AN ACT

 

1Authorizing the Department of General Services, with the
2approval of the Governor, to grant and convey, at a price to
3be determined through a competitive bid process, certain
4lands and buildings situate partly in the City of Harrisburg
5and partly in Susquehanna Township, Dauphin County<-; and 
6authorizing the Department of General Services, with the 
7approval of the Governor, to release the educational use 
8restriction and reversionary covenant on property previously 
9conveyed by the Commonwealth of Pennsylvania, through the 
10Department of General Services, to Temple University situate 
11in Cheltenham Township, Montgomery County.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Conveyance in Harrisburg and Susquehanna Township,
15Dauphin County.

16(a) Authorization.--The Department of General Services, with
17the approval of the Governor, is hereby authorized on behalf of
18the Commonwealth of Pennsylvania to grant and convey, at a price
19to be determined through competitive bidding, the land described
20in subsection (b) together with any buildings, structures or
21improvements thereon, situate partly in the City of Harrisburg
22and partly in Susquehanna Township, Dauphin County,

1Pennsylvania.

2(b) Property description.--Except as otherwise provided in
3subsection (c), the property to be conveyed pursuant to this
4section consists of the following described tract or tracts of
5land, and all improvements located thereon, bounded and more
6particularly described as follows:

7ALL THAT CERTAIN tract or tracts of land, and all
8improvements thereon erected, situate partly in the City of
9Harrisburg and partly in Susquehanna Township, Dauphin County,
10known formerly as the Harrisburg State Hospital and Harrisburg
11State Hospital Farm, and now known in part as the DGS Annex
12Complex, and being Dauphin County Tax ID #62-026-004, acquired
13by the Commonwealth of Pennsylvania pursuant to the following
14deeds recorded with the Dauphin County Recorder of Deeds:

15Book Volume B-2, Page 453

16Book Volume C-27, Page 231

17Book Volume C-27, Page 233

18Book Volume C-27, Page 234

19Book Volume C-27, Page 236

20Book Volume C-27, Page 239

21Book Volume C-27, Page 241

22Book Volume D-3, Page 560

23Book Volume H-4, Page 317

24Book Volume H-6, Page 476

25Book Volume L-7, Page 367

26Book Volume L-22, Page 212

27Book Volume N-6, Page 215

28Book Volume N-22, Page 507

29Book Volume P-11, Page 1

30Book Volume Q-22, Page 498

1Book Volume T-2, Page 313

2Book Volume U-6, Page 551

3Book Volume V-6, Page 401

4Book Volume V-8, Page 555

5Book Volume W.B.-N, Page 416

6Book Volume X-25, Page 461

7Book Volume X-6, Page 221

8Book Volume Y-2, Page 333

9LESS AND EXCEPTING all prior conveyances appearing of record.

10(c) Survey required.--The final legal description of the
11property to be sold shall be established by a survey prepared by
12a Pennsylvania-licensed land surveyor under a contract with the
13Department of General Services. The property to be sold shall
14exclude the following Commonwealth-owned facilities, including
15suitable grounds therefore and such easements and other
16appurtenances as are necessary or desirable for the current and
17future operation of such facilities, each of which is currently
18located on a portion of the property:

19(1) Pennsylvania State Police Headquarters.

20(2) Pennsylvania Game Commission Headquarters.

21(3) Pennsylvania Fish and Boat Commission Headquarters.

22(4) Pennsylvania Emergency Management Agency
23Headquarters.

24(5) Department of Agriculture Headquarters.

25(6) Department of Agriculture - Farm Show Complex or
26Parking Facilities.

27(7) Department of Military and Veterans Affairs - 28th
28Division Headquarters.

29(8) Department of Transportation - Materials Testing
30Laboratory.

1(9) Department of Transportation - Vehicle Maintenance
2Facility.

3(10) Pennsylvania Senate and Pennsylvania House of
4Representatives - Mailroom and Print Shop Facility.

5(11) Any other portion of the property required for
6Commonwealth operations as determined by the Department of
7General Services.

8The Department of General Services shall consult with each
9entity having jurisdiction and control over the facilities
10enumerated in this subsection or any other portion of the
11property before establishing final property boundaries to ensure
12that adequate property is retained for current and future
13operations. The subdivision of this property shall be exempt
14from the provisions of the act of July 31, 1968 (P.L.805,
15No.247), known as the Pennsylvania Municipalities Planning Code,
16and local subdivision and land development ordinances.

17(d) Conditions.--The conveyance shall be made under and
18subject to all lawful and enforceable easements, servitudes and
19rights of others, including but not confined to streets,
20roadways and rights of any telephone, telegraph, water,
21electric, gas or pipeline companies, as well as under and
22subject to any lawful and enforceable estates or tenancies
23vested in third persons appearing of record, for any portion of
24the land or improvements erected thereon.

25(e) Licensed facilities prohibited.--Any conveyance
26authorized under this section shall be made under and subject to
27the condition, which shall be contained in the deed of
28conveyance, that no portion of the property conveyed shall be
29used as a licensed facility, as defined in 4 Pa.C.S. § 1103
30(relating to definitions), or any other similar type of facility

1authorized under State law. The condition shall be a covenant
2running with the land and shall be binding upon the Grantee, its
3successors and assigns. Should the Grantee, its successors or
4assigns, permit any portion of the property authorized to be
5conveyed in this act to be used in violation of this subsection,
6the title shall immediately revert to and revest in the Grantor.

7(f) Deed of conveyance.--The deed of conveyance shall be by
8Special Warranty Deed and shall be executed by the Secretary of
9General Services in the name of the Commonwealth of
10Pennsylvania.

11(g) Costs and fees.--Costs and fees incidental to this
12conveyance shall be borne by the Grantee.

13(h) Time period for conveyance.--In the event that the
14Department of General Services does not convey the property
15within ten years of the effective date of this section, the
16authority contained in this section shall become null and void.

17(i) Deposit of proceeds.--The proceeds from the sale shall
18be deposited in the General Fund.

<-19Section 2. Release of educational use restriction in Cheltenham
20Township, Montgomery County.

21(a) Authorization.--The Department of General Services, with
22the approval of the Governor, is hereby authorized on behalf of
23the Commonwealth of Pennsylvania for consideration of $700,000
24to release the educational use restriction and reversionary
25covenant placed on a certain parcel of land, with improvements,
26conveyed to Temple University under the authority of section
272409-A(c) of the act of April 9, 1929 (P.L.177, No.175), known
28as The Administrative Code of 1929. The property to be released
29from the use restriction and reversionary covenant is described
30as follows:

1ALL THAT CERTAIN piece or parcel of ground with the buildings
2and improvements erected thereon, situate in Cheltenham
3Township, Montgomery County, and described according to a Plan
4of Temple University Tyler Art School made by George B. Mebus,
5Inc., Engineers, dated October 8, 1969, as follows to wit:

6BEGINNING at a point on the former center line of Penrose
7Avenue (55 feet wide as widened 5.00 on the Northwesterly side
8from its former width of 50 feet) said point being at a distance
9of 592.96 feet measured North 41 degrees 21 minutes East from a
10point of intersection which the said former center line of
11Penrose Avenue makes with the center line of Beech Avenue (50
12feet wide); thence from the place of BEGINNING and along the
13said former center line of Penrose Avenue 41 degrees 21 minutes
14East 256.00 feet to a point; thence along the Northwesterly line
15of land now or late of Temple University and partly crossing the
16bed of Penrose Avenue South 48 degrees 44 minutes 39 seconds
17East 240.21 feet to a point; thence through land now or late of
18Temple University, of which this is a part, the eight (8)
19following courses and distances (1) South 41 degrees 21 minutes
20West 82.00 feet to a point; thence (2) North 48 degrees 39
21minutes West 16.00 feet to a point; thence (3) South 41 degrees
2221 minutes West 44.90 feet to a point; thence (4) South 48
23degrees 39 minutes East 53.50 feet to a point; thence (5) North
2441 degrees 21 minutes East 25.00 feet to a point; thence (6)
25South 48 degrees 39 minutes East 33.93 feet to a point; thence
26(7) North 41 degrees 21 minutes East 49.74 feet to a point;
27thence (8) South 42 degrees 28 minutes 50 seconds East 221.48
28feet to appoint on the center line of a lane (15 feet wide);
29thence along the center line of the Lane the four (4) following
30courses and distances (1) South 52 degrees 00 minutes West 2.41

1feet to a point; thence (2) South 67 degrees 39 minutes West
290.55 feet to a point; thence (3) South 53 degrees 51 minutes 24
3seconds West 55.20 feet to a point; thence (4) South 44 degrees
454 minutes West 73.35 feet to a point; thence through land now
5or late of Temple University the nine (9) following courses and
6distances (1) North 48 degrees 44 minutes 39 seconds West 188.77
7feet to a point; thence (2) North 41 degrees 21 minutes East
825.00 feet to a point; thence (3) North 48 degrees 44 minutes 39
9seconds West 14.00 feet to a point; thence (4) North 41 degrees
1021 minutes East 32.00 feet to a point; thence (5) North 48
11degrees 44 minutes 39 seconds West 41.00 feet to appoint; thence
12(6) North 41 degrees 21 minutes East 25.00 to a point; thence
13(7) North 48 degrees 44 minutes 39 seconds West 55.00 feet to a
14point; thence (8) South 41 degrees 21 minutes West 51.00 feet to
15a point; thence (9) North 48 degrees 44 minutes 39 seconds West
16and partly re-crossing Penrose Avenue 176.00 feet to a point on
17the aforementioned former center line Penrose Avenue, the place
18of BEGINNING.

19BEING the same property conveyed to Temple University by the
20Commonwealth of Pennsylvania, acting by and through the
21Department of General Services, by its deed, dated February 17,
221998, and recorded in the Montgomery County Recorder of Deeds in
23Deed Book 5222, Page 393.

24(b) Execution of necessary legal instruments.--Any legal
25instruments necessary to release the restrictive covenant and
26reversionary interest shall be executed by the Secretary of
27General Services in the name of the Commonwealth of
28Pennsylvania.

29(c) Costs and fees.--Costs and fees incidental to removing
30the use restriction and reversionary covenant shall be borne by

1Temple University.

2(d) Deposit of proceeds.--The proceeds received by the
3Department of General Services from Temple University for
4consideration of release of the restrictive covenant and
5reversionary interest shall be deposited into the General Fund.

6Section <-3 2. Effective date.

7This act shall take effect immediately.