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PRIOR PRINTER'S NO. 593
PRINTER'S NO. 909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
561
Session of
2021
INTRODUCED BY FONTANA, APRIL 14, 2021
AS AMENDED ON THIRD CONSIDERATION, JUNE 15, 2021
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor, to grant and convey certain lands,
buildings and improvements situate in the City of Pittsburgh,
Allegheny County, through a competitive solicitation for
proposals process.; AND AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF CORRECTIONS
AND THE GOVERNOR, TO GRANT AND CONVEY TO ALEXANDER DELMONT
BARD AND MELISSA MARIE BARD, CERTAIN LANDS AND IMPROVEMENTS
SITUATE IN THE CITY OF PITTSBURGH, ALLEGHENY COUNTY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in City of Pittsburgh, Allegheny County.
(a) Authorization.--The Department of General Services, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to grant and convey the
following tracts of land, together with the buildings and
improvements thereon, known as the former State Correctional
Institution - Pittsburgh, situate in the City of Pittsburgh,
Allegheny County, to the buyer that submits the proposal through
a competitive solicitation for proposals process that the
Department of General Services determines offers the best value
and return on investment. In making the determination, the
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Department of General Services may consider, in addition to
price, the proposed use of the property, job creation, return to
the property tax rolls and other criteria specified in the
solicitation documents. A competitive solicitation committee
shall be established to review proposals and recommend a buyer.
The competitive solicitation committee shall be comprised of the
Secretary of General Services or a designee, the member of the
Senate in whose district the majority of the property is located
or a designee, the member of the House of Representatives in
whose district the majority of the property is located or a
designee and an official representative of the municipality in
which the property is located.
(b) Property description.--The property to be conveyed under
subsection (a) consists of two tracts of land totaling
approximately 20.2736-acres, including all improvements located
thereon, bounded and more particularly described as follows:
ALL THOSE CERTAIN parcels of land, with improvements thereon,
situate in the City of Pittsburgh, Allegheny County
Pennsylvania, within the area bounded by Westhall Street, New
Beaver Avenue, Doer Street and the low waterline of the Ohio
River, more particularly described as follows (such descriptions
not constituting a consolidation of lots):
Tract 1
BEING the lands within Tax Parcel No. 44-B-100 east of Tax
Parcel No. 44-B-125, a section of the former CSX Transportation
System and the following Tax Parcels: 44-B-20, 44-B-25, 44-B-26,
44-B-50, 44-B-60, 44-B-70, 44-C-60, 44-C-68, 44-C-90, 44-C-122,
44-C-124, 44-C-402, 44-G-01, 44-G-02, 44-G-20, and 44-G-298.
BEGINNING at a point located at Pennsylvania State Plane
South Coordinates: N 423084.50, E 1330519.44, being S 85° 05'
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23" W a distance of 67.13 feet from a City of Pittsburgh
monument in the sidewalk on the south side of Westhall Street,
said point also being on the southern right-of-way line of
Westhall Street, having a width of 50 feet, and being the
northeastern most corner of the line of lands now or formerly of
the City of Pittsburgh, Tax ID No. 44-B-125 and previously a
portion of the CSX Transportation System, and being the
northwestern most corner of the lands herein described, and
being the point of beginning; thence along the southern right-
of-way of Westhall Street the following three courses and
distances:
N 89° 14' 55" E a distance of 671.46 feet to a point;
N 89° 14' 55" E a distance of 48.62 feet along the
northern line of Tax Parcel 44-C-124 to a point;
N 89° 14' 55" E a distance of 139.20 feet along the
northern line of Tax Parcel 44-C-122 to a point;
Thence by a curve to the right following the right-of-way
transition between Westhall Street and New Beaver Avenue, having
a radius of 25.00 feet, an arc length of 40.76 feet, and a chord
bearing S 44° 02' 30" E a distance of 36.39 feet to a point;
Thence along the right-of-way of New Beaver Avenue, having a
variable width, the following five courses and distances:
By a curve to the left along the eastern line of Tax
Parcel 44-C-122 having a radius of 722.88 feet, an arc
length of 126.15 feet, and a chord bearing S 02° 19' 53"
E a distance of 125.99 feet to a point;
By a curve to the left along the eastern line of Tax
Parcel 44-C-60 having a radius of 722.88 feet, an arc
length of 82.56 feet, and a chord bearing S 10° 36' 08" E
a distance of 82.52 feet to a point;
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By a curve to the left along the eastern line of Tax
Parcel 44-C-90 having a radius of 1035.00 feet, an arc
length of 234.83 feet, and a chord bearing S 20° 23' 10"
E a distance of 234.33 feet to a point;
Continuing along the eastern line of Tax Parcel 44-C-90,
S 26° 53' 10" E a distance of 227.22 feet to a point;
S 26° 53' 10" E along the eastern line of Tax Parcel 44-
G-20 a distance of 266.20 feet to a point;
Thence by a curve to the right following the right-of-way
transition between New Beaver Avenue and Doerr Street, having a
radius of 25.00 feet, an arc length of 45.52 feet, and a chord
bearing S 25° 16' 24" W a distance of 39.49 feet to a point;
Thence along the northern right of way of Doerr Street, having a
width of 50 feet, the following five courses:
S 77° 25' 57" W a distance of 171.42 feet along the
southern line of Tax Parcel 44-G-20 to a point;
S 77° 25' 57" W a distance of 173.45 feet along the
southern line of Tax Parcel 44-G-298 to a point;
S 77° 25' 57" W a distance of 59.31 feet along the
southern line of Tax Parcel 44-B-100 to a point;
S 77° 25' 57" W a distance of 153.00 feet along the
southern line of Tax Parcel 44-G-1 to a point;
S 77° 25' 57" W a distance of 285.88 feet along the
southern line of Tax Parcel 44-B-100 to a point;
Thence along the line of lands now or formerly of the
City of Pittsburgh, Tax Parcel No. 44-B-125, formerly a
part of the CSX Transportation System and now functioning
as a walking trail, the following three courses and
distances:
Thence by a curve to the right having a radius of 1117.56
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feet, an arc length of 256.41 feet, and a chord bearing N
31° 29' 36" W a distance of 255.85 feet to a point;
Thence by a curve to the right having a radius of 1516.99
feet, an arc length of 300.34 feet, and a chord bearing N
20° 05' 33" W a distance of 299.85 feet to a point;
N 12° 29' 42" W a distance of 615.58 feet to a point
being the Point of Beginning.
Containing: 923,257 S.F. or 21.1951 Acres
EXCEPTING out from this description Tax Parcel No. 44-C-122,
presently owned by the Commonwealth of Pennsylvania Department
of Transportation, bounded and described as follows:
BEGINNING at a point being the northwestern corner of the
lands described here, and the northeastern corner of lands now
or formerly of the Commonwealth of Pennsylvania, Tax Parcel 44-
C-124, and being a point of the southern right-of-way of
Westhall Street, having a width of 50 feet, and being shown as
'POB 11' on the plan SCI Pittsburgh Boundary Survey of 2017;
thence continuing along the Westhall Street right-of-way N 89°
14' 55" E a distance of 139.20 feet to a point; thence by a
curve to the right following the right-of-way transition between
Westhall Street and New Beaver Avenue, having a radius of 25.00
feet, an arc length of 40.76 feet, and a chord bearing S 44° 02'
30" E a distance of 36.39 feet to a point; thence along the
right-of-way of New Beaver Avenue, having a variable width by a
curve to the left having a radius of 722.88 feet, an arc length
of 126.15 feet, and a chord bearing S 02° 19' 53" E a distance
of 125.99 feet to a point; thence following the northern line of
Tax Parcel 44-C-60, S 89° 03' 40" W a distance of 132.73 feet to
a point; thence along the eastern line of Tax Parcel 44-C-122, N
13° 36' 47" W a distance of 156.80 feet to the point of
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beginning.
Containing 22,254 S.F. or 0.5109 Acres.
ALSO EXCEPTING out Tax Parcel No. 44-G-298, presently owned
by the Allegheny County Industrial Development Authority,
bounded and described as follows:
BEGINNING at a point being the southwestern corner of the
lands described here, and the southeastern corner of lands now
or formerly of the Commonwealth of Pennsylvania, Tax Parcel 44-
B-100, and being a point on the northern right-of-way line of
Doerr Street feet, and being shown as 'POB 17' on the plan SCI
Pittsburgh Boundary Survey of 2017: thence along the eastern
line of Tax Parcel 44-B-100 N 12° 40' 25" W a distance of 288.20
feet to a point; thence along the southern line of Tax Parcel
44-C-68, N 77° 10' 34" E a distance of 100.00 feet to a point;
thence along the southern line of Tax Parcel 44-B-100, N 77° 10'
34" E a distance of 0.30 feet to a point; thence along the
western line of Tax Parcel No. 44-G-20, S 26° 53' 10" E a
distance of 297.91 feet to a point; thence along the northern
line of Doerr Street S 77° 25' 57" W a distance of 173.45 feet
to the point of beginning.
Containing: 39,486 S.F. or 0.9065 Acres.
Tract 2
BEING the lands within Tax Parcel No. 44-B-100 bounded on the
east by Tax Parcel No. 44-B-125, a section of the former CSX
Transportation System, bounded on the south by the southern
right-of-way line of Doerr Street having a width of 50 feet,
bounded on the west by the low water line of the Ohio River, and
bounded on the north by the southern right-of-way line of
Westhall Street having a width of 50 feet, and more particularly
described as follows:
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BEGINNING at a point, being the point of beginning for Tract
1 above, located at Pennsylvania State Plane South Coordinates:
N 423084.50, E 1330519.44, being S 85° 05' 23" W a distance of
67.13 feet from a City of Pittsburgh monument in the sidewalk on
the south side of Westhall Street, thence from the Tract 1 point
of beginning, S 89° 14' 55" W a distance of 15.32 feet from to
the true point of beginning for Tract 2, also being located at
Pennsylvania State Plane South Coordinates: N 423084.30, E
1330504.12, and being the northeastern most corner of the lands
herein described, and being a point on the southern right-of-way
line of Westhall Street, having a width of 50 feet, and being
the northwestern most corner of the line of lands now or
formerly of the City of Pittsburgh, Tax ID No. 44-B-125
previously a portion of the CSX Transportation System; thence
from said True Point of Beginning along the western line of Tax
Parcel No. 44-B-125 the following three courses and distances:
S 12° 29' 42" E a distance of 617.49 feet to a point;
By a curve to the left having a radius of 1525.63 feet,
an arc length of 304.93 feet, and a chord bearing S 20°
02' 59" E a distance of 304.43 feet to a point;
By a curve to the left having a radius of 1132.93 feet,
an arc length of 308.48 feet, and a chord bearing S 32°
43' 45" E a distance of 307.52 feet to a point;
Thence along the southern right-of-way line of Doerr Street,
having a width of 50 feet, S 77° 25' 57" W a distance of 27.99
feet to a point;
Thence along the low water line of the Ohio River the following
four courses and distances:
By a curve to the right having a radius of 1806.62 feet,
an arc length of 561.64 feet, and a chord bearing N 26°
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06' 33" W a distance of 559.38 feet to a point;
N 12° 23' 51" W a distance of 265.87 feet to a point;
N 14° 11' 44" W a distance of 265.28 feet to a point;
By a curve to the left having a radius of 356.28, an arc
length of 153.59 feet, and a chord bearing N 28° 44' 29"
W a distance of 152.41 feet to a point;
Thence along the southern right-of-way line of Westhall Street,
having a width of 50 feet, N 89° 14' 55" E a distance of 64.69
feet to a point being the true point of beginning
Containing: 21,603 S.F. or 0.4959 Acres.
Total of Tract 1 and Tract 2 is 944,860 S.F. or 21.6910 Acres.
Total of Tract 1 and Tract 2
(Less 44-C-122 and 44-G-298) is 883,120 S.F. or 20.2736 Acres.
Bearings based on the Pennsylvania State Plane South
Coordinate System. This description prepared by Paul J. Neff,
PLS of Pedersen & Pedersen, Inc., based on the 2017 survey for
DGS SCI as shown on the plan SCI Pittsburgh Boundary Survey of
2017. These descriptions do not constitute a Lot Consolidation
of the Commonwealth's properties.
(c) Conditions.--The following apply:
(1) The 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 the land and
shall be binding upon the grantee, its successors or assigns.
Should the grantee, its successors or assigns permit any
portion of the property authorized to be conveyed by this act
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to be used in violation of this subsection, the title shall
immediately revert to and revest in the grantor.
(2) The conveyance shall be 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) Deed of conveyance.--The conveyance shall be by Special
Warranty Deed executed by the Secretary of General Services in
the name of the Commonwealth of Pennsylvania.
(e) Restrictions.--The Secretary of General Services may
impose any covenants, conditions or restrictions on the property
described under subsection (b) at settlement as determined to be
in the best interests of the Commonwealth.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited
into the General Fund.
SECTION 2. CONVEYANCE IN CITY OF PITTSBURGH, ALLEGHENY COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF CORRECTIONS AND THE GOVERNOR,
IS HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
PENNSYLVANIA TO GRANT AND CONVEY, FOR $140,000, THE TRACT OF
LAND DESCRIBED UNDER SUBSECTION (B), TOGETHER WITH ANY
BUILDINGS, STRUCTURES OR IMPROVEMENTS THEREON, SITUATE IN THE
CITY OF PITTSBURGH, ALLEGHENY COUNTY, TO ALEXANDER DELMONT BARD
AND MELISSA MARIE BARD.
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(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF ONE TRACT OF APPROXIMATELY 0.16-
ACRES OF LAND AND IMPROVEMENTS LOCATED THEREON, BOUNDED AND MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY SIDE OF SHADELAND
(FORMERLY GEYER) AVENUE AT THE DIVIDING LINE BETWEEN LOTS NOS.
21 AND 20 IN SAID PLAN; THENCE ALONG SAID WESTERLY SIDE OF
SHADELAND AVENUE, SOUTH 8 DEGREES 15 MINUTES EAST, A DISTANCE OF
49.0 FEET TO A POINT; THENCE SOUTH 81 DEGREES 45 MINUTES WEST,
AND PARALLEL WITH THE DIVIDING LINE BETWEEN SAID LOTS NOS. 21
AND 20, A DISTANCE OF 125 FEET TO A POINT; THENCE NORTH 6
DEGREES 15 MINUTES WEST AND PARALLEL WITH SAID SHADELAND AVENUE,
A DISTANCE OF 49.0 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS.
21 AND 20 IN SAID PLAN; AND THENCE NORTH 81 DEGREES 45 MINUTES
EAST, ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 21 AND 20, A
DISTANCE OF 125 FEET TO THE PLACE OF BEGINNING. BEGINNING AT A
POINT AT THE INTERSECTION OF LOTS NOS. 2, 3, 20 AND 21 IN SAID
PLAN SAID POINT BEING DISTANT 142.5 FEET EASTWARDLY MEASURED
ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 2 AND 3 IN SAID PLAN
FROM THE EASTERLY SIDE OF MCCLURE AVENUE; THENCE ALONG THE
DIVIDING LINE BETWEEN LOTS NOS. 20 AND 21 IN SAID PLAN;
EASTWARDLY, 17.5 FEET TO LINE OF LAND OF LENORE SCHWERD GETTY;
THENCE ALONG SAID LAND, SOUTHWARDLY, 49.0 FEET TO LINE OF LAND
OF IRENE SCHWERD FISHER; THENCE ALONG SAID LAND, PARALLEL WITH
THE DIVIDING LINE BETWEEN LOTS NOS. 20 AND 21 IN 2 SAID PLAN,
WESTWARDLY 17.5 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 3
AND 20 IN SAID PLAN; THENCE ALONG SAID DIVIDING LINE,
NORTHWARDLY, 49.0 FEET TO THE PLACE OF BEGINNING. THE ABOVE TWO
DESCRIBED PARCELS TOGETHER MAKE A LOT 49 FEET, MORE OR LESS,
FRONTING ON THE WESTERLY SIDE OF SHADELAND AVENUE AND EXTENDING
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BACK THEREFROM A UNIFORM WIDTH OF 49 FEET TO A UNIFORM DEPTH OF
142.5 FEET, AND HAVING ERECTED THEREON A TWO AND ONE-HALF STORY
BRICK BUILDING ON THE EASTERLY PORTION AND A STUCCO GARAGE ON
THE WESTERLY PORTION THEREOF, SAID LOT IN ITS ENTIRETY BEING
DESIGNATED AS BLOCK NO. 75-D, LOT NO. 136 IN THE ALLEGHENY
COUNTY DEED REGISTRY RECORDS, AND BEING THE SAME PREMISES WHICH
LENORA SCHWERD GETTY, ALSO KNOWN AS LENORE SCHWERD GETTY, WIDOW,
BY DEED DATED APRIL 18, 1947, AND RECORDED IN ALLEGHENY COUNTY
RECORDER'S OFFICE IN DEED BOOK, VOLUME 2944, AT PAGE 402,
GRANTED AND CONVEYED UNTO JAMES J. CARSON AND MARGARET HALL-
OWENS CARSON, AS JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP,
THE SAID JAMES J. CARSON AND MARGARET HALL-OWENS CARSON, BEING
THE NAMED GRANTORS HEREIN. BEING TAX PARCEL NO. 75-D-136. BEING
THE SAME PREMISES CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA,
BY DEED, DATED JUNE 2, 1952 AND RECORDED JUNE 26, 1952, IN
ALLEGHENY COUNTY IN DEED BOOK VOLUME 3172, PAGE 712.
(C) REQUIREMENT FOR CONVEYANCE.--THE CONVEYANCE SHALL BE
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) DEED.--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.
(E) COVENANTS, CONDITIONS AND RESTRICTIONS.--THE SECRETARY
OF GENERAL SERVICES MAY IMPOSE ANY COVENANTS, CONDITIONS OR
RESTRICTIONS ON THE PROPERTY DESCRIBED UNDER SUBSECTION (B) AT
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SETTLEMENT AS DETERMINED TO BE IN THE BEST INTERESTS OF THE
COMMONWEALTH.
(F) ALTERNATE DISPOSITION.--IN THE EVENT THAT THE CONVEYANCE
AUTHORIZED HEREIN IS NOT COMPLETED WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS ACT, THE AUTHORITY TO CONVEY THE PROPERTY
TO ALEXANDER DELMONT BARD AND MELISSA MARIE BARD AS PROVIDED
UNDER SECTION 1 SHALL EXPIRE, AND THE PROPERTY MAY BE DISPOSED
OF IN ACCORDANCE WITH SECTION 2405-A OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
(G) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
INTO THE GENERAL FUND.
Section 2 3. Effective date.
This act shall take effect in 60 days. AS FOLLOWS:
(1) SECTION 1 SHALL TAKE EFFECT IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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