THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HELM, MILLARD, HENNESSEY, HARRIS, BOBACK, BROOKS, CALTAGIRONE, CONKLIN, J. EVANS, EVERETT, FABRIZIO, GRELL, HESS, KNOWLES, McGEEHAN, MILLER, MYERS, PICKETT, SCAVELLO, SONNEY, STEVENSON, VULAKOVICH AND SWANGER, MAY 23, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 23, 2012  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to Susquehanna

Township, certain lands in Susquehanna Township, Dauphin

County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Susquehanna Township, Dauphin 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 grant and convey to

Susquehanna Township certain lands of the Commonwealth of

Pennsylvania, at the Pennsylvania State Police Headquarters,

situate in Susquehanna Township, Dauphin County, for

consideration equal to fair market as determined by an

independent appraisal.

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

pursuant to this section consists of 1,262 square feet bounded

and more particularly described as follows:

ALL THAT CERTAIN tract of land situate at the northeasterly

intersection of Elmerton Avenue, State Route 3026 and Kohn Road,

T-318, in Susquehanna Township, Dauphin County, Pennsylvania in

accordance with a plan entitled "Exhibit C, Right-of-Way Plan,

for Commonwealth of Pennsylvania", dated May 2, 2012, prepared

by K&W Engineers and Consultants, Harrisburg, Pennsylvania,

Project No. 2003.042, Sheet 1 of 1, being more fully bounded and

described as follows:

BEGINNING at a point on the westerly side of the existing

right‑of-way line of Kohn Road T-318, opposite Point of

Intersection Station 0+47.62;

Thence North 80º 48' 14" East a distance of 46.55' to a point of

curvature on the easterly existing right-of-way line of Kohn

Road, T-318; the place of BEGINNING.

Thence along said right-of-way line the following two courses

and distances:

1)  Along a line curving to the right having a radius of

25.00', an arc length of 1.59' and a chord bearing North 11º

01' 15" West a distance of 1.59' to a point;

2)  North 09º 11' 46" West a distance of 76.58' to a

point;

Thence through lands of the Commonwealth of Pennsylvania along a

line curving to the left having a radius of 88.00', an arc

length of 128.06' and a chord bearing South 50º 53' 04" East a

distance of 117.05' to a point.

Thence along the northerly required right-of-way line of

Elmerton Avenue, S.R.3026; the following course and distance:

1)  South 87º 25' 38" West a distance of 78.32' to a

point; the place of BEGINNING

CONTAINING: 1,262 Square Feet, or 0.0290 Acres

(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)  Restriction.--The conveyance 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

executed by the Secretary of General Services in the name of the

Commonwealth.

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

conveyance shall be borne by the Grantee.

(g)  Alternate disposition.--In the event that an agreement

of sale between the parties is not executed within 12 months of

the effective date of this section, the property may be disposed

of in accordance with section 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.