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A10046
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
353
Session of
2017
INTRODUCED BY RAFFERTY, FEBRUARY 15, 2017
REFERRED TO STATE GOVERNMENT, FEBRUARY 15, 2017
AN ACT
Authorizing and directing the Department of General Services,
with the approval of the Governor and the Department of
Military and Veterans Affairs, to grant and convey to the
Pennhurst Memorial Preservation Alliance, or its assigns, a
certain tract of land with certain improvements on it situate
in East Vincent Township, Chester County.; authorizing and
directing the Department of General Services, with the
approval of the Governor, to grant and convey to 812 Market,
Inc., or its assigns, certain lands and improvements situate
in the City of Harrisburg, Dauphin County; authorizing the
Department of Transportation, with the approval of the
Governor, to grant and convey to Two Farms Inc., certain
lands situate in the Collegeville Borough, Montgomery County;
authorizing the Department of General Services, with the
approval of the Governor, to grant and convey, at a price to
be determined through a competitive bid process, certain
lands, buildings and improvements situate in the Borough of
Chambersburg, Franklin County; authorizing the Department of
General Services, with the approval of the Department of
Transportation and the Governor, to grant and convey, at a
price to be determined through a competitive bid process,
certain lands, buildings and improvements situate partially
in the 6th Ward City of Washington and situate partially in
South Strabane Township, Washington County; and authorizing
the Department of General Services, with the approval of the
Pennsylvania Historical and Museum Commission and the
Governor, to grant and convey to Jose L. Ramos and Lisa
Ramos, husband and wife, certain lands situate in the
Township of Whitemarsh, Montgomery County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in East Vincent Township, Chester County.
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(a) Authorization.--The Department of General Services, with
the approval of the Governor and the Department of Military and
Veterans Affairs, is authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey to the Pennhurst Memorial
Preservation Alliance, or its assigns, a certain tract of land
with certain improvements on it situate in East Vincent
Township, Chester County, for $1. fair market value as
established by an independent appraisal.
(b) Description.--The property to be conveyed under this
section is more particularly described as follows:
ALL THAT CERTAIN tract of land situated on the northeast
corner of the intersection of Veterans Drive and Pennhurst
Road (extended), in the Township of East Vincent, County of
Chester and Commonwealth of Pennsylvania, being approximately
3.83 acres bounded and more particularly described as
follows:
BEGINNING at a point in Pennhurst Road (extended), a corner
of lands of now or formerly Pennhurst Acquisition LP and the
Commonwealth of Pennsylvania;
THENCE leaving said road in a southeasterly direction and
along lands of now or formerly Pennhurst Acquisition LP,
South 74 degrees 38 minutes 01 seconds East, 294.73 feet, to
a point along lands of now or formerly Pennhurst Acquisition
LP;
THENCE moving southerly, away from lands now or formerly
Pennhurst Acquisition LP and along lands of the Commonwealth
of Pennsylvania, South 4 degrees 37 minutes 35 seconds East,
145.59 feet to a point along the western side of an existing
stone driveway;
THENCE following the western side of the stone driveway and
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along lands now or formerly of The Commonwealth of
Pennsylvania, South 6 degrees 19 minutes 22 seconds East,
88.62 feet to a point along the northern edge of Veterans
Drive;
THENCE along Veterans drive moving westerly, South 79 degrees
56 minutes 54 seconds West, 435.16 feet to a point; thence
continuing along Veterans Drive, South 80 degrees 39 minutes
01 second West, 109.60 feet to a point; thence continuing
along Veterans Drive, South 78 degrees 18 minutes 00 seconds
West, 86.45 feet to a point along the southern side of a
stone wall and near the intersection Veterans Drive and
Pennhurst Road;
THENCE continuing along the aforementioned stone wall, South
85 degrees 16 minutes 41 seconds West, 7.75 feet to a point;
thence continuing northwesterly, along the aforementioned
stone wall, by a line curving to the right having a radius of
26.59 feet, an arc length of 42.46 feet and a chord bearing
of North 43 degrees 41 minutes 04 seconds West, a chord
distance of 38.09 feet to a point;
THENCE continuing along the west side of the aforementioned
stone wall and also along the eastern edge of Pennhurst Road
(extended) the following ten (10) courses and distances: (1)
North 06 degrees 58 minutes 31 seconds East, 10.42 feet to a
point; (2) North 16 degrees 14 minutes 58 seconds East, 13.71
feet to a point; (3) North 23 degrees 39 minutes 08 seconds
East, 27.00 feet to a point; (4) North 34 degrees 40 minutes
40 seconds East, 83.50 feet to a point; (5) North 36 degrees
20 minutes 06 seconds East, 26.32 feet to a point; (6) North
43 degrees 10 minutes 50 seconds East, 44.60 feet to a point;
(7) in northeasterly direction by a line curving to the right
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having a radius of 1,212.11 feet, an arc length of 72.01
feet, a chord bearing of North 46 degrees 47 minutes 01
seconds East, a chord distance of 71.99 feet to a point; (8)
North 47 degrees 48 minutes 03 seconds East, 57.96 feet to a
point; (9) North 43 degrees 08 minutes 03 seconds East, 29.88
feet to a point; (9) North 47 degrees 07 minutes 44 seconds
East, 18.89 feet to a point; (10) North 50 degrees 31 minutes
12 seconds East, 47.92 feet to a point;
THENCE gradually moving northeasterly into aforementioned
Pennhurst Road (extended) North 45 degrees 40 minutes 09
seconds East, 102.60 feet to the POINT and PLACE of
BEGINNING, CONTAINING 3.83 acres more or less.
(c) Conditions.--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) Restrictive covenant.--The deed of conveyance shall
contain restrictive covenants as the Secretary of General
Services may deem necessary to ensure the historical
preservation and interpretation of the property.
(e) Easements.--The Secretary of General Services is
authorized to reserve or grant any easements on either the lands
to be conveyed herein or the residual lands of the Commonwealth
surrounding the property to be conveyed, known as the
Southeastern Pennsylvania Veterans Center, that may be useful or
necessary to effectuate this conveyance.
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(f) Local land use controls.--The conveyance authorized by
this act shall be exempt from the provisions of the act of July
31, 1968 (P.L.805, No.247), known as the Pennsylvania
Municipalities Planning Code, and all local land use controls,
including, but not limited to, East Vincent Township's
Subdivision and Land Development Ordinance and Zoning Ordinance.
(d) (g) Execution.--The conveyance shall be executed by the
Secretary of General Services in the name of the Commonwealth of
Pennsylvania.
(e) (h) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(f)(i) Expiration.--If this conveyance is not fully executed
within two years of the effective date of this section, the
authority contained in this section shall expire.
Section 2. Conveyance in the City of Harrisburg, Dauphin
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 to 812
Market, Inc., or its assigns, certain land together with any
improvements thereon, situate in the City of Harrisburg, Dauphin
County, for $1.00.
(b) Property description.--The property to be conveyed
pursuant to subsection (a) consists of approximately 0.49 acres
of land and improvements thereon, bounded and more particularly
described as follows:
ALL THAT CERTAIN lot, parcel, tract or piece of land situate
in the City of Harrisburg, County of Dauphin, as shown on a
corrected plan of the General State Authority, dated February
17, 1965, bounded and described as follows:
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BEGINNING at the Northwest corner of 10th and Market Streets;
thence along the North Side of Market Street in a Southwesterly
direction for a distance of 65.05 feet, more or less, thence in
a Northwesterly direction for a distance of 102.75 feet, more or
less, thence in a Westerly direction for a distance of 57.41
feet, more or less to the East Side of Ninth Street, thence
Northwardly along the East Side of Ninth Street for a distance
of 113.20 feet more or less, thence in an Easterly direction for
a distance of 141.70 feet more or less, thence in a Southwardly
direction for a distance of 196.67 feet more or less to the
place of BEGINNING.
CONTAINING 0.49-acres, more or less.
BEING a portion the same property that was conveyed by the
General State Authority in its deed to the Commonwealth of
Pennsylvania, acting by and through the Department of General
Services, dated June 16, 1989 and recorded in the Dauphin County
Recorder of Deeds Office in Deed Book 1520 at Page 556 (Parcel
#26).
(c) Conditions of 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) Costs and fees.--Costs and fees incidental to this
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conveyance shall be borne by the grantee.
(f) Alternative disposition.--In the event that the
conveyance authorized herein is not effectuated within two years
of the effective date of this act, 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.
Section 3. Conveyance in Collegeville Borough, Montgomery
County.
(a) Authorization.--The Department of Transportation, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to enter into a land transfer
with Two Farms, Inc., on certain land situate in the
Collegeville Borough, Montgomery County, as described in
subsection (b) for fair market value based on an appraisal or
based on other agency policies pertaining to dispositions and
under terms and conditions to be established in an Agreement of
Sale.
(b) Property description.--The property to be conveyed to
Two Farms, Inc., includes the following two parcels:
(1) A parcel containing a calculated area of 11,252
square feet or 0.2583 acres of land, more or less that is
subject to easements and restrictions of record, if any, and
begins at a point along the southwesterly right of way of
Main Street (Width Varies) (SR 4031), said point being
located 52.85 feet from the PennDOT right of way baseline,
said point being along the common dividing line between lands
now or formerly of PennDOT (Block 6 Unit 27) and lands now or
formerly of PennDOT (Block 6 Unit 28);
THENCE, from said point of beginning, along the southwesterly
right of way of said Main Street, North 61 degrees 00 minutes 43
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seconds West, a distance of 99.31 feet to a point;
Thence along the lands now or formerly of Keybank NA (Block 6
Unit 26), North 28 degrees 12 minutes 38 seconds East, a
distance of 110.60 feet to a point;
Thence along the lands now or formerly of Harleysville
National Bank (Block 6 Unit 22), the following two (2) courses
and distances:
1. South 66 degrees 44 minutes 53 seconds East, a distance
of 31.91 feet to a point;
2. South 61 degrees 05 minutes 00 seconds East, a distance
of 67.51 feet to a point;
Thence along the lands now or formerly of PennDOT (Block 6
Unit 28), South 28 degrees 12 minutes 38 seconds West, a
distance of 113.88 feet to a point, said point being the first
mentioned point and place of beginning.
(2) A parcel containing a calculated area of 4,067
square feet or 0.0934 acres of land, more or less that is
subject to easements and restrictions of record, if any, and
begins at a point along the southwesterly right of way line
of Main Street (Width Varies) ultimate)(SR 0029), said point
being located 52.85 feet from the PennDOT right of way
baseline, said point being along the common dividing line
between lands now or formerly of PennDOT (Block 6 Unit 27)
and lands now or formerly of PennDOT (Block 6 Unit 28);
THENCE, from said point of beginning, along the lands of said
PennDOT (Block 6 Unit 27), North 28 degrees 12 minutes 38
seconds East, a distance of 113.88 feet to a point;
Thence along the lands now or formerly of Keybank NA (Block 6
Unit 22), South 61 degrees 05 minutes 00 seconds East, a
distance of 42.25 feet to a point;
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Thence through the lands of said PennDOT (Block 6 Unit 28),
the following three (3) courses and distances:
1. South 28 degrees 53 minutes 46 seconds West, a
distance of 70.41 feet to a point;
2. South 64 degrees 06 minutes 37 seconds West, a
distance of 53.19 feet to a point;
3. North 61 degrees 00 minutes 43 seconds West, a
distance of 10.22 feet to a point, said point being the first
mentioned point and place of beginning.
(c) Conditions.--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 and
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) Restriction.--The conveyance 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 the laws of this Commonwealth. The condition
shall be a covenant running with 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) Deed.--The deed of conveyance shall be by quit claim
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deed and shall be executed by the Secretary of Transportation in
the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Deposit of proceeds.--Proceeds from the sale shall be
deposited into the Motor License Fund.
Section 4. Conveyance in the Borough of Chambersburg, Franklin
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, at a price
to be determined through a competitive bidding process, the
following tract of land together with any buildings, structures
or improvements thereon, situate in the Borough of Chambersburg,
Franklin County.
(b) Property description.--The property to be conveyed under
subsection (a) consists of a tract of land totaling
approximately 6.045-acres, including all improvements located
thereon, more particularly described as follows:
ALL THAT CERTAIN piece or parcel of land located in the
Borough of Chambersburg, Franklin County, Pennsylvania, along
former Township Route 485, known N/F as Jacob's Road, bounded
and described as follows:
BEGINNING at an iron pin, which iron pin is 25 feet from
the center line of said road and 220 feet west of the property
line of the lot of N/F Daniel Miller; thence from the said point
of beginning and along said TR-485 and 25 feet distant from the
center thereof, north 67 degrees 15 minutes west, 440 feet to an
iron pin; thence by other land of N/F Sunny Hill Development
Corp., north 22 degrees 45 minutes east, 598.5 feet to an iron
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pin; thence south 67 degrees 15 minutes east, 440 feet to an
iron pin; thence by the same, south 22 degrees 45 minutes west,
598.5 feet to an iron pin, the place of beginning. CONTAINING
6.045 acres, as shown by survey of Arrowood, Inc., dated April
1, 1968, Drawing No. 68 - 36, approved by the Planning and
Zoning Commission of the Borough of Chambersburg, on the 30th
day of April, 1968.
BEING UPI No. 04-1G02.-052A-000000
BEING the same premises the Sunny Hill Development Corp.
conveyed to the General State Authority, by deed dated April 26,
1968 and recorded April 30, 1968, in Deed Book 625, Page 578, at
the Franklin County Courthouse, in the Borough of Chambersburg,
Franklin County.
ALSO BEING the same premises the General State Authority
conveyed to the Commonwealth of Pennsylvania, by deed dated June
16, 1989 (tract 5. only) and recorded April 11, 1990, in Deed
Book 1079, Page 284, at the Franklin County Courthouse, in the
Borough of Chambersburg, Franklin County.
(c) Conditions.--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 executed by the
Secretary of General Services in the name of the Commonwealth of
Pennsylvania.
(e) Proceeds.--The proceeds from the sale shall be deposited
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in the General Fund.
Section 5. Conveyance in 6th Ward City of Washington and South
Strabane Township, Washington County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Transportation and the
Governor, is hereby authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey, at a price to be determined
through competitive bidding, the following tracts of land
together with any buildings, structures or improvements thereon,
situate partially in the 6th Ward City of Washington, and
situate partially in South Strabane Township, Washington County.
(b) Property description.--The property to be conveyed under
subsection (a) consists of one tract of approximately 5.186-
acres of land and improvements located thereon, bounded and more
particularly bounded and described as follows:
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate
partially in the City of Washington, and situate partially in
South Strabane Township, County of Washington, and Commonwealth
of Pennsylvania, bounded and described as follows:
BEGINNING at a point on the center line of State Highway
Route No. 108 (Murtland Avenue) at Station 59 plus 46.75 of the
State Highway enumeration; thence along the center of Murtland
Avenue, South 76° 37' 00" West, for a distance of two hundred
thirty-eight and ninety-seven one hundredths (238.97) feet to a
point; thence South 78° 54' 30" West for a distance of two
hundred and eleven and five one-hundredths (211.05) feet to a
point in Murtland Avenue; then by land of William McKennan
Smith and Ulysses S. Grant-Smith, the following courses and
distance North 00° 18' 30" West, for a distance of five hundred
and thirteen and twenty-three one hundredths (513.23) feet to a
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point; thence North 78° 54' 30" East for a distance of two
hundred and eight and thirty two one hundredths (208.32) feet;
thence North 76° 37' 00" East for a distance of two hundred and
forty-one and six-tenths (841.60) feet to a point; thence South
00° 18' 30" East for a distance of five hundred and thirteen and
thirty-one one hundredths (513.31) feet to the place of
BEGINNING.
CONTAINING 5.1860 Acres.
BEING Tax Parcel Nos. 760-005-00-01-0002-00 and 600-005-00-
00-0002-00
BEING part of the same tract which A. M. Todd, assignee in
bankruptcy of James King, Sr., by deed dated March 17, 1876,
made and executed in pursuance of a decree of the United States
Court for the Western District of Pennsylvania, and recorded in
the office of the Recorder of Deeds for the County of Washington
in Deed Book E, Volume 5, Page 176, granted and conveyed unto
William R. Smith, his heirs and assigns in fee and being also
part of the same tract which James Farley and Jane Farley, his
wife, and William Farley, single, by deed dated May 1, 1889, and
recorded in the office of the Recorder of Deeds for the County
of Washington in Deed Book 150, Page 286, granted and conveyed
to W. W. Smith, also known as William W. Smith, his heirs and
assigns.
(c) Conditions.--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
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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) Settlement.--The Secretary of General Services may
impose any covenants, conditions or restrictions on the property
at settlement as determined to be in the best interests of the
Commonwealth.
(f) Proceeds.--The proceeds from the sale shall be deposited
in the General Fund.
Section 6. Conveyance in Township of Whitemarsh, Montgomery
County.
(a) Authorization.--The Department of General Services, with
the approval of the Pennsylvania Historical and Museum
Commission and the Governor, is hereby authorized on behalf of
the Commonwealth to grant and convey to Jose L. Ramos and Lisa
Ramos, husband and wife, certain lands and any improvements
thereon, for $230,000.00, the property being known locally as a
portion of The Highlands, situate in the Township of Whitemarsh,
Montgomery County.
(b) Property description.--The property to be conveyed under
subsection (a) consists of approximately 3.4202 acres, and any
improvements located thereon, situate in the Township of
Whitemarsh, County of Montgomery, more particularly described as
follows:
ALL THAT CERTAIN tract or piece of land, situate in the
Township of Whitemarsh, County of Montgomery, Commonwealth of
Pennsylvania, as shown on a Minor Subdivision/Lot Line
Adjustment Plan, prepared by Nave, Newell, Inc., dated October
10, 2017, being the proposed area to be conveyed from Lot 1 to
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Lot 2, bounded and described as follows:
BEGINNING at a point at the north western corner of lands now
or formerly of Andrew K. & Margarita Rooke, said point being a
found monument, from said beginning point runs; thence through
Existing Lot 1 being lands now or formerly of the Commonwealth
of Pennsylvania,
(1) North 25° 54'00" West a distance of 168.94 feet to a
monument to be set; thence, through the same,
(2) South 56° 58'27" West a distance of 87.78 feet to a
monument to be set: thence, through the same,
(3) North 29° 56'26" West a distance of 229.31 feet to a
monument to be set: thence, through the same,
(4) North 52° 40'37" East a distance of 10.40 feet to a
monument to be set: thence, through the same,
(5) North 30° 00'52" West a distance of 205.17 feet to a
monument to be set; thence, along the lands now or formerly of
Dennis Alter,
(6) North 59° 16'39" East a distance of 5.03 feet to a set
rebar: thence, along the same,
(7) North 60° 14'45" East a distance of 198.53 to a found
pipe: thence, along the Existing Lot 2 being lands now or
formerly of Jose L. and Lisa Ramos,
(8) South 42° 52'30" East a distance of 580.36 feet to a
monument: thence, along the same lands now or formerly of Andrew
K. and Margarita Rooke,
(9) South 52° 57'00" West a distance of 269.84 feet to a
point: said point being said place of BEGINNING.
CONTAINING in area 148,982 square feet (3.4202 acres) more or
less.
BEING a portion of Existing Lot 1, UPI #65-00-10609-00-9.
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(c) Conditions.--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) 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 the laws of this Commonwealth. The condition shall be a
covenant running with the land and shall be binding upon the
grantee and its successors. If the grantee or its successors
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) Deed.--The deed of conveyance shall be executed by the
Secretary of General Services in the name of the Commonwealth of
Pennsylvania.
(f) Costs and fees.--All costs and fees incidental to the
conveyance authorized under this act shall be borne by the
grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited
in the Historical Preservation Fund, under 37 Pa.C.S. § 104(h)
(relating to Pennsylvania Historical and Museum Commission).
(h) Expiration.--If the conveyance authorized under this
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section is not effectuated within one year of the effective date
of this subsection, the authority provided under this section
shall expire.
Section 2 7. Effective date.
This act shall take effect immediately.
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