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        PRIOR PRINTER'S NO. 3075                      PRINTER'S NO. 3829

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2158 Session of 2008


        INTRODUCED BY SIPTROTH, PEIFER, BEYER, BRENNAN, CALTAGIRONE,
           CARROLL, CREIGHTON, DENLINGER, FLECK, GRUCELA, HARRIS, HELM,
           HERSHEY, HESS, KENNEY, MAHONEY, MAJOR, MENSCH, MILLARD,
           PRESTON, SANTONI, SAYLOR, SCAVELLO, SURRA, VULAKOVICH, MURT,
           YOUNGBLOOD, MOYER, PHILLIPS, HORNAMAN, KULA AND MANTZ,
           JANUARY 14, 2008

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 2, 2008

                                     AN ACT

     1  Authorizing the Department of General Services, with the
     2     approval of the Department of Transportation and the
     3     Governor, to grant and convey to Pike County or its assigns,
     4     certain lands, situate in the Borough of Milford, Pike
     5     County, in exchange for a certain tract of land.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Authorization for conveyance from the Commonwealth.
     9     The Department of General Services, with the approval of the
    10  Department of Transportation and the Governor, is hereby
    11  authorized on behalf of the Commonwealth of Pennsylvania to
    12  grant and convey to Pike County certain land and improvements
    13  described in section 2.
    14  Section 2.  Description.
    15     The property to be conveyed under section 1 consists of three
    16  tracts containing in aggregate 3.319-acres more or less and
    17  improvements known as the Pennsylvania Department of

     1  Transportation Pike County Maintenance Facility in the Borough
     2  of Milford, Pike County, Pennsylvania, more particularly bounded
     3  and described as follows:
     4  Parcel 1.
     5     BEGINNING at a point, said point being in legal right-of-way
     6  line offset at right angle 50 feet from tangent of point of
     7  curve Station 25+37.54 on L.R. 8 (Traffic Route 6); thence along
     8  same right-of-way line on a curve to the right an arc distance
     9  179.90 feet, south 88 degrees, 55 minutes, 41 seconds east a
    10  distance of 179.77 feet to a point; thence along Bennett Street
    11  south 34 degrees, 13 minutes, 00 seconds east a distance of
    12  72.78 feet to a point; thence along lands now or formerly of Sam
    13  Schouppe south 55 degrees, 47 minutes 00 seconds west a distance
    14  of 204.80 feet to point; thence along lands now or formerly of
    15  Norman Lehde north 18 degrees, 50 minutes, 00 seconds west a
    16  distance of 43.40 feet to a point; thence along same lands of
    17  Norman Lehde north 15 degrees, 10 minutes 00 seconds west a
    18  distance of 142.60 feet to place of beginning. Containing 0.5504
    19  acres of land, more or less.
    20  Parcel 2.
    21     BEGINNING at a point, said point being south 53 degrees 36
    22  minutes west 200 feet from the southeasterly side of Bennett
    23  Avenue; on the line of lands between Pennsylvania Department of
    24  Highways and C. Koenderman, et ux; thence south 36 degrees 24
    25  minutes east 110 feet to a point. Said point being on dividing
    26  line of lands of E. Roberts and C. Koenderman, et ux; thence
    27  along said dividing line south 53 degrees 36 minutes west 110.8
    28  feet to a point; thence north 49 degrees 30 minutes west 43.2
    29  feet to a point; thence north 64 degrees 15 minutes west 77.53
    30  feet to a point on the line of lands between Pennsylvania
    20080H2158B3829                  - 2 -     

     1  Department of Highways and C. Koenderman, et ux; thence along
     2  said dividing line of lands north 53 degrees 36 minutes east
     3  157.54 feet to a point. Said point being the place of BEGINNING.
     4  CONTAINING .336 acres of land, more or less.
     5  Parcel 3.
     6  BEGINNING at a stone monument set in the ground marking the
     7  westerly side of Elizabeth Street and the center line of Broad
     8  Street, as shown by the official map of the Borough of Milford,
     9  thence at right angles to the center line of Broad Street, south
    10  thirty-eight degrees E. forty (40.0) feet; thence, south, twelve
    11  degrees, thirty-seven minutes east seventy-seven and twenty-two
    12  hundredths (77.22) feet, thence, south twenty-three degrees and
    13  thirty-six minutes east forty-five (45.0) feet, thence south
    14  seven degrees and fifty minutes east one hundred forty and
    15  twenty-five hundredths (140.25) feet, thence south seventeen
    16  degrees and forty-five minutes east one hundred forty-eight and
    17  fifty hundredths (148.50) feet, thence south twenty-one degrees,
    18  east eighty-two and fifty hundredths (82.50) feet, thence, south
    19  seven degrees, forty-five minutes east, forty-nine and fifty
    20  hundredths (49.50) feet, thence south nine degrees and thirty-
    21  minutes west, twenty-nine and twenty-five hundredths (29.25)
    22  feet to a concrete monument and the beginning point for the land
    23  hereby intended to be conveyed, thence along lands of Nell Quick
    24  Wells, north fifty-three degrees, thirty-five minutes and
    25  twenty-three seconds east, two hundred fifty-nine and sixty-
    26  eight hundredths (259.68) feet to a concrete monument on the
    27  westerly side of Bennett Avenue, thence along the westerly side
    28  of Bennett Avenue, south thirty-six degrees, twenty-four minutes
    29  and thirty-seven seconds, east, three hundred feet (300.00) to a
    30  concrete monument; thence at right angles along lands of Nell
    20080H2158B3829                  - 3 -     

     1  Quick Wells, south fifty-three degrees thirty-five minutes and
     2  twenty-three seconds west, three hundred fifty-seven and fifty-
     3  four hundredths (357.54) feet to a concrete monument on line of
     4  lands of Brown Estate; thence along said lands north sixty-four
     5  degrees and thirty minutes west, eighty-seven and forty-seven
     6  hundredths (87.47) feet to a stake; thence north nineteen
     7  degrees west, one hundred thirty-two (132.0) feet to a stake;
     8  thence north nine degrees and thirty minutes east one hundred
     9  thirty-nine and five hundredths (139.05) feet to a concrete
    10  monument and place of beginning. CONTAINING TWO AND FORTY-SEVEN
    11  ONE HUNDREDTHS ACRES, be the same more or less.
    12  Section 3.  Conveyance to the Commonwealth.
    13     The conveyance authorized under section 1 shall be made in
    14  exchange for the conveyance, by special warranty deed, from Pike
    15  County to the Commonwealth of Pennsylvania, acting by and
    16  through its Department of General Services, of all that certain
    17  piece of land located in Blooming Grove Township, Pike County,
    18  Pennsylvania, situated at the northwest corner of the
    19  intersection of the county prison access road and Route 739,
    20  containing 13.5-acres more or less, substantially as shown on
    21  the "Stockpile Survey Plan" prepared by the Pennsylvania
    22  Department of Transportation, dated May 25, 2004, with a metes
    23  and bounds description to be provided by a Professional Land
    24  Surveyor duly licensed in accordance with the laws of this
    25  Commonwealth.
    26  Section 4.  Conditions.
    27     The conveyance authorized under section 1 shall be made under
    28  and subject to all lawful and enforceable easements, servitudes
    29  and rights of others, including, but not limited to, streets,
    30  roadways and any rights of any telephone, telegraph, water,
    20080H2158B3829                  - 4 -     

     1  electric, gas or pipeline companies, as well as under and
     2  subject to any lawful and enforceable estates or tenancies
     3  vested in third persons appearing of record, for any portion of
     4  the land or improvements erected thereon.
     5  SECTION 5.  RESTRICTION.                                          <--
     6     THE CONVEYANCE AUTHORIZED UNDER THIS ACT SHALL BE MADE UNDER
     7  AND SUBJECT TO THE CONDITION, WHICH SHALL BE CONTAINED IN THE
     8  DEED OF CONVEYANCE, THAT NO PORTION OF THE PROPERTY CONVEYED
     9  SHALL BE USED AS A LICENSED FACILITY, AS DEFINED IN 4 PA.C.S. §
    10  1103 (RELATING TO DEFINITIONS), OR ANY OTHER SIMILAR TYPE OF
    11  FACILITY AUTHORIZED UNDER STATE LAW. THE CONDITION SHALL BE A
    12  COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE
    13  GRANTEE, ITS SUCCESSORS AND ASSIGNS. SHOULD THE GRANTEE, ITS
    14  SUCCESSORS OR ASSIGNS, PERMIT ANY PORTION OF THE PROPERTY
    15  AUTHORIZED TO BE CONVEYED IN THIS ACT TO BE USED IN VIOLATION OF
    16  THIS SECTION, THE TITLE SHALL IMMEDIATELY REVERT TO AND REVEST
    17  IN THE GRANTOR.
    18  Section 5 6.  Deed of conveyance.                                 <--
    19     The deed of conveyance authorized under section 1 shall be a
    20  special warranty deed and shall be executed by the Secretary of
    21  General Services in the name of the Commonwealth of
    22  Pennsylvania.
    23  Section 6 7.  Costs.                                              <--
    24     Each party shall bear its own fees and costs incidental to
    25  these conveyances.
    26  Section 7 8.  Effective date.                                     <--
    27     This act shall take effect immediately.


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