SENATE AMENDED
PRIOR PRINTER'S NOS. 2703, 4191 PRINTER'S NO. 4258
No. 2162 Session of 1991
INTRODUCED BY COY, NOVEMBER 13, 1991
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 24, 1992
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor and the Department of
3 Revenue, to grant and convey to Mildred L. Brown a tract of
4 land situate in the Borough of Chambersburg TOWNSHIP OF ST. <--
5 THOMAS, Franklin County, Pennsylvania; AUTHORIZING THE <--
6 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
7 GOVERNOR AND THE SECRETARY OF PUBLIC WELFARE, TO GRANT AND
8 CONVEY TO ROBERT EKEY AND BARBARA N. EKEY, HIS WIFE, CERTAIN
9 EXCESS LAND SITUATE IN THE TOWNSHIP OF CONEWANGO, WARREN
10 COUNTY, PENNSYLVANIA; AND AUTHORIZING AND DIRECTING THE
11 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
12 GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE, TO CONVEY TO
13 THE NORTH WARREN MUNICIPAL AUTHORITY A TRACT OF LAND SITUATE
14 IN CONEWANGO TOWNSHIP, WARREN COUNTY, PENNSYLVANIA.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. (a) The Department of General Services, with the <--
18 approval of the Governor and the Department of Revenue, is
19 hereby authorized and directed on behalf of the Commonwealth of
20 Pennsylvania to grant and convey for consideration equal to the
21 fair market value as determined by an independent appraiser
22 selected by the Department of General Services, to Mildred L.
23 Brown the following tract of land with buildings and
1 improvements thereon erected, if any:
2 Beginning at a set railroad spike in the centerline of L.R.
3 28006 at corner lands of Mildred L. Brown; thence along the
4 center line of L.R. 28006, north 11 degrees, 44 minutes, 50
5 seconds east 471.90 feet to a set railroad spike at corner lands
6 of Harriett J. Florezak; thence along lands of Harriett J.
7 Florezak and lands of Mildred L. Brown, south 60 degrees, 25
8 minutes, 36 seconds east 1511.22 feet to a set iron pin; thence
9 continuing along lands of Mildred L. Brown, north 24 degrees, 57
10 minutes east 881.93 feet to an existing iron pin; thence
11 continuing along the same, south 62 degrees, 54 minutes east
12 741.48 feet to an existing iron pin; thence continuing along the
13 same, north 24 degrees, 57 minutes, east 854.77 feet; thence
14 continuing along the same, north 68 degrees, east 612.50 feet to
15 a set iron pin; thence continuing along the same, north 57
16 degrees east 145.20 feet to a set iron pin at corner lands of
17 now or formerly C. Earl Brown; thence along lands now or
18 formerly C. Earl Brown, south 25 degrees, 22 minutes, 13 seconds
19 west 2637.01 feet to a set iron pin on line; thence continuing
20 along the same, south 25 degrees, 22 minutes, 13 seconds west
21 25.00 feet to a point in the center line of U.S. Route 30;
22 thence along the centerline of U.S. Route 30 on a curve to the
23 right having a radius of 9837.20 feet, an arc length of 156.58
24 feet and a chord bearing and distance of south 73 degrees, 41
25 minutes, 39 seconds west 156.58 feet to a point; thence
26 continuing along the same, south 74 degrees, 09 minutes west
27 340.72 feet to a point at corner lands of Mildred L. Brown;
28 thence along lands of Mildred L. Brown, north 11 degrees east
29 25.00 feet to a set iron pin on line; thence continuing along
30 the same, north 11 degrees, east 157.01 feet to a set iron pin;
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1 thence continuing along the same, north 60 degrees west 2204.17
2 feet to a set spike, the place of beginning.
3 Containing 66.4273 acres according to a survey dated May 30,
4 1991, prepared by William A. Brindle Associates for C. Earl
5 Brown Orchards.
6 SECTION 2. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
7 APPROVAL OF THE GOVERNOR AND THE SECRETARY OF PUBLIC WELFARE, IS
8 HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
9 PENNSYLVANIA TO GRANT AND CONVEY TO ROBERT EKEY AND BARBARA N.
10 EKEY, HIS WIFE, ALL INTEREST IN LANDS DESCRIBED IN SUBSECTION
11 (C) IN EXCHANGE FOR THE TRACT OF LAND DESCRIBED IN SUBSECTION
12 (B).
13 (B) THE PROPERTY TO BE CONVEYED PURSUANT TO SUBSECTION (A)
14 IS THE FOLLOWING TRACT OF LAND SITUATE IN THE TOWNSHIP OF
15 CONEWANGO, WARREN COUNTY, BOUNDED AND DESCRIBED AS FOLLOWS:
16 COMMENCING AT AN EXISTING ONE-INCH IRON PIPE ON THE EASTERLY
17 RIGHT-OF-WAY LINE OF STATE ROUTE 0062, APPROXIMATELY 912 FEET
18 NORTH OF (ALONG SAID RIGHT-OF-WAY LINE) A POINT WHERE THE CENTER
19 LINE OF STATE STREET (LEGISLATIVE ROUTE 61073) INTERSECTS SAID
20 RIGHT-OF-WAY LINE; THENCE NORTH 66 DEGREES 20 MINUTES 17 SECONDS
21 EAST, SEVERING LANDS FORMERLY OF THE PENN CENTRAL RAILROAD AND
22 NOW BELONGING TO ROBERT C. EKEY (REF. DB 262/284), A DISTANCE OF
23 36.45 FEET TO AN EXISTING ONE-INCH PIPE, BEING THE SOUTHWEST
24 CORNER OF THE SUBJECT PARCEL AND ALSO THE POINT OF BEGINNING;
25 THENCE RUNNING NORTHWESTERLY ALONG LAND OF ROBERT C. EKEY (REF.
26 DB 262/284), AND ABOUT TWO SEPARATE CURVES DESCRIBED AS FOLLOWS:
27 CURVE ONE:
28 DELTA ANGLE = 2 DEGREES 15 MINUTES
29 RADIUS = 5,257.28 FEET
30 CURVE LENGTH = 206.45 FEET
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1 CURVE TWO:
2 DELTA ANGLE = 7 DEGREES 12 MINUTES
3 RADIUS = 3,552.56 FEET
4 CURVE LENGTH = 446.43 FEET TO A POINT;
5 THENCE NORTH 73 DEGREES 36 MINUTES 27 SECONDS EAST, ALONG LANDS
6 OF SARV K. GUPTA, A DISTANCE OF 180.84 FEET TO A POINT; THENCE
7 SOUTH 08 DEGREES 32 MINUTES 27 SECONDS EAST, ALONG THE WESTERLY
8 BANKS OF THE CONEWANGO CREEK, A DISTANCE OF 651.82 FEET TO A
9 POINT; THENCE SOUTH 66 DEGREES 20 MINUTES 17 SECONDS WEST, A
10 DISTANCE OF 25.58 FEET TO THE POINT OF BEGINNING.
11 CONTAINING 71,607 SQUARE FEET OR 1.64 ACRES.
12 THIS DESCRIPTION WAS WRITTEN ON JANUARY 9, 1991, BY JAMES P.
13 HUNTER, PROFESSIONAL LAND SURVEYOR, REGISTRATION NUMBER SU-
14 028159-E.
15 (C) ROBERT EKEY AND BARBARA N. EKEY, HIS WIFE, SHALL, IN
16 EXCHANGE FOR THE LANDS DESCRIBED IN SUBSECTION (B), TRANSFER TO
17 THE COMMONWEALTH OF PENNSYLVANIA ALL RIGHT, TITLE AND INTEREST
18 IN THE FOLLOWING TRACT OF LAND SITUATE IN THE TOWNSHIP OF
19 CONEWANGO, WARREN COUNTY, MORE PARTICULARLY DESCRIBED AS
20 FOLLOWS:
21 ALL THAT CERTAIN PARCEL OF LAND SITUATED IN CONEWANGO
22 TOWNSHIP, WARREN COUNTY AND THE COMMONWEALTH OF PENNSYLVANIA,
23 AND BEING A PORTION OF THE LAND FORMERLY OWNED BY THE PENN
24 CENTRAL RAILROAD (AND PRIOR TO THAT THE NEW YORK CENTRAL
25 RAILROAD AND THE DUNKIRK, WARREN AND PITTSBURGH RAILROAD
26 COMPANY, CHRONOLOGICALLY), THE PORTION BEING BOUNDED AND
27 DESCRIBED AS FOLLOWS:
28 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
29 STATE ROUTE 0062, WHERE SAID LINE INTERSECTS THE CENTERLINE OF
30 NORTH STATE STREET (L.R.61073); THENCE RUNNING ALONG THE
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1 EASTERLY EDGE OF THE PENN CENTRAL PROPERTY, BY A CURVE TO THE
2 RIGHT, HAVING A RADIUS OF 1012.27 FEET, AND AN ARC LENGTH OF
3 384.64 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG THE
4 SAME EASTERLY EDGE OF THE PENN CENTRAL PROPERTY, SOUTH 18
5 DEGREES 18 MINUTES 22 SECONDS WEST A DISTANCE OF 3793.36 FEET TO
6 A SET ONE INCH IRON PIPE AT THE SOUTHERLY EDGE OF A RAILROAD
7 BRIDGE ALLOWING TRAFFIC TO PASS UNDER THE SUBJECT ABANDONED
8 RAILROAD LINE; THENCE SOUTH 87 DEGREES 54 MINUTES 27 SECONDS
9 WEST ALONG THE SOUTHERLY EDGE OF SAID RAILROAD BRIDGE, A
10 DISTANCE OF 41.67 FEET, TO A SET ONE INCH IRON PIPE ON THE
11 EASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 0062; THENCE RUNNING
12 ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 0062 THE
13 FOLLOWING COURSES: NORTH 19 DEGREES 56 MINUTES 33 SECONDS EAST
14 91.11 FEET; NORTH 18 DEGREES 06 MINUTES 38 SECONDS EAST 307
15 FEET; NORTH 17 DEGREES 26 MINUTES 38 SECONDS EAST 232.03 FEET;
16 NORTH 71 DEGREES 39 MINUTES 27 SECONDS WEST 2 FEET; NORTH 18
17 DEGREES 51 MINUTES 23 SECONDS EAST 205.33 FEET; NORTH 23 DEGREES
18 27 MINUTES 40 SECONDS EAST 68.08 FEET; NORTH 18 DEGREES 07
19 MINUTES 12 SECONDS EAST 1264.04 FEET; NORTH 18 DEGREES 21
20 MINUTES EAST 767.32 FEET; NORTH 17 DEGREES 13 MINUTES 43 SECONDS
21 EAST 644.50 FEET; NORTH 14 DEGREES 13 MINUTES 27 SECONDS EAST
22 132.89 FEET TO A POINT; THENCE CONTINUING BY A CURVE TO THE
23 LEFT, HAVING A RADIUS OF 1199.95 FEET AND AN ARC LENGTH OF
24 325.39 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG THE
25 EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 0062 THE FOLLOWING
26 COURSES: NORTH 13 DEGREES 48 MINUTES 14 SECONDS EAST 94.92 FEET;
27 NORTH 08 DEGREES 08 MINUTES 01 SECONDS EAST 17.05 FEET; NORTH 03
28 DEGREES 30 MINUTES 43 SECONDS WEST 75.92 FEET; NORTH 12 DEGREES
29 03 MINUTES 14 SECONDS WEST 50.04 FEET TO A POINT WHERE THE
30 EASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 0062 INTERSECTS THE
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1 CENTERLINE OF STATE STREET; THENCE SOUTH 28 DEGREES 55 MINUTES
2 40 SECONDS EAST ALONG THE CENTERLINE OF STATE STREET, A DISTANCE
3 OF 108.58 FEET TO A POINT, SAID POINT BEING THE POINT OF
4 BEGINNING.
5 CONTAINING 173,706 SQUARE FEET OR 3.98 ACRES.
6 SECTION 3. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE,
8 IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH
9 OF PENNSYLVANIA TO SELL AND CONVEY TO THE NORTH WARREN MUNICIPAL
10 AUTHORITY THE FOLLOWING TRACT OF LAND SITUATE IN CONEWANGO
11 TOWNSHIP, WARREN COUNTY, PENNSYLVANIA, FOR A CONSIDERATION OF
12 $15,000, THE FOLLOWING:
13 ALL THAT CERTAIN PORTION OF LAND SITUATED IN CONEWANGO
14 TOWNSHIP, WARREN COUNTY, AND THE COMMONWEALTH OF PENNSYLVANIA,
15 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
16 BEGINNING AT A ONE-INCH PIPE FOUND AT THE NORTHWEST CORNER OF
17 LOT 5, ON THE EASTERLY RIGHT-OF-WAY LINE OF HOSPITAL DRIVE, AS
18 SHOWN ON A SUBDIVISION MAP BY R.G. REIDER, APRIL 1986, FOR THE
19 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES;
20 THENCE:
21 (1) ALONG THE EASTERLY RIGHT-OF-WAY LINE OF HOSPITAL DRIVE
22 NORTH 19 DEGREES 19 MINUTES 07 SECONDS EAST TO A POINT, SAID
23 POINT BEING THE NORTHWEST CORNER OF PROPERTY BEING DESCRIBED
24 HEREIN; THENCE
25 (2) SOUTH 60 DEGREES 21 MINUTES 07 SECONDS EAST 459.67 FEET
26 TO A POINT; THENCE
27 (3) SOUTH 37 DEGREES 10 MINUTES 54 SECONDS WEST 203.76 FEET
28 TO A ONE-INCH IRON PIPE, SAID PIPE BEING THE NORTHEAST CORNER OF
29 LOT 1 AS SHOWN ON SAID SUBDIVISION MAP; THENCE
30 (4) ALONG THE NORTH LINE OF LOTS 1, 2, 3, 4 AND 5 OF SAID
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1 SUBDIVISION NORTH 60 DEGREES 21 MINUTES 17 SECONDS WEST 396.14
2 FEET PASSING THROUGH ONE-INCH IRON PIPES AT DISTANCES OF 63.42
3 FEET, 116.92 FEET, 171.00 FEET AND 241.58 FEET TO A ONE-INCH
4 IRON PIPE AND THE POINT OF BEGINNING.
5 CONTAINING 1.9843 ACRES, MORE OR LESS.
6 (B) THE DEED OF CONVEYANCE FOR SUBSECTION (A) SHALL CONTAIN
7 A CLAUSE THAT THE PROPERTY CONVEYED SHALL BE USED FOR PUBLIC AND
8 COMMUNITY PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE SUPPLYING
9 OF WATER TO NORTH WARREN RESIDENTS BY THE NORTH WARREN MUNICIPAL
10 AUTHORITY AND, IF AT ANY TIME THE NORTH WARREN MUNICIPAL
11 AUTHORITY OR ITS SUCCESSOR IN FUNCTION CONVEYS THE PROPERTY OR
12 PERMITS THE PROPERTY TO BE USED FOR ANY PURPOSE OTHER THAN THOSE
13 SPECIFIED IN THIS SECTION, THE TITLE TO THE PROPERTY SHALL
14 IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
15 PENNSYLVANIA.
16 (b) The conveyance SECTION 4. THE CONVEYANCES IN SECTIONS <--
17 1, 2 AND 3 shall be made under and subject to all easements,
18 servitudes and rights of others, including, but not confined to,
19 streets, roadways and rights of telephone, telegraph, water,
20 electric, sewer, gas or pipeline companies, as well as under and
21 subject to any interest, estates or tenancies vested in third
22 persons, whether or not appearing of record, for any portion of
23 the land or improvements erected thereon.
24 (c) The deed SECTION 5. THE DEEDS of conveyance shall be <--
25 approved as provided by law and shall be executed by the
26 Secretary of General Services in the name of the Commonwealth of
27 Pennsylvania.
28 (d) SECTION 6. Costs and fees incidental to this conveyance <--
29 THESE CONVEYANCES shall be borne by the grantees. <--
30 Section 2 7. This act shall take effect immediately. <--
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