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SENATE AMENDED
PRIOR PRINTER'S NO. 89
PRINTER'S NO. 3560
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
121
Session of
2021
INTRODUCED BY ECKER, JANUARY 12, 2021
SENATOR ARGALL, STATE GOVERNMENT, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 18, 2022
AN ACT
Authorizing the transfer of Project 70 restrictions from 0.043
acres of State Game Land 249 that will be purchased by the
Department of Transportation for highway right-of-way to
0.043 acres of replacement game land that will be deeded over
to the Pennsylvania Game Commission by the Department of
Transportation.; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
CONVEY TO PENNHURST HOLDINGS DE, LLC, CERTAIN LANDS AND
IMPROVEMENTS SITUATE IN EAST VINCENT TOWNSHIP, CHESTER
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE BEAR
CREEK TOWNSHIP VOLUNTEER HOSE COMPANY CERTAIN LANDS,
BUILDINGS AND IMPROVEMENTS SITUATE IN BEAR CREEK TOWNSHIP,
LUZERNE COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
CONVEY TO CITY CENTER INVESTMENT CORP., CERTAIN LANDS SITUATE
IN THE CITY OF ALLENTOWN AND THE CITY OF BETHLEHEM, LEHIGH
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE
CENTRE COUNTY INDUSTRIAL DEVELOPMENT CORPORATION CERTAIN
LANDS AND IMPROVEMENTS SITUATE IN BENNER TOWNSHIP, CENTRE
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO BERKS
COUNTY INTERMEDIATE UNIT CERTAIN LANDS AND IMPROVEMENTS
SITUATE IN WINDSOR TOWNSHIP, BERKS COUNTY, BEING A PORTION OF
THE FORMER HAMBURG CENTER; AND MAKING A RELATED REPEAL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Restrictions on property owned by the Commonwealth,
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acting by and through the Pennsylvania Game
Commission.
(a) Authorization.--Pursuant to the requirements of section
20(b) of the act of June 22, 1964 (Sp.Sess. 1, P.L.131, No.8),
known as the Project 70 Land Acquisition and Borrowing Act, the
General Assembly hereby authorizes the transfer of Project 70
restrictions for a portion of the Project 70 lands owned by the
Pennsylvania Game Commission, known as State Game Land 249,
which are more particularly described under subsection (c), to
replacement game land also described under subsection (c).
(b) Project 70 restrictions.--The lands described under
subsection (c) shall be exchanged with all existing restrictions
currently imposed by the Project 70 Land Acquisition and
Borrowing Act upon conveyance of the lands.
(c) Property description.--The parcels of land to be
exchanged are located in Huntington Township, Adams County, and
more particularly bounded and described as follows:
All that certain parcel of ground, lying and being
situate in Huntington Township, Adams County, Pennsylvania,
being more particularly bounded and described as follows:
(1) Area from State Game Land 249 to be acquired by
Department of Transportation.
Beginning at a point at the bend in the right-of-way line of
State Route 1009 (Wiermans Mill Road) at the northeast corner of
the intersection of State Route 1009 and Township Road 568
(White Church Road); thence along the northeast legal right-of-
way line of State Route 1009 NORTH 20 DEGREES 21 MINUTES 05
SECONDS EAST a distance of 16.85 FEET to a point; thence leaving
the legal right-of-way line and through lands of which this is a
part SOUTH 38 DEGREES 40 MINUTES 51 SECONDS EAST a distance of
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48.20 FEET to a point; thence through the same SOUTH 49 DEGREES
57 MINUTES 19 SECONDS WEST a distance of 5.00 FEET to a point;
thence through the same SOUTH 40 DEGREES 02 MINUTES 41 SECONDS
EAST a distance of 150.00 FEET to a point; thence through the
same SOUTH 49 DEGREES 57 MINUTES 19 SECONDS WEST a distance of
8.50 FEET to a point on the northeasterly legal right-of-way
line of State Route 1009; thence along the legal right-of-way
line NORTH 40 DEGREES 02 MINUTES 41 SECONDS WEST a distance of
189.87 FEET to the point and place of beginning and having an
area of 0.043 Acres.
Being a portion of the tract of land title to which became
vested in Commonwealth of Pennsylvania by deed as recorded in
Adams County Deed Book Volume 259 at Page 187.
(2) Replacement game land
Beginning at a point at the intersection of the easterly
right-of-way line of Township Road 568 (White Church Road) and
the southerly required right-of-way line of State Route 1009
(Wiermans Mill Road); thence through lands now or formerly of
Timothy Alan Anderson and along the southerly required right-of-
way line of State Route 1009 SOUTH 40 DEGREES 02 MINUTES 41
SECONDS EAST a distance of 41.94 FEET to a point; thence through
and along the same NORTH 49 DEGREES 57 MINUTES 19 SECONDS EAST a
distance of 3.00 FEET to a point; thence through and along the
same SOUTH 40 DEGREES 02 MINUTES 41 SECONDS EAST a distance of
25.00 FEET to a point; thence leaving the required right-of-way
line and continuing through lands of Anderson SOUTH 49 DEGREES
57 MINUTES 19 SECONDS WEST a distance of 32.00 FEET to a point;
thence through the same NORTH 44 DEGREES 19 MINUTES 55 SECONDS
WEST a distance of 50.14 FEET to a point on the said easterly
right-of-way line of Township Road 568; thence along the
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easterly right-of-way line NORTH 22 DEGREES 36 MINUTES 15
SECONDS EAST a distance of 36.87 FEET to the point and place of
beginning and having an area of 0.043 Acres.
Being a portion of the tract of land title to which became
vested in Timothy Alan Anderson by deed as recorded in Adams
County Deed Book Volume 3002 at Page 186.
Section 2. Effective date.
This act shall take effect in 60 days.
SECTION 2. CONVEYANCE IN EAST VINCENT TOWNSHIP, CHESTER 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 CERTAIN
TRACTS OF LAND TOGETHER WITH ANY IMPROVEMENTS THEREON, BEING
PORTIONS OF THE LANDS OF THE SOUTHEASTERN PENNSYLVANIA VETERANS
CENTER, SITUATE IN EAST VINCENT TOWNSHIP, CHESTER COUNTY, TO
PENNHURST HOLDINGS DE, LLC, FOR $220,000, UNDER TERMS AND
CONDITIONS TO BE ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
THIS SECTION CONSISTS OF THE FOLLOWING:
ALL THOSE CERTAIN PARTS OR PARCELS OF LAND SITUATE, LYING AND
BEING IN THE TOWNSHIP OF VINCENT, COUNTY OF CHESTER, AND
COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,
TO WIT:
PREMISES A, AREA 1
THIS PARCEL IS PRELIMINARILY DESCRIBED AS FOLLOWS, PURSUANT
TO A PROPOSED SUBDIVISION PLAN ENTITLED, "OVER-ALL SUBDIVISION
PLAN," PREPARED BY PENNONI ASSOCIATES, INC., AND DATED AUGUST
23, 2022, WHICH DESCRIPTION IS SUBJECT TO CHANGE AS NECESSARY TO
CONFORM WITH A FINAL SUBDIVISION PLAN APPROVED BY THE TOWNSHIP
OF EAST VINCENT:
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BEGINNING AT NORTHEAST COMER RIGHT-OF-WAY OF BROWN DRIVE AND
COMMONWEALTH DRIVE. THENCE, ALONG BROWN DRIVE RIGHT-OF-WAY NORTH
89 DEGREES 12 MINUTES 25 SECONDS WEST, DISTANCE OF 64.69' TO A
POINT. THENCE, LEAVING BROWN DRIVE RIGHT-OF-WAY NORTH 03 DEGREES
13 MINUTES 01 SECONDS WEST, DISTANCE OF 435.98 FEET TO POINT.
THENCE, SOUTH 71 DEGREES 50 MINUTES 15 SECONDS WEST, DISTANCE OF
153.89 FEET TO A POINT. THENCE, NORTH 03 DEGREES 29 MINUTES 40
SECONDS EAST, DISTANCE OF 89.31 FEET TO COMER OF NOW OR LATE
PHILADELPHIA ELECTRIC COMPANY.
THENCE, ALONG THE SAME, FOLLOWING THE SOUTHERN EDGE OF THE
ABANDONED RAILROAD THE FOLLOWING THREE COURSE AND DISTANCES: (1)
IN A NORTHEASTERLY DIRECTION BY A LINE CURVING TO THE LEFT
HAVING A RADIUS 1960.00 FEET, LENGTH 149.70 FEET, CHORD BEARING
NORTH 86 DEGREES 57 MINUTES 13 SECONDS EAST WITH CHORD DISTANCE
OF 149.66 FEET TO A POINT. (2) SOUTH 5 DEGREES 10 MINUTES 7
SECONDS EAST, 10.17 FEET. (3) IN A NORTHEASTERLY DIRECTION BY A
LINE CURVING TO THE LEFT HAVING A RADIUS OF FEET, LENGTH 458.27
FEET, CHORD BEARING NORTH 78 DEGREES 10 MINUTES 2 SECONDS EAST
WITH A CHORD DISTANCE OF 457.24 FEET TO POINT AT THE COMING OF
NOW OR LATE PENNHURST HOLDINGS DE LLC PREMISES A. THENCE, ALONG
THE SAME, FOLLOWING FOUR COURSE AND DISTANCES: (1) S 9 DEGREES
15 MINUTES 43 SECONDS EAST, 221.19 FEET TO A POINT IN THE BED OF
50 FEET RIGHT-OF-WAY OF COMMONWEALTH DRIVE. (2) SOUTH 60 DEGREES
41 MINUTES 58 SECONDS EAST, 366.07 FEET. (3) SOUTH 77 DEGREES 51
MINUTES 5 SECONDS EAST, 275.97 FEET. (4) SOUTH 3 DEGREES 1
MINUTE 41 SECONDS EAST, 85.31 FEET. THENCE, N 86 DEGREES 14
MINUTES 3 SECONDS WEST, 986.22 FEET TO A POINT AT THE EASTERLY
EDGE OF 50 FEET RIGHT-OF-WAY OF COMMONWEALTH DRIVE. THENCE,
ALONG THE SAME IN A SOUTHWESTERLY DIRECTION BY A LINE CURVING TO
THE LEFT HAVING A RADIUS 496.54 FEET, LENGTH 45.82 FEET, CHORD
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BEARING SOUTH 40 DEGREES 33 MINUTES 50 SECONDS WEST WITH CHORD
DISTANCE OF 45.80 FEET TO A POINT. THENCE, IN A SOUTHEASTERLY
DIRECTION BY A LINE CURVING TO THE LEFT HAVING A RADIUS OF 20
FEET, LENGTH OF 44.38 FEET, CHORD BEARING SOUTH 25 DEGREES 38
MINUTES 36 SECONDS EAST WITH A CHORD LENGTH OF 35.82 FEET TO THE
FIRST MENTIONED POINT OF BEGINNING.
CONTAINING 7.20-ACRES.
PREMISES A, AREA 2
THIS PARCEL IS PRELIMINARILY DESCRIBED AS FOLLOWS, PURSUANT
TO A PROPOSED SUBDIVISION PLAN ENTITLED, "OVER-ALL SUBDIVISION
PLAN," PREPARED BY PENNONI ASSOCIATES, INC., AND DATED AUGUST
23, 2022, WHICH DESCRIPTION IS SUBJECT TO CHANGE AS NECESSARY TO
CONFORM WITH A FINAL SUBDIVISION PLAN APPROVED BY THE TOWNSHIP
OF EAST VINCENT:
BEGINNING AT THE CENTERLINE OF BROWN DRIVE, COMER OF NOW OR
LATE COMMONWEALTH OF PENNSYLVANIA, THENCE SOUTH 14 DEGREES 37
MINUTES 23 SECONDS WEST, DISTANCE OF 23.14 FEET TO SOUTHERN SIDE
OF BROWN DRIVE RIGHT-OF-WAY (50 FEET). THENCE, ALONG THE SAME
FOLLOWING THE SOUTHERN EDGE OF THE RIGHT-OF-WAY 7 COURSE AND
DISTANCES: (1) NORTH 89 DEGREES 1 MINUTE 46 SECONDS WEST,
DISTANCE OF 207.72 FEET. (2) LINE CURVING TO THE RIGHT HAVING A
RADIUS 533.57 FEET, LENGTH 104.58 FEET, CHORD BEARING NORTH 83
DEGREES 24 MINUTES 52 SECONDS WEST WITH CHORD DISTANCE OF 104.41
FEET. (3) NORTH 77 DEGREES 47 MINUTES 58 SECONDS WEST, DISTANCE
OF 336.96 FEET. (4) NORTH 78 DEGREES 12 MINUTES 50 SECONDS WEST,
DISTANCE 246.15 FEET. (5) LINE CURVING TO THE RIGHT HAVING A
RADIUS 402.55 FEET, LENGTH 53.23 FEET, CHORD BEARING NORTH 74
DEGREES 25 MINUTES 32 SECONDS WEST WITH CHORD DISTANCE OF 53.19
FEET. (6) NORTH 70 DEGREES 38 MINUTES 14 SECONDS WEST, DISTANCE
OF 159.52 FEET. (7) LINE CURVING TO THE LEFT HAVING A RADIUS
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580.33 FEET, LENGTH 130.60 FEET, CHORD BEARING NORTH 77 DEGREES
05 MINUTES 3 SECONDS WEST WITH CHORD DISTANCE OF 130.32 FEET TO
A POINT ON THE SOUTHERN SIDE OF BROWN DRIVE. THENCE, LEAVING THE
SOUTHERN SIDE OF BROWN DRIVE NORTH 3 DEGREES 01 MINUTES 41
SECONDS WEST, DISTANCE OF 27.19 FEET TO A POINT IN BED OF BROWN
DRIVE. THENCE, ALONG THE SAME FOLLOWING BROWN DRIVE THE
FOLLOWING FIVE COURSE AND DISTANCES. (1) SOUTH 79 DEGREES 37
MINUTES 12 SECONDS EAST, DISTANCE OF 105.61 FEET. (2) SOUTH 69
DEGREES 35 MINUTES 14 SECONDS EAST, DISTANCE OF 196.25 FEET. (3)
SOUTH 75 DEGREES 05 MINUTES 2 SECONDS EAST, DISTANCE OF 89.57
FEET. (4) SOUTH 78 DEGREES 13 MINUTES 9 SECONDS EAST, DISTANCE
OF 575.47 FEET. (5) SOUTH 87 DEGREES 57 MINUTES 2 SECONDS EAST,
DISTANCE OF 280.23 FEET TO MENTIONED POINT OF BEGINNING.
CONTAINING 29,596.00 SQUARE FEET OF LAND, MORE OR LESS.
PREMISES B
BEGINNING AT A MAG NAIL FOUND AT A POINT OF INTERSECTION OF
THE CENTER TITLE LINE OF BROWN DRIVE (50' WIDE PRIVATE RIGHT-OF-
WAY) AND THE EASTERN PROPERTY LINE OF LANDS N/F OWEN J. ROBERTS
SCHOOL DISTRICT SAID MAG NAIL BEING LOCATED SOUTH 76°53'44" WEST
A DISTANCE OF 244.25 FEET FROM THE INTERSECTION OF CENTER TITLE
LINE OF BROWN DRIVE (50' WIDE PRIVATE RIGHT-OF-WAY) AND CENTER
TITLE LINE OF PENNHURST DRIVE (50' WIDE PRIVATE RIGHT-OF-WAY);
1. THENCE ALONG SAID LANDS N/F OWEN J. ROBERTS SCHOOL
DISTRICT, PASSING OVER A BROKEN CONCRETE MONUMENT FOUND 25.00
FEET FROM BEGINNING OF THIS COURSE, SOUTH 12°45'04" EAST FOR
A DISTANCE OF 225.00 FEET TO A FOUND CAPPED REBAR;
2. THENCE ALONG SAID LANDS, SOUTH 77°14'56" WEST, FOR A
DISTANCE OF 326.70 FEET TO A FOUND CAPPED REBAR;
3. THENCE ALONG SAID LANDS, PASSING OVER A CONCRETE
MONUMENT FOUND 25.00 FEET FROM THE TERMINUS OF THIS COURSE,
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NORTH 12°45'27" WEST, FOR A DISTANCE OF 230.60 FEET TO A
FOUND MAG NAIL AT THE CENTER TITLE LINE OF BROWN DRIVE (50'
WIDE PRIVATE RIGHT-OF-WAY);
4. THENCE ALONG SAID TITLE LINE, NORTH 78°13'50" EAST,
326.77 FEET TO A FOUND MAG NAIL , AND THE POINT OF BEGINNING.
CONTAINING 74,424.4 SQUARE FEET (L.708 ACRES) OF LAND, MORE
OR LESS, AS SHOWN AS A TRACT #2 ON A MAP ENTITLED "SOUTHEASTERN
PENNSYLVANIA VETERANS CENTER BOUNDARY RETRACEMENT SURVEY PLAN"
AS PREPARED BY NAVARRO & WRIGHT CONSULTING ENGINEERS, INC.,
DATED APRIL 09, 2020 TO BE ATTACHED HERETO AND MADE A PART
HEREOF.
(C) EXISTING ENCUMBRANCES.--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) GAMING RESTRICTION.--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
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TITLE SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
(E) EASEMENTS.--THE DEPARTMENT OF GENERAL SERVICES MAY
RESERVE ANY EASEMENTS IN, OVER AND ACROSS THE LANDS TO BE
CONVEYED AS IT DEEMS NECESSARY, CONVENIENT OR APPROPRIATE FOR
THE CONTINUED OPERATION OF THE SOUTHEASTERN PENNSYLVANIA
VETERANS CENTER OR THE SPRING CITY READINESS CENTER. THE
DEPARTMENT OF GENERAL SERVICES MAY ALSO GRANT OR ASSIGN SUCH
EASEMENTS TO PENNHURST HOLDINGS DE, LLC, AS THE DEPARTMENT OF
GENERAL SERVICES DEEMS NECESSARY, CONVENIENT OR APPROPRIATE TO
PROVIDE ACCESS TO THE LANDS OF PENNHURST HOLDINGS DE, LLC.
(F) RELEASE OF CONDITION AND TERMINATION OF PERPETUAL
LICENSE.--THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO
TAKE SUCH ACTION AS IS NECESSARY TO RELEASE THE INTEREST OF THE
COMMONWEALTH OF PENNSYLVANIA IN THAT CERTAIN CONDITION, AND TO
TERMINATE A RELATED PERPETUAL LICENSE, CONCERNING A GARAGE AS
PROVIDED IN THE DEED FROM THE COMMONWEALTH OF PENNSYLVANIA TO
PENNHURST ACQUISITION, L.P., DATED FEBRUARY 14, 2008, AND
RECORDED AT THE OFFICE OF THE RECORDER OF DEEDS OF MONTGOMERY
COUNTY AT BOOK 7373 PAGE 1647.
(G) DEED.--THE CONVEYANCE SHALL BE MADE BY SPECIAL WARRANTY
DEED TO BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE
NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(H) SUNSET.--IN THE EVENT THAT THE CONVEYANCE AUTHORIZED
UNDER THIS SECTION IS NOT COMPLETED WITHIN TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY TO CONVEY THE
PROPERTY UNDER SUBSECTION (A) SHALL EXPIRE.
(I) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 3. CONVEYANCE IN BEAR CREEK TOWNSHIP, LUZERNE COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
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THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE BEAR
CREEK TOWNSHIP VOLUNTEER HOSE COMPANY THE FOLLOWING TRACT OF
LAND TOGETHER WITH ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS
THEREON, SITUATE IN BEAR CREEK TOWNSHIP, LUZERNE COUNTY, FOR
$61,000, UNDER TERMS AND CONDITIONS TO BE ESTABLISHED IN AN
AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF A TRACT OF LAND TOTALING
APPROXIMATELY 5.592 ACRES, INCLUDING ALL BUILDINGS, STRUCTURES
AND IMPROVEMENTS LOCATED THEREON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF GROUND, SITUATE IN
THE BEAR CREEK TOWNSHIP, COUNTY OF LUZERNE AND COMMONWEALTH OF
PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY SIDE OF A 100'
RIGHT OF WAY OF BEAR CREEK BOULEVARD, S.R. 0115, SAID POINT ALSO
MARKING A COMMON CORNER OF THE LANDS OF THE COMMONWEALTH OF
PENNSYLVANIA AND THE NORTHERN CORNER OF THE LANDS N/F OF THE
BEAR CREEK TOWNSHIP VOLUNTEER HOSE COMPANY; THENCE SOUTH 36° 11'
17" WEST, FOUR HUNDRED FIVE AND THIRTY-TWO HUNDREDTHS (405.32)
FEET TO A POINT; THENCE CONTINUING ALONG THE LANDS OF THE BEAR
CREEK TOWNSHIP VOLUNTEER HOSE COMPANY, THE LANDS OF MICHAEL AND
CHARLOTTE LYONS, AND PARTIALLY ALONG THE LANDS OF LORI PETLOCK,
SOUTH 89° 53' 25" WEST, ONE HUNDRED NINETY TWO AND SIXTY NINE
HUNDREDTH (192.69) FEET TO A POINT, MARKING THE DIVIDING LINE
BETWEEN LOT 1 AND LOT 2 THE FOLLOWING (10) COURSES AND DISTANCE;
(1) NORTH 24° 06' 35" WEST, ONE HUNDRED TWELVE AND ZERO
HUNDREDTHS (112.00) FEET TO A POINT; (2) NORTH 50° 53' 25" EAST,
FORTY ONE AND FIFTY HUNDREDTHS (41.50) FEET TO A POINT; (3)
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NORTH 39° 06' 35" WEST, SEVENTY FOUR AND ZERO HUNDREDTHS (74.00)
FEET TO A POINT; (4) NORTH 61° 06' 35" WEST, NINETY TWO AND ZERO
HUNDREDTHS (92.00) FEET TO A POINT; (5) NORTH 29° 06' 35" WEST,
FIFTY FIVE AND ZERO HUNDREDTHS (55.00) FEET TO A POINT; (6)
NORTH 12° 51' 20" EAST, SEVENTY SEVEN AND ZERO HUNDREDTHS
(77.00) FEET TO A POINT; (7) NORTH 26° 57'29" EAST, ONE HUNDRED
EIGHTEEN AND ZERO HUNDREDTHS (118.00) FEET TO A POINT; (8) NORTH
51° 35' 49" EAST, ONE HUNDRED SIXTY SIX AND ZERO HUNDREDTHS
(166.00) FEET TO A POINT; (9) SOUTH 89° 06' 34" EAST, SIXTY AND
ZERO HUNDREDTHS (60.00) FEET TO A POINT; (10) NORTH 51° 35' 49"
EAST, ONE HUNDRED FIFTY AND ZERO HUNDREDTHS (150.00) FEET TO A
POINT ON THE SOUTHWESTERLY SIDE ON BEAR CREEK BOULEVARD; THENCE
ALONG THE SOUTHERLY RIGHT OF WAY ON A CURVE TO THE RIGHT, HAVING
A RADIUS OF NINE HUNDRED NINETY ONE AND SEVENTY FOUR HUNDREDTHS
(991.74) FEET, AND AN ARC LENGTH OF THREE HUNDRED NINETY SEVEN
AND ZERO TWO HUNDREDTHS (397.02) FEET, AND A LONG CORD OF SOUTH
34° 07' 51" EAST, THREE HUNDRED NINETY FOUR AND THIRTY SEVEN
HUNDREDTHS (394.37) FEET TO THE PLACE OF BEGINNING.
CONTAINING 5.592 ACRES OF LAND AND BEING ALL OF LOT #1 AS
SHOWN ON DRAWING ENTITLED "FINAL MINOR SUBDIVISION PLAN,
COMMONWEALTH OF PENNSYLVANIA, BEAR CREEK HIGHWAY MAINTENANCE
FACILITY, BEAR CREEK BOULEVARD, (S.R. 0115) BEAR CREEK TOWNSHIP,
LUZERNE COUNTY, PENNSYLVANIA" BY LABELLA ASSOCIATES; RECORDED IN
LUZERNE COUNTY RECORDER OF DEEDS, INSTRUMENT NO. 202218825.
BEING P/O PIN 04J11 00A036000.
BEING A PORTION OF THE SAME PARCEL OF LAND CONVEYED BY HENRY
A. BEHRENS AND MARGARET E. BEHRENS, HIS WIFE, TO THE
COMMONWEALTH OF PENNSYLVANIA, BY DEED DATED FEBRUARY 9, 1939,
AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF LUZERNE
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 781, PAGE 421; AND
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ALSO BEING A PORTION OF THE SAME PARCEL OF LAND CONVEYED BY
MARGARET E. BEHRENS, WIDOW, TO THE COMMONWEALTH OF PENNSYLVANIA
BY DEED DATED OCTOBER 11, 1960 AND RECORDED AT THE OFFICE OF THE
RECORDER OF DEEDS OF LUZERNE COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 1465, PAGE 228.
(C) EXISTING ENCUMBRANCES.--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) CONDITION.--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 AND 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) EASEMENTS.--THE DEPARTMENT OF GENERAL SERVICES MAY
RESERVE ANY EASEMENTS IN, OVER AND ACROSS THE LANDS TO BE
CONVEYED AS IT DEEMS NECESSARY, CONVENIENT OR APPROPRIATE.
(F) DEED OF CONVEYANCE.--THE CONVEYANCE SHALL BE BY SPECIAL
WARRANTY DEED TO BE EXECUTED BY THE SECRETARY OF GENERAL
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SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(G) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(H) ALTERNATE DISPOSITION.--IF THE CONVEYANCE IS NOT
EFFECTUATED WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION, 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.
(I) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 4. CONVEYANCE IN THE CITY OF ALLENTOWN AND THE CITY OF
BETHLEHEM, LEHIGH 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, FOR $5,500,000, THE FOLLOWING TRACTS OF LAND TOGETHER
WITH ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS THEREON, SITUATE
IN THE CITY OF ALLENTOWN AND THE CITY OF BETHLEHEM, LEHIGH
COUNTY, TO CITY CENTER INVESTMENT CORP.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY 195.167
ACRES OF LAND AND IMPROVEMENTS LOCATED THEREON, BOUNDED AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT #1
ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE CITY
OF ALLENTOWN AND CITY OF BETHLEHEM, LEHIGH COUNTY, BOUNDED AND
DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A CONCRETE MONUMENT FOUND ON THE SOUTH SIDE OF
HANOVER AVENUE SAID POINT BEING AT THE NORTHEAST CORNER OF THE
LANDS OF N/F 1514 INC., THENCE FROM THE PLACE OF BEGINNING ALONG
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THE SOUTH LINE OF HANOVER AVENUE THE FOLLOWING COURSES AND
DISTANCES:
(1) S 55°31'17" E FOR A DISTANCE OF 511.16' TO A POINT,
THENCE
(2) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
5°45'00", A RADIUS OF 957.11' FOR AN ARC LENGTH OF 96.05' TO A
POINT, THENCE
(3) N 61°16'18" E FOR A DISTANCE OF 5.96' TO A POINT, THENCE
(4) ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
5°47'00", A RADIUS OF 1034.11' FOR AN ARC LENGTH OF 104.38' TO A
POINT, THENCE
(5) N 55°29'17" E FOR A DISTANCE OF 45.13' TO THE NORTHWEST
CORNER OF HANOVER AVENUE AND NORTH QUEBEC STREET; THENCE ALONG
THE WEST LINE NORTH QUEBEC STREET S 7°57'43" E FOR A DISTANCE OF
553.45' TO A POINT AT THE SOUTHWEST CORNER OF NORTH QUEBEC
STREET AND EAST ALLEN STREET; THENCE ALONG THE SOUTH LINE OF
EAST ALLEN STREET N 81°23'17" E FOR A DISTANCE OF 678.83' TO AN
IRON PIN SET AT THE NORTHWEST CORNER OF LOT #2;
THENCE ALONG LOT #2 THE FOLLOWING COURSE AND DISTANCES:
(1) S 27°11'30" E FOR A DISTANCE OF 1032.47' TO AN IRON PIN
SET; THENCE
(2) S 55°10'20" W FOR A DISTANCE OF 243.03' TO AN IRON PIN
SET; THENCE
(3) S 34°49'40" E FOR A DISTANCE OF 160.00' TO AN IRON PIN
SET; THENCE
(4) N 54°56'04" E FOR A DISTANCE OF 603.06' TO AN IRON PIN
SET; THENCE
(5) N 43°48'06" E FOR A DISTANCE OF 727.05' TO AN IRON PIN
SET; THENCE
(6) N 72°56'55" E FOR A DISTANCE OF 285.07' TO AN IRON PIN
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SET; THENCE
(7) N 76°19'04" E FOR A DISTANCE OF 378.08' TO AN IRON PIN
SET ON THE CITY OF ALLENTOWN AND THE CITY OF BETHLEHEM LINE;
THENCE
(8) ALONG THE CITY OF ALLENTOWN AND THE CITY OF BETHLEHEM
LINE N 6°55'39" W FOR A DISTANCE OF 413.29' TO AN IRON PIN SET;
THENCE ALONG THE LANDS OF N/F BRUCE LOCH AND JAMES BURKOS, N/F
A-TOWN DEVELOPMENT COMPANY, AND N/F RAYMOND PEREZ, N 82°59'59" E
FOR A DISTANCE OF 396.87' TO A POINT; THENCE ALONG THE LANDS OF
N/F RAYMOND PEREZ, THE SOUTH LINE OF GRANDVIEW BOULEVARD, AND
N/F GERALDINE P. HOLZINGER N 81°45'17" E FOR A DISTANCE OF
396.71' TO A CONCRETE MONUMENT FOUND; THENCE ALONG THE LANDS OF
PA LINES LCC S 8°31'43" E FOR A DISTANCE OF 469.16' TO A POINT
ON THE NORTH LINE OF CENTRAL BOULEVARD;
THENCE ALONG THE NORTH LINE OF CENTRAL BOULEVARD THE
FOLLOWING COURSES AND DISTANCES:
(1) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
30°53'14", A RADIUS OF 798.97' FOR AN ARC LENGTH OF 430.71' TO A
POINT, THENCE
(2) S 75°44'07" W FOR A DISTANCE OF 205.24' TO A POINT,
THENCE
(3) S 66°28'27" W FOR A DISTANCE OF 232.14' TO A POINT,
THENCE ALONG THE NORTH LINE OF RIVER DRIVE THE FOLLOWING
COURSES AND DISTANCES:
(1) S 69°08'28" W FOR A DISTANCE OF 282.83' TO A POINT;
THENCE
(2) S 54°30'17" W FOR A DISTANCE OF 507.39' TO A POINT;
THENCE
(3) S 50°28'17" W FOR A DISTANCE OF 411.58' TO A POINT;
THENCE
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(4) S 56°43'17" W FOR A DISTANCE OF 384.03' TO A POINT;
THENCE
(5) ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
39°02'00", A RADIUS OF 256.69' FOR AN ARC LENGTH OF 174.87' TO A
POINT, THENCE
(6) S 17°41'17" W FOR A DISTANCE OF 83.85' TO A POINT;
THENCE
(7) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
8°00'03", A RADIUS OF 346.78' FOR AN ARC LENGTH OF 48.47' TO A
POINT,
THENCE ALONG THE LANDS OF N/F NORFOLK SOUTHERN THE FOLLOWING
COURSES AND DISTANCES:
(1) S 39°24'36" W FOR A DISTANCE OF 139.28' TO A CONCRETE
MONUMENT FOUND; THENCE
(2) S 49°14'43" E FOR A DISTANCE OF 6.14' TO A POINT ON THE
NORTH LINE OF RIVER DRIVE;
THENCE ALONG THE NORTH LINE OF RIVER DRIVE THE FOLLOWING
COURSES AND DISTANCES:
(1) S 44°33'17" W FOR A DISTANCE OF 159.40' TO A POINT;
THENCE
(2) ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
14°07'00", A RADIUS OF 541.84' FOR AN ARC LENGTH OF 133.50' TO A
POINT, THENCE
(3) S 30°26'17" W FOR A DISTANCE OF 799.21' TO A POINT;
THENCE
(4) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
18°38'50", A RADIUS OF 891.50' FOR AN ARC LENGTH OF 290.14' TO A
POINT, THENCE
(5) S 49°05'07" W FOR A DISTANCE OF 392.66' TO A POINT;
THENCE
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(6) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
8°09'10", A RADIUS OF 536.50' FOR AN ARC LENGTH OF 76.34' TO A
POINT, THENCE
(7) S 57°14'17" W FOR A DISTANCE OF 332.83' TO A POINT;
THENCE
(8) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
10°36'40", A RADIUS OF 663.50' FOR AN ARC LENGTH OF 122.88' TO A
POINT, THENCE
(9) S 46°37'37" W FOR A DISTANCE OF 729.66' TO A POINT;
THENCE
(10) ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
8°41'30", A RADIUS OF 536.50' FOR AN ARC LENGTH OF 81.39' TO A
POINT, THENCE
(11) S 55°19'07" W FOR A DISTANCE OF 126.31' TO A POINT AT
THE SOUTHEAST LIMIT OF UNOPENED SOUTH MAXWELL STREET; THENCE
ALONG EAST LINE OF UNOPENED SOUTH MAXWELL STREET N 7°40'54" W
FOR A DISTANCE OF 1981.82' TO A CONCRETE MONUMENT FOUND;
THENCE ALONG THE LANDS OF N/F THE COMMUNITY SERVICES FOR
CHILDREN THE FOLLOWING COURSES AND DISTANCES:
(1) N 77°27'55" E FOR A DISTANCE OF 343.59' TO A POINT;
THENCE
(2) N 82°36'13" E FOR A DISTANCE OF 264.92' TO A POINT;
THENCE
(3) N 7°34'12" W FOR A DISTANCE OF 48.78' TO A POINT; THENCE
(4) N 10°07'23" E FOR A DISTANCE OF 18.41' TO A POINT;
THENCE
(5) N 33°51'14" E FOR A DISTANCE OF 77.17' TO A POINT;
THENCE
(6) N 6°18'35" W FOR A DISTANCE OF 41.34' TO A POINT; THENCE
(7) S 83°24'45" W FOR A DISTANCE OF 56.39' TO A POINT;
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THENCE
(8) N 6°18'23" W FOR A DISTANCE OF 35.42' TO A POINT; THENCE
(9) N 83°44'46" E FOR A DISTANCE OF 56.41' TO AN IRON PIPE
FOUND; THENCE
(10) N 6°16'03" W FOR A DISTANCE OF 223.32' TO A POINT;
THENCE
(11) S 83°06'05" W FOR A DISTANCE OF 6.70' TO A POINT;
THENCE
(12) N 7°22'55" W FOR A DISTANCE OF 78.48' TO AN IRON PIPE
FOUND; THENCE
(13) S 76°24'27" W FOR A DISTANCE OF 46.07' TO A POINT;
THENCE
(14) N 13°36'19" W FOR A DISTANCE OF 35.10' TO AN IRON PIPE
FOUND; THENCE
(15) N 76°12'08" E FOR A DISTANCE OF 49.86' TO AN IRON PIPE
FOUND; THENCE
(16) N 7°25'05" W FOR A DISTANCE OF 258.86' TO AN IRON PIPE
FOUND; THENCE
(17) S 83°23'26" W FOR A DISTANCE OF 257.59' TO A POINT;
THENCE ALONG THE LANDS OF N/F BALDEU RAJ SHARMATRUST, THE
EAST LIMIT OF EAST PINE STREET AND N/F RICHARD C. BIRCH SR. N
1°54'54" W FOR A DISTANCE OF 250.32' TO A CONCRETE MONUMENT
FOUND ON THE SOUTH LINE OF EAST GORDON STREET; THENCE ALONG THE
SOUTH LINE OF EAST GORDON STREET N 82°02'47" E FOR A DISTANCE OF
319.05' TO AN IRON PIPE FOUND AT THE SOUTHEAST CORNER OF EAST
GORDON NORTH OSWEGO STREETS; THENCE ALONG THE EAST LINE OF NORTH
OSWEGO STREET N 6°39'00" W FOR A DISTANCE OF 8.01' TO A POINT;
THENCE ALONG THE LANDS OF KELLY BROOKHART AND MARK MACNEMARA N
81°51'17" E FOR A DISTANCE OF 229.30' TO A CONCRETE MONUMENT
FOUND; THENCE ALONG THE LANDS OF N/F TINA RIVERA, N/F KARL &
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RUTH SCHUSTER, N/F DEE ANN DIAZ, N/F TIMOTHY KOPPENHAVER, N/F
DAVID & RUTH KOPPENHAVER, N/F EUGENE & CONSTANCE FRITZ, N/F
MIRIAM ESTRELLA, N/F DAVID & HELEN GALBRAITH, N/F GARY & KAY
MATSCO, N/F CHARLES & JACQUELINE SCHERER, N/F SHARON PETERS, N/F
JEREMY INGLE, AND THE EAST LIMIT OF EAST CLAIR STREET N 8°17'43"
W FOR A DISTANCE OF 733.25' TO A POINT, THENCE ALONG THE EAST
LINE OF 1514 INC. N 34°22'50" W FOR A DISTANCE OF 152.66' TO THE
PLACE OF BEGINNING.
CONTAINING 165.846-ACRES.
BEING SHOWN AS LOT #1 ON THE FINAL MINOR SUBDIVISION PLAN OF
THE ALLENTOWN STATE HOSPITAL PREPARED BY THE CITY OF ALLENTOWN
DEPARTMENT OF PUBLIC WORKS, DRAWING #06-005, DATED JULY 20,
2007, LAST REVISED MARCH 25, 2009.
LOT #2
ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE CITY
OF ALLENTOWN, LEHIGH COUNTY, BOUNDED AND DESCRIBED AS FOLLOWS,
TO WIT:
BEGINNING AT AN IRON PIN SET ON THE SOUTH LINE OF EAST ALLEN
STREET, SAID POINT BEING LOCATED NORTH 81° 23' 17" EAST FOR A
DISTANCE OF 678.83 FEET FROM THE SOUTHWEST CORNER OF NORTH
QUEBEC STREET AND THE SAID POINT OF BEGINNING BEING THE
NORTHWEST CORNER OF THIS DESCRIBED PARCEL; THENCE FROM THE PLACE
OF BEGINNING ALONG THE SOUTH LINE OF EAST ALLEN STREET AND THE
SOUTH LINE OF OIL PROCESS SYSTEMS NORTH 81° 23' 17" EAST FOR A
DISTANCE OF 531.03 FEET TO A CONCRETE MONUMENT FOUND; THENCE
ALONG THE LANDS OF BRUCE LOCH AND JAMES BURKOS THE FOLLOWING
NINE (9) COURSES AND DISTANCES;
(1) SOUTH 43° 13' 28" EAST - 11.42 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(2) SOUTH 80° 16' 15" WEST - 54.97 FEET TO AN IRON PIN
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FOUND; THENCE
(3) SOUTH 7° 57' 07" WEST - 61.34 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(4) SOUTH 61° 19' 56" EAST - 163.09 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(5) NORTH 68° 57' 39" EAST - 177.92 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(6) NORTH 58° 25' 17" EAST - 238.88 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(7) NORTH 23° 18' 43" WEST - 36.00 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(8) NORTH 82° 58' 20" EAST - 987.96 FEET TO A CONCRETE
MONUMENT FOUND; THENCE
(9) NORTH 82° 59' 59" EAST - 1.43 FEET TO A POINT; THENCE
ALONG LOT #1, THE RESIDUE LANDS OF THE COMMONWEALTH OF
PENNSYLVANIA THE FOLLOWING EIGHT (8) COURSES AND DISTANCES;
(1) SOUTH 6° 55' 39" EAST - 413.29 FEET TO A IRON PIN SET;
THENCE
(2) SOUTH 76° 19' 04" WEST - 378.08 FEET TO A IRON PIN SET;
THENCE
(3) SOUTH 72° 56' 55" WEST - 285.07 FEET TO A IRON PIN SET;
THENCE
(4) SOUTH 43° 48' 06" WEST - 727.05 FEET TO A IRON PIN;
THENCE
(5) SOUTH 54° 56' 04" WEST - 603.06 FEET TO A IRON PIN;
THENCE
(6) NORTH 34° 49' 40" WEST - 160.00 FEET TO A IRON PIN SET;
THENCE
(7) NORTH 55° 10' 20" EAST - 243.03 FEET TO A IRON PIN SET;
THENCE
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(8) NORTH 27° 11' 30" WEST - 1032.47 FEET TO THE PLACE OF
BEGINNING.
CONTAINING 29.321-ACRES.
BEING SHOWN AS LOT #2 ON THE FINAL MINOR SUBDIVISION PLAN OF
THE ALLENTOWN STATE HOSPITAL PREPARED BY THE CITY OF ALLENTOWN
DEPARTMENT OF PUBLIC WORKS, DRAWING #06-005, DATED JULY 20,
2007, LAST REVISED MARCH 25, 2009.
(C) REQUIREMENT FOR CONVEYANCE.--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) GAMING RESTRICTION.--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) COVENANTS, CONDITIONS AND RESTRICTIONS.--THE SECRETARY
OF GENERAL SERVICES MAY IMPOSE ANY COVENANTS, CONDITIONS,
RESTRICTIONS AND RESERVATIONS ON THE SALE OF THE PROPERTY AS IS
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DEEMED IN THE BEST INTERESTS OF THE COMMONWEALTH OF
PENNSYLVANIA.
(F) EASEMENTS.--THE SECRETARY OF GENERAL SERVICES MAY GRANT
OR RETAIN ANY EASEMENTS NECESSARY TO EFFECTUATE THIS SECTION.
(G) 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.
(H) COSTS AND FEES.--ALL COSTS AND FEES INCURRED BY THE
DEPARTMENT OF GENERAL SERVICES SHALL BE BORNE BY THE GRANTEE.
(I) ALTERNATE DISPOSITION.--IN THE EVENT THAT THE CONVEYANCE
AUTHORIZED UNDER SUBSECTION (A) IS NOT COMPLETED WITHIN TWO
YEARS OF THE EFFECTIVE DATE OF THIS SUBSECTION, THE AUTHORITY TO
CONVEY THE PROPERTY UNDER THIS SECTION SHALL EXPIRE AND 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.
(J) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 5. CONVEYANCE IN BENNER TOWNSHIP, CENTRE 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 THE
FOLLOWING TRACT OF LAND TOGETHER WITH ANY IMPROVEMENTS THEREON,
BEING A PORTION OF THE LANDS OF SCI-ROCKVIEW, SITUATE IN BENNER
TOWNSHIP, CENTRE COUNTY, TO THE CENTRE COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION FOR $1,560,000, UNDER TERMS AND
CONDITIONS TO BE ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF THE FOLLOWING:
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ALL THAT CERTAIN PART OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE TOWNSHIP OF BENNER, COUNTY OF CENTRE, AND
COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY PROVIDED AND SHOWN
ON THAT CERTAIN PLAN ENTITLED, "FOUR LOT SUBDIVISION OF LANDS OF
THE COMMONWEALTH OF PENNSYLVANIA FOR THE CENTRE COUNTY
CORRECTIONAL FACILITY," PREPARED BY SWEETLAND ENGINEERING &
ASSOCIATES, INC., AND DATED FEBRUARY 8, 2003, TO WIT:
BEGINNING AT A POINT WHICH IS LOCATED IN THE RIGHT OF WAY OF
STATE ROUTE 150, BENNER PIKE, AND A POINT COMMON WITH LANDS NOW
OR FORMERLY OF THE CENTRE COUNTY CORRECTIONAL FACILITY; THENCE
ALONG STATE ROUTE 150, BENNER PIKE, A 150 FOOT WIDE RIGHT OF
WAY, THE FOLLOWING TWO COURSES AND DISTANCES: 1) ALONG A CURVE
TO THE LEFT, HAVING A RADIUS 6965.55 FEET, A CENTRAL ANGLE OF 1°
31' 44", A CHORD BEARING AND DISTANCE OF NORTH 14° 22' 02" WEST,
185.86 FEET, AND AN ARCH LENGTH OF 185.86 FEET; AND 2) NORTH 15°
07' 54" WEST, 348.86 FEET TO A POINT, BEING THE NORTHWESTERLY
MOST CORNER OF THE WITHIN LOT, WHICH IS COMMON WITH LANDS NOW OR
FORMERLY OF GM MCCROSSIN, INC. (DEED BOOK 350, PAGE 919); THENCE
ALONG LANDS NOW OR FORMERLY OF GM MCCROSSIN, INC., NORTH 46° 49'
50" EAST, 589.45 FEET TO A POINT, BEING THE NORTHEASTERLY MOST
CORNER OF THE WITHIN LOT AND A COMMON CORNER WITH LANDS NOW OR
FORMERLY OF GM MCCROSSIN, INC. AND NOW OR FORMERLY OF GERALD E.
ROGERS, ET. UX. (DEED BOOK 753, PAGE 884); THENCE ALONG LANDS
NOW OR FORMERLY OF GERALD E. ROGERS, ET. UX., SOUTH 47° 10' 10"
EAST, 1,006.15 FEET TO A POINT, BEING THE SOUTHEASTERLY MOST
CORNER OF THE WITHIN LOT AND A COMMON CORNER WITH LANDS NOW OR
FORMERLY OF GERALD E. ROGERS ET. UX. AND LASTS NOW OR FORMERLY
OF CENTRE COUNTY GOVERNMENT, SPECIFICALLY THE CENTRE COUNTY
CORRECTIONAL FACILITY; THENCE ALONG LANDS NOW OR FORMERLY OF THE
CENTRE COUNTY CORRECTIONAL FACILITY AND LOT 1 OF THE HEREINAFTER
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IDENTIFIED SUBDIVISION, SOUTH 77° 05' 54" WEST, 1,057.29 FEET TO
A POINT AND PLACE OF BEGINNING, BEING THE SOUTHWESTERLY MOST
CORNER OF THE WITHIN LOT AND A POINT IN COMMON WITH THE LINE OF
STATE ROUTE 150, BENNER PIKE.
CONTAINING 13.26-ACRES.
BEING IDENTIFIED AS LOT NO. 2 ON A PLAN ENTITLED, "4 LOT
SUBDIVISION OF LANDS OF THE COMMONWEALTH OF PENNSYLVANIA FOR THE
CENTRE COUNTY CORRECTIONAL FACILITY," PREPARED BY SWEETLAND
ENGINEERING & ASSOCIATES, INC., AND DATED FEBRUARY 8, 2003, LAST
REVISED MARCH 31, 2003, RECORDED JUNE 5, 2003, IN CENTRE COUNTY
PLAT BOOK VOLUME 68, PAGES 126-127.
BEING A PORTION OF THE SAME PREMISES WHICH BECAME VESTED IN
THE COMMONWEALTH OF PENNSYLVANIA BY DEED OF S. H. HOY, ET. UX.,
DATED DECEMBER 2, 1929, AND RECORDED IN CENTRE COUNTY DEED BOOK
142, PAGE 39.
ALSO BEING CENTRE COUNTY TAX PARCEL IDENTIFIER NUMBER 12-03-
213.
(C) EXISTING ENCUMBRANCES.--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) GAMING RESTRICTION.--THE 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
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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) EASEMENTS.--THE DEPARTMENT OF GENERAL SERVICES MAY
RESERVE ANY EASEMENTS IN, OVER AND ACROSS THE LANDS TO BE
CONVEYED AS IT DEEMS NECESSARY, CONVENIENT OR APPROPRIATE FOR
THE CONTINUED OPERATION OF SCI-ROCKVIEW AND/OR SCI-BENNER.
(F) DEED.--THE CONVEYANCE SHALL BE MADE BY SPECIAL WARRANTY
DEED TO BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE
NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(G) ALTERNATE DISPOSITION.--IN THE EVENT THAT THE CONVEYANCE
AUTHORIZED UNDER SUBSECTION (A) IS NOT COMPLETED WITHIN TWO
YEARS OF THE EFFECTIVE DATE OF THIS SUBSECTION, THE AUTHORITY TO
CONVEY THE PROPERTY AS SET FORTH IN THIS SECTION SHALL EXPIRE
AND 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.
(H) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 6. CONVEYANCE IN WINDSOR TOWNSHIP, BERKS 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 BERKS
COUNTY INTERMEDIATE UNIT, THE FOLLOWING TRACT OF LAND TOGETHER
WITH ANY BUILDINGS, STRUCTURES AND IMPROVEMENTS THEREON, SITUATE
IN WINDSOR TOWNSHIP, BERKS COUNTY, BEING A PORTION OF THE FORMER
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HAMBURG CENTER, FOR $25,000, UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF A TRACT OF LAND TOTALING
APPROXIMATELY 5.80 ACRES, INCLUDING ALL BUILDINGS, STRUCTURES
AND IMPROVEMENTS LOCATED THEREON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN WINDSOR
TOWNSHIP, COUNTY OF BERKS, COMMONWEALTH OF PENNSYLVANIA, SHOWN
AS LOT 4 ON A FINAL SUBDIVISION PLAN FOR COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, PREPARED BY
NAVTECH, INC., DATED FEBRUARY 8, 2019, LAST REVISED APRIL 16,
2021, AND RECORDED OCTOBER 28, 2021, IN BERKS COUNTY RECORDER OF
DEEDS OFFICE, AS INSTRUMENT NUMBER 2021053915, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN ON THE LEGAL RIGHT-OF-WAY LINE OF
S.R. 4028 (OLD 22); THENCE ALONG THE LANDS NOW OR FORMERLY OF
SALVATORE FIORE NORTH 32°43'00" WEST A DISTANCE OF 402.66 FEET
TO AN IRON PIPE; THENCE ALONG THE SAME NORTH 30°40'06" WEST A
DISTANCE OF 63.14 FEET TO AN IRON PIN; THENCE ALONG RESIDUAL LOT
1 OF THE FINAL SUBDIVISION PLAN FOR THE LANDS OF COMMONWEALTH OF
PA DEPT. OF GENERAL SERVICES RECORDED OCTOBER 28, 2021 IN THE
BERKS COUNTY, PENNSYLVANIA RECORDER OF DEEDS OFFICE AS
INSTRUMENT NO. 2021053915 NORTH 67°24'11" EAST A DISTANCE OF
396.02 FEET TO AN IRON PIN; THENCE ALONG THE SAME NORTH
58°07'13" EAST A DISTANCE OF 233.22 FEET (ERRONEOUSLY DESCRIBED
AS 342.45 FEET ON PLAN) TO AN IRON PIN; THENCE ALONG LOT 3 OF
THE ABOVE MENTIONED SUBDIVISION PLAN SOUTH 36°17'19" EAST A
DISTANCE OF 353.05 FEET TO AN IRON PIN ON THE LEGAL RIGHT-OF-WAY
LINE OF S.R. 4028 (OLD 22); THENCE FOLLOWING THE LEGAL RIGHT-OF-
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WAY LINE OF S.R. 4028 (OLD 22) SOUTH 53°42'42" WEST A DISTANCE
OF 648.56 FEET TO AN IRON PIN, THE PLACE OF BEGINNING.
CONTAINING: 252,671.88 SQUARE FEET OR 5.80 ACRES TOGETHER
WITH A 50' RIGHT-OF-WAY THROUGH LOT 3, AS SHOWN ON A FINAL
SUBDIVISION PLAN FOR COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF
GENERAL SERVICES, PREPARED BY NAVTECH, INC., DATED FEBRUARY 8,
2019, LAST REVISED APRIL 16, 2021, AND RECORDED OCTOBER 28,
2021, IN BERKS COUNTY RECORDER OF DEEDS OFFICE, AS INSTRUMENT
NUMBER 2021053915, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A CONCRETE MONUMENT SET ON THE RIGHT-OF-WAY LINE
OF S.R. 4028 (OLD 22); THENCE ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 10.00 FEET, AN ARC LENGTH OF 13.14 FEET AND A CHORD
BEARING OF NORTH 16°03'56" EAST A DISTANCE OF 12.22 FEET TO A
POINT; THENCE NORTH 21°34'50" WEST A DISTANCE OF 8.98 FEET TO
THE BEGINNING OF SAID 50' RIGHT-OF-WAY; THENCE ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 10.00 FEET, AN ARC LENGTH OF 18.21
FEET AND A CHORD BEARING OF NORTH 73°44'36" WEST A DISTANCE OF
15.80 FEET TO A POINT; THENCE SOUTH 54°05'37" WEST A DISTANCE OF
172.26 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 17.85 FEET AND A CHORD
BEARING OF SOUTH 64°19'19" WEST A DISTANCE OF 17.76 FEET TO A
POINT; THENCE SOUTH 74°33'01" WEST A DISTANCE OF 100.13 FEET TO
A POINT ON THE DIVIDING LINE OF LOT 3 AND LOT 4; THENCE NORTH
36°17'18" WEST A DISTANCE OF 53.50 FEET TO A POINT; THENCE NORTH
74°33'01" EAST A DISTANCE OF 119.16 FEET TO A POINT; THENCE
NORTH 54°05'37" EAST A DISTANCE OF 191.52 FEET TO A POINT;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 10.00 FEET,
AN ARC LENGTH OF 12.45 FEET AND A CHORD BEARING OF NORTH
18°25'43" EAST A DISTANCE OF 11.66 FEET TO A POINT; THENCE ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 455.00 FEET, AN ARC
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LENGTH OF 34.50 FEET AND A CHORD BEARING OF SOUTH 19°24'30" EAST
A DISTANCE OF 34.49 FEET TO A POINT; THENCE SOUTH 21°34'50" EAST
A DISTANCE OF 37.36 FEET TO A POINT; THE PLACE OF BEGINNING.
EXCEPTING AND RESERVING A 50' RIGHT-OF-WAY THROUGH LOT 4 TO
PROVIDE ACCESS FOR LOT 3, RESIDUAL LOT 1, AND LOT 4, AS SHOWN ON
A FINAL SUBDIVISION PLAN FOR COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF GENERAL SERVICES, PREPARED BY NAVTECH, INC., DATED
FEBRUARY 8, 2019, LAST REVISED APRIL 16, 2021, AND RECORDED
OCTOBER 28, 2021, IN BERKS COUNTY RECORDER OF DEEDS OFFICE, AS
INSTRUMENT NUMBER 2021053915, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE SOUTHWEST CORNER OF LOT 4;
THENCE NORTH 32°43'00" WEST A DISTANCE OF 227.78 FEET TO THE
BEGINNING OF SAID 50' RIGHT-OF-WAY; THENCE NORTH 32°43'00" WEST
A DISTANCE OF 85.68 FEET TO A POINT; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 10.00 FEET, AN ARC LENGTH OF 12.28 FEET
AND A CHORD BEARING OF SOUTH 67°53'49" EAST A DISTANCE OF 11.52
FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 75.00 FEET, AN ARC LENGTH OF 29.46 FEET AND A CHORD
BEARING OF NORTH 88°10'31" EAST A DISTANCE OF 29.27 FEET TO A
POINT; THENCE SOUTH 80°34'21" EAST A DISTANCE OF 195.27 FEET TO
A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
25.00 FEET, AN ARC LENGTH OF 19.89 FEET AND A CHORD BEARING OF
NORTH 76°38'14" EAST A DISTANCE OF 19.37 FEET TO A POINT; THENCE
NORTH 53°50'50" EAST A DISTANCE OF 389.07 FEET TO A POINT;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 75.00 FEET,
AN ARC LENGTH OF 27.10 FEET AND A CHORD BEARING OF NORTH
64°11'56" EAST A DISTANCE OF 26.95 FEET TO A POINT; THENCE NORTH
74°33'01" EAST A DISTANCE OF 31.15 FEET TO A POINT ON THE
BOUNDARY LINE OF LOT 4 AND 3; THENCE SOUTH 36°17'18" EAST A
DISTANCE OF 53.50 FEET TO A POINT; THENCE SOUTH 74°33'01" WEST A
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DISTANCE OF 50.18 FEET TO A POINT; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 9.03 FEET
AND A CHORD BEARING OF SOUTH 64°11'56" WEST A DISTANCE OF 8.98
FEET TO A POINT; THENCE SOUTH 53°50'50" WEST A DISTANCE OF
389.07 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 59.66 FEET AND A CHORD
BEARING OF SOUTH 76°38'14" WEST A DISTANCE OF 58.10 FEET TO A
POINT; THENCE NORTH 80°34'21" WEST A DISTANCE OF 170.32 FEET TO
A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
10.00 FEET, AN ARC LENGTH OF 23.06 FEET AND A CHORD BEARING OF
SOUTH 33°21'19" WEST A DISTANCE OF 18.28 FEET TO A POINT, THE
PLACE OF BEGINNING.
BEING PART OF PIN 449514431213.
BEING PART OF THE SAME PREMISES THAT SARAH STINE, ET AL,
CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA, BY DEED DATE JULY
1, 1910, AND RECORDED JULY 2, 1910, IN THE OFFICE OF THE
RECORDER OF DEEDS OF BERKS COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 363, PAGE 425.
(C) EXISTING ENCUMBRANCES.--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.--
(1) 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
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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 AND 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.
(2) ANY CONVEYANCE AUTHORIZED UNDER THIS SECTION SHALL
BE MADE UNDER AND SUBJECT TO THE CONDITION THAT THE GRANTEE,
ITS SUCCESSORS AND ASSIGNS SHALL UTILIZE THE PROPERTY SOLELY
FOR THE OPERATION OF AN EDUCATION CENTER AND FOR NO OTHER
PURPOSE. SHOULD THE GRANTEE, ITS SUCCESSORS OR ASSIGNS
UTILIZE THE PROPERTY FOR ANY OTHER PURPOSE, THE GRANTEE, BY
ITS ACCEPTANCE OF THIS DEED, ON BEHALF OF ITSELF AND ITS
SUCCESSORS AND ASSIGNS, AGREES TO PAY $207,000 TO THE GRANTOR
WITHIN 90 DAYS AFTER THE CHANGE IN USE. SHOULD THE GRANTEE
FAIL TO PAY SUCH SUM WITHIN SUCH TIME FRAME, THE PROPERTY
SHALL, AT THE GRANTOR'S ELECTION, REVERT AND REVEST IN THE
GRANTOR. THIS PROVISION IS INTENDED TO CREATE A FEE SIMPLE
SUBJECT TO A CONDITION SUBSEQUENT. THIS CONDITION SHALL
TERMINATE ON THE 10TH ANNIVERSARY OF THE DATE OF THIS DEED
AND THEREAFTER BE OF NO FURTHER FORCE OR EFFECT.
(E) DEED.--THE CONVEYANCE SHALL BE MADE BY SPECIAL WARRANTY
DEED TO 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) ALTERNATE DISPOSITION.--IF THE CONVEYANCE IS NOT
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EFFECTUATED WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION, 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.
(H) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 7. REPEALS.
REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE SECTION 4.
(2) THE ACT OF JULY 2, 2019 (P.L.428, NO.71), ENTITLED
"AN ACT AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
CONVEY CERTAIN LANDS AND IMPROVEMENTS SITUATE IN THE CITY OF
ALLENTOWN AND THE CITY OF BETHLEHEM, LEHIGH COUNTY, THROUGH A
COMPETITIVE SOLICITATION PROCESS; AND MAKING A RELATED
REPEAL," IS REPEALED.
SECTION 8. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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