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                                                      PRINTER'S NO. 3687

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2496 Session of 2008


        INTRODUCED BY HELM, MAY 2, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 2, 2008

                                     AN ACT

     1  Authorizing the Department of General Services, with the
     2     approval of the Governor, to grant and convey to the
     3     Pennsylvania State Employees Credit Union, certain lands
     4     situate in Susquehanna Township, Dauphin County.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Conveyance in Susquehanna Township, Dauphin County.
     8     (a)  Authorization.--The Department of General Services, with
     9  the approval of the Governor, is authorized on behalf of the
    10  Commonwealth of Pennsylvania to grant and convey to the
    11  Pennsylvania State Employees Credit Union certain lands, and any
    12  improvements thereon, situate in Susquehanna Township, Dauphin
    13  County for $3,050,000 and under terms and conditions to be
    14  established in an agreement of sale with the Department of
    15  General Services.
    16     (b)  Description.--The property to be conveyed under
    17  subsection (a) consists of approximately 47.28-acres, and any
    18  improvements thereon, bounded and more particularly described as


     1  follows:
     2     BEGINNING at a point on the northerly right-of-way line of
     3  Elmerton Avenue, State Route 3026; thence through lands of the
     4  Commonwealth of Pennsylvania and Harrisburg State Hospital the
     5  following two courses and distances:  North 06 degrees 39
     6  minutes 06 seconds East a distance of 1,028.50 feet to a point;
     7  thence North 89 degrees 46 minutes 15 seconds East a distance of
     8  1,849.16 feet to a point on the westerly right-of-way line of
     9  Kohn Road; thence along said westerly right-of-way line the
    10  following seven courses and distances:  South 0013 minutes 45
    11  seconds East a distance of 196.65 feet to a point; thence South
    12  03 degrees 11 minutes 45 seconds East a distance of 192.27 feet
    13  to a point; thence along a line curving to the right having a
    14  radius of 409.91 feet, an arc length of 151.56 feet and a chord
    15  bearing South 07 degrees 23 minutes 46 seconds West a distance
    16  of 150.69 feet to a point; thence South 17 degrees 59 minutes 17
    17  seconds West a distance of 138.98 feet to a point; thence South
    18  13 degrees 20 minutes 17 seconds West a distance of 283.86 feet
    19  to a point; thence South 07 degrees 25 minutes 17 seconds West a
    20  distance of 95.46 feet to a point; thence along a line curving
    21  to the right having a radius of 25.00 feet, an arc length of
    22  35.63 feet and a chord bearing South 48 degrees 15 minutes 21
    23  seconds West a distance of 32.69 feet to a point on the
    24  northerly right-of-way line of Elmerton Avenue, State Route
    25  3026; thence along said northerly right-of-way line of Elmerton
    26  Avenue the following ten courses and distances: along a line
    27  curving to the left having a radius of 2,525.00 feet, an arc
    28  length of 259.95 feet and a chord bearing South 86 degrees 08
    29  minutes 27 seconds West a distance of 259.84 feet to a point;
    30  thence South 83 degrees 11 minutes 30 seconds West a distance of
    20080H2496B3687                  - 2 -     

     1  15.07 feet to a point; thence North 06 degrees 48 minutes 30
     2  seconds West a distance of 5.00 feet to a point; thence North 06
     3  degrees 48 minutes 30 seconds West a distance of 5.00 feet to a
     4  point; thence South 83 degrees 11 minutes 30 seconds West a
     5  distance of 555.94 feet to a point; thence along a line curving
     6  to the right having a radius of 770.00 feet an arc length of
     7  180.89 feet and a chord bearing South 89 degrees 55 minutes 18
     8  seconds West a distance of 180.47 feet to a point; thence North
     9  83 degrees 20 minutes 54 seconds West a distance of 251.13 feet
    10  to a point; thence South 06 degrees 39 minutes 06 seconds West a
    11  distance of 13.50 feet to a point; thence North 83 degrees 20
    12  minutes 54 seconds West a distance of 490.65 feet to a point;
    13  thence North 06 degrees 39 minutes 06 seconds East a distance of
    14  33.50 feet to a point; thence North 83 degrees 20 minutes 54
    15  seconds West a distance of 73.99 feet to a point, the place of
    16  BEGINNING.
    17  CONTAINING 47.28 - Acres more or less.
    18     (c)  Easements.--The conveyance shall be made under and
    19  subject to all lawful and enforceable easements, servitudes and
    20  rights of others, including streets, roadways and rights of any
    21  telephone, telegraph, water, electric, gas or pipeline
    22  companies, as well as under and subject to any lawful and
    23  enforceable estates or tenancies vested in third persons
    24  appearing of record, for any portion of the land or improvements
    25  erected thereon.
    26     (d)  Restrictions.--Any conveyance authorized under this
    27  section shall be made under and subject to the condition, which
    28  shall be contained in the deed of conveyance, that no portion of
    29  the property conveyed shall be used as a licensed facility, as
    30  defined under 4 Pa.C.S. § 1103 (relating to definitions), or any
    20080H2496B3687                  - 3 -     

     1  other similar type of facility authorized under State law. The
     2  condition shall be a covenant running with the land and shall be
     3  binding upon the grantee, its successors and assigns. If the
     4  grantee, its successors or assigns, permits any portion of the
     5  property authorized to be conveyed under this section to be used
     6  in violation of this subsection, the title shall immediately
     7  revert to and revest in the grantor.
     8     (e)  Special warranty deed.--The deed of conveyance shall be
     9  by special warranty deed and shall be executed by the Secretary
    10  of General Services in the name of the Commonwealth of
    11  Pennsylvania.
    12     (f)  Costs and fees.--Costs and fees incidental to this
    13  conveyance shall be borne by the grantee.
    14     (g)  Proceeds.--The Department of General Services shall
    15  utilize the proceeds from the conveyance to reimburse itself for
    16  costs or fees it incurred as a result of this conveyance. Any
    17  funds remaining after reimbursement to the Department of General
    18  Services shall be deposited into the Agricultural Farm
    19  Operations Account established under the act of June 18, 1982
    20  (P.L.549, No.159), entitled "An act providing for the
    21  administration of certain Commonwealth farmland within the
    22  Department of Agriculture."
    23     (h)  Alternate disposal.--If the grantee and the Department
    24  of General Services cannot reach a mutually acceptable agreement
    25  of sale within 12 months of the effective date of this section,
    26  the property may be disposed of in accordance with section 2406-
    27  A of the act of April 9, 1929 (P.L.177, No.175), known as The
    28  Administrative Code of 1929.
    29  Section 2.  Effective date.
    30     This act shall take effect immediately.
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