THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, APRIL 23, 2009

REFERRED TO STATE GOVERNMENT, APRIL 23, 2009  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to East

Pennsboro Township or its assigns certain lands situate in

East Pennsboro Township, Cumberland County; and authorizing

the Department of General Services, with the approval of the

Governor, to remove and release the residential use and

subdivision restrictions imposed on certain lands situate in

East Pennsboro Township, Cumberland County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance to East Pennsboro Township, in East

Pennsboro Township, Cumberland County, Pennsylvania.

(a)  Authorization.--The Department of General Services, with

the approval of the Governor, is hereby authorized on behalf of

the Commonwealth of Pennsylvania to grant and convey to East

Pennsboro Township or its assigns approximately 51.04-acres of

vacant land as described in subsection (b) for $2,000,000.00 and

under terms and conditions to be established in an Agreement of

Sale with the Department of General Services.

(b)  Description.--The property to be conveyed pursuant to

subsection (a) consists of approximately 51.04-acres and

improvements thereon bounded and more particularly described as

follows:

BEGINNING at a 5/8 rebar in the Northeasterly line of First

Street S.R. 1019 (50 FEET WIDE), said point being located

approximately 300 feet Northwesterly from the intersection of

the Northeasterly line of First Street and the Northwesterly

line of Valley Street - S.R. 1004 9(Variable Width), and said

point being located approximately 934.98 feet Southeasterly

along the Northeasterly line of First Street, From a metal post

in concrete;

Thence along the Northeasterly line of First Street, North 46

degrees, 12 minutes, 11 seconds West, a distance of 1425.30 feet

to a point;

Thence along Lands now or formerly of Capital Area intermediate

unit, North 42 degrees, 40 minutes, 55 seconds East a distance

of 787.38 Feet to a point;

Thence along the same, North 62 degrees, 22 minutes, 35 seconds

East, a distance of 942.77 Feet to a point;

Thence along the A Line, South 57 degrees, 55 minutes, 09

Seconds East, a distance of 646.74 feet to a point;

Thence along the Westerly line of United States Routes 11 and 15

SR 0011 (Variable Width), South 12 degrees, 46 minutes, 31

Seconds West, a distance of 257.32 feet to a point;

Thence along the same, South 74 degrees, 30 minutes, 33 seconds

East, a distance of 28.04 feet to a point;

Thence along the same, South 11 degrees, 57 minutes, 12 seconds

West, a distance of 179.34 Feet to a point;

Thence along the same, South 49 degrees, 32 minutes, 02 seconds

West, a distance of 99.81 Feet to a point;

Thence along the same, South 12 degrees, 53 minutes, 05 seconds

West a distance of 239.73 Feet to a point;

Thence along the same, South 76 degrees, 12 minutes, 12 seconds

East, a distance of 20.05 Feet to a point;

Thence along the same, South 12 degrees, 56 minutes, 39 seconds

west, a distance of 628.96 feet to a 5/8 rebar;

Thence along Lands now or formerly of Kelby J. Steele and Lisa

A. Steele by Deed Dated February 20, 1997 and Recorded at

Cumberland County record Book 154, Page 314 and known as

Cumberland County Instrument No. 1997-005734, and Being Lot #2

as shown on said Preliminary/Final Subdivision Plan, North 40

degrees, 36 minutes, 52 seconds West, a distance 55.86 feet to a

5/8 Rebar; Thence along the same, South 52 degrees, 01 minutes,

33 seconds West, a distance of 254.11 feet to a 5/8 Rebar;

Thence along the same and by a curve to be right having a radius

of 570.66 feet, a chord bearing South 67 degrees, 17 minutes, 03

seconds West, a chord distance of 300.36 feet, and an arc length

of 303.94 feet, to a 5/8 Rebar; Thence along the same, South 37

degrees, 10 minutes, 13 seconds West, a distance of 52.03 feet

to 5/8 Rebar, The Place Of Beginning.

CONTAINING 51.04-acres, more or less.

DESCRIBED PARCEL being, A portion thereof, the Lands which

Manor Real Estate and Trust Company, By Deed Dated September 13,

1923, and Recorded at Cumberland County Deed Book V, volume 9,

page 82, Granted and conveyed unto the Commonwealth of

Pennsylvania; and

DESCRIBED PARCEL being, A portion thereof, the Lands which

William A. Patterson, Single man, and Charles R. Patterson and

Viola Rebecca Patterson, his Wife, by Deed Dated July 23, 1929,

and Recorded at Cumberland County Deed Book 5 Volume 10, page

530 and Granted and Conveyed to the Commonwealth of

Pennsylvania. Together with all improvements constructed Thereon

all rights appurtenant thereto including, but not confined to,

Oil Gas and minerals (INCLUDING COAL AND GRAVEL)

(c)  Easements.--The conveyance shall be made under and

subject to all lawful and enforceable easements, servitudes and

rights of others, including but not confined to streets,

roadways and rights of any telephone, telegraph, water,

electric, gas or pipeline companies, as well as under and

subject to any lawful and enforceable estates or tenancies

vested in third persons appearing of record, for any portion of

the land or improvements erected thereon.

(d)  Conditions.--Any conveyance authorized under this

section shall be made under and subject to the condition, which

shall be contained in the deed of conveyance, that no portion of

the property conveyed shall be used as a licensed facility, as

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

other similar type of facility authorized under State law. The

condition shall be covenant running with the land and shall be

binding upon the Grantee, its successors and assigns. Should the

Grantee, its successors or assigns, permit any portion of the

property authorized to be conveyed in this section to be used in

violation of this subsection, the title shall immediately revert

to and revest in the Grantor.

(e)  Special warranty deed.--The deed of conveyance shall be

by Special Warranty Deed and shall be executed by the Secretary

of General Services in the name of the Commonwealth of

Pennsylvania.

(f)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the Grantee.

(g)  Highway maintenance facility.--Nothing herein shall be

construed to authorize the conveyance of the approximately 3.5-

acre portion of the property that, as of the effective date of

this section, is being utilized as a highway maintenance

facility by the Department of Transportation.

(h)  Nonconveyance.--In the event that an agreement of sale

with the Department of General Services is not executed within

24 months of the effective date of this section, the property

may be disposed of in accordance with Article 2405-A of the act

of April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929.

Section 2.  Removal of certain restrictions imposed on certain

lands in East Pennsboro Township, Cumberland County.

(a)  Authorization.--The Department of General Services, with

the approval of the Governor, is hereby authorized on behalf of

the Commonwealth of Pennsylvania to remove the residential use

and subdivision restrictions on certain lands situate in East

Pennsboro Township, Cumberland County, for $150,000.

(b)  Description.--The property that is the subject to

subsection (a) consists of 2.2357-acres bounded and more

particularly described as follows:

ALL THAT CERTAIN improved tract of land and residence being

situate in East Pennsboro Township, Cumberland County, said

tract being more particularly shown on a final plan prepared by

the Department of General Services, dated May 23, 1996, and

recorded in Plan Book 73, Page 64 of the Cumberland County

Recorder of Deeds Office on November 6, 1996, and all the same

being more fully bounded and described as follows, to wit:

BEGINNING at the North corner of Lot No. 2 at a 5/8" rebar,

said corner being 935.46 feet South of the beginning of the

fourth line (South 32 degrees 15 minutes East 1198.70 feet), of

a deed of the Commonwealth of Pennsylvania, as recorded in the

Land Records of Cumberland County in Deed Book T, Volume 20,

Page 322; thence with said line and along other lands now or

formerly of the Commonwealth of Pennsylvania for a new course,

South 40 degrees 36 minutes 50 seconds East, a distance of 55.86

feet to a 5/8" rebar in the northern right-of-way line of U.S.

Route 11/15; thence along said right-of-way (in reference to the

Department of Transportation plan, 8-0 Cumberland, Route 30,

Section 13, Sheet No.18A, East Pennsboro Township) by the

following four courses and distances; (1) by an Arc of Curve

curving to the right, have a radius of 3,639.72 feet, an arc

length of 220.92 feet to a 5/8" rebar in the right-of-way; (2)

thence South 52 degrees 09 minutes 33 seconds West, a distance

of 292.74 feet to a 3/4" bolt in the right-of-way; (3) thence

North 69 degrees 50 minutes 46 seconds West, a distance of

180.63 feet to a 5/8" rebar in the right-of-way; (4) thence

South 43 degrees, 34 minutes and 33 seconds West, a distance of

15 feet to a PK nail in the macadam curb of the 50.00 foot

right-of-way of First Street (LR 21096 and SR 1019); thence

along said right-of-way line North 46 degrees 25 minutes 27

seconds West, a distance of 100.00 feet to a 5/8" rebar at a

corner of Lot No. 1, now or formerly of the Commonwealth of

Pennsylvania; thence along said Lot No. 1, by the three

following courses and distances; (1) North 37 degrees 10 minutes

13 seconds East, a distance of 52.03 feet to a 5/8" rebar; (2)

thence by an Arc of a Curve curving to the left, having a radius

of 570.66 feet, an arc length of 303.94 feet to a 5/8" rebar in

the property line; (3) thence North 52 degrees 01 minutes 33

seconds East, a distance of 254.11 feet to a 5/8" rebar to the

place of BEGINNING.

CONTAINING 2.2357-acres.

BEING the same property conveyed by the Commonwealth of

Pennsylvania, through its Department of General Services, to

Kelby J. Steele and Lisa A. Steele by an indenture, dated

February 20, 1997, recorded at the Cumberland County Recorder of

Deeds Office in Deed Book 154, Page 314.

(c)  Execution of documents.--All documents necessary to

effectuate the removal of the herein referenced restrictive

covenants shall be executed by the Secretary of General Services

in the name of the Commonwealth of Pennsylvania. 

Section 3.  This act shall take effect immediately.