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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MELLOW, FEBRUARY 26, 2010 |
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| REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 2010 |
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| AN ACT |
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1 | Amending the act of July 4, 2008 (P.L.599, No.47), entitled "An |
2 | act authorizing the Department of General Services, with the |
3 | approval of the Department of Transportation and the |
4 | Governor, to grant and convey to Pike County or its assigns, |
5 | certain lands, situate in the Borough of Milford, Pike |
6 | County, in exchange for a certain tract of land; authorizing |
7 | the Department of General Services, with the approval of the |
8 | Governor, to grant and convey to Heritage Building Group, |
9 | Inc., and the Municipal Authority of the Township of South |
10 | Heidelberg, and their assigns, six permanent sanitary sewer |
11 | easements and two temporary construction easements, situate |
12 | in South Heidelberg Township and Lower Heidelberg Township, |
13 | Berks County; authorizing the Department of General Services, |
14 | with the approval of the Governor and the Department of |
15 | Military and Veterans Affairs, to grant and convey, at a |
16 | price to be determined through a competitive bid process, |
17 | certain lands, buildings and improvements situate in the |
18 | Borough of Pottstown, Montgomery County; authorizing the |
19 | Department of General Services, with the approval of the |
20 | Governor, to grant and convey, at a price to be determined |
21 | through a competitive bid process, certain lands, buildings |
22 | and improvements situate in the Township of West Norriton, |
23 | Montgomery County; authorizing the Department of General |
24 | Services, with the approval of the Governor, to dedicate, |
25 | grant and convey to the Strasburg, Lancaster County, Borough |
26 | Authority, a water main and appurtenances to be constructed |
27 | by the Department of General Services, together with |
28 | easements for public water purposes, situate in Strasburg |
29 | Township, Lancaster County, and to grant such further |
30 | easements and licenses as may be necessary to provide the |
31 | Railroad Museum of Pennsylvania with access to public sewer |
32 | service; authorizing the Department of General Services, with |
33 | the approval of the Governor and the Department of |
34 | Transportation, to grant and convey to Parkwood Real Estate |
35 | Trust LLC, approximately 1.645 acres including a building and |
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1 | all improvements thereon, situate at Parkwood Drive in the |
2 | City of Allentown and Salisbury Township, Lehigh County; and |
3 | authorizing the Department of General Services, with the |
4 | approval of the Governor, to grant and convey to the County |
5 | of Lackawanna Transit System Authority (COLTS), certain lands |
6 | situate in the City of Scranton, Lackawanna County, in |
7 | exchange for a certain tract of land from COLTS situate in |
8 | the City of Scranton, Lackawanna County," further providing |
9 | for conveyance in City of Scranton, Lackawanna County. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 7 of the act of July 4, 2008 (P.L.599, |
13 | No.47), entitled "An act authorizing the Department of General |
14 | Services, with the approval of the Department of Transportation |
15 | and the Governor, to grant and convey to Pike County or its |
16 | assigns, certain lands, situate in the Borough of Milford, Pike |
17 | County, in exchange for a certain tract of land; authorizing the |
18 | Department of General Services, with the approval of the |
19 | Governor, to grant and convey to Heritage Building Group, Inc., |
20 | and the Municipal Authority of the Township of South Heidelberg, |
21 | and their assigns, six permanent sanitary sewer easements and |
22 | two temporary construction easements, situate in South |
23 | Heidelberg Township and Lower Heidelberg Township, Berks County; |
24 | authorizing the Department of General Services, with the |
25 | approval of the Governor and the Department of Military and |
26 | Veterans Affairs, to grant and convey, at a price to be |
27 | determined through a competitive bid process, certain lands, |
28 | buildings and improvements situate in the Borough of Pottstown, |
29 | Montgomery County; authorizing the Department of General |
30 | Services, with the approval of the Governor, to grant and |
31 | convey, at a price to be determined through a competitive bid |
32 | process, certain lands, buildings and improvements situate in |
33 | the Township of West Norriton, Montgomery County; authorizing |
34 | the Department of General Services, with the approval of the |
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1 | Governor, to dedicate, grant and convey to the Strasburg, |
2 | Lancaster County, Borough Authority, a water main and |
3 | appurtenances to be constructed by the Department of General |
4 | Services, together with easements for public water purposes, |
5 | situate in Strasburg Township, Lancaster County, and to grant |
6 | such further easements and licenses as may be necessary to |
7 | provide the Railroad Museum of Pennsylvania with access to |
8 | public sewer service; authorizing the Department of General |
9 | Services, with the approval of the Governor and the Department |
10 | of Transportation, to grant and convey to Parkwood Real Estate |
11 | Trust LLC, approximately 1.645 acres including a building and |
12 | all improvements thereon, situate at Parkwood Drive in the City |
13 | of Allentown and Salisbury Township, Lehigh County; and |
14 | authorizing the Department of General Services, with the |
15 | approval of the Governor, to grant and convey to the County of |
16 | Lackawanna Transit System Authority (COLTS), certain lands |
17 | situate in the City of Scranton, Lackawanna County, in exchange |
18 | for a certain tract of land from COLTS situate in the City of |
19 | Scranton, Lackawanna County," is amended to read: |
20 | Section 7. Conveyance in City of Scranton, Lackawanna County. |
21 | (a) Authorization.--The Department of General Services, with |
22 | the approval of the Governor, is hereby authorized on behalf of |
23 | the Commonwealth of Pennsylvania to grant and convey to the |
24 | County of Lackawanna Transit System Authority (hereinafter |
25 | COLTS) certain lands situate in the City of Scranton, Lackawanna |
26 | County, in exchange for a certain tract of land from COLTS |
27 | situate in the City of Scranton, Lackawanna County. |
28 | (b) Description.--The property to be conveyed to COLTS under |
29 | subsection (a) consists of approximately 2.52 acres of land and |
30 | improvements thereon bounded and more particularly described as |
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1 | follows: |
2 | LOT 1A |
3 | BEGINNING at a 3/4 inch iron pin, the intersection of the |
4 | southeasterly right-of-way line of Cliff Street with the |
5 | southwesterly right-of-way line of Lackawanna Avenue as shown on |
6 | a plan titled, "The Commonwealth of Pennsylvania - Department of |
7 | General Services - RD 1216 Pg 289 - Minor Subdivision" dated |
8 | July, 2005 and prepared by Acker Associates, Inc.; |
9 | Thence along said line of Lackawanna Avenue South 51 degrees 28 |
10 | minutes 04 seconds East four hundred seventy-one and five |
11 | hundredths (471.05 feet) feet to a point in line of lands of |
12 | Scranton Mall Associates; |
13 | Thence along said lands South 38 degrees 37 minutes 01 second |
14 | West one hundred three and one hundredth (103.01 feet) feet to a |
15 | point in line of lands of Lackawanna County Rail Authority; |
16 | Thence along said lands of Lackawanna County Rail Authority the |
17 | following four (4) courses and distances: |
18 | 1. South 70 degrees 49 minutes 56 seconds West five and |
19 | ninety-three hundredths (5.93 feet) feet to a point, |
20 | 2. North 88 degrees 44 minutes 38 seconds West fifty-seven |
21 | and seventy-nine hundredths (57.79 feet) feet to a point |
22 | of curvature, |
23 | 3. along a curve to the right having a radius of nine |
24 | hundred eighty-eight and thirty-one hundredths (988.31 |
25 | feet) feet for an arc length of three hundred sixty-one |
26 | and fifty-one hundredths (361.51 feet) feet (chord |
27 | bearing and distance being North 68 degrees 51 minutes 46 |
28 | seconds West 359.50 feet) to a point of tangency, and |
29 | 4. North 53 degrees 36 minutes 54 seconds West eighty and |
30 | seven hundredths (80.07 feet) feet to a point on the |
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1 | southeasterly right-of-way line of Cliff Street; |
2 | Thence along said line of Cliff Street North 38 degrees 49 |
3 | minutes 51 seconds East two hundred fifty-three and five tenths |
4 | (253.50 feet) feet to the point of BEGINNING. |
5 | CONTAINING 2.24 acres of land being the same, more or less. |
6 | LOT 1B |
7 | BEGINNING at a 5/8 inch rebar on the southeasterly right-of-way |
8 | line of Cliff Street, said point also being a common corner of |
9 | lands the National Park Service and Lot 1B as shown on a plan |
10 | titled, "The Commonwealth of Pennsylvania - Department of |
11 | General Services - RB 1216 Pg 289 - Minor Subdivision" dated |
12 | July, 2005 and prepared by Acker Associates, Inc.; |
13 | Thence along said line of Cliff Street North 38 degrees 49 |
14 | minutes 51 seconds East thirty-nine and twenty-six hundredths |
15 | (39.26 feet) feet to a point in line of Lackawanna County Rail |
16 | Authority; |
17 | Thence along said lands of Lackawanna County Rail Authority the |
18 | following two (2) courses and distances: |
19 | 1. South 51 degrees 32 minutes 09 seconds East one and |
20 | forty-eight and thirty-nine hundredths (148.39 feet) feet |
21 | to a point, and |
22 | 2. South 66 degrees 46 minutes 09 seconds East fifty-five |
23 | and twenty-six hundredths (55.26 feet) feet to a point; |
24 | Thence along Lot 2 the following three (3) courses and |
25 | distances: |
26 | 1. South 25 degrees 41 minutes 58 seconds West eleven and |
27 | fifty-nine hundredths (11.59 feet) feet to a point, |
28 | 2. South 39 degrees 59 minutes 28 seconds West fifty-eight |
29 | and five hundredths (58.05 feet) feet to a point, and |
30 | 3. South 48 degrees 45 minutes 01 second West twenty-two and |
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1 | ninety-five hundredths (22.95 feet) feet to a point in |
2 | line of lands of the National Park Service; |
3 | Thence along said lands of the National Park Service North 40 |
4 | degrees 40 minutes 45 seconds West two hundred two and five |
5 | tenths (202.50 feet) feet to the point of BEGINNING. |
6 | CONTAINING 12,315 square feet (0.28 acres) of land being the |
7 | same, more or less. |
8 | (c) Exchange.--The conveyance authorized by subsection (b) |
9 | shall be in exchange for the conveyance, by special warranty |
10 | deed, from COLTS, to the Commonwealth of Pennsylvania, acting by |
11 | and through its Department of General Services, of all that |
12 | certain piece or parcel of land situate in the City of Scranton, |
13 | Lackawanna County, Pennsylvania, bounded and described as |
14 | follows: |
15 | All that certain lot, piece or parcel of land situate in the |
16 | 8th Ward, City of Scranton, County of Lackawanna and State of |
17 | Pennsylvania, bounded and described as follows: |
18 | Beginning at a point located on the northeasterly side of |
19 | Lackawanna Avenue, said point being also located by a bearing of |
20 | N 39 degrees 00 minutes W, and a distance of 138.0 feet as |
21 | measured along the northeasterly side of Lackawanna Avenue from |
22 | its intersection with the northwesterly right-of-way line of the |
23 | D.L. & W. R.R.; thence, along the line of Lackawanna Avenue N 39 |
24 | degrees 00 minutes W, 294.52 feet to a point of intersection |
25 | with a curve measured radially 100 feet from the center line of |
26 | the D. & H. R.R. Co.; thence on a curve to the left parallel to |
27 | the center line of said D. & H. R.R. and 100 feet therefrom, |
28 | said curve having a radius of 750.14 feet and length of 867.02 |
29 | feet with a long chord bearing and distance of N 71 degrees 01 |
30 | minute E, 819.55 feet to a point; thence S 39 degrees 00 minutes |
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1 | E, 45.04 feet to a point on the northwesterly right-of-way line |
2 | of the D.L. & W. R.R.; thence along said right-of-way the |
3 | following two courses and distances (1) on a curve to the right, |
4 | having a radius of 4,037.11 and length of 278.15 and a long |
5 | chord bearing and distance of a 31 degrees 32 minutes W, 278.10 |
6 | feet and (2) S 47 degrees 38 minutes W, 208.68 feet to a corner |
7 | of other lands of the S.R.A.; thence along lands of said S.R.A., |
8 | the following two courses and distances (1) N 39 degrees 00 |
9 | minutes W, 136.0 feet and (2) S 51 degrees 00 minutes W, 300.0 |
10 | feet to the place of beginning. |
11 | Containing 2.277 acres of land, more or less, as surveyed by |
12 | John R. Hennemuth, Registered Civil Engineer. |
13 | Parcel 18-A |
14 | All that certain lot, piece or parcel of land situate in the |
15 | 8th Ward, City of Scranton, County of Lackawanna and State of |
16 | Pennsylvania, bounded and described as follows: |
17 | Beginning at a point located on the northeasterly side of |
18 | Lackawanna Avenue, said point being also located by a bearing of |
19 | N 39 degrees 00 minutes W and a distance of 138.00 feet as |
20 | measured along the northeasterly side of Lackawanna Avenue from |
21 | its intersection with the northwesterly right-of-way line of the |
22 | D. L. & W. R.R., said point being also common to a corner of |
23 | Parcel 18 of the S.R.A. as shown on drawing D-14-72 by John R. |
24 | Hennemuth, P.E.; thence along the line of parcel 18, N 51 |
25 | degrees 00 minutes E, 300 feet to a corner; thence still along |
26 | the line of Parcel 18, S 39 degrees 00 minutes E, 6.0 feet to a |
27 | corner; thence over and across other lands of the S.R.A., S 51 |
28 | degrees 00 minutes W, 300.0 feet to a point on the northeasterly |
29 | side of Lackawanna Avenue; thence along the side of said Avenue |
30 | N 39 degrees 00 minutes W, 6.0 feet to the place of beginning. |
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1 | Containing 0.041 acres of land and shown as Parcel 18-A on |
2 | drawing B-22-72 by John R. Hennemuth, Registered Civil Engineer. |
3 | CONTAINING 2.318 acres, more or less. |
4 | The conveyance described in this section shall be made under |
5 | and subject to all lawful and enforceable easements, servitudes |
6 | and rights of others, including, but not confined to, streets, |
7 | roadways and rights of any telephone, telegraph, water, |
8 | electric, gas or pipeline companies, as well as under and |
9 | subject to any lawful and enforceable estates or tenancies |
10 | vested in third persons appearing of record, for any portion of |
11 | the land or improvements erected thereon. |
12 | (d) Easements.--The conveyance described in subsection (b) |
13 | shall be made under and subject to all lawful and enforceable |
14 | easements, servitudes and rights of others, including, but not |
15 | confined to, streets, roadways and rights of any telephone, |
16 | telegraph, water, electric, gas or pipeline companies, as well |
17 | as under and subject to any lawful and enforceable estates or |
18 | tenancies vested in third persons appearing of record, for any |
19 | portion of the land or improvements erected thereon. |
20 | (e) Special warranty deed.--The conveyance described in |
21 | subsection (b) shall be by special warranty deed and shall be |
22 | executed by the Secretary of General Services in the name of the |
23 | Commonwealth of Pennsylvania. |
24 | (f) Covenants.--Any conveyance authorized under subsection |
25 | (b) shall be made under and subject to the condition, which |
26 | shall be contained in the deed of conveyance, that no portion of |
27 | the property conveyed shall be used as a licensed facility, as |
28 | defined in 4 Pa.C.S. § 1103 (relating to definitions) or any |
29 | other similar type of facility authorized under the laws of this |
30 | Commonwealth. The condition shall be a covenant running with the |
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1 | land and shall be binding upon the grantee, its successors and |
2 | assigns. Should the grantee, its successors or assigns permit |
3 | any portion of the property authorized to be conveyed in this |
4 | section to be used in violation of this section, the title shall |
5 | immediately revert to and revest in the grantor. |
6 | (g) Costs and fees.--All costs and fees incidental to the |
7 | conveyance authorized by this act shall be borne by the grantee. |
8 | (h) Voidance.--In the event that the conveyance is not |
9 | executed by [May 16, 2010] May 16, 2013, the authorization |
10 | contained in this section shall become null and void. |
11 | Section 2. This act shall take effect immediately. |
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