PRIOR PRINTER'S NOS. 1177, 1908

PRINTER'S NO. 2029

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

904

Session of

2009

  

  

INTRODUCED BY DINNIMAN, JUNE 17, 2009

  

  

SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 7, 2010

  

  

  

AN ACT

  

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Authorizing the Department of General Services, with the

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approval of the Department of Public Welfare and the

3

Governor, to grant and convey to West Bradford Township,

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certain lands situate in West Bradford Township, Chester

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County; authorizing and directing the Department of General

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Services, with the approval of the Governor, to grant and

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convey to the Philadelphia Authority for Industrial

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Development certain lands situate in the 39th Ward of the

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City of Philadelphia; authorizing and directing the

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Department of General Services, with the approval of the

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Governor, to grant and convey to the Philadelphia Regional

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Port Authority certain submerged lands situate in the 39th

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Ward of the City of Philadelphia; and authorizing the

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Department of General Services, with the approval of the

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Governor and the Department of Military and Veterans Affairs,

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to grant and convey to Waynesburg University certain lands

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situate in the Borough of Waynesburg, Greene County.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Conveyance to West Bradford Township, Chester

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County.

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(a)  Authorization.--The Department of General Services, with

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the approval of the Department of Public Welfare and the

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Governor, is hereby authorized on behalf of the Commonwealth of

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Pennsylvania to grant and convey to West Bradford Township

 


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certain lands, known as Embreeville Center, situate in West

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Bradford and Newlin Townships, Chester County, for $2,000,000.00

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and under terms and conditions to be established in an agreement

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of sale with the Department of General Services.

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(b)  Property description.--The property to be conveyed

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pursuant to subsection (a) consists of approximately 225.115

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acres and all improvements thereon bounded and more particularly

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described as follows:

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ALL THAT CERTAIN tract of land with the buildings and

10

improvements thereon erected partly situated in the Township of

11

West Bradford and partly within the Township of Newlin, County

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of Chester, Commonwealth of Pennsylvania as shown on an

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ALTA/ACSM survey for Embreeville Center prepared by Stantec

14

Consulting Services, and dated September 30, 2008 (the "Stantec

15

Survey"), last revised on Oct. 7, 2008, the bounds of which

16

being described as follows to wit:

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BEGINNING at a point in the centerline in the bed of

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Telegraph Road (SR0162) (originally 33 feet wide right-of-way)

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which point being the southwesterly corner of parcel number

20

50-8-09.3, Lot 1 as shown on final plan for a 3 lot subdivision

21

for Commonwealth of Pennsylvania prepared by Lake, Roeder,

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Hillard & Beers dated April 30, 2001, Chester County Plat No.

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16063, (lands now or late West Bradford Township); THENCE from

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said Beginning Point and along title line and centerline in the

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bed of said Telegraph Road (aka Embreeville Road) the following

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six (6) courses and distances:

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1)  South 70°43'53" West, 414.88 feet to a point;

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2)  South 72°10'25" West, 352.39 feet to a point;

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3)  South 83°39'22" West, 205.68 feet to a point at or near

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the municipal boundary line dividing the Township of West

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Bradford, Chester County from the Township of Newlin, Chester

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County; THENCE crossing said line,

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4)  North 85°16'42" West, 150.23 feet to a point;

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5)  North 80°56'32" West, 412.72 feet to a point of curve;

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6)  along the arc of a circle curving to the left in a

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westwardly direction having a radius of 1,000.00 feet, an arc

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distance of 332.44 feet to a point; (chord bears South 89°32'03"

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West, 330.91 feet); THENCE leaving same and along lines of a

9

certain sewage treatment plant area, the following three (3)

10

courses and distances:

11

1)  South 11°15'43" East, 648.13 feet to a point;

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2)  South 78°31'24" West, 299.50 feet to a point;

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3)  North 11°15' 41" West, 645.59 feet to a point in the

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aforementioned title line and centerline in the bed of

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Embreeville Road;

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THENCE along same the following four (4) courses and distances:

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1)  South 77°54'34" West, 205.91 feet to a point of curve;

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2)  along the arc of a circle curving to the left in a

19

southwestwardly direction having a radius of 1,400.00 feet, an

20

arc distance of 199.73 feet to a point of reverse curve; (chord

21

bears South 73°49'21" West, 199.56 feet);

22

3)  along the arc of a circle curving to the right in a

23

southwestwardly direction having a radius of 1,100.00 feet, an

24

arc distance of 192.24 feet to a point of reverse curve; (chord

25

bears South 74°44'31" West, 192.00 feet);

26

4)  along the arc of a circle curving to the left in a

27

southwestwardly direction having a radius of 270.00 feet, an arc

28

distance of 139.65 feet to a point; (chord bears South 64°55'22"

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West, 138.10 feet); THENCE leaving said title line and

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centerline and along the easterly line of lands and other lands

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now or late Newlin Township the following four (4) courses and

2

distances:

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1)  North 50°37'59" West, 224.02 feet to a point:

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2)  North 23°27'59" West, 200.00 feet to a point;

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3)  North 71°52'59" West, 183.20 feet to a point;

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4)  North 83°24'59" West, 638.47 feet to a concrete monument;

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THENCE along the easterly line of a certain lot 3 per final plan

8

for a 3 lot subdivision for Commonwealth of Pennsylvania

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prepared by Lake, Roeder, Hillard & Beers dated April 3, 2001,

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Chester County Plat No. 16063, (lands now or late West Bradford

11

Township); North 08°09'10" West, 2,914.11 feet re-crossing the

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aforementioned municipal boundary dividing the Township of

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Newlin from the Township of West Bradford to a point in the

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southerly right-of-way line of Strasburg Road (SR3062) (60 feet

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wide right-of-way); THENCE along said right-of-way line of said

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Strasburg Road the following two (2) courses and distances:

17

1)  South 63°58'30" East, 130.55 feet to a point of curve;

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2)  along the arc of a circle curving to the left in a

19

southwestwardly direction having a radius of 1,940.08 feet, an

20

arc distance of 252.51 feet to a point of intersection with the

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westerly line of lands PSW Co. (Deed Book 4980 page 1763) (chord

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bears South 67°48'14" West, 252.33 feet); THENCE leaving said

23

southerly right-of-way line and along lines of land now or late

24

PSW Co. the following five courses and distances.

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1)  South 18°30'04" West, 198.80 feet to a point;

26

2)  South 66°11'30" East, 271.34 feet to a point;

27

3)  North 17°45'53" East, 68.38 feet to a point;

28

4)  South 81°07'24" East, 213.73 feet to a point;

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5)  North 16°30'11" East, 132.88 feet to a point in the

30

aforementioned southerly right-of-way line for Strasburg Road

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(SR 3062) (variable width right-of-way); THENCE along said

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southerly variable width right-of-way the following sixteen (16)

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courses and distances:

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1)  South 83°02'27" East, 21.46 feet to a point;

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2)  South 86°44'58" East, 52.01 feet to a point;

6

3)  North 89°32'52" East, 52.03 feet to a point;

7

4)  North 85°50'41" East, 52.06 feet to a point;

8

5)  North 83°14'14" East, 52.03 feet to a point;

9

6)  North 80°37'31" East, 51.99 feet to a point;

10

7)  North 76°54'59" East, 52.08 feet to a point;

11

8)  North 77°34'43" East, 51.63 feet to a point;

12

9)  North 77°10'04" East, 51.38 feet to a point;

13

10)  North 77°53'16" East, 51.12 feet to a point;

14

11)  North 76°22'58" East, 51.04 feet to a point;

15

12)  North 77°07'36" East, 50.91 feet to a point;

16

13)  North 71°18'37" East, 41.07 feet to a point;

17

14)  North 76°17'30" East, 536.71 feet to a point;

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15)  along the arc of a circle curving to the right in a

19

northeastwardly direction having a radius of 2,834.93 feet, an

20

arc distance of 413.90 feet to a point of tangency (chord bears

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North 80°28'27" East, 413.54 feet);

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16)  North 84°39'25" East, 228.25 feet to a point of

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intersection with the westerly line of lands now or late SPCA as

24

shown on Final Minor Subdivision Plan prepared for Chester

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County SPCA prepared by Regester Associates, Inc. (Chester

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County Plan No. 16616), THENCE along the westerly line of lands

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now or late SPCA South 09°23'14" East, 1,490.84 feet to a point;

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THENCE along the southerly line of said lands North 44°32'32"

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East, 1048.92 feet to the westerly line of Tattersall Golf

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Community; THENCE along said westerly line South 28°11'11" East,

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1

863.22 feet to a point which point being the northwesterly

2

corner of Lot 1 as shown in final plan for a 3 lot subdivision

3

for Commonwealth of Pennsylvania prepared by Lake, Roeder,

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Hillard & Beers dated April 30, 2001, (Chester County Plat No.

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16063); THENCE South 14°36'29" East, 701.96 feet to a point;

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THENCE still along said westerly line South 11°11'36" East,

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748.09 feet to the first mentioned point and place of Beginning.

8

Containing 235.675 acres more or less.

9

LESS AND EXCEPTING all that certain tract, piece or parcel of

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land situate in the Township of West Bradford, County of

11

Chester, Commonwealth of Pennsylvania, shown on the

12

aforementioned Stantec Survey as the "PennDOT Lease Area

13

Boundary" (hereinafter, the "PennDOT Exception") containing

14

approximately 459,993 square feet or 10.5600 acres (the Deed of

15

Conveyance described in subsection (h), shall exclude the

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PennDOT Exception by legal description, or by such other

17

reasonable method).

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(c)  Conditions.--The conveyance shall be made under and

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subject to all lawful and enforceable easements, servitudes and

20

rights of others, including, but not confined to, streets,

21

roadways and rights of any telephone, telegraph, cable, water,

22

electric, sewer, gas or pipeline companies, as well as under and

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subject to any lawful and enforceable interest, estates or

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tenancies vested in third persons, appearing of record, for any

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portion of the land or improvements erected thereon; provided,

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however, that the Department of General Services, as agent for

27

the Department of Public Welfare will retain building and

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systems maintenance obligations imposed on the lessor under an

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existing lease with Pennsylvania Clinical Schools, Inc., as

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tenant (which lease pertains to part of the land to be conveyed

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1

hereby), until such lease is terminated or expires.

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(d)  Restricted use.--Any conveyance authorized under this

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section shall be made under and subject to the condition, which

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shall be contained in the deed of conveyance, that no portion of

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the property conveyed shall be used as a licensed facility, as

6

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

7

other similar type of facility authorized under State law. The

8

condition shall be a covenant running with the land and shall be

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binding upon the Grantee, its successors and assigns. Should the

10

Grantee, its successors or assigns, permit any portion of the

11

property authorized to be conveyed in this section to be used in

12

violation of this subsection, the title to the property shall

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immediately revert to and revest in the Grantor. 

14

(e)  Open space covenant.--The deed of conveyance shall

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contain the following covenant (the "Open Space Covenant")

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applicable to the two portions of the property to be conveyed

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hereby that are described hereinafter and labeled "Open Space 1

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Area" and "Open Space 2 Area": "UNDER AND SUBJECT to the

19

condition that the portions of the land herein conveyed and

20

described hereinafter as "Open Space 1 Area" and "Open Space 2

21

Area" shall be used for open space uses and if at any time the

22

Grantee or its successors and assigns in title to the Open Space

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1 Area or Open Space 2 Area authorizes or permits said property

24

to be used for any purpose other than open space uses, and such

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improper use continues for more than sixty (60) days after

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written notice to the Grantee, its successors and assigns, then

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title to the Open Space 1 Area or Open Space 2 Area that is used

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for such improper purpose shall immediately thereupon revert to

29

and revest in the Commonwealth of Pennsylvania. For purposes

30

hereof, "open space uses" shall mean uses as defined in section

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2 of the act of January 19, 1968 (1967 P.L.992, No.442),

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entitled "An act authorizing the Commonwealth of Pennsylvania

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and the local government units thereof to preserve, acquire or

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hold land for open space uses," and shall include passive

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recreation purposes (by way of example, but not of limitation,

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walking and hiking) and reasonable improvements in connection

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with such uses (by way of example, but not of limitation,

8

footbridges, boardwalk paths, trails, access and fire roads). In

9

addition, the use of the parcels for purposes of above and below

10

ground utility transmission shall not be deemed a violation of

11

the aforesaid restriction."

12

The Open Space Covenant shall apply only to the areas bounded

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and described as follows:

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Open Space 1 Area

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ALL THAT CERTAIN tract of land situated in the Townships of

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West Bradford and Newlin, County of Chester, Commonwealth of

17

Pennsylvania as shown on the Stantec Survey as "Open Space 1

18

Area", the bounds of which being described as follows to wit:

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BEGINNING at an Iron pin found, said point being on the

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southwesterly corner of parcel 50-008-0009.02E, lot 3 as shown

21

in the Final Plan for a 3 Lot Subdivision for Commonwealth of

22

Pennsylvania prepared by Lake, Roeder, Hillard & Beers dated

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April 30, 2001, Chester County Plat No. 16063, (lands now or

24

late West Bradford Township); THENCE from said Beginning Point

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North 08°09'10" West, a distance of 1111.35 feet, crossing the

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Newlin/Bradford Township line; thence North 62°36'08" East, a

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distance of 690.16 feet; thence North 76°10'48" East, a distance

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of 120.64 feet; thence North 02°19'47" East, a distance of

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299.89 feet; thence North 74°22'55" East, a distance of 359.85

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feet; thence South 54°55'17" East, a distance of 354.19 feet;

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1

thence South 07°52'43" West, a distance of 249.10 feet; thence

2

South 33°39'26" West, a distance of 326.51 feet; thence South

3

16°13'43" West, a distance of 195.88 feet; thence South

4

24°22'18" East, a distance of 112.30 feet; thence South

5

19°17'30" West, a distance of 437.23 feet; thence South

6

09°29'13" West, a distance of 223.26 feet; thence re-crossing

7

the Newlin/Bradford Township line South 10°41'23" East, a

8

distance of 239.15 feet; thence South 29°09'45" East, a distance

9

of 213.45 feet; thence South 22°36'57" East, a distance of

10

234.15 feet to a point on the Northerly Right of Way Line of

11

Telegraph Road (33'Wide); thence South 50°18'34" West 8.21 feet

12

along said right of way line; thence North 50°37'59" West, a

13

distance of 207.25 feet; thence North 23°27'59" West, a distance

14

of 200.00 feet; thence North 71°52'59" West, a distance of

15

183.20 feet; thence North 83°24'59" West, a distance of 638.47

16

feet to the POINT OF BEGINNING. 

17

Containing 1,684,811 square feet or 38.667 acres, more or less.

18

Open Space 2 Area

19

ALL THAT CERTAIN tract of land situated in the Township of

20

West Bradford, County of Chester, Commonwealth of Pennsylvania

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as shown on the Stantec Survey as "Open Space 2 Area", the

22

bounds of which being described as follows to wit:

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BEGINNING at a point, said point being an iron pin found at

24

the Southwest corner of number 50-008-0009.04 as shown in that

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Plan Prepared For Chester County S.P.C.A, prepared by Regester

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Associates, Inc. dated 3-12-02, Chester County Plat No. 16616,

27

and running thence South 84°03'53" West, a distance of 532.02

28

feet; said point being 25 feet easterly from the centerline of

29

the existing access road, and the following five (5) calls being

30

parallel to, and 25 feet from said centerline : thence (1) North

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1

21°11'12" East, a distance of 216.81 feet to a point of curve to

2

the left having a radius of 400.00 feet; thence (2) northerly

3

along the arc a distance of 475.00 feet; (chord bears North

4

12°49'57" West, a distance of 447.58 feet); thence (3) North

5

46°51'06" West, a distance of 177.17 feet to a point of curve to

6

the right having a radius of 200.00 feet; thence (4)

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northwesterly along the arc a distance of 118.46 feet; (chord

8

bears North 29°52'59" West, a distance of 116.74 feet); thence

9

(5) North 12°54'53" West, a distance of 52.17 feet; thence North

10

71°52'49" East, a distance of 606.56 feet to the Westerly line

11

of Lands Now of Formerly Chester County S.P.C.A., aforesaid;

12

thence South 09°23'14" East, a distance of 1059.60 feet along

13

said Westerly line to the POINT OF BEGINNING.

14

Containing 463,463 square feet or 10.640 acres, more or less.

15

(f)  Public recreation area covenant.--The deed of conveyance

16

shall contain the following covenant ("Public Recreation Area

17

Covenant") applicable to the three portions of the property to

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be conveyed hereby that are described hereinafter and labeled

19

"Recreation Parcel 1 Area", "Recreation Parcel 2 Area," and

20

"Recreation Parcel 3 Area": "UNDER AND SUBJECT to the condition

21

that the portions of the land herein conveyed and described

22

hereinafter as "Recreation Parcel 1 Area", "Recreation Parcel 2

23

Area," and "Recreation Parcel 3 Area" shall be used for public

24

recreational purposes and if at any time the Grantee or its

25

successors and assigns in title to the Recreation Parcel 1 Area,

26

the Recreation Parcel 2 Area, or the Recreation Parcel 3 Area

27

authorizes and permits said property to be used for any purpose

28

other than public recreational purposes, and such improper use

29

continues for more than sixty (60) days after written notice to

30

the Grantee, its successors and assigns, then title to the

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"Recreation Parcel 1 Area", "Recreation Parcel 2 Area," or

2

"Recreation Parcel 3 Area" that is used for such improper

3

purpose shall immediately thereupon revert to and revest in the

4

Commonwealth of Pennsylvania. For purposes hereof, "public

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recreational purposes" shall mean "open space uses" as defined

6

in 32 P.S. § 5002 and, in addition, shall include active and

7

passive recreational activities and improvements in connection

8

with such activities (by way of example, but not of limitation,

9

jogging tracks, soccer fields, baseball diamonds, access and

10

fire roads, parking lots, picnic groves, stormwater runoff

11

facilities). The use of the parcels for purposes of above and

12

below ground utility transmission shall not be deemed a

13

violation of the aforesaid restriction. In addition, drives and

14

roads necessary or useful in providing pedestrian and/or

15

vehicular access to other portions of the property subject to

16

this restriction or to neighboring properties shall not be

17

deemed a violation of the aforesaid restriction."

18

The Public Recreation Area Covenant shall apply only to the

19

areas bounded and described as follows: 

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Recreation Parcel 1 Area 

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ALL THAT CERTAIN tract of land situated in the Township of

22

West Bradford, County of Chester, Commonwealth of Pennsylvania

23

as shown on a Boundary Survey for Embreeville Center prepared by

24

Stantec Consulting Services Inc., the bounds of which being

25

described as follows to wit:

26

BEGINNING at a point in the northerly right-of-way line of

27

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

28

being on the Westerly line of parcel number 50-8-09.3, Lot 1 as

29

shown in Final Plan for a 3 Lot Subdivision for Commonwealth of

30

Pennsylvania prepared by Lake, Roeder, Hillard & Beers dated

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1

April 30, 2001, Chester County Plat No. 16063, (lands now or

2

late West Bradford Township); THENCE from said Beginning Point

3

and along said right of way line of said Telegraph Road (aka

4

Embreeville Road) the following five (5) courses and distances:

5

thence (1) South 70°43'53" West, a distance of 417.01 feet;

6

thence (2) South 72°10'25" West, a distance of 350.52 feet;

7

thence (3) South 83°39'22" West, a distance of 202.42 feet;

8

thence (4) North 85°16'42" West, a distance of 148.63 feet;

9

thence (5) North 80°52'41" West, a distance of 42.17 feet; to a

10

point on the Easterly line of the "PennDOT Exception" and the

11

following four (4) calls being on said easterly line; thence (1)

12

North 03°02'23" West, a distance of 387.11 feet; thence (2)

13

North 45°56'43" East, a distance of 161.07 feet; thence (3)

14

North 88°41'01" East, a distance of 211.29 feet; thence (4)

15

North 01°18'59" West, a distance of 74.97 feet; thence leaving

16

said lease line North 54°37'52" East, a distance of 614.35 feet;

17

thence North 79°24'36" East, a distance of 173.55 feet to a

18

point on the grantors Easterly property line; thence South

19

11°11'36" East, a distance of 731.42 feet to the POINT OF

20

BEGINNING.

21

Containing 693,086 square feet or 15.911 acres, more or less.

22

Recreation Parcel 2 Area

23

ALL THAT CERTAIN tract of land situated in the Townships of

24

West Bradford and Newlin, County of Chester, Commonwealth of

25

Pennsylvania as shown on a Boundary Survey for Embreeville

26

Center prepared by Stantec Consulting Services Inc., the bounds

27

of which being described as follows to wit:

28

BEGINNING at a point in the northerly right-of-way line of

29

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

30

being on the interior line extended of the "PennDOT Exception"

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1

and thence from said Beginning Point and along said right of way

2

fine of said Telegraph Road (aka Embreeville Road) the following

3

two (2) courses and distances: thence (1)North 80°56'32" West, a

4

distance of 294.08 feet crossing the township line of West

5

Bradford and Newlin to a point of curve to the left having a

6

radius of 1016.50 feet thence (2) westerly along the arc a

7

distance of 23.56 feet; (chord bears North 81°36'22" West, a

8

distance of 23.56 feet); to a point along said lease line

9

extended and the following three(3) calls being along said lease

10

line; thence (1) North 05'40'00" West, a distance of 213.39

11

feet; thence (2) North 88°50'24" East, a distance of 333.34

12

feet; thence (3) South 00'19'23" East, a distance of 268.84 feet

13

to the POINT OF BEGINNING.

14

Containing 77,546 square feet or 1.780 acres, more or less.

15

Recreation Parcel 3 Area

16

ALL THAT CERTAIN tract of land situated in the Townships of

17

West Bradford and Newlin, County of Chester, Commonwealth of

18

Pennsylvania as shown on a Boundary Survey for Embreeville

19

Center prepared by Stantec Consulting Services Inc., the bounds

20

of which being described as follows to wit:

21

BEGINNING at a point in the northerly right-of-way line of

22

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

23

being on the westerly line extended of the "PennDOT Exception"

24

and thence from said Beginning Point and along said right of way

25

line of said Telegraph Road (aka Embreeville Road) the following

26

five (5) courses and distances: along the arc of a 1016.50 foot

27

radius curve to the left, thence (1) westerly along the arc, of

28

said curve 82.76 feet;(chord bears South 82°19'36" West a

29

distance of 82.74 feet); thence (2)South 77°59'07" West, a

30

distance of 505.74 feet to the point on the arc of a 1416.50

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1

foot radius curve to the left; thence (3) westerly along the arc

2

of said curve a distance of 202.08 feet; (chord bears South

3

73°49'21" West a distance of 201.91 feet); to a point of a

4

reverse curve to the right having a radius of 1083.50 feet;

5

thence (4) westerly along the arc, a distance of 189.36 feet

6

(chord bears South 74°44'31" West a distance of 189.12 feet to a

7

point of reverse curve to the left having a radius of 286.50

8

feet thence (5) southwesterly along the arc, a distance of

9

143.10 feet (chord bears South 65°26'23"West a distance of

10

141.62 feet; thence leaving said right of way North 22°36'57"

11

West, a distance of 234.15 feet; thence North 29°09'45" West, a

12

distance of 213.45 feet; thence North 10°41'23" West, a distance

13

of 239.15 feet; thence North 09°29'13" East, a distance of

14

223.26 feet; thence North 81°02'01" East, a distance of 916.33

15

feet to a point east of the paved access road; thence parallel

16

to, and 25 feet distant from, the center of the access road the

17

following three (3) calls: to the point of curve of a 275 foot

18

radius curve to the right, thence (1) southeasterly along the

19

arc, a distance of 260.52 feet(chord bears South 28°45'36" East

20

a distance of 250.89 feet) to the point of curve of a 125 foot

21

radius curve to the left, thence (2) southeasterly along the arc

22

a distance of 196.35 (chord bears South 46°37'14" East a

23

distance of 176.78 feet); thence (3)North 88°22'46" East, a

24

distance of 85.00 feet to a point on the aforementioned westerly

25

lease line; thence South 06°37'15" East, a distance of 382.95

26

feet along said line extended to the POINT OF BEGINNING.

27

Containing 904,485 square feet or 20.764 acres, more or less.

28

(g)  Intent.--It is the intention of this section, among

29

other things, to require that a portion of the property to be

<--

30

conveyed hereby (the "Ground Lease Area") be leased by West

- 14 -

 


1

Bradford Township to Pennsylvania Clinical Schools, Inc, its

2

successors or designees upon terms and conditions acceptable to

<--

3

the Department of Public Welfare and the parties to such lease.

4

Accordingly, the Department of General Services shall require

<--

5

that the agreement of sale with between the Department of

<--

6

General Services and West Bradford Township shall contain a

<--

7

provision that will survive settlement for one year requiring

<--

8

West Bradford Township to lease negotiate in good faith for a

<--

9

lease of the Ground Lease Area to Pennsylvania Clinical Schools,

10

Inc., or its successors or designee, upon terms and conditions

11

acceptable to the Department of Public Welfare and, West

<--

12

Bradford Township and Pennsylvania Clinical Schools, Inc. The

<--

13

Ground Lease Area shall be substantially in accordance with the

14

following legal description: 

15

Pennsylvania Clinical Schools

16

ALL THAT CERTAIN tract of land situated in the Townships of

17

West Bradford and Newlin, County of Chester, Commonwealth of

18

Pennsylvania as shown on a Boundary Survey for Embreeville

19

Center prepared by Stantec Consulting Services Inc., the bounds

20

of which being described as follows to wit: 

21

BEGINNING AT POINT, said point being the Northwest corner of

22

lands now or formerly Philadelphia Suburban Water company, said

23

point also being on the Southerly line of Strasburg Road (SR

24

3062, variable width) an iron pin found; and the following five

25

(5) calls being along said lands:

26

1)  thence South 18°30'04" West, a distance of 199.80 feet to

27

an iron pin;

28

2)  thence South 66°11'30" East, a distance of 271.34 feet;

29

3)  thence North 17°45'53" East, a distance of 68.38 feet;

30

4)  thence South 81°07'24" East, a distance of 213.73 feet;

- 15 -

 


1

5)  thence North 16°30'11" East, a distance of 132.88 feet,

2

said point also being on said Southerly line of Strasburg Road

3

and the following four (4) calls on aforementioned Southerly

4

line:

5

1)  thence South 83°02'27" East, a distance of 21.46 feet to

6

a point;

7

2)  thence South 86°44'58" East, a distance of 52.01 feet to

8

a point;

9

3)  thence North 89°32'52" East, a distance of 52.03 feet to

10

a point;

11

4)  thence North 85°50'41" East, a distance of 41.67 feet to

12

a point;

13

thence leaving said Southerly line South 01°59'21" East, a

14

distance of 125.84 feet;

15

thence South 73°15'08" West, a distance of 190.18 feet to a

16

point;

17

thence South 06°49'21" East, a distance of 120.01 feet to a

18

point;

19

thence South 42°30'27" West, a distance of 201.78 feet to a

20

point;

21

thence South 09°25'50" West, a distance of 231.75 feet to a

22

point;

23

thence South 14°40'42" East, a distance of 561.45 feet to a

24

point online with Open Space 1 as shown on said plan:

25

thence South 62°36'08" West, along said line, a distance of

26

587.05 feet, more or less to a point on the line of lands now or

27

formerly West Bradford Township;

28

thence along said line North 08°09'10" West, a distance of

29

1,802.76 feet to the aforementioned Southerly line of Strasburg

30

Road, and the following two (2) calls being on said Southerly

- 16 -

 


1

line:

2

1)  thence South 63°58'30" East, a distance of 130.56 feet;

3

2)  thence easterly, a distance of 252.51 feet along a non

4

tangent curve to the left of which the radius point lies North

5

25°55'29" East a radius of 1,940 feet, and having a central

6

angle of 07°27'26" to the POINT OF BEGINNING.

7

Containing 838,893 square feet or 19.258 acres,

8

more or less.

9

(h)  Deed.--The Deed of Conveyance shall be by Special

10

Warranty Deed and shall be executed by the Secretary of General

11

Services in the name of the Commonwealth of Pennsylvania.

12

(i)  Costs and fees.--Costs and fees incidental to the

13

conveyance authorized by this section shall be borne by the

14

Grantees.

15

(j)  Relocation of programs.--In order to effectuate this

16

section, the Department of General Services and the Department

17

of Public Welfare are hereby authorized to relocate any

18

remaining programs, as of the effective date of this section, at

19

Embreeville Center to any other Commonwealth-owned and operated

20

State mental health or State mental retardation facility without

21

the necessity to comply with any local land use controls,

22

including, but not limited to, zoning, subdivision and land

23

development ordinances.

24

(k)  Alternative disposition.--In the event that an agreement

25

of sale between the Department of General Services and West

26

Bradford Township is not executed within 18 months of the

27

effective date of this section, the property may be disposed of

28

in accordance with Article 2405-A of the act of April 9, 1929

29

(P.L. 177, No. 175), known as the Administrative Code of 1929.

30

Section 2.  Conveyance in 39th Ward, City of Philadelphia.

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- 17 -

 


1

(a)  Authorization.--The Department of General Services, with

2

the approval of the Governor, is hereby authorized and directed

3

on behalf of the Commonwealth of Pennsylvania to grant and

4

convey to the Philadelphia Authority for Industrial Development,

5

for $1, certain lands situate in the 39th Ward of the City of

6

Philadelphia described in subsection (b).

7

(b)  Description.--The lands to be conveyed pursuant to

8

subsection (a) consist of 52.78 acres more particularly

9

described as follows:

10

ALL THAT CERTAIN land located in the City of

11

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

12

that was made fast land by having fill placed upon it, a

13

general description based upon paper survey as follows to

14

wit:

15

Beginning at a point measured the sixteen (16) following

16

courses and distances from the intersection of the easterly

17

side of Broad Street (at 300 feet wide) with the

18

southwesterly side of Pattison Avenue (at 120 feet wide):

19

1.  Southwesterly along the easterly side of Broad Street,

20

2,527.57 feet to a point;

21

2.  Southeasterly at right angles to said Broad Street, 37

22

feet to a drill hole set, a corner for the said lands now

23

or formerly of Consolidated Rail Corporation; (courses 3

24

through 8 along the southerly side of lands now or

25

formerly of Consolidated Rail Corporation);

26

3.  South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

27

a drill hole set;

28

4.  South 76 degrees 31 minutes 21 seconds East 229.54 feet

29

to an iron pin set;

30

5.  South 68 degrees 33 minutes 21 seconds East, 284.65 feet

- 18 -

 


1

to an iron pin set;

2

6.  South 63 degrees 50 minutes 26 seconds East, 341 feet to

3

an iron pin set;

4

7.  Southeasterly by a curve to the left having a radius of

5

2,287.44 feet, and an arc length of 730.03 feet to an

6

iron pin set, said point being distant by a chord of

7

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

8

from last described point;

9

8.  South 82 degrees 07 minutes 34 seconds East 1,741.91

10

feet;

11

9.  South 76 degrees 03 minutes 40 seconds East, 6093.91

12

feet;

13

10.  South 60 degrees 56 minutes 20 seconds West, 1,240.00

14

feet

15

11.  South 73 degrees 56 minutes 20 seconds West, 470.00

16

feet;

17

12.  North 66 degrees 33 minutes 40 seconds West, 340.00

18

feet;

19

13.  North 84 degrees 33 minutes 40 seconds West, 1,470.00

20

feet;

21

14.  North 75 degrees 03 minutes 40 seconds West, 920.00

22

feet;

23

15.  North 82 degrees 18 minutes 40 seconds West, 910.00

24

feet;

25

16.  North 66 degrees 48 minutes 40 seconds West, 414.28 feet

26

to the place of beginning.

27

Thence from the said point of Beginning, the nine (9)

28

following described courses and distances;

29

1.  South 00 degrees 00 minutes 00 seconds West 618.53 feet;

30

2.  North 67 degrees 26 minutes 48 seconds West, 1,040.00

- 19 -

 


1

feet;

2

3.  North 62 degrees 56 minutes 04 seconds West, 2,375.00

3

feet;

4

4.  North 78 degrees 41 minutes 48 seconds West, 500.00 feet;

5

5.  North 82 degrees 35 minutes 18 seconds West, 475.00 feet;

6

6.  North 13 degrees 11 minutes 20 seconds East, 550.00 feet;

7

7.  North 87 degrees 40 minutes 20 seconds East, 386.51 feet;

8

8.  South 65 degrees 18 minutes 40 seconds East, 2,154.00

9

feet;

10

9.  South 66 degrees 48 minutes 40 seconds East, 1705.72 feet

11

to the point of beginning.

12

(c)  Easements.--The conveyance shall be made under and

13

subject to all lawful and enforceable easements, servitudes and

14

rights of others, including but not confined to streets,

15

roadways and rights of any telephone, telegraph, water,

16

electric, gas or pipeline companies, as well as under and

17

subject to any lawful and enforceable estates or tenancies

18

vested in third persons appearing of record, for any portion of

19

the land or improvements erected thereon.

20

(d)  Deed.--The deed of conveyance shall contain a clause

21

requiring that promptly after receipt of the deed of conveyance

22

the Philadelphia Authority for Industrial Development shall

23

convey for the consideration of one dollar portions of, or

24

rights in, the lands conveyed herein to any entity claiming an

25

interest therein, including but not confined to fee ownership,

26

easements, rights of way or other estates or tenancies,

27

resulting from a prior grant or conveyance by the Philadelphia

28

Authority for Industrial Development to such entity based upon

29

any conveyance from the United States to the Philadelphia

30

Authority for Industrial Development.

- 20 -

 


1

(e)  Deed execution.--The deed of conveyance authorized by

2

this section shall be approved as provided by law and shall be

3

executed by the Secretary of General Services in the name of the

4

Commonwealth of Pennsylvania.

5

(f)  Costs and fees.--Costs and fees incidental to this

6

conveyance shall be borne by the grantee.

7

Section 3.  Submerged land in the City of Philadelphia.

8

(a)  Authorization.--The Department of General Services, with

9

the approval of the Governor, is hereby authorized and directed

10

on behalf of the Commonwealth of Pennsylvania to grant and

11

convey to the Philadelphia Regional Port Authority for $1

12

certain lands situate in the 39th Ward of the City of

13

Philadelphia described in subsection (b).

14

(b)  Description.--The lands to be conveyed under subsection

15

(a) consist of 196.10 acres more particularly described as

16

follows:

17

ALL THAT CERTAIN land located in the City of

18

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

19

that was made fast land by having fill placed upon it, a

20

general description based upon paper survey as follows to

21

wit:

22

Beginning at a point near the Bulkhead Line of the

23

Delaware River, as established by the Secretary of War,

24

September 10, 1940, a common corner for lands now or formerly

25

of Consolidated Rail Corporation, and Parcel 9, the said

26

point being measured the nine (9) following courses and

27

distances from the intersection of the easterly side of Broad

28

Street (at 300 feet wide) with the southwesterly side of

29

Pattison Avenue (at 120 feet wide):

30

1.  Southwesterly along the easterly side of Broad Street,

- 21 -

 


1

2,527.57 feet to a point;

2

2.  Southeasterly at right angles to said Broad Street, 37

3

feet to a drill hole set, a corner for the said lands now

4

or formerly of Consolidated Rail Corporation; (courses 3

5

through 8 along the southerly side of lands now or

6

formerly of Consolidated Rail Corporation);

7

3.  South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

8

a drill hole set;

9

4.  South 76 degrees 31 minutes 21 seconds East 229.54 feet

10

to an iron pin set;

11

5.  South 68 degrees 33 minutes 21 seconds East, 284.65 feet

12

to an iron pin set;

13

6.  South 63 degrees 50 minutes 26 seconds East, 341 feet to

14

an iron pin set;

15

7.  Southeasterly by a curve to the left having a radius of

16

2,287.44 feet, and an arc length of 730.03 feet to an

17

iron pin set, said point being distant by a chord of

18

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

19

from last described point;

20

8.  South 82 degrees 07 minutes 34 seconds East 1,741.91 feet

21

to a point; and

22

9.  South 76 degrees 03 minutes 40 seconds East, 6093.91 feet

23

to the said point of Beginning;

24

Thence from the said point of Beginning, the nineteen

25

(19) following described courses and distances;

26

1.  South 76 degrees 03 minutes 40 seconds East, 50.00 feet;

27

2.  South 40 degrees 23 minutes 05 seconds West, 1,627.95

28

feet;

29

3.  South 58 degrees 07 minutes 17 seconds West, 1,737.34

30

feet;

- 22 -

 


1

4.  South 78 degrees 26 minutes 04 seconds West, 1,099.52

2

feet;

3

5.  South 78 degrees 27 minutes 42 seconds West, 2,645.60

4

feet;

5

6.  North 86 degrees 01 minutes 55 seconds West, 340.00 feet;

6

7.  North 00 degrees 56 minutes 51 seconds West, 960.00 feet;

7

8.  North 82 degrees 02 minutes 26 seconds East, 1,650.00

8

feet;

9

9.  North 12 degrees 11 minutes 20 seconds East, 150.00 feet;

10

10.  North 58 degrees 52 minutes 22 seconds East, 1,005.00

11

feet;

12

11.  North 72 degrees 03 minutes 16 seconds West, 1,580.00

13

feet;

14

12.  North 00 degrees 00 minutes 00 seconds East 618.53 feet;

15

13.  South 66 degrees 48 minutes 40 seconds East, 414.28

16

feet;

17

14.  South 82 degrees 18 minutes 40 seconds East, 910.00

18

feet;

19

15.  South 75 degrees 03 minutes 40 seconds East, 920.00

20

feet;

21

16.  South 84 degrees 33 minutes 40 seconds East, 1,470.00

22

feet;

23

17.  South 66 degrees 33 minutes 40 seconds East, 340.00

24

feet;

25

18.  North 73 degrees 56 minutes 20 seconds East, 470.00

26

feet;

27

19.  North 60 degrees 56 minutes 20 seconds East, 1,240.00

28

feet; to the point of beginning.

29

(c)  Easements.--The conveyance shall be made under and

30

subject to all lawful and enforceable easements, servitudes and

- 23 -

 


1

rights of others, including but not confined to streets,

2

roadways and rights of any telephone, telegraph, water,

3

electric, gas or pipeline companies, as well as under and

4

subject to any lawful and enforceable estates or tenancies

5

vested in third persons appearing of record, for any portion of

6

the land or improvements erected thereon.

7

(d)  Deed.--

8

(1)  The deed of conveyance shall contain a clause that

9

the lands conveyed herein shall be used only for maritime

10

purposes by the grantee, or its successor in interest with an

11

exception allowing the Philadelphia Regional Port Authority

12

to lease, license or grant easements to the Philadelphia

13

Authority for Industrial Development to allow the

14

Philadelphia Authority for Industrial Development or its

15

agents to fulfill obligations that it may have made in

16

reliance on any conveyance from the United States to the

17

Philadelphia Authority for Industrial Development. Should the

18

grantee, or its successor in interest, allow the lands

19

conveyed to be used for any other purpose or attempt to

20

convey or transfer the lands, the title shall immediately

21

revert to and revest in the grantor. The term "maritime

22

purposes" shall mean activities directly related to the

23

handling of cargo for import or export or the transport of

24

passengers through the Port of Philadelphia but the term

25

shall not mean activities related to gambling or gaming.

26

(2)  The deed of conveyance shall contain a clause that

27

if the Philadelphia Regional Port Authority or its successor

28

in interest cease to exist, the lands conveyed herein shall

29

immediately revert to and revest in the grantor, unless a

30

successor authority has been formed to continue the

- 24 -

 


1

Commonwealth's governance of regional port activities along

2

the Delaware River.

3

(e)  Land use restriction.--All deeds or leases authorized or

4

referred to under this section shall be made under and subject

5

to the condition, which shall be contained in the deed or lease

6

documents, that no portion of the parcels shall be used as a

7

licensed facility as defined in 4 Pa.C.S. § 1103 (relating to

8

definitions) or any other similar type of facility authorized

9

under the laws of this Commonwealth. This condition shall be a

10

covenant running with the land and shall be binding upon the

11

deed or lease or sublessees and their respective successors and

12

assigns. Should any portion of any parcel authorized for

13

conveyance under this section be used in violation of this

14

subsection, the title shall immediately revert to and revest in

15

the grantor.

16

(f)  Deed execution.--The deed of conveyance authorized by

17

this section shall be approved as provided by law and shall be

18

executed by the Secretary of General Services in the name of the

19

Commonwealth of Pennsylvania.

20

(g)  Costs and fees.--Costs and fees incidental to this

21

conveyance shall be borne by the grantee.

22

Section 4 2.  Conveyance to Waynesburg University.

<--

23

(a)  Authorization.--The Department of General Services, with

24

the approval of the Governor and the Department of Military and

25

Veterans Affairs, is hereby authorized on behalf of the

26

Commonwealth of Pennsylvania to grant and convey to Waynesburg

27

University the tract of land together with any buildings,

28

structures or improvements thereon, situate in the Borough of

29

Waynesburg, Greene County described in subsection (b) for

30

$170,000 and under terms and conditions to be established in an

- 25 -

 


1

agreement of sale.

2

(b)  Description.--The property to be conveyed pursuant to

3

subsection (a) consists of approximately 0.22-acres of land and

4

an armory building, bounded and more particularly described as

5

follows:

6

ALL THAT CERTAIN tract of land situate in the Borough of

7

Waynesburg, Greene County more particularly bounded and

8

described as follows:

9

BEGINNING at the northwesterly corner of Washington Street

10

and Strawberry Alley; thence along the Westerly line of

11

Washington Street, North 1 degree 0 minutes East 80 feet to line

12

of land now or late of J.W. Ray, et al; thence Westwardly at

13

right angles to Washington Street, along said Ray line and line

14

of lands now or late of T.R. Huffman and M.R. Travis, 120 feet

15

to line of land now or late of T.R. Huffman; thence Southwardly

16

along said Huffman line, parallel with Washington Street, 80

17

feet to the Northerly line of Strawberry Alley; thence

18

Eastwardly along the Northerly line of Strawberry Alley, 120

19

feet to Washington Street, at the place of BEGINNING.

20

BEING Tax Parcel No. 2604-120.

21

BEING the same premises conveyed from J.B. Pollock and Alice

22

T. Pollock, his wife, C.H. Bowlby and Eva K. Bowlby, his wife

23

and T. Riley Huffman and Bertha H. Huffman to the Commonwealth

24

of Pennsylvania, by deed dated October 11, 1913 and recorded

25

October 14, 1913, in the Recorder of Deeds Office for Greene

26

County, Pennsylvania in Deed Book 231, Page 547.

27

(c)  Conditions.--The conveyance shall be made under and

28

subject to all lawful and enforceable easements, servitudes and

29

rights of others, including but not confined to streets,

30

roadways and rights of any telephone, telegraph, water,

- 26 -

 


1

electric, gas or pipeline companies, as well as under and

2

subject to any lawful and enforceable estates or tenancies

3

vested in third persons appearing of record, for any portion of

4

the land or improvements erected thereon.

5

(d)  Restricted use.--Any conveyance authorized under this

6

section shall be made under and subject to the condition, which

7

shall be contained in the deed of conveyance, that no portion of

8

the property conveyed shall be used as a licensed facility, as

9

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

10

other similar type of facility authorized under State law. The

11

condition shall be a covenant running with the land and shall be

12

binding upon the Grantee, its successors and assigns. Should the

13

Grantee, its successors or assigns, permit any portion of the

14

property authorized to be conveyed in this act to be used in

15

violation of this subsection, the title shall immediately revert

16

to and revest in the Grantor.

17

(e)  Special warranty deed.--The deed of conveyance shall be

18

by Special Warranty Deed and shall be executed by the Secretary

19

of General Services in the name of the Commonwealth of

20

Pennsylvania.

21

(f)  Costs and fees.--Costs and fees incidental to this

22

conveyance shall be borne by the Grantee.

23

(g)  Proceeds.--The proceeds from the sale shall be deposited

24

in the State Treasury Armory Fund.

25

(h)  Time limitation.--In the event that an agreement of sale

26

between the parties is not executed within one year of the

27

effective date of this section, the property may be disposed of

28

in accordance with section 2405-A of the act of April 9, 1929

29

(P.L.177, No.175), known as The Administrative Code of 1929.

30

Section 5 3.  Effective date.

<--

- 27 -

 


1

This act shall take effect immediately.

- 28 -