PRINTER'S NO. 1251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
991
Session of
2023
INTRODUCED BY CAPPELLETTI, NOVEMBER 28, 2023
REFERRED TO STATE GOVERNMENT, NOVEMBER 28, 2023
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor, to grant and convey certain lands
and improvements situate in Haverford Township, Delaware
County, to Carelink Community Support Services of PA, Inc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Haverford Township, Delaware County.
(a) Authorization.--The Department of General Services, with
the approval of the Governor, is authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey the tract of
land described under subsection (b) together with any
improvements thereon, being a portion of the lands of the former
Haverford State Hospital, situate in Haverford Township,
Delaware County, to Carelink Community Support Services of PA,
Inc., for $300,000, 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 the following:
ALL THAT CERTAIN piece, parcel, or tract of land situated in
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Haverford Township, Delaware County, Pennsylvania, being Parcel
- 2 as shown on a plan titled "Haverford Hospital Property"
prepared by Precision Land Surveyors, dated July 12, 1998, and
being further described as follows, to wit:
BEGINNING at a point in the bed of Haverford and Darby Road,
a corner in common with Parcel - 1 of the Haverford Hospital
Property plan; thence leaving the road and continuing along
Parcel - 1 the following two courses and distances: 1.) South 34
degrees 5 minutes 28 seconds West a distance of 318.67 feet to
an iron rod and 2.) South 79 degrees 29 minutes 35 seconds West
a distance of 790.88 feet to an iron rod, a corner in common
with Parcel - 1 of the Haverford Hospital Property plan and
lands now or formerly of Allgates West Development; thence along
lands now or formerly of Allgates West Development the following
three courses and distances: 1.) North 51 degrees 56 minutes 10
seconds West a distance of 165.76 feet to a stone monument; 2.)
North 3 degrees 23 minutes 36 seconds East a distance of 284.94
feet to a stone monument and 3.) North 38 degrees 38 minutes 53
seconds East a distance of 370.43 feet to a point, a corner in
the bed of Haverford and Darby Road; thence continuing in the
bed of Haverford and Darby Road the following four courses and
distances:
1.) South 67 degrees 44 minutes 32 seconds East a distance of
88.36 feet to a point; 2.) South 62 degrees 46 minutes 20
seconds East a distance of 201.01 feet to a point; 3.) South 77
degrees 35 minutes 38 seconds East a distance of 217.42 feet to
a point and 4.) South 75 degrees 20 minutes 21 seconds East a
distance of 377.98 feet to a point, the place of beginning.
CONTAINING 10.43 acres, more or less, as shown on said plan.
Tax ID / Parcel No. 22-04-00185-00. Known as 3520 Darby Road,
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Haverford, Pennsylvania, 19041.
BEING a portion of the same premises condemned by The General
State Authority, predecessor to the Department of General
Services, in 1956 from Eckley B. Coxe & Mary Owens Coxe, in
accordance with the Act of March 31, 1949, P.L. 372, Section 12,
which taking is evidenced by the Petition for Appointment of
Viewers recorded at the Office of the Recorder of Deeds of
Delaware County at Deed Book 1807 Page 34.
ALSO BEING a portion of the same premises conveyed by Elmer
H. Hutchinson and Sally M. Hutchinson, his wife, to The General
State Authority by deed dated March 2, 1956, and recorded at the
Office of the Recorder of Deeds of Delaware County at Deed Book
1763 Page 564.
TOGETHER WITH a 20-foot-wide sanitary sewer easement as
described in a Deed from the Commonwealth of Pennsylvania to the
Township of Haverford, dated December 17, 2002 and recorded at
Delaware County Deed Book 2631, Page 947 (Instrument
#2002138609).
(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) Restrictions.--
(1) Any conveyance authorized under this act shall be
made under and subject to the condition, which shall be
contained in the deed of conveyance, that no portion of the
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property conveyed shall be used as a licensed facility, as
defined in 4 Pa.C.S. ยง 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
in this act to be used in violation of this subsection, the
title shall immediately revert to and revest in the grantor.
(2) Any conveyance authorized under this act shall be
made under and subject to the condition that Carelink
Community Support Services of PA, Inc., its successors and
assigns, shall utilize the property solely for residential
services, including behavioral health, rehabilitation and
life skills training, for persons with disabilities, and for
no other purpose. Should Carelink Community Support Services
of PA, Inc., or its successors or assigns, utilize the
property for any other purpose, Carelink Community Support
Services of PA, Inc., or its successor or assigns, shall pay
$300,000 to the Commonwealth of Pennsylvania, acting by and
through the Department of General Services, within 90 days
after the change in use. Should Carelink Community Support
Services of PA, Inc., its successor or assigns, fail to pay
such sum within such time frame, the property shall, at the
Department of General Service's election, revert and revest
in the Commonwealth of Pennsylvania. This provision is
intended to create a fee simple subject to a condition
subsequent. This condition shall terminate on the 15th
anniversary of the date of the deed and thereafter be of no
further force or effect.
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(e) Deed of conveyance.--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
conveyance shall be borne by Carelink Community Support Services
of PA, Inc.
(g) Alternate disposition.--If the conveyance authorized
herein is not completed within two years after the effective
date of this subsection, the authority to convey the property as
specified in subsection (a) shall expire, and the property may
be disposed of by a competitive bidding process 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, except that
no property disposition plan shall be required.
Section 2. Effective date.
This act shall take effect immediately.
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