THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STOUT, PIPPY AND KASUNIC, JUNE 26, 2009

REFERRED TO STATE GOVERNMENT, JUNE 26, 2009  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to Washington

County Authority, certain lands situate in Cecil Township,

Washington County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Washington County.

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

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

Commonwealth, to grant and convey to Washington County Authority

three tracts of land situate in Cecil Township, Washington

County, 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

this section consists of three parcels of vacant land containing

67.875 acres, being bounded and more particularly described as

follows:

PARCEL No. 140-014-00-00-0029-00

ALL THAT CERTAIN PARCEL of land situate in Cecil Township,

Washington County, Commonwealth of Pennsylvania being South of

the Southpointe Exit on Interstate 79 (SR 79) and beginning on

the right-of-way along said interstate highway, being more

particularly described as follows:

BEGINNING at a point on the legal right-of-way of line of

Interstate 79 and the lands herein described by the following

courses and distances: Thence North 51°-35'-01" East a distance

of 10.00' to a point common to the lands of now or formerly of

the Commonwealth of Pennsylvania and the lands herein described:

Thence North 28°-00'-30" West a distance of 1273.05' to an iron

pin found common to the lands of said Commonwealth and the lands

herein described: Thence North 26°-55'-56" West a distance of

264.00' to an iron pin found common to the lands of said

Commonwealth and the lands herein described: Thence South

62°-49'-01" West a distance of 283.76' to an iron pin set common

to the lands of said Commonwealth, a point on the legal right of

way line of Interstate 79, and the lands herein described:

Thence by a curve to the left having a radius of 2112.01' and

arc length of 245.25' and a chord bearing and distance of South

35°-05'-24" East for a distance of 245.11' to a point on the

legal right-of-way line of Interstate 79 and the lands herein

described: Thence South 38°-24'-59" East a distance of 1321.40'

to a point, the place of BEGINNING.

CONTAINING a total area of 5.342 acres.

BEING designated as Tract 2, and described in accordance with a

survey performed by Widmer Engineering, Inc., in September of

2008, last revised January 20, 2009.

PARCEL No. 140-014-00-00-0019-01

ALL THAT CERTAIN PARCEL of land situate in Cecil Township,

Washington County, Commonwealth of Pennsylvania being South of

the Southpointe Exit on Interstate 79 (SR 79) and beginning on

the right-of-way along said interstate highway more particularly

described as follows:

BEGINNING at a point on the legal right-of-way line of

Interstate 79 and common to the lands herein described by the

following courses and distances: Thence North 28°-00'-30" West a

distance of 1273.05' to an iron pin found common to the lands of

now or formerly of the Commonwealth of Pennsylvania and the land

herein described: Thence North 57°-19'-02" East a distance of

547.80' to an iron pin found common to the lands of said

Commonwealth, the Weaver Heritage Trust and the lands herein

described: Thence South 39°-33'-03" East a distance of 1345.95'

to an iron pin found common to the lands of the Weaver Heritage

Trust, Maple Leaf Homes Inc., and the lands herein described:

Thence South 44°-43'-57" East a distance of 1201.09' to a point

common to the lands of said Maple Leaf Homes, and the lands

herein described: Thence South 73°-16'-03" West a distance of

1004.94' to a point on the legal right-of-way line of Interstate

79 and common to lands of the said Commonwealth, and the lands

herein described: Thence North 38°-24'-59" West a distance of

970.80' to a point, the place of BEGINNING.

CONTAINING a total area of 41.483 acres.

BEING designated as Tract 3, and described in accordance with a

survey performed by Widmer Engineering, Inc., in September of

2008, last revised January 20, 2009.

PARCEL No. 140-014-00-00-0030-00

ALL THAT CERTAIN PARCEL of land situate in Cecil Township,

Washington County, Commonwealth of Pennsylvania being South of

the Southpointe Exit on Interstate 79 (SR79) and beginning on

the right-of-way along said interstate highway more particularly

described as follows:

BEGINNING at an iron pin set on the legal right-of-way line of

Interstate 79 and common to the lands of the Commonwealth of

Pennsylvania, and the lands herein described by the following

courses and distances: Thence North 73°-16'-03" East to an iron

pin set on line at station 9+89.94', for a distance of 1004.94'

to a point common to the lands of said Commonwealth, Maple Leaf

Homes, Inc., and the lands herein described: Thence South

35°-06'-04" East a distance of 630.30' to an iron pin set common

to the lands of said Maple Leaf Homes, and the lands herein

described: Thence South 40°-36'-04" East a distance of 833.77'

to an iron pin set common to the lands of said Maple Leaf Homes

and the right-of-way of Morganza Road (S.R. 1009); Thence the

following five (5) courses and distances along the legal right-

of-way line of Morganza Road South 53°-17'-48" West a distance

of 18.64' to a point: Thence South 36°-42'-12" East a distance

of 20.00 feet to a point: Thence South 53°-17'-48" West a

distance of 75.89 feet to a point: Thence by a curve to the left

having a radius of 1298.24' an arc length of 152.79' and a chord

bearing and distance of South 49°-55'-36" West for 152.70' to a

point: Thence South 46°-33'-18" West a distance of 61.95' to a

point in Chartiers Creek, and common to the lands of said

William and Carolyn Byham, and the lands herein described:

Thence North 46°-38'-09" West a distance of 228.02 feet to a

point in Chartiers Creek and common to the lands of William and

Carolyn Byham, and the lands herein described: Thence North

61°-08'-09" West a distance of 528.00' to a point common to the

lands of said Byham and the lands herein described: Thence North

72°-23'-09" West a distance of 396.00' to a point in said creek

and common to the lands of said Byham and the lands herein

described: Thence North 34°-53'-09" West a distance of 231.00'

to a point common to lands of said Byham and the lands herein

described: Thence North 82°-53'-09" West a distance of 132.00'

to a point common to lands of said Byham, and the lands herein

described: Thence South 69°-06'-51" West a distance of 45.83' to

a point on the legal right-of-way line of Interstate 79, and

common to lands of said Byham and the land herein described:

Thence North 38°-24'-59" West a distance of 108.85' to a point

common the the legal right of line of Interstate 79 and the

lands herein described: Thence by the legal right-of-way line of

Interstate 79 the following four (4) courses and distances South

51°-35'-01" West a distance of 50.00' to a point; Thence North

38°-24'-59" West a distance of 275.00' to a point: Thence North

51°-35'-01" East a distance of 10.00' to a point; Thence North

38°-24'-59" West a distance of 97.20' to a point, the place of

beginning.

SUBJECT TO an area taken by the Pennsylvania Department of

Transportation for a channel change of Chartiers Creek

containing 2.299 acres.

CONTAINING a total area of 23.349 acres. (Total area includes

area of channel change)

BEING designated as Tract 4, and described in accordance with a

survey performed by Widmer Engineering, Inc., in September of

2008, last revised January 20, 2009.

(c)  Reservation.--To effectuate this section, the department

is authorized, on behalf of the Commonwealth, to reserve or

grant any easements on property known as the Department of

Transportation's Washington County Maintenance Facility, as the

Secretary of General Services determines are appropriate or

desirable, including for access and utility service.

(d)  Conditions.--

(1)  The conveyance shall be made under and subject to

all lawful and enforceable easements, servitudes and rights

of others, including streets, roadways and rights of any

telephone, telegraph, water, electric, gas or pipeline

companies, and 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 on the land.

(2)  The conveyance shall be made under and subject to

the condition, which must 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 a

covenant running with the land and shall be binding upon the

grantee, its successors and assigns. If the grantee, its

successors or assigns permits any portion of the property

authorized to be conveyed in this act to be used in violation

of this subsection, the title shall immediately revert to and

revest in the grantor.

(e)  Deed.--The deed of conveyance must be by special

warranty deed and must be executed by the secretary in the name

of the Commonwealth.

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

conveyance shall be borne by the grantee.

(g)  Expiration.--If an agreement of sale between the parties

is not executed within 12 months of the effective date of this

section, the authorization contained in this section shall

expire.

Section 2.  This act shall take effect immediately.