PRINTER'S NO. 715
No. 657 Session of 2007
INTRODUCED BY BASTIAN, CALTAGIRONE, CAPPELLI, CREIGHTON, DALEY, DENLINGER, FABRIZIO, FLECK, HALUSKA, HENNESSEY, HERSHEY, HESS, KILLION, KOTIK, MARSICO, McILHATTAN, MILLARD, MUSTIO, PHILLIPS, PYLE, RAPP, ROHRER, STERN AND THOMAS, MARCH 6, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 6, 2007
AN ACT 1 Authorizing and directing the Department of General Services, 2 with the approval of the Governor, to grant and convey to 3 Somerset County certain lands situated in Somerset Township, 4 Somerset County. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Coneyance of lands in Somerset Township, Somerset 8 County. 9 The Department of General Services, with the approval of the 10 Governor, is hereby authorized and directed on behalf of the 11 Commonwealth of Pennsylvania to grant and convey to the County 12 of Somerset certain land situated in Somerset Township, Somerset 13 County, for $290,000. 14 Section 2. Description of land. 15 The property to be conveyed pursuant to section 1 consists of 16 approximately 108.122-acres +/- and more particularly described 17 as follows: 18 BEGINNING at an existing concrete monument (found), a common
1 corner of the parcel herein described and lands of now or 2 formerly Gregory A. Maust and on line along lands now or 3 formerly of Donald Gene and Mary Elizabeth Snyder, thence along 4 the line of lands now or formerly of Donald Gene and Mary 5 Elizabeth Snyder, South 74 degrees 29 minutes 51 seconds West a 6 distance of 1260.20 feet to an existing concrete monument 7 (found); thence along the same North 69 degrees 54 minutes 10 8 seconds West a distance of 845.12 feet to an existing concrete 9 monument (found); then along the same, South 31 degrees 06 10 minutes 41 seconds West a distance of 90.39 feet to an existing 11 concrete monument (found) on the north right of way line of 12 lands now or formerly of the Pennsylvania Turnpike Commission; 13 thence along said right of way line, North 66 degrees 09 minutes 14 13 seconds West a distance of 1300.93 feet to a set iron 15 pin/cap, a common corner on the north right of way line of lands 16 now or formerly of the Pennsylvania Turnpike Commission and the 17 east right of way line of State Route 219; thence along the east 18 right of way line of said State Route 219, North 24 degrees 09 19 minutes 48 seconds East a distance of 935.02 feet to a set iron 20 pin/cap; thence along same, North 27 degrees 03 minutes 27 21 seconds East a distance of 751.38 feet, passing through a set 22 iron pin/cap at 640.00 feet, to a point at the centerline of 23 State Route 31 (Glades Pike); thence along centerline of said 24 road, South 82 degrees 14 minutes 10 seconds East a distance of 25 239.33 feet to a point; thence by an arc to the right along the 26 centerline of said road having a radius of 2864.93 feet and an 27 arc distance of 497.52 feet to a point; thence along centerline 28 of said road, South 72 degrees 17 minutes 10 seconds East a 29 distance of 1168.95 feet to a point, a common corner with lands 30 now or formerly of the Borough of Somerset; thence along lands 20070H0657B0715 - 2 -
1 now or formerly of the Borough of Somerset, South 04 degrees 41 2 minutes 00 seconds East a distance of 197.99 feet to an existing 3 bent 3/4 inch rebar (found); thence along same by an arc to the 4 left having a radius of 160.00 feet and an arc distance of 5 164.41 feet to a set iron pin/cap; thence along same, South 63 6 degrees 33 minutes 31 seconds East a distance of 224.06 feet to 7 an existing iron pin/cap (found) on line in common with lands 8 now or formerly of Robert E. and Naomi J. Sheeler; thence along 9 lands now or formerly of Robert E. and Naomi J. Sheeler, now or 10 formerly of Arnold W. and Susan K. Berkebile and now or formerly 11 of Gregory A. Maust, South 20 degrees 48 minutes 07 seconds East 12 a distance of 1069.20 feet, passing through an existing iron 13 pin/cap at 42.26 feet and an existing iron pin/cap at 588.21 14 feet, to an existing concrete monument, the place of BEGINNING. 15 Containing 108.122-acres more or less. 16 Section 3. Easements. 17 The conveyance shall be made under and subject to all lawful 18 and enforceable easements, servitudes and rights of others, 19 including, but not confined to, streets, roadways and rights of 20 any telephone, telegraph, water, electric, gas or pipeline 21 companies, as well as under and subject to any lawful and 22 enforceable estates or tenancies vested in third persons 23 appearing of record, for any portion of the land or improvements 24 erected thereon. 25 Section 4. Restrictions. 26 Any conveyance authorized under this act shall be made under 27 and subject to the condition, which shall be contained in the 28 deed of conveyance, that no portion of the property conveyed 29 shall be used as a licensed facility, as defined in 4 Pa.C.S. § 30 1103 (relating to definitions), or any other similar type of 20070H0657B0715 - 3 -
1 facility authorized under the laws of this Commonwealth. The 2 condition shall be a covenant running with the land and shall be 3 binding upon the Grantee, its successors and assigns. Should the 4 grantee, its successors or assigns, permit any portion of the 5 property authorized to be conveyed in this act to be used in 6 violation of this section, the title shall immediately revert to 7 and revest in the grantor. 8 Section 5. Special Warranty Deed. 9 The deed of conveyance shall be by Special Warranty Deed and 10 shall be executed by the Secretary of General Services in the 11 name of the Commonwealth of Pennsylvania. 12 Section 6. Costs and fees. 13 Costs and fees incidental to this conveyance shall be borne 14 by the grantee. 15 Section 7. Other costs and fees. 16 All costs and fees incurred by the Department of Corrections 17 in replacing a storage building located on the property to be 18 conveyed herein, shall be paid from the purchase price and that 19 amount shall be an executively authorized augmentation to the 20 appropriation from which the costs and fees were paid by the 21 Department of Corrections. The balance of the proceeds of the 22 sale shall be deposited in the General Fund. 23 Section 8. Effective date. 24 This act shall take effect immediately. A30L85JS/20070H0657B0715 - 4 -