AN ACT

 

1Authorizing the Department of General Services, with the
2approval of the Governor, to grant and convey, at a price to
3be determined through a competitive bid process, certain
4lands and buildings situate partly in the City of Harrisburg
5and partly in Susquehanna Township, Dauphin County; and
6authorizing the Department of General Services, with the
7approval of the Governor, to release the educational use
8restriction and reversionary covenant on property previously
9conveyed by the Commonwealth of Pennsylvania, through the
10Department of General Services, to Temple University situate
11in Cheltenham Township, Montgomery County.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Conveyance in Harrisburg and Susquehanna Township,
15Dauphin County.

16(a) Authorization.--The Department of General Services, with
17the approval of the Governor, is hereby authorized on behalf of
18the Commonwealth of Pennsylvania to grant and convey, at a price
19to be determined through competitive bidding, the land described
20in subsection (b) together with any buildings, structures or
21improvements thereon, situate partly in the City of Harrisburg
22and partly in Susquehanna Township, Dauphin County,
23Pennsylvania.

1(b) Property description.--Except as otherwise provided in
2subsection (c), the property to be conveyed pursuant to this
3section consists of the following described tract or tracts of
4land, and all improvements located thereon, bounded and more
5particularly described as follows:

6ALL THAT CERTAIN tract or tracts of land, and all
7improvements thereon erected, situate partly in the City of
8Harrisburg and partly in Susquehanna Township, Dauphin County,
9known formerly as the Harrisburg State Hospital and Harrisburg
10State Hospital Farm, and now known in part as the DGS Annex
11Complex, and being Dauphin County Tax ID #62-026-004, acquired
12by the Commonwealth of Pennsylvania pursuant to the following
13deeds recorded with the Dauphin County Recorder of Deeds:

14Book Volume B-2, Page 453

15Book Volume C-27, Page 231

16Book Volume C-27, Page 233

17Book Volume C-27, Page 234

18Book Volume C-27, Page 236

19Book Volume C-27, Page 239

20Book Volume C-27, Page 241

21Book Volume D-3, Page 560

22Book Volume H-4, Page 317

23Book Volume H-6, Page 476

24Book Volume L-7, Page 367

25Book Volume L-22, Page 212

26Book Volume N-6, Page 215

27Book Volume N-22, Page 507

28Book Volume P-11, Page 1

29Book Volume Q-22, Page 498

30Book Volume T-2, Page 313

1Book Volume U-6, Page 551

2Book Volume V-6, Page 401

3Book Volume V-8, Page 555

4Book Volume W.B.-N, Page 416

5Book Volume X-25, Page 461

6Book Volume X-6, Page 221

7Book Volume Y-2, Page 333

8LESS AND EXCEPTING all prior conveyances appearing of record.

9(c) Survey required.--The final legal description of the
10property to be sold shall be established by a survey prepared by
11a Pennsylvania-licensed land surveyor under a contract with the
12Department of General Services. The property to be sold shall
13exclude the following Commonwealth-owned facilities, including
14suitable grounds therefore and such easements and other
15appurtenances as are necessary or desirable for the current and
16future operation of such facilities, each of which is currently
17located on a portion of the property:

18(1) Pennsylvania State Police Headquarters.

19(2) Pennsylvania Game Commission Headquarters.

20(3) Pennsylvania Fish and Boat Commission Headquarters.

21(4) Pennsylvania Emergency Management Agency
22Headquarters.

23(5) Department of Agriculture Headquarters.

24(6) Department of Agriculture - Farm Show Complex or
25Parking Facilities.

26(7) Department of Military and Veterans Affairs - 28th
27Division Headquarters.

28(8) Department of Transportation - Materials Testing
29Laboratory.

30(9) Department of Transportation - Vehicle Maintenance

1Facility.

2(10) Pennsylvania Senate and Pennsylvania House of
3Representatives - Mailroom and Print Shop Facility.

4(11) Any other portion of the property required for
5Commonwealth operations as determined by the Department of
6General Services.

7The Department of General Services shall consult with each
8entity having jurisdiction and control over the facilities
9enumerated in this subsection or any other portion of the
10property before establishing final property boundaries to ensure
11that adequate property is retained for current and future
12operations. The subdivision of this property shall be exempt
13from the provisions of the act of July 31, 1968 (P.L.805,
14No.247), known as the Pennsylvania Municipalities Planning Code,
15and local subdivision and land development ordinances.

16(d) Conditions.--The conveyance shall be made under and
17subject to all lawful and enforceable easements, servitudes and
18rights of others, including but not confined to streets,
19roadways and rights of any telephone, telegraph, water,
20electric, gas or pipeline companies, as well as under and
21subject to any lawful and enforceable estates or tenancies
22vested in third persons appearing of record, for any portion of
23the land or improvements erected thereon.

24(e) Licensed facilities prohibited.--Any conveyance
25authorized under this section shall be made under and subject to
26the condition, which shall be contained in the deed of
27conveyance, that no portion of the property conveyed shall be
28used as a licensed facility, as defined in 4 Pa.C.S. § 1103
29(relating to definitions), or any other similar type of facility
30authorized under State law. The condition shall be a covenant

1running with the land and shall be binding upon the Grantee, its
2successors and assigns. Should the Grantee, its successors or
3assigns, permit any portion of the property authorized to be
4conveyed in this act to be used in violation of this subsection,
5the title shall immediately revert to and revest in the Grantor.

6(f) Deed of conveyance.--The deed of conveyance shall be by
7Special Warranty Deed and shall be executed by the Secretary of
8General Services in the name of the Commonwealth of
9Pennsylvania.

10(g) Costs and fees.--Costs and fees incidental to this
11conveyance shall be borne by the Grantee.

12(h) Time period for conveyance.--In the event that the
13Department of General Services does not convey the property
14within ten years of the effective date of this section, the
15authority contained in this section shall become null and void.

16(i) Deposit of proceeds.--The proceeds from the sale shall
17be deposited in the General Fund.

18Section 2. Release of educational use restriction in Cheltenham
19Township, Montgomery County.

20(a) Authorization.--The Department of General Services, with
21the approval of the Governor, is hereby authorized on behalf of
22the Commonwealth of Pennsylvania for consideration of $700,000
23to release the educational use restriction and reversionary
24covenant placed on a certain parcel of land, with improvements,
25conveyed to Temple University under the authority of section
262409-A(c) of the act of April 9, 1929 (P.L.177, No.175), known
27as The Administrative Code of 1929. The property to be released
28from the use restriction and reversionary covenant is described
29as follows:

30ALL THAT CERTAIN piece or parcel of ground with the buildings

1and improvements erected thereon, situate in Cheltenham
2Township, Montgomery County, and described according to a Plan
3of Temple University Tyler Art School made by George B. Mebus,
4Inc., Engineers, dated October 8, 1969, as follows to wit:

5BEGINNING at a point on the former center line of Penrose
6Avenue (55 feet wide as widened 5.00 on the Northwesterly side
7from its former width of 50 feet) said point being at a distance
8of 592.96 feet measured North 41 degrees 21 minutes East from a
9point of intersection which the said former center line of
10Penrose Avenue makes with the center line of Beech Avenue (50
11feet wide); thence from the place of BEGINNING and along the
12said former center line of Penrose Avenue 41 degrees 21 minutes
13East 256.00 feet to a point; thence along the Northwesterly line
14of land now or late of Temple University and partly crossing the
15bed of Penrose Avenue South 48 degrees 44 minutes 39 seconds
16East 240.21 feet to a point; thence through land now or late of
17Temple University, of which this is a part, the eight (8)
18following courses and distances (1) South 41 degrees 21 minutes
19West 82.00 feet to a point; thence (2) North 48 degrees 39
20minutes West 16.00 feet to a point; thence (3) South 41 degrees
2121 minutes West 44.90 feet to a point; thence (4) South 48
22degrees 39 minutes East 53.50 feet to a point; thence (5) North
2341 degrees 21 minutes East 25.00 feet to a point; thence (6)
24South 48 degrees 39 minutes East 33.93 feet to a point; thence
25(7) North 41 degrees 21 minutes East 49.74 feet to a point;
26thence (8) South 42 degrees 28 minutes 50 seconds East 221.48
27feet to appoint on the center line of a lane (15 feet wide);
28thence along the center line of the Lane the four (4) following
29courses and distances (1) South 52 degrees 00 minutes West 2.41
30feet to a point; thence (2) South 67 degrees 39 minutes West

190.55 feet to a point; thence (3) South 53 degrees 51 minutes 24
2seconds West 55.20 feet to a point; thence (4) South 44 degrees
354 minutes West 73.35 feet to a point; thence through land now
4or late of Temple University the nine (9) following courses and
5distances (1) North 48 degrees 44 minutes 39 seconds West 188.77
6feet to a point; thence (2) North 41 degrees 21 minutes East
725.00 feet to a point; thence (3) North 48 degrees 44 minutes 39
8seconds West 14.00 feet to a point; thence (4) North 41 degrees
921 minutes East 32.00 feet to a point; thence (5) North 48
10degrees 44 minutes 39 seconds West 41.00 feet to appoint; thence
11(6) North 41 degrees 21 minutes East 25.00 to a point; thence
12(7) North 48 degrees 44 minutes 39 seconds West 55.00 feet to a
13point; thence (8) South 41 degrees 21 minutes West 51.00 feet to
14a point; thence (9) North 48 degrees 44 minutes 39 seconds West
15and partly re-crossing Penrose Avenue 176.00 feet to a point on
16the aforementioned former center line Penrose Avenue, the place
17of BEGINNING.

18BEING the same property conveyed to Temple University by the
19Commonwealth of Pennsylvania, acting by and through the
20Department of General Services, by its deed, dated February 17,
211998, and recorded in the Montgomery County Recorder of Deeds in
22Deed Book 5222, Page 393.

23(b) Execution of necessary legal instruments.--Any legal
24instruments necessary to release the restrictive covenant and
25reversionary interest shall be executed by the Secretary of
26General Services in the name of the Commonwealth of
27Pennsylvania.

28(c) Costs and fees.--Costs and fees incidental to removing
29the use restriction and reversionary covenant shall be borne by
30Temple University.

1(d) Deposit of proceeds.--The proceeds received by the
2Department of General Services from Temple University for
3consideration of release of the restrictive covenant and
4reversionary interest shall be deposited into the General Fund.

5Section 3. Effective date.

6This act shall take effect immediately.