Regular Session 2017-2018 Senate Bill 0921 P.N. 1235

PRINTER'S NO. 1235

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

921

Session of

2017

INTRODUCED BY BROWNE, OCTOBER 11, 2017

REFERRED TO STATE GOVERNMENT, OCTOBER 11, 2017

AN ACT

Authorizing and directing the Department of General Services,

with the approval of the Governor, to grant and convey to TCA

Properties, L.P., certain lands and improvements situate in

the City of Allentown and the City of Bethlehem, Lehigh

County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in the City of Allentown and the City of

Bethlehem, Lehigh County.

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

the approval of the Governor, is hereby authorized and directed

on behalf of the Commonwealth of Pennsylvania to grant and

convey, for fair market value, as established through an

independent appraisal, the following tracts of land together

with any buildings, structures or improvements thereon, situate

in the City of Allentown and the City of Bethlehem, Lehigh

County, to TCA Properties, L.P.

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

pursuant to subsection (a) consists of approximately 195.167

acres of land and improvements located thereon, bounded and more

particularly described as follows:

LOT #1

ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the City

of Allentown and City of Bethlehem, Lehigh County, bounded and

described as follows, to wit:

BEGINNING at a concrete monument found on the South side of

Hanover Avenue said point being at the Northeast Corner of the

lands of N/F 1514 Inc., thence FROM THE PLACE OF BEGINNING along

the South line of Hanover Avenue the following courses and

distances:

(1) S 55°31'17" E for a distance of 511.16' to a point,

thence

(2) Along a curve to the Right having a Delta Angle of

5°45'00", a radius of 957.11' for an arc length of 96.05' to a

point, thence

(3) N 61°16'18" E for a distance of 5.96' to a point, thence

(4) Along a curve to the Left having a Delta Angle of

5°47'00", a radius of 1034.11' for an arc length of 104.38' to a

point, thence

(5) N 55°29'17" E for a distance of 45.13' to the Northwest

corner of Hanover Avenue and North Quebec Street; thence along

the West line North Quebec Street S 7°57'43" E for a distance of

553.45' to a point at the Southwest corner of North Quebec

Street and East Allen Street; thence along the South line of

East Allen Street N 81°23'17" E for a distance of 678.83' to an

iron pin set at the Northwest corner of Lot #2;

Thence along Lot #2 the following course and distances:

(1) S 27°11'30" E for a distance of 1032.47' to an iron pin

set; thence

(2) S 55°10'20" W for a distance of 243.03' to an iron pin

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set; thence

(3) S 34°49'40" E for a distance of 160.00' to an iron pin

set; thence

(4) N 54°56'04" E for a distance of 603.06' to an iron pin

set; thence

(5) N 43°48'06" E for a distance of 727.05' to an iron pin

set; thence

(6) N 72°56'55" E for a distance of 285.07' to an iron pin

set; thence

(7) N 76°19'04" E for a distance of 378.08' to an iron pin

set on the City of Allentown and the City of Bethlehem line;

thence

(8) Along the City of Allentown and the City of Bethlehem

line N 6°55'39" W for a distance of 413.29' to an iron pin set;

thence along the lands of N/F Bruce Loch and James Burkos, N/F

A-town Development Company, and N/F Raymond Perez, N 82°59'59" E

for a distance of 396.87' to a point; thence along the lands of

N/F Raymond Perez, the South line of Grandview Boulevard, and

N/F Geraldine P. Holzinger N 81°45'17" E for a distance of

396.71' to a concrete monument found; thence along the lands of

PA Lines LCC S 8°31'43" E for a distance of 469.16' to a point

on the North line of Central Boulevard;

Thence along the North line of Central Boulevard the

following courses and distances:

(1) Along a curve to the Right having a Delta Angle of

30°53'14", a radius of 798.97' for an arc length of 430.71' to a

point, thence

(2) S 75°44'07" W for a distance of 205.24' to a point,

thence

(3) S 66°28'27" W for a distance of 232.14' to a point,

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Thence along the North line of River Drive the following

courses and distances:

(1) S 69°08'28" W for a distance of 282.83' to a point;

thence

(2) S 54°30'17" W for a distance of 507.39' to a point;

thence

(3) S 50°28'17" W for a distance of 411.58' to a point;

thence

(4) S 56°43'17" W for a distance of 384.03' to a point;

thence

(5) Along a curve to the Left having a Delta Angle of

39°02'00", a radius of 256.69' for an arc length of 174.87' to a

point, thence

(6) S 17°41'17" W for a distance of 83.85' to a point;

thence

(7) Along a curve to the Right having a Delta Angle of

8°00'03", a radius of 346.78' for an arc length of 48.47' to a

point,

Thence along the lands of N/F Norfolk Southern the following

courses and distances:

(1) S 39°24'36" W for a distance of 139.28' to a concrete

monument found; thence

(2) S 49°14'43" E for a distance of 6.14' to a point on the

North line of River Drive;

Thence along the North line of River Drive the following

courses and distances:

(1) S 44°33'17" W for a distance of 159.40' to a point;

thence

(2) Along a curve to the Left having a Delta Angle of

14°07'00", a radius of 541.84' for an arc length of 133.50' to a

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point, thence

(3) S 30°26'17" W for a distance of 799.21' to a point;

thence

(4) Along a curve to the Right having a Delta Angle of

18°38'50", a radius of 891.50' for an arc length of 290.14' to a

point, thence

(5) S 49°05'07" W for a distance of 392.66' to a point;

thence

(6) Along a curve to the Right having a Delta Angle of

8°09'10", a radius of 536.50' for an arc length of 76.34' to a

point, thence

(7) S 57°14'17" W for a distance of 332.83' to a point;

thence

(8) Along a curve to the Right having a Delta Angle of

10°36'40", a radius of 663.50' for an arc length of 122.88' to a

point, thence

(9) S 46°37'37" W for a distance of 729.66' to a point;

thence

(10) Along a curve to the Right having a Delta Angle of

8°41'30", a radius of 536.50' for an arc length of 81.39' to a

point, thence

(11) S 55°19'07" W for a distance of 126.31' to a point at

the Southeast limit of unopened South Maxwell Street; thence

along East line of unopened South Maxwell Street N 7°40'54" W

for a distance of 1981.82' to a concrete monument found;

Thence along the lands of N/F the Community Services for

Children the following courses and distances:

(1) N 77°27'55" E for a distance of 343.59' to a point;

thence

(2) N 82°36'13" E for a distance of 264.92' to a point;

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thence

(3) N 7°34'12" W for a distance of 48.78' to a point; thence

(4) N 10°07'23" E for a distance of 18.41' to a point;

thence

(5) N 33°51'14" E for a distance of 77.17' to a point;

thence

(6) N 6°18'35" W for a distance of 41.34' to a point; thence

(7) S 83°24'45" W for a distance of 56.39' to a point;

thence

(8) N 6°18'23" W for a distance of 35.42' to a point; thence

(9) N 83°44'46" E for a distance of 56.41' to an iron pipe

found; thence

(10) N 6°16'03" W for a distance of 223.32' to a point;

thence

(11) S 83°06'05" W for a distance of 6.70' to a point;

thence

(12) N 7°22'55" W for a distance of 78.48' to an iron pipe

found; thence

(13) S 76°24'27" W for a distance of 46.07' to a point;

thence

(14) N 13°36'19" W for a distance of 35.10' to an iron pipe

found; thence

(15) N 76°12'08" E for a distance of 49.86' to an iron pipe

found; thence

(16) N 7°25'05" W for a distance of 258.86' to an iron pipe

found; thence

(17) S 83°23'26" W for a distance of 257.59' to a point;

Thence along the lands of N/F Baldeu Raj SharmaTrust, the

East limit of East Pine Street and N/F Richard C. Birch Sr. N

1°54'54" W for a distance of 250.32' to a concrete monument

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found on the South line of East Gordon Street; thence along the

South line of East Gordon street N 82°02'47" E for a distance of

319.05' to an iron pipe found at the Southeast corner of East

Gordon North Oswego Streets; thence along the East line of North

Oswego Street N 6°39'00" W for a distance of 8.01' to a point;

thence along the lands of Kelly Brookhart and Mark MacNemara N

81°51'17" E for a distance of 229.30' to a concrete monument

found; thence along the lands of N/F Tina Rivera, N/F Karl &

Ruth Schuster, N/F Dee Ann Diaz, N/F Timothy Koppenhaver, N/F

David & Ruth Koppenhaver, N/F Eugene & Constance Fritz, N/F

Miriam Estrella, N/F David & Helen Galbraith, N/F Gary & Kay

Matsco, N/F Charles & Jacqueline Scherer, N/F Sharon Peters, N/F

Jeremy Ingle, and the East Limit of East Clair Street N 8°17'43"

W for a distance of 733.25' to a point, thence along the East

line of 1514 Inc. N 34°22'50" W for a distance of 152.66' to the

place of BEGINNING.

CONTAINING 165.846-Acres.

BEING shown as Lot #1 on the Final Minor Subdivision Plan of

the Allentown State Hospital prepared by the City of Allentown

Department of Public Works, Drawing #06-005, dated July 20,

2007, last revised March 25, 2009.

LOT #2

ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the City

of Allentown, Lehigh County, bounded and described as follows,

to wit:

BEGINNING at an iron pin set on the south line of East Allen

Street, said point being located North 81° 23' 17" East for a

distance of 678.83 feet from the Southwest corner of North

Quebec Street and the said point of BEGINNING being the

Northwest corner of this described parcel; thence from the place

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of BEGINNING along the South line of East Allen Street and the

South Line of Oil Process Systems North 81° 23' 17" East for a

distance of 531.03 feet to a concrete monument found; thence

along the lands of Bruce Loch and James Burkos the following

nine (9) courses and distances;

(1) South 43° 13' 28" East - 11.42 feet to a concrete

monument found; thence

(2) South 80° 16' 15" West - 54.97 feet to an iron pin

found; thence

(3) South 7° 57' 07" West - 61.34 feet to a concrete

monument found; thence

(4) South 61° 19' 56" East - 163.09 feet to a concrete

monument found; thence

(5) North 68° 57' 39" East - 177.92 feet to a concrete

monument found; thence

(6) North 58° 25' 17" East - 238.88 feet to a concrete

monument found; thence

(7) North 23° 18' 43" West - 36.00 feet to a concrete

monument found; thence

(8) North 82° 58' 20" East - 987.96 feet to a concrete

monument found; thence

(9) North 82° 59' 59" East - 1.43 feet to a point; thence

along Lot #1, the residue lands of the Commonwealth of

Pennsylvania the following eight (8) courses and distances;

(1) South 6° 55' 39" East - 413.29 feet to a iron pin set;

thence

(2) South 76° 19' 04" West - 378.08 feet to a iron pin set;

thence

(3) South 72° 56' 55" West - 285.07 feet to a iron pin set;

thence

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(4) South 43° 48' 06" West - 727.05 feet to a iron pin;

thence

(5) South 54° 56' 04" West - 603.06 feet to a iron pin;

thence

(6) North 34° 49' 40" West - 160.00 feet to a iron pin set;

thence

(7) North 55° 10' 20" East - 243.03 feet to a iron pin set;

thence

(8) North 27° 11' 30" West - 1032.47 feet to the place of

BEGINNING.

CONTAINING 29.321-Acres.

BEING shown as Lot #2 on the Final Minor Subdivision Plan of

the Allentown State Hospital prepared by the City of Allentown

Department of Public Works, Drawing #06-005, dated July 20,

2007, last revised March 25, 2009.

made under and subject to all lawful and enforceable easements,

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

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

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

subject to any lawful and enforceable estates or tenancies

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

the land or improvements erected thereon.

(d) Gaming restriction.--Any conveyance authorized under

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

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

portion of the property conveyed shall be used as a licensed

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

definitions), or any other similar type of facility authorized

under State law. The condition shall be a covenant running with

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

and assigns. Should the grantee, its successors or assigns

permit any portion of the property authorized to be conveyed in

this section to be used in violation of this subsection, the

title shall immediately revert to and revest in the grantor.

(e) Covenants, conditions and restrictions.--The Secretary

of General Services may impose any covenants, conditions,

restrictions and reservations on the sale of the property as is

deemed in the best interests of the Commonwealth of

Pennsylvania.

(f) Easements.--The Secretary of General Services may grant

or retain any easements necessary to effectuate this section.

(g) Deed of conveyance.--The deed of conveyance shall be by

special warranty deed and shall be executed by the Secretary of

General Services in the name of the Commonwealth of

Pennsylvania.

(h) Costs and fees.--All costs and fees incurred by the

Department of General Services shall be borne by the grantee.

Section 2. Repeals.

Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate section 1 of this

act.

(2) Section 4 of the act of July 9, 2013 (P.L.429,

No.62), is repealed insofar as it is inconsistent with this

act.

Section 3. Effective date.

This act shall take effect in 60 days.

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