| SENATE AMENDED |
| PRIOR PRINTER'S NO. 2339 | PRINTER'S NO. 3494 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, PICKETT, MAJOR, PYLE, COHEN, D. COSTA, CREIGHTON, FABRIZIO, FLECK, GINGRICH, HARHART, HESS, MAHONEY, MILLARD, MURT, SWANGER, QUINN, RAPP AND FARRY, AUGUST 31, 2011 |
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| SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, MAY 8, 2012 |
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| AN ACT |
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1 | Authorizing the Department of General Services, with the | <-- |
2 | approval of the Governor, to remove and release the |
3 | restrictive use covenants imposed on certain real property |
4 | situate in the Borough of Blossburg, Tioga County. |
5 | Authorizing the Department of Conservation and Natural | <-- |
6 | Resources, with the approval of the Governor, to grant and |
7 | convey by quitclaim deeds to Aber and Hockenberry, Mary E. |
8 | Crotzer, Ronald and Michael Haines, Randy D. Payton Sr., Jack |
9 | L. Hanna and Victor and Katherine Crum, certain lands situate |
10 | in Curtin Township, Centre County; authorizing the Department |
11 | of General Services, with the approval of the Governor, to |
12 | grant and convey to the Centre County Industrial Development |
13 | Corporation certain lands situate in Benner Township, Centre |
14 | County; authorizing the Department of General Services, with |
15 | the approval of the Governor, to grant and convey to Randy M. |
16 | Thomas, or his assigns, a permanent utility easement across |
17 | certain lands situate in White Township, Indiana County; |
18 | authorizing the Department of General Services, with the |
19 | approval of the Governor, to remove and release the |
20 | restrictive use covenants imposed on certain real property |
21 | situate in the Borough of Blossburg, Tioga County; |
22 | authorizing the Department of General Services, with the |
23 | approval of the Department of Military and Veterans Affairs |
24 | and the Governor, to grant and convey, at a price to be |
25 | determined through a competitive bid process, certain lands, |
26 | buildings and improvements situate in the Borough of |
27 | Canonsburg, Washington County; authorizing the Department of |
28 | General Services, with the approval of the Governor, to grant |
29 | and convey to VARHA, Inc., certain lands situate in the |
30 | Borough of Polk, Venango County; authorizing the Department |
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1 | of Conservation and Natural Resources, with the approval of |
2 | the Governor, to grant and convey to Ohiopyle Borough certain |
3 | lands situate in Ohiopyle Borough, Fayette County, in |
4 | exchange for Ohiopyle Borough granting and conveying certain |
5 | lands to the Commonwealth of Pennsylvania to be added to |
6 | those existing lands at Ohiopyle State Park; authorizing the |
7 | Department of Conservation and Natural Resources, with the |
8 | approval of the Governor, to grant and convey to Kyle A. and |
9 | Tamara J. Boltz certain lands situate in Union Township, |
10 | Lebanon County, in exchange for Kyle A. and Tamara J. Boltz's |
11 | granting and conveying certain lands to the Commonwealth of |
12 | Pennsylvania, Department of Conservation and Natural |
13 | Resources, to be added to those existing lands at Swatara |
14 | State Park; and making related repeals. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Release of restrictions in Tioga County. | <-- |
18 | (a) Authorization.--The Department of General Services, with |
19 | the approval of the Governor, is hereby authorized on behalf of |
20 | the Commonwealth of Pennsylvania to remove and release the |
21 | restrictive use covenants imposed on certain real property |
22 | conveyed to North Penn Comprehensive Health Services by the |
23 | Department of General Services pursuant to the authority |
24 | contained in Act 163 of 1986 upon payment of $440,000 to the |
25 | Department of General Services by Laurel Health System, their |
26 | successors or assigns. |
27 | (b) Property description.--The restrictions to be released |
28 | pursuant to subsection (a) are on a tract of land totaling |
29 | approximately 8.766-acres, formerly known as the Blossburg State |
30 | General Hospital, more particularly described as follows: |
31 | All that certain lot, piece or parcel of land, together with |
32 | the improvements located thereon, situate in the Borough of |
33 | Blossburg, Tioga County, Pennsylvania, bounded and described in |
34 | accordance with a survey, dated August, 1979, prepared by Duane |
35 | Wetmore under the direction of Boyer Kantz, R.S (revised April, |
36 | 1986) as follows: |
37 | Beginning at a point in the center line of Granger Street, |
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1 | said point being the northeast corner of lands now or formerly |
2 | of Joseph W. Stempien and the southeast corner hereof; thence |
3 | along lands of said Stempien, South 78 degrees 00 minutes 16 |
4 | seconds west a distance of 699.81 feet to a point in the center |
5 | line of Ruah Street (said line passing over reference iron rods |
6 | set 25.00 feet from the center line of Granger Street and 30.00 |
7 | feet from the center line of Ruah Street), the southwest corner |
8 | hereof; thence north 19 degrees 10 minutes 51 seconds west a |
9 | distance of 381.94 feet to a point market by an iron rod set; |
10 | thence along the former Railroad Street, north 44 degrees 01 |
11 | minutes 11 seconds west a distance of 343.00 feet to a point |
12 | market by an iron rod set, the northwest corner hereof; thence |
13 | north 48 degrees 58 minutes 49 seconds east a distance of 868.36 |
14 | feet to a point in the center line of Ruah Street; thence along |
15 | lands now or formerly of Walter Kuzneski, north 48 degrees 58 |
16 | minutes 49 seconds east a distance of 338.64 feet to a point |
17 | marked by an old iron rod found (said line passing through an |
18 | iron rod set 25.00 feet from the center line of Ruah Street), |
19 | the northernmost corner hereof; thence along lands now or |
20 | formerly of Robert J. Kuzneski the following two courses and |
21 | distances: (1) south 38 degrees 30 minutes 54 seconds east a |
22 | distance of 200.00 feet to an old iron rod found; and (2) north |
23 | 55 degrees 06 minutes 19 seconds east a distance of 113.66 feet |
24 | to a point in the center line of Granger Street (said line |
25 | passing through a utility pole located 11.06 feet from said |
26 | center line), the northeasternmost corner thereof; thence along |
27 | the center line of Granger Street, south 38 degrees 07 minutes |
28 | 43 seconds east a distance of 92.93 feet to a point, the |
29 | northeast corner of lands now or formerly of Larry Smith; thence |
30 | along lands of said Smith the following three courses and |
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1 | distances: (1) south 51 degrees 42 minutes and 31 seconds west |
2 | a distance of 223.35 feet to an iron rod set (said line passing |
3 | over an old iron rod found 23.35 feet from the center line of |
4 | Granger Street); (2) south 38 degrees 36 minutes east a distance |
5 | of 375.00 feet to a point marked by an old iron rod found; and |
6 | (3) north 52 degrees 24 minutes east a distance of 226.70 feet |
7 | to a point in the center line of Granger Street (said line |
8 | passing over an iron rod set 25.00 feet from said center line); |
9 | thence along the center line of Granger Street the following |
10 | four courses and distances: (1) south 39 degrees 06 minutes 17 |
11 | seconds east a distance of 73.56 feet; (2) south 42 degrees 01 |
12 | minutes 20 seconds east a distance of 81.39 feet; (3) south 35 |
13 | degrees 48 minutes 29 seconds east a distance of 189.94 feet; |
14 | and (4) south 11 degrees 16 minutes 25 seconds east a distance |
15 | of 11.80 feet to the point and place of Beginning. |
16 | Subject to the easement of right-of-way of Granger Street as |
17 | indicated on said survey, and also subject to the easement of |
18 | right-of-way of Ruah Street located on the western portion of |
19 | said premises. |
20 | Containing approximately 8.766-acres of land. |
21 | Being the same property conveyed to North Penn Comprehensive |
22 | Health Services by the Commonwealth of Pennsylvania, acting by |
23 | and through the Department of General Services, by its deed, |
24 | dated December 3, 1987, and recorded in the Recorder of Deeds of |
25 | Tioga County on March 7, 1988 in Deed Book 473, Page 1023. |
26 | (c) Execution.--Any legal instruments necessary to remove |
27 | and release the restrictive use covenants shall be executed by |
28 | the Secretary of General Services in the name of the |
29 | Commonwealth of Pennsylvania. |
30 | (d) Costs and fees--Any costs and fees incidental to the |
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1 | removal of the restrictive use covenants shall be borne by the |
2 | Grantee. |
3 | (e) Proceeds.--Proceeds received by the Department of |
4 | General Services for the release of the restrictive use |
5 | covenants shall be deposited into the General Fund. |
6 | Section 2. Effective date. |
7 | This act shall take effect immediately. |
8 | Section 1. Conveyances in Curtin Township, Centre County. | <-- |
9 | (a) Authorization.--The Department of Conservation and |
10 | Natural Resources, with the approval of the Governor, is hereby |
11 | authorized on behalf of the Commonwealth of Pennsylvania to |
12 | grant and convey by six separate quitclaim deeds to Aber and |
13 | Hockenberry, Mary E. Crotzer, Ronald and Michael Haines, Randy |
14 | D. Payton Sr., Jack L. Hanna and Victor and Katherine Crum, |
15 | certain lands situate in Curtin Township, Centre County. |
16 | (b) Property descriptions.-–The properties to be conveyed in |
17 | accordance with this section are described as follows in |
18 | accordance with the Department of Conservation and Natural |
19 | Resources survey Drawing No. 3268-J, dated 2011. |
20 | Tract 1 |
21 | To: Aber & Hockenberry |
22 | DB. 1175 Pg.584 |
23 | U.P.I. # 3-2A-9 |
24 | N 41° 06' 33" |
25 | W 77° 45' 19.76" |
26 | All that certain land situated in Curtin Township, Centre |
27 | County, described as follows. Beginning at an existing post, |
28 | said post being located in the former Beech Creek Rail Road |
29 | right of way, now Commonwealth of Pa; Thence S 24º 43' 12" E |
30 | 247.88 ft. along Commonwealth of PA to an existing post; Thence |
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1 | along same S 26º 08' 08" E 363.00 ft. to a point; Thence along |
2 | same S 26º 08' 05" E 114.40 ft. to a point; Thence crossing |
3 | Middletown Road N 63º 51' 55" E 26.65 ft. to a point along Beech |
4 | Creek; Thence along creek N 24º 14' 19" W 7.70 ft. to point; |
5 | Thence along creek N 13º 53' 07" W 113.58 ft. to a point; Thence |
6 | along Mary E. Crotzer Est. N 26º 02' 05" W 606.28 ft. to a |
7 | point; Thence along Randy D. Payton Sr. S 64º 09' 03" W 45.95 |
8 | ft. to existing post, point of beginning. |
9 | Containing – 0.804 Acre |
10 | Being the same premise which was conveyed to Charles M. and |
11 | Jennie M. Aber by deed dated March 13, 1959, and recorded in |
12 | Centre County Deed Book 246, Page 421. |
13 | Tract 2 |
14 | To: Mary E. Crotzer |
15 | DB. 1021 Pg. 135 |
16 | U.P.I. # 3-2A-8 |
17 | N 41° 06' 33.47" |
18 | W 77° 45' 19.03" |
19 | All that certain land situated in Curtin Township, Centre |
20 | County, described as follows. Beginning at a point; Thence along |
21 | Aber & Hockenberry S 26º 02' 05" E 606.28 ft. to a point along |
22 | Beech Creek; Thence along creek N 13º 53' 07" W 28.48 ft. to a |
23 | point; Thence N 6º 15' 39" W 260.35 ft. to a point; Thence along |
24 | creek N 16º 47' 22" W 177.21 ft. to a point; Thence along creek |
25 | N 26º 49' 36" W 115.75 ft. to a point; Thence along creek N 38º |
26 | 16' 01" W 43.41 ft. to a point; Thence leaving creek along |
27 | Ronald and Michael Haines S 64º 09' 03" W 111.75 ft. to point of |
28 | beginning. |
29 | Containing – 0.777 Acre |
30 | Being the same premise which was conveyed to Bruce H. and |
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1 | Debra J. Winslow by deed dated 1978, and recorded in Centre |
2 | County Deed Book 383, Page 998. |
3 | Tract 3 |
4 | To: Ronald & Michael Haines |
5 | DB. 885 Pg. 1079 |
6 | U.P.I. # 3-2A-10 |
7 | N 41° 06' 34.42" |
8 | W 77° 45' 19.98" |
9 | All that certain land situated in Curtin Township, Centre |
10 | County, described as follows. Beginning at a point; Thence along |
11 | Randy D. Payton Sr. N 25º 45' 33" W 93.97 ft. to a point; Thence |
12 | along Jack L. Hanna N 64º 32' 50" E 91.05 ft. to a point along |
13 | Beech Creek; Thence along creek S 38º 16' 01"E 95.58 ft. to a |
14 | point; Thence along Mary E. Crotzer Estate S 64º 09' 03" W |
15 | 111.75 ft. to point of beginning. |
16 | Containing – 0.218 Acre |
17 | Being the same premise which was conveyed to Charles M. and |
18 | Jennie M. Aber by deed dated January 8, 1965 and recorded in |
19 | Centre County Deed Book 309, Page 211. |
20 | Tract 4 |
21 | To: Randy D. Payton Sr. |
22 | DB. 1204 Pg. 605 |
23 | U.P.I. # 3-2A-11 |
24 | N 41° 06' 34.25" |
25 | W 77° 45' 20.45" |
26 | All that certain land situated in Curtin Township, Centre |
27 | County, described as follows. Beginning at an existing post, |
28 | said post being located in the former Beech Creek Rail Road |
29 | right of way, now Commonwealth of Pa; Thence along Commonwealth |
30 | N 24º 48' 56" W 94.29 ft. to a point; Thence along Jack L. Hanna |
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1 | N 64º 32' 50" E 44.40 ft. to a point; Thence along Ronald and |
2 | Michael Hains S 25º 45' 32" E 93.97 ft. to a point; Thence along |
3 | Aber and Hockenberry S 64º 09' 03" W 45.95 to point of |
4 | beginning. |
5 | Containing – 0.098 Acre |
6 | Being the same premise which was conveyed to Kenneth R. |
7 | Schenck, Sr. and Connie L. Schhenck by deed dated September 20, |
8 | 1991, and recorded in Centre County Record Book 591, Page 349. |
9 | Tract 5 |
10 | To: Jack L. Hanna |
11 | DB. 535 Pg. 843 |
12 | U.P.I. # 3-2A-12 |
13 | N 41° 06' 36.03" |
14 | W 77° 45' 20.06" |
15 | All that certain land situated in Curtin Township, Centre |
16 | County, described as follows. Beginning at a point, said point |
17 | being located in the former Beech Creek Rail Road right of way, |
18 | now Commonwealth of Pa; Thence along Commonwealth of Pa N 24º |
19 | 48' 56" W 28.22 ft. to an existing post; Thence along same N 31º |
20 | 44' 22" W 347.71 ft. to an existing rebar; Then along Victor and |
21 | Katherine Crum N 43º 35' 15" E 62.00 ft. to a point; Thence |
22 | along same N 41º 36' 12" W 139.49 ft. to an existing pipe in |
23 | concrete; thence along Commonwealth of Pa N 43º35' 15" E 40.52 |
24 | ft. to point along Beech Creek; Thence along creek S 65º 01' 52" |
25 | E 52.68 ft. to a point; Thence along same S 49º 46' 27" E 116.01 |
26 | ft. to a point; Thence along same S 28º 48' 36" E 221.51 ft. to |
27 | a point; Thence along same S 32º 08' 00" E 167.10 ft to a point; |
28 | Thence along same S 38º 16' 01"E 11.36 ft. to a point; Thence |
29 | along Ronald and Michael Haines S 64º 32' 50" W 91.05 ft. to a |
30 | point; Thence along Randy D. Payton Sr. S 64º 32' 50" W 44.40 |
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1 | ft. to point of beginning. |
2 | Containing – 1.417 Acre |
3 | Being the same premise which was conveyed to Ner T. and |
4 | Dorothy V. Hanna by deed dated September 16, 1968 and recorded |
5 | in Centre County Deed 304, Page 519. |
6 | Tract 6 |
7 | To: Victor & Katherine Crum |
8 | DB. 411 Pg. 695 |
9 | U.P.I. # 3-2A-12a |
10 | N 41° 06' 38.66" |
11 | W 77° 45' 23.32" |
12 | All that certain land situated in Curtin Township, Centre |
13 | County, described as follows. Beginning at an existing rebar, |
14 | said point being located in the former Beech Creek Rail Road |
15 | right of way, now Commonwealth of Pa; Thence along Commonwealth |
16 | of Pa N 41º 49' 11"W 139.45 ft. to an existing painted stone; |
17 | Thence along same N 43º 35' 15" E 62.53 ft. to an existing pipe |
18 | in concrete; Thence along Jack L. Hanna S 41º 36' 12" E 139.49 |
19 | ft. to a point; Thence along same S 43º 35' 15" W 62.00 ft. to |
20 | point of beginning. |
21 | Containing - 0.199 Acre |
22 | Being the same premise which was conveyed to Charles J Urso, |
23 | Jr. and Charles M. Hoffman by deed dated August 28, 1968 and |
24 | recorded in Centre County Deed Book 304, Page 198. |
25 | (c) Conditions of conveyance.--The conveyances described in |
26 | this section shall be made concurrently and under and subject to |
27 | all lawful and enforceable easements, servitudes and rights of |
28 | others, including, but not limited to, streets, roadways and |
29 | rights of any telephone, telegraph, water, electric, gas or |
30 | pipeline companies, as well as under and subject to any lawful |
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1 | and enforceable estates or tenancies vested in third persons |
2 | appearing of record, for any portion of the land or improvements |
3 | erected thereon. |
4 | (d) Restrictive covenants.--Any conveyance authorized under |
5 | subsection (a) shall be made under and subject to the condition, |
6 | which shall be contained in the deeds of conveyance, that no |
7 | portion of the property conveyed to Aber and Hockenberry, Mary |
8 | E. Crotzer, Ronald and Michael Haines, Randy D. Payton Sr., Jack |
9 | L. Hanna and Victor and Katherine Crum, shall be used as a |
10 | licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to |
11 | definitions), or any other similar type of facility authorized |
12 | under State law. The condition shall be a covenant running with |
13 | the land and shall be binding upon Aber and Hockenberry, Mary E. |
14 | Crotzer, Ronald and Michael Haines, Randy D. Payton Sr., Jack L. |
15 | Hanna and Victor and Katherine Crum, their successors and |
16 | assigns. Should Aber and Hockenberry, Mary E. Crotzer, Ronald |
17 | and Michael Haines, Randy D. Payton Sr., Jack L. Hanna and |
18 | Victor and Katherine Crum, their successors or assigns, permit |
19 | any portion of the property authorized to be conveyed to Aber |
20 | and Hockenberry, Mary E. Crotzer, Ronald and Michael Haines, |
21 | Randy D. Payton Sr., Jack L. Hanna and Victor and Katherine |
22 | Crum, in this section to be used in violation of this |
23 | subsection, the title shall immediately revert to and revest in |
24 | the Commonwealth of Pennsylvania. |
25 | (e) Deeds.--The deeds of conveyance of the property in |
26 | accordance with subsection (a) shall be by quitclaim deed for no |
27 | consideration and shall be executed by the Secretary of |
28 | Conservation and Natural Resources in the name of the |
29 | Commonwealth of Pennsylvania. |
30 | (f) Costs and fees.-–All costs and fees incidental to the |
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1 | conveyances contained in this section shall be borne by their |
2 | respective parties. |
3 | (g) Time period for conveyances.-–In the event that these |
4 | conveyances are not executed within 24 months of the effective |
5 | date of this section, the authorization contained in this |
6 | section shall become null and void. |
7 | Section 2. Conveyance in Benner Township, Centre County. |
8 | (a) Authorization.--The Department of General Services, with |
9 | the approval of the Governor, is hereby authorized on behalf of |
10 | the Commonwealth of Pennsylvania to grant and convey to the |
11 | Centre County Industrial Development Corporation certain lands, |
12 | and any improvements located thereon, situate in Benner |
13 | Township, Centre County, for $241,861 as determined by an |
14 | independent appraisal and under terms and conditions to be |
15 | established in an agreement of sale. |
16 | (b) Property description.--The property to be conveyed |
17 | pursuant to this section consists of two tracts of land |
18 | containing approximately 32.06 acres and improvements thereon |
19 | bounded and more particularly described as follows: |
20 | LOT 4AR |
21 | All that certain tract of land situated in Benner Township, |
22 | Centre County, PA, being Lot 4AR, as shown on a plan entitled, |
23 | "Lot Addition and Replot Plan, Final Plan – Benner Commerce Park |
24 | Lot Addition and Replots of Lands of the Centre County |
25 | Industrial Development Corporation and the Commonwealth of |
26 | Pennsylvania – Replot of Lot 5BR (of Plat Book 81, Page 168) |
27 | into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into |
28 | Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009, |
29 | by PennTerra Engineering, Inc., State College, PA, being bounded |
30 | and described as follows: |
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1 | Beginning at an iron pin, being an easterly corner of Venture |
2 | Drive (Proposed 60' R/W) and lying in a southerly R/W line of |
3 | Rishel Hill Road (T-532, 70' R/W); thence along Rishel Hill Road |
4 | the following bearings and distances: along a curve to the left, |
5 | having a chord bearing of N44º35'31"E, a chord distance of |
6 | 253.06 feet, a radius of 555.87 feet and an arc length of 255.29 |
7 | feet to an iron pin; thence N31º26'05"E, 140.94 feet to an iron |
8 | pin; thence N20º07'29"E, 50.99 feet to an iron pin lying in a |
9 | southerly R/W line of Rishel Hill Road (T-532, 50' R/W); thence, |
10 | along said R/W N31º26'05"E, 16.59 feet to an iron pin; thence |
11 | continuing along said R/W along a curve to the right, having a |
12 | chord bearing of N37º35'53"E, a chord distance of 424.09 feet, a |
13 | radius of 1975.00 feet and an arc length of 424.91 feet to an |
14 | iron pin, lying in a southerly line of said R/W and being a |
15 | westerly corner of lands owned now or formerly by Gerald E. |
16 | Rogers, Ronnie Lee Rogers, Bonnie Lou Moerschbacher and |
17 | Geraldine Rogers Bohn (Tax Parcel 12-3-130, RB 753 Pg. 883); |
18 | thence along said lands S47º10'10"E, 903.84 feet to an iron pin, |
19 | being a southerly corner of said lands and lying in a northerly |
20 | R/W line of U.S. 0220/Future I-99 (Variable R/W); thence along |
21 | said R/W the following bearings and distances: S64º43'55"W, |
22 | 96.12 feet to an iron pin; thence S58º28'32"W, 200.00 feet to an |
23 | iron pin; thence S56º06'30"W, 363.15 feet to an iron pin; thence |
24 | along a curve to the right, having a chord bearing of |
25 | S59º25'10"W, a chord distance of 374.92 feet, a radius of |
26 | 11379.16 feet and an arc length of 374.93 feet to an iron pin, |
27 | lying in a northerly line of said R/W and being an easterly |
28 | corner of Venture Drive (Proposed 60'R/W); thence along said |
29 | R/W, the following bearings and distances: N31º45'22"W, 93.01 |
30 | feet to an iron pin; thence along a curve to the left, having a |
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1 | chord bearing of N39º41'44"W, a chord distance of 146.42 feet, a |
2 | radius of 530.00 feet and an arc length of 146.89 feet to an |
3 | iron pin; thence N47º38'06"W, 153.52 feet to an iron pin; thence |
4 | along a curve to the right, having a chord bearing of |
5 | N40º24'58"W, a chord distance of 118.12 feet, a radius of 470.00 |
6 | feet and an arc length of 118.44 feet to an iron pin; thence |
7 | along a curve to the right, having a chord bearing of |
8 | N12º16'33"E, a chord distance of 71.29 feet, a radius of 50.00 |
9 | feet and an arc length of 79.37 feet to an iron pin, being the |
10 | place of beginning, containing 15.709 acres. |
11 | LOT 4BR |
12 | All that certain tract of land situated in Benner Township, |
13 | Centre County, PA, being Lot 4BR, as shown on a plan entitled, |
14 | "Lot Addition and Replot Plan, Final Plan – Benner Commerce Park |
15 | Lot Addition and Replots of Lands of the Centre County |
16 | Industrial Development Corporation and the Commonwealth of |
17 | Pennsylvania – Replot of Lot 5BR (of Plat Book 81, Page 168) |
18 | into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into |
19 | Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009, |
20 | by PennTerra Engineering, Inc., State College, PA, being bounded |
21 | and described as follows: |
22 | Beginning at an iron pin, lying in a southerly R/W line of |
23 | Rishel Hill Road (T-532, 70' R/W) and being a westerly corner of |
24 | Venture Drive (Proposed 60' R/W); thence along said Proposed |
25 | Venture Drive, the following bearings and distances: along a |
26 | curve to the right, having a chord bearing of S68º52'58"E, a |
27 | chord distance of 61.66 feet, a radius of 50.00 feet and an arc |
28 | length of 66.44 feet to an iron pin; thence along a curve to the |
29 | left, having a chord bearing of S39º13'29"E, a chord distance of |
30 | 155.04 feet, a radius of 530.00 feet and an arc length of 155.59 |
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1 | feet to an iron pin; thence S47º38'06"E, 153.52 feet to an iron |
2 | pin; thence along a curve to the right, having a chord bearing |
3 | of S39º41'44"E, a chord distance of 129.84 feet, a radius of |
4 | 470.00 feet and an arc length of 130.26 feet to an iron pin; |
5 | thence S31º45'22"E, 90.63 feet to an iron pin, being a southerly |
6 | corner of said R/W and lying in a northerly R/W line of U.S. |
7 | 0220/Future I-99 (Variable R/W); thence along said R/W the |
8 | following bearings and distances: along a curve to the right, |
9 | having a chord bearing of S61º19'14"W, a chord distance of |
10 | 260.13 feet, a radius of 11379.16 feet and an arc length of |
11 | 260.13 feet to an iron pin; thence S61º58'32"W, 478.19 feet to |
12 | an iron pin; thence along a curve to the right, having a chord |
13 | bearing of S77º02'31"W, a chord distance of 145.57 feet, a |
14 | radius of 280.00 feet and an arc length of 147.26 feet to an |
15 | iron pin; thence N87º53'30"W, 330.60 feet to an iron pin, lying |
16 | in a northerly line of said R/W and being an easterly corner of |
17 | Benner Pike (S.R. 0150, Variable R/W); thence along the Benner |
18 | Pike R/W, along a curve to the left, having a chord bearing of |
19 | N01º50'29"W, a chord distance of 797.38 feet, a radius of |
20 | 6945.55 feet and an arc length of 797.82 feet to an iron pin |
21 | lying along said R/W and being a southerly corner of Rishel Hill |
22 | Road (T-532; 70' R/W); thence along the Rishel Hill Road R/W |
23 | N33º18'46"E, 55.19 feet to an iron pin; thence N57º35'25"E, |
24 | 41.13 feet to an iron pin; thence N79º16'07"E, 41.17 feet to an |
25 | iron pin; thence S84º04'41"E, 80.12 feet to an iron pin; thence |
26 | S73º17'38"E, 252.18 feet to an iron pin; thence along a curve to |
27 | the left, having a chord bearing of N89º52'40"E, a chord |
28 | distance of 321.86 feet, a radius of 555.87 feet and an arc |
29 | length of 326.53 feet to an iron pin, being the place of |
30 | beginning, containing 16.351 acres. |
|
1 | (c) Easements.--The conveyance shall be made under and |
2 | subject to all lawful and enforceable easements, servitudes and |
3 | rights of others, including, but not confined to, streets, |
4 | roadways and rights of any telephone, telegraph, water, |
5 | electric, gas or pipeline companies, as well as under and |
6 | subject to any lawful and enforceable estates or tenancies |
7 | vested in third persons appearing of record, for any portion of |
8 | the land or improvements erected thereon. |
9 | (d) Condition.--Any conveyance authorized under this act |
10 | shall be made under and subject to the condition, which shall be |
11 | contained in the deed of conveyance, that no portion of the |
12 | property conveyed shall be used as a licensed facility, as |
13 | defined in 4 Pa.C.S. § 1103 (relating to definitions), or any |
14 | other similar type of facility authorized under State law. The |
15 | condition shall be a covenant running with the land and shall be |
16 | binding upon the Grantee, its successors and assigns. Should the |
17 | Grantee, its successors or assigns permit any portion of the |
18 | property authorized to be conveyed in this section to be used in |
19 | violation of this subsection, the title shall immediately revert |
20 | to and revest in the Grantor. |
21 | (e) Deed.--The deed of conveyance shall be by Special |
22 | Warranty Deed and shall be executed by the Secretary of General |
23 | Services in the name of the Commonwealth of Pennsylvania. |
24 | (f) Costs and fees.--Costs and fees incidental to this |
25 | conveyance shall be borne by the Grantee. |
26 | (g) Alternate disposition.--In the event that the herein |
27 | named Grantee fails to enter into an agreement of sale with the |
28 | Department of General Services within 12 months of the effective |
29 | date of this section, the property may be disposed of in |
30 | accordance with section 2405-A of the act of April 9, 1929 |
|
1 | (P.L.177, No.175), known as The Administrative Code of 1929. |
2 | Section 3. Conveyance in White Township, Indiana County. |
3 | (a) Authorization.--The Department of General Services, with |
4 | the approval of the Governor, is hereby authorized on behalf of |
5 | the Commonwealth of Pennsylvania to grant and convey to Randy M. |
6 | Thomas, or his assigns, a permanent utility easement across |
7 | certain lands of the Commonwealth of Pennsylvania at Indiana |
8 | University of Pennsylvania situate in White Township, Indiana |
9 | County, for $1 and under terms and conditions to be established |
10 | in an easement agreement. |
11 | (b) Description of easement.--The permanent utility easement |
12 | to be conveyed pursuant to subsection (a) consists of 18,495 |
13 | square feet bounded and more particularly described as follows: |
14 | BEGINNING at the northeast corner at a point in common with |
15 | the Commonwealth of Pennsylvania and the property now or |
16 | formerly of Christopher Butterworth, at a point; thence South 3° |
17 | 7' 10" West along the lands now or formerly of Christopher |
18 | Butterworth, a distance of 352.32 feet to a point; thence North |
19 | 48°37'02" West, along the lands now or formerly of the |
20 | Commonwealth of Pennsylvania, a distance of 62.07 feet to a |
21 | point; thence North 02°57'08" West, along the same lands now or |
22 | formerly of the Commonwealth of Pennsylvania, a distance of |
23 | 133.60 feet to a point; thence North 25°02'42" West, along the |
24 | lands now or formerly of the Commonwealth of Pennsylvania, and |
25 | under a portion of an existing steel building, to a point in |
26 | common with the lands of the Commonwealth of Pennsylvania, and |
27 | the lands now or formerly of Randy M. Thomas, to whom this |
28 | Easement shall benefit; thence South 78°33'00" East along the |
29 | lands now or formerly of Randy M. Thomas, a distance of 41.73 |
30 | feet to a point; thence North 49°32'30" East along the lands now |
|
1 | or formerly of the said Randy M. Thomas, a distance of 67.70 |
2 | feet to a point; thence North 07°26'00" East, along the same |
3 | lands now or formerly of the said Randy M. Thomas, a distance of |
4 | 56.16 feet to a point; thence South 72°30'10" East along the |
5 | lands now or formerly of the Commonwealth of Pennsylvania, a |
6 | distance of 16.16 feet to a point, being the place of BEGINNING. |
7 | Said easement is for sanitary sewer, water, gas, telephone, and |
8 | cable television. |
9 | CONTAINING 18,495 square feet. |
10 | BEING the same property as shown on a survey plan by Parker |
11 | Surveying Company of Indiana, Pennsylvania dated February 18, |
12 | 2011. |
13 | (c) Easement agreement.--The easement agreement shall be |
14 | executed by the Secretary of General Services in the name of the |
15 | Commonwealth of Pennsylvania. |
16 | (d) Costs and fees.--Costs and fees incidental to the |
17 | conveyance of this permanent utility easement shall be borne by |
18 | the Grantee. |
19 | (e) Alternate disposition.--In the event that the parties |
20 | have not entered into an easement agreement within 12 months of |
21 | the effective date of this section, the authorization contained |
22 | in this section shall expire. |
23 | Section 4. Release of restrictions in Tioga County. |
24 | (a) Authorization.--The Department of General Services, with |
25 | the approval of the Governor, is hereby authorized on behalf of |
26 | the Commonwealth of Pennsylvania to remove and release the |
27 | restrictive use covenants imposed on certain real property |
28 | conveyed to North Penn Comprehensive Health Services by the |
29 | Department of General Services pursuant to the authority |
30 | contained in Act 163 of 1986 upon payment of $440,000 to the |
|
1 | Department of General Services by Laurel Health System, their |
2 | successors or assigns. |
3 | (b) Property description.--The restrictions to be released |
4 | pursuant to subsection (a) are on a tract of land totaling |
5 | approximately 8.766-acres, formerly known as the Blossburg State |
6 | General Hospital, more particularly described as follows: |
7 | All that certain lot, piece or parcel of land, together with |
8 | the improvements located thereon, situate in the Borough of |
9 | Blossburg, Tioga County, Pennsylvania, bounded and described in |
10 | accordance with a survey, dated August, 1979, prepared by Duane |
11 | Wetmore under the direction of Boyer Kantz, R.S (revised April, |
12 | 1986) as follows: |
13 | Beginning at a point in the center line of Granger Street, |
14 | said point being the northeast corner of lands now or formerly |
15 | of Joseph W. Stempien and the southeast corner hereof; thence |
16 | along lands of said Stempien, South 78 degrees 00 minutes 16 |
17 | seconds west a distance of 699.81 feet to a point in the center |
18 | line of Ruah Street (said line passing over reference iron rods |
19 | set 25.00 feet from the center line of Granger Street and 30.00 |
20 | feet from the center line of Ruah Street), the southwest corner |
21 | hereof; thence north 19 degrees 10 minutes 51 seconds west a |
22 | distance of 381.94 feet to a point market by an iron rod set; |
23 | thence along the former Railroad Street, north 44 degrees 01 |
24 | minutes 11 seconds west a distance of 343.00 feet to a point |
25 | market by an iron rod set, the northwest corner hereof; thence |
26 | north 48 degrees 58 minutes 49 seconds east a distance of 868.36 |
27 | feet to a point in the center line of Ruah Street; thence along |
28 | lands now or formerly of Walter Kuzneski, north 48 degrees 58 |
29 | minutes 49 seconds east a distance of 338.64 feet to a point |
30 | marked by an old iron rod found (said line passing through an |
|
1 | iron rod set 25.00 feet from the center line of Ruah Street), |
2 | the northernmost corner hereof; thence along lands now or |
3 | formerly of Robert J. Kuzneski the following two courses and |
4 | distances: (1) south 38 degrees 30 minutes 54 seconds east a |
5 | distance of 200.00 feet to an old iron rod found; and (2) north |
6 | 55 degrees 06 minutes 19 seconds east a distance of 113.66 feet |
7 | to a point in the center line of Granger Street (said line |
8 | passing through a utility pole located 11.06 feet from said |
9 | center line), the northeasternmost corner thereof; thence along |
10 | the center line of Granger Street, south 38 degrees 07 minutes |
11 | 43 seconds east a distance of 92.93 feet to a point, the |
12 | northeast corner of lands now or formerly of Larry Smith; thence |
13 | along lands of said Smith the following three courses and |
14 | distances: (1) south 51 degrees 42 minutes and 31 seconds west |
15 | a distance of 223.35 feet to an iron rod set (said line passing |
16 | over an old iron rod found 23.35 feet from the center line of |
17 | Granger Street); (2) south 38 degrees 36 minutes east a distance |
18 | of 375.00 feet to a point marked by an old iron rod found; and |
19 | (3) north 52 degrees 24 minutes east a distance of 226.70 feet |
20 | to a point in the center line of Granger Street (said line |
21 | passing over an iron rod set 25.00 feet from said center line); |
22 | thence along the center line of Granger Street the following |
23 | four courses and distances: (1) south 39 degrees 06 minutes 17 |
24 | seconds east a distance of 73.56 feet; (2) south 42 degrees 01 |
25 | minutes 20 seconds east a distance of 81.39 feet; (3) south 35 |
26 | degrees 48 minutes 29 seconds east a distance of 189.94 feet; |
27 | and (4) south 11 degrees 16 minutes 25 seconds east a distance |
28 | of 11.80 feet to the point and place of Beginning. |
29 | Subject to the easement of right-of-way of Granger Street as |
30 | indicated on said survey, and also subject to the easement of |
|
1 | right-of-way of Ruah Street located on the western portion of |
2 | said premises. |
3 | Containing approximately 8.766-acres of land. |
4 | Being the same property conveyed to North Penn Comprehensive |
5 | Health Services by the Commonwealth of Pennsylvania, acting by |
6 | and through the Department of General Services, by its deed, |
7 | dated December 3, 1987, and recorded in the Recorder of Deeds of |
8 | Tioga County on March 7, 1988 in Deed Book 473, Page 1023. |
9 | (c) Execution.--Any legal instruments necessary to remove |
10 | and release the restrictive use covenants shall be executed by |
11 | the Secretary of General Services in the name of the |
12 | Commonwealth of Pennsylvania. |
13 | (d) Costs and fees.--Any costs and fees incidental to the |
14 | removal of the restrictive use covenants shall be borne by the |
15 | Grantee. |
16 | (e) Proceeds.--Proceeds received by the Department of |
17 | General Services for the release of the restrictive use |
18 | covenants shall be deposited into the General Fund. |
19 | Section 5. Conveyance in Borough of Canonsburg, Washington |
20 | County. |
21 | (a) Authorization.--The Department of General Services, with |
22 | the approval of the Department of Military and Veterans Affairs |
23 | and the Governor, is hereby authorized on behalf of the |
24 | Commonwealth of Pennsylvania to grant and convey, at a price to |
25 | be determined through a competitive bidding process, the tracts |
26 | of land under subsection (b) together with any buildings, |
27 | structures or improvements thereon, situate in the Borough of |
28 | Canonsburg, Washington County. |
29 | (b) Description.--The property to be conveyed pursuant to |
30 | subsection (a) consists of two tracts of land totaling |
|
1 | approximately 0.51 acres, including any improvements thereon, |
2 | more particularly described as follows: |
3 | TRACT 1 |
4 | BEGINNING at a peg common to the Westerly property line of |
5 | North Central Avenue and the Northerly property line of West |
6 | College Street, thence along the Northerly property line of West |
7 | College Street South 75 degrees 31 minutes West, 166.4 feet to |
8 | lot formerly of Nathan Berman, thence by lot formerly of said |
9 | Nathan Berman North 14 degrees 29 minutes West 97.08 feet to |
10 | other property of Mabel H. Barr; thence along other property of |
11 | said Mabel H. Barr and Walter J. Wagner, et. ux., North 76 |
12 | degrees 5 minutes East 166.9 feet to a point in the Westerly |
13 | property line of North Central Avenue; thence along the Western |
14 | property line of North Central Avenue South 14 degrees 11 |
15 | minutes East 95.5 feet to a point, the place of BEGINNING. |
16 | BEING Tax Parcel No. 100-02-0-2-06 |
17 | BEING the same premises conveyed from Mabel H. Barr and |
18 | Thomas C. Barr, her husband to the Commonwealth of Pennsylvania |
19 | by deed dated July 17, 1937 and recorded July 19, 1937, in the |
20 | Recorder of Deeds office for Washington County, Pennsylvania, in |
21 | Deed Book 6158, Page 215. |
22 | TRACT 2 |
23 | BEGINNING at a point at the northwest corner of property |
24 | belonging to the Grantee herein; thence from said point of |
25 | beginning South 75 degrees 0 minutes West, 86 feet to a point; |
26 | thence along land now or formerly of St. Paul's Evangelical |
27 | Lutheran Church, North 15 degrees 0 minutes West, 48.5 feet to a |
28 | point on line of land of The First Baptist Church formerly the |
29 | Margaret Crane property; thence along said First Baptist Church |
30 | line, North 75 degrees 0 minutes East, 104 feet to a point; |
|
1 | thence along line of land now or formerly of N. Baxter, South 15 |
2 | degrees 0 minutes East, 18.5 feet; thence continuing along the |
3 | same, North 75 degrees 0 minutes East, 30 feet to a point; |
4 | thence along land now or formerly of Georgia Stewart, South 15 |
5 | degrees 0 minutes East, 30 feet to a point on line of land of |
6 | Grantee; thence along land of Grantee, South 75 degrees 0 |
7 | minutes West, 46 feet to a point, the place of BEGINNING. |
8 | BEING Tax Parcel No. 100-02-0-2-07 |
9 | BEING the same premises conveyed from the Borough of |
10 | Canonsburg to the Commonwealth of Pennsylvania by deed dated |
11 | September 17, 1965 and recorded October 8, 1965 in Recorder of |
12 | Deeds Office for Washington County, Pennsylvania in Deed Book |
13 | 1218, Page 557. |
14 | (c) Easements.--The conveyance shall be made under and |
15 | subject to all lawful and enforceable easements, servitudes and |
16 | rights of others, including, but not confined to, streets, |
17 | roadways and rights of any telephone, telegraph, water, |
18 | electric, gas or pipeline companies, as well as under and |
19 | subject to any lawful and enforceable estates or tenancies |
20 | vested in third persons appearing of record, for any portion of |
21 | the land or improvements erected thereon. |
22 | (d) Conditions and restrictions.--The Secretary of General |
23 | Services is authorized to convey the property subject to such |
24 | covenants, conditions or restrictions as may be in the best |
25 | interests of this Commonwealth. |
26 | (e) Deed.--The deed of conveyance shall be executed by the |
27 | Secretary of General Services in the name of the Commonwealth of |
28 | Pennsylvania. |
29 | (f) Proceeds.--The proceeds from the sale shall be deposited |
30 | in the State Treasury Armory Fund. |
|
1 | Section 6. Conveyance in Polk Borough, Venango County. |
2 | (a) Authorization.--The Department of General Services, with |
3 | the approval of the Governor, is hereby authorized on behalf of |
4 | the Commonwealth of Pennsylvania to grant and convey to VARHA, |
5 | Inc., approximately 8.14 acres of land in Polk Borough, Venango |
6 | County, including any improvements thereon, as described in |
7 | subsection (b) for $11,750 and under terms and conditions to be |
8 | established in an Agreement of Sale with the Department of |
9 | General Services. |
10 | (b) Property description.--The property to be conveyed |
11 | pursuant to this section consists of approximately 8.14 acres, |
12 | including any improvements thereon, more particularly described |
13 | as follows: |
14 | ALL THAT CERTAIN tract of land and the improvements erected |
15 | thereon, located at the northeast intersection of SR 0062 with |
16 | T-356, being a portion of the former Polk State School and |
17 | Hospital, situate in the Borough of Polk, County of Venango and |
18 | Commonwealth of Pennsylvania, being more fully bounded and |
19 | described to wit: Beginning at a point, being the centerline |
20 | intersection of SR 0062 and T-356; thence along the centerline |
21 | of T-356. N 2° 44' 13" E, 877.03' to a point; thence leaving |
22 | said T-356 and along lands of the Venango Area Riding for the |
23 | Handicapped Association, Inc., (VARHA), the two (2) following |
24 | courses and distances viz: |
25 | 1. S 70° 50' 38" E - 460.94' to a point |
26 | 2. S 04° 04' 28" W - 758.53' to a point in the centerline of |
27 | SR 0062 |
28 | Thence, along the centerline of said SR 0062, N 85° 42' 47" W |
29 | 424.61' to the point of beginning. |
30 | Said premises are described by a certain survey prepared by |
|
1 | Dodd Surveying, dated November 15, 2000, which plan is on file |
2 | at the offices of the Bureau of Real Estate of the Department of |
3 | General Services. |
4 | CONTAINING 8.149-acres. |
5 | (c) Conditions.--The conveyance shall be made under and |
6 | subject to all lawful and enforceable easements, servitudes and |
7 | rights of others, including, but not confined to, streets, |
8 | roadways and rights of any telephone, telegraph, water, |
9 | electric, gas or pipeline companies, as well as under and |
10 | subject to any lawful and enforceable estates or tenancies |
11 | vested in third persons appearing of record, for any portion of |
12 | the land or improvements erected thereon. |
13 | (d) Restriction.--The conveyance shall be made under and |
14 | subject to the condition, which shall be contained in the deed |
15 | of conveyance, that no portion of the property conveyed shall be |
16 | used as a licensed facility, as defined in 4 Pa.C.S. § 1103 |
17 | (relating to definitions), or any other similar type of facility |
18 | authorized under State law. The condition shall be a covenant |
19 | running with the land and shall be binding upon the Grantee, its |
20 | successors and assigns. Should the Grantee, its successors or |
21 | assigns, permit any portion of the property authorized to be |
22 | conveyed in this section to be used in violation of this |
23 | subsection, the title shall immediately revert to and revest in |
24 | the Grantor. |
25 | (e) Deed of conveyance.--The deed of conveyance shall be |
26 | executed by the Secretary of General Services in the name of the |
27 | Commonwealth of Pennsylvania. |
28 | (f) Costs and fees.--Costs and fees incidental to this |
29 | conveyance shall be borne by the Grantee. |
30 | (g) Alternate disposition.--In the event that an agreement |
|
1 | of sale between the parties is not executed within two years of |
2 | the effective date of this section, the property may be disposed |
3 | of in accordance with section 2405-A of the act of April 9, 1929 |
4 | (P.L.177, No.175), known as the Administrative Code of 1929. |
5 | Section 7. Conveyance in Ohiopyle Borough, Fayette County. |
6 | (a) Authorization.--The Department of Conservation and |
7 | Natural Resources, with the approval of the Governor, is hereby |
8 | authorized on behalf of the Commonwealth of Pennsylvania to |
9 | grant and convey to Ohiopyle Borough, subject to residential use |
10 | only restrictions, and free of restrictions on use and |
11 | alienation imposed by section 20 of the act of June 22, 1964 |
12 | (Sp.Sess.1, P.L.131, No.8), known as the Project 70 Land |
13 | Acquisition and Borrowing Act, certain lands situate in Ohiopyle |
14 | Borough, Fayette County, in exchange for that certain property |
15 | to be conveyed to the Commonwealth of Pennsylvania in accordance |
16 | with subsection (c). |
17 | (b) Description of property.--The property to be conveyed in |
18 | accordance with subsection (a) consists of one tract of land |
19 | totaling approximately 2.65 acres and improvements thereon |
20 | bounded and more particularly described as follows: |
21 | ALL THAT CERTAIN tract of land situate in the Borough of |
22 | Ohiopyle, County of Fayette, Commonwealth of Pennsylvania. |
23 | BEGINNING at Found Rebar & Cap S 52 degrees, 23 minutes, 42 |
24 | seconds West 166.64 feet, thence S 43 degrees, 58 minutes, 40 |
25 | seconds East 262.44 feet, thence S 47 degrees, 18 minutes, 52 |
26 | seconds West 224.94 feet, thence N 44 degrees, 12 minutes, 20 |
27 | seconds West 144.96 feet, thence along the same 10.5 feet, |
28 | thence S 46 degrees, 18 minutes, 49 seconds West 50.00 feet, |
29 | thence S 44 degrees, 09 minutes, 33 seconds East 258.03 feet, |
30 | thence N. 50 degrees, 16 minutes, 07 seconds East 496.84 feet, |
|
1 | thence N 52 degrees, 04 minutes, 10 seconds West 392.39 feet to |
2 | the place of Beginning. |
3 | CONTAINING 2.65 acres more or less. |
4 | (c) Authorization to receive property.--The Department of |
5 | Conservation and Natural Resources, with the approval of the |
6 | Governor, is hereby authorized on behalf of the Commonwealth of |
7 | Pennsylvania to receive from Ohiopyle Borough certain lands |
8 | situate in Ohiopyle Borough, Fayette County, in exchange for |
9 | that property to be conveyed to the Borough in accordance with |
10 | subsection (a). |
11 | (d) Description of property to be received.--The property to |
12 | be conveyed in accordance with subsection (c) consists of |
13 | approximately 2.65 acres and improvements, except the sewer |
14 | treatment plant and its utilities as outlined in the agreement |
15 | between Ohiopyle Borough and the Bureau of State Parks, thereon |
16 | bounded and more particularly described in the Fayette County |
17 | Deed Book 1043 Page 701: |
18 | All that certain parcel of land situate in the Borough of |
19 | Ohiopyle, Fayette County, Pennsylvania, bounded on the south |
20 | by Meadow Run, on the east by a public highway known as |
21 | Travel Route 381, for a distance of 900 feet northwardly from |
22 | Meadow Run, on the north by a line extending to the |
23 | Youghiogheny River having a bearing of North 85º 32' 30" West |
24 | and on the west by the east bank of the Youghiogheny River in |
25 | a southerly direction to Meadow Run. Containing 2.65 acres |
26 | and being the area outlined in red on drawing prepared by the |
27 | Chester Engineering dated 1965, attached herto and made part |
28 | hearof. |
29 | CONTAINING in area 2.65 acres, more or less. |
30 | (e) Easements and encumbrances.--The conveyances described |
|
1 | in this section shall be made concurrently and under and subject |
2 | to all lawful and enforceable easements, servitudes and rights |
3 | of others, including, but not confined to, streets, roadways and |
4 | rights of any telephone, telegraph, water, electric, gas or |
5 | pipeline companies, as well as under and subject to any lawful |
6 | and enforceable estates or tenancies vested in third persons |
7 | appearing of record, for any portion of the land or improvements |
8 | erected thereon. |
9 | (f) Restrictive covenants.-- |
10 | (1) The Department of Conservation and Natural Resources |
11 | shall impose and record Project 70 restrictions on the |
12 | property to be conveyed in accordance with subsection (c). |
13 | (2) Any conveyance authorized under subsection (a) shall |
14 | be made under and subject to the condition, which shall be |
15 | contained in the deed of conveyance, that no portion of the |
16 | property conveyed to Ohiopyle Borough shall be used as a |
17 | licensed facility, as defined in 4 Pa.C.S. § 1103 (relating |
18 | to definitions), or any other similar type of facility |
19 | authorized under the laws of this Commonwealth. The condition |
20 | shall be a covenant running with the land and shall be |
21 | binding upon Ohiopyle Borough, its successors and assigns. |
22 | Should Ohiopyle Borough, its successors or assigns permit any |
23 | portion of the property authorized to be conveyed to the |
24 | borough in this section to be used in violation of this |
25 | paragraph, the title shall immediately revert to and revest |
26 | in the Commonwealth of Pennsylvania. |
27 | (3) The Department of Conservation and Natural Resources |
28 | shall impose residential use only restrictions on the |
29 | property to be conveyed in accordance with subsection (b). |
30 | (g) Special warranty deed.--The deed for the conveyance of |
|
1 | the property in accordance with subsections (a) and (c) shall be |
2 | by special warranty deed and shall be executed by the Secretary |
3 | of Conservation and Natural Resources in the name of the |
4 | Commonwealth of Pennsylvania. |
5 | (h) Costs.--All costs and fees incidental to the conveyances |
6 | contained in this section shall be borne by the Department of |
7 | Conservation and Natural Resources. |
8 | (i) Expiration of authorization.--In the event that these |
9 | conveyances are not executed by July 7, 2013, the authorization |
10 | contained in this section shall become null and void. |
11 | Section 8. Conveyance in Union Township, Lebanon County. |
12 | (a) Authorization.--The Department of Conservation and |
13 | Natural Resources, with the approval of the Governor, is hereby |
14 | authorized on behalf of the Commonwealth of Pennsylvania to |
15 | grant and convey to Kyle A. and Tamara J. Boltz certain lands |
16 | situate in Union Township, Lebanon County, in exchange for that |
17 | certain property to be conveyed to the Commonwealth of |
18 | Pennsylvania in accordance with subsection (c). |
19 | (b) Property description.--The property to be conveyed in |
20 | accordance with this section consists of approximately 4.191 |
21 | acres, located in Union Township, Lebanon County, Commonwealth |
22 | of Pennsylvania, being a portion of that land conveyed by the |
23 | United States of America acting by and through the Regional |
24 | Director, National Park Service, Mid-Atlantic Region, pursuant |
25 | to authority delegated by the Secretary of the Interior, and as |
26 | authorized by the Federal Property and Administrative Services |
27 | Act of 1949 (63 Stat. 377), as amended, and particularly as |
28 | amended by Public Law 91-485 (84 Stat. 1084), and regulations |
29 | and orders promulgated thereunder to Bureau of State Parks, |
30 | Commonwealth of Pennsylvania, by deed dated April 12, 1989, and |
|
1 | recorded in the Office of the Recorder of Deeds of Lebanon |
2 | County, Pennsylvania, in Deed Book 285 at Page 109. Beginning at |
3 | a point marked with rebar, said point being located along the |
4 | common division line between Kyle A. and Tamara J. Boltz and the |
5 | Commonwealth of Pennsylvania, said point being Southerly corner |
6 | of the lands of the Commonwealth of Pennsylvania herein |
7 | described; thence, along the line of lands of Kyle A. and Tamara |
8 | J. Boltz, North fourteen degrees forty-three minutes fifty |
9 | seconds East (N 14º43'50" E) a distance of one thousand one |
10 | hundred twenty and eighty-two hundredth feet (1120.82 ft) to a |
11 | point marked with rebar; thence, through the lands of the |
12 | Commonwealth of Pennsylvania, South seventy-five degrees fifteen |
13 | minutes fifty seconds East (S 75º15'50" E) a distance of three |
14 | hundred thirty-one and ten hundredths feet (331.10); thence, |
15 | along common division line between the lands of the Commonwealth |
16 | of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty- |
17 | four degrees thirty-eight minutes twenty-one seconds West (S |
18 | 34º38'21" W) a distance of eighty-four and ninety-three |
19 | hundredths feet (84.93 ft) to a point marked with a pipe; |
20 | thence, along common division line between the lands of the |
21 | Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, |
22 | South thirty degrees fifty-seven minutes three seconds West (S |
23 | 30º57'03" W) a distance of four hundred forty-six and sixty-four |
24 | hundredths feet (446.64 ft) to a point marked with a pipe; |
25 | thence, along common division line between the lands of the |
26 | Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, |
27 | South thirty degrees fifty-one minutes forty-nine seconds West |
28 | (S 30º51'49" W) a distance of two hundred sixty-one and sixty- |
29 | seven hundredths feet (261.67 ft) to a point marked with a pipe; |
30 | thence, along common division line between the lands of the |
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1 | Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, |
2 | South thirty degrees fifty-six minutes twelve seconds West (S |
3 | 30º56'12" W) a distance of three hundred seventy-five and eighty |
4 | hundredths feet (375.80 ft) to the point of beginning; |
5 | containing an area of 4.191 acres. |
6 | (c) Conveyance of lands to Commonwealth.--The Department of |
7 | Conservation and Natural Resources, with the approval of the |
8 | Governor, is hereby authorized on behalf of the Commonwealth of |
9 | Pennsylvania to receive from Kyle A. and Tamara J. Boltz certain |
10 | lands situate in Union Township, Lebanon County, in exchange for |
11 | that property to be conveyed to Kyle A. and Tamara J. Boltz in |
12 | accordance with this section. |
13 | (d) Property description of lands to Commonwealth.--The |
14 | property to be conveyed in accordance with subsection (c) |
15 | consists of approximately 11.908 acres, located in Union |
16 | Township, Lebanon County, Commonwealth of Pennsylvania, being a |
17 | portion of that land conveyed by David A. Carbaugh to Kyle A. |
18 | and Tamara J. Boltz by deed dated August 8, 2002, and recorded |
19 | in the Office of the Recorder of Deeds of Lebanon County, |
20 | Pennsylvania, in Deed Book 2010 at Page 3375. Also being a |
21 | portion of that land recorded in a boundary line agreement |
22 | between Kyle A. and Tamara J. Boltz and Charles and Patricia A. |
23 | Gamler and recorded in the Office of the Recorder of Deeds of |
24 | Lebanon County, Pennsylvania, on August 24, 2004, in Deed Book |
25 | 2050 at Page 4634. Beginning at a point marked with a pipe, said |
26 | point being located along the common division line between Kyle |
27 | A. and Tamara J. Boltz and the Commonwealth of Pennsylvania a |
28 | distance of one-thousand nine-hundred fifty feet (1,950 ft) more |
29 | or less Northeasterly from the centerline of Pennsylvania SR |
30 | 1020 (Fredericksburg Road); thence, along said common division |
|
1 | line North twenty-eight degrees forty-three minutes nineteen |
2 | seconds East (N 28º43'19" E) a distance of one-hundred twenty- |
3 | four and twenty hundredths feet (124.20 ft) to a point marked |
4 | with a pipe; thence, along said common division line North one |
5 | degree eighteen minutes fourteen seconds East (N 01º18'14" E) a |
6 | distance of two-hundred seventy-four and twenty-three hundredths |
7 | feet (274.23 ft) to a point marked with a pipe; thence, along |
8 | said common division line North eleven degrees four minutes |
9 | forty-six seconds East (N 11º04'46" E) a distance of two-hundred |
10 | fifty-seven and forty-two hundredths feet (257.42 ft) to a point |
11 | marked with a concrete monument; thence, along said common |
12 | division line North six degrees two minutes fifty-three seconds |
13 | East (N 06º02'53" E) a distance of one-hundred fifty-seven and |
14 | fifty-five hundredths feet (157.55 ft) to a point marked with a |
15 | pipe; thence, along said common division line South eighty-one |
16 | degrees two minutes twenty-seven seconds East (N 81º02'27" E) a |
17 | distance of thirty-four and seventy-seven hundredths feet (34.77 |
18 | ft) to a point marked with a pipe; thence, along said common |
19 | division line North two degrees two minutes thirteen seconds |
20 | East (N 02º02'13" E) a distance of three-hundred three and |
21 | twenty-one hundredths feet (303.21 ft) to a point marked with a |
22 | concrete monument; thence, along said common division line North |
23 | eight degrees two minutes one second East (N 08º02'01" E) a |
24 | distance of two-hundred eighty-four and thirty-one hundredths |
25 | feet (284.31 ft) to a point marked with a concrete monument; |
26 | thence, along said common division line North two degrees two |
27 | minutes twenty-three seconds West (N 02º02'23" W) a distance of |
28 | two-hundred thirty-three and twenty-eight hundredths feet |
29 | (233.28 ft) to a point marked with a pipe; thence, along said |
30 | common division line North thirty-nine degrees fifty-three |
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1 | minutes twenty-two seconds East (N 39º53'22" E) a distance of |
2 | six-hundred fifteen feet (615.00 ft); thence, South nine degrees |
3 | forty-one minutes thirteen seconds West (S 09º41'13" W) a |
4 | distance of ninety-five feet (95.00 ft); thence, South thirteen |
5 | degree forty-four minutes thirteen seconds West (S 13º44'13" W) |
6 | a distance of six-hundred ninety-two feet (692.00 ft); thence, |
7 | South one degree forty-nine minutes zero seconds East (S |
8 | 01º49'00" E) a distance of nine-hundred fifty-nine and sixty-six |
9 | hundredths feet (959.66 ft); thence, South eighty-eight degrees |
10 | twenty-five minutes forty-eight seconds West (S 88º25'48" W) a |
11 | distance of two-hundred two and fifty hundredths feet (202.50 |
12 | ft); thence, South four degrees fifty-four minutes twelve |
13 | seconds East (S 04º54'12" E) a distance of three-hundred feet |
14 | (300.00 ft); thence, South six degrees eleven minutes forty- |
15 | eight seconds West (S 06º11'48" W) a distance of two-hundred |
16 | feet (200.00 ft); thence, North fifty-nine degrees twelve |
17 | minutes fifteen seconds West (N 59º12'15" W) a distance of two- |
18 | hundred ninety-six and fifty hundredths feet (296.50 ft) to the |
19 | point of beginning; containing an area of 11.908 acres. |
20 | (e) Location of lands to Commonwealth.--The easement to be |
21 | conveyed in accordance with subsection (c) consists of |
22 | approximately 1.5 acres, located in Union Township, Lebanon |
23 | County, Commonwealth of Pennsylvania, in accordance with |
24 | subsection (f). |
25 | (f) Easement interest.--The property to be conveyed under |
26 | subsection (c) constitutes an easement interest for the purpose |
27 | of utilities and vehicular and pedestrian ingress and egress, |
28 | with motor vehicle use being limited to Department of |
29 | Conservation and Natural Resources vehicles used for |
30 | construction or maintenance within the Easement Corridor, or |
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1 | emergency vehicles, beginning at a point on the centerline of |
2 | Pennsylvania State Route 1020, said point being the centerline |
3 | of the 30 foot-wide easement, North forty-seven degrees twenty- |
4 | six minutes twenty-two seconds East (N 47º26'22" E) a distance |
5 | of one hundred forty-two and eighty-three hundredths feet |
6 | (142.83 ft); thence, North eight degrees fifty-four minutes |
7 | twelve seconds East (N 08º54'12" E) a distance of two hundred |
8 | sixty-six and eight hundredths feet (266.08 ft); thence, North |
9 | twenty-three degrees twenty-six minutes forty-eight seconds West |
10 | (N 23º26'48" W) a distance of one hundred seventy and ninety- |
11 | five hundredths feet (170.95 ft); thence, to the division line |
12 | of the lands of the Commonwealth of Pennsylvania North fourteen |
13 | degrees forty-four minutes ten seconds East (N 14º44'10" E) a |
14 | distance of one thousand four hundred eighty-one and eighty-four |
15 | hundredths feet (1,481.84 ft). |
16 | (g) Conditions of conveyance.--The conveyances described in |
17 | this section shall be made concurrently and under and subject to |
18 | all lawful and enforceable easements, servitudes and rights of |
19 | others, including, but not limited to, streets, roadways and |
20 | rights of any telephone, telegraph, water, electric, gas or |
21 | pipeline companies, as well as under and subject to any lawful |
22 | and enforceable estates or tenancies vested in third persons |
23 | appearing of record, for any portion of the land or improvements |
24 | erected thereon. |
25 | (h) Restrictive covenants.--Any conveyance authorized under |
26 | subsection (a) shall be made under and subject to the condition, |
27 | which shall be contained in the deed of conveyance, that no |
28 | portion of the property conveyed to Kyle A. and Tamara J. Boltz |
29 | shall be used as a licensed facility, as defined in 4 Pa.C.S. § |
30 | 1103 (relating to definitions), or any other similar type of |
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1 | facility authorized under State law. The condition shall be a |
2 | covenant running with the land and shall be binding upon Kyle A. |
3 | and Tamara J. Boltz, their successors and assigns. Should Kyle |
4 | A. and Tamara J. Boltz, their successors or assigns, permit any |
5 | portion of the property authorized to be conveyed to Kyle A. and |
6 | Tamara J. Boltz in this section to be used in violation of this |
7 | subsection, the title shall immediately revert to and revest in |
8 | the Commonwealth of Pennsylvania. |
9 | (i) Deeds.--The deed of conveyance of the property in |
10 | accordance with subsections (a) and (c) shall be by special |
11 | warranty deed and shall be executed by the Secretary of |
12 | Conservation and Natural Resources in the name of the |
13 | Commonwealth of Pennsylvania. |
14 | (j) Costs and fees.--All costs and fees incidental to the |
15 | conveyances contained in this section shall be borne by their |
16 | respective parties. |
17 | (k) Time period for conveyances.--In the event that these |
18 | conveyances are not executed by July 7, 2013, the authorization |
19 | contained in this section shall become null and void. |
20 | Section 9. Repeals. |
21 | Repeals are as follows: |
22 | (1) (i) The General Assembly declares that the repeal |
23 | under paragraph (2)(i) is necessary to effectuate the |
24 | purpose of section 7. |
25 | (ii) The General Assembly declares that the repeal |
26 | under paragraph (2)(ii) is necessary to effectuate the |
27 | purpose of section 8. |
28 | (2) (i) Section 4 of the act of July 7, 2011 (P.L.225, |
29 | No.43), entitled "An act authorizing Venango County to |
30 | convey a right-of-way over certain Project 70 lands in |
|
1 | Oakland Township, Venango County, free of restrictions |
2 | imposed by the Project 70 Land Acquisition and Borrowing |
3 | Act; authorizing the Department of General Services, with |
4 | the approval of the Department of Conservation and |
5 | Natural Resources and the Governor, to grant and convey |
6 | to East Norriton Township certain lands situate in East |
7 | Norriton Township, Montgomery County, in exchange for |
8 | East Norriton Township's granting and conveying certain |
9 | lands to the Commonwealth of Pennsylvania to be added to |
10 | the existing lands of the Norristown Farm Park; |
11 | authorizing the Department of General Services, with the |
12 | approval of the Department of Conservation and Natural |
13 | Resources and the Governor, to remove the deed |
14 | restrictions on a portion of the lands previously |
15 | conveyed by the Department of General Services in |
16 | accordance with section 1(c) of the act of July 10, 1985 |
17 | (P.L.201, No.51); authorizing East Norriton Township to |
18 | convey the property it receives from the Commonwealth of |
19 | Pennsylvania pursuant to this act to Montgomery County |
20 | for nominal consideration for public highway |
21 | improvements; authorizing and directing the Department of |
22 | General Services, with the approval of the Governor, to |
23 | grant and convey to the County of Chester certain lands |
24 | situate in East Vincent Township, Chester County; |
25 | authorizing the Department of General Services, with the |
26 | approval of the Department of Conservation and Natural |
27 | Resources and the Governor, to grant and convey to |
28 | Ohiopyle Borough certain lands situate in Ohiopyle |
29 | Borough, Fayette County, in exchange for Ohiopyle Borough |
30 | granting and conveying certain lands to the Commonwealth |
|
1 | of Pennsylvania to be added to those existing lands at |
2 | Ohiopyle State Park; authorizing the Department of |
3 | Conservation and Natural Resources, with the approval of |
4 | the Governor, to grant and convey to Kyle A. and Tamara |
5 | J. Boltz certain lands situate in Union Township, Lebanon |
6 | County, in exchange for Kyle A. and Tamara J. Boltz's |
7 | granting and conveying certain lands to the Commonwealth |
8 | of Pennsylvania, Department of Conservation and Natural |
9 | Resources, to be added to those existing lands at Swatara |
10 | State Park; authorizing the Department of General |
11 | Services, with the approval of the Governor, to grant and |
12 | convey to the Susquehanna Township Authority a permanent |
13 | sanitary sewer easement over certain lands of the |
14 | Commonwealth of Pennsylvania, situate in Susquehanna |
15 | Township, Dauphin County; authorizing the Department of |
16 | General Services, with the approval of the Governor, to |
17 | grant and convey to the County of Lackawanna Transit |
18 | System Authority (COLTS), certain lands situate in the |
19 | City of Scranton, Lackawanna County, in exchange for a |
20 | certain tract of land from COLTS situate in the City of |
21 | Scranton, Lackawanna County; and making a related |
22 | repeal," is repealed. |
23 | (ii) Section 5 of the act of July 7, 2011 (P.L.225, |
24 | No.43), is repealed. |
25 | Section 10. Effective date. |
26 | This act shall take effect immediately. |
|