PRIOR PRINTER'S NO. 2538
PRINTER'S NO. 2894
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2171
Session of
2021
INTRODUCED BY FRITZ, BERNSTINE, RYAN, WELBY, MILLARD, PEIFER,
KOSIEROWSKI, PENNYCUICK, PICKETT AND ROWE, DECEMBER 15, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 29, 2022
AN ACT
Authorizing the Department of General Services, on behalf of the
Commonwealth, and 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, County of Wayne.
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
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PENNSYLVANIA AT THE STATE CORRECTIONAL INSTITUTION - WAYMART,
SITUATE IN THE TOWNSHIP OF CANAAN AND BOROUGH OF WAYMART,
WAYNE COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE
BERKS COUNTY REDEVELOPMENT AUTHORITY CERTAIN LANDS, BUILDINGS
AND IMPROVEMENTS SITUATE IN THE BOROUGH OF HAMBURG AND
WINDSOR TOWNSHIP, BERKS COUNTY, BEING A PORTION OF THE FORMER
HAMBURG CENTER; 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; 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; AND 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 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
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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.
Section 2. Property description.
The Declaration of Covenant referenced in section 1 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,
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 appoint 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
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(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.
Section 3. 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 Pennsylvania may have with respect
to the Declaration of Covenant referenced in section 1 shall be
executed by the Secretary of General Services in the name of the
Commonwealth of Pennsylvania.
Section 4. Costs and fees.
Any costs and fees incidental to the release hereby
authorized shall be borne by the Waymart Area Historical
Society.
Section 5. Proceeds.
Money received by the Department of General Services for the
quitclaim and release hereby authorized shall be deposited into
the General Fund.
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Section 6. Effective date.
This act shall take effect immediately.
SECTION 1. 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
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:
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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,
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
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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
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 2. 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
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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
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.
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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,
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.
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(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
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
UNDER THIS SECTION SHALL EXPIRE.
SECTION 3. 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
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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,
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
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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
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
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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
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 4. 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
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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
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
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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'
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
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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;
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;
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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
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
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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
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
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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:
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,
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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°
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
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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
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 5. LEASE OF LANDS AT STATE CORRECTIONAL INSTITUTION -
WAYMART IN TOWNSHIP OF CANAAN AND BOROUGH OF WAYMART,
WAYNE COUNTY.
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(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,
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
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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:
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
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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;
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
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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
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 ABOVE DESCRIBED LEASEHOLD CONVEYANCE SHALL BE EXECUTED BY
THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
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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
OPERATED BY THE DEPARTMENT OF CORRECTIONS AND DECLARED SURPLUS
TO ITS NEEDS.
(E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE LEASE
DESCRIBED HEREIN 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
HEREIN SHALL EXPIRE.
SECTION 6. CONVEYANCE IN THE BOROUGH OF HAMBURG AND 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 THE
BERKS COUNTY REDEVELOPMENT AUTHORITY A CERTAIN TRACT OF LAND,
TOGETHER WITH ANY BUILDINGS, STRUCTURES AND IMPROVEMENTS
THEREON, SITUATE IN THE BOROUGH OF HAMBURG AND WINDSOR TOWNSHIP,
BERKS COUNTY, BEING A PORTION OF THE FORMER HAMBURG CENTER, FOR
A PURCHASE PRICE OF $2,725,000, 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 106.65 ACRES, INCLUDING ALL BUILDINGS, STRUCTURES
AND IMPROVEMENTS LOCATED THEREON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE
BOROUGH OF HAMBURG AND WINDSOR TOWNSHIP, COUNTY OF BERKS,
COMMONWEALTH OF PENNSYLVANIA, BEING RESIDUAL LOT 1 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 ON THE RIGHT-OF-WAY LINE OF
PENNSYLVANIA STATE HIGHWAY, S.R. 0078, U.S. ROUTE 22; THENCE
NORTH 65°59'04" EAST A DISTANCE OF 3,644.54 FEET TO A POINT ON
THE RIGHT-OF-WAY LINE OF PENNSYLVANIA STATE HIGHWAY, S.R. 0078,
U.S. ROUTE 22; THENCE ALONG THE LANDS NOW OR FORMERLY OF RICHARD
L. & SUE A. WESSNER THE FOLLOWING FOUR (4) COURSES AND
DISTANCES: SOUTH 49°29'00" WEST A DISTANCE OF 81.77 FEET TO A
POINT; THENCE SOUTH 57°52'52" EAST A DISTANCE OF 32.84 FEET TO A
CONCRETE MONUMENT; THENCE SOUTH 47°23'01" WEST A DISTANCE OF
225.07 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 04°35'24" EAST
A DISTANCE OF 178.96 FEET TO AN IRON PIN; THENCE ALONG THE LANDS
NOW OR FORMERLY OF RICHARD L. & SUE A. WESSNER THE FOLLOWING
THREE (3) COURSES AND DISTANCES: SOUTH 01°06'06" EAST A
DISTANCE OF 321.53 FEET TO AN IRON PIN; THENCE SOUTH 70°07'49"
WEST A DISTANCE OF 63.35 FEET TO AN IRON PIN; THENCE SOUTH
02°50'32" EAST A DISTANCE OF 361.12 FEET TO AN IRON PIN; THENCE
ALONG LOT 5 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 THE FOLLOWING NINE (9)
COURSES AND DISTANCES: NORTH 85°58'09" WEST A DISTANCE OF 739.75
FEET TO AN IRON PIN; THENCE SOUTH 02°20'28" WEST A DISTANCE OF
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224.57 FEET TO AN IRON PIN; THENCE SOUTH 07°43'33" EAST A
DISTANCE OF 134.36 FEET TO AN IRON PIN; THENCE SOUTH 25°20'41"
EAST A DISTANCE OF 267.88 FEET TO AN IRON PIN; THENCE SOUTH
07°47'37" WEST A DISTANCE OF 58.22 FEET TO AN IRON PIN; THENCE
ON A CURVE TO THE LEFT HAVING A RADIUS OF 481.00 FEET, AN ARC
LENGTH OF 89.24 FEET AND HAVING A CHORD BEARING OF SOUTH
02°28'44' WEST A DISTANCE OF 89.11 FEET TO AN IRON PIN; THENCE
SOUTH 02°50'10" EAST A DISTANCE OF 93.34 FEET TO AN IRON PIN;
THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 231.00 FEET, AN
ARC LENGTH OF 121.12 FEET AND HAVING A CHORD BEARING OF SOUTH
17°51'25" EAST A DISTANCE OF 119.74 FEET TO AN IRON PIN; THENCE
SOUTH 32°52'39" EAST A DISTANCE OF 119.05 FEET TO A CONCRETE
MONUMENT ON THE RIGHT-OF-WAY LINE OF S.R. 4028 (OLD 22); THENCE
ALONG THE RIGHT-OF-WAY LINE OF S.R. 4028 (OLD 22) SOUTH
53°45'21" WEST A DISTANCE OF 751.63 FEET TO A POINT; THENCE
ALONG THE SAME SOUTH 53°42'41" WEST A DISTANCE OF 350.00 FEET TO
A POINT AT THE INTERSECTION OF THE RIGHT-OF-WAY LINE OF S.R.
4028 (OLD 22) AND A 60 FOOT PRIVATE RIGHT-OF-WAY; THENCE
CROSSING ALONG THE RIGHT-OF-WAY OF S.R. 4028 (OLD 22), CROSSING
OVER THE 60' PRIVATE RIGHT-OF-WAY, SOUTH 53°42'41" WEST A
DISTANCE OF 82.71 FEET TO A POINT ON THE INTERSECTION OF THE
RIGHT-OF-WAY LINE FOR S.R. 4028 (OLD 22) AND THE 60' PRIVATE
RIGHT-OF-WAY; THENCE ALONG LOT 3 OF THE ABOVE MENTIONED
SUBDIVISION PLAN THE FOLLOWING EIGHT (8) COURSES AND DISTANCES:
ON A CURVE TO THE LEFT HAVING A RADIUS OF 10.00 FEET, AN ARC
LENGTH OF 13.14 FEET AND A CHORD BEARING OF SOUTH 16°03'56" WEST
A DISTANCE OF 12.22 FEET TO A POINT; THENCE NORTH 21°34'50" WEST
A DISTANCE OF 46.34 FEET (ERRONEOUSLY DESCRIBED ON PLAN AS 37.36
FEET) TO A POINT; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS
OF 455.00 FEET, AN ARC LENGTH OF 181.04 FEET AND A CHORD BEARING
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OF NORTH 10°10'55" WEST A DISTANCE OF 179.85 FEET TO AN IRON
PIN; THENCE NORTH 88°46'59" WEST A DISTANCE OF 150.00 FEET TO AN
IRON PIN; THENCE NORTH 81°10'04" WEST A DISTANCE OF 147.23 FEET
TO AN IRON PIN; THENCE SOUTH 58°07'13" WEST A DISTANCE OF 44.61
FEET TO AN IRON PIN; THENCE SOUTH 31°52'47" EAST A DISTANCE OF
68.41 FEET TO AN IRON PIN; THENCE SOUTH 58°07'13" WEST A
DISTANCE OF 109.23 FEET (ERRONEOUSLY DESCRIBED AS SOUTH
74°33'01" WEST A DISTANCE OF 150.31 FEET ON PLAN) TO AN IRON
PIN; THENCE ALONG LOT 4 OF THE ABOVE MENTIONED SUBDIVISION PLAN
SOUTH 58°07'13" WEST A DISTANCE OF 233.22 FEET (ERRONEOUSLY
DESCRIBED AS 342.45 FEET ON PLAN) TO AN IRON PIN; THENCE ALONG
THE SAME SOUTH 67°24'11" WEST A DISTANCE OF 396.02 FEET TO AN
IRON PIN; THENCE ALONG THE LANDS NOW OR FORMERLY OF KARPENKO
FAMILY TRUST NORTH 30°40'06" WEST A DISTANCE OF 656.99 FEET TO
AN IRON PIN; THENCE ALONG THE SAME THE FOLLOWING THREE (3)
COURSES AND DISTANCES: NORTH 25°26'29" WEST A DISTANCE OF 216.90
FEET TO AN IRON PIN; THENCE SOUTH 86°39'07" WEST A DISTANCE OF
97.48 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 67°06'02" WEST A
DISTANCE OF 292.35 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE
LANDS NOW OR FORMERLY OF THE BOROUGH OF HAMBURG NORTH 09°18'19"
EAST A DISTANCE OF 318.86 FEET TO A CONCRETE MONUMENT; THENCE
ALONG THE SAME NORTH 16°56'21" EAST A DISTANCE OF 196.56 FEET TO
A CONCRETE MONUMENT; THENCE ALONG THE LANDS NOW OR FORMERLY OF
THE RAILROAD THE FOLLOWING FIVE (5) COURSES AND DISTANCES: SOUTH
41°46'56" EAST A DISTANCE OF 163.75 FEET TO A CONCRETE MONUMENT;
THENCE NORTH 74°48'37" EAST A DISTANCE OF 69.80 FEET TO AN IRON
PIN; THENCE NORTH 04°30'42" WEST A DISTANCE OF 341.39 FEET TO AN
IRON PIN; THENCE SOUTH 74°05'41" WEST A DISTANCE OF 34.70 FEET
TO AN IRON PIN; THENCE NORTH 30°14'54" WEST A DISTANCE OF 126.81
FEET TO AN IRON PIN ON THE RIGHT-OF-WAY LINE OF PENNSYLVANIA
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STATE HIGHWAY, S.R. 0078, U.S. ROUTE 22, THE PLACE OF BEGINNING.
CONTAINING: 4,645,590.57 SQUARE FEET OR 106.65 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
LENGTH OF 34.50 FEET AND A CHORD BEARING OF SOUTH 19°24'30" EAST
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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 FROM RESIDUAL LOT 1 A 60' RIGHT-OF-
WAY TO PROVIDE ACCESS FOR LOT 5 AND RESIDUAL LOT 1, 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 AT THE SOUTHWEST CORNER
OF LOT 5; THENCE SOUTH 53°45'22" WEST A DISTANCE OF 60.10 FEET
TO A POINT; THENCE NORTH 32°52'39 WEST A DISTANCE OF 122.58 FEET
TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
291.00 FEET, AN ARC LENGTH OF 152.58 FEET AND A CHORD BEARING OF
NORTH 17°51'25" WEST A DISTANCE OF 150.84 FEET TO A POINT;
THENCE NORTH 02°50'10" WEST A DISTANCE OF 93.34 FEET TO A POINT;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 541.00
FEET, AN ARC LENGTH OF 100.37 FEET AND A CHORD BEARING OF NORTH
02°28'44" EAST A DISTANCE OF 100.22 FEET TO A POINT; THENCE
NORTH 07°47'37" EAST A DISTANCE OF 40.37 FEET TO A POINT; THENCE
NORTH 25°20'41" WEST A DISTANCE OF 250.02 FEET TO A POINT;
THENCE NORTH 64°39'20" EAST A DISTANCE OF 60.00 FEET TO A POINT;
THENCE SOUTH 25°20'41" EAST A DISTANCE OF 267.88 FEET TO A
POINT; THENCE SOUTH 07°47'37" WEST A DISTANCE OF 58.22 FEET TO A
POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
481.00 FEET, AN ARC LENGTH OF 89.24 FEET AND A CHORD BEARING OF
SOUTH 02°28'44" WEST A DISTANCE OF 89.11 FEET TO A POINT; THENCE
SOUTH 02°50'10" EAST A DISTANCE OF 93.34 FEET TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 231.00 FEET, AN ARC
LENGTH OF 121.12 FEET AND A CHORD BEARING OF SOUTH 17°51'25"
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EAST A DISTANCE OF 119.74 FEET TO A POINT; THENCE SOUTH
32°52'39" EAST A DISTANCE OF 119.05 FEET TO A CONCRETE MONUMENT,
THE PLACE OF BEGINNING.
ALSO EXCEPTING AND RESERVING FROM RESIDUAL LOT 1 A 60' RIGHT-
OF-WAY TO PROVIDE ACCESS FOR LOT 3, LOT 4 AND RESIDUAL LOT 1, 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 A
POINT; THENCE NORTH 21°34'50" WEST A DISTANCE OF 37.36 FEET TO A
POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
455.00 FEET, AN ARC LENGTH OF 34.50 FEET AND A CHORD BEARING OF
NORTH 19°24'30" WEST A DISTANCE OF 34.49 FEET TO A POINT; THENCE
NORTH 72°45'50" EAST A DISTANCE OF 60.00 FEET TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 395.00 FEET, AN ARC
LENGTH OF 29.95 FEET AND A CHORD BEARING OF SOUTH 19°24'30" EAST
A DISTANCE OF 29.94 FEET TO A POINT; THENCE SOUTH 21°34'50" EAST
A DISTANCE OF 25.34 FEET TO A POINT; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 10.00 FEET, AN ARC LENGTH OF 18.27 FEET
AND A CHORD BEARING OF SOUTH 73°56'04" EAST A DISTANCE OF 15.84
FEET TO A POINT ON THE RIGHT-OF-WAY OF S.R. 4028 (OLD 22);
THENCE FOLLOWING SAID RIGHT-OF-WAY SOUTH 53°42'42" WEST A
DISTANCE OF 82.71 FEET TO A CONCRETE MONUMENT; THE PLACE OF
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BEGINNING.
BEING PART OF PIN 449514431213.
BEING A PART OF THE SAME PREMISES THAT SARAH STINE, WIDOW, ET
AL, CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA, BY DEED DATED
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.--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) DEED.--THE CONVEYANCE SHALL BE MADE BY SPECIAL WARRANTY
DEED TO BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE
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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 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.
(H) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 7. 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
HAMBURG CENTER, FOR $232,000, 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 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
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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-
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
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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
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
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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
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.
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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.--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) 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
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CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(G) 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.
(H) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
SECTION 8. 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 HEREIN 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 9. 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 10. 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 FOLLOWING TRACTS OF LAND, TOGETHER WITH
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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
EAST FIVE HUNDRED SEVENTY FIVE AND SIX TENTHS (575.6) FEET MORE
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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-
THREE AND FIVE TENTHS FEET (33.5) TO A POINT; THENCE, RECROSSING
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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
FORMERLY GOMER W. MORGAN, ET UX, SOUTH 41° 30' EAST, A DISTANCE
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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
FEET, MORE OR LESS, TO A POINT;
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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
THIS SECTION SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION,
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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
SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
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(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 11. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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