SENATE AMENDED
PRIOR PRINTER'S NOS. 3641, 4176 | PRINTER'S NO. 4274 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 2310 | Session of 2014 |
INTRODUCED BY SONNEY, DAY, JAMES, LUCAS, MAJOR, MILLARD, MURT, READSHAW, VEREB, KULA, BENNINGHOFF, ROAE, FLECK, BIZZARRO AND BROOKS, JUNE 3, 2014
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 7, 2014
AN ACT
<-1Authorizing Amending the act of July 2, 2014 (P.L.881, No.100),
2entitled "An act authorizing the Department of General
3Services to survey certain lands and buildings situate partly
4in the City of Harrisburg and partly in Susquehanna Township,
5Dauphin County; authorizing the Department of Transportation,
6with the approval of the Governor, to grant and convey to
7East Liberty Development Corporation certain lands and
8improvements situate in the City of Pittsburgh, Allegheny
9County; authorizing and directing the Department of General
10Services, with the approval of the Department of Military and
11Veterans Affairs and the Governor, to grant and convey, at a
12price to be determined through a competitive bid process,
13certain lands, buildings and improvements situate in the City
14of Pittsburgh, Allegheny County, and the Borough of Pine
15Grove, Schuylkill County; authorizing the Department of
16General Services, with the approval of the Governor to remove
17and release the restrictive use covenants imposed on certain
18real property situate in the Borough of Blossburg, Tioga
19County; authorizing the Department of General Services, with
20the approval of the Department of Labor and Industry and the
21Governor, to grant and convey to the Coatesville Area Senior
22Center, or its successors or assigns, certain lands,
23buildings and improvements situate in the City of
24Coatesville, Chester County; authorizing the Department of
25General Services, with the approval of the Governor, to grant
26and convey to the Philadelphia Technician Training School
27certain lands situate in the City of Philadelphia,
28Philadelphia County; authorizing the Department of General
29Services, with the approval of the Pennsylvania Historical
30and Museum Commission and the Governor, to grant and convey
31to Fort LeBoeuf Historical Society certain lands situate in
32the Borough of Waterford, Erie County; authorizing and
1directing the Department of General Services, with the
2approval of Millersville University of Pennsylvania of the
3State System of Higher Education and the Governor, to grant
4and convey to Penn Manor School District certain lands
5situate in the Borough of Millersville, Lancaster County, and
6further authorizing and directing the Department of General
7Services to accept, in exchange, a conveyance of certain
8lands situate in the Borough of Millersville, Lancaster
9County, from the Penn Manor School District; authorizing the
10Department of General Services, with the approval of the
11Governor, to remove and release the restrictive use and
12reversionary covenants imposed on certain real property
13situate in the City of Scranton, Lackawanna County; partially
14removing and releasing restrictive use covenants on certain
15lands situate in Benner Township, Centre County; and
16authorizing the Department of General Services, with the
17approval of the Attorney General and the concurrence of the
18Department of Environmental Protection, to lease to the City
19of Philadelphia land within the bed of the Delaware River
20within the City of Philadelphia," reenacting provisions
21authorizing the Department of General Services, with the
22approval of the Pennsylvania Historical and Museum Commission
23and the Governor, to grant and convey to the Fort LeBoeuf
24Historical Society certain lands, known as Washington
25Monument Park, Judson House and Fort LeBoeuf Museum, situate
26in the Borough of Waterford, Erie County<-.; authorizing the
27Department of General Services, with the approval of the
28Department of Environmental Protection and the Governor, to
29grant and convey to Centura Development Co., Inc. a vacant
30parcel of land situate in Old Lycoming Township, Lycoming
31County; AND authorizing the Department of General Services,<-
32with the approval of the Governor, to grant and convey to the
33Erie Convention Center Authority, or its assigns, an ingress
34and egress easement from lands of the Commonwealth of
35Pennsylvania at the Warner Theater Historical Site situate in
36the City of Erie, Erie County.; AUTHORIZING THE<- dEPARTMENT OF
37gENERAL sERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
38AND CONVEY TO EAST ALLEN TOWNSHIP, OR ITS ASSIGNS, CERTAIN
39LANDS SITUATE IN THE TOWNSHIP OF EAST ALLEN, NORTHAMPTON
40COUNTY; and authorizing the Department of General Services,
41with the approval of the Department of Agriculture and the
42Governor, to grant and convey to D&I Silica LLC, or its
43assigns, an egress easement through lands of the Commonwealth
44of Pennsylvania situate in the Township of Tunkhannock,
45County of Wyoming.
46The General Assembly of the Commonwealth of Pennsylvania
47hereby enacts as follows:
<-48Section 1. The title of the act of July 2, 2014 (P.L.881,
49No.100), entitled "An act authorizing the Department of General
50Services to survey certain lands and buildings situate partly in
51the City of Harrisburg and partly in Susquehanna Township,
52Dauphin County; authorizing the Department of Transportation,
1with the approval of the Governor, to grant and convey to East
2Liberty Development Corporation certain lands and improvements
3situate in the City of Pittsburgh, Allegheny County; authorizing
4and directing the Department of General Services, with the
5approval of the Department of Military and Veterans Affairs and
6the Governor, to grant and convey, at a price to be determined
7through a competitive bid process, certain lands, buildings and
8improvements situate in the City of Pittsburgh, Allegheny
9County, and the Borough of Pine Grove, Schuylkill County;
10authorizing the Department of General Services, with the
11approval of the Governor to remove and release the restrictive
12use covenants imposed on certain real property situate in the
13Borough of Blossburg, Tioga County; authorizing the Department
14of General Services, with the approval of the Department of
15Labor and Industry and the Governor, to grant and convey to the
16Coatesville Area Senior Center, or its successors or assigns,
17certain lands, buildings and improvements situate in the City of
18Coatesville, Chester County; authorizing the Department of
19General Services, with the approval of the Governor, to grant
20and convey to the Philadelphia Technician Training School
21certain lands situate in the City of Philadelphia, Philadelphia
22County; authorizing the Department of General Services, with the
23approval of the Pennsylvania Historical and Museum Commission
24and the Governor, to grant and convey to Fort LeBoeuf Historical
25Society certain lands situate in the Borough of Waterford, Erie
26County; authorizing and directing the Department of General
27Services, with the approval of Millersville University of
28Pennsylvania of the State System of Higher Education and the
29Governor, to grant and convey to Penn Manor School District
30certain lands situate in the Borough of Millersville, Lancaster
1County, and further authorizing and directing the Department of
2General Services to accept, in exchange, a conveyance of certain
3lands situate in the Borough of Millersville, Lancaster County,
4from the Penn Manor School District; authorizing the Department
5of General Services, with the approval of the Governor, to
6remove and release the restrictive use and reversionary
7covenants imposed on certain real property situate in the City
8of Scranton, Lackawanna County; partially removing and releasing
9restrictive use covenants on certain lands situate in Benner
10Township, Centre County; and authorizing the Department of
11General Services, with the approval of the Attorney General and
12the concurrence of the Department of Environmental Protection,
13to lease to the City of Philadelphia land within the bed of the
14Delaware River within the City of Philadelphia," is amended to
15read:
16AN ACT
17Authorizing the Department of General Services to survey certain
18lands and buildings situate partly in the City of Harrisburg
19and partly in Susquehanna Township, Dauphin County;
20authorizing the Department of Transportation, with the
21approval of the Governor, to grant and convey to East Liberty
22Development Corporation certain lands and improvements
23situate in the City of Pittsburgh, Allegheny County;
24authorizing and directing the Department of General Services,
25with the approval of the Department of Military and Veterans
26Affairs and the Governor, to grant and convey, at a price to
27be determined through a competitive bid process, certain
28lands, buildings and improvements situate in the City of
29Pittsburgh, Allegheny County, and the Borough of Pine Grove,
30Schuylkill County; authorizing the Department of General
1Services, with the approval of the Governor to remove and
2release the restrictive use covenants imposed on certain real
3property situate in the Borough of Blossburg, Tioga County;
4authorizing the Department of General Services, with the
5approval of the Department of Labor and Industry and the
6Governor, to grant and convey to the Coatesville Area Senior
7Center, or its successors or assigns, certain lands,
8buildings and improvements situate in the City of
9Coatesville, Chester County; authorizing the Department of
10General Services, with the approval of the Governor, to grant
11and convey to the Philadelphia Technician Training School
12certain lands situate in the City of Philadelphia,
13Philadelphia County; authorizing the Department of General
14Services, with the approval of the Pennsylvania Historical
15and Museum Commission and the Governor, to grant and convey
16to Fort LeBoeuf Historical Society certain lands situate in
17the Borough of Waterford, Erie County; authorizing and
18directing the Department of General Services, with the
19approval of Millersville University of Pennsylvania of the
20State System of Higher Education and the Governor, to grant
21and convey to Penn Manor School District certain lands
22situate in the Borough of Millersville, Lancaster County, and
23further authorizing and directing the Department of General
24Services to accept, in exchange, a conveyance of certain
25lands situate in the Borough of Millersville, Lancaster
26County, from the Penn Manor School District; authorizing the
27Department of General Services, with the approval of the
28Governor, to remove and release the restrictive use and
29reversionary covenants imposed on certain real property
30situate in the City of Scranton, Lackawanna County; partially
1removing and releasing restrictive use covenants on certain
2lands situate in Benner Township, Centre County; [and]
3authorizing the Department of General Services, with the
4approval of the Attorney General and the concurrence of the
5Department of Environmental Protection, to lease to the City
6of Philadelphia land within the bed of the Delaware River
7within the City of Philadelphia[.]; authorizing the
8Department of General Services, with the approval of the
9Department of Environmental Protection and the Governor, to
10grant and convey to Centura Development Co., Inc. a vacant
11parcel of land situate in Old Lycoming Township, Lycoming
12County; <-and authorizing the Department of General Services,
13with the approval of the Governor, to grant and convey to the
14Erie Convention Center Authority, or its assigns, an ingress
<-15and egress easement from lands of the Commonwealth of
16Pennsylvania at the Warner Theater Historical Site situate in
17the City of Erie, Erie County.; AUTHORIZING THE<- DEPARTMENT OF
18GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
19AND CONVEY TO EAST ALLEN TOWNSHIP, OR ITS ASSIGNS, CERTAIN
20LANDS SITUATE IN THE TOWNSHIP OF EAST ALLEN, NORTHAMPTON
21COUNTY.; and authorizing the Department of General Services,
22with the approval of the Department of Agriculture and the
23Governor, to grant and convey to D&I Silica LLC, or its
24assigns, an egress easement through lands of the Commonwealth
25of Pennsylvania situate in the Township of Tunkhannock,
26County of Wyoming.
27Section 2. Sections 8, 9 and 10 of the act are reenacted to
28read:
29Section <-1 8. Conveyance of Washington Monument Park in the
30Borough of Waterford, Erie County.
1(a) Authorization.--The Department of General Services, with
2the approval of the Pennsylvania Historical and Museum
3Commission and the Governor, is hereby authorized on behalf of
4the Commonwealth of Pennsylvania to grant and convey to the Fort
5LeBoeuf Historical Society certain lands and any improvements
6thereon <-described in subsection (b), the property being known
7locally as the Washington Monument Park, situate in the Borough
8of Waterford, Erie County, for $1.
9(b) <-Property description Description of property.--The
10property to be conveyed pursuant to subsection (a) this section<-
11consists of approximately 0.104-acres, including any
12improvements located thereon, more particularly described as
13follows:
14Tract 1
15ALL THAT CERTAIN piece or parcel of land situate in the
16Borough of Waterford, County of Erie, and Commonwealth of
17Pennsylvania, bounded and described as follows, to wit:
18BEGINNING at a point fifty (50) feet west of the west line of
19High Street and twenty (20) feet north of the north line of
20First Alley; thence southwardly, parallel with High Street, four
21(4) feet and eight (8) inches to a point; thence eastwardly and
22parallel with First Alley, four (4) feet and eight (8) inches to
23a point; thence northerly and parallel with High Street, four
24(4) feet and eight (8) inches to a point; thence westwardly,
25parallel with First Alley, four (4) feet and eight (8) inches to
26the place of BEGINNING.
27BEING the same property conveyed to the Commonwealth of
28Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
29American Colonists, by deed dated April 11, 1945, and recorded
30in Erie County Deed Book No. 454, Page 396.
1Tract 2
2ALL THAT CERTAIN piece or lot of land situated in the Borough
3of Waterford, in the County of Erie, and Commonwealth of
4Pennsylvania, bounded and described as follows, to wit:
5COMMENCING at the southeast corner of what is N/F known as
6the Eagle Hotel Lot on High Street; thence westwardly along
7same, eighty-two and one-half (82 1/2) feet; thence southwardly
8along said lot and parallel with High Street, fifty-five (55)
9feet to First Alley; thence eastwardly, eighty-two and one-half
10(82 1/2) feet to High Street; thence along High Street
11northwardly, fifty-five (55) feet to the PLACE OF BEGINNING.
12BEING the same property conveyed to the Commonwealth of
13Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
14American Colonists, by deed dated August 16, 1950, and recorded
15in Erie County in Deed Book 573, Page 131.
16EXCEPTING THEREFROM, however, a piece of land four (4) feet
17and eight (8) inches square, heretofore conveyed by the Fort
18LeBoeuf Chapter, Daughters of the American Colonists, to the
19Commonwealth of Pennsylvania, by deed dated April 11, 1945, and
20recorded in Deed Book 454, Page 396.
21Being Parcel ID #46-9-57-2
22(c) <-Easements Conditions.--The conveyance shall be made
23under and subject to all lawful and enforceable easements,
24servitudes and rights of others, including, but not confined to,
25streets, roadways and rights of any telephone, telegraph, water,
26electric, gas or pipeline companies, as well as under and
27subject to any lawful and enforceable estates or tenancies
28vested in third persons appearing of record, for any portion of
29the land or improvements erected thereon.
30(d) <-Condition Gaming restriction.--Any conveyance authorized
1under this section shall be made under and subject to the
2condition, which shall be contained in the deed of conveyance,
3that no portion of the property conveyed shall be used as a
4licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to
5definitions), or any other similar type of facility authorized
6under State law. The condition shall be a covenant running with
7the land and shall be binding upon the <-Grantee grantee and its
8successors. Should the Grantee grantee, or its successors,<-
9permit any portion of the property authorized to be conveyed in
10this section to be used in violation of this subsection, the
11title shall immediately revert to and revest in the <-Grantor
12grantor.<-
13(e) Restrictive covenants.--The following restrictive
14covenants shall be included in the deed of conveyance:
15Declaration of Covenants
16Washington Monument Park
17Borough of Waterford, Erie County, Pennsylvania
<-18I. Covenants.
<-19(1) Covenants.
20a. (a)<- The deed of transfer of this property, which
21property shall hereinafter be described in this agreement
22as "Washington Monument Park," shall contain the following
23language: "Fort LeBoeuf Historical Society and its
24successors, (hereafter referred to as "FLHS") covenants
25and agrees to assume responsibility for the maintenance,
26preservation, and administration of the property in a
27manner that is satisfactory to the Pennsylvania Historical
28and Museum Commission ("Commission") for a demonstrable
29public benefit in perpetuity<-;, under and subject to the
30condition that the buildings and lands conveyed herein
1shall be accessible to the public."
<-2b. (b) The provisions of these covenants, hereinafter
3expressed as covenants running with the land, are herein
4set forth so as to ensure the maintenance and preservation
5of the qualities, natural resources and historical
6characteristics of Washington Monument Park.
<-7II. Standards for Historic Preservation.
<-8(2) Standards for Historic Preservation.
9a. (a) <-Washington Monument Park shall be maintained and
10preserved in accordance with the Secretary of the
11Interior's Standards for the Treatment of Historic
12Properties.
<-13b. (b) No construction, alteration, rehabilitation,
14remodeling, demolition, site development, ground
15disturbance<-, or other action shall be undertaken or
16permitted to said property without the prior written
17permission from the Commission.
<-18c. (c) Prior to the commencement of work, FLHS agrees to
19notify, in writing, the Commission of all such work on
20said property in advance.
21d. (d) The Commission will be given <-forty-five (45) 45
22days from receipt of the notice (sent via certified mail)
23to review and approve in writing the appropriateness of
24said work. If no response is provided within <-forty-five
25(45) <-45 days, consent shall be implied.
26III. Requirements and Standards for Archaeological<-
27Investigation.
<-28(3) Requirements and Standards for Archaeological
29Investigation.
<-30a. (a) For work that involves ground disturbance, the
1Commission may require archaeological investigation, for
2which FLHS shall have financial responsibility.
<-3b. (b) In the event that archaeological materials are
4discovered during ground-disturbing activities, work shall
5temporarily cease, and the Commission shall be consulted
6for instructions prior to proceeding with the work.
<-7c. (c) Any archaeological work shall be conducted in
8accordance with the Secretary of the Interior's Standards
9and Guidelines for Archaeological Documentation (48FR
10447344-37) and any such standards and guidelines as the
11Commission may specify.
<-12IV. Access.
<-13(4) Access.
14a. (a)<- FLHS shall allow the Commission, at all
15reasonable times and upon reasonable advance notice to
16FLHS, access to inspect said property to ensure compliance
17with this preservation covenant.
<-18V. Right of Reverter.
<-19(5) Right of Reverter.
20a. (a)<- The deed of conveyance shall contain a clause
21that the title to the property shall immediately revert to
22and revest in the Commonwealth should FLHS sell or
23transfer the property or permit the property to be used
24for any purpose other than as a museum, or related
25business and/or curatorial offices, for any length of
26time.
<-27b. (b) FLHS may petition the Commission for a waiver of
28this provision if a proposed usage would meet the spirit
29of this agreement.
<-30c. (c) The Commission must specifically approve any
1waiver of this provision.
<-2VI. Binding in Perpetuity.
<-3(6) Binding in Perpetuity.
4a. (a) T<-his covenant is binding on FLHS and its
5successors in perpetuity.
<-6b. (b) This covenant shall be binding servitude upon the
7property and shall be deemed to run with the land.
<-8c. (c) Execution of this covenant shall constitute
9evidence that FLHS agrees to be bound by the foregoing
10conditions and restrictions and to perform the obligations
11herein set forth.
12(f) Deed of conveyance.--The deed of conveyance shall be
13executed by the Secretary of General Services in the name of the
14Commonwealth of Pennsylvania.
15(g) Costs and fees.--Costs and fees incidental to this
16conveyance shall be borne by the <-Grantee grantee.
17(h) Expiration.--In the event that the conveyance is not
18effectuated within one year of the effective date of this
19section, the authority contained in this section shall expire.
<-20Section 9. Conveyance of Fort LeBoeuf Museum in Borough of
21Waterford, Erie County.
22(a) Authorization.--The Department of General Services, with
23the approval of the Pennsylvania Historical and Museum
24Commission and the Governor, is hereby authorized on behalf of
25the Commonwealth of Pennsylvania to grant and convey to the Fort
26LeBoeuf Historical Society certain lands and any improvements
27thereon described in subsection (b), the property being known
28locally as the Fort LeBoeuf Museum, situate in the Borough of
29Waterford, Erie County, for $1.
30(b) Description of property.--The property to be conveyed
1pursuant to this section consists of approximately 1.17 acres,
2including any improvements located thereon, more particularly
3described as follows:
4ALL THAT CERTAIN piece or parcel of land situate in the
5Borough of Waterford, Erie County, Pennsylvania, being a
6rectangle 155 feet by 330 feet, on the east side of High Street
7(Route #19), bounded by First Alley, Cherry Street (unopened)
8and Water Street (unopened).
9BEING the same piece or parcel of land acquired by the
10Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
11filed in the Office of the Prothonotary of the Court of Common
12Pleas of Erie County on September 30, 1968, at No. 2782 A Term
131968, with a notice of the Declaration of Taking recorded at the
14Office of the Recorder of Deeds of Erie County at Book 990, Page
1584.
16BEING Parcel ID #46-9-58-4.
17(c) 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(d) Gaming restriction.--Any conveyance authorized under
26this section shall be made under and subject to the condition,
27which shall be contained in the deed of conveyance, that no
28portion of the property conveyed shall be used as a licensed
29facility, as defined in 4 Pa.C.S. § 1103 (relating to
30definitions), or any other similar type of facility authorized
1under State law. The condition shall be a covenant running with
2the land and shall be binding upon the grantee and its
3successors. Should the grantee, or its successors, permit any
4portion of the property authorized to be conveyed in this
5section to be used in violation of this subsection, the title
6shall immediately revert to and revest in the grantor.
7(e) Restrictive covenant.--The following restrictive
8covenants shall be included in the deed of conveyance:
9Declaration of Covenants
10Fort LeBoeuf Museum
11Borough of Waterford, Erie County, Pennsylvania
12(1) Covenants.
13(a) The deed of transfer of this property, which
14property shall hereinafter be described in this
15agreement as "Fort LeBoeuf Museum," shall contain the
16following language: "Fort LeBoeuf Historical Society
17and its successors, (hereafter referred to as "FLHS")
18covenants and agrees to assume responsibility for the
19maintenance, preservation, and administration of the
20property in a manner that is satisfactory to the
21Pennsylvania Historical and Museum Commission
22("Commission") for a demonstrable public benefit in
23perpetuity, under and subject to the condition that
24the buildings and lands conveyed herein shall be
25accessible to the public."
26(b) The provisions of these covenants, hereinafter
27expressed as covenants running with the land, are
28herein set forth so as to ensure the maintenance and
29preservation of the qualities, natural resources and
30historical characteristics of Fort LeBoeuf Museum.
1(2) Standards for Historic Preservation.
2(a) Fort LeBoeuf Museum shall be maintained and
3preserved in accordance with the Secretary of the
4Interior's Standards for the Treatment of Historic
5Properties.
6(b) No construction, alteration, rehabilitation,
7remodeling, demolition, site development, ground
8disturbance or other action shall be undertaken or
9permitted to said property without the prior written
10permission from the Commission.
11(c) Prior to the commencement of work, FLHS agrees to
12notify, in writing, the Commission of all such work
13on said property in advance.
14(d) The Commission will be given 45 days from receipt of
15the notice (sent via certified mail) to review and
16approve in writing the appropriateness of said work.
17If no response is provided within 45 days, consent
18shall be implied.
19(3) Requirements and Standards for Archaeological
20Investigation.
21(a) For work that involves ground disturbance, the
22Commission may require archaeological investigation,
23for which FLHS shall have financial responsibility.
24(b) In the event that archaeological materials are
25discovered during ground-disturbing activities, work
26shall temporarily cease, and the Commission shall be
27consulted for instructions prior to proceeding with
28the work.
29(c) Any archaeological work shall be conducted in
30accordance with the Secretary of the Interior's
1Standards and Guidelines for Archaeological
2Documentation (48FR 447344-37) and any such standards
3and guidelines as the Commission may specify.
4(4) Access.
5FLHS shall allow the Commission, at all reasonable times
6and upon reasonable advance notice to FLHS, access to
7inspect said property to ensure compliance with this
8preservation covenant.
9(5) Right of Reverter.
10(a) The deed of conveyance shall contain a clause that
11the title to the property shall immediately revert to
12and revest in the Commonwealth should FLHS sell or
13transfer the property or permit the property to be
14used for any purpose other than as a museum, or
15related business and/or curatorial offices, for any
16length of time.
17(b) FLHS may petition the Commission for a waiver of
18this provision if a proposed usage would meet the
19spirit of this agreement.
20(c) The Commission must specifically approve any waiver
21of this provision.
22(6) Binding in Perpetuity.
23(a) This covenant is binding on FLHS and its successors
24in perpetuity.
25(b) This covenant shall be binding servitude upon the
26property and shall be deemed to run with the land.
27(c) Execution of this covenant shall constitute evidence
28that FLHS agrees to be bound by the foregoing
29conditions and restrictions and to perform the
30obligations herein set forth.
1(f) Deed of conveyance.--The deed of conveyance shall be
2executed by the Secretary of General Services in the name of the
3Commonwealth of Pennsylvania.
4(g) Costs and fees.--Costs and fees incidental to this
5conveyance shall be borne by the grantee.
6(h) Expiration.--In the event that the conveyance is not
7effectuated within one year of the effective date of this
8section, the authority contained in this section shall expire.
9Section <-2 10. Conveyance of Judson House in the Borough of
10Waterford, Erie County.
11(a) Authorization.--The Department of General Services, with
12the approval of <-the Governor and the Pennsylvania Historical and
13Museum Commission and the Governor<-, is hereby authorized on
14behalf of the Commonwealth of Pennsylvania to grant and convey
15to the Fort LeBoeuf Historical Society certain lands and any
16improvements thereon <-described in subsection (b), the property
17being known locally as the Judson House, situate in the Borough
18of Waterford, Erie County, for $1.
19(b) <-Property description Description of Property.--The
20property to be conveyed pursuant to subsection (a)<- this section
21consists of approximately 0.5871 acres, including any
22improvements located thereon, more particularly described as
23follows:
24Tract 1
25ALL THAT CERTAIN piece or parcel of land situate in the
26Borough of Waterford, County of Erie and Commonwealth of
27Pennsylvania, being Lots Nos. Seven (7) and Eight (8) of
28Garrison Lots in said Borough.
29The said lots are situate at the southeast intersection of
30High Street and First Street, in said Borough, and front for a
1distance of 105 feet on the south side of First Street and
2extends southerly therefrom a distance of 155 feet on the east
3side of High Street.
4Excepting and reserving however, from the above described
5land all that easterly portion consisting of a 60 foot frontage
6on First Street and extending to a depth of 155 feet therefrom
7in a southerly direction.
8BEING the same piece or parcel of land conveyed to the
9Commonwealth of Pennsylvania, from Frank R. Johnston, et al, by
10deed dated July 8, 1949, and recorded in Erie County Deed Book
11542, Page 549.
12Tract 2
13ALL THAT CERTAIN piece or parcel of land situate in the
14Borough of Waterford, County of Erie and Commonwealth of
15Pennsylvania, being the east sixty (60) feet fronting on the
16southerly side of First Street to an alley, and extending
17southwardly at a uniform depth of one hundred fifty-five (155)
18feet, of lots Nos. 7 and 8 of the Garrison Lots in the Borough
19of Waterford, more fully bounded and described as follows, to
20wit:
21BEGINNING at a point in the south line of First Street, one
22hundred five (105) feet eastwardly from the point of
23intersection of the south line of First Street with the east
24line of High Street; thence southwardly parallel with the east
25line of High Street, one hundred and fifty-five (155) feet, more
26or less, to the north line of an alley; thence eastwardly along
27the north line of said alley, and parallel with the south line
28of First Street, sixty (60) feet to a point; thence northwardly
29parallel with the east line of High Street, one hundred and
30fifty-five (155) feet, more or less, to the south line of First
1Street; and thence westwardly along the south line of First
2Street, sixty (60) feet to the place of BEGINNING.
3BEING the same piece or parcel of land conveyed to the
4Commonwealth of Pennsylvania, from Miriam Kuhns, unmarried, and
5Cynthia Ensworth, widow, by deed dated March 21, 1950, and
6recorded in Erie County Deed Book 560, Page 348.
7BEING Parcel ID #46-9-58-1<-.
8(c) Easements Con<-ditions.--The conveyance shall be made
9under and subject to all lawful and enforceable easements,
10servitudes and rights of others, including, but not confined to,
11streets, roadways and rights of any telephone, telegraph, water,
12electric, gas or pipeline companies, as well as under and
13subject to any lawful and enforceable estates or tenancies
14vested in third persons appearing of record, for any portion of
15the land or improvements erected thereon.
16(d) <-Condition Gaming restriction.--Any conveyance authorized
17under this section shall be made under and subject to the
18condition, which shall be contained in the deed of conveyance,
19that no portion of the property conveyed shall be used as a
20licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to
21definitions), or any other similar type of facility authorized
22under State law. The condition shall be a covenant running with
23the land and shall be binding upon the grantee and its
24successors. Should the grantee, or its successors, permit any
25portion of the property authorized to be conveyed in this
26section to be used in violation of this subsection, the title
27shall immediately revert to and revest in the grantor.
28(e) Restrictive covenants.--The following restrictive
29covenants shall be included in the deed of conveyance:
30Declaration of Covenants
1Judson House
2Borough of Waterford, Erie County, Pennsylvania
<-3I. (1) Covenants.
4a. (a)<- The deed of transfer of this property, which
5property shall hereinafter be described in this agreement as
6"Judson House," shall contain the following language: "Fort
7LeBoeuf Historical Society and its successors, (hereafter
8referred to as "FLHS") covenants and agrees to assume
9responsibility for the maintenance, preservation, and
10administration of the property in a manner that is
11satisfactory to the Pennsylvania Historical and Museum
12Commission ("Commission") for a demonstrable public benefit
13in perpetuity; under and subject to the condition that the
14buildings and lands conveyed herein shall be accessible to
15the public."
<-16b. (b) The provisions of these covenants, hereinafter
17expressed as covenants running with the land, are herein set
18forth so as to ensure the maintenance and preservation of the
19qualities, natural resources and historical characteristics
20of Judson House.
<-21II. (2) Standards for Historic Preservation.
22a. (a)<- Judson House shall be maintained and preserved in
23accordance with the Secretary of the Interior's Standards for
24the Treatment of Historic Properties.
<-25b. (b) No construction, alteration, rehabilitation,
26remodeling, demolition, site development, ground disturbance,
27or other action shall be undertaken or permitted to said
28property without the prior written permission from the
29Commission.
<-30c. (c) Prior to the commencement of work, FLHS agrees to
1notify, in writing, the Commission of all such work on said
2property in advance.
3d. (d) The Commission will be given <-forty-five (45) 45 days
4from receipt of the notice (sent via certified mail) to
5review and approve in writing the appropriateness of said
6work. If no response is provided within <-forty-five (45) 45
7days, consent shall be implied.
<-8III. (3) Requirements and Standards for Archaeological
9Investigation.
<-10a. (a) For work that involves ground disturbance, the
11Commission may require archaeological investigation, for
12which FLHS shall have financial responsibility.
<-13b. (b) In the event that archaeological materials are
14discovered during ground-disturbing activities, work shall
15temporarily cease, and the Commission shall be consulted for
16instructions prior to proceeding with the work.
<-17c. (c) Any archaeological work shall be conducted in
18accordance with the Secretary of the Interior's Standards and
19Guidelines for Archaeological Documentation (48FR 447344-37)
20and any such standards and guidelines as the Commission may
21specify.
<-22IV. (4) Access.
23a. (a)<- FLHS shall allow the Commission, at all reasonable
24times and upon reasonable advance notice to FLHS, access to
25inspect said property to ensure compliance with this
26preservation covenant.
<-27V. (5) Right of Reverter.
28a. (a)<- The deed of conveyance shall contain a clause that
29the title to the property shall immediately revert to and
30revest in the Commonwealth should FLHS sell or transfer the
1property or permit the property to be used for any purpose
2other than as a museum, or related business and/or curatorial
3offices, for any length of time.
<-4b. (b) FLHS may petition the Commission for a waiver of
5this provision if a proposed usage would meet the spirit of
6this agreement.
<-7c. (c) The Commission must specifically approve any waiver
8of this provision.
<-9VI. (6) Binding in Perpetuity.
10a. (a)<- This covenant is binding on FLHS and its successors
11in perpetuity.
<-12b. (b) This covenant shall be binding servitude upon the
13property and shall be deemed to run with the land.
<-14c. (c) Execution of this covenant shall constitute evidence
15that FLHS agrees to be bound by the foregoing conditions and
16restrictions and to perform the obligations herein set forth.
17(f) Deed of conveyance.--The deed of conveyance shall be by
18Special Warranty Deed and shall be executed by the Secretary of
19General Services in the name of the Commonwealth of
20Pennsylvania.
21(g) Costs and fees.--Costs and fees incidental to this
22conveyance shall be borne by the grantee.
23(h) Expiration.--In the event that the conveyance is not
24effectuated within one year of the effective date of this
25section, the authority contained in this section shall expire.
<-26Section 3. Conveyance of Fort LeBoeuf Museum in the Borough of
27Waterford, Erie County.
28(a) Authorization.--The Department of General Services, with
29the approval of the Pennsylvania Historical and Museum
30Commission and the Governor, is hereby authorized on behalf of
1the Commonwealth of Pennsylvania to grant and convey to the Fort
2LeBoeuf Historical Society certain lands and any improvements
3thereon, the property being known locally as the Fort LeBoeuf
4Museum situate in the Borough of Waterford, Erie County, for $1.
5(b) Property description.--The property to be conveyed
6pursuant to subsection (a) consists of approximately 1.17-acres,
7including any improvements located thereon, more particularly
8described as follows:
9ALL THAT CERTAIN piece or parcel of land situate in the
10Borough of Waterford, Erie County, Pennsylvania, being a
11rectangle 155 feet by 330 feet, on the east side of High Street
12(Route #19), bounded by First Alley, Cherry Street (unopened)
13and Water Street (unopened).
14BEING the same piece or parcel of land acquired by the
15Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
16filed in the Office of the Prothonotary of the Court of Common
17Pleas of Erie County on September 30, 1968, at No. 2782 A Term
181968, with a notice of the Declaration of Taking recorded at the
19Office of the Recorder of Deeds of Erie County at Book 990, Page
2084.
21BEING Parcel ID #46-9-58-4.
22(c) Easements.--The conveyance shall be made under and
23subject to all lawful and enforceable easements, servitudes and
24rights of others, including, but not confined to, streets,
25roadways and rights of any telephone, telegraph, water,
26electric, gas or pipeline companies, as well as under and
27subject to any lawful and enforceable estates or tenancies
28vested in third persons appearing of record, for any portion of
29the land or improvements erected thereon.
30(d) Condition.--Any conveyance authorized under this section
1shall be made under and subject to the condition, which shall be
2contained in the deed of conveyance, that no portion of the
3property conveyed shall be used as a licensed facility, as
4defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
5other similar type of facility authorized under State law. The
6condition shall be a covenant running with the land and shall be
7binding upon the Grantee and its successors. Should the Grantee,
8or its successors, permit any portion of the property authorized
9to be conveyed in this section to be used in violation of this
10subsection, the title shall immediately revert to and revest in
11the Grantor.
12(e) Restrictive covenants.--The following restrictive
13covenants shall be included in the deed of conveyance:
14Declaration of Covenants
15Fort LeBoeuf Museum
16Borough of Waterford, Erie County, Pennsylvania
17I. Covenants.
18a. The deed of transfer of this property, which property
19shall hereinafter be described in this agreement as "Fort
20LeBoeuf Museum," shall contain the following language:
21"Fort LeBoeuf Historical Society and its successors,
22(hereafter referred to as "FLHS") covenants and agrees to
23assume responsibility for the maintenance, preservation,
24and administration of the property in a manner that is
25satisfactory to the Pennsylvania Historical and Museum
26Commission ("Commission") for a demonstrable public
27benefit in perpetuity; under and subject to the condition
28that the buildings and lands conveyed herein shall be
29accessible to the public."
30b. The provisions of these covenants, hereinafter
1expressed as covenants running with the land, are herein
2set forth so as to ensure the maintenance and preservation
3of the qualities, natural resources and historical
4characteristics of Fort LeBoeuf Museum.
5II. Standards for Historic Preservation.
6a. Fort LeBoeuf Museum shall be maintained and preserved
7in accordance with the Secretary of the Interior's
8Standards for the Treatment of Historic Properties.
9b. No construction, alteration, rehabilitation,
10remodeling, demolition, site development, ground
11disturbance, or other action shall be undertaken or
12permitted to said property without the prior written
13permission from the Commission.
14c. Prior to the commencement of work, FLHS agrees to
15notify, in writing, the Commission of all such work on
16said property in advance.
17d. The Commission will be given forty-five (45) days
18from receipt of the notice (sent via certified mail) to
19review and approve in writing the appropriateness of said
20work. If no response is provided within forty-five (45)
21days, consent shall be implied.
22III. Requirements and Standards for Archaeological
23Investigation.
24a. For work that involves ground disturbance, the
25Commission may require archaeological investigation, for
26which FLHS shall have financial responsibility.
27b. In the event that archaeological materials are
28discovered during ground-disturbing activities, work shall
29temporarily cease, and the Commission shall be consulted
30for instructions prior to proceeding with the work.
1c. Any archaeological work shall be conducted in
2accordance with the Secretary of the Interior's Standards
3and Guidelines for Archaeological Documentation (48FR
4447344-37) and any such standards and guidelines as the
5Commission may specify.
6IV. Access.
7a. FLHS shall allow the Commission, at all reasonable
8times and upon reasonable advance notice to FLHS, access
9to inspect said property to ensure compliance with this
10preservation covenant.
11V. Right of Reverter.
12a. The deed of conveyance shall contain a clause that
13the title to the property shall immediately revert to and
14revest in the Commonwealth should FLHS sell or transfer
15the property or permit the property to be used for any
16purpose other than as a museum, or related business and/or
17curatorial offices, for any length of time.
18b. FLHS may petition the Commission for a waiver of this
19provision if a proposed usage would meet the spirit of
20this agreement.
21c. The Commission must specifically approve any waiver
22of this provision.
23VI. Binding in Perpetuity.
24a. This covenant is binding on FLHS and its successors
25in perpetuity.
26b. This covenant shall be binding servitude upon the
27property and shall be deemed to run with the land.
28c. Execution of this covenant shall constitute evidence
29that FLHS agrees to be bound by the foregoing conditions
30and restrictions and to perform the obligations herein set
1forth.
2(f) Deed of conveyance.--The deed of conveyance shall be
3executed by the Secretary of General Services in the name of the
4Commonwealth of Pennsylvania.
5(g) Costs and fees.--Costs and fees incidental to this
6conveyance shall be borne by the Grantee.
7(h) Expiration.--In the event that the conveyance is not
8effectuated within one year of the effective date of this
9section, the authority contained in this section shall expire.
10Section 4. Effective date.
11This act shall take effect in 60 days.
<-12Section 3. The act is amended by adding sections to read:
13Section 14.1. Conveyance in Old Lycoming Township, Lycoming
14County.
15(a) Authorization.--The Department of General Services, with
16the approval of the Department of Environmental Protection and
17the Governor, is authorized on behalf of the Commonwealth to
18grant and convey to Centura Development Co., Inc. certain land
19situate in Old Lycoming Township, Lycoming County for $500.
20(b) Legal description.--The property to be conveyed pursuant
21to Section 1 consists of approximately 1,248 +/- square feet or
22approximately .03-acres and improvements thereon bounded and
23more particularly described as follows:
24ALL THAT CERTAIN piece, parcel, and lot of land situate in
25Old Lycoming Township, Lycoming County, Pennsylvania and shown
26upon a plan by the Larson Design Group, file 6240-006; bounded
27and described as follows:
28BEGINNING at a set mag nail on the southern right of way line
29of Carmella Avenue, said mag nail being located South 84 degrees
3052 minutes 59 seconds East, 76.66 feet from a set mag nail on
1the eastern right of way line of Pennsylvania State Route 1017,
2being known as Lycoming Creek Road, and the northwest corner of
3lands of Raymond A. Eck (Tax Parcel No. 43-07-603);
4THENCE from the point and place of beginning and along the
5southern right of way line of Carmella Avenue the two following
6courses and distances:
71. North 82 degrees 05 minutes 38 seconds East, 67.02 feet
8to a set steel pin;
92. By a curve to the right with a radius of 66.71 feet, an
10arch length of 63.59 feet, a delta angle of 54 degrees 36
11minutes 59 seconds, and a chord of South 70 degrees 35 minutes
1253 seconds East, 61.21 feet to a set steel pin at the northeast
13corner of lands of Raymond A. Eck (Tax Parcel No. 43-07-603);
14THENCE along the northern line of lands of Raymond A. Eck
15(Tax Parcel No. 43-07-603), North 84 degrees 52 minutes 59
16seconds West, 124.62 feet to the point and place of BEGINNING.
17CONTAINING 1,248 square feet, more or less.
18(c) Conditions.--The conveyance shall be made under and
19subject to all lawful and enforceable easements, servitudes and
20rights of others, including streets, roadways and rights of any
21telephone, telegraph, water, electric, gas or pipeline
22companies, and under and subject to any lawful and enforceable
23estates or tenancies vested in third persons appearing of
24record, for any portion of the land or improvements erected on
25the land.
26(d) Gaming restriction.--The conveyance authorized under
27this section shall be made under and subject to the condition,
28which shall be contained in the deed of conveyance, that no
29portion of the property conveyed shall be used as a licensed
30facility, as defined in 4 Pa.C.S. § 1103 (relating to
1definitions), or any other similar type of facility authorized
2under State law. The condition shall be a covenant running with
3the land and shall be binding upon the grantee and its
4successors in interest. If the grantee or a successor in
5interest permits a portion of the property authorized to be
6conveyed in this section to be used in violation of this
7subsection, the title shall immediately revert to and revest in
8the grantor.
9(e) Deed of conveyance.--The deed of conveyance shall be by
10special warranty deed and shall be executed by the Secretary of
11General Services in the name of the Commonwealth.
12(f) Costs and fees.--Costs and fees incidental to this
13conveyance shall be borne by the grantee.
14(g) Deposit of proceeds.--The proceeds from this sale shall
15be deposited in the General Fund.
16(h) Expiration.--If this conveyance is not executed within
17six months of the effective date of this section, the authority
18contained in this section shall expire.
19Section 14.2. Easement from land in the City of Erie, Erie
20County.
21(a) Authorization.--The Department of General Services, with
22the approval of the Governor, is authorized on behalf of the
23Commonwealth to grant and convey to the Erie County Convention
24Center Authority and its successors in interest, a permanent
25ingress and egress easement from lands of the Commonwealth at
26the Warner Theater Historical Site situate in the City of Erie,
27Erie County for $1.00, under terms and conditions to be
28established in an easement agreement.
29(b) Legal description.--The permanent utility easements to
30be conveyed under subsection (a) total approximately 0.0062
1acres, bounded and more particularly described as follows:
2THAT CERTAIN parcel of land situate in the second ward of the
3City of Erie, County of Erie, and Commonwealth of Pennsylvania,
4being a portion of Erie County Index No. (15)020-001.0-201.00,
5more fully described as follows:
6BEGINNING at a point in the northerly terminus of an existing
712-foot wide alley on the northerly side of East 9th Street (60-
8foot right-of-way) which bears the following three (3) courses
9from the intersection of the northerly right-of-way line of said
10East 9th Street with the easterly right-of-way line of State
11Street (100-foot right-of-way):
121) N64º01'45"E along said northerly right-of-way line of East
139th Street, a distance of 165.48 feet to an intersection with
14said westerly right-of-way line of the alley; thence
152) N26º00'30"W along said westerly right-of-way line of the
16alley, a distance of 120.20 feet to said terminus of the alley;
17thence
183) N64º01'50"E along said terminus of the alley, a distance
19of 6.00 fee to the point of beginning;
20THENCE N26º00'30"W, a distance of 45.00 feet; thence
21N64º01'50"E, a distance of 6.00 feet; thence S26º00'30"E, a
22distance of 45.00 feet to an intersection with said northerly
23terminus of the alley; thence S64º01'50"W along said terminus of
24the alley, a distance of 6.00 feet to the point of beginning.
25Containing 0.0062 acre.
26(c) Easement agreement.--The easement agreement shall be
27executed by the Secretary of General Services in the name of the
28Commonwealth.
29(d) Costs and fees.--Costs and fees incidental to the
30easement agreement shall be borne by the grantee.
1(e) Expiration.--If the parties have not entered into an
2easement agreement within one year of the effective date of this
3section, the authorization contained in this section shall
4expire.
5Section 14.3. Conveyance in East Allen Township, Northampton<-
6County.
7(a) Authorization.--The Department of General Services, with
8the approval of the Governor, is hereby authorized on behalf of
9the Commonwealth of Pennsylvania to grant and convey to East
10Allen Township, or its assigns, certain lands, and any
11improvements located thereon, situate in the Township of East
12Allen, County of Northampton under terms, conditions and for
13consideration equal to fair market value to be established in an
14Agreement of Sale.
15(b) Legal description.--The property to be conveyed pursuant
16to subsection (a) consists of approximately 18.14-acres of land,
17and any improvements thereon, bounded and more particularly
18described as follows:
19ALL THAT CERTAIN TRACT OF LAND situate in East Allen
20Township, Northampton County, Pennsylvania, being bounded and
21described as follows:
22BEGINNING at a point at the intersection of the center line
23of Weaversville Road (SR 3017) and the center line of Colony
24Drive; thence
25(1) N 35º 20' 50" W along the center line of Weaversville
26Road (SR 3017) for a distance of 127.53 feet to a point;
27(2) N 33º 4' 30" W along the center line of Weaversville
28Road (SR 3017) for a distance of 277. 49 feet to a point;
29(3) N 36º 11' 04" W along the center line of Weaversville
30Road (SR 3017) for a distance of 181.18 feet to a point;
1(4) N 38º 35' 58" W along the center line of Weaversville
2Road (SR 3017) for a distance of 61.01 feet to a point;
3(5) N 40º 01' 40" W along the center line Weaversville Road
4(SR 3017) for a distance of 272.92 feet to a point;
5(6) S 86º 18' 05" E along the dividing line between the
6parcel herein described and lands now or formerly of Northampton
7County for a distance of 725.29 feet to a point;
8(7) thence along the dividing line between the parcel herein
9described and lands now or formerly of Northampton County
10through a curve to the left with an arc distance of 602.00 feet,
11a radius of 1945.10 feet, and a chord bearing of N 84º 49' 56" E
12for a distance of 599.60 feet to an iron pin;
13(8) S 03º 41' 50" along the dividing line between the parcel
14herein described and lands now or formerly of East Allen
15Township for a distance of 250.63 feet to an iron pin;
16(9) N 90º 00' 00" E along the dividing line between the
17parcel herein described and lands now or formerly of East Allen
18Township for a distance of 100.21 feet to an iron pin;
19(10) S 03º 48' 04" E along the dividing line between the
20parcel herein described and lands now or formerly of East Allen
21Township and of N/F Paul S. Evans, Jr. for a distance of 491.64
22feet to a point on the center line of Colony Drive;
23(11) S 89º 45' 05" W along the center line of Colony Drive
24for a distance of 921.11 feet to a point on the center line of
25Weaversville Road (SR 3017), said point being the point of
26BEGINNING.
27CONTAINING 18.14-acres as per survey and major subdivision of
28Kurtanich Engineers & Associates, Inc., Hermitage, PA, titled
29Final Plan Allentown State Farm, dated March 10, 1997 and
30revised June 1, 1998, Drawing No. K-97-940-08 and being Parcel
1VIII on said Final Plan recorded to Instrument No. 1998024534.
2UNDER AND SUBJECT TO the rights of a hundred foot
3(100'easement provided to East Allen Township by deed dated
4September 11, 1995 and recorded January 18, 1996 in the Recorder
5of Deeds of Northampton County in Deed Book Volume 1996-1, Page
65015, and being Instrument Number 1996001683.
7BEING Tax Parcel ID: 5060-18-0679-5193
8ALSO BEING a portion of the same premises conveyed to the
9Commonwealth of Pennsylvania in Deed Book H63, Page 256.
10(c) Easements.--The conveyance shall be made under and
11subject to all lawful and enforceable easements, servitudes and
12rights of others, including, but not confined to, streets,
13roadways and rights of any telephone, telegraph, water,
14electric, gas or pipeline companies, as well as under and
15subject to any lawful and enforceable estates or tenancies
16vested in third persons appearing of record, for any portion of
17the land or improvements erected thereon.
18(d) Gaming restriction.--Any conveyance authorized under
19this section shall be made under and subject to the condition,
20which shall be contained in the deed of conveyance, that no
21portion of the property conveyed shall be used as a licensed
22facility, as defined in 4 Pa.C.S. § 1103 (relating to
23definitions), or any other similar type of facility authorized
24under State law. The condition shall be a covenant running with
25the land and shall be binding upon the grantee and its
26successors. Should the grantee, or its successors, permit any
27portion of the property authorized to be conveyed in this
28section to be used in violation of this subsection, the title
29shall immediately revert to and revest in the grantor.
30(e) Deed of conveyance.--The deed of conveyance shall be by
1special warranty deed and shall be executed by the Secretary of
2General Services in the name of the Commonwealth of
3Pennsylvania.
4(f) Costs and fees.--Costs and fees incidental to this
5conveyance shall be borne by the grantee.
6(g) Alternate disposition.--In the event that the conveyance
7is not completed within two years of the effective date of this
8section, the Department of General Services may sell the
9property in accordance with section 2405-A of the act of April
109, 1929 (P.L.177, No.175), known as The Administrative Code of
111929.
12Section 14.4. Conveyance in Tunkhannock Township, Wyoming
13County.
14(a) Authorization.--
15(1) Subject to paragraph (2), the Department of General
16Services, with the approval of the Department of Agriculture
17and the Governor, is authorized on behalf of the Commonwealth
18to grant and convey to D&I Silica, LLC, or its assigns, an
19egress easement through lands of this Commonwealth at the
20Tunkhannock regional office of the Department of Agriculture
21situate in the Township of Tunkhannock, County of Wyoming,
22under terms, conditions and for consideration equal to fair
23market value acceptable to the Secretary of General Services.
24(2) Granting of this easement is contingent upon a
25stipulated agreement between the Grantee and the Wyoming
26County Commissioners, and approved by the Court of Common
27Pleas of Wyoming County.
28(b) Description.--The egress easement to be conveyed
29pursuant to Section 1 total approximately 0.74-acres bounded and
30more particularly described as follows:
1ALL that certain piece or parcel of land situated in the
2Township of Tunkhannock, County of Wyoming and Commonwealth of
3Pennsylvania, more particularly bound and described as follows:
4BEGINNING at a point situate at the intersection of the
5common boundary line of lands now or formerly of J. Stark
6Bartron, II & Jane D. Bartron, His Wife as described in Record
7Book 282 at Page 440 and lands now or formerly of the General
8State Authority as described in Record Book 256 at Page 795 and
9Deed Book 178 at Page 676, said point being in the westerly
10right-of-way line of State Highway Route 92 (S.R. 0092).
11Thence along the westerly right-of-way line of State Route
1292, South 05º 40' East a distance of 57.68' more or less to a
13point;
14Thence through lands now or formerly of the General State
15Authority, South 84º 10' 09" West a distance of 253.98' more or
16less to a point;
17Thence through the same, South 75º 47' 00" West a distance of
18739.44' to a point;
19Thence through the same, South 51º 44' 36" West a distance of
20143.39' to a point in the easterly line of lands now or formerly
21of Lehigh Valley Railroad;
22Thence along lands now or formerly of Lehigh Valley Railroad,
23North 31º 13' 00" West a distance of 82.00' to a common corner
24of lands now or formerly of J. Stark Bartron, II & Jane D.
25Bartron and lands now or formerly of the General State
26Authority;
27Thence along lands now or formerly of J. Stark Bartron, II &
28Jane D. Bartron, North 75º 47' 00" East a distance of 1154.20'
29to a point in the westerly right-of-way line of State Highway
30Route 92, the place of BEGINNING.
1CONTAINING a total area of 32,096 square feet or 0.74-acres
2of land, more or less.
3BEING all of the Access Easement through lands of the General
4State Authority as described in Wyoming County Record Book 276
5at Page 795 and Deed Book 178 at Page 676.
6ALSO BEING all of the Access Easement as depicted in EX-1,
7dated September 10, 2014 as prepared by Pennoni Associates,
8Inc., 100 North Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre,
9PA 18702. Said plan on file with the Department of General
10Services.
11(c) Adjustments.--The legal description in subsection (b)
12is preliminary and minor adjustments can be made to the final
13description with the prior written consent of the secretary.
14(d) Execution.--The easement agreement shall be executed by
15the secretary in the name of the Commonwealth.
16(e) Costs and fees.--Costs and fees incidental to the
17conveyance of the easement shall be borne by the grantee.
18(f) Proceeds.--The Department of General Services shall
19utilize the proceeds from the conveyance to reimburse itself for
20costs and fees it incurred as a result of this conveyance. Any
21money remaining after reimbursement to the Department of General
22Services shall be deposited into the Agricultural Farm
23Operations Account.
24(g) Expiration.--If the parties have not entered into an
25easement agreement within one year of the effective date of this
26section, the authorization contained in this section shall
27expire.
28Section 4. This act shall take effect as follows:
29(1) The following provisions shall take effect
30immediately:
1(i) Section 1 (title) of this act.
2(ii) Section 2 (sections 8, 9 and 10) of this act.
3(iii) This section.
4(iv) The addition of sectionS 14.3 AND 14.4 of the<-
5act.
6(2) The remainder of this act shall take effect in 60
7days.