SENATE AMENDED

 

PRIOR PRINTER'S NO. 2339

PRINTER'S NO.  3494

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1825

Session of

2011

  

  

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

  

  

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, MAY 8, 2012   

  

  

  

AN ACT

  

1

Authorizing the Department of General Services, with the

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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

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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

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the approval of the Governor, to grant and convey to Randy M.

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Thomas, or his assigns, a permanent utility easement across

17

certain lands situate in White Township, Indiana County;

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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

 


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.

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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.

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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

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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.

- 14 -

 


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

- 15 -

 


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

- 16 -

 


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

- 17 -

 


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

- 18 -

 


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

- 19 -

 


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

- 20 -

 


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;

- 21 -

 


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.

- 22 -

 


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

- 23 -

 


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

- 24 -

 


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,

- 25 -

 


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

- 26 -

 


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

- 27 -

 


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

- 28 -

 


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

- 29 -

 


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

- 30 -

 


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

- 34 -

 


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

- 35 -

 


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.

- 36 -