PRINTER'S NO. 1087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
897
Session of
2015
INTRODUCED BY RAFFERTY, LEACH AND WAGNER, JUNE 22, 2015
REFERRED TO TRANSPORTATION, JUNE 22, 2015
AN ACT
Authorizing the Department of Transportation, with the approval
of the Governor, to grant and convey to Center Square
Commons, L.P., certain lands situate in the Township of
Whitpain, Montgomery County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Township of Whitpain, Montgomery
County.
(a) Authorization.--The Department of Transportation, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to enter into a land transfer
with Center Square Commons, L.P. on certain land situated in the
Township of Whitpain, Montgomery County, as described in
subsection (b) for fair market value based on an appraisal and
under terms and conditions to be established in an Agreement of
Sale.
(b) Property description.--The property to be conveyed to
Center Square Commons, L.P. contains a calculated area of 52,496
square feet or 1.205 acres of land, more or less that is subject
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to easements and restrictions of record, if any, and begins at a
point in the southeasterly Right of Way line of DeKalb Pike
(a.k.a. S.R. 202), (R.O.W. varies) where the same is intersected
by the line dividing Unit 34 and Unit 4 (n/f Village of Center
Square, LLC) Block 4 and running; thence: 1) S 53
⁰
31' 54" E,
along the said dividing line a distance of 369.45 feet to a
point, 2) S 38
⁰
19' 40" W, along the same a distance of 235.03
feet to a point, 3) N 53
⁰
37' 37" W, along the line dividing Unit
34, Block 5 and Unit 4 (n/f Leoni Family-New Hanover Square
Limited Partnership) then Unit 1, (n/f Leoni Family-New Hanover
Square Limited Partnership) Block 4, a distance of 197.01 feet
to a point, 4) N 35
⁰
42' 44" E, along the line dividing Units 34
and 1, (n/f Robbin L. Cramer DMD and Robert Cramer) then Unit 2
(n/f Richard E. and Margie B. Strawhacker), a distance of 138.48
feet to a point, 5) N 37
⁰
56' 20" E, along the line dividing
Units 34 and 3 (n/f Center Square 938 DeKalb, LP) Block 5, a
distance of 65.68 feet, 6) N 53
⁰
13' 06" W, along the line
dividing Units 34 and 3, Block 5, a distance of 167.67 feet to a
point, and 7) Along the southeasterly Right of Way line of
DeKalb Pike along a curve to the right, having a radius of
1,900.00 feet, (central angle 0
⁰
54' 53"), an arc length of 30.33
feet, a chord bearing N 42
⁰
07' 26" E, a distance of 30.33 feet
to the point and place of beginning.
(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 and
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
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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 the laws of this Commonwealth. 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
quit claim deed and shall be executed by the Secretary of
Transportation 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) Deposit of proceeds.--Proceeds from the sale shall be
deposited into the Motor License Fund.
Section 2. Effective date.
This act shall take effect immediately.
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