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SENATE AMENDED
PRIOR PRINTER'S NO. 2366
PRINTER'S NO. 3138
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2051
Session of
2021
INTRODUCED BY KAUFER AND MILLARD, NOVEMBER 8, 2021
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 24, 2022
AN ACT
Authorizing the Department of General Services, with the
approval of the Department of Military and Veterans Affairs
and the Governor, to grant and convey to the Borough of West
Pittston certain lands, buildings and improvements situate in
the Borough of West Pittston, Luzerne County; and making a
related repeal. AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO QUITCLAIM AND
RELEASE TO THE WAYMART AREA HISTORICAL SOCIETY ANY RIGHT,
TITLE OR INTEREST IT MAY HAVE WITH RESPECT TO CERTAIN
HISTORICAL USE RESTRICTIONS AND A RELATED REVERSIONARY
INTEREST AFFECTING CERTAIN REAL PROPERTY SITUATE IN THE
TOWNSHIP OF CANAAN, WAYNE COUNTY; AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES, WITH THE APPROVAL OF THE PENNSYLVANIA
HISTORICAL AND MUSEUM COMMISSION AND THE GOVERNOR, TO GRANT
AND CONVEY TO THE GRIST AT MATHER MILL, LTD., CERTAIN LANDS,
BUILDINGS AND IMPROVEMENTS SITUATE IN WHITEMARSH TOWNSHIP,
MONTGOMERY COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO ISSUE A
CORRECTIVE DEED TO THE POTTER COUNTY HOUSING AUTHORITY, AND
TO QUITCLAIM AND RELEASE TO THE POTTER COUNTY HOUSING
AUTHORITY ANY RIGHT, TITLE OR INTEREST IT MAY HAVE WITH
RESPECT TO A CERTAIN USE RESTRICTION AND A RELATED
REVERSIONARY INTEREST IN EACH CASE RELATED TO CERTAIN REAL
PROPERTY SITUATE IN THE BOROUGH OF COUDERSPORT, POTTER
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY CERTAIN
LANDS, BUILDINGS AND IMPROVEMENTS SITUATE IN THE CITY OF
PITTSBURGH, ALLEGHENY COUNTY, THROUGH A COMPETITIVE
SOLICITATION FOR PROPOSALS PROCESS; AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
DEPARTMENT OF CORRECTIONS AND THE GOVERNOR, TO LEASE TO THE
COUNTY OF WAYNE A PORTION OF THE LANDS OF THE COMMONWEALTH OF
PENNSYLVANIA AT THE STATE CORRECTIONAL INSTITUTION - WAYMART,
SITUATE IN THE TOWNSHIP OF CANAAN AND BOROUGH OF WAYMART,
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WAYNE COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
WITH THE APPROVAL OF THE PENNSYLVANIA STATE POLICE AND THE
GOVERNOR, TO GRANT AND CONVEY TO ROBERT SWINGLE CERTAIN LANDS
AND IMPROVEMENTS SITUATE IN THE TOWNSHIP OF RICHMOND, TIOGA
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS AND THE GOVERNOR, TO GRANT AND CONVEY, AT A PRICE TO
BE DETERMINED THROUGH A COMPETITIVE BID PROCESS, CERTAIN
LANDS, BUILDINGS AND IMPROVEMENTS SITUATE IN CORAOPOLIS
BOROUGH, ALLEGHENY COUNTY; AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
AND CONVEY TO THE BOROUGH OF WYOMING CERTAIN LANDS, BUILDINGS
AND IMPROVEMENTS SITUATE IN THE BOROUGH OF WYOMING, LUZERNE
COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE STATE FIRE COMMISSIONER AND THE GOVERNOR,
TO RELOCATE A PERMANENT EASEMENT PREVIOUSLY GRANTED TO
MIFFLIN COUNTY FROM CERTAIN LANDS OF THE COMMONWEALTH OF
PENNSYLVANIA AT THE STATE FIRE ACADEMY SITUATE IN THE BOROUGH
OF LEWISTOWN, MIFFLIN COUNTY, FOR THE BENEFIT OF THE GENERAL
PUBLIC; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO HARRY E.
FREY, JR. AND JEFFREY L. FREY, A PERMANENT EASEMENT OVER
CERTAIN LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AT MUNCY
STATE CORRECTIONAL INSTITUTION SITUATE IN CLINTON TOWNSHIP,
LYCOMING COUNTY, FOR THE PURPOSE OF INGRESS AND EGRESS TO
LANDS WHICH HARRY E. FREY, JR. AND JEFFREY L. FREY PROPOSE TO
ACQUIRE FROM HAROLD JAMES CARPENTER AND CARLENE M. CARPENTER;
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY CERTAIN LANDS
AND IMPROVEMENTS SITUATE IN THE TOWNSHIP OF BRENNER, COUNTY
OF CENTRE, TO THE CENTRE COUNTY INDUSTRIAL DEVELOPMENT
CORPORATION; AND MAKING RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in the Borough of West Pittston, Luzerne
County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Military and Veterans Affairs
and the Governor, is hereby authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey, to the Borough
of West Pittston, the following tract of land together with any
buildings, structures or improvements thereon, situate in the
Borough of West Pittston, Luzerne County for $35,000, under
terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under
section 1 SUBSECTION (A) consists of a tract of land totaling
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approximately 3.33-acres 3.33 ACRES, including all buildings,
structures and improvements located thereon, more particularly
described as follows:
ALL THAT CERTAIN piece or parcel of land situate in the
Borough of West Pittston, County of Luzerne, and Commonwealth of
Pennsylvania, bounded and described as follows:
BEGINNING at a corner on the southeasterly side of Second
Street, said corner being 200.00 feet south 58 degrees 00
minutes west from the southwesterly intersection of Second and
Atlantic Streets; thence south 32 degrees 00 minutes east,
406.00 feet, more or less, to the westerly line of Susquehanna
Avenue to an iron pipe; thence along the westerly line of
Susquehanna Avenue south 70 degrees 07 minutes west 409.12 feet
to a corner; thence north 32 degrees 00 minutes west, 320.13
feet, more or less, to the southerly line of Second Street;
thence along the southerly line of Second Street, north 58
degrees 00 minutes east, 400.00 feet, to the point of beginning.
Containing: 3.33 acres of land, more or less.
BEING Tax Parcel No. 65-E11NE4-013-006-0.
BEING the same parcel of land conveyed by the Borough of West
Pittston to the Commonwealth of Pennsylvania, by deed dated
September 17, 1955 and recorded September 27, 1955, in the
Office of the Recorder of Deeds of Luzerne County, Pennsylvania,
in Deed Book Volume 1289, Page 291.
(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
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vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Conditions.--The conveyance authorized under this act
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 act 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 conveyance shall be 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
effectuated within 18 months after the effective date of this
act 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.
(h) Proceeds.--The proceeds from the sale shall be deposited
in INTO the State Treasury Armory Fund.
SECTION 2. AUTHORIZATION FOR QUITCLAIM AND RELEASE IN THE
TOWNSHIP OF CANAAN, WAYNE COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
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THE COMMONWEALTH OF PENNSYLVANIA TO QUITCLAIM AND RELEASE TO THE
WAYMART AREA HISTORICAL SOCIETY ANY RIGHT, TITLE OR INTEREST IT
MAY HAVE WITH RESPECT TO THE "DECLARATION OF COVENANT,"
CONTAINING HISTORICAL USE RESTRICTIONS AND A RELATED
REVERSIONARY INTEREST AS REQUIRED BY SECTION 1(E) OF THE ACT OF
SEPTEMBER 18, 2009 (P.L.4, NO.43), ENTITLED "AN ACT AUTHORIZING
THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO GRANT AND CONVEY TO THE WAYMART AREA HISTORICAL
SOCIETY, OR ITS ASSIGNS, CERTAIN LAND, BUILDINGS AND
IMPROVEMENTS SITUATE IN THE TOWNSHIP OF CANAAN, WAYNE COUNTY;
AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY
TO ALTOONA REGIONAL HEALTH SYSTEM CERTAIN LANDS SITUATE IN THE
CITY OF ALTOONA, BLAIR COUNTY," SET FORTH IN THAT CERTAIN DEED
FROM THE COMMONWEALTH OF PENNSYLVANIA TO THE WAYMART AREA
HISTORICAL SOCIETY, DATED FEBRUARY 5, 2010, AND RECORDED AT THE
OFFICE OF THE RECORDER OF DEEDS OF WAYNE COUNTY AT RECORD BOOK
5502, PAGE 0239, TO ENABLE THE WAYMART AREA HISTORICAL SOCIETY
TO CONVEY SUCH PROPERTY FREE OF SUCH DECLARATION OF COVENANT.
SUCH QUITCLAIM AND RELEASE SHALL BE MADE ON SUCH TERMS,
CONDITIONS AND FOR SUCH CONSIDERATION AS IS ACCEPTABLE TO THE
SECRETARY OF GENERAL SERVICES.
(B) PROPERTY DESCRIPTION.--THE DECLARATION OF COVENANT
REFERENCED IN SUBSECTION (A) AFFECTS THE FOLLOWING:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, TOGETHER WITH
IMPROVEMENTS THEREON, SITUATE IN THE TOWNSHIP OF CANAAN, COUNTY
OF WAYNE AND COMMONWEALTH OF PENNSYLVANIA, BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OR CORNER, LOCATED IN THE CENTER OF THE
RIGHT OF WAY OF ROUTE 6/STATE ROUTE 0006, AT THE INTERSECTION,
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WITH A CERTAIN ENTRANCE/EXIT ROADWAY, LEADING SOUTH, INTO AND
THROUGH, LANDS OF THE COMMONWEALTH OF PENNSYLVANIA (D.B. 97, P.
988- THE FIRST (PARCEL) THEREOF:); THENCE, ALONG THE CENTER OF
THE RIGHT OF WAY OF THE AFORESAID ROUTE 6/STATE ROUTE 0006, THE
FOLLOWING TWO, CURVILINEAR AND/OR CHORD, COURSES AND DISTANCES:
ALONG THE ARC OF A CURVE TO THE RIGHT, IN A NORTHWESTERLY
DIRECTION, HAVING A CENTRAL ANGLE OF 11 DEGREES 35 MINUTES 51
SECONDS, WITH A RADIUS OF 1432.69 FEET, A DISTANCE OR ARC LENGTH
OF 290.00 FEET TO A POINT OR CORNER AND NORTH 61 DEGREES 29
MINUTES 09 SECONDS WEST 85.01 FEET TO A POINT OR CORNER; THENCE,
DEPARTING FROM SAID PUBLIC HIGHWAY AND THROUGH LANDS FORMERLY OF
THE COMMONWEALTH OF PENNSYLVANIA (D.B. 97, P. 98- THE FIRST
(PARCEL) THEREOF:); THE FOLLOWING FOUR COURSES AND DISTANCES:
NORTH 27 DEGREES 36 MINUTES 54 SECONDS EAST 403.77 FEET TO AN
IRON PIN CORNER SET; LOCATED SOUTHWESTERLY OF A CERTAIN PRIVATE
ROADWAY; THENCE, SOUTH 62 DEGREES 23 MINUTES 06 SECONDS EAST
100.00 FEET TO AN IRON PIN CORNER SET, LOCATED SOUTHWESTERLY OF
THE AFORESAID PRIVATE ROADWAY; THENCE, SOUTH 24 DEGREES 43
MINUTES 05 SECONDS EAST 344.28 FEET TO AN IRON PIN CORNER SET,
LOCATED SOUTHWESTERLY OF THE AFORESAID PRIVATE ROADWAY AND;
THENCE, SOUTH 27 DEGREES 18 MINUTES 14 SECONDS WEST (CROSSING A
CERTAIN PRIVATE DRIVEWAY, AT 40 FEET (MORE OR LESS), WHICH
EXTENDS NORTHWESTERLY FROM ITS INTERSECTION WITH THE AFORESAID
PRIVATE ROADWAY REFERENCED HEREIN) 170.00 FEET TO THE PLACE OF
BEGINNING.
CONTAINING 2.76 ACRES, MORE OR LESS.
BEING TAX PARCEL NO. 04-0-0251-0085.0007.
(C) LEGAL INSTRUMENTS.--THE QUITCLAIM DEED AND ANY OTHER
LEGAL INSTRUMENTS NECESSARY TO EFFECTUATE THE QUITCLAIM AND
RELEASE OF ANY RIGHT, TITLE OR INTEREST THE COMMONWEALTH OF
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PENNSYLVANIA MAY HAVE WITH RESPECT TO THE DECLARATION OF
COVENANT REFERENCED IN SUBSECTION (A) SHALL BE EXECUTED BY THE
SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
PENNSYLVANIA.
(D) COSTS AND FEES.--ANY COSTS AND FEES INCIDENTAL TO THE
RELEASE HEREBY AUTHORIZED SHALL BE BORNE BY THE WAYMART AREA
HISTORICAL SOCIETY.
(E) PROCEEDS.--MONEY RECEIVED BY THE DEPARTMENT OF GENERAL
SERVICES FOR THE QUITCLAIM AND RELEASE HEREBY AUTHORIZED SHALL
BE DEPOSITED INTO THE GENERAL FUND.
SECTION 3. CONVEYANCE IN WHITEMARSH TOWNSHIP, MONTGOMERY
COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE PENNSYLVANIA HISTORICAL AND MUSEUM
COMMISSION AND THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
GRIST AT MATHER MILL, LTD., THE FOLLOWING TRACT OF LAND TOGETHER
WITH ANY BUILDINGS, STRUCTURES AND IMPROVEMENTS THEREON, KNOWN
AS THE HISTORIC MATHER MILL, SITUATE IN WHITEMARSH TOWNSHIP,
MONTGOMERY COUNTY, FOR $1, UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
PURSUANT TO SUBSECTION (A) CONSISTS OF A TRACT OF LAND TOTALING
APPROXIMATELY 3.185 ACRES, INCLUDING ALL BUILDINGS, STRUCTURES
AND IMPROVEMENTS LOCATED THEREON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN
WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, AND COMMONWEALTH OF
PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT THE POINT FORMED BY THE INTERSECTION OF THE
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CENTER LINE OF MATHERS LANE (45 FEET WIDE) AND THE TITLE LINE IN
THE BED OF SKIPPACK PIKE (50 FEET WIDE); THENCE EXTENDING ALONG
THE TITLE LINE IN THE BED OF SKIPPACK PIKE NORTH 44 DEGREES 30
MINUTES WEST CROSSING THE WISSAHICKON CREEK 262.54 FEET TO A
POINT; THENCE EXTENDING NORTH 24 DEGREES 24 MINUTES EAST
RECROSSING SAID CREEK 270.27 FEET TO AN IRON PIN; THENCE
EXTENDING SOUTH 87 DEGREES 20 MINUTES EAST 325.56 FEET TO A
POINT IN THE BED OF SAID CREEK; THENCE EXTENDING ALONG LAND NOW
OR LATE OF EDWARD W. HELLER THE FOLLOWING FOUR (4) COURSES AND
DISTANCES: (1) THROUGH THE BED OF SAID CREEK SOUTH 17 DEGREES 08
MINUTES 30 SECONDS WEST 180.89 FEET TO A POINT; (2) THROUGH THE
BED OF SAID CREEK SOUTH 32 DEGREES 37 MINUTES WEST 20.63 FEET TO
A POINT; (3) PARTLY THROUGH THE BED OF SAID CREEK SOUTH 23
DEGREES 01 MINUTE EAST CROSSING THE SOUTHERLY BANK OF SAID CREEK
80.90 FEET TO A STAKE; AND (4) SOUTH 13 DEGREES 05 MINUTES 30
SECONDS EAST 112.78 FEET TO A POINT IN THE CENTER LINE OF
MATHERS LANE AFORESAID; THENCE EXTENDING ALONG THE CENTER LINE
OF MATHERS LANE SOUTH 79 DEGREES 55 MINUTES WEST 249.32 FEET TO
THE FIRST MENTIONED POINT AND PLACE OF BEGINNING.
CONTAINING 3.185-ACRES OF LAND, MORE OR LESS.
UNDER AND SUBJECT, NEVERTHELESS, TO CERTAIN UTILITY RIGHTS AS
RECORDED IN DEED BOOK 2600, PAGE 61, TOGETHER WITH CERTAIN WATER
RIGHTS RECORDED IN DEED BOOK 646, PAGE 89.
BEING TAX PARCEL NO. 65-00-10618-009.
BEING THE SAME PREMISES C. JARED INGERSOLL AND AGNES C.
INGERSOLL, HUSBAND AND WIFE, CONVEYED TO THE COMMONWEALTH OF
PENNSYLVANIA BY DEED DATED APRIL 12, 1966, AND RECORDED APRIL
13, 1966, IN MONTGOMERY COUNTY DEED BOOK 3422, PAGE 407.
(C) EXISTING ENCUMBRANCES.--THE CONVEYANCE SHALL BE MADE
UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS,
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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
THAT TERM IS 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) HISTORIC PRESERVATION COVENANTS.--THE CONVEYANCE SHALL
BE MADE UNDER AND SUBJECT TO HISTORIC PRESERVATION COVENANTS,
WHICH COVENANTS SHALL BE DETERMINED BY THE PENNSYLVANIA
HISTORICAL AND MUSEUM COMMISSION AND MAY INCLUDE A REVERSIONARY
INTEREST.
(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) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(H) SUNSET.--IF THE CONVEYANCE IS NOT EFFECTUATED WITHIN 18
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MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
UNDER THIS SECTION SHALL EXPIRE.
SECTION 4. AUTHORIZATION FOR CORRECTIVE DEED AND FOR QUITCLAIM
AND RELEASE IN BOROUGH OF COUDERSPORT, POTTER COUNTY.
(A) AUTHORIZATION FOR CORRECTIVE DEED.--THE DEPARTMENT OF
GENERAL SERVICES IS AUTHORIZED TO ISSUE A CORRECTIVE DEED TO THE
POTTER COUNTY HOUSING AUTHORITY TO CORRECT THE NAME OF THE
GRANTEE WITH RESPECT TO THAT CERTAIN PROPERTY PREVIOUSLY
CONVEYED BY THE COMMONWEALTH OF PENNSYLVANIA TO THE POTTER
COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, BY DEED DATED MARCH
7, 1996, AND RECORDED AT THE OFFICE OF THE RECORDER OF DEEDS OF
POTTER COUNTY AT RECORD BOOK 258, PAGE 641-644, PURSUANT TO
AUTHORITY PROVIDED BY THE ACT OF DECEMBER 7, 1994 (P.L.677,
NO.103), ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO CONVEY TO EAST PIKELAND TOWNSHIP A TRACT OF LAND
SITUATE IN EAST PIKELAND TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA;
AUTHORIZING THE CONVEYANCE OF A PERMANENT RIGHT-OF-WAY OVER
CERTAIN STATE LAND TO THE MIDDLETOWN FIRE COMPANY NO. 1,
DELAWARE COUNTY, PENNSYLVANIA; AUTHORIZING AND DIRECTING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR AND THE DEPARTMENT OF CORRECTIONS, TO CONVEY A TRACT OF
LAND IN MOUNT JOY TOWNSHIP, LANCASTER COUNTY; AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO CONVEY A TRACT OF LAND SITUATE IN FRENCHCREEK
TOWNSHIP, VENANGO COUNTY; AUTHORIZING AND DIRECTING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO CONVEY TO GLADE TOWNSHIP VOLUNTEER FIRE DEPARTMENT,
INC., A TRACT OF LAND SITUATE IN GLADE TOWNSHIP, WARREN COUNTY;
AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
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WITH THE APPROVAL OF THE GOVERNOR, THE DEPARTMENT OF
AGRICULTURE, THE DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT
OF TRANSPORTATION, TO CONVEY TO UPPER ST. CLAIR TOWNSHIP A TRACT
OF LAND SITUATE IN UPPER ST. CLAIR TOWNSHIP, ALLEGHENY COUNTY,
PENNSYLVANIA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF
GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
AND CONVEY TO THE POTTER COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY, LAND SITUATE IN THE BOROUGH OF COUDERSPORT, POTTER
COUNTY, PENNSYLVANIA; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY
A TRACT OF LAND SITUATE IN EAST ALLEN TOWNSHIP, NORTHAMPTON
COUNTY, PENNSYLVANIA, TO EAST ALLEN TOWNSHIP; AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO CONVEY TO NORTHAMPTON COUNTY A TRACT OF LAND
SITUATE IN BOTH EAST ALLEN TOWNSHIP AND ALLEN TOWNSHIP,
NORTHAMPTON COUNTY, PENNSYLVANIA; AND MAKING A REPEAL."
(B) AUTHORIZATION FOR QUITCLAIM AND RELEASE.--THE DEPARTMENT
OF GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS
HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA
TO QUITCLAIM AND RELEASE TO THE POTTER COUNTY HOUSING AUTHORITY
ANY RIGHT, TITLE OR INTEREST IT MAY HAVE WITH RESPECT TO THE
"DECLARATION OF COVENANT," CONTAINING A USE RESTRICTION AND A
RELATED REVERSIONARY INTEREST AS REQUIRED BY SECTION 7(C) OF THE
ACT OF DECEMBER 7, 1994 (P.L.677, NO.103), SET FORTH IN THAT
CERTAIN DEED FROM THE COMMONWEALTH OF PENNSYLVANIA TO THE POTTER
COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, DATED MARCH 7, 1996,
AND RECORDED AT THE OFFICE OF THE RECORDER OF DEEDS OF POTTER
COUNTY AT RECORD BOOK 258, PAGE 641-644, AND ANY CORRECTIVE
DEED, TO ENABLE THE POTTER COUNTY HOUSING AUTHORITY TO CONVEY
SUCH PROPERTY FREE OF SUCH DECLARATION OF COVENANT. SUCH
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QUITCLAIM AND RELEASE SHALL BE MADE ON SUCH TERMS, CONDITIONS
AND FOR SUCH CONSIDERATION AS ARE ACCEPTABLE TO THE SECRETARY OF
GENERAL SERVICES.
(C) PROPERTY DESCRIPTION.--THE CORRECTIVE DEED REFERENCED
UNDER SUBSECTION (A) AND THE DECLARATION OF COVENANT REFERENCED
UNDER SUBSECTION (B) AFFECT THE FOLLOWING:
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE,
LYING AND BEING IN THE FIRST WARD, BOROUGH OF COUDERSPORT,
COUNTY OF POTTER AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE CORNER, SAID CORNER IS THE NORTHEAST
CORNER OF THE PARCEL OF LAND HEREIN DESCRIBED, SAID CORNER IS
THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SEVENTH
STREET WITH THE WEST EASEMENT LINE OF THE COUDERSPORT FLOOD
CONTROL PROJECT ON THE ALLEGHENY RIVER, THENCE ALONG THE WEST
EASEMENT LINE OF THE COUDERSPORT FLOOD CONTROL PROJECT, SAID
EASEMENT LINE BEING TEN (10) FEET FROM THE TOP INSIDE EDGE OF
THE WEST CONCRETE RETAINING WALL ON THE BANK OF THE ALLEGHENY
RIVER, SOUTH 01 DEGREES 07 MINUTES WEST, ONE HUNDRED AND SIX
TENTHS (100.6) FEET TO A STAKE CORNER, SAID CORNER BEING A
COMMON CORNER WITH THAT OF LAND BELONGING TO HAROLD BRADLEY;
THENCE ALONG THE LINE OF HAROLD BRADLEY, OF WHICH THIS PARCEL IS
A PART, NORTH 82 DEGREES 30 MINUTES WEST, ONE HUNDRED FORTY-ONE
AND ONE TENTH (141.1) FEET TO A STAKE CORNER, SAID CORNER BEING
ON THE LINE OF LAND BELONGING TO MRS. KATHRYN IVES; THENCE ALONG
THE LAND OF MRS. KATHRYN IVES, NORTH 07 DEGREES 30 MINUTES EAST,
ONE HUNDRED (100.0) FEET TO A STAKE CORNER, SAID CORNER IS A
COMMON CORNER WITH THAT OF LAND BELONGING TO MRS. KATHRYN IVES,
SAID CORNER IS ON THE SOUTH RIGHT-OF-WAY LINE OF SEVENTH STREET,
SAID RIGHT -OF-WAY LINE BEING THIRTY-THREE (33) FEET FROM THE
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CENTERLINE THEREOF; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF
SEVENTH STREET, SOUTH 82 DEGREES 30 MINUTES EAST, ONE HUNDRED
TWENTY-NINE AND NINE TENTHS (129.9) FEET TO THE PLACE OF
BEGINNING.
CONTAINING 0.31-ACRES, MORE OR LESS.
BEING TAX PARCEL NO. 061-005-097.
(D) LEGAL INSTRUMENTS.--THE CORRECTIVE DEED REFERENCED UNDER
SUBSECTION (A) AND ANY LEGAL INSTRUMENTS NECESSARY TO EFFECTUATE
THE QUITCLAIM AND RELEASE OF ANY RIGHT, TITLE OR INTEREST THE
COMMONWEALTH OF PENNSYLVANIA MAY HAVE WITH RESPECT TO THE
DECLARATION OF COVENANT REFERENCED UNDER SUBSECTION (B) SHALL BE
EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
COMMONWEALTH OF PENNSYLVANIA.
(E) COSTS AND FEES.--ANY COSTS AND FEES INCIDENTAL TO THE
RELEASE HEREBY AUTHORIZED SHALL BE BORNE BY THE POTTER COUNTY
HOUSING AUTHORITY.
(F) PROCEEDS.--ANY PROCEEDS RECEIVED BY THE DEPARTMENT OF
GENERAL SERVICES FOR THE QUITCLAIM AND RELEASE HEREBY AUTHORIZED
SHALL BE DEPOSITED INTO THE GENERAL FUND.
SECTION 5. CONVEYANCE IN CITY OF PITTSBURGH, ALLEGHENY 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 TRACTS OF LAND, TOGETHER WITH THE BUILDINGS AND
IMPROVEMENTS THEREON, KNOWN AS THE FORMER STATE CORRECTIONAL
INSTITUTION - PITTSBURGH, SITUATE IN THE CITY OF PITTSBURGH,
ALLEGHENY COUNTY, TO THE BUYER THAT SUBMITS THE PROPOSAL THROUGH
A COMPETITIVE SOLICITATION FOR PROPOSALS PROCESS THAT THE
DEPARTMENT OF GENERAL SERVICES DETERMINES OFFERS THE BEST VALUE
AND RETURN ON INVESTMENT. IN MAKING THE DETERMINATION, THE
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DEPARTMENT OF GENERAL SERVICES MAY CONSIDER, IN ADDITION TO
PRICE, THE PROPOSED USE OF THE PROPERTY, JOB CREATION, RETURN TO
THE PROPERTY TAX ROLLS AND OTHER CRITERIA SPECIFIED IN THE
SOLICITATION DOCUMENTS. A COMPETITIVE SOLICITATION COMMITTEE
SHALL BE ESTABLISHED TO REVIEW PROPOSALS AND RECOMMEND A BUYER.
THE COMPETITIVE SOLICITATION COMMITTEE SHALL BE COMPRISED OF THE
SECRETARY OF GENERAL SERVICES OR A DESIGNEE, THE MEMBER OF THE
SENATE IN WHOSE DISTRICT THE MAJORITY OF THE PROPERTY IS LOCATED
OR A DESIGNEE, THE MEMBER OF THE HOUSE OF REPRESENTATIVES IN
WHOSE DISTRICT THE MAJORITY OF THE PROPERTY IS LOCATED OR A
DESIGNEE AND AN OFFICIAL REPRESENTATIVE OF THE MUNICIPALITY IN
WHICH THE PROPERTY IS LOCATED.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF TWO TRACTS OF LAND TOTALING
APPROXIMATELY 20.2736 ACRES, INCLUDING ALL IMPROVEMENTS LOCATED
THEREON, BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THOSE CERTAIN PARCELS OF LAND, WITH IMPROVEMENTS THEREON,
SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY COUNTY
PENNSYLVANIA, WITHIN THE AREA BOUNDED BY WESTHALL STREET, NEW
BEAVER AVENUE, DOER STREET AND THE LOW WATERLINE OF THE OHIO
RIVER, MORE PARTICULARLY DESCRIBED AS FOLLOWS (SUCH DESCRIPTIONS
NOT CONSTITUTING A CONSOLIDATION OF LOTS):
TRACT 1
BEING THE LANDS WITHIN TAX PARCEL NO. 44-B-100 EAST OF TAX
PARCEL NO. 44-B-125, A SECTION OF THE FORMER CSX TRANSPORTATION
SYSTEM AND THE FOLLOWING TAX PARCELS: 44-B-20, 44-B-25, 44-B-26,
44-B-50, 44-B-60, 44-B-70, 44-C-60, 44-C-68, 44-C-90, 44-C-122,
44-C-124, 44-C-402, 44-G-01, 44-G-02, 44-G-20, AND 44-G-298.
BEGINNING AT A POINT LOCATED AT PENNSYLVANIA STATE PLANE
SOUTH COORDINATES: N 423084.50, E 1330519.44, BEING S 85° 05'
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23" W A DISTANCE OF 67.13 FEET FROM A CITY OF PITTSBURGH
MONUMENT IN THE SIDEWALK ON THE SOUTH SIDE OF WESTHALL STREET,
SAID POINT ALSO BEING ON THE SOUTHERN RIGHT-OF-WAY LINE OF
WESTHALL STREET, HAVING A WIDTH OF 50 FEET, AND BEING THE
NORTHEASTERN MOST CORNER OF THE LINE OF LANDS NOW OR FORMERLY OF
THE CITY OF PITTSBURGH, TAX ID NO. 44-B-125 AND PREVIOUSLY A
PORTION OF THE CSX TRANSPORTATION SYSTEM, AND BEING THE
NORTHWESTERN MOST CORNER OF THE LANDS HEREIN DESCRIBED, AND
BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERN RIGHT-
OF-WAY OF WESTHALL STREET THE FOLLOWING THREE COURSES AND
DISTANCES:
N 89° 14' 55" E A DISTANCE OF 671.46 FEET TO A POINT;
N 89° 14' 55" E A DISTANCE OF 48.62 FEET ALONG THE
NORTHERN LINE OF TAX PARCEL 44-C-124 TO A POINT;
N 89° 14' 55" E A DISTANCE OF 139.20 FEET ALONG THE
NORTHERN LINE OF TAX PARCEL 44-C-122 TO A POINT;
THENCE BY A CURVE TO THE RIGHT FOLLOWING THE RIGHT-OF-WAY
TRANSITION BETWEEN WESTHALL STREET AND NEW BEAVER AVENUE, HAVING
A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 40.76 FEET, AND A CHORD
BEARING S 44° 02' 30" E A DISTANCE OF 36.39 FEET TO A POINT;
THENCE ALONG THE RIGHT-OF-WAY OF NEW BEAVER AVENUE, HAVING A
VARIABLE WIDTH, THE FOLLOWING FIVE COURSES AND DISTANCES:
BY A CURVE TO THE LEFT ALONG THE EASTERN LINE OF TAX
PARCEL 44-C-122 HAVING A RADIUS OF 722.88 FEET, AN ARC
LENGTH OF 126.15 FEET, AND A CHORD BEARING S 02° 19' 53"
E A DISTANCE OF 125.99 FEET TO A POINT;
BY A CURVE TO THE LEFT ALONG THE EASTERN LINE OF TAX
PARCEL 44-C-60 HAVING A RADIUS OF 722.88 FEET, AN ARC
LENGTH OF 82.56 FEET, AND A CHORD BEARING S 10° 36' 08" E
A DISTANCE OF 82.52 FEET TO A POINT;
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BY A CURVE TO THE LEFT ALONG THE EASTERN LINE OF TAX
PARCEL 44-C-90 HAVING A RADIUS OF 1035.00 FEET, AN ARC
LENGTH OF 234.83 FEET, AND A CHORD BEARING S 20° 23' 10"
E A DISTANCE OF 234.33 FEET TO A POINT;
CONTINUING ALONG THE EASTERN LINE OF TAX PARCEL 44-C-90,
S 26° 53' 10" E A DISTANCE OF 227.22 FEET TO A POINT;
S 26° 53' 10" E ALONG THE EASTERN LINE OF TAX PARCEL 44-
G-20 A DISTANCE OF 266.20 FEET TO A POINT;
THENCE BY A CURVE TO THE RIGHT FOLLOWING THE RIGHT-OF-WAY
TRANSITION BETWEEN NEW BEAVER AVENUE AND DOERR STREET, HAVING A
RADIUS OF 25.00 FEET, AN ARC LENGTH OF 45.52 FEET, AND A CHORD
BEARING S 25° 16' 24" W A DISTANCE OF 39.49 FEET TO A POINT;
THENCE ALONG THE NORTHERN RIGHT OF WAY OF DOERR STREET, HAVING A
WIDTH OF 50 FEET, THE FOLLOWING FIVE COURSES:
S 77° 25' 57" W A DISTANCE OF 171.42 FEET ALONG THE
SOUTHERN LINE OF TAX PARCEL 44-G-20 TO A POINT;
S 77° 25' 57" W A DISTANCE OF 173.45 FEET ALONG THE
SOUTHERN LINE OF TAX PARCEL 44-G-298 TO A POINT;
S 77° 25' 57" W A DISTANCE OF 59.31 FEET ALONG THE
SOUTHERN LINE OF TAX PARCEL 44-B-100 TO A POINT;
S 77° 25' 57" W A DISTANCE OF 153.00 FEET ALONG THE
SOUTHERN LINE OF TAX PARCEL 44-G-1 TO A POINT;
S 77° 25' 57" W A DISTANCE OF 285.88 FEET ALONG THE
SOUTHERN LINE OF TAX PARCEL 44-B-100 TO A POINT;
THENCE ALONG THE LINE OF LANDS NOW OR FORMERLY OF THE
CITY OF PITTSBURGH, TAX PARCEL NO. 44-B-125, FORMERLY A
PART OF THE CSX TRANSPORTATION SYSTEM AND NOW FUNCTIONING
AS A WALKING TRAIL, THE FOLLOWING THREE COURSES AND
DISTANCES:
THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1117.56
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FEET, AN ARC LENGTH OF 256.41 FEET, AND A CHORD BEARING N
31° 29' 36" W A DISTANCE OF 255.85 FEET TO A POINT;
THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1516.99
FEET, AN ARC LENGTH OF 300.34 FEET, AND A CHORD BEARING N
20° 05' 33" W A DISTANCE OF 299.85 FEET TO A POINT;
N 12° 29' 42" W A DISTANCE OF 615.58 FEET TO A POINT
BEING THE POINT OF BEGINNING.
CONTAINING: 923,257 S.F. OR 21.1951 ACRES
EXCEPTING OUT FROM THIS DESCRIPTION TAX PARCEL NO. 44-C-122,
PRESENTLY OWNED BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTHWESTERN CORNER OF THE
LANDS DESCRIBED HERE, AND THE NORTHEASTERN CORNER OF LANDS NOW
OR FORMERLY OF THE COMMONWEALTH OF PENNSYLVANIA, TAX PARCEL 44-
C-124, AND BEING A POINT OF THE SOUTHERN RIGHT-OF-WAY OF
WESTHALL STREET, HAVING A WIDTH OF 50 FEET, AND BEING SHOWN AS
'POB 11' ON THE PLAN SCI PITTSBURGH BOUNDARY SURVEY OF 2017;
THENCE CONTINUING ALONG THE WESTHALL STREET RIGHT-OF-WAY N 89°
14' 55" E A DISTANCE OF 139.20 FEET TO A POINT; THENCE BY A
CURVE TO THE RIGHT FOLLOWING THE RIGHT-OF-WAY TRANSITION BETWEEN
WESTHALL STREET AND NEW BEAVER AVENUE, HAVING A RADIUS OF 25.00
FEET, AN ARC LENGTH OF 40.76 FEET, AND A CHORD BEARING S 44° 02'
30" E A DISTANCE OF 36.39 FEET TO A POINT; THENCE ALONG THE
RIGHT-OF-WAY OF NEW BEAVER AVENUE, HAVING A VARIABLE WIDTH BY A
CURVE TO THE LEFT HAVING A RADIUS OF 722.88 FEET, AN ARC LENGTH
OF 126.15 FEET, AND A CHORD BEARING S 02° 19' 53" E A DISTANCE
OF 125.99 FEET TO A POINT; THENCE FOLLOWING THE NORTHERN LINE OF
TAX PARCEL 44-C-60, S 89° 03' 40" W A DISTANCE OF 132.73 FEET TO
A POINT; THENCE ALONG THE EASTERN LINE OF TAX PARCEL 44-C-122, N
13° 36' 47" W A DISTANCE OF 156.80 FEET TO THE POINT OF
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BEGINNING.
CONTAINING 22,254 S.F. OR 0.5109 ACRES.
ALSO EXCEPTING OUT TAX PARCEL NO. 44-G-298, PRESENTLY OWNED
BY THE ALLEGHENY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE SOUTHWESTERN CORNER OF THE
LANDS DESCRIBED HERE, AND THE SOUTHEASTERN CORNER OF LANDS NOW
OR FORMERLY OF THE COMMONWEALTH OF PENNSYLVANIA, TAX PARCEL 44-
B-100, AND BEING A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF
DOERR STREET FEET, AND BEING SHOWN AS 'POB 17' ON THE PLAN SCI
PITTSBURGH BOUNDARY SURVEY OF 2017: THENCE ALONG THE EASTERN
LINE OF TAX PARCEL 44-B-100 N 12° 40' 25" W A DISTANCE OF 288.20
FEET TO A POINT; THENCE ALONG THE SOUTHERN LINE OF TAX PARCEL
44-C-68, N 77° 10' 34" E A DISTANCE OF 100.00 FEET TO A POINT;
THENCE ALONG THE SOUTHERN LINE OF TAX PARCEL 44-B-100, N 77° 10'
34" E A DISTANCE OF 0.30 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF TAX PARCEL NO. 44-G-20, S 26° 53' 10" E A
DISTANCE OF 297.91 FEET TO A POINT; THENCE ALONG THE NORTHERN
LINE OF DOERR STREET S 77° 25' 57" W A DISTANCE OF 173.45 FEET
TO THE POINT OF BEGINNING.
CONTAINING: 39,486 S.F. OR 0.9065 ACRES.
TRACT 2
BEING THE LANDS WITHIN TAX PARCEL NO. 44-B-100 BOUNDED ON THE
EAST BY TAX PARCEL NO. 44-B-125, A SECTION OF THE FORMER CSX
TRANSPORTATION SYSTEM, BOUNDED ON THE SOUTH BY THE SOUTHERN
RIGHT-OF-WAY LINE OF DOERR STREET HAVING A WIDTH OF 50 FEET,
BOUNDED ON THE WEST BY THE LOW WATER LINE OF THE OHIO RIVER, AND
BOUNDED ON THE NORTH BY THE SOUTHERN RIGHT-OF-WAY LINE OF
WESTHALL STREET HAVING A WIDTH OF 50 FEET, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT, BEING THE POINT OF BEGINNING FOR TRACT
1 ABOVE, LOCATED AT PENNSYLVANIA STATE PLANE SOUTH COORDINATES:
N 423084.50, E 1330519.44, BEING S 85° 05' 23" W A DISTANCE OF
67.13 FEET FROM A CITY OF PITTSBURGH MONUMENT IN THE SIDEWALK ON
THE SOUTH SIDE OF WESTHALL STREET, THENCE FROM THE TRACT 1 POINT
OF BEGINNING, S 89° 14' 55" W A DISTANCE OF 15.32 FEET TO THE
TRUE POINT OF BEGINNING FOR TRACT 2, ALSO BEING LOCATED AT
PENNSYLVANIA STATE PLANE SOUTH COORDINATES: N 423084.30, E
1330504.12, AND BEING THE NORTHEASTERN MOST CORNER OF THE LANDS
HEREIN DESCRIBED, AND BEING A POINT ON THE SOUTHERN RIGHT-OF-WAY
LINE OF WESTHALL STREET, HAVING A WIDTH OF 50 FEET, AND BEING
THE NORTHWESTERN MOST CORNER OF THE LINE OF LANDS NOW OR
FORMERLY OF THE CITY OF PITTSBURGH, TAX ID NO. 44-B-125
PREVIOUSLY A PORTION OF THE CSX TRANSPORTATION SYSTEM; THENCE
FROM SAID TRUE POINT OF BEGINNING ALONG THE WESTERN LINE OF TAX
PARCEL NO. 44-B-125 THE FOLLOWING THREE COURSES AND DISTANCES:
S 12° 29' 42" E A DISTANCE OF 617.49 FEET TO A POINT;
BY A CURVE TO THE LEFT HAVING A RADIUS OF 1525.63 FEET,
AN ARC LENGTH OF 304.93 FEET, AND A CHORD BEARING S 20°
02' 59" E A DISTANCE OF 304.43 FEET TO A POINT;
BY A CURVE TO THE LEFT HAVING A RADIUS OF 1132.93 FEET,
AN ARC LENGTH OF 308.48 FEET, AND A CHORD BEARING S 32°
43' 45" E A DISTANCE OF 307.52 FEET TO A POINT;
THENCE ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF DOERR STREET,
HAVING A WIDTH OF 50 FEET, S 77° 25' 57" W A DISTANCE OF 27.99
FEET TO A POINT;
THENCE ALONG THE LOW WATER LINE OF THE OHIO RIVER THE FOLLOWING
FOUR COURSES AND DISTANCES:
BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1806.62 FEET,
AN ARC LENGTH OF 561.64 FEET, AND A CHORD BEARING N 26°
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06' 33" W A DISTANCE OF 559.38 FEET TO A POINT;
N 12° 23' 51" W A DISTANCE OF 265.87 FEET TO A POINT;
N 14° 11' 44" W A DISTANCE OF 265.28 FEET TO A POINT;
BY A CURVE TO THE LEFT HAVING A RADIUS OF 356.28, AN ARC
LENGTH OF 153.59 FEET, AND A CHORD BEARING N 28° 44' 29"
W A DISTANCE OF 152.41 FEET TO A POINT;
THENCE ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF WESTHALL STREET,
HAVING A WIDTH OF 50 FEET, N 89° 14' 55" E A DISTANCE OF 64.69
FEET TO A POINT BEING THE TRUE POINT OF BEGINNING
CONTAINING: 21,603 S.F. OR 0.4959 ACRES.
TOTAL OF TRACT 1 AND TRACT 2 IS 944,860 S.F. OR 21.6910 ACRES.
TOTAL OF TRACT 1 AND TRACT 2
(LESS 44-C-122 AND 44-G-298) IS 883,120 S.F. OR 20.2736 ACRES.
BEARINGS BASED ON THE PENNSYLVANIA STATE PLANE SOUTH
COORDINATE SYSTEM. THIS DESCRIPTION PREPARED BY PAUL J. NEFF,
PLS OF PEDERSEN & PEDERSEN, INC., BASED ON THE 2017 SURVEY FOR
DGS SCI AS SHOWN ON THE PLAN SCI PITTSBURGH BOUNDARY SURVEY OF
2017. THESE DESCRIPTIONS DO NOT CONSTITUTE A LOT CONSOLIDATION
OF THE COMMONWEALTH'S PROPERTIES.
(C) CONDITIONS.--THE FOLLOWING APPLY:
(1) 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 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 BY THIS
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SECTION TO BE USED IN VIOLATION OF THIS SUBSECTION, THE TITLE
SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
(2) 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) DEED OF CONVEYANCE.--THE CONVEYANCE SHALL BE BY SPECIAL
WARRANTY DEED EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN
THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(E) RESTRICTIONS.--THE SECRETARY OF GENERAL SERVICES MAY
IMPOSE ANY COVENANTS, CONDITIONS OR RESTRICTIONS ON THE PROPERTY
DESCRIBED UNDER SUBSECTION (B) AT SETTLEMENT AS DETERMINED TO BE
IN THE BEST INTERESTS OF THE COMMONWEALTH.
(F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(G) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 6. LEASE OF LANDS AT STATE CORRECTIONAL INSTITUTION -
WAYMART IN TOWNSHIP OF CANAAN AND BOROUGH OF WAYMART,
WAYNE COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF CORRECTIONS AND THE GOVERNOR,
IS HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
PENNSYLVANIA TO LEASE TO THE COUNTY OF WAYNE A PORTION OF THE
LANDS, AND ANY IMPROVEMENTS LOCATED THEREON, OF THE COMMONWEALTH
OF PENNSYLVANIA AT THE STATE CORRECTIONAL INSTITUTION - WAYMART,
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SITUATE IN THE TOWNSHIP OF CANAAN AND BOROUGH OF WAYMART, COUNTY
OF WAYNE, FOR THE PURPOSE OF ESTABLISHING, UTILIZING AND
MAINTAINING A DRUG REHABILITATION FACILITY UNDER TERMS,
CONDITIONS AND FOR CONSIDERATION TO BE ESTABLISHED IN A LEASE
AGREEMENT.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE LEASED
PURSUANT TO SUBSECTION (A) SHALL CONSIST OF AN AREA TOTALING
APPROXIMATELY 69.43 ACRES OF LAND, AND ANY IMPROVEMENTS LOCATED
THEREON, BEING BOUNDED AND DESCRIBED WITH THE BASIS OF BEARING
AS THE PENNSYLVANIA NORTH ZONE STATE PLANE COORDINATE SYSTEM AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF STATE ROUTE 3030
ALSO KNOWN AS "CARBONDALE ROAD", SAID POINT BEING N 84°13'55" W
1634.83 FEET FROM THE INTERSECTION OF SAID ROAD AND TOWNSHIP
ROAD 466 ALSO KNOWN AS "CANAAN ROAD";
THENCE IN AND ALONG THE CENTERLINE OF CARBONDALE ROAD THE
FOLLOWING COURSES:
1. ALONG A CURVE TO THE LEFT WITH A RADIUS OF 333.10
FEET AND AN ARC LENGTH OF 129.66 FEET WHOSE CHORD BEARS S
84°31'23" E AND HAS A LENGTH OF 128.84 FEET TO A POINT;
2. N 86°15'59" E 453.76 FEET TO A POINT;
3. N 88°16'45" E 388.52 FEET TO A POINT OF CURVATURE;
4. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 425.00
FEET AND AN ARC LENGTH OF 69.32 FEET WHOSE CHORD BEARS S
87°02'54" E AND HAS A LENGTH OF 69.24 FEET TO A POINT;
THENCE LEAVING SAID ROADWAY S 6°27'50" E ALONG THE LANDS N/F
OF MCCORMICK AND PASSING OVER AN IRON PIPE FOUND ON-LINE AT
47.97 FEET, 338.50 FEET TO A #5 REBAR FOUND FOR A CORNER AND ON
THE LINE OF LANDS N/F OF BELLAS;
THENCE ALONG SAID LANDS THE FOLLOWING COURSES:
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1. S 88°32'43" W 865.25 FEET TO A #4 REBAR FOUND FOR A
CORNER;
2. S 35°45'18" W 83.66 FEET TO A #6 REBAR FOUND FOR A
CORNER;
3. N 88°29'51" E, PASSING OVER AN IRON PIPE FOUND ON-
LINE AT 1441.46 FEET, 1453.86 FEET TO A POINT ON THE WESTERLY
SIDE OF THE AFOREMENTIONED CANAAN ROAD;
THENCE S 6°29'07" E ALONG SAID ROAD, 15.82 FEET TO A POINT;
THENCE S 89°02'59" W ALONG LANDS N/F HENSHAW, 422.40 FEET TO
AN IRON PIPE FOUND FOR A CORNER ON THE SOUTH SIDE OF AN OLD
SPRING HOUSE;
THENCE S 6°40'18" E ALONG THE SAME, 101.12 FEET TO AN IRON
PIN FOUND IN A 14" ASH TREE;
THENCE S 5°18'15" E ALONG OTHER LANDS OF HENSHAW, 331.09 FEET
TO A #5 REBAR FOUND FOR A CORNER;
THENCE S 2°55'01" E ALONG THE LANDS N/F CANAAN TOWNSHIP,
241.60 FEET TO A #5 REBAR FOUND FOR A CORNER;
THENCE N 84°48'59" E ALONG THE SAME, 282.18 FEET TO A #5
REBAR FOUND FOR A CORNER OF THE LANDS N/F SALAK;
THENCE S 5°22'01" E 149.00 FEET TO A #5 REBAR SET FOR A
CORNER;
THENCE N 84°48'59" E 174.00 FEET TO A POINT IN THE CENTERLINE
OF CANAAN ROAD;
THENCE IN AND ALONG SAID ROAD CENTERLINE THE FOLLOWING
COURSES:
1. S 5°35'58" E 156.06 FEET TO A POINT;
2. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1400.00
FEET AND AN ARC LENGTH OF 196.53 FEET WHOSE CHORD BEARS S
1°34'40" E AND HAS A LENGTH OF 196.37 FEET TO A POINT;
3. S 2°26'37" W 351.17 FEET TO A POINT;
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4. S 7°43'58" W 107.24 FEET TO A POINT;
THENCE N 68°03'53" W THROUGH THE LANDS OF THE LESSORS HEREIN
AND RUNNING 25 FEET DISTANT AND PARALLEL TO THE CENTERLINE OF AN
ACCESS ROAD, 500.15 FEET TO A POINT;
THENCE GENERALLY ALONG THE CENTERLINE OF AN ACCESS ROAD AND
ALONG THE LANDS N/F THE U.S.A. AND ITS ASSIGNS AS FOUND IN MAP
BOOK 92 PAGE 65 BUT BEING DESCRIBED BY THIS SURVEY AS THE
FOLLOWING COURSES:
1. S 16°34'46" W 130.43 FEET TO A POINT OF CURVATURE;
2. ALONG A CURVE TO THE LEFT WITH A RADIUS OF 500.00
FEET AND AN ARC LENGTH OF 134.91 FEET WHOSE CHORD BEARS S
9°42'37" W AND HAS A LENGTH OF 134.50 FEET TO A POINT;
3. S 1°58'50" W 70.28 FEET TO A POINT;
4. S 6°19'04" W 302.55 FEET TO A POINT OF CURVATURE;
5. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 906.00
FEET AND AN ARC LENGTH OF 151.05 FEET WHOSE CHORD BEARS S
11°05'39" W AND HAS A LENGTH OF 150.88 FEET, TO A POINT;
6. S 15°52'14" W 264.77 FEET TO A POINT OF CURVATURE;
7. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1080.00
FEET AND AN ARC LENGTH OF 137.16 FEET WHOSE CHORD BEARS S
19°30'32" W AND HAS A LENGTH OF 137.07 FEET, TO A POINT;
8. S 23°08'49" W 214.19 FEET TO A POINT;
THENCE N 23°28'12" W LEAVING SAID ACCESS ROAD, 2021.48 FEET
TO A #5 REBAR SET FOR A CORNER, SAID CORNER BEING 25 FEET
SOUTHWESTERLY OF THE CENTERLINE OF AN ACCESS ROAD LEADING FROM
CANAAN ROAD TO CARBONDALE ROAD;
THENCE N 20°12'50" W, CONTINUING PARALLEL TO AND GENERALLY 25
FEET DISTANT OF SAID CENTERLINE, 315.40 FEET TO A #5 REBAR SET
FOR A CORNER AND POINT OF CURVATURE;
THENCE ALONG CURVE TO THE RIGHT WITH A RADIUS OF 450.00 FEET
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AND AN ARC LENGTH OF 241.89 FEET WHOSE CHORD BEARS N 4°48'52" W
AND HAS A LENGTH OF 238.99 FEET, TO A #5 REBAR SET FOR A CORNER;
THENCE N 10°35'05" E 149.29 FEET TO A #5 REBAR SET FOR A
CORNER AND POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 175.00 FEET
WITH AN ARC LENGTH OF 49.22 FEET WHOSE CHORD BEARS N 2°31'37" E
AND HAS A LENGTH OF 49.06 FEET, TO A #5 REBAR SET FOR A CORNER;
THENCE N 05°31'51" W 216.89 FEET TO A #5 REBAR SET FOR A
CORNER;
THENCE N 1°06'52" E 343.36 FEET TO THE POINT AND PLACE OF
BEGINNING.
CONTAINING +/- 69.43 ACRES INCLUSIVE OF ANY RIGHT OF WAYS.
BEING THE SAME PARCEL OF LAND AS SHOWN ON A MAP TITLED
"SURVEY OF THE LANDS TO BE LEASED BY - WAYNE COUNTY
COMMISSIONERS - SCI WAYMART SITE" AS SURVEYED BY J. M. HENNINGS
LAND SURVEYING, LLC, SAID PLAN BEING ON FILE WITH THE DEPARTMENT
OF GENERAL SERVICES.
(C) LEASE AGREEMENT.--THE LEASE AGREEMENT SHALL PROVIDE FOR
AN INITIAL TERM NOT TO EXCEED 20 YEARS, PLUS TWO ADDITIONAL
RENEWAL TERMS NOT TO EXCEED 20 YEARS EACH, TO BE EXERCISED AT
THE SOLE DISCRETION OF THE SECRETARY OF GENERAL SERVICES. THE
LEASE AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE
THE LEASEHOLD CONVEYANCE UNDER THIS SECTION SHALL BE EXECUTED BY
THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
COMMONWEALTH OF PENNSYLVANIA.
(D) RIGHT TO TERMINATE.--THE LEASE AGREEMENT SHALL CONTAIN A
PROVISION THAT THE LEASE MAY BE TERMINATED BY THE DEPARTMENT OF
GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS, WITHOUT LIABILITY
TO THE LESSEE, ITS SUCCESSORS OR ASSIGNS, SHOULD THE PROPERTY AT
THE STATE CORRECTIONAL INSTITUTION - WAYMART CEASE TO BE
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OPERATED BY THE DEPARTMENT OF CORRECTIONS AND DECLARED SURPLUS
TO ITS NEEDS.
(E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE LEASE
DESCRIBED UNDER THIS SECTION SHALL BE BORNE BY THE LESSEE.
(F) EXPIRATION.--IN THE EVENT THAT THE PARTIES HAVE NOT
ENTERED INTO A LEASE AGREEMENT WITHIN TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE AUTHORIZATION CONTAINED
UNDER THIS SECTION SHALL EXPIRE.
SECTION 7. CONVEYANCE IN THE TOWNSHIP OF RICHMOND, TIOGA
COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE PENNSYLVANIA STATE POLICE AND THE GOVERNOR,
IS HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH TO GRANT AND
CONVEY TO ROBERT SWINGLE CERTAIN LANDS, TOGETHER WITH ANY
BUILDINGS, STRUCTURES AND IMPROVEMENTS THEREON, DESCRIBED UNDER
SUBSECTION (B), FOR $12,000.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF ONE TRACT OF APPROXIMATELY 4.132
ACRES OF LAND AND IMPROVEMENTS LOCATED THEREON, BOUNDED AND MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND IN THE TOWNSHIP
OF RICHMOND, COUNTY OF TIOGA, AND COMMONWEALTH OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE BEING THE NORTHWEST CORNER OF THE
HEREBY CONVEYED PREMISES; THENCE NORTH EIGHTY-SEVEN DEGREES,
THIRTEEN MINUTES, SEVEN AND FOUR TENTHS SECONDS (87°13' 7.4")
EAST, A DISTANCE OF THREE HUNDRED FEET (300') TO AN IRON PIPE;
THENCE SOUTH TWO DEGREES, FORTY-SIX MINUTES, FIFTY-TWO AND SIX
TENTHS SECONDS (2°46' 52.6") EAST, A DISTANCE OF SIX HUNDRED
FEET (600'); THENCE SOUTH EIGHTY-SEVEN DEGREES, THIRTEEN
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MINUTES, SEVEN AND FOUR TENTHS SECONDS (87°13' 7.4") WEST, A
DISTANCE OF THREE HUNDRED FEET (300') TO AN IRON PIPE; THENCE
NORTH TWO DEGREES, FORTY-SIX MINUTES, FIFTY-TWO AND SIX TENTHS
SECONDS (2°46' 52.6") WEST, A DISTANCE OF SIX HUNDRED FEET
(600') TO THE POINT AND PLACE OF BEGINNING.
CONTAINING FOUR AND ONE HUNDRED THIRTY-TWO ONE-THOUSANDTHS
(4.132) ACRES, MORE OR LESS, AND HAVING ERECTED THEREON, A ONE-
STORY BUILDING.
BEING TAX PARCEL NO. 29-05.00-059.
TOGETHER WITH THE FREE AND COMMON USE, RIGHT, LIBERTY AND
PRIVILEGE FOR THE GRANTEE AND ITS SUCCESSORS AND ASSIGNS
FOREVER, OF A CERTAIN EIGHT (8) FEET WIDE RIGHT OF WAY ACROSS
ADJOINING LANDS, AS AND FOR A PASSAGEWAY OR DRIVEWAY, EXTENDING
FROM THE LAND HEREIN DESCRIBED TO A TOWNSHIP ROAD, AS MORE
PARTICULARLY DESCRIBED IN THE DEED DATED OCTOBER 29, 1946 AND
RECORDED NOVEMBER 1, 1946 IN THE OFFICE OF THE RECORDER OF DEEDS
OF TIOGA COUNTY AT DEED BOOK VOLUME 241, PAGE 523.
BEING THE SAME PREMISES THE BELL TELEPHONE COMPANY OF
PENNSYLVANIA CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA BY
DEED DATED MAY 14, 1962 AND RECORDED JUNE 21, 1962 IN TIOGA
COUNTY IN DEED BOOK VOLUME 312, PAGE 706.
(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) DEED.--THE CONVEYANCE SHALL BE BY SPECIAL WARRANTY DEED
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AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN
THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(E) 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
THAT TERM IS 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, OR 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.
(F) COVENANTS, CONDITIONS AND RESTRICTIONS.--THE SECRETARY
OF GENERAL SERVICES MAY IMPOSE ANY COVENANTS, CONDITIONS OR
RESTRICTIONS ON THE PROPERTY DESCRIBED UNDER SUBSECTION (B) AT
SETTLEMENT AS DETERMINED TO BE IN THE BEST INTERESTS OF THE
COMMONWEALTH.
(G) ALTERNATE DISPOSITION.--IN THE EVENT THAT THE CONVEYANCE
AUTHORIZED UNDER THIS SECTION IS NOT COMPLETED WITHIN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY TO
CONVEY THE PROPERTY TO ROBERT SWINGLE, AS PROVIDED UNDER
SUBSECTION (A), 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 8. CONVEYANCE IN CORAOPOLIS BOROUGH, ALLEGHENY COUNTY.
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(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
AND THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF THE
COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY, AT A PRICE TO
BE DETERMINED THROUGH COMPETITIVE BIDDING, THE FOLLOWING TRACT
OF LAND DESCRIBED UNDER SUBSECTION (B) TOGETHER WITH ANY
BUILDINGS, STRUCTURES OR IMPROVEMENTS THEREON, SITUATE IN
CORAOPOLIS BOROUGH, ALLEGHENY COUNTY.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF A TRACT OF APPROXIMATELY 2.09 ACRES
OF LAND AND IMPROVEMENTS LOCATED THEREON, BOUNDED AND DESCRIBED
AS FOLLOWS:
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, WITH
IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF CORAOPOLIS,
COUNTY OF ALLEGHENY, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTHERLY SIDE OF FIFTH AVENUE AT A POINT
DISTANT ONE HUNDRED FIVE (105) FEET WESTWARDLY FROM THE WESTERLY
LINE OF KENDALL STREET AND AT THE DIVIDING LINE BETWEEN LOT
NUMBERS TWO HUNDRED FIFTY AND TWO HUNDRED FIFTY-ONE (#250 AND
#251) IN THE PLAN HEREINAFTER MENTIONED; THENCE ALONG THE
NORTHERLY SIDE OF FIFTH AVENUE NORTH 59° 36' WEST THREE HUNDRED
(300) FEET TO THE DIVIDING LINE BETWEEN LOT NUMBERS TWO HUNDRED
FIFTY-SIX AND TWO HUNDRED FIFTY-SEVEN (#256 AND #257) IN SAID
PLAN; THENCE ALONG SAID DIVIDING LINE AND SAID DIVIDING LINE
PRODUCED NORTH 30° 24' EAST TWO HUNDRED NINETY-NINE AND FOUR
HUNDRED EIGHTY-FIVE THOUSANDTHS (299.485) FEET TO THE SOUTHERLY
SIDE OF FOURTH AVENUE; THENCE ALONG SAID SIDE OF FOURTH AVENUE
SOUTH 60° 52' EAST THREE HUNDRED AND SEVEN HUNDREDTHS (300.07)
FEET TO A POINT ON SAID AVENUE DISTANT MEASURED ALONG SAID SIDE
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THEREOF ONE HUNDRED EIGHT AND SIXTY-TWO HUNDREDTHS (108.62) FEET
WESTWARDLY FROM THE SOUTHWESTERLY CORNER OF FOURTH AVENUE AND
KENDALL STREET; THENCE SOUTH 30° 24'WEST, BEING ALONG THE
EXTENSION OF THE DIVIDING LINE BETWEEN LOT NUMBERS TWO HUNDRED
FIFTY AND TWO HUNDRED FIFTY-ONE (#250 AND #251) IN SAID PLAN AND
THE SAID DIVIDING LINE, THREE HUNDRED SIX AND TWELVE HUNDREDTHS
(306.12) FEET TO THE NORTHERLY SIDE OF FIFTH AVENUE AT THE PLACE
OF BEGINNING.
BEING ALL OF LOT NUMBERS TWO HUNDRED FIFTY-ONE TO TWO HUNDRED
FIFTY-SIX (#251 TO #256) INCLUSIVE, LOT NUMBERS TWO HUNDRED
SIXTY-FOUR TO TWO HUNDRED SIXTY-EIGHT (#264 TO #268) INCLUSIVE
AND PARTS OF LOT NUMBERS TWO HUNDRED SIXTY-THREE AND TWO HUNDRED
SIXTY-NINE (#263 AND #269) IN THE PLAN OF LOTS LAID OUT BY
SAMUEL N. RITER AND RECORDED IN THE OFFICE FOR THE RECORDING OF
DEEDS, ETC. IN AND FOR SAID COUNTY OF ALLEGHENY IN PLAN BOOK
VOL. 15, PAGE 108, AND ALL OF THE GROUND INCLUDED WITHIN THE
LINES OF THAT PART OF THE TWENTY (20) FOOT ALLEY, VACATED AS
HEREINAFTER RECITED, FORMERLY EXTENDING FROM KENDALL STREET TO
WATT STREET, BETWEEN FOURTH AVENUE AND FIFTH AVENUE, AS SHOWN ON
THE PLAN OF THE SAID BOROUGH OF CORAOPOLIS, ADOPTED APRIL 1ST,
1889 AND RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS, ETC.
IN AND FOR SAID ALLEGHENY COUNTY ON SEPTEMBER 10TH, 1889, IN
PLAN BOOK VOL. 9, PAGE 86. THE AFORESAID PLAN OF SAMUEL N. RITER
WAS LAID OUT TO CONFORM WITH THE LINES OF SAID ALLEY AS ADOPTED
BY THE SAID BOROUGH, AND THAT PORTION OF SAID ALLEY RUNNING
THROUGH THE PREMISES ABOVE DESCRIBED WAS DULY VACATED BY
ORDINANCE NUMBER FIVE HUNDRED THIRTEEN (#513) OF THE SAID
BOROUGH, APPROVED APRIL 1ST, 1912, A FULL AND CORRECT COPY OF
THE ORDINANCE OF SAID BOROUGH VACATING SAID ALLEY HAVING BEEN
DULY RECORDED ON THE TWENTY-FOURTH DAY OF MAY, A.D. 1912 IN THE
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OFFICE FOR THE RECORDING OF DEEDS, ETC. IN AND FOR SAID COUNTY
OF ALLEGHENY IN DEED BOOK VOL. 1737 PAGE 355, IN ACCORDANCE WITH
THE PROVISIONS OF THE ACT OF ASSEMBLY APPROVED MAY 23RD, 1907,
P.L. 223. BEING THE SAME PREMISES CONVEYED TO THE BOROUGH OF
CORAOPOLIS BY SAMUEL N. RITER BY DEED DATED DECEMBER 20TH, 1911
AND RECORDED MAY 24TH, A.D. 1912 IN THE OFFICE FOR THE RECORDING
OF DEEDS, ETC. IN AND FOR SAID ALLEGHENY COUNTY IN DEED BOOK
VOL. 1737 PAGE 357.
(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) DEED OF CONVEYANCE.--THE CONVEYANCE SHALL BE BY SPECIAL
WARRANTY DEED EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN
THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(E) RESTRICTIONS.--THE SECRETARY OF GENERAL SERVICES MAY
IMPOSE ANY COVENANTS, CONDITIONS OR RESTRICTIONS ON THE PROPERTY
DESCRIBED UNDER SUBSECTION (B) AT SETTLEMENT AS DETERMINED TO BE
IN THE BEST INTERESTS OF THE COMMONWEALTH.
(F) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE STATE TREASURY ARMORY FUND.
SECTION 9. CONVEYANCE IN BOROUGH OF WYOMING, LUZERNE 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 THE
BOROUGH OF WYOMING THE TRACTS OF LAND DESCRIBED UNDER SUBSECTION
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(B), TOGETHER WITH ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS
THEREON, SITUATE IN THE BOROUGH OF WYOMING, LUZERNE COUNTY, FOR
$500,000, 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 FOUR TRACTS OF LAND TOTALING
APPROXIMATELY 3.91 ACRES, INCLUDING ALL BUILDINGS, STRUCTURES
AND IMPROVEMENTS LOCATED THEREON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT 1
ALL THAT CERTAIN SURFACE OR RIGHT OF SOIL OF THAT CERTAIN
TRACT OF LAND SITUATED IN THE BOROUGH OF WYOMING, COUNTY OF
LUZERNE, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED
AS FOLLOWS, TO WIT:
BEGINNING AT A CORNER OF LAND, LATE OF SARAH HENRY ON WYOMING
AVENUE, THE MAIN ROAD LEADING THROUGH WYOMING BOROUGH; THENCE
ALONG WYOMING AVENUE SOUTH FORTY NINE AND THREE-QUARTERS (49 ¾)
DEGREES WEST, ONE HUNDRED TWENTY ONE (121) FEET TO A CORNER;
THENCE NORTH FORTY ONE AND A HALF (41 ½) DEGREES WEST TWO
HUNDRED EIGHT AND ONE HALF (208 ½) FEET TO A CORNER; THENCE
SOUTH FORTY NINE AND THREE QUARTERS (49 ¾) DEGREES WEST SIXTEEN
AND ONE HALF (16 ½) FEET MORE OR LESS TO A CORNER OF LAND LATE
OF PAYNE PETTEBONE; THENCE NORTH FORTY ONE AND ONE HALF (41 ½)
DEGREES WEST THREE HUNDRED TWENTY SIX AND NINE TENTHS (326 9)
FEET MORE OR LESS TO A CORNER OF LAND LATE OF J. P. ATHERTON;
THENCE NORTH TWENTY FIVE AND ONE HALF (25 ½) DEGREES EAST SIXTY
EIGHT AND ONE HALF (68 ½) FEET; THENCE NORTH THIRTY EIGHT AND
ONE HALF (38 ½) DEGREES EAST SEVENTY SEVEN (77) FEET TO THE
CORNER OF LAND, LATE OF SARAH HENRY; THENCE ALONG THE LANDS LATE
OF SAID SARAH HENRY SOUTH FORTY ONE AND ONE HALF (41 ½) DEGREES
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EAST FIVE HUNDRED SEVENTY FIVE AND SIX TENTHS (575.6) FEET MORE
OR LESS TO THE PLACE OF BEGINNING.
CONTAINING ONE ACRE, ONE HUNDRED TEN AND FIFTEEN ONE
HUNDREDTHS (110.15) RODS OF LAND MORE OR LESS.
EXCEPTING AND RESERVING ALL THE COAL AND OTHER MINERALS IN
THE SAME MANNER AND TO THE SAME EXTENT AS THE SAME ARE EXCEPTED
IN SEVERAL DEEDS IN THE CHAIN OF TITLE TO SAID LAND, IN
PARTICULAR IN DEED OF WILLIAM AND ISABELLA HANCOCK TO MOUNT LOOK
COAL COMPANY, DATED FEBRUARY 27, 1893 AND RECORDED IN DEED BOOK
NO. 314, PAGE 505, LUZERNE COUNTY, PENNSYLVANIA.
BEING THE SAME TRACT OF LAND CONVEYED BY THE WYOMING REALTY
COMPANY TO THE COMMONWEALTH OF PENNSYLVANIA, BY DEED DATED
NOVEMBER 4, 1946, AND RECORDED NOVEMBER 21, 1946, IN THE OFFICE
OF THE RECORDER DEEDS OF LUZERNE COUNTY, PENNSYLVANIA, IN DEED
BOOK 879, PAGE 417.
TRACT 2
ALL THAT CERTAIN TRACT OF LAND LOCATED IN THE BOROUGH OF
WYOMING, COUNTY OF LUZERNE, AND COMMONWEALTH OF PENNSYLVANIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER IN THE NORTHWESTERLY SIDE OF WYOMING
AVENUE, SAID CORNER BEING THE DIVIDED LINE BETWEEN LANDS NOW OR
FORMERLY OF GRACE M. SHOEMAKER AND LANDS OF NOW OR FORMERLY OF
GOMER W. MORGAN AND MARY S. MORGAN, HIS WIFE; THENCE BY LANDS OF
NOW OR FORMERLY GRACE M. SHOEMAKER, NORTH 41° 30' WEST, A
DISTANCE OF FIVE HUNDRED THIRTY-EIGHT FEET (538.0) TO A POINT
ACROSS ABRAM'S CREEK; THENCE BY LANDS NOW OR FORMERLY OF THE
PENNSYLVANIA COAL COMPANY, SOUTH 87° 15' EAST, A DISTANCE OF
THIRTY ONE FEET (31.0) TO A POINT; THENCE BY SAME, NORTH 28° 45'
EAST, A DISTANCE OF SIXTEEN AND FIVE TENTHS FEET (16.5) TO A
POINT; THENCE BY SAME, NORTH 25° 30' EAST, A DISTANCE OF THIRTY-
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THREE AND FIVE TENTHS FEET (33.5) TO A POINT; THENCE, RECROSSING
ABRAM'S CREEK AND LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
SOUTH 41° 30' EAST, A DISTANCE OF THREE HUNDRED TWENTY-NINE FEET
(329.0) TO A POINT; THENCE BY SAME, NORTH 49° 00' EAST, A
DISTANCE OF SEVENTEEN FEET (17.0) TO A POINT; THENCE BY SAME,
SOUTH 41° 30' EAST, A DISTANCE OF TWO HUNDRED EIGHT AND FIFTY
ONE HUNDREDTHS FEET (208.50) TO A POINT; THENCE ALONG WYOMING
AVENUE, SOUTH 49° 00' WEST, A DISTANCE OF EIGHTY EIGHT FEET
(88.0) TO THE PLACE OF BEGINNING.
CONTAINING .9 ACRES, MORE OR LESS.
BEING THE SAME TRACT OF LAND CONVEYED BY GOMER W. MORGAN AND
MARY S. MORGAN, HIS WIFE, TO THE GENERAL STATE AUTHORITY, BY
DEED DATED FEBRUARY 18, 1955, AND RECORDED FEBRUARY 18, 1955, IN
THE OFFICE OF THE RECORDER DEEDS OF LUZERNE COUNTY,
PENNSYLVANIA, IN DEED BOOK 1264, PAGE 497.
TRACT 3
ALL THAT CERTAIN TRACT OF LAND LOCATED IN THE BOROUGH OF
WYOMING, COUNTY OF LUZERNE, AND COMMONWEALTH OF PENNSYLVANIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN LANDS NOW
OR FORMERLY OF GRACE M. SHOEMAKER, WIDOW, AND JEMINA GREY, SAID
POINT BEING ONE HUNDRED EIGHTY-FIVE FEET (185.0) NORTH-WESTERLY
FROM WYOMING AVENUE; THENCE BY LANDS NOW OR FORMERLY OF JEMIMA
GRAY, NORTH 41° 30' WEST, A DISTANCE OF ONE HUNDRED TWO FEET
(102.0) TO A POINT IN A WIRE FENCE; THENCE BY LANDS NOW OR
FORMERLY OF MAE COOPER VANHORN AND CROSSING ABRAM'S CREEK, NORTH
34° 00' WEST, A DISTANCE OF TWO HUNDRED NINETY ONE FEET (291.0)
TO A POINT; THENCE BY LANDS NOW OR FORMERLY OF THE PENNSYLVANIA
COAL COMPANY, SOUTH 87° 20' EAST, A DISTANCE OF SIXTY AND FIVE
TENTHS FEET (60.5) TO A POINT; THENCE BY LANDS OF NOW OR
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FORMERLY GOMER W. MORGAN, ET UX, SOUTH 41° 30' EAST, A DISTANCE
OF THREE HUNDRED FIFTY TWO FEET (352.0) TO A POINT; THENCE BY
OTHER LANDS NOW OR FORMERLY OF GRACE M. SHOEMAKER, SOUTH 49° 00'
WEST, A DISTANCE OF EIGHTY FIVE AND THREE TENTHS FEET (85.3) TO
THE PLACE OF BEGINNING.
CONTAINING .7 ACRES, MORE OR LESS.
BEING THE SAME TRACT OF LAND CONVEYED BY GRACE M. SHOEMAKER,
WIDOW, TO THE GENERAL STATE AUTHORITY, BY DEED DATED FEBRUARY
17, 1955, AND RECORDED FEBRUARY 18, 1955, IN THE OFFICE OF THE
RECORDER DEEDS OF LUZERNE COUNTY, PENNSYLVANIA, IN DEED BOOK
1264, PAGE 500.
THE DEPARTMENT OF GENERAL SERVICES IS THE SUCCESSOR TO THE
GENERAL STATE AUTHORITY PURSUANT TO ACT 45 OF 1975.
TRACT 1, TRACT 2 AND TRACT 3 ARE COLLECTIVELY KNOWN AS TAX
PARCEL NO. 67-E10SE4-001-003-000.
TRACT 4
ALL THAT CERTAIN SURFACE OR RIGHT OF SOIL OF ALL THAT PIECE
OR PARCEL OF LAND LOCATED IN THE BOROUGH OF WYOMING, COUNTY OF
LUZERNE, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED
AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF WYOMING
AVENUE, IN THE DIVIDING LINE OF LAND NOW OR FORMERLY OF GRACE M.
SHOEMAKER, WIDOW, AND LAND NOW OR FORMERLY OF JEMINA GREY;
THENCE ALONG WYOMING AVENUE IN A NORTHEASTERLY DIRECTION,
85.3 FEET TO A CORNER OF LAND OF THE GENERAL STATE AUTHORITY,
FORMERLY OF MRS. WILLIAM H. SHOEMAKER;
THENCE NORTH 41 DEGREES 30 MINUTES WEST, 186.87 FEET, MORE OR
LESS, TO A POINT IN LINE OF LANDS CONVEYED BY GRACE M.
SHOEMAKER, WIDOW, TO THE GENERAL STATE AUTHORITY;
THENCE ALONG SAID LINE SOUTH 49 DEGREES 00 MINUTES WEST, 85.3
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FEET, MORE OR LESS, TO A POINT;
THENCE SOUTH 41 DEGREES 30 MINUTES EAST, 185 FEET, MORE OR
LESS, TO THE PLACE OF BEGINNING.
TOGETHER WITH AND SUBJECT TO ALL EASEMENTS, COVENANTS,
APPURTENANCES, RESERVATIONS AND CONDITIONS, INCLUDING THE
SIDEWALK AND BED OF WYOMING AVENUE AS FAR AS THE TITLE WILL
EXTEND.
BEING THE SAME PIECE OR PARCEL OF LAND ACQUIRED BY THE
GENERAL STATE AUTHORITY PURSUANT TO DECLARATION OF TAKING, FILED
IN THE OFFICE OF THE PROTHONOTARY OF THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY ON JANUARY 4, 1973, AT DOCKET NO. 61 OF 1973,
WITH A NOTICE OF THE DECLARATION OF TAKING RECORDED AT THE
OFFICE OF THE RECORDER OF DEEDS OF LUZERNE COUNTY AT DEED BOOK
1770, PAGE 631.
ALSO, BEING THE SAME PREMISES THE GENERAL STATE AUTHORITY
CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA, ACTING BY AND
THROUGH THE DEPARTMENT OF GENERAL SERVICES, BY DEED DATED JUNE
19, 1989 (TRACT 131 ONLY) AND RECORDED MARCH 25, 1991, IN DEED
BOOK 2373, PAGE 1, AT THE OFFICE OF THE RECORDER OF DEEDS OF
LUZERNE COUNTY.
TRACT 4 IS KNOWN AS TAX PARCEL NO. 67-E10SE4-001-013-000
(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
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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 UNDER THIS SECTION USED IN VIOLATION OF THIS
SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT TO AND REVEST IN
THE GRANTOR.
(E) USE RESTRICTION.--THE FOLLOWING USE RESTRICTION SHALL BE
INCLUDED IN THE DEED:
UNDER AND SUBJECT TO THE CONDITION THAT THE GRANTEE, ITS
SUCCESSORS AND ASSIGNS SHALL UTILIZE THE PROPERTY SOLELY FOR
THE OPERATION OF A MUNICIPAL/REGIONAL POLICE DEPARTMENT 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 $425,000 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.
(F) DEED.--THE CONVEYANCE SHALL BE MADE BY A 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
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.
(I) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 10. RELOCATION OF A PERMANENT EASEMENT PREVIOUSLY
GRANTED IN BOROUGH OF LEWISTOWN, MIFFLIN COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE STATE FIRE COMMISSIONER AND THE GOVERNOR, IS
HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA
TO RELOCATE A PERMANENT EASEMENT PREVIOUSLY GRANTED TO MIFFLIN
COUNTY FROM LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AT THE
STATE FIRE ACADEMY SITUATE IN THE BOROUGH OF LEWISTOWN, MIFFLIN
COUNTY, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A
RECREATIONAL HIKING TRAIL AND APPURTENANT PARKING FOR THE
BENEFIT OF THE GENERAL PUBLIC, FOR $1 AND UNDER TERMS AND
CONDITION TO BE ESTABLISHED BY AN EASEMENT AGREEMENT.
(B) PROPERTY DESCRIPTION.--THE PERMANENT EASEMENT TO BE
CONVEYED PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY
1.11 ACRES BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT OF LAND LOCATED IN LEWISTOWN BOROUGH,
MIFFLIN COUNTY, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ALONG RIVERSIDE DRIVE, THENCE NORTH 57
DEGREES 46 MINUTES 38 SECONDS EAST, 210.75 FEET TO A POINT OF
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NON-TANGENCY;
THENCE SOUTH 32 DEGREES 26 MINUTES 42 SECONDS EAST, 26.59
FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 57 DEGREES 34 MINUTES 37 SECONDS WEST, 93.59
FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 73 DEGREES 43 MINUTES 57 SECONDS EAST, 11.97
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY, SAID CURVE
TO THE RIGHT HAS A RADIUS OF 90.00 FEET;
THENCE EASTERLY ALONG CHORD BEARING OF SOUTH 89 DEGREES 39
MINUTES 25 SECONDS EAST FOR A DISTANCE OF 49.39 FEET WITH AN ARC
LENGTH OF 50.03 FEET TO A POINT OF TANGENCY;
THENCE NORTH 74 DEGREES 25 MINUTES 06 SECONDS EAST, 74.19
FEET TO A POINT OF NON-TANGENCY;
THENCE NORTH 78 DEGREES 30 MINUTES 09 SECONDS EAST, 134.23
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, SAID CURVE
TO THE LEFT HAS A RADIUS OF 100.00 FEET;
THENCE EASTERLY ALONG SAID CURVE CHORD BEARING OF SOUTH 80
DEGREES 01 MINUTES 26 SECONDS EAST FOR A DISTANCE OF 73.21 FEET
WITH AN ARC LENGTH OF 74.96 FEET TO A POINT OF TANGENCY;
THENCE NORTH 57 DEGREES 16 MINUTES 04 SECONDS EAST, 43.08
FEET TO A POINT OF NON-TANGENCY, TO A SHARED BOUNDARY WITH NOW
OR FORMERLY MIFFLIN CONCRETE, INC.;
THENCE SOUTH 46 DEGREES 20 MINUTES 50 SECONDS EAST, 95.53
FEET TOA POINT OF NON-TANGENCY;
THENCE SOUTH 51 DEGREES 11 MINUTES 22 SECONDS WEST, 105.75
FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 39 DEGREES 32 MINUTES 51 SECONDS WEST, 369.54
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY, SAID CURVE TO THE RIGHT HAS A RADIUS OF 90.00
FEET;
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THENCE SOUTHWESTERLY ALONG SAID CURVE CHORD BEARING OF SOUTH
32 DEGREES 33 MINUTES 08 SECONDS WEST FOR A DISTANCE OF 22.31
FEET WITH AN ARC DISTANCE OF 22.37 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 25 DEGREES 25 MINUTES 56 SECONDS WEST, 432.30
FEET TO A POINT OF NON-TANGENCY; TO A SHARED BOUNDARY WITH NOW
OR FORMERLY LOWES HOME CENTER, INC.;
THENCE NORTH 75 DEGREES 20 MINUTES 26 SECONDS WEST, 30.54
FEET TO A POINT OF NON-TANGENCY;
THENCE NORTH 25 DEGREES 25 MINUTES 56 SECONDS EAST, 438.00
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE TO THE LEFT HAS A RADIUS OF 120.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE CHORD BEARING OF NORTH
32 DEGREES 33 MINUTES 08 SECONDS EAST FOR A DISTANCE OF 29.75
FEET WITH AN ARC DISTANCE OF 29.82 FEET TO A POINT OF TANGENCY;
THENCE NORTH 39 DEGREES 40 MINUTES 20 SECONDS EAST, 357.54
FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT CONCAVE
SOUTHWESTERLY, SAID CURVE HAS A RADIUS OF 53.30 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE CHORD BEARING OF NORTH
35 DEGREES 26 MINUTES 35 SECONDS WEST FOR A DISTANCE OF 101.65
FEET WITH AN ARC DISTANCE OF 134.85 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 78 DEGREES 30 MINUTES 09 SECONDS WEST, 133.16
FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 74 DEGREES 25 MINUTES 06 SECONDS WEST, 73.12
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAS A
RADIUS OF 120.00 FEET;
THENCE WESTERLY ALONG SAID CURVE CHORD BEARING OF NORTH 89
DEGREES 39 MINUTES 25 SECONDS WEST FOR A DISTANCE OF 65.85 FEET
WITH AN ARC DISTANCE OF 66.70 FEET TO A POINT OF TANGENCY;
THENCE NORTH 73 DEGREES 43 MINUTES 57 SECONDS WEST, 54.44
FEET TO A POINT OF NON-TANGENCY;
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THENCE SOUTH 57 DEGREES 46 MINUTES 38 SECONDS WEST, 66.65
FEET TO A POINT OF NON-TANGENCY;
THENCE (28) NORTH 32 DEGREES 13 MINUTES 22 SECONDS WEST,
15.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING 1.11_-ACRES, MORE OR LESS.
(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) EASEMENT AGREEMENT.--THE CONVEYANCE SHALL BE MADE BY
EASEMENT AGREEMENT EXECUTED BY THE SECRETARY OF GENERAL SERVICES
IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(F) EXPIRATION OF AUTHORITY.--IN THE EVENT THAT THIS
CONVEYANCE IS NOT EXECUTED WITHIN 18 MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE AUTHORITY GRANTED BY THIS SECTION
SHALL TERMINATE.
SECTION 11. CONVEYANCE IN CLINTON TOWNSHIP, LYCOMING 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 HARRY E.
FREY, JR., AND JEFFREY L. FREY A PERMANENT EASEMENT ACROSS LANDS
OF THE COMMONWEALTH OF PENNSYLVANIA SITUATE IN CLINTON TOWNSHIP,
LYCOMING COUNTY, FOR $2,670, FOR THE PURPOSE OF INGRESS AND
EGRESS TO LANDS WHICH HARRY E. FREY, JR., AND JEFFREY L. FREY
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PROPOSE TO ACQUIRE FROM HAROLD JAMES CARPENTER AND CARLENE M.
CARPENTER, SUCH EASEMENT TO BE GRANTED UNDER TERMS AND
CONDITIONS TO BE ESTABLISHED IN AN EASEMENT AGREEMENT WITH THE
DEPARTMENT OF GENERAL SERVICES.
(B) PROPERTY DESCRIPTION.--THE EASEMENT TO BE CONVEYED,
PURSUANT TO SUBSECTION (A), CONSISTS OF APPROXIMATELY 1.77 ACRES
OF LAND LOCATED UPON THE GROUNDS OF THE DEPARTMENT OF
CORRECTIONS' MUNCY STATE CORRECTIONAL INSTITUTION SITUATE IN
CLINTON TOWNSHIP, LYCOMING COUNTY, SUCH EASEMENT AREA BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PARCEL OF LAND, SITUATED IN THE TOWNSHIP OF
CLINTON, LYCOMING COUNTY, PENNSYLVANIA, BEING MORE FULLY SHOWN
ON A PLAN PREPARED BY HERBERT, ROWLAND & GRUBIC, INC. TITLED,
LAND EXCHANGE & RIGHT OF WAY PLAN FOR HARRY & JEFFREY FREY,
HAROLD & CARLENE CARPENTER & THE COMMONWEALTH OF PA DEPT. OF
CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION, DRAWING NUMBER
SB1, SHEET 5 OF 5, DATED 02/03/2022, AND RECORDED AT THE
LYCOMING COUNTY RECORDER OF DEEDS OFFICE ON MAY 2, 2022 IN MAP
BOOK 65, PAGE 77, INSTRUMENT #202200005575, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND ¾" DIAMETER REBAR W\CAP IN A STONE PILE
AT THE SOUTHEAST CORNER OF LANDS NOW OR FORMERLY HAROLD JAMES
CARPENTER AND CARLENE M. CARPENTER (DB 1017 PG 0367 PARCEL NO.
3), SAID POINT BEING A CORNER ALONG THE WESTERLY PROPERTY LINE
OF LANDS NOW OR FORMERLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT
OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION AND THE
NORTHEASTERLY CORNER OF HEREIN DESCRIBED 24' WIDE ACCESS RIGHT
OF WAY;
THENCE THROUGH LANDS OF COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION
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THE FOLLOWING FOUR (4) COURSES:
S 12°40'21" E A DISTANCE OF 1843.37 FEET TO A POINT;
S 45°17'40" E A DISTANCE OF 905.83 FEET TO A POINT;
N 61°58'28" E A DISTANCE OF 146.32 FEET TO A POINT;
S 25°42'48" E A DISTANCE OF 314.13 FEET TO A POINT ON
A CURVE ALONG THE NORTHERLY RIGHT OF WAY LINE OF STATE
HOME ROAD (T-425) BEING THE SOUTHEASTERLY CORNER OF LANDS
HEREIN DESCRIBED.
THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF STATE HOME
ROAD (T-425), ON A CURVE TO THE LEFT HAVING A RADIUS OF 340.00
FEET, AN ARC LENGTH OF 24.26 FEET, A CHORD BEARING OF S
72°35'49" W AND A DISTANCE OF 24.25 FEET TO A FOUND ¾" DIAMETER
REBAR W\CAP BEING THE SOUTHEASTERLY CORNER OF LANDS NOW OR
FORMERLY ROBERT L. KEEBLERT (DB 552 PG 411) AND THE
SOUTHWESTERLY CORNER OF LANDS OF COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION;
THENCE ALONG LANDS NOW OR FORMERLY ROBERT L. KEEBLERT AND
ALONG THE WESTERLY PROPERTY LINE OF COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION,
N 25°42'48" W A DISTANCE OF 285.56 FEET TO A FOUND ¾" DIAMETER
REBAR W\CAP;
THENCE CONTINUING ALONG LANDS OF ROBERT L. KEEBLERT AND ALONG
THE WESTERLY PROPERTY LINE OF COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION,
S 61°58'28" W A DISTANCE OF 139.01 FEET TO A FOUND ¾" DIAMETER
REBAR W\CAP;
THENCE THROUGH LANDS OF COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS MUNCY STATE CORRECTIONAL INSTITUTION
THE FOLLOWING TWO (2) COURSES:
N 45°17'40" W A DISTANCE OF 930.52 FEET TO A POINT;
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N 12°40'21" W A DISTANCE OF 1855.29 FEET TO A POINT
ON LINE OF LANDS NOW OR FORMERLY HAROLD JAMES CARPENTER
AND CARLENE M. CARPENTER (DB 1017 PG 0367 PARCEL NO. 3)
AND A POINT ON WESTERLY PROPERTY LINE OF COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF CORRECTIONS MUNCY STATE
CORRECTIONAL INSTITUTION;
THENCE ALONG LANDS OF HAROLD JAMES CARPENTER AND CARLENE M.
CARPENTER, N 88°51'53" E, A DISTANCE OF 24.50 FEET TO THE POINT
AND PLACE OF BEGINNING.
CONTAINING 1.77 ACRES OF LAND MORE OR LESS.
UNDER AND SUBJECT, NEVERTHELESS, TO ALL EXISTING EASEMENTS,
CONDITIONS, RESTRICTIONS, AND COVENANTS OF RECORD.
(C) EASEMENT AGREEMENT.--THE EASEMENT AGREEMENT SHALL
CONTAIN SUCH TERMS AND CONDITIONS AS SHALL BE ACCEPTABLE TO THE
DEPARTMENT OF GENERAL SERVICES AND SHALL BE EXECUTED BY THE
SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
PENNSYLVANIA.
(D) RESTRICTIVE COVENANTS.--THE EASEMENT AGREEMENT SHALL
CONTAIN A PROVISION THAT THE EASEMENT SHALL BE UTILIZED BY THE
GRANTEES, THEIR HEIRS AND ASSIGNS, SOLELY FOR THE PURPOSE OF
INGRESS AND EGRESS TO PROPERTY OF THE GRANTEES AND FOR NO OTHER
PURPOSE. SHOULD THE EASEMENT BE UTILIZED FOR PURPOSES OTHER THAN
INGRESS AND EGRESS, THE EASEMENT SHALL AUTOMATICALLY EXTINGUISH.
(E) COSTS AND FEES.--ALL COSTS AND FEES INCIDENTAL TO THE
CONVEYANCE AUTHORIZED UNDER THIS SECTION SHALL BE BORNE BY THE
GRANTEES.
(F) PROCEEDS.--THE PROCEEDS FROM THE CONVEYANCE SHALL BE
DEPOSITED INTO THE GENERAL FUND.
(G) EXPIRATION.--IF THE CONVEYANCE AUTHORIZED UNDER THIS
SECTION IS NOT EFFECTUATED WITHIN 18 MONTHS AFTER THE EFFECTIVE
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DATE OF THIS SECTION, THE AUTHORITY PROVIDED UNDER THIS SECTION
SHALL EXPIRE.
SECTION 12. CONVEYANCE IN BENNER TOWNSHIP, CENTRE 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 THE FOLLOWING TRACT OF LAND TOGETHER WITH ANY
IMPROVEMENTS THEREON, BEING THE FORMER SUPERINTENDENT'S
RESIDENCE AT SCI-ROCKVIEW, SITUATE IN THE TOWNSHIP OF BENNER,
COUNTY OF CENTRE, TO THE CENTRE COUNTY INDUSTRIAL DEVELOPMENT
CORPORATION FOR $350,000, UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
PURSUANT TO THIS SECTION CONSISTS OF THE FOLLOWING:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS
THEREON, SITUATE, LYING AND BEING IN THE TOWNSHIP OF BENNER,
COUNTY OF CENTRE AND COMMONWEALTH OF PENNSYLVANIA, BEING BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A ¾ INCH REBAR WHICH IS LOCATED ALONG THE LINE
OF BENNER PIKE, SR0150, A PUBLIC RIGHT-OF-WAY, CO-LOCATED AT THE
INTERSECTION WITH PARADISE ROAD, SR3004, A PUBLIC RIGHT-OF-WAY,
AND MARKING THE NORTHEASTERLY MOST CORNER OF THE WITHIN
DESCRIBED TRACT; THENCE ALONG THE LINE OF BENNER PIKE, SR0150, A
PUBLIC RIGHT-OF-WAY, SOUTH 05° 39' 50" EAST, A DISTANCE OF
262.91 FEET TO A ¾ INCH REBAR THE SOUTHEASTERLY MOST CORNER OF
THE WITHIN DESCRIBED TRACT AND COMMON WITH OTHER LANDS OF THE
COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG OTHER LANDS OF THE
COMMONWEALTH OF PENNSYLVANIA, NORTH 71° 03' 30" WEST, 369.77
FEET TO A ¾ INCH REBAR AND THE SOUTHWESTERLY MOST CORNER OF THE
WITHIN DESCRIBED PARCEL; THENCE CONTINUING ALONG OTHER LANDS OF
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THE COMMONWEALTH OF PENNSYLVANIA, NORTH 16° 43' 28" EAST, 228.70
FEET TO A ¾ INCH REBAR AND THE NORTHWESTERLY MOST CORNER OF THE
WITHIN DESCRIBED PARCEL AND A POINT IN COMMON WITH THE RIGHT-OF-
WAY LINE OF PARADISE ROAD, SR3004; THENCE ALONG THE RIGHT-OF-WAY
LINE OF PARADISE ROAD, SR3004, SOUTH 73° 17' 38" EAST, 269.36
FEET TO A ¾ INCH REBAR AND THE POINT AND PLACE OF BEGINNING.
CONTAINING 1.72160-ACRES GROSS. SAID AREA SUBJECT TO THE
RIGHTS-OF-WAYS FOR SR0150 AND SR3004.
BEING IDENTIFIED AS "PARCEL DGS\DOC D" ON A PLAN PREPARED BY
SWEETLAND ENGINEERING & ASSOCIATES, INC., AND TITLED "FINAL PLAN
FOR DISPOSITION OF COMMONWEALTH REAL PROPERTY AT THE STATE
CORRECTIONAL INSTITUTION AT ROCKVIEW," DATED FEBRUARY 3, 2011,
AND RECORDED JUNE 29, 2012, IN CENTRE COUNTY PLAT BOOK 86, PAGE
36.
ALSO BEING CENTRE COUNTY TAX PARCEL IDENTIFIER NUMBER 12-
003-,160A,0000-.
(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
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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 IN THIS SECTION IS NOT COMPLETED WITHIN TWO YEARS OF
THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY TO CONVEY THE
PROPERTY AS SET FORTH IN SUBSECTION (A) SHALL EXPIRE AND THE
PROPERTY MAY BE DISPOSED OF IN ACCORDANCE WITH ARTICLE 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 2 13. Repeal.
REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE SECTION 1 OF THIS
ACT.
Section 10 (2) SECTION 10 of the act of November 25,
2020 (P.L.1272, No.135), known as "An act authorizing the
Department of General Services, with the approval of the
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Department of Corrections and the Governor, to grant and
convey to the Schuylkill County Municipal Authority an
easement from lands of the Commonwealth of Pennsylvania at
the State Correctional Institution Mahanoy, situate in
Mahanoy Township, County of Schuylkill, for the purpose of
establishing, utilizing and maintaining water wells and
appurtenances thereto related to potable water production and
distribution for the benefit of customers within the
authority's service territory; authorizing the Department of
General Services, with the approval of the Governor and the
Department of Military and Veterans Affairs, to grant and
convey, at a price to be determined through a competitive bid
process, certain lands, buildings and improvements situate in
Allegheny Township, Blair County; authorizing the Department
of General Services, with the approval of the Governor and
the Department of Military and Veterans Affairs, to grant and
convey, at a price to be determined through a competitive bid
process, certain lands, buildings and improvements situate in
Allegheny Township, Blair County; authorizing the Department
of General Services, with the approval of the Governor and
the Department of Environmental Protection, to take such
action with respect to the Commonwealth's real property
interests in the site commonly known as Penn's Landing to
facilitate the further development plans for the real
property; authorizing the Department of General Services,
with the approval of the Governor and the Pennsylvania
Historical and Museum Commission, to grant and convey to the
Highlands Historical Society, certain lands situate in
Whitemarsh Township, Montgomery County; authorizing the
Department of General Services, with the approval of the
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Department of Human Services and the Governor, to grant and
convey to Bollinger Enterprises, Inc., certain lands situate
in Conewango Township, Warren County; authorizing the
Department of General Services, with the concurrence of the
Department of Environmental Protection, to lease to L-A
Battery, QOZ, LLC land within the bed of the Delaware River
within the City of Philadelphia; authorizing the Department
of General Services, with the approval of the Department of
Transportation and the Governor, to grant and convey to the
Washington Health System, or its assignee, certain lands and
improvements situate partially in the 6th Ward of the City of
Washington and partially in South Strabane Township,
Washington County; authorizing the Department of General
Services, with the approval of the Governor, to grant and
convey to Harry E. Frey, Jr., and Jeffrey L. Frey, a
permanent easement over certain lands of the Commonwealth of
Pennsylvania at Muncy State Correctional Institution situate
in Clinton Township, Lycoming County, for the purpose of
ingress and egress to lands which Harry E. Frey, Jr., and
Jeffrey L. Frey propose to acquire from Harold James
Carpenter and Carlene M. Carpenter; authorizing the
Department of General Services, with the approval of the
Department of Military and Veterans Affairs and the Governor,
to grant and convey, at a price to be determined through a
competitive bid process, certain lands, buildings and
improvements situate in the Borough of West Pittston, Luzerne
County; authorizing the release of Project 70 restrictions on
certain lands owned by Glen Rock Borough, York County, in
return for the development of park and open space lands owned
by Glen Rock Borough, York County; authorizing the Department
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of General Services, with the approval of the Governor, to
grant and convey to Human Services, Inc., certain lands and
improvements situate in the Borough of West Chester, Chester
County; and making a repeal" is repealed.
(3) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (4) IS NECESSARY TO EFFECTUATE SECTION 11 OF THIS
ACT.
(4) SECTION 9 OF THE ACT OF NOVEMBER 25, 2020 (P.L.1272,
NO.135), IS REPEALED.
Section 3 14. Effective date.
This act shall take effect immediately.
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