT ON THE PIERHEAD LINE OF THE DELAWARE RIVER
    20050S0697B1060                 - 15 -     

     1  AS APPROVED BY THE SECRETARY OF WAR ON SEPTEMBER 10, 1940;
     2  THENCE EXTENDING ALONG THE PIERHEAD LINE OF THE DELAWARE RIVER
     3  THE FOLLOWING TWO COURSES AND DISTANCES; SOUTH 29 DEGREES 05
     4  MINUTES 21 SECONDS WEST 54 FEET 10 3/8 INCHES TO A POINT; SOUTH
     5  19 DEGREES 41 MINUTES 36 SECONDS WEST 43 FEET 0 1/2 INCHES TO A
     6  POINT; THENCE NORTH 74 DEGREES 58 MINUTES 31 SECONDS WEST 502
     7  FEET 0 5/8 INCHES TO A POINT ON THE BULKHEAD LINE OF THE
     8  DELAWARE RIVER; THENCE EXTENDING ALONG THE BULKHEAD LINE OF THE
     9  DELAWARE RIVER NORTH 22 DEGREES 01 MINUTE 33 SECONDS EAST 106
    10  FEET 6 1/4 INCHES TO THE POINT AND PLACE OF BEGINNING.
    11  BEING KNOWN AS PIER 25 NORTH.
    12     TRACT 2 - BEGINNING AT A POINT ON THE BULKHEAD LINE OF THE
    13  DELAWARE RIVER AS APPROVED BY THE SECRETARY OF WAR ON SEPTEMBER
    14  10, 1940, WHICH POINT IS LOCATED THE FOLLOWING THREE COURSES AND
    15  DISTANCES FROM THE POINT OF INTERSECTION OF THE EASTERLY LINE OF
    16  CHRISTOPHER COLUMBUS BOULEVARD (150 FEET WIDE) WITH THE
    17  SOUTHERLY LINE OF FORMER WILLOW STREET PRODUCED: SOUTH 27
    18  DEGREES 52 MINUTES WEST 119 FEET 8 7/8 INCHES TO A POINT; SOUTH
    19  74 DEGREES 44 MINUTES 00 SECONDS EAST 23 FEET 10 5/8 INCHES TO A
    20  POINT;
    21  THENCE NORTH 22 DEGREES 01 MINUTE 33 SECONDS EAST 72 FEET 4
    22  INCHES TO A POINT OF BEGINNING; THENCE FROM SAID POINT OF
    23  BEGINNING SOUTH 74 DEGREES 58 MINUTES 31 SECONDS EAST 502 FEET 0
    24  5/8 INCHES TO A POINT ON THE PIERHEAD LINE OF THE DELAWARE RIVER
    25  AS APPROVED BY THE SECRETARY OF WAR ON SEPTEMBER 10, 1940;
    26  THENCE EXTENDING ALONG THE PIERHEAD LINE OF THE DELAWARE RIVER
    27  SOUTH 19 DEGREES 41 MINUTES 36 SECONDS WEST 74 FEET 2 INCHES TO
    28  A POINT; THENCE NORTH 74 DEGREES 44 MINUTES 00 SECONDS WEST 504
    29  FEET 10 INCHES TO A POINT ON THE BULKHEAD LINE OF THE DELAWARE
    30  RIVER; THENCE EXTENDING ALONG THE BULKHEAD LINE OF THE DELAWARE
    20050S0697B1060                 - 16 -     

     1  RIVER NORTH 22 DEGREES 01 MINUTE 33 SECONDS EAST 72 FEET 4
     2  INCHES TO THE POINT AND PLACE OF BEGINNING.
     3  BEING KNOWN AS BOAT SLIP LOCATED SOUTH OF PIER 25 NORTH.
     4     (C)  LEASE AGREEMENT.--THE LEASE AND ANY OTHER DOCUMENTS
     5  HEREBY CONTEMPLATED SHALL BE APPROVED BY THE ATTORNEY GENERAL
     6  AND SHALL BE EXECUTED BY THE DEPARTMENT OF GENERAL SERVICES WITH
     7  THE APPROVAL OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, IN
     8  THE NAME OF THE COMMONWEALTH. THE LEASE SHALL GRANT THE LESSEE
     9  THE RIGHT TO ASSIGN THE LEASE OR SUBLEASE OR PERMIT THE SUBLEASE
    10  OF THE ABOVE-DESCRIBED PREMISES FOR THE PURPOSES OF DEVELOPMENT,
    11  CONSISTENT WITH PUBLIC AND MARITIME USES, FOR RESIDENTIAL,
    12  OFFICE, COMMERCIAL, CONDOMINIUM, HOTEL, MARINA OR OTHER USES.
    13     (D)  SUBLEASE.--THE DEPARTMENT OF GENERAL SERVICES, WITH THE
    14  CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
    15  ACTING ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, IS ALSO
    16  SPECIFICALLY AUTHORIZED TO ENTER INTO ONE OR MORE NONDISTURBANCE
    17  AGREEMENTS WITH ANY SUBLESSEE OF THE PREMISES DESCRIBED IN THIS
    18  ACT PURSUANT TO WHICH THE COMMONWEALTH WILL AGREE THAT, IF THE
    19  COMMONWEALTH SUCCEEDS TO THE INTEREST OF THE SUBLESSOR UNDER THE
    20  SUBLEASE, IT WILL NOT TERMINATE THE SUBLEASE UNLESS THE
    21  SUBLESSEE IS IN DEFAULT.
    22     (E)  LAND USE RESTRICTION.--ALL LEASES AUTHORIZED OR REFERRED
    23  TO UNDER THIS ACT SHALL BE MADE UNDER AND SUBJECT TO THE
    24  CONDITION, WHICH SHALL BE CONTAINED IN THE LEASE DOCUMENTS, THAT
    25  NO PORTION OF THE PARCELS SHALL BE USED AS A LICENSED FACILITY
    26  AS DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS) OR ANY
    27  OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER THE LAWS OF THIS
    28  COMMONWEALTH. THE CONDITION SHALL BE A COVENANT RUNNING WITH THE
    29  LAND AND SHALL BE BINDING UPON THE LESSEE AND SUBLESSEES AND
    30  THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SHOULD ANY PORTION OF
    20050S0697B1060                 - 17 -     

     1  ANY PARCEL AUTHORIZED TO BE LEASED UNDER THIS ACT BE USED IN
     2  VIOLATION OF THIS SUBSECTION, THE LEASE SHALL TERMINATE
     3  IMMEDIATELY.
     4     (F)  IMPROVEMENTS.--
     5         (1)  THE DEPARTMENT OF GENERAL SERVICES, WITH THE
     6     APPROVAL OF THE ATTORNEY GENERAL, IS HEREBY AUTHORIZED TO
     7     EXECUTE, ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, ANY
     8     DECLARATION OR OTHER DOCUMENT NECESSARY TO SUBMIT THESE
     9     PREMISES OR ANY PORTION THEREOF AND ANY IMPROVEMENTS THEREON
    10     TO THE PROVISIONS OF 68 PA.C.S. PT. II SUBPT. B (RELATING TO
    11     CONDOMINIUMS) AS A LEASEHOLD CONDOMINIUM.
    12         (2)  (I)  DEVELOPMENT OF THE PARCELS AUTHORIZED TO BE
    13         LEASED IN THIS ACT SHALL BE CONSISTENT WITH PUBLIC AND
    14         MARITIME USES.
    15             (II)  THE LESSEE, ALL SUBLESSEES AND THEIR RESPECTIVE
    16         SUCCESSORS AND ASSIGNS, SHALL PROVIDE AND MAINTAIN AT
    17         LEAST THE FOLLOWING FREE PUBLIC ACCESS TO THE RIVERFRONT
    18         FOR FISHING AND OTHER RECREATIONAL ACTIVITIES AND FREE
    19         PUBLIC PARKING IN CONNECTION WITH SUCH ACCESS:
    20                 (A)  PUBLIC WALKWAYS ON THE RIVERFRONT, INCLUDING
    21             WATER EDGE PROMENADES THAT PROVIDE FREE PUBLIC ACCESS
    22             TO THE WATER AND ALLOW FOR PASSIVE AND ACTIVE
    23             RECREATIONAL ACTIVITIES YEAR-ROUND AND SIGNAGE
    24             INDICATING THE WALKWAYS ARE OPEN TO THE GENERAL
    25             PUBLIC.
    26                 (B)  A FREE PUBLIC PARK AREA ALONG THE PUBLIC
    27             WALKWAY NEAR THE WATER.
    28                 (C)  A MINIMUM OF TEN FREE PUBLIC PARKING SPACES
    29             AVAILABLE AT ALL TIMES LOCATED PROXIMATE TO THE
    30             PUBLIC WALKWAY NEAR THE WATER EDGE AND SIGNAGE
    20050S0697B1060                 - 18 -     

     1             INDICATING THE FREE PUBLIC PARKING
     2             (III)  SHOULD THE LESSEE, ANY SUBLESSEE OR ANY OF
     3         THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, WISH TO MODIFY
     4         THE PUBLIC ACCESS AND PARKING REQUIRED UNDER THIS
     5         SUBPARAGRAPH, IT MUST OBTAIN THE PRIOR WRITTEN APPROVAL
     6         OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
     7         DEPARTMENT OF GENERAL SERVICES, WHICH APPROVAL SHALL NOT
     8         BE UNREASONABLY WITHHELD. THE PUBLIC ACCESS AND PUBLIC
     9         PARKING SHALL BE CONSTRUCTED CONCURRENTLY WITH THE FIRST
    10         IMPROVEMENTS TO THE PARCELS.
    11             (IV)  BEFORE ANY FILL IS PLACED OR ANY STRUCTURE IS
    12         ERECTED UPON, IN OR OVER THOSE PORTIONS OF THE PARCELS
    13         WHICH ARE UNDER WATER ON THE EFFECTIVE DATE OF THIS
    14         SECTION, THE PERSON PLACING SUCH FILL OR ERECTING SUCH
    15         STRUCTURE SHALL COMPLY WITH THE RELEVANT PROVISIONS OF
    16         THE ACT OF NOVEMBER 26, 1978 (P.L.1375, NO.325), KNOWN AS
    17         THE DAM SAFETY AND ENCROACHMENTS ACT, WHICH MAY REQUIRE
    18         FURTHER MEASURES TO PROVIDE FOR PUBLIC ACCESS AND USE OF
    19         THE LAND AND ADJACENT WATER.
    20             (V)  THESE CONDITIONS SHALL BE COVENANTS THAT RUN
    21         WITH THE LAND AND SHALL BE BINDING UPON THE LESSEE, ANY
    22         SUBLESSEE AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
    23         SHOULD THE LESSEE, ANY SUBLESSEE OR ANY OF THEIR
    24         RESPECTIVE SUCCESSORS OR ASSIGNS, PERMIT THE PARCELS
    25         AUTHORIZED TO BE LEASED UNDER THIS ACT, OR ANY PORTION
    26         THEREOF, TO BE USED IN A MANNER INCONSISTENT WITH THE
    27         CONDITIONS CONTAINED IN THIS SUBSECTION, ALL RIGHTS AND
    28         INTERESTS IN THE LEASE AUTHORIZED BY THIS ACT SHALL
    29         TERMINATE IMMEDIATELY.
    30     (G)  COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE LEASE
    20050S0697B1060                 - 19 -     

     1  AUTHORIZED BY THIS SECTION SHALL BE BORNE BY THE LESSEE.
     2     (H)  SUNSET PROVISION.--IN THE EVENT THAT THE LEASE
     3  AUTHORIZED BY THIS SECTION DOES NOT OCCUR WITHIN 18 MONTHS
     4  FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
     5  CONTAINED IN THIS SECTION SHALL BE VOID.
     6  SECTION 3.  DANVILLE BOROUGH, MONTOUR COUNTY.
     7     (A)  AUTHORIZATION AND DESCRIPTION.--THE DEPARTMENT OF
     8  TRANSPORTATION, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
     9  AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO
    10  GRANT AND CONVEY TO MONTOUR COUNTY THE FOLLOWING TRACTS OF LAND
    11  SITUATE IN THE BOROUGH OF DANVILLE, MONTOUR COUNTY,
    12  PENNSYLVANIA, FOR CONSIDERATION IN THE AMOUNT OF $5,500:
    13                            TRACT NO. 1
    14  ALL THAT CERTAIN TRACT OR PIECE OF GROUND, LOCATED ON THE
    15  NORTHERN SIDE OF WEST FRONT STREET, SITUATE IN THE BOROUGH OF
    16  DANVILLE, COUNTY OF MONTOUR AND COMMONWEALTH OF PENNSYLVANIA,
    17  BEING MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
    18  BEGINNING AT A POINT, SAID POINT LOCATED AT THE CORNER OF THE
    19  NORTHERN RIGHT-OF-WAY LINE OF WEST FRONT STREET AND THE WESTERN
    20  RIGHT-OF-WAY LINE OF ROONEY AVENUE (20 FEET WIDE), THENCE ALONG
    21  THE RIGHT-OF-WAY LINE OF FRONT STREET BY A CURVE TO THE RIGHT,
    22  HAVING A RADIUS OF 1871.19 FEET, A DISTANCE OF 104.66 FEET TO A
    23  POINT, THENCE ALONG THE SAME BY A CURVE TO THE RIGHT, HAVING A
    24  RADIUS OF 45.33 FEET, A DISTANCE OF 52.25 FEET TO A POINT, SAID
    25  POINT LOCATED ON THE RIGHT-OF-WAY LINE FOR S.R. 6054, THENCE
    26  ALONG THE SAME LINE PERPENDICULAR (BEARING NORTH 63 DEGREES, 50
    27  MINUTES, 32 SECONDS WEST) TO SR 6054, A DISTANCE OF 6.08 FEET TO
    28  A POINT ON THE RIGHT-OF-WAY LINE FOR S.R. 6054 (49 FEET WIDE),
    29  THENCE ALONG THE SAME NORTH 26 DEGREES 9 MINUTES 28 SECONDS
    30  EAST, A DISTANCE OF 95.80 FEET TO A POINT ON THE CORNER OF S.R.
    20050S0697B1060                 - 20 -     

     1  6054 AND FRIENDSHIP ALLEY (20 FEET WIDE), THENCE ALONG THE
     2  RIGHT-OF-WAY LINE OF FRIENDSHIP ALLEY (20 FEET WIDE), SOUTH 63
     3  DEGREES 13 MINUTES 58 SECONDS EAST, A DISTANCE OF 51.87 FEET TO
     4  A POINT, A CORNER OF FRIENDSHIP ALLEY AND THE LANDS OF SCOTT E.
     5  JORDAN, THENCE ALONG THE LANDS OF SCOTT E. JORDAN, SOUTH 26
     6  DEGREES 54 MINUTES 14 SECONDS WEST, A DISTANCE OF 49.79 FEET,
     7  THENCE ALONG THE SAME SOUTH 63 DEGREES 6 MINUTES 26 SECONDS
     8  EAST, A DISTANCE OF 99.28 FEET TO A POINT ON THE RIGHT-OF-WAY
     9  LINE OF ROONEY AVENUE, THENCE ALONG THE SAME SOUTH 27 DEGREES 14
    10  MINUTES 0 SECONDS WEST, A DISTANCE OF 82.86 FEET TO THE PLACE OF
    11  BEGINNING.
    12  EXCEPTING AND RESERVING UNTO SCOTT E. JORDAN A 25-FOOT ACCESS
    13  EASEMENT CONTAINING 2,480.43 SQUARE FEET OF LAND.
    14  CONTAINING IN AREA 13,881 SQUARE FEET OF LAND.
    15                            TRACT NO. 2
    16  ALL THAT CERTAIN TRACT OR PIECE OF GROUND, LOCATED ON THE
    17  NORTHERN SIDE OF WEST FRONT STREET, AS SHOWN ON A PLAN, AND
    18  RECORDED IN DEED BOOK 197, PAGE 434, MONTOUR COUNTY RECORDS,
    19  SITUATE IN THE BOROUGH OF DANVILLE, COUNTY OF MONTOUR AND
    20  COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY BOUNDED AND
    21  DESCRIBED AS FOLLOWS, TO WIT:
    22  BEGINNING AT A POINT, SAID POINT LOCATED AT THE CORNER OF THE
    23  EASTERN RIGHT-OF-WAY LINE OF ROONEY AVENUE (20 FEET WIDE) AND
    24  THE NORTHERN RIGHT-OF-WAY LINE OF WEST FRONT STREET, THENCE
    25  ALONG THE RIGHT-OF-WAY LINE OF ROONEY AVENUE, NORTH 27 DEGREES,
    26  10 MINUTES, 7 SECONDS EAST, A DISTANCE OF 49.20 FEET TO A POINT,
    27  A CORNER OF ROONEY AVENUE, THENCE ALONG SAME, SOUTH 65 DEGREES,
    28  46 MINUTES, 31 SECONDS EAST, A DISTANCE OF 53.39 FEET, THENCE
    29  ALONG SAME, NORTH 24 DEGREES, 13 MINUTES, 28 SECONDS EAST, A
    30  DISTANCE OF 3.95 FEET, THENCE ALONG SAME, SOUTH 65 DEGREES, 41
    20050S0697B1060                 - 21 -     

     1  MINUTES, 16 SECONDS EAST, A DISTANCE OF 99.93 FEET, TO A POINT,
     2  SAID POINT LOCATED ON THE WESTERN RIGHT-OF-WAY LINE FOR MILL
     3  STREET (60 FEET WIDE), THENCE ALONG THE SAME SOUTH 25 DEGREES,
     4  50 MINUTES, 21 SECONDS WEST, A DISTANCE OF 32.22 FEET TO A
     5  POINT, THENCE ALONG THE SAME BY A CURVE TO THE RIGHT, HAVING A
     6  RADIUS OF 50.33 FEET, A DISTANCE OF 34.06 FEET TO A POINT, SAID
     7  POINT LOCATED AT THE NORTHERN RIGHT-OF-WAY LINE FOR FRONT
     8  STREET, THENCE ALONG SAME, SOUTH 67 DEGREES, 41 MINUTES, 47
     9  SECONDS WEST, A DISTANCE OF 25.04 FEET, THENCE ALONG SAME, SOUTH
    10  63 DEGREES, 56 MINUTES, 30 SECONDS WEST, A DISTANCE OF 39.21
    11  FEET, THENCE ALONG THE SAME BY A CURVE TO THE RIGHT, HAVING A
    12  RADIUS OF 1871.19 FEET, A DISTANCE OF 68.16 FEET TO THE PLACE OF
    13  BEGINNING.
    14  CONTAINING IN AREA 8,218 SQUARE FEET OF LAND.
    15     (B)  EASEMENTS AND INTERESTS.--THE CONVEYANCE SHALL BE MADE
    16  UNDER AND SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF
    17  OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND
    18  RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS
    19  OR PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY
    20  INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER
    21  OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
    22  IMPROVEMENTS ERECTED THEREON.
    23     (C)  RESTRICTIONS.--THE CONVEYANCE SHALL BE UNDER AND SUBJECT
    24  TO THE FOLLOWING CONDITIONS, WHICH SHALL BE CONTAINED IN THE
    25  DEED OF CONVEYANCE:
    26         (1)  NO PORTION OF THE PROPERTY SHALL BE FURTHER CONVEYED
    27     EXCEPT TO ANOTHER PUBLIC AGENCY. FOR PURPOSES OF THIS
    28     PARAGRAPH, "PUBLIC AGENCY" SHALL MEAN AN AGENCY OF FEDERAL,
    29     STATE OR LOCAL GOVERNMENT OR A MUNICIPAL AUTHORITY.
    30         (2)  THE PROPERTY SHALL BE USED FOR NONPROPRIETARY
    20050S0697B1060                 - 22 -     

     1     GOVERNMENTAL OR PUBLIC PURPOSES ONLY.
     2         (3)  IF AT ANY TIME THE PROPERTY OR ANY PORTION OF THE
     3     PROPERTY IS CONVEYED IN VIOLATION OF THE PROVISIONS OF
     4     PARAGRAPH (1) OR USED IN VIOLATION OF THE PROVISIONS OF
     5     PARAGRAPH (2), THE TITLE TO THE PROPERTY SHALL IMMEDIATELY
     6     REVERT TO AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
     7         (4)  THESE CONDITIONS SHALL BE COVENANTS RUNNING WITH THE
     8     LAND AND SHALL BE BINDING UPON MONTOUR COUNTY, ITS SUCCESSORS
     9     AND ASSIGNS.
    10     (D)  EXECUTION.--THE DEED OF CONVEYANCE SHALL BE APPROVED AS
    11  PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
    12  TRANSPORTATION IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
    13     (E)  COSTS.--COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE
    14  SHALL BE BORNE BY THE GRANTEE.
    15  SECTION 4.  EFFECTIVE DATE.
    16     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.










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