SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STERN AND FLECK, SEPTEMBER 29, 2011

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, OCTOBER 15, 2012   

AN ACT

Authorizing the Department of General Services, with the

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approval of the Department of Military and Veterans Affairs

and the Governor, to grant and convey to the Borough of

Tyrone certain land and improvements situate in the Borough

of Tyrone, Blair County, known as the Tyrone Armory.

Authorizing the Department of Conservation and Natural Resources

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to release, upon the satisfaction of certain conditions,

Project 70 restrictions on certain land owned by the West

Rockhill – Sellersville Joint Recreation Authority, Bucks

County; authorizing the conveyance of an easement and the

release of Project 70 restrictions imposed on a portion of

land owned by the Pennsylvania Fish and Boat Commission in

Gamble Township, Lycoming County, in return for the

imposition of Project 70 restrictions on certain land being

conveyed to the commission in Gamble Township, Lycoming

County, and other terms and conditions; authorizing the sale

and transfer of title for Project 70 lands owned by Erie

County to Springfield Township, Erie County; authorizing

Westmoreland County to convey and transfer a fee interest in

certain Project 70 land in Unity Township free of Project 70

restrictions in return for the imposition of Project 70

restrictions on other land in Unity Township to be acquired

by Westmoreland County; authorizing the Department of General

Services, with the approval of the Department of Military and

Veterans Affairs and the Governor, to grant and convey to QRS

Realty Corp. certain lands and building situate in the City

of Erie, Erie County; and approving the release of Project 70

restrictions on certain land owned by the Borough of

Downingtown, Chester County, in return for the development of

public park improvements within Kardon Park within the

Borough of Downingtown and East Caln Township, Chester

County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Borough of Tyrone, Blair County.

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

the approval of the Department of Military and Veterans Affairs

and the Governor, is hereby authorized on behalf of the

Commonwealth of Pennsylvania to grant and convey to the Borough

of Tyrone, certain land and improvements situate in the Borough

of Tyrone, Blair County, for $80,000 and under terms and

conditions to be established in an Agreement of Sale with the

Department of General Services.

(b)  Property description.--The property to be conveyed

pursuant to subsection (a) consists of a tract of land totaling

0.57-acres + and improvements thereon, bounded and more

particularly described as follows:

ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the

Borough of Tyrone, County of Blair and State of Pennsylvania,

bounded and described as follows, to wit:

BEGINNING at the Northeasterly corner of Logan Avenue and

Alley K; thence along the Easterly side of Logan Avenue South

eighteen degrees six minutes (18° 6') West one hundred thirty

(130) feet to line of premises conveyed by Ella M. Bell to G.

Wood Miller by deed recorded in said county in Deed Book Vol.

159, Page 37; thence along said Miller's line South seventy-one

degrees fifty-four minutes (71° 54') East one hundred thirty-two

and seven tenths (132.7) feet to a post; thence North seventy-

three degrees thirty minutes (73° 30') East fifty-two (52) feet

to a post on line of premises of A. A. Stevens, formerly land

conveyed by P. Sneeringer and others to David T. Caldwell by

deed recorded in said county in Deed Book Vol. 27, page 498;

thence along said Stevens' line, North eighteen degrees six

minutes (18° 6') East one hundred and five tenths (100.5) feet

to the Southerly side of Alley K; thence along said side of

Alley K, North seventy-one degrees fifty-four minutes (71° 54')

West one hundred seventy-five and five tenths (175.5) feet to

the place of beginning.

BEING Tax Parcel No. 22.2-006-064

BEING the same premises conveyed to the Commonwealth of

Pennsylvania from Thomas C. Heims, Mrs. E. Grace Kolbenschlag

and Joseph E. Kolbenschlag, her husband, and Miss A. May Heims,

all of the Borough of Osceola, County of Clearfield and State of

Pennsylvania, and Mrs. Lillie W. Mills, widow of James K. Mills,

of the City of Braddock, County of Allegheny and State of

Pennsylvania, by deed dated February 15, 1912 and recorded

February 26, 1912, in the County of Blair, Pennsylvania in Deed

Book 206, Page 661.

(c)  Conditions.--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)  Deed restrictions.--Any conveyance authorized under this

act 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 a 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 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 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)  Proceeds.--The proceeds from the sale shall be deposited

in the State Treasury Armory Fund.

(h)  Alternate disposal.--In the event that this conveyance

is not executed per the terms and conditions as established in

the Agreement of Sale, with the Department of General Services,

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.  Effective date.

This act shall take effect immediately.

Section 1.  Release of restrictions in Bucks County.

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(a)  Authorization.--Pursuant to section 20(b) of the act of

June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70

Land Acquisition and Borrowing Act, and in accordance with the

requirements in section 2 of that act, the General Assembly

authorizes the Department of Conservation and Natural Resources

to release Project 70 restrictions from the land owned by the

West Rockhill – Sellersville Joint Recreation Authority, Bucks

County, which is more particularly described in subsection (b),

subject to the following conditions:

(1)  The land must be sold for an amount equal to or

greater than the fair market value of the land as established

by a self-contained appraisal report prepared by a real

estate appraiser certified under the act of July 10, 1990

(P.L.404, No.98), known as the Real Estate Appraisers

Certification Act.

(2)  The proceeds of the sale of the land must be

deposited into an interest-bearing account established by the

authority and designated solely for the purposes of the

conditions under this subsection.

(3)  The money in the account must be used by the

authority for the sole purpose of improvements to the Holiday

House Pool Complex in accordance with a plan preapproved in

writing by the department.

(4)  Within five years after the date of conveyance of

the land by the authority any money remaining in the account

must be paid to the Commonwealth for deposit in the Keystone

Recreation, Park and Conservation Fund. Failure to comply

with this paragraph shall result in the amount of money in

the account constituting a debt by the authority to the

Commonwealth.

(b)  Land subject to the release from Project 70

restrictions.--The land which is subject to the release from

Project 70 restrictions in accordance with the provisions under

subsection (a) is described as follows:

ALL THAT CERTAIN tract of land lying northeast of the

intersection of Washington Avenue (T-348) and Holiday House Road

(T-491) situate within the Township of West Rockhill, County of

Bucks, Commonwealth of Pennsylvania, as referenced by "Exception

Area" on the plan titled, "Holiday House Joint Recreation

Authority TMP 52-014-145" dated March 13, 2012, prepared by C.

Robert Wynn Associates, Inc., more particularly described as

follows:

BEGINNING at a point, the western-most corner of lands now or

late of Holiday House Joint Recreation Authority

(TMP# 52-014-145), said point being at the

approximate center line intersection of Washington

Ave (T-348) and Holiday House Road (T-491), and being

located North 52° 53’ 46” West a distance of 939.58

feet from a railroad spike within the cartway of

Washington Ave in line with adjoining lands now or

late of Robert and Lucille Moore (TMP# 39-3-109);

said point also being the PLACE OF BEGINNING; THENCE,

in and along the cartway of Holiday House Rd North

34° 28’ 46” East a distance of 169.70 feet to a

point; THENCE, leaving the cartway of Holiday House

Rd and extending in and thru lands now or late of

Holiday House Joint Recreation Authority South 52° 

53’ 46” East a distance of 246.90 feet to a point;

THENCE, continuing thru lands now or late of Holiday

House Joint Recreation Authority South 37° 06’ 14”

West a distance of 169.52 feet to a point within the

cartway of Washington Ave; THENCE, continuing along

the cartway of Washington Ave North 52° 53’ 46” West

a distance of 239.13 feet to a point, the PLACE OF

BEGINNING;

CONTAINING a calculated area of 0.9457 acres, more or less, of

land.

Section 2.  Conveyance of easement and release of restrictions

in Rose Valley Lake, Gamble Township, Lycoming

County.

(a)  Authorization.--The General Assembly hereby authorizes

the Pennsylvania Fish and Boat Commission to grant and convey to

Robert Maguire, subject to residential use and utility line

access only restrictions, and free of restrictions on use and

alienation imposed by section 20 of the act of June 22, 1964

(Sp.Sess., P.L.131, No.8), known as the Project 70 Land

Acquisition and Borrowing Act, an access easement on land

situate in Gamble Township, Lycoming County and described in

subsection (b) in exchange for that certain property to be

conveyed to the commission described in subsection (c) and

subject to Project 70 restrictions and under other terms and

conditions described in subsection (d).

(b)  Description of property to be conveyed by

commission.--The 33-feet-wide access easement to be conveyed by

the commission and to be released from Project 70 restrictions

is described as all that certain piece or parcel of land situate

in Gamble Township, County of Lycoming, Commonwealth of

Pennsylvania, more particularly described as a portion of the

lands conveyed in the deed found in Lycoming County Deed Book

553, page 470, and further described as the area extending 16.5

feet perpendicular from and running parallel to the centerline

described as follows:

BEGINNING at a point in the southerly right-of-way of

Township Road 691 (Trimble Road), at the centerline of an

existing farm drive leading to the proposed Toad Hall

Subdivision, said subdivision being lands now or formerly of

Robert A. Maguire; THENCE through lands now or formerly of the

Pennsylvania Fish and Boat Commission's Rose Valley Lake

property along the centerline of said existing farm drive the

following courses and distances:

Along a curve to the left having a radius of 256.00 feet, an

arc length of 132.89 feet, chord bearing of S 33°35'42"E and a

chord distance of 131.40 feet to a point,

Along a curve to the right having a radius of 912.00 feet, an

arc length of 140.64 feet, chord bearing of S 44°02'52"E and a

chord distance of 140.50 feet to a point,

Along a curve to the right having a radius of 315.00 feet, an

arc length of 81.50 feet, chord bearing of S 32°13'05"E and a

chord distance of 81.27 feet to a point,

Along a curve to the right having a radius of 520.00 feet, an

arc length of 159.10 feet, chord bearing of S 16°02'30"E and a

chord distance of 158.48 feet to a point,

S 01°55'35"W and a distance of 99.55 feet to a point,

Along a curve to the left having a radius of 136.00 feet, an

arc length of 55.91 feet, chord bearing of S 09°51'06"E and a

chord distance of 55.52 feet to a iron pin at the common corner

of Lot #1 and Lot #3 at the westerly side of the said proposed

subdivision and corner being located S 05°51'24"W a distance of

12.58 feet from an iron pin in the northwesterly corner of Lot

#1 of the said proposed subdivision and being depicted as corner

#11 on the Pennsylvania Fish Commission, Mill Creek Dam Site

(now Rose Valley Lake), Composite Property Plan", dated February

29, 1968.

CONTAINING approximately 0.5 acres (670 linear feet).

Easement lines extended or contracted as required to intersect

the property lines.

Final area and configuration is subject to local zoning and

subdivision requirements.

(c)  Description of property to be conveyed to

commission.--The property to be conveyed to the commission and

on which Project 70 restrictions will be imposed is described as

fee title to all that certain piece or parcel of land situate in

Gamble Township, County of Lycoming, Commonwealth of

Pennsylvania more particularly described as a portion of the

lands conveyed in the deed found in Lycoming County Deed Book

5317, page 86, described as all that certain piece or parcel of

land more particularly described as follows:

COMMENCING at a iron pin, in the northwesterly corner of Lot

#1 of the proposed Toad Hall Subdivision, and being the corner

of lands now or formerly of the Pennsylvania Fish and Boat

Commission, depicted as corner #11 on the Pennsylvania Fish

Commission, Mill Creek Dam Site (now Rose Valley Lake),

Composite Property Plan", dated February 29, 1968; THENCE along

the common line of Lot #1 and Lot #3 of said subdivision and the

said lands of the Pennsylvania Fish and Boat Commission, passing

over an iron pin at 12.58 feet in the centerline of a 33 feet

access easement running southerly from Township Road T-691

(Trimble Road), S 05°51'24"W a distance of 356.86 feet to the

POINT OF BEGINNING, being a iron pin in the westerly line of Lot

#3 of the said subdivision and depicted as corner #10 on the

said Pennsylvania Fish Commission Composite Property Plan;

THENCE along said Lot #3 and Residual Lot of the said

subdivision, passing over an iron pin at 256.46 feet at the

common corner of Lot #3 and residual Lot, S 19°01'45"W a

distance of 428.66 feet to iron pin in the easterly line of

lands now or formerly of George E. Cook; THENCE along said lands

of Cook, N 25°58'53"W a distance of 287.37 feet to an existing

iron pin in said lands of the Pennsylvania Fish and Boat

Commission and depicted as corner #9 on the said Pennsylvania

Fish Commission Composite Property Plan; THENCE along said lands

of the Pennsylvania Fish and Boat Commission, N 61°03'29"E a

distance of 303.57 feet to an iron pin and the POINT OF

BEGINNING.

CONTAINING 1.000 acres and being Lot #4 of the proposed Toad

Hall Subdivision.

Final area and configuration is subject to local zoning and

subdivision requirements.

(d)  Other terms and conditions.--The conveyance of the

access easement under subsection (b) will be subject to all

easements and encumbrances of record and the following terms and

conditions:

(1)  The access easement shall be expressly limited to the

commission's use and to serving the Maguire property, being a

portion of the lands described in the Lycoming County Deed Book

5317, page 86, and more particularly described as Lot #s 1, 2

and 3 and residual lot as depicted on the proposed Toad Hall

subdivision plan.

(2)  Use of the access easement shall be limited to

residential use and utility line access for underground

electrical, gas, water, telecommunication and sewer lines

servicing residential dwellings or farming operations only.

(3)  Said Robert Maguire shall grant the commission a

conservation easement restricting development to four

residential lots on the property described in paragraph (1).

(4)  Said Robert Maguire shall pay the commission $15,000.

(5)  The parties will resolve issues relating to the Federal

Land and Water Conservation Fund.

(e)  Deed restriction.--The restriction to be included in the

deed of conveyance for the parcel described in subsection (c)

shall be as follows:

This indenture is given to provide land for recreation,

conservation and historical purposes, as said purposes are

defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act.

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

shall be borne by said Robert Maguire.

Section 3.  Sale and transfer of title in Erie County.

(a)  Authorization.--Pursuant to the requirements of section

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act, the

General Assembly hereby authorizes the sale and transfer of

title for the Project 70 lands owned by Erie County which are

more particularly described in subsection (c).

(b)  Project 70 restrictions.--The lands described in

subsection (c) shall be transferred with all existing

restrictions currently imposed by the Project 70 Land

Acquisition and Borrowing Act upon conveyance to Springfield

Township.

(c)  Lands to be released from restrictions.--The land to be

sold with existing Project 70 restrictions are situated in

Springfield Township, Erie County, and are more particularly

described as follows:

All that certain piece or parcel of land situate in the Township

of Springfield, County of Erie and Commonwealth of Pennsylvania,

being part of Tracts "C" and "D" and bounded and described as

follows, to wit:

BEGINNING at the northwest corner of the piece at a point on the

shore of Lake Erie, said point being also a corner of land of

Carnegie Steel Company; thence by the meanders of the shore of

Lake Erie at low water line, the general course of which is

north 58 degrees and 00 minutes east, five hundred fifty-nine

and ninety five hundredths (559.95) feet; and north 77 degrees

and 31 minutes east one hundred seventy-one and nine hundredths

(171.09) feet; thence north 74 degrees and 05 minutes east,

crossing the mouth of Raccoon Creek, four hundred eighty-nine

and ninety-three hundredths (489.93) feet; thence south 87

degrees and 11 minutes east, two hundred ten and six tenths

(210.6) feet; thence north 59 degrees and 23 minutes east, nine

hundred four and six tenths (904.6) feet; thence north 66

degrees and 38 minutes east, eight hundred and nineteen (819)

feet; thence north 89 degrees and 33 minutes east, four hundred

nineteen and twenty-five hundredths (419.25) feet; thence north

60 degrees and 01 minutes east, two hundred forty and twenty-

five hundredths (240.25) feet; thence by land now or formerly

owned by S. A. Sisson, south 19 degrees and 20 minutes east,

passing through a row of apple trees, five hundred fifty and

fifteen hundredths (550.15) feet to an old stone monument at the

south margin of the Lake Road; thence by lands of said S. A.

Sisson, south 04 degrees and 23 minutes east, eight hundred

thirty-eight and twenty-nine hundredths (838.29) feet to a

stake; thence by land of said Sisson and other land of Carnegie

Land Company and Carnegie Steel Company, south 00 degrees and 31

minutes east, passing over old stone monuments at distances of

858.7 feet and 3802 feet, forty-three hundred fifty-five (4355)

feet to a stake on the south side of the bank; thence by other

lands of Carnegie Steel Company, south 89 degrees and 35 minutes

west, four hundred twenty-five and eighty-one hundredths

(425.81) feet to a spike in the centerline of the Eagley Road;

thence along the center of said Road, north 45 degrees and 52

minutes west two thousand five hundred fifty-six and eighty-

eight hundredths (2556.88) feet to a stake at point of

intersection of a curve in said road; thence by same, north 30

degrees and 45 minutes west, eight hundred fifty-three and fifty

two hundredths (853.52) feet to a spike in the centerline of

said road; thence south 88 degrees and 10 minutes west, passing

through a spike in the north line of a private lane (said point

being south, 88 degrees and 10 minutes west, 34.02 feet from the

centerline of Eagley Road) along the north line of said land,

passing through a spike in a large maple tree near the margin of

the road, five hundred seventy-eight and thirty-two hundredths

(578.32) feet to an old stone monument; thence continuing along

the north line of said lane, north 87 degrees and 16 minutes

west; one hundred thirty-three and sixty-four hundredths

(133.64) feet to the center of a large maple tree: thence along

land of the Carnegie Steel Company, north 10 degrees and 59

minutes west, passing over an old stone monument on the south

margin of the Lake Road at a distance of 1454.78 feet and a

stake near the bank of Lake Erie, eighteen hundred seventy-eight

and eight tenths (1878.8) feet to the place of

beginning, and containing 309.62 acres of land, be the same more

or less, according to a survey made by T. Woods Sterrett, et al,

Surveyors, in October, 1933; together with all buildings erected

thereon.

EXCEPTING AND RESERVING THEREFROM all that certain property

conveyed in deed dated February 27, 1953 and recorded March 2,

1953 in Erie County Deed Book 644 Page 143, being property

conveyed to Gerald Kraus and Beatrice M. Kraus, his wife,

containing approximately one hundred (100) acres of land, and

having erected thereon a one and one-half (11/2) story frame

dwelling and frame barn and other outbuildings.

ALSO EXCEPTING AND RESERVING THEREFROM so much of the above

described land as lies between the centerline of Raccoon Creek,

so called, and the west line of the land above described, and

between the centerline of the Lake Road and the waters of Lake

Erie. The reservation may be more correctly described as the

land which lies North of the centerline of the Lake Road and

also West of the centerline of Raccoon Creek.

Together with all riparian and littoral rights acquired by and

formerly owned by Erie County in and to the bank, shore, beach

and waters of Lake Erie adjoining lands herein conveyed, being

between the centerline of Raccoon Creek, so called, and the line

dividing land herein conveyed and land conveyed to Gerald Kraus

by deed recorded in Erie County Deed Book 644, Page 143.

EXCEPTING AND RESERVING unto grantors in Deed Book 929 Page 265,

their heirs and assigns, the right to obtain water and gas from

wells located on the land herein conveyed, which furnish water

and gas to the house located north of the Lake Road and west of

Raccoon Creek reserved by said grantors; the right to occupy

said land with said wells together with the systems which pump

and transport said water and gas to the house on land herein

reserved. Together with the right to enter upon land herein

conveyed for the purpose of maintaining, cleaning, pumping and

repairing, keeping in repair and reconstructing said wells, pump

houses and line leading from said wells and pump houses to the

above house located on land above reserved.

EXCEPTING AND RESERVING to the grantor, its successors and

assigns forever, any and all mineral rights, including gas and

oil, not otherwise reserved above, in the property hereby

conveyed, said reservation includes the right to storage and

access, subject to an agreement between grantor & grantee as to

use of funds received.

TO HAVE AND HOLD the above described property for use as a park

for all the members of the public; however, in the event the

grantee ceases to use said property as a park or limits equal

access to all residents in Erie County, then and in that event

the property conveyed herein shall revert to the County of Erie,

its successors or assigns.

The first party has no actual knowledge of any hazardous waste

as defined in Act No. 1980-97 of the Commonwealth of

Pennsylvania, having been or which is presently being disposed

on or about property described in this deed.

BEING the same premises conveyed to the County of Erie by deed

dated November 9, 1965 and

recorded November 18, 1965 in Erie County Deed Book 929, Page

265.

This conveyance by the County Executive is pursuant to a

Resolution of the County Council of Erie, Pennsylvania, Bo. 78

of 1982 passed the 21st day of December 1982.

(d)  Existing restrictions.–-The following restriction shall

remain in the deeds for the land described under subsection (c):

This indenture is given to provide land for recreation,

conservation and historical purposes as said purposes are

defined in the "Project 70 Land Acquisition and Borrowing Act,"

approved June 22, 1964, P.L.131, No.8.

Section 4.  Transfer in Westmoreland County.

(a)  Authorization.--Pursuant to section 20(b) of the act of

June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70

Land Acquisition and Borrowing Act, the General Assembly

authorizes the release of Project 70 restrictions on a portion

of lands owned by Westmoreland County, which are more

particularly described in subsection (c), in return for

imposition of Project 70 restrictions on other land to be

conveyed and deeded to the county, as described in subsection

(d).

(b)  Freedom of restrictions.--The land described in

subsection (c) shall be free of restrictions on use and

alienation imposed by the Project 70 Land Acquisition and

Borrowing Act upon conveyance of land by Westmoreland County.

(c)  Land to be released from restrictions.--The section of

land to be released from Project 70 restrictions is to be

conveyed from Westmoreland County to Robert S. Sites and it is

situated in the Township of Unity, Westmoreland County, and more

particularly described as follows:

All that certain tract of land situate in the Township of

Unity, County of Westmoreland, Commonwealth of Pennsylvania as

shown on the Property Line Adjustment Plan prepared for

Westmoreland County and Robert S. Sites by Laurel Highlands

Survey Company, bounded and described as follows to wit:

Beginning at a point in SR 1051, said point being North 64

degrees 42 minutes 42 seconds West, 269.39 feet from the

Westmoreland County property corner located in the intersection

of SR 1051 and SR 1049; thence along SR 1051 South 64 degrees 42

minutes 42 seconds East 91.56 feet to a point in SR 1051; thence

leaving SR 1051 along the common property line of Westmoreland

County and Robert S. Sites South 21 degrees 12 minutes 00

seconds West to an iron pin; thence North 13 degrees 02 minutes

30 seconds West to a point in SR 1051 at the place of beginning.

Containing 0.1336 acres of land.

(d)  Land to be restricted.--The section of land to be

restricted pursuant to Project 70 restrictions is to be conveyed

from Robert S. Sites to Westmoreland County and is situated in

the Township of Unity, Westmoreland County, and more

particularly described as follows:

All that certain tract of land situate in the Township of

Unity, County of Westmoreland, Commonwealth of Pennsylvania as

shown on the Property Line Adjustment Plan prepared for

Westmoreland County and Robert S. Sites by Laurel Highlands

Survey Company, bounded and described as follows to wit:

Beginning at an iron pin, said iron pin being the western

most point of the Robert S. Sites parcel and being located on

the edge of the abandoned right-of-way of the former Alexandria

Branch of the Pennsylvania Railroad, thence North 19 degrees 48

minutes 20 seconds East 47.22 feet along the western most Site's

property line to an iron pin located in the abandoned railroad

right-of-way; thence along the abandoned railroad right-of-way

South 73 degrees 13 minutes 36 seconds East 156.32 feet to an

iron pin; thence continuing along the abandoned railroad right-

of-way South 70 degrees 00 minutes 16 seconds East 43.68 feet to

an iron pin; thence continuing along the abandoned railroad

right-of-way North 21 degrees 12 minutes 00 seconds East 32.50

feet to an iron pin at the edge of the abandoned railroad right-

of-way at a corner common to Sites and Westmoreland County;

thence along the edge of the abandoned railroad right-of-way and

property of Westmoreland County South 74 degrees 38 minutes 05

seconds East 78.75 feet to an iron pin; thence continuing along

the edge of the abandoned railroad right-of-way and property of

Westmoreland County South 57 degrees 43 minutes 27 seconds East

28.97 feet to a point at SR 1049; thence along SR 1049 South 44

degrees 02 minutes 13 seconds West 97.79 feet to a point; thence

leaving SR 1049 along the edge of the abandoned railroad right-

of-way and property of Westmoreland County by the arc of a

circle curving to the left in a north westerly direction having

a radius of 528.69 feet an arc distance of 136.10 feet and also

having a chord bearing and distance of North 66 degrees 14

minutes 09 seconds West 135.73 feet to an iron pin; thence

continuing along the edge of the abandoned railroad right-of-way

and along property of Westmoreland County North 73 degrees 36

minutes 42 seconds West 132.06 feet to an iron pin at the place

of beginning. Containing 0.3930 acres of land.

(e)  Project 70 deed clause.--The following restrictions

shall be included in the deed for the replacement land:  "This

indenture is given to provide land for recreation, conservation,

and historical purposes, as said purposes are defined in the act

of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project

70 Land Acquisition and Borrowing Act."

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

conveyance shall be borne by the grantee.

Section 5.  Grant and conveyance of Erie Armory.

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

the approval of the Department of Military and Veterans Affairs

and the Governor, is authorized on behalf of the Commonwealth of

Pennsylvania to grant and convey to QRS Realty Corp. certain

lands and building thereon, being known as the Erie Armory,

situate in the City of Erie, Erie County, for $330,000 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 2.29 acres, more or

less, and an armory building bounded, and more particularly

described as follows:

All that certain tract of land situate in the First Ward of

the City of Erie, County of Erie, Commonwealth of Pennsylvania,

being all of in-lots 1993, 1996, 1998, 1999, 2002, 2003 and

parts of in-lots 1994, 1995, 1997 and 2006, and being more

particularly bounded and described as follows:

BEGINNING at a point at the northwesterly intersection of

East Sixth Street and Parade Street, being the southeasterly

corner of in-lot 1993; thence westwardly along the northerly

line of East Sixth Street 165 feet to a point on the dividing

line between in-lots 1996 and 1997; thence northwardly along

said dividing line a distance of 127.5 feet to a point; thence

westwardly and parallel to the northerly line of East Sixth

Street a distance of 5 feet to a point; thence northwardly and

parallel to the westerly line of Parade Street a distance of

37.5 feet to a point on the dividing line between in-lots 1997

and 1998; thence westwardly along the southerly line of in-lots

1998 and 1999, 2002, 2003 and part of 2006 and parallel to the

northerly line of East Sixth Street a distance of 365 feet to a

point on the dividing line of in-lots 2005 and 2006; thence

northwardly and parallel to the easterly line of German Street a

distance of 165 feet to a point on the southerly line of East

Fifth Street, said point being 125 feet distant from the

southeasterly corner of the intersection of German Street and

East Fifth Street; thence along said southerly line of East

Fifth Street a distance of 402.5 feet to a point, being 132.5

feet distant from the southwesterly corner of the intersection

of East Fifth Street and Parade Street; thence southwardly and

parallel to the westwardly line of Parade Street a distance of

120 feet to a point; thence eastwardly and parallel to the

southerly line of East Fifth Street a distance of 132.5 feet to

a point on the westerly line of Parade Street, said point being

distant 120 feet from the southwesterly corner of East Fifth

Street and Parade Street; thence along said westerly line of

Parade Street a distance of 210 feet to the northwesterly corner

of the intersection of East Sixth Street and Parade Street,

being the place of beginning.

BEING the same premises conveyed to the Commonwealth of

Pennsylvania by:

(1)  Deed of Arthur W. Brevillier, executor and trustee

under the will of C.M. Conrad, deceased, to the Commonwealth

of Pennsylvania, dated December 8, 1919 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 241, Page 524, conveying part of in-lots 1994 and

1995.

(2)  Deed of Arthur W. Brevillier, executor and trustee

under the will of C.M. Conrad, deceased, to the Commonwealth

of Pennsylvania, dated December 8, 1919 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 241, Page 526, conveying in-lot 1993 and part of

1996.

(3)  Deed of Erie Brewing Company to the Commonwealth of

Pennsylvania dated December 30, 1939 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 399, Page 663, conveying in-lots 1998, 1999, 2002

and parts of in-lots 1995 and 1996.

(4)  Quitclaim deed of the City of Erie to the

Commonwealth of Pennsylvania dated June 20, 1941 and recorded

in the Office of Recorder of Deeds of Erie County,

Pennsylvania, Deed Book 413, Page 217, conveying in-lot 2003

and part of 2006.

(5)  Treasurer's deed of James D. Walker by the Treasurer

of Erie County to the Commonwealth of Pennsylvania dated May

21, 1940 and recorded in the Office of Recorder of Deeds of

Erie County, Pennsylvania, Deed Book 414, Page 189, conveying

in-lot 2003 and part of 2006.

(6)  Deed of Erie Brewing Company to the Commonwealth of

Pennsylvania dated December 31, 1956 and recorded in the

Office of Recorder of Deeds of Erie County, Pennsylvania,

Deed Book 747, Page 87, conveying part of in-lot 1997.

BEING Erie County Tax Parcel No. (14) 10-11-100.

KNOWN as the Erie Armory at 350 East 6th Street, City of

Erie, Erie, Pennsylvania.

(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 a 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)  Deed of conveyance.--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)  Proceeds.--The proceeds from the sale shall be deposited

in the State Treasury Armory Fund.

(h)  Alternate disposition.--In the event that this

conveyance is not executed per the terms and conditions as

established in the agreement of sale with the Department of

General Services, the property may be disposed of by the

Department of General Services, with the approval of the

Department of Military and Veterans Affairs and the Governor, at

a price to be determined through a competitive bidding process

with proceeds to be deposited as provided in subsection (g).

Section 6.  Release of restrictions in Chester County.

(a)  Authorization.--Pursuant to the requirements of section

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act, the

General Assembly hereby approves the release of Project 70

restrictions from the land owned by the Borough of Downingtown,

Chester County, which is more particularly described in

subsection (c) in accordance with the following conditions:

(1)  (i)  Project 70 restrictions removed from the land

described in subsection (c) shall be for an amount equal

to or greater than the fair market value of the

restrictions, as established by a self-contained

appraisal report prepared by a State-certified general

appraiser certified under the act of July 10, 1990

(P.L.404, No.98), known as the Real Estate Appraisers

Certification Act.

(ii)  Any land within the area described in

subsection (c) sold by the Borough of Downingtown,

without Project 70 restrictions, shall be for an amount

equal to or greater than the fair market value of the

land, as established by a self-contained appraisal report

prepared by a State-certified general appraiser certified

under the Real Estate Appraisers Certification Act.

(2)  The proceeds of the sale of the land and the release

of the Project 70 restrictions shall be deposited into an

interest-bearing account established by the Borough of

Downingtown and designated solely for the purposes of the

conditions under this subsection.

(3)  The moneys in the interest-bearing account shall be

used by the Borough of Downingtown for the sole purpose of

improvements to Kardon Park in accordance with a development

plan, including construction plans and specifications

prepared by a licensed engineer or landscape architect and

preapproved in writing by the department.

(4)  The Borough of Downingtown shall certify to the

department that an area of land matching the metes and bounds

description in subsection (d) has been deed restricted for

public park use, which deed restriction has been recorded by

the Borough of Downingtown in the form and substance

acceptable to the department. The department and the Borough

of Downingtown may mutually agree on adjustments to the metes

and bounds of the public park land, provided that the public

park land shall not be less than 20.0 acres in size.

(b)  Use of funds securing the public park improvements.--In

accordance with the requirements set forth in subsection (a):

(1)  The funds, including interest, shall be used solely

to ensure the development of public park improvements within

Kardon Park constructed or caused to be constructed by the

Borough of Downingtown in accordance with the plan approved

by the department. The funds shall be released for the

development of the Kardon Park following approval of the

development plan as set forth in subsection(a)(3).

(2)  Any funds, including interest, remaining five years

after the date such funds are deposited, unless extended by

the department for a period not to exceed two years, shall

immediately be paid to the department for deposit in the

department's General Restricted Revenue Fund for the purpose

of funding conservation and recreation grants. Failure to

make such payment shall result in the amount of funds,

including interest, constituting a debt by the Borough of

Downingtown to the Commonwealth.

(c)  Land subject to the release from Project 70

restrictions.--The land which is subject to the release from

Project 70 restrictions in accordance with the provisions under

subsection (a) is as follows:

All that certain tract of land situate in East Caln Township,

Chester County, Pennsylvania, as shown on a plan entitled "P-70

Park Plan" prepared by Commonwealth Engineers, Inc.,

Downingtown, Pennsylvania, dated July 18, 2012, and being more

fully described as follows:

Beginning at an existing railroad spike (set) located in the

center of Norwood Road, said point being the northwestern corner

of parcel 4001 00223010e in East Caln Township, Chester County,

Pennsylvania, and the true point of beginning;

Thencefrom the beginning of left curve from which the radius

point bears north 28°51'05" west, northeasterly and northerly a

distance of 443.47 feet along the curve concave to the

northwest, having a radius of 345.61 feet and a central angle of

73°31'06";

Thence north 12°22'11" west tangent to said curve, a distance of

67.97 feet;

Thence north 72°52'49" east, a distance of 604.99 feet;

Thence south 13°06'52" east, a distance of 762.14 feet;

Thence south 76°49'32" west, a distance of 405.48 feet;

Thence south 16°56'28" east, a distance of 171.56 feet;

Thence south 83°37'40" west, a distance of 474.54 feet;

Thence north 14°12'52" west, a distance of 130.69 feet;

Thence north 77°50'08" east, a distance of 17.50 feet;

Thence north 14°12'52" west, a distance of 309.33 feet to the

point of beginning.

Containing 14.177 acres, more or less.

(d)  Lands subject to the deed restriction.--The lands which

are subject to the deed restriction as required by subsection

(a)(4) are as follows:

Parcel "A"

All that certain tract of land situate in Downingtown Borough

and East Caln Township, Chester County, Pennsylvania, as shown

on a plan entitled “Park Area Legal Description Plan” prepared

by Commonwealth Engineers, Inc., Downingtown, Pennsylvania,

dated September 7, 2012, and being more fully described as

follows:

Beginning at an existing bolt (set) located in the center of

Pennsylvania Avenue, said point being the southeastern corner of

parcel 1104 0014020e in Downingtown Borough, Chester County,

Pennsylvania, and the true point of beginning;

Thence south 43°46'50" west, a distance of 500.70 feet;

Thence south 43°02'02" west, a distance of 5.40 feet;

Thence north 30°25'01" west, a distance of 136.79 feet;

Thence north 02°57'50" east, a distance of 361.29 feet;

Thence south 87°02'10" east, a distance of 123.32 feet;

Thence north 14°36'16" east, a distance of 111.23 feet;

Thence north 01°41'02" east, a distance of 237.40 feet;

Thence north 46°12'15" west, a distance of 361.72 feet;

Thence north 01°41'02" east, a distance of 129.44 feet;

Thence north 43°18'58" west, a distance of 73.53 feet;

Thence north 01°41'02" east, a distance of 83.92 feet;

Thence north 43°18'58" west, a distance of 19.80 feet;

Thence north 88°18'58" west, a distance of 39.21 feet;

Thence north 41°40'09" west, a distance of 24.75 feet;

Thence north 88°18'58" west, a distance of 136.35 feet to the

beginning of a curve concave to the southwest having a radius of

367.00 feet and a central angle of 13°35'22" and being subtended

by a chord which bears north 33°05'05" west 86.84 feet;

Thence northwesterly along said curve, a distance of 87.04 feet;

Thence north 39°52'46" west tangent to said curve, a distance of

277.81 feet to the beginning of a curve tangent to said line;

Thence northwesterly a distance of 34.60 feet along the curve

concave to the southwest, having a radius of 187.00 feet and a

central angle of 10°36'07";

Thence north 50°28'53" west tangent to said curve, a distance of

55.38 feet to the beginning of a curve concave to the west

having a radius of 345.61 feet and a central angle of 45°44'34"

and being subtended by a chord which bears north 10°30'06" east

268.65 feet;

Thence northeasterly and northerly along said curve, a distance

of 275.92 feet;

Thence north 12°22'11" west tangent to said curve, a distance of

67.97 feet;

Thence north 72°52'49" east, a distance of 604.99 feet;

Thence south 13°06'52" east, a distance of 762.14 feet;

Thence south 13°06'28" east, a distance of 1148.90 feet to the

point of beginning.

Containing 19.107 acres.

Parcel "B"

All that certain tract of land situate in Downingtown Borough

and East Caln Township, Chester County, Pennsylvania, as shown

on a plan entitled "Park Area Legal Description Plan" prepared

by Commonwealth Engineers, Inc., Downingtown, Pennsylvania,

dated September 7, 2012, and being more fully described as

follows:

Beginning at an existing railroad spike (set) located in the

center of Norwood Road, said point being the northwestern corner

of parcel 4001 0023010e in East Caln Township, Chester County,

Pennsylvania, and the true point of beginning;

Thencefrom the beginning of left curve from which the radius

point bears north 28°51'05" west, northeasterly a distance of

97.93 feet along the curve concave to the northwest, having a

radius of 345.61 feet and a central angle of 16°14'03";

Thence south 50°28'53" east, a distance of 54.93 feet to the

beginning of a curve tangent to said line;

Thence southeasterly a distance of 21.74 feet along the curve

concave to the southwest, having a radius of 117.50 feet and a

central angle of 10°36'07";

Thence south 39°52'46" east tangent to said curve, a distance of

178.08 feet;

Thence south 50°07'15" west, a distance of 190.53 feet;

Thence south 75°47'08" west, a distance of 39.06 feet;

Thence north 14°12'52" west, a distance of 268.18 feet to the

point of beginning.

Containing .990 acres.

Total restricted park property contains 20.097 acres, more or

less.

(e)  Definition.--As used in this section, the term

"department" means the Department of Conservation and Natural

Resources of the Commonwealth.

Section 7.  Effective date.

This act shall take effect immediately.