PRINTER'S NO.  1699

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1242

Session of

2010

  

  

INTRODUCED BY MELLOW, FEBRUARY 26, 2010

  

  

REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 2010  

  

  

  

AN ACT

  

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Amending the act of July 4, 2008 (P.L.599, No.47), entitled "An

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act authorizing the Department of General Services, with the

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approval of the Department of Transportation and the

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Governor, to grant and convey to Pike County or its assigns,

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certain lands, situate in the Borough of Milford, Pike

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County, in exchange for a certain tract of land; authorizing

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the Department of General Services, with the approval of the

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Governor, to grant and convey to Heritage Building Group,

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Inc., and the Municipal Authority of the Township of South

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Heidelberg, and their assigns, six permanent sanitary sewer

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easements and two temporary construction easements, situate

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in South Heidelberg Township and Lower Heidelberg Township,

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Berks County; authorizing the Department of General Services,

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with the approval of the Governor and the Department of

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Military and Veterans Affairs, to grant and convey, at a

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price to be determined through a competitive bid process,

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certain lands, buildings and improvements situate in the

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Borough of Pottstown, Montgomery County; authorizing the

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Department of General Services, with the approval of the

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Governor, to grant and convey, at a price to be determined

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through a competitive bid process, certain lands, buildings

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and improvements situate in the Township of West Norriton,

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Montgomery County; authorizing the Department of General

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Services, with the approval of the Governor, to dedicate,

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grant and convey to the Strasburg, Lancaster County, Borough

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Authority, a water main and appurtenances to be constructed

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by the Department of General Services, together with

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easements for public water purposes, situate in Strasburg

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Township, Lancaster County, and to grant such further

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easements and licenses as may be necessary to provide the

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Railroad Museum of Pennsylvania with access to public sewer

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service; authorizing the Department of General Services, with

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the approval of the Governor and the Department of

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Transportation, to grant and convey to Parkwood Real Estate

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Trust LLC, approximately 1.645 acres including a building and

 


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all improvements thereon, situate at Parkwood Drive in the

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City of Allentown and Salisbury Township, Lehigh County; and

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authorizing the Department of General Services, with the

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approval of the Governor, to grant and convey to the County

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of Lackawanna Transit System Authority (COLTS), certain lands

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situate in the City of Scranton, Lackawanna County, in

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exchange for a certain tract of land from COLTS situate in

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the City of Scranton, Lackawanna County," further providing

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for conveyance in City of Scranton, Lackawanna 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.  Section 7 of the act of July 4, 2008 (P.L.599,

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No.47), entitled "An act authorizing the Department of General

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Services, with the approval of the Department of Transportation

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and the Governor, to grant and convey to Pike County or its

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assigns, certain lands, situate in the Borough of Milford, Pike

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County, in exchange for a certain tract of land; authorizing the

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Department of General Services, with the approval of the

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Governor, to grant and convey to Heritage Building Group, Inc.,

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and the Municipal Authority of the Township of South Heidelberg,

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and their assigns, six permanent sanitary sewer easements and

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two temporary construction easements, situate in South

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Heidelberg Township and Lower Heidelberg Township, Berks County;

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authorizing the Department of General Services, with the

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approval of the Governor and the Department of Military and

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Veterans Affairs, to grant and convey, at a price to be

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determined through a competitive bid process, certain lands,

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buildings and improvements situate in the Borough of Pottstown,

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Montgomery County; authorizing the Department of General

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

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convey, at a price to be determined through a competitive bid

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process, certain lands, buildings and improvements situate in

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the Township of West Norriton, Montgomery County; authorizing

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the Department of General Services, with the approval of the

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Governor, to dedicate, grant and convey to the Strasburg,

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Lancaster County, Borough Authority, a water main and

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appurtenances to be constructed by the Department of General

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Services, together with easements for public water purposes,

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situate in Strasburg Township, Lancaster County, and to grant

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such further easements and licenses as may be necessary to

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provide the Railroad Museum of Pennsylvania with access to

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public sewer service; authorizing the Department of General

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Services, with the approval of the Governor and the Department

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of Transportation, to grant and convey to Parkwood Real Estate

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Trust LLC, approximately 1.645 acres including a building and

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all improvements thereon, situate at Parkwood Drive in the City

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of Allentown and Salisbury Township, Lehigh County; and

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authorizing the Department of General Services, with the

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approval of the Governor, to grant and convey to the County of

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Lackawanna Transit System Authority (COLTS), certain lands

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situate in the City of Scranton, Lackawanna County, in exchange

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for a certain tract of land from COLTS situate in the City of

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Scranton, Lackawanna County," is amended to read:

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Section 7.  Conveyance in City of Scranton, Lackawanna County.

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

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the approval of the Governor, is hereby authorized on behalf of

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the Commonwealth of Pennsylvania to grant and convey to the

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County of Lackawanna Transit System Authority (hereinafter

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COLTS) certain lands situate in the City of Scranton, Lackawanna

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County, in exchange for a certain tract of land from COLTS

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situate in the City of Scranton, Lackawanna County.

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(b)  Description.--The property to be conveyed to COLTS under

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subsection (a) consists of approximately 2.52 acres of land and

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improvements thereon bounded and more particularly described as

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follows:

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LOT 1A

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BEGINNING at a 3/4 inch iron pin, the intersection of the

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southeasterly right-of-way line of Cliff Street with the

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southwesterly right-of-way line of Lackawanna Avenue as shown on

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a plan titled, "The Commonwealth of Pennsylvania - Department of

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General Services - RD 1216 Pg 289 - Minor Subdivision" dated

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July, 2005 and prepared by Acker Associates, Inc.;

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Thence along said line of Lackawanna Avenue South 51 degrees 28

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minutes 04 seconds East four hundred seventy-one and five

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hundredths (471.05 feet) feet to a point in line of lands of

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Scranton Mall Associates;

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Thence along said lands South 38 degrees 37 minutes 01 second

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West one hundred three and one hundredth (103.01 feet) feet to a

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point in line of lands of Lackawanna County Rail Authority;

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Thence along said lands of Lackawanna County Rail Authority the

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following four (4) courses and distances:

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1.  South 70 degrees 49 minutes 56 seconds West five and

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ninety-three hundredths (5.93 feet) feet to a point,

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2.  North 88 degrees 44 minutes 38 seconds West fifty-seven

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and seventy-nine hundredths (57.79 feet) feet to a point

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of curvature,

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3.  along a curve to the right having a radius of nine

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hundred eighty-eight and thirty-one hundredths (988.31

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feet) feet for an arc length of three hundred sixty-one

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and fifty-one hundredths (361.51 feet) feet (chord

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bearing and distance being North 68 degrees 51 minutes 46

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seconds West 359.50 feet) to a point of tangency, and

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4.  North 53 degrees 36 minutes 54 seconds West eighty and

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seven hundredths (80.07 feet) feet to a point on the

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southeasterly right-of-way line of Cliff Street;

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Thence along said line of Cliff Street North 38 degrees 49

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minutes 51 seconds East two hundred fifty-three and five tenths

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(253.50 feet) feet to the point of BEGINNING.

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CONTAINING 2.24 acres of land being the same, more or less.

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LOT 1B

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BEGINNING at a 5/8 inch rebar on the southeasterly right-of-way

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line of Cliff Street, said point also being a common corner of

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lands the National Park Service and Lot 1B as shown on a plan

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titled, "The Commonwealth of Pennsylvania - Department of

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General Services - RB 1216 Pg 289 - Minor Subdivision" dated

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July, 2005 and prepared by Acker Associates, Inc.;

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Thence along said line of Cliff Street North 38 degrees 49

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minutes 51 seconds East thirty-nine and twenty-six hundredths

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(39.26 feet) feet to a point in line of Lackawanna County Rail

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Authority;

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Thence along said lands of Lackawanna County Rail Authority the

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following two (2) courses and distances:

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1.  South 51 degrees 32 minutes 09 seconds East one and

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forty-eight and thirty-nine hundredths (148.39 feet) feet

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to a point, and

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2.  South 66 degrees 46 minutes 09 seconds East fifty-five

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and twenty-six hundredths (55.26 feet) feet to a point;

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Thence along Lot 2 the following three (3) courses and

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distances:

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1.  South 25 degrees 41 minutes 58 seconds West eleven and

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fifty-nine hundredths (11.59 feet) feet to a point,

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2.  South 39 degrees 59 minutes 28 seconds West fifty-eight

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and five hundredths (58.05 feet) feet to a point, and

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3.  South 48 degrees 45 minutes 01 second West twenty-two and

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ninety-five hundredths (22.95 feet) feet to a point in

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line of lands of the National Park Service;

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Thence along said lands of the National Park Service North 40

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degrees 40 minutes 45 seconds West two hundred two and five

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tenths (202.50 feet) feet to the point of BEGINNING.

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CONTAINING 12,315 square feet (0.28 acres) of land being the

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same, more or less.

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(c)  Exchange.--The conveyance authorized by subsection (b)

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shall be in exchange for the conveyance, by special warranty

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deed, from COLTS, to the Commonwealth of Pennsylvania, acting by

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and through its Department of General Services, of all that

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certain piece or parcel of land situate in the City of Scranton,

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Lackawanna County, Pennsylvania, bounded and described as

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follows:

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All that certain lot, piece or parcel of land situate in the

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8th Ward, City of Scranton, County of Lackawanna and State of

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Pennsylvania, bounded and described as follows:

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Beginning at a point located on the northeasterly side of

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Lackawanna Avenue, said point being also located by a bearing of

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N 39 degrees 00 minutes W, and a distance of 138.0 feet as

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measured along the northeasterly side of Lackawanna Avenue from

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its intersection with the northwesterly right-of-way line of the

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D.L. & W. R.R.; thence, along the line of Lackawanna Avenue N 39

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degrees 00 minutes W, 294.52 feet to a point of intersection

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with a curve measured radially 100 feet from the center line of

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the D. & H. R.R. Co.; thence on a curve to the left parallel to

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the center line of said D. & H. R.R. and 100 feet therefrom,

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said curve having a radius of 750.14 feet and length of 867.02

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feet with a long chord bearing and distance of N 71 degrees 01

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minute E, 819.55 feet to a point; thence S 39 degrees 00 minutes

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E, 45.04 feet to a point on the northwesterly right-of-way line

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of the D.L. & W. R.R.; thence along said right-of-way the

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following two courses and distances (1) on a curve to the right,

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having a radius of 4,037.11 and length of 278.15 and a long

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chord bearing and distance of a 31 degrees 32 minutes W, 278.10

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feet and (2) S 47 degrees 38 minutes W, 208.68 feet to a corner

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of other lands of the S.R.A.; thence along lands of said S.R.A.,

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the following two courses and distances (1) N 39 degrees 00

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minutes W, 136.0 feet and (2) S 51 degrees 00 minutes W, 300.0

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feet to the place of beginning.

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Containing 2.277 acres of land, more or less, as surveyed by

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John R. Hennemuth, Registered Civil Engineer.

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Parcel 18-A

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All that certain lot, piece or parcel of land situate in the

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8th Ward, City of Scranton, County of Lackawanna and State of

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Pennsylvania, bounded and described as follows:

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Beginning at a point located on the northeasterly side of

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Lackawanna Avenue, said point being also located by a bearing of

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N 39 degrees 00 minutes W and a distance of 138.00 feet as

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measured along the northeasterly side of Lackawanna Avenue from

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its intersection with the northwesterly right-of-way line of the

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D. L. & W. R.R., said point being also common to a corner of

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Parcel 18 of the S.R.A. as shown on drawing D-14-72 by John R.

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Hennemuth, P.E.; thence along the line of parcel 18, N 51

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degrees 00 minutes E, 300 feet to a corner; thence still along

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the line of Parcel 18, S 39 degrees 00 minutes E, 6.0 feet to a

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corner; thence over and across other lands of the S.R.A., S 51

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degrees 00 minutes W, 300.0 feet to a point on the northeasterly

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side of Lackawanna Avenue; thence along the side of said Avenue

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N 39 degrees 00 minutes W, 6.0 feet to the place of beginning.

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Containing 0.041 acres of land and shown as Parcel 18-A on

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drawing B-22-72 by John R. Hennemuth, Registered Civil Engineer.

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CONTAINING 2.318 acres, more or less.

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The conveyance described in this section shall be made under

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and subject to all lawful and enforceable easements, servitudes

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

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roadways and rights of any telephone, telegraph, water,

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

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subject to any lawful and enforceable estates or tenancies

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

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the land or improvements erected thereon.

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(d)  Easements.--The conveyance described in subsection (b)

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shall be made under and subject to all lawful and enforceable

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easements, servitudes and rights of others, including, but not

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confined to, streets, roadways and rights of any telephone,

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telegraph, water, electric, gas or pipeline companies, as well

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as under and subject to any lawful and enforceable 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.

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(e)  Special warranty deed.--The conveyance described in

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subsection (b) shall be by special warranty deed and shall be

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

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Commonwealth of Pennsylvania.

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(f)  Covenants.--Any conveyance authorized under subsection

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(b) 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

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

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other similar type of facility authorized under the laws of this

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Commonwealth. The condition shall be a covenant running with the

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land and shall be binding upon the grantee, its successors and

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assigns. Should the grantee, its successors or assigns permit

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any portion of the property authorized to be conveyed in this

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section to be used in violation of this section, the title shall

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immediately revert to and revest in the grantor.

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(g)  Costs and fees.--All costs and fees incidental to the

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conveyance authorized by this act shall be borne by the grantee.

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(h)  Voidance.--In the event that the conveyance is not

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executed by [May 16, 2010] May 16, 2013, the authorization

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contained in this section shall become null and void.

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Section 2.  This act shall take effect immediately.

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