HOUSE AMENDED PRIOR PRINTER'S NOS. 834, 875, 935, PRINTER'S NO. 1060 970, 1036
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. E10L85MRD/20050S0697B1060 - 23 -