SENATE AMENDED

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, SWANGER, JAMES, MURT AND DALEY, MAY 23, 2012

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, JUNE 19, 2012   

AN ACT

Authorizing and directing 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; authorizing the Department of General

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Services, with the approval of the Governor, to remove the

restrictions imposed on certain lands situate in the City of

Philadelphia, Philadelphia County; authorizing Indiana

University of Pennsylvania of the State System of Higher

Education, with the approval of the Governor, to grant and

convey to the Armstrong County Industrial Development

Council, or its assigns, a permanent easement across certain

lands situate in South Buffalo Township, Armstrong County;

and authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to Winebrenner

Theological Seminary certain lands and improvements situate

in Greene Township, Franklin 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 and directed 

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 fair market

value 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)  Sunset provision.--In the event that this conveyance is

not executed within 12 months of the effective date of this

section, the authority contained in this section shall expire.

Section 2.  Removal of certain restrictions imposed on certain

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lands in the City of Philadelphia, Philadelphia

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 and release the

restrictive use covenants imposed on certain real property

conveyed to Tolentine Community Center and Development

Corporation by the Department of General Services pursuant to

the authority contained in the act of June 29, 2002 (P.L.689,

No.104), entitled "An act authorizing the Department of General

Services, with the approval of the Governor, to grant and convey

to Tolentine Community Center and Development Corporation

certain lands and building situate in the City of Philadelphia,

Philadelphia County." The removal and release of the covenants

shall be for consideration and upon terms and conditions to be

established in an agreement between the Department of General

Services and Tolentine Community Center and Development

Corporation, their successors and assigns. Approval under this

subsection shall be subject to all applicable local ordinances

and regulations regarding zoning and land use.

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

subsection (a) is bounded and described as follows:

ALL THAT CERTAIN lot or piece of ground with the buildings

thereon erected SITUATE on the East side of Broad Street in the

Twenty-sixth Ward of the City of Philadelphia composed of six

contiguous lots or pieces of ground viz three thereof commencing

at the distance of one hundred and twenty-five feet Northward

from the North side of Wharton Street, containing together in

front or breadth on the said Broad Street seventy-five feet and

extending in length or depth Eastwardly two hundred and twenty

feet six inches, bounded on the South by ground now or late of

Robert Ross, on the East by ground now or late of James Bond and

William G. Alexander, on the North by the lot next described,

and on the West by Broad Street aforesaid; one other thereof

commencing at the distance of two hundred feet Northward from

the North side of Wharton Street, containing in front or breadth

on the said Broad Street twenty-five feet and extending in

length or depth Eastward of that width between parallel lines at

right angles to the said Broad Street two hundred and twenty

feet six inches; bounded Northward by the lot next described,

Southward by the lot last above described, Eastward by ground

late of James Bond and William G. Alexander and Westward by said

Broad Street; one other of them commencing at the distance of

two hundred and twenty-five feet Northward from the North side

of Wharton Street, containing in front or breadth on the said

Broad Street seventeen feet and extending in depth Eastward on

the South line thereof parallel with said Wharton Street, two

hundred and twenty feet six inches and on the North Line in a

Northeasterly direction two hundred and twenty-two feet more or

less, and containing on the rear and thereof and parallel with

Broad Street, thirty-four feet seven inches; bounded on the

North by the lot next described, on the East by ground late of

said Bond and Alexander on the South by the lot last described,

and on the West by Broad Street; and the other thereof at the

distance of two hundred and forty-two feet Northward from the

North side of Wharton Street, thence extending on a line South

Eighty-two degrees fifteen minutes East by the lot last

described two hundred feet ten and a half inches to a fifty feet

wide street called Watts Street, thence Northward along the West

side of the said Watts Street Eleven feet two inches, thence

Westward at right angle to said Broad Street, two hundred feet

to the said Broad Street, and thence Southward along the East

side of the said Broad Street thirty feet to the place of

beginning.

(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.  Easement in South Buffalo Township, Armstrong

County.

(a)  Authorization.--The Indiana University of Pennsylvania

of the State System of Higher Education, with the approval of

the Governor, is hereby authorized on behalf of the Commonwealth

of Pennsylvania to grant and convey to the Armstrong County

Industrial Development Council, or its assigns, a permanent

easement across certain lands of the Commonwealth of

Pennsylvania at the Northpointe regional campus of the Indiana

University of Pennsylvania situate in South Buffalo Township,

Armstrong County, in exchange for the conveyance of an easement

by the Armstrong County Industrial Development Council to

Indiana University of Pennsylvania of the State System of Higher

Education, and under terms and conditions to be established in

an easement agreement.

(b)  Legal description.--The permanent easement to be

conveyed pursuant to subsection (a) consists of 12,097 square

feet bounded and more particularly described as follows:

All that certain shared access easement between Lot 4 and Lot 17

in the "Lot Line Revision Northpointe #2B", situate in South

Buffalo Township, Armstrong County, Pennsylvania, more

particularly bound and described as follows:

BEGINNING at a point common to the line dividing Lot 4 and Lot

17 in the Lot Line Revision Northpointe #2B as recorded in the

Office of the Recorder of Deeds for Armstrong County in Plan

Book Volume 6, Pages 223-226 and the northerly right of way line

of Northpointe Boulevard, 90 feet wide; thence from said point

of beginning by said right of way in a westerly direction by a

curve bearing to the left having a radius of 1045.00 feet

through an arc distance of 22.90 feet subtended by a chord

bearing of S 56° 10' 55" W and a chord distance of 22.90 feet to

a point on said right of way of Northpointe Boulevard; thence

leaving said right of way and through said Lot 4 the following

three (3) courses and distances:

1.  In a northerly direction by a curve bearing to the

left having a radius of 25.00 feet through an arc distance of

16.31 feet subtended by a chord bearing of N 10° 17' 10" W

and a chord distance of 16.02 feet to a point of tangency

2.  N 28° 59' 58" W a distance of 250.55 feet to a point

of curvature

3.  In a westerly direction by a curve bearing to the

left having a radius of 2.00 feet through an arc distance of

1.82 feet to a point of reverse curvature; thence continuing

through said Lot 4 and continuing through Lot 17 the

following four (4) courses and distances:

1.  In a northerly direction by a curve bearing to the

right having a radius of 30.50 feet through an arc distance

of 152.16 feet to a point of reverse curvature

2.  In a southerly direction by a curve bearing to the

left having a radius of 2.00 feet through an arc distance of

1.82 feet to a point of tangency

3.  S 28° 53' 46" E a distance of 245.70 feet to a point

of curvature

4.  In a southerly direction by a curve bearing to the

left having a radius of 25.00 feet through an arc distance of

17.65 feet to a point on said right of way line of

Northpointe Boulevard;

Thence by said Northpointe Boulevard in a westerly direction by

a curve bearing to the left having a radius of 1045.00 feet

through an arc distance of 23.05 feet subtended by a chord

bearing of S 57° 26' 30" W and a chord distance of 23.05 feet to

a point at the dividing line between said Lots 4 and 17 at the

place of beginning.

CONTAINING an area of 12,097 square feet or 0.28 acre.

BEING the same property as shown as Right of Way Plan prepared

by Senate Engineering Company Drawing No. B-5456 dated April 25,

2012 and the Plan of Survey prepared by Martone Engineering and

Surveying Company Drawing No. G-287 dated March 7, 2012.

(c)  Easement agreement.--The easement agreement shall be

executed by the President of the Indiana University of

Pennsylvania of the State System of Higher Education in the name

of the Commonwealth of Pennsylvania.

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

conveyance of this permanent easement shall be borne by the

Grantee.

(e)  Expiration of authority.--In the event that the parties

have not entered into an easement agreement within 12 months of

the effective date of this section, the authorization contained

in this section shall expire.

Section 4.  Conveyance in Greene Township, Franklin County. 

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

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

Commonwealth of Pennsylvania to grant and convey to Winebrenner

Theological Seminary certain lands and improvements thereon,

being known as the Scotland School for Veterans' Children,

situate in Greene Township, Franklin County, under terms,

conditions and for consideration 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 165.96 acres, more or

less, and all improvements thereon, being more particularly

bounded and described as follows, subject to an official survey

and plan:

All those hereinafter described tracts of land situated in

Greene Township, Franklin County, and bounded and described as

follows:

Tract 1

BEGINNING at a point in the middle of the Conococheague

Creek, thence by land N/F of Caroline Thomas, South forty nine

(49) degrees West twelve and eight tenths (12.8) rods to a white

oak; thence by the same, South 4 and a half (4 1/2) degrees East

twenty two (22) rods to a point (formerly a white oak) on the

line of land N/F of the said George H. Stewart; thence South

eighty six (86) degrees West one hundred and five and six tenths

(105.6) rods to a point in the public road and leading from

Scotland to Chambersburg; thence by land N/F of said George H.

and Alexander Stewart, North three (3) degrees East Eighty six

(86) rods to a point on the line of the right of way of the

Cumberland Valley Railroad Company and thirty (30) feet from the

middle thereof; thence by said right of way, North fifty eight

(58) degrees East ninety seven (97) rods to a point thirty (30)

feet from the middle of said right of way; thence by the same,

North sixty one (61) degrees East forty eight and fifty five one

hundredths (48.55) rods to a point seventy five (75) feet from

the middle of said right of way; thence by the same North fifty

eight (58) degrees East twenty and one fourth (20 1/4) rods to a

point in the middle of said creek and seventy five (75) feet

from the middle of said right of way; thence up the creek by its

several courses and distances one hundred and eighty six and

three tenths (186.3) rods to the place of BEGINNING.

CONTAINING 100-acres.

BEING the same piece or parcel of land conveyed by George H.

Stewart et al, to the Commonwealth of Pennsylvania, by deed

dated February 20, 1894, recorded in the Office of Recorder of

Deeds for Franklin County in Deed Book 101, Page 189.

Tract 2

BEGINNING at a point in the public road leading from

Chambersburg to Scotland on line of lands N/F of George H.

Stewart, thence along said road North eighty six (86) degrees

East fourteen and one tenths (14 1/10) perches to a pin or stone

at the corner of lands of the Commonwealth of Pennsylvania;

thence by the lands of the Commonwealth of Pennsylvania North

three (3) degrees East eighty-six (86) perches to a point on the

East line of the Cumberland Valley Railroad right of way sixteen

and one-half (16 1/2) feet from the line of the land N/F of

William Pentz at this point; thence by land of the Commonwealth

of Pennsylvania, along the East line of said right of way a

distance of thirty (30) feet from the middle of the railroad

track with the curves of the same North fifty-two and one half

(52 1/2) degrees East twenty-two and fifty-one hundredths (22

51/100) perches to a point, thirty (30) feet from the middle of

said track, thence by the same fifty-six and one-half (56 1/2)

degrees East twenty-two and fifty-one one hundredths (22 51/100)

perches to a point thirty (30) feet from the middle of said

track; thence by the same North fifty-eight (58) degrees East

fifty-three perches to a point thirty (30) feet from the middle

of said track; thence along the same North sixty-one (61)

degrees East forty-eight and fifty-five hundredths (48 55/100)

perches to a point seventy-five (75) feet from the middle of

said track; thence by the same at a distance of seventy-five

(75) feet from the middle of said track North fifty-eight (58)

degrees East twenty and one-fourth (20 1/4) perches to a point

in the Conococheaque Creek; thence along the middle of said

creek by the several courses and distances of the same by lands

N/F of B.C. Oyler, John G. Youst et al, one hundred and sixty-

three and five tenths (163 5/10) perches to a point; thence by

lands N/F of John G. Youst South eleven and three fourths (11

3/4) degrees West from a point in the middle of the dam, eight-

seven and eight-tenths (87 8/10) perches to a point on the

Cumberland Valley Railroad at corner of lands N/F of William

Pentz; thence by lands N/F of said William Pentz South eleven

and three fourths (11 3/4) degrees West eighty-eight (88)

perches to the place of BEGINNING.

CONTAINING 44-acres and one hundred and nineteen (119)

perches neat measure including half of the creek and public

road.

BEING the same piece or parcel of land conveyed by Alexander

Stewart, to the Commonwealth of Pennsylvania, by deed dated

January 14, 1905, recorded in the Office of Recorder of Deeds

for Franklin County in Deed Book 136, Page 118.

Tract 3

BEGINNING at a point on the public road leading from

Chambersburg to Scotland at lands of the Commonwealth of

Pennsylvania (formerly of Alexander Stewart); thence South

eighty eight (88) degrees West nine and four tenths (9 4/10)

perches; thence South sixty-three and one-half (63 1/2) degrees

West twenty-six and two-tenths (26 2/10) perches; thence along

lands of John Eby (formerly Peter Farner) South thirty-four and

three-fourths (34 3/4) degrees West forty-five (45) perches to

the right of way of the Cumberland Valley Railroad; thence North

fifty-one (51) degrees East ninety-seven and one-tenth (97 1/10)

perches to a point; thence along lands of the Commonwealth of

Pennsylvania (formerly Alexander Stewart) South twelve (12)

degrees West eighty-seven and two-tenths (87 2/10) perches to

the place of BEGINNING.

CONTAINING 21-acres and thirty-six (36) perches neat measure.

BEING the same piece or parcel of land conveyed by William

Pentz, to the Commonwealth of Pennsylvania, by deed dated

January 30, 1905, recorded in the Office of Recorder of Deeds

for Franklin County in Deed Book 136, Page 121.

THE ABOVE DESCRIBED TRACTS collectively being Tax Parcel Nos.

09-0C13-030 and 09-0C13-030A.

(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)  Reservations.--The Department of General Services is

hereby authorized, on behalf of the Commonwealth of

Pennsylvania, to grant or reserve any such easements on the

property, known as the Scotland School for Veterans' Children,

as the Secretary of General Services shall determine are

appropriate or necessary to effectuate this section.

(f)  Modifications.--The Department of General Services is

authorized to make minor modifications to the legal descriptions

contained in this section, within its conveyance documents,

based on a final boundary survey and minor subdivision plan.

(g)  Deeds 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.

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

conveyance shall be borne by the Grantee.

(i)  Proceeds.--The amount of all costs and fees incurred by

the Department of General Services in physically maintaining the

property since its closure in 2008 and preparing the property

for sale shall be deducted from the proceeds of the sale and

transferred to the appropriation from which the costs and fees

were paid by the Department of General Services. The balance of

the proceeds of the sale shall be deposited into the General

Fund.

(j)  Required sales agreement.--If the grantee and the

Department of General Services cannot reach a mutually

acceptable agreement of sale within six 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 5.  Effective date.

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This act shall take effect immediately.