PRIOR PRINTER'S NO. 210 PRINTER'S NO. 1766
No. 219 Session of 1999
INTRODUCED BY DALLY, JANUARY 28, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 10, 1999
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to convey to East Allen Township,
3 Northampton County, certain land situate in East Allen
4 Township, Northampton County, Pennsylvania; AUTHORIZING AND <--
5 DIRECTING THE STATE ARMORY BOARD OF THE DEPARTMENT OF
6 MILITARY AND VETERANS AFFAIRS AND THE DEPARTMENT OF GENERAL
7 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TO THE
8 HISTORICAL AND GENEALOGICAL SOCIETY OF INDIANA COUNTY A TRACT
9 OF LAND SITUATE IN THE BOROUGH OF INDIANA, COUNTY OF INDIANA,
10 PENNSYLVANIA; AND AUTHORIZING THE RELEASE OF PROJECT 500
11 RESTRICTIONS ON CERTAIN LANDS IN THE BOROUGH OF DICKSON CITY,
12 LACKAWANNA COUNTY, FOR RESIDENTIAL DEVELOPMENT AND EXTENSION
13 OF JERMYN STREET UNDER CERTAIN CONDITIONS.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. (a) Authorization.--The Department of General <--
17 SECTION 1. EAST ALLEN TOWNSHIP. <--
18 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL Services, with
19 the approval of the Governor, is hereby authorized and directed
20 on behalf of the Commonwealth of Pennsylvania to grant and
21 convey to East Allen Township the tract of land described in
22 subsection (b), as a dedication of land in lieu of payment of
1 the full amount that could be assessed against the Department of
2 General Services as set forth in section 1007 of the East Allen
3 Township Subdivision and Land Development Ordinance.
4 (b) Description.--The property to be conveyed pursuant to
5 subsection (a) is the following tract of land situate in East
6 Allen Township, Northampton County, Pennsylvania, bounded and
7 described as follows:
8 BEGINNING at a point at the intersection of the center line
9 of Weaversville Road (SR 3017) and the center line of Colony
10 Drive (T-437) at the Southeast corner of the property herein
11 described, thence
12 (1) South 54 degrees 38 minutes 40 seconds West along the
13 dividing line of the Parcel herein described and Parcel VI of
14 the Allentown State Farm for a distance of 870 feet to a
15 concrete monument;
16 (2) North 33 degrees 47 minutes 40 seconds West along the
17 dividing line of the parcel herein described and Parcel VI of
18 the Allentown State Farm for a distance of 624.49 feet to a
19 concrete monument;
20 (3) North 57 degrees 01 minutes 07 seconds East along the
21 dividing line of the parcel herein described and lands now or
22 formerly of Northampton County for a distance of 517.79 feet to
23 a concrete monument;
24 (4) North 21 degrees 32 minutes 31 seconds East along the
25 dividing line of the parcel herein described and lands now or
26 formerly of Northampton County for a distance of 52.51 feet to a
27 concrete monument;
28 (5) North 63 degrees 21 minutes 08 seconds EAST along the <--
29 dividing line of the parcel herein described and lands now or
30 formerly of Northampton County for a distance of 299.92 feet to
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1 a center line of Weaversville Road (SR 3017);
2 (6) South 36 degrees 11 minutes 04 seconds East along the
3 center line of Weaversville Road (SR 3017) for a distance of
4 181.18 feet to a point;
5 (7) South 33 degrees 49 minutes 30 seconds East along the
6 center line of Weaversville Road (SR 3017) for a distance of
7 277.49 feet to a point;
8 (8) South 35 degrees 20 minutes 50 seconds EAST along the <--
9 center line of Weaversville Road (SR 3017) for a distance of
10 127.53 feet to a point; said point being the point of beginning.
11 CONTAINING an area of 12.16 acres as per survey of Kurtanich
12 Engineers & Associates, Inc., Hermitage, PA dated May 5, 1997.
13 Revised April 28, 1998.
14 (c) Easements.--The conveyance shall be made under and
15 subject to all easements, and rights of others, including, but
16 not confined to, streets, roadways and rights of any telephone,
17 telegraph, cable, water, electric, sewer, gas or pipeline
18 companies, as well as under and subject to any interest, estates
19 or tenancies vested in third persons, whether or not appearing
20 of record, for any portion of the land or improvements erected
21 thereon. FOR PURPOSES OF THIS ACT, THE TERMS "EASEMENTS" AND <--
22 "RIGHTS OF OTHERS" SHALL INCLUDE ANY AVIGATION EASEMENTS AND
23 AERIAL RIGHTS-OF-WAY, WHETHER OR NOT APPEARING OF RECORD,
24 CURRENTLY IN EXISTENCE AND USED BY THE LEHIGH-NORTHAMPTON
25 AIRPORT AUTHORITY.
26 (d) Execution.--The deed of conveyance shall be approved as
27 provided by law and shall be executed by the Secretary of
28 General Services in the name of the Commonwealth of
29 Pennsylvania. Within two years of this conveyance, East Allen
30 Township shall have the right of declaring in writing in the
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1 form of notice sent to the Department of General Services,
2 Bureau of Real Estate, 505 North Office Building, Harrisburg, PA
3 17125, a reversion of the property to the Department of General
4 Services in the event that East Allen Township determines that
5 there are environmental problems, not originating during East
6 Allen Township ownership, for which it chooses not to undertake
7 abatement and/or remediation of those problems. In the event the
8 property reverts to Commonwealth of Pennsylvania within two
9 years of this conveyance:
10 (1) East Allen Township shall assume financial
11 responsibility for any costs of restoring the Premises to the
12 condition it was in at the time of this transfer, if the
13 Premises are damaged as a result of East Allen Township's use
14 thereof, ordinary wear and tear excluded. Costs shall include,
15 but not be limited to, remediation of environmental
16 contamination, if any, resulting from East Allen Township's use
17 thereof.
18 (2) The Department of General Services will not be
19 responsible for any fees that were nullified by the dedication
20 of land in lieu of payment as set forth in section 1007 of East
21 Allen Township Subdivision and Land Development Ordinance.
22 (3) At the discretion of the Secretary of General Services,
23 the property shall be offered for sale through auction, sealed
24 bid or request for proposal, under terms of the act of April 9,
25 1929 (P.L.177, No.175), known as The Administrative Code of
26 1929, and conditions in section 2405-A of The Administrative
27 Code of 1929, authorizing the conveyance of the herein noted
28 property to East Allen Township shall automatically cease and
29 become null and void.
30 (E) PURPOSE.--NOTWITHSTANDING THE PROVISIONS SET FORTH IN <--
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1 SUBSECTION (D), THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE
2 THAT THE LAND CONVEYED SHALL BE USED ONLY FOR PURPOSES WHICH ARE
3 COMPATIBLE TO THE PROVISIONS UNDER THE SURPLUS PROPERTY
4 DISPOSITION PLAN NO. 1 OF 1995.
5 (e) (F) Costs.--All other costs and fees, including, but not <--
6 limited to, appraisal fees, title insurance and surveys,
7 incidental to this conveyance shall be borne by the grantee.
8 SECTION 2. BOROUGH OF INDIANA. <--
9 (A) AUTHORIZATION AND DESCRIPTION.--THE STATE ARMORY BOARD
10 OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS AND THE
11 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
12 GOVERNOR, ARE HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE
13 COMMONWEALTH, TO GRANT AND CONVEY TO THE HISTORICAL AND
14 GENEALOGICAL SOCIETY OF INDIANA COUNTY, FOR CONSIDERATION OF THE
15 CONVEYANCE OF LAND PROVIDED FOR IN SUBSECTION (B), THE FOLLOWING
16 TRACT OF LAND, TOGETHER WITH THE ARMORY THEREON ERECTED,
17 SITUATED IN THE BOROUGH OF INDIANA, COUNTY OF INDIANA,
18 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
19 BEGINNING AT A POST AT THE INTERSECTION OF WASHINGTON STREET
20 AND SIXTH STREET; THENCE ALONG THE WEST SIDE OF SIXTH STREET,
21 NORTH 2 DEGREES 48 MINUTES EAST 75 FEET TO A POST; THENCE ALONG
22 OTHER LAND OF OR FORMERLY OF THE COUNTY OF INDIANA OF WHICH THE
23 LOT HEREBY CONVEYED IS A PART, NORTH 89 DEGREES 33 MINUTES WEST
24 100.00 FEET TO A POST ON WAYNE AVENUE; THENCE ALONG THE EASTERN
25 SIDE OF WAYNE AVENUE, SOUTH 35 DEGREES 11 MINUTES WEST 91.13
26 FEET TO A POST CORNER OF WAYNE AVENUE AND WASHINGTON STREET;
27 THENCE ALONG THE NORTH SIDE OF WASHINGTON STREET, SOUTH 89
28 DEGREES 33 MINUTES EAST 184 FEET TO A POST ON SIXTH STREET THE
29 PLACE OF BEGINNING CONTAINING .5 ACRES ACCORDING TO A SURVEY OF
30 SAID LOT MADE BY THOMAS PESLOR ON JANUARY 11, 1917.
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1 (B) CONDITIONS.--THE CONVEYANCE AUTHORIZED IN SUBSECTION (A)
2 IS SUBJECT TO THE CONVEYANCE BY THE INDIANA COUNTY AIRPORT
3 AUTHORITY TO THE COMMONWEALTH OF PENNSYLVANIA BY GENERAL WARRANT
4 DEED, GOOD AND MARKETABLE FEE SIMPLE TITLE, FREE AND CLEAR OF
5 ALL LIENS AND ENCUMBRANCES THE FOLLOWING DESCRIBED TRACT OF
6 LAND:
7 THE TRUE POINT OF BEGINNING BEING A PT. IN CL GEESEY RD;
8 THENCE S 28 DEGREES 53 MINUTES 36 SECONDS E FOR 46.7700 FEET TO
9 A PT. IN CL GEESEY RD; THENCE ALONG A 244.2700 FEET RADIUS CURVE
10 TO THE RIGHT (CHORD BEARS S 22 DEGREES 54 MINUTES 11 SECONDS E
11 66.3800 FEET) 66.5860 FEET TO A PT. IN CL GEESEY RD; THENCE N 83
12 DEGREES 50 MINUTES 00 SECONDS W FOR 207.6100 FEET TO A FOUND
13 IRON PIN; THENCE S 10 DEGREES 41 MINUTES 00 SECONDS W FOR
14 198.9200 FEET TO A FOUND IRON PIN; THENCE S 04 DEGREES 10
15 MINUTES 00 SECONDS W FOR 594.7900 FEET TO A PT. IN CL STORMER
16 ROAD; THENCE N 86 DEGREES 17 MINUTES 26 SECONDS W FOR 252.8282
17 FEET TO A PT. IN CL STORMER ROAD; THENCE N 3 DEGREES 58 MINUTES
18 12 SECONDS E FOR 307.0400 FEET TO A FOUND IRON PIN; THENCE N 86
19 DEGREES 01 MINUTES 48 SECONDS W FOR 635.0000 FEET TO A FENCE
20 CORNER; THENCE N 03 DEGREES 58 MINUTES 12 SECONDS E FOR 574.7400
21 FEET TO A SET IRON PIN; THENCE S 86 DEGREES 09 MINUTES 04
22 SECONDS E FOR 1065.1972 FEET TO A PT. IN CL GEESEY RD, TO THE
23 TRUE POINT OF BEGINNING, THE AREA BEING 14.03 ACRES, ALL IN
24 WHITE TOWNSHIP, INDIANA COUNTY, PENNSYLVANIA, END OF
25 DESCRIPTION.
26 (C) EASEMENTS, ETC.--THE CONVEYANCE SHALL BE MADE UNDER AND
27 SUBJECT TO EASEMENTS, SERVITUDES, RIGHTS, INTERESTS, ESTATES OR
28 TENANCIES, WHETHER OR NOT APPEARING OF RECORD, FOR ANY PORTION
29 OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
30 (D) DEED APPROVAL.--THE DEED OF CONVEYANCE MUST BE APPROVED
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1 AS PROVIDED BY LAW AND SHALL BE EXECUTED BY THE ADJUTANT GENERAL
2 FOR THE STATE ARMORY BOARD OF THE DEPARTMENT OF MILITARY AND
3 VETERANS AFFAIRS AND THE SECRETARY OF GENERAL SERVICES IN THE
4 NAME OF THE COMMONWEALTH.
5 (E) COSTS.--THE COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE
6 SHALL BE BORNE BY THE GRANTEE.
7 SECTION 3. BOROUGH OF DICKSON CITY.
8 (A) AUTHORIZATION.--THE LANDS DESCRIBED IN SUBSECTIONS (B)
9 AND (C) ARE HEREBY RELEASED FROM ANY RESTRICTIONS OR
10 ENCUMBRANCES ON THE TITLE RESULTING FROM THE PROVISIONS OF THE
11 ACT OF JANUARY 19, 1968 (1967 P.L.996, NO.443), KNOWN AS THE
12 LAND AND WATER CONSERVATION AND RECLAMATION ACT, IN EXCHANGE FOR
13 USE OF A PORTION OF THE PROCEEDS FROM SALE OF THE LANDS
14 DESCRIBED IN SUBSECTION (B) TO ACQUIRE REPLACEMENT LANDS.
15 (B) LANDS TO BE RELEASED FROM RESTRICTIONS FOR RESIDENTIAL
16 DEVELOPMENT.--ALL THAT CERTAIN PLACE OF PARCEL OF LAND SITUATE
17 IN THE BOROUGH OF DICKSON CITY, COUNTY OF LACKAWANNA AND STATE
18 OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
19 BEGINNING AT AN IRON PIN IN LINE OF LANDS OF SOPHIE ROWKER
20 AND LAWRENCE ROWKER, SAID POINT BEING NORTH 40 DEGREES 45
21 MINUTES 00 SECONDS WEST DISTANT FOUR HUNDRED SEVENTY-FIVE
22 (475.00) FEET FROM A RAILROAD SPIKE MARKING THE SOUTHEASTERLY
23 CORNER OF SAID LANDS OF ROWKER ON THE NORTHWESTERLY LINE OF
24 WALKER COURT AS SHOWN ON A PLAN TITLE "MAP OF LANDS OF DICKSON
25 CITY BOROUGH INTENDED TO BE CONVEYED" DATED MAY 8, 1996 AND
26 PREPARED BY ACKER ASSOCIATES, INC.; THENCE ALONG SAID LANDS OF
27 ROWKER NORTH 40 DEGREES 45 MINUTES 00 SECONDS WEST FOUR HUNDRED
28 THREE AND NINETY-SIX HUNDREDTHS (403.96) FEET TO AN IRON PIN;
29 THENCE CONTINUING ALONG SAID LANDS OF ROWKER NORTH 49 DEGREES 15
30 MINUTES 34 SECONDS EAST SIX HUNDRED FOUR AND SEVENTY-TWO
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1 HUNDREDTHS (604.72) FEET TO AN IRON PIN ON THE SOUTHWESTERLY
2 LINE OF AN UNNAMED ALLEY; THENCE ALONG THE SOUTHWESTERLY LINE OF
3 SAID ALLEY SOUTH 67 DEGREES 33 MINUTES 13 SECONDS EAST THREE
4 HUNDRED EIGHTY FIVE AND THIRTY-NINE HUNDREDTHS (385.39) FEET TO
5 A REBAR ON THE NORTHWESTERLY LINE OF AN UNNAMED ALLEY; THENCE
6 ALONG THE NORTHWESTERLY LINE OF SAID ALLEY SOUTH 56 DEGREES 18
7 MINUTES 15 SECONDS WEST ONE HUNDRED TWENTY-ONE AND FIVE
8 HUNDREDTHS (121.05) FEET TO A REBAR; THENCE ALONG THE
9 SOUTHWESTERLY TERMINUS OF SAID ALLEY AND ALONG LANDS OF EDMUND
10 AND JEAN KISHEL, SOUTH 34 DEGREES 25 MINUTES 45 SECONDS EAST ONE
11 HUNDRED EIGHTY AND TWO HUNDREDTHS (180.02) FEET TO AN IRON PIN
12 ON THE NORTHWESTERLY LINE OF BREAKER STREET; THENCE THROUGH
13 LANDS OF THE BOROUGH OF DICKSON CITY ALONG THE EXTENSION OF SAID
14 LINE OF BREAKER STREET SOUTH 56 DEGREES 18 MINUTES 15 SECONDS
15 WEST FORTY-EIGHT AND NINETY-FIVE HUNDREDTHS (48.95) FEET TO AN
16 IRON PIN IN LINE OF OTHER LANDS OF THE BOROUGH OF DICKSON CITY
17 (DEED BOOK 710 PAGE 51) PROJECT 70 RESERVATION; THENCE ALONG
18 SAID LANDS NORTH 40 DEGREES 45 MINUTES 00 SECONDS WEST NINETY-
19 EIGHT AND SEVENTEEN HUNDREDTHS (98.17) FEET TO AN IRON PIN;
20 THENCE CONTINUING ALONG SAID LANDS SOUTH 49 DEGREES 15 MINUTES
21 00 SECONDS WEST (PASSING AN IRON PIN AT 550.00) FIVE HUNDRED
22 NINETY (590.00) FEET TO THE PLACE OF BEGINNING.
23 CONTAINING 6.466 ACRES OF LAND, BEING THE SAME MORE OR LESS.
24 (C) LANDS TO BE RELEASED FROM RESTRICTIONS FOR EXTENSION OF
25 JERMYN STREET.--ALL THAT CERTAIN PARCEL OF LAND LYING AND
26 SITUATE IN THE BOROUGH OF DICKSON CITY, COUNTY OF LACKAWANNA AND
27 COMMONWEALTH OF PENNSYLVANIA, MORE SPECIFICALLY HEREIN DESCRIBED
28 AS FOLLOWS:
29 BEGINNING AT A CORNER COMMON TO LANDS NOW OF FORMERLY
30 LAWRENCE ROWKER AND SOPHIE ROWKER AND TO LANDS OF THE BOROUGH OF
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1 DICKSON CITY, SAID CORNER ALSO BEING THE POINT OF INTERSECTION
2 OF THE NORTHWESTERLY SIDE OF WALKER COURT WITH THE SOUTHWESTERLY
3 SIDE OF JERMYN STREET EXTENDED:
4 THENCE ALONG THE LINE OF LANDS COMMON TO ROWKER AND TO THE
5 BOROUGH OF DICKSON CITY IN A NORTH 40 DEGREES 45 MINUTES 00
6 SECONDS WEST DIRECTION FOR A DISTANCE OF 474.96 FEET TO A
7 CORNER;
8 THENCE THROUGH LANDS OF DICKSON CITY BOROUGH IN A NORTH 49
9 DEGREES 15 MINUTES 00 SECONDS EAST DIRECTION FOR A DISTANCE OF
10 40.00 FEET TO A CORNER;
11 THENCE THROUGH LANDS OF DICKSON CITY BOROUGH IN A SOUTH 40
12 DEGREES 45 MINUTES 00 SECONDS EAST DIRECTION FOR A DISTANCES OF
13 474.96 FEET TO A CORNER;
14 THENCE ALONG THE NORTHWESTERLY SIDE OF WALKER COURT IN A
15 SOUTH 49 DEGREES 15 MINUTES 00 SECONDS WEST DIRECTION FOR A
16 DISTANCE OF 40.00 FEET TO THE PLACE OF BEGINNING.
17 CONTAINING .4361 ACRES OF LAND, BEING THE SAME OR LESS.
18 (D) USE OF SALE PROCEEDS.--AN AMOUNT OF $28,500 FROM THE
19 SALE PROCEEDS OF THE LANDS DESCRIBED IN SUBSECTION (B) SHALL BE
20 DEPOSITED INTO A SPECIAL ACCOUNT ESTABLISHED BY THE BOROUGH OF
21 DICKSON CITY FOR ACQUISITION OF REPLACEMENT LANDS. THE
22 REPLACEMENT LANDS SHALL BE ACQUIRED BY THE BOROUGH OF DICKSON
23 CITY WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS ACT AND ANY
24 FUNDS REMAINING IN THE SPECIAL ACCOUNT AFTER THE FOUR-YEAR
25 PERIOD MUST BE PAID TO THE COMMONWEALTH WITH 10% ANNUAL INTEREST
26 COMPOUNDED FOUR TIMES ANNUALLY.
27 (E) APPROVAL OF REPLACEMENT LAND.--LANDS ACQUIRED BY THE
28 BOROUGH OF DICKSON CITY IN ACCORDANCE WITH SUBSECTION (D) MUST
29 BE APPROVED BY THE DEPARTMENT OF CONSERVATION AND NATURAL
30 RESOURCES AND INCLUDE THE FOLLOWING DEED CLAUSE:
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1 "THIS LAND WAS ACQUIRED FOR PARK, RECREATION, AND
2 CONSERVATION PURPOSES AS DEFINED IN THE LAND AND WATER
3 CONSERVATION AND RECLAMATION ACT."
4 Section 2. This act shall take effect immediately. <--
5 SECTION 4. EFFECTIVE DATE. <--
6 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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