PRIOR PRINTER'S NO. 3345 PRINTER'S NO. 4062
No. 2306 Session of 2008
INTRODUCED BY K. SMITH, STABACK AND CALTAGIRONE, MARCH 10, 2008
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 25, 2008
AN ACT
1 Amending REENACTING AND AMENDING the act of May 16, 2007 (P.L.3, <--
2 No.3), entitled, "An act authorizing the Department of
3 General Services, with the approval of the Governor, to grant
4 and convey to the County of Lackawanna Transit System
5 Authority (COLTS), certain lands situate in the City of
6 Scranton, Lackawanna County, in exchange for a certain tract
7 of land from COLTS situate in the City of Scranton,
8 Lackawanna County," further providing for the date of
9 execution.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1(h) 1 of the act of May 16, 2007 <--
13 (P.L.3, No.3), entitled, "An act authorizing the Department of
14 General Services, with the approval of the Governor, to grant
15 and convey to the County of Lackawanna Transit System Authority
16 (COLTS), certain lands situate in the City of Scranton,
17 Lackawanna County, in exchange for a certain tract of land from
18 COLTS situate in the City of Scranton, Lackawanna County," is
19 REENACTED AND amended to read: <--
20 Section 1. Conveyance in City of Scranton, Lackawanna County.
1 * * * <--
2 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH <--
3 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
4 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
5 COUNTY OF LACKAWANNA TRANSIT SYSTEM AUTHORITY (HEREINAFTER
6 COLTS) CERTAIN LANDS SITUATE IN THE CITY OF SCRANTON, LACKAWANNA
7 COUNTY, IN EXCHANGE FOR A CERTAIN TRACT OF LAND FROM COLTS
8 SITUATE IN THE CITY OF SCRANTON, LACKAWANNA COUNTY.
9 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED TO COLTS UNDER
10 SUBSECTION (A) CONSISTS OF APPROXIMATELY 2.52 ACRES OF LAND AND
11 IMPROVEMENTS THEREON BOUNDED AND MORE PARTICULARLY DESCRIBED AS
12 FOLLOWS:
13 LOT 1A
14 BEGINNING AT A 3/4 INCH IRON PIN, THE INTERSECTION OF THE
15 SOUTHEASTERLY RIGHT-OF-WAY LINE OF CLIFF STREET WITH THE
16 SOUTHWESTERLY RIGHT-OF-WAY LINE OF LACKAWANNA AVENUE AS SHOWN ON
17 A PLAN TITLED, "THE COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF
18 GENERAL SERVICES - RD 1216 PG 289 - MINOR SUBDIVISION" DATED
19 JULY, 2005 AND PREPARED BY ACKER ASSOCIATES, INC.;
20 THENCE ALONG SAID LING OF LACKAWANNA AVENUE SOUTH 51 DEGREES 28
21 MINUTES 04 SECONDS EAST FOUR HUNDRED SEVENTY-ONE AND FIVE
22 HUNDREDTHS (471.05 FEET) FEET TO A POINT IN LINE OF LANDS OF
23 SCRANTON MALL ASSOCIATES;
24 THENCE ALONG SAID LANDS SOUTH 38 DEGREES 37 MINUTES 01 SECOND
25 WEST ONE HUNDRED THREE AND ONE HUNDREDTH (103.01 FEET) FEET TO A
26 POINT IN LINE OF LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY;
27 THENCE ALONG SAID LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY THE
28 FOLLOWING FOUR (4) COURSES AND DISTANCES:
29 1. SOUTH 70 DEGREES 49 MINUTES 56 SECONDS WEST FIVE AND
30 NINETY-THREE HUNDREDTHS (5.93 FEET) FEET TO A POINT,
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1 2. NORTH 88 DEGREES 44 MINUTES 38 SECONDS WEST FIFTY-SEVEN
2 AND SEVENTY-NINE HUNDREDTHS (57.79 FEET) FEET TO A POINT
3 OF CURVATURE,
4 3. ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF NINE
5 HUNDRED EIGHTY-EIGHT AND THIRTY-ONE HUNDREDTHS (988.31
6 FEET) FEET FOR AN ARC LENGTH OF THREE HUNDRED SIXTY-ONE
7 AND FIFTY-ONE HUNDREDTHS (361.51 FEET) FEET (CHORD
8 BEARING AND DISTANCE BEING NORTH 68 DEGREES 51 MINUTES 46
9 SECONDS WEST 359.50 FEET) TO A POINT OF TANGENCY, AND
10 4. NORTH 53 DEGREES 36 MINUTES 54 SECONDS WEST EIGHTY AND
11 SEVEN HUNDREDTHS (80.07 FEET) FEET TO A POINT ON THE
12 SOUTHEASTERLY RIGHT-OF-WAY LINE OF CLIFF STREET;
13 THENCE ALONG SAID LINE OF CLIFF STREET NORTH 38 DEGREES 49
14 MINUTES 51 SECONDS EAST TWO HUNDRED FIFTY-THREE AND FIVE TENTHS
15 (253.50 FEET) FEET TO THE POINT OF BEGINNING.
16 CONTAINING 2.24 ACRES OF LAND BEING THE SAME, MORE OR LESS.
17 LOT 1B
18 BEGINNING AT A 5/8 INCH REBAR ON THE SOUTHEASTERLY RIGHT-OF-WAY
19 LINE OF CLIFF STREET, SAID POINT ALSO BEING A COMMON CORNER OF
20 LANDS THE NATIONAL PARK SERVICE AND LOT 1B AS SHOWN ON A PLAN
21 TITLED, "THE COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF
22 GENERAL SERVICES - RB 1216 PG 289 - MINOR SUBDIVISION" DATED
23 JULY, 2005 AND PREPARED BY ACKER ASSOCIATES, INC.;
24 THENCE ALONG SAID LINE OF CLIFF STREET NORTH 38 DEGREES 49
25 MINUTES 51 SECONDS EAST THIRTY-NINE AND TWENTY-SIX HUNDREDTHS
26 (39.26 FEET) FEET TO A POINT IN LINE OF LACKAWANNA COUNTY RAIL
27 AUTHORITY;
28 THENCE ALONG SAID LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY THE
29 FOLLOWING TWO (2) COURSES AND DISTANCES:
30 1. SOUTH 51 DEGREES 32 MINUTES 09 SECONDS EAST ONE AND
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1 FORTY-EIGHT AND THIRTY-NINE HUNDREDTHS (148.39 FEET) FEET
2 TO A POINT, AND
3 2. SOUTH 66 DEGREES 46 MINUTES 09 SECONDS EAST FIFTY-FIVE
4 AND TWENTY-SIX HUNDREDTHS (55.26 FEET) FEET TO A POINT;
5 THENCE ALONG LOT 2 THE FOLLOWING THREE (3) COURSES AND
6 DISTANCES:
7 1. SOUTH 25 DEGREES 41 MINUTES 58 SECONDS WEST ELEVEN AND
8 FIFTY-NINE HUNDREDTHS (11.59 FEET) FEET TO A POINT,
9 2. SOUTH 39 DEGREES 59 MINUTES 28 SECONDS WEST FIFTY-EIGHT
10 AND FIVE HUNDREDTHS (58.05 FEET) FEET TO A POINT, AND
11 3. SOUTH 48 DEGREES 45 MINUTES 01 SECOND WEST TWENTY-TWO AND
12 NINETY-FIVE HUNDREDTHS (22.95 FEET) FEET TO A POINT IN
13 LINE OF LANDS OF THE NATIONAL PARK SERVICE;
14 THENCE ALONG SAID LANDS OF THE NATIONAL PARK SERVICE NORTH 40
15 DEGREES 40 MINUTES 45 SECONDS WEST TWO HUNDRED TWO AND FIVE
16 TENTHS (202.50 FEET) FEET TO THE POINT OF BEGINNING.
17 CONTAINING 12,315 SQUARE FEET (0.28 ACRES) OF LAND BEING THE
18 SAME, MORE OR LESS.
19 (C) EXCHANGE.--THE CONVEYANCE AUTHORIZED BY SUBSECTION (B)
20 SHALL BE IN EXCHANGE FOR THE CONVEYANCE, BY SPECIAL WARRANTY
21 DEED, FROM COLTS, TO THE COMMONWEALTH OF PENNSYLVANIA, ACTING BY
22 AND THROUGH ITS DEPARTMENT OF GENERAL SERVICES, OF ALL THAT
23 CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE CITY OF SCRANTON,
24 LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
25 FOLLOWS:
26 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
27 8TH WARD, CITY OF SCRANTON, COUNTY OF LACKAWANNA AND STATE OF
28 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
29 BEGINNING AT A POINT LOCATED ON THE NORTHEASTERLY SIDE OF
30 LACKAWANNA AVENUE, SAID POINT BEING ALSO LOCATED BY A BEARING OF
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1 N 39 DEGREES 00 MINUTES W, AND A DISTANCE OF 138.0 FEET AS
2 MEASURED ALONG THE NORTHEASTERLY SIDE OF LACKAWANNA AVENUE FROM
3 ITS INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE
4 D.L. & W. R.R.; THENCE, ALONG THE LINE OF LACKAWANNA AVENUE N 39
5 DEGREES 00 MINUTES W, 294.52 FEET TO A POINT OF INTERSECTION
6 WITH A CURVE MEASURED RADIALLY 100 FEET FROM THE CENTER LINE OF
7 THE D. & H. R.R. CO.; THENCE ON A CURVE TO THE LEFT PARALLEL TO
8 THE CENTER LINE OF SAID D. & H. R.R. AND 100 FEET THEREFROM,
9 SAID CURVE HAVING A RADIUS OF 750.14 FEET AND LENGTH OF 867.02
10 FEET WITH A LONG CHORD BEARING AND DISTANCE OF N 71 DEGREES 01
11 MINUTE E, 819.55 FEET TO A POINT; THENCE S 39 DEGREES 00 MINUTES
12 E, 45.04 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
13 OF THE D.L. & W. R.R.; THENCE ALONG SAID RIGHT-OF-WAY THE
14 FOLLOWING TWO COURSES AND DISTANCES (1) ON A CURVE TO THE RIGHT,
15 HAVING A RADIUS OF 4,037.11 AND LENGTH OF 278.15 AND A LONG
16 CHORD BEARING AND DISTANCE OF A 31 DEGREES 32 MINUTES W, 278.10
17 FEET AND (2) S 47 DEGREES 38 MINUTES W, 208.68 FEET TO A CORNER
18 OF OTHER LANDS OF THE S.R.A.; THENCE ALONG LANDS OF SAID S.R.A.,
19 THE FOLLOWING TWO COURSES AND DISTANCES (1) N 39 DEGREES 00
20 MINUTES W, 136.0 FEET AND (2) S 51 DEGREES 00 MINUTES W, 300.0
21 FEET TO THE PLACE OF BEGINNING.
22 CONTAINING 2.277 ACRES OF LAND MORE OR LESS AS SURVEYED BY
23 JOHN R. HENNEMUTH, REGISTERED CIVIL ENGINEER.
24 PARCEL 18-A
25 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
26 8TH WARD, CITY OF SCRANTON, COUNTY OF LACKAWANNA AND STATE OF
27 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
28 BEGINNING AT A POINT LOCATED ON THE NORTHEASTERLY SIDE OF
29 LACKAWANNA AVENUE, SAID POINT BEING ALSO LOCATED BY A BEARING OF
30 N 39 DEGREES 00 MINUTES W AND A DISTANCE OF 138.00 FEET AS
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1 MEASURED ALONG THE NORTHEASTERLY SIDE OF LACKAWANNA AVENUE FROM
2 ITS INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE
3 D. L. & W. R.R., SAID POINT BEING ALSO COMMON TO A CORNER OF
4 PARCEL 18 OF THE S.R.A. AS SHOWN ON DRAWING D-14-72 BY JOHN R.
5 HENNEMUTH, P.E.; THENCE ALONG THE LINE OF PARCEL 18, N 51
6 DEGREES 00 MINUTES E, 300 FEET TO A CORNER; THENCE STILL ALONG
7 THE LINE OF PARCEL 18, S 39 DEGREES 00 MINUTES E, 6.0 FEET TO A
8 CORNER; THENCE OVER AND ACROSS OTHER LANDS OF THE S.R.A., S 51
9 DEGREES 00 MINUTES W, 300.0 FEET TO A POINT ON THE NORTHEASTERLY
10 SIDE OF LACKAWANNA AVENUE; THENCE ALONG THE SIDE OF SAID AVENUE
11 N 39 DEGREES 00 MINUTES W, 6.0 FEET TO THE PLACE OF BEGINNING.
12 CONTAINING 0.041 ACRES OF LAND AND SHOWN AS PARCEL 18-A ON
13 DRAWING B-22-72 BY JOHN R. HENNEMUTH, REGISTERED CIVIL ENGINEER.
14 CONTAINING 2.318 ACRES, MORE OR LESS.
15 THE CONVEYANCE DESCRIBED IN THIS SECTION SHALL BE MADE UNDER
16 AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES
17 AND RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
18 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
19 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
20 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
21 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
22 THE LAND OR IMPROVEMENTS ERECTED THEREON.
23 (D) EASEMENTS.--THE CONVEYANCE DESCRIBED IN SUBSECTION (B)
24 SHALL BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE
25 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
26 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
27 TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL
28 AS UNDER AND SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR
29 TENANCIES VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY
30 PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
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1 (E) SPECIAL WARRANTY DEED.--THE CONVEYANCE DESCRIBED IN
2 SUBSECTION (B) SHALL BE BY SPECIAL WARRANTY DEED AND SHALL BE
3 EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
4 COMMONWEALTH OF PENNSYLVANIA.
5 (F) COVENANTS.--ANY CONVEYANCE AUTHORIZED UNDER SUBSECTION
6 (B) SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
7 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
8 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
9 DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
10 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER THE LAWS OF THIS
11 COMMONWEALTH. THE CONDITION SHALL BE A COVENANT RUNNING WITH THE
12 LAND AND SHALL BE BINDING UPON THE GRANTEE, ITS SUCCESSORS AND
13 ASSIGNS. SHOULD THE GRANTEE, ITS SUCCESSORS OR ASSIGNS PERMIT
14 ANY PORTION OF THE PROPERTY AUTHORIZED TO BE CONVEYED IN THIS
15 SECTION TO BE USED IN VIOLATION OF THIS SECTION, THE TITLE SHALL
16 IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
17 (G) COSTS AND FEES.--ALL COSTS AND FEES INCIDENTAL TO THE
18 CONVEYANCE AUTHORIZED BY THIS ACT SHALL BE BORNE BY THE GRANTEE.
19 (h) Voidance.--In the event that the conveyance is not
20 executed within [12] 36 months of the effective date of this <--
21 section EXECUTED [WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF THIS <--
22 SECTION] BY MAY 16, 2010, the authorization contained in this
23 section shall become null and void.
24 SECTION 2. SECTION 2 OF THE ACT IS REENACTED TO READ: <--
25 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
26 Section 2 3. This act shall take effect immediately. <--
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