PRINTER'S NO. 399
No. 394 Session of 1995
INTRODUCED BY GAMBLE, CIVERA, TRELLO, LYNCH, PRESTON, PETTIT,
LAUGHLIN, PESCI, FAJT, READSHAW AND YOUNGBLOOD,
JANUARY 27, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 27, 1995
AN ACT
1 Amending the act of October 23, 1988 (P.L.1059, No.122),
2 entitled "An act amending the act of April 9, 1929 (P.L.177,
3 No.175), entitled 'An act providing for and reorganizing the
4 conduct of the executive and administrative work of the
5 Commonwealth by the Executive Department thereof and the
6 administrative departments, boards, commissions, and officers
7 thereof, including the boards of trustees of State Normal
8 Schools, or Teachers Colleges; abolishing, creating,
9 reorganizing or authorizing the reorganization of certain
10 administrative departments, boards, and commissions; defining
11 the powers and duties of the Governor and other executive and
12 administrative officers, and of the several administrative
13 departments, boards, commissions, and officers; fixing the
14 salaries of the Governor, Lieutenant Governor, and certain
15 other executive and administrative officers; providing for
16 the appointment of certain administrative officers, and of
17 all deputies and other assistants and employes in certain
18 departments, boards, and commissions; and prescribing the
19 manner in which the number and compensation of the deputies
20 and all other assistants and employes of certain departments,
21 boards and commissions shall be determined,' requiring the
22 Auditor General to periodically audit the affairs of the
23 Pennsylvania Turnpike Commission; further providing for
24 powers and duties of the Department of Agriculture relative
25 to the manufacture and use of ethyl alcohol and the
26 transportation of poultry, and for leases of lands and
27 offices by nonprofit corporations to the Commonwealth; making
28 an editorial change; providing for the exemption from taxes
29 of the lease upon the Eastern Pennsylvania Psychiatric
30 Institute; authorizing and directing The General State
31 Authority and the Department of General Services to remove
32 all restrictions or encumbrances on certain land situate in
33 Philadelphia; authorizing and directing the Department of
1 General Services, with the approval of the Governor and the
2 Department of Environmental Resources, to convey certain
3 easements and parcels of land situate in the Borough of New
4 Hope, Bucks County, Pennsylvania, to the River Road
5 Development Corporation, and to accept the conveyance to the
6 Commonwealth of certain parcels of land in the same borough;
7 authorizing the Department of Environmental Resources to
8 accept the conveyance of an easement in the same borough;
9 authorizing and directing the Department of General Services,
10 with the approval of the Governor, to sell and convey a tract
11 of land situate in East Allen Township, Northampton County,
12 Pennsylvania; authorizing and directing the Department of
13 General Services, with the approval of the Governor and the
14 Secretary of Environmental Resources, to sell and convey a
15 certain parcel of land in Erie County, Pennsylvania;
16 authorizing and directing the Department of General Services,
17 with the approval of the Governor and the Department of
18 Transportation, to convey to the county commissioners of
19 Lackawanna County a tract of land situate in the Borough of
20 Moosic, Lackawanna County, Pennsylvania; authorizing and
21 directing the Department of General Services, with the
22 approval of the Governor and the Department of Public
23 Welfare, to convey to Kirwan Heights Volunteer Fire
24 Department a tract of land situate in Collier Township,
25 Allegheny County, Pennsylvania; authorizing and directing the
26 Department of General Services, with the approval of the
27 Governor and the Department of Public Welfare, to convey a
28 tract of land situate in the City of Pittsburgh, Allegheny
29 County, Pennsylvania; authorizing and directing the
30 Department of General Services, with the approval of the
31 Governor, to convey to the Canon-McMillan School District
32 3.109 acres of land, more or less, situate in the Borough of
33 Canonsburg, Washington County, Pennsylvania; and making a
34 repeal," further providing for a conveyance of land to the
35 Kirwan Heights Volunteer Fire Department located in Collier
36 Township, Allegheny County.
37 The General Assembly of the Commonwealth of Pennsylvania
38 hereby enacts as follows:
39 Section 1. Section 9 of the act of October 23, 1988
40 (P.L.1059, No.122), entitled "An act amending the act of April
41 9, 1929 (P.L.177, No.175), entitled 'An act providing for and
42 reorganizing the conduct of the executive and administrative
43 work of the Commonwealth by the Executive Department thereof and
44 the administrative departments, boards, commissions, and
45 officers thereof, including the boards of trustees of State
46 Normal Schools, or Teachers Colleges; abolishing, creating,
47 reorganizing or authorizing the reorganization of certain
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1 administrative departments, boards, and commissions; defining
2 the powers and duties of the Governor and other executive and
3 administrative officers, and of the several administrative
4 departments, boards, commissions, and officers; fixing the
5 salaries of the Governor, Lieutenant Governor, and certain other
6 executive and administrative officers; providing for the
7 appointment of certain administrative officers, and of all
8 deputies and other assistants and employes in certain
9 departments, boards, and commissions; and prescribing the manner
10 in which the number and compensation of the deputies and all
11 other assistants and employes of certain departments, boards and
12 commissions shall be determined,' requiring the Auditor General
13 to periodically audit the affairs of the Pennsylvania Turnpike
14 Commission; further providing for powers and duties of the
15 Department of Agriculture relative to the manufacture and use of
16 ethyl alcohol and the transportation of poultry, and for leases
17 of lands and offices by nonprofit corporations to the
18 Commonwealth; making an editorial change; providing for the
19 exemption from taxes of the lease upon the Eastern Pennsylvania
20 Psychiatric Institute; authorizing and directing The General
21 State Authority and the Department of General Services to remove
22 all restrictions or encumbrances on certain land situate in
23 Philadelphia; authorizing and directing the Department of
24 General Services, with the approval of the Governor and the
25 Department of Environmental Resources, to convey certain
26 easements and parcels of land situate in the Borough of New
27 Hope, Bucks County, Pennsylvania, to the River Road Development
28 Corporation, and to accept the conveyance to the Commonwealth of
29 certain parcels of land in the same borough; authorizing the
30 Department of Environmental Resources to accept the conveyance
19950H0394B0399 - 3 -
1 of an easement in the same borough; authorizing and directing
2 the Department of General Services, with the approval of the
3 Governor, to sell and convey a tract of land situate in East
4 Allen Township, Northampton County, Pennsylvania; authorizing
5 and directing the Department of General Services, with the
6 approval of the Governor and the Secretary of Environmental
7 Resources, to sell and convey a certain parcel of land in Erie
8 County, Pennsylvania; authorizing and directing the Department
9 of General Services, with the approval of the Governor and the
10 Department of Transportation, to convey to the county
11 commissioners of Lackawanna County a tract of land situate in
12 the Borough of Moosic, Lackawanna County, Pennsylvania;
13 authorizing and directing the Department of General Services,
14 with the approval of the Governor and the Department of Public
15 Welfare, to convey to Kirwan Heights Volunteer Fire Department a
16 tract of land situate in Collier Township, Allegheny County,
17 Pennsylvania; authorizing and directing the Department of
18 General Services, with the approval of the Governor and the
19 Department of Public Welfare, to convey a tract of land situate
20 in the City of Pittsburgh, Allegheny County, Pennsylvania;
21 authorizing and directing the Department of General Services,
22 with the approval of the Governor, to convey to the Canon-
23 McMillan School District 3.109 acres of land, more or less,
24 situate in the Borough of Canonsburg, Washington County,
25 Pennsylvania; and making a repeal," is amended to read:
26 Section 9. (a) The Department of General Services, with the
27 approval of the Governor and the Department of Public Welfare,
28 is authorized and directed on behalf of the Commonwealth of
29 Pennsylvania to grant and convey to Kirwan Heights Volunteer
30 Fire Department, for a consideration of $23,500, the following
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1 tract of land situate in Collier Township, Allegheny County,
2 Pennsylvania, described as follows:
3 Beginning at a point in the east right-of-way line of Pa.
4 Route 50 (L.R.108), said point being located 30.00 feet east of
5 center line P.O.C. station 284+20.94 of Pa. Route 50 (L.R.108);
6 thence along said right-of-way by a curve to the left with a
7 radius of 11,429.19 feet and an arc of 33.02 feet to a point on
8 tangent; thence still along said right-of-way north 30 degrees
9 43 minutes 39 seconds east, a distance of 132.15 feet to a
10 point; the P.C. of a curve, curving to the left with a radius of
11 3,304.17 feet and an arc distance of 381.50 feet to a point, the
12 P.R.C. of a curve in the east right-of-way of L.R.108 and the
13 south right-of-way of L.R.802; thence along said curve, curving
14 to the right with a radius of 70.00 feet and an arc distance of
15 61.27 feet to a point in said south right-of-way line of
16 L.R.802; thence leaving said right-of-way and along the west
17 right-of-way of Chartiers Creek by a curve curving to the left
18 with a radius of 1,100.00 feet and an arc distance of 250.25
19 feet to a point of tangent; thence south 00 degrees 33 minutes 6
20 seconds west a distance of 100.31 feet to the P.C. of a curve
21 curving to the right, with a radius of 400.00 feet and an arc
22 distance of 108.11 feet to a point in the north line of the
23 Allegheny County Home right-of-way; thence along said right-of-
24 way north 73 degrees 57 minutes 46 seconds west a distance of
25 35.00 feet to a point, the P.C. of a curve curving to the right,
26 with a radius of 365.00 feet and an arc of 16.00 feet to a point
27 on said curve; thence still along said right-of-way south 74
28 degrees 33 minutes 24 seconds west a distance of 225.83 feet to
29 the point of beginning.
30 Containing 1.305 acres, more or less.
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1 (b) The conveyance shall be made under and subject to all
2 easements, servitudes and rights of others, including, but not
3 confined to, streets, roadways and rights of telephone,
4 telegraph, water, electric, sewer, gas or pipeline companies, as
5 well as under and subject to any interest, estates or tenancies
6 vested in third persons, whether or not appearing of record, for
7 any portion of the land or improvements erected thereon.
8 (c) The deed of conveyance shall contain a clause that the
9 property conveyed shall be used for a volunteer fire station by
10 Kirwan Heights Volunteer Fire Department, and, if at any time
11 the Kirwan Heights Volunteer Fire Department or its successor in
12 function conveys the property or permits the property to be used
13 for any purpose other than those specified in this section, the
14 title to the property shall immediately revert to and revest in
15 the Commonwealth of Pennsylvania.
16 (c.1) (1) The Department of General Services, with the
17 approval of the Governor and the Department of Public
18 Welfare, is authorized and directed on behalf of the
19 Commonwealth of Pennsylvania to execute the appropriate
20 instrument to eliminate or rescind the possibility of
21 reverter described in subsection (c).
22 (2) The consideration for elimination or rescission of
23 the interest of the Commonwealth described in subsection (c)
24 shall be $23,500.
25 (3) The instrument eliminating or rescinding the
26 Commonwealth's interest shall be executed by the Secretary of
27 General Services in the name of the Commonwealth of
28 Pennsylvania.
29 (4) Costs and fees incidental to the transaction
30 authorized by this subsection shall be borne by the Kirwan
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1 Heights Volunteer Fire Department.
2 (d) The deed of conveyance shall be approved as provided by
3 law and shall be executed by the Secretary of General Services
4 in the name of the Commonwealth of Pennsylvania.
5 (e) Costs and fees incidental to [these conveyances] the
6 conveyance shall be borne by the grantees.
7 Section 2. This act shall take effect immediately.
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