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A03434
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1518
Session of
2023
INTRODUCED BY KENYATTA, BELLMON, MADDEN, SANCHEZ, KINSEY AND
KRAJEWSKI, JUNE 26, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 26, 2023
AN ACT
Authorizing the Pennsylvania Historical and Museum Commission,
with the approval of the Governor, to grant and convey
certain lands and improvements situate in the 47th Ward of
the City of Philadelphia, Philadelphia County, to New Freedom
Theatre, Inc.; authorizing the release of Project 70
restrictions on certain land owned by the Pennsylvania Fish
and Boat Commission in Overfield Township, Wyoming County;
authorizing the Department of Conservation and Natural
Resources, with the approval of the Governor, to grant and
convey to the City of Philadelphia a right-of-way easement
situate in the City of Philadelphia, Philadelphia County, in
exchange for improvements to Benjamin Rush State Park and
monetary consideration to the Commonwealth to be used toward
the acquisition and conveyance of a tract of land to be added
to French Creek State Park; authorizing the transfer of
administrative jurisdiction of portions of State park lands
in exchange for certain lands situate in New Vernon Township,
Mercer County, from the Department of Conservation and
Natural Resources to the Department of Transportation for
anticipated highway improvement projects; authorizing the
Department of General Services, with the approval of the
Department of Agriculture and the Governor, to grant and
convey to Joshua R. Snyder a certain tract of land located in
Windsor Township, Berks County; authorizing the Department of
General Services, with the approval of the Governor, to grant
and convey certain lands and improvements situate in
Haverford Township, Delaware County, to Carelink Community
Support Services of PA, Inc.; and authorizing the Department
of General Services, with the approval of the Pennsylvania
Historical and Museum Commission, the Department of
Conservation and Natural Resources and the Governor, to grant
and convey to The Roland Curtin Foundation for the
Preservation of Eagle Furnace, certain lands, buildings and
improvements, situate in Boggs Township, Centre County, and
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further authorizing the Pennsylvania Historical and Museum
Commission to transfer to The Roland Curtin Foundation for
the Preservation of Eagle Furnace its buildings located on
adjacent property leased from the United States Department of
the Army.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in City of Philadelphia, Philadelphia
County.
(a) Authorization.--The Pennsylvania Historical and Museum
Commission, with the approval of the Governor, is authorized on
behalf of the Commonwealth of Pennsylvania to grant and convey
the following tract of land together with any improvements
thereon, situate in the 47th Ward of the City of Philadelphia,
Philadelphia County, to New Freedom Theatre, Inc., for $1, under
terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under
subsection (a) consists of the following:
ALL that certain unit in the property known, named and
identified in the Declaration referred to below as "Freedom
Theatre Condominium," located in the 29th Ward of the City and
County of Philadelphia, Commonwealth of Pennsylvania, which has
heretofore been submitted to the provisions of the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S. Section 3101, et seq., by
the recording in the Philadelphia Department of Records of a
Declaration dated July 10, 1992, recorded on July 13, 1992 in
Deed Book VCS 111, Page 353, being and designated in such
Declaration as Unit 1, as more fully described in said
Declaration, together with a proportionate undivided interest in
the Common Elements (as defined in the Declaration) of 30%.
BEING the same premises conveyed by New Freedom Theatre, Inc.
to the Pennsylvania Historical and Museum Commission by deed
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dated July 10, 1992, and recorded at the Department of Records
of the City and County of Philadelphia at Deed Book VCS 123 Page
132, Document Number 45614463.
ALSO BEING Philadelphia County OPA Account Number 772726001.
(c) Conditions.--The conveyance under this section 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) Restriction.--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 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 of conveyance.--The conveyance shall be made by
special warranty deed to be executed by the Executive Director
of the Pennsylvania Historical and Museum Commission in the name
of the Commonwealth of Pennsylvania.
(f) Proceeds.--The proceeds from the conveyance under this
section shall be deposited into the General Fund.
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(g) Alternate disposition.--In the event that the conveyance
authorized under this section is not completed within two years
of the effective date of this subsection, the authority to
convey the property as specified in subsection (a) 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.
Section 2. Release of restrictions in Overfield Township,
Wyoming County.
(a) Authorization.--Pursuant to the requirements of section
20(b) of the act of June 22, 1964 (Sp.Sess.1, P.L.131, No.8),
known as the Project 70 Land Acquisition and Borrowing Act, the
General Assembly authorizes the release of Project 70
restrictions on land owned by the Pennsylvania Fish and Boat
Commission in Overfield Township, Wyoming County, which is more
particularly described in subsection (b).
(b) Land to be released from Project 70 restrictions.--The
two parcels of land to be released from Project 70 restrictions
are located in Overfield Township, Wyoming County, and more
particularly are described as follows:
FIRST PARCEL
COMMENCING at a point located along the easterly right-of-way
line of Lake Road (S.R.2031) at a common corner of lands now or
formerly of TCO, Inc. as described in Deed Book 338 at Page 633,
said point also being the southwesterly corner of lands conveyed
to Sterling Reality, LLC, as described in Instrument 2021-3766;
THENCE along the easterly right-of-way line of Lake Road, North
12°31'02" East a distance of 49.47 feet to a point, the POINT OF
BEGINNING;
THENCE along the easterly right-of-way line of Lake Road, North
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11°27'57" East a distance of 34.63 feet to a point;
THENCE along now or formerly of the Commonwealth of Pennsylvania
for use of the Pennsylvania Fish Commission as described in Deed
Book 170 at Page 320, South 61°44'57" East a distance of 76.26
feet to an iron pin at a common corner;
THENCE along lands now or formerly of Sterling Reality, LLC.
North 88°19'45" West a distance of 74.09 feet to a point along
the easterly right-of-way line of Lake Road, the POINT OF
BEGINNING.
CONTAINING an area of 1,264 S.F. or 0.029 acres of land, more or
less.
SECOND PARCEL
COMMENCING at a point located along the easterly right-of-way
line of Lake Road (S.R.2031) at a common corner of lands now or
formerly of TCO, Inc. as described in Deed Book 338 at Page 633,
said point also being the southwesterly corner of lands conveyed
to Sterling Reality, LLC. as described in Instrument: 2021-3766;
THENCE along the easterly right-of-way line of Lake Road, North
12°31'02" East a distance of 49.47 feet to a point;
THENCE along the same, North 11°27'57" East a distance of 34.63
feet to a point;
THENCE North 61°44'57" West a distance of 20.55 feet to a
railroad spike found at the centerline of Lake Road (SR 2031),
the POINT OF BEGINNING;
THENCE along the centerline of Lake Road, North 11°06'25" East a
distance of 57.36 feet to a railroad spike found;
THENCE South 47°22'38" East a distance of 102.10 feet to a
point;
THENCE South 01°33'55" West a distance of 32.98 feet to an iron
pin found at the northeasterly corner of lands now or formerly
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of Sterling Reality, LLC.;
THENCE North 61°44'57" West a distance of 96.81 feet to a point;
the POINT OF BEGINNING.
CONTAINING an area of 3,923 S.F. or 0.090 acres of land, more or
less.
(c) Deposit of proceeds.--All proceeds from the sale of the
property described in subsection (b) shall be deposited into a
restricted revenue account within the Fish Fund and used for the
acquisition of lands meeting the standards for acquisition
described in section 18(b) of the Project 70 Land Acquisition
and Borrowing Act.
Section 3. Conveyance in the City of Philadelphia.
(a) Authorization.--The Department of Conservation and
Natural Resources, with the approval of the Governor, is
authorized on behalf of the Commonwealth of Pennsylvania to
grant and convey to the City of Philadelphia a right-of-way
easement situate in the City of Philadelphia, Philadelphia
County, in exchange for improvements to Benjamin Rush State Park
and monetary consideration to the Commonwealth to be used toward
the acquisition of a tract of land to be added to French Creek
State Park in accordance with subsection (c).
(b) Property description.--The property interest to be
conveyed in accordance with subsection (a) consists of a right-
of-way easement totaling approximately 0.32869 acres and
improvements thereon, bounded and more particularly described as
follows:
ALL THAT CERTAIN piece of ground, situate in the 66th Ward of
the City of Philadelphia and described in accordance with a
survey plan by Pennoni Associates Inc., entitled "Proposed Right
of Way Plan", drawing number V-0601, project number BRRTX20015,
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dated 05/16/2022, and being more particularly described as
follows:
BEGINNING at a point on the Northeasterly side of
Southampton-Byberry Road (70 feet wide, Legally Open, On City
Plan number 385), said point being measured North 02 degrees 15
minutes 31 seconds West, the distance of 934.38 feet from a
point of curve, said curve having a radius of 25.000 feet and an
arc distance of 38.495 feet, which connects the Northeasterly
side of Southampton-Byberry Road and with the Northwesterly side
of McNulty Road (70 feet wide, Legally Open, On City Plan number
385); thence extending from said beginning point, along the
Northeasterly side of Southampton-Byberry Road, North 02 degrees
15 minutes 31 seconds 150.000 feet to a point; thence along a
curve to the left, radius 734.407 feet, an arc distance of
464.950 feet, a chord bearing of North 20 degrees 26 minutes 36
seconds West, and a chord distance of 457.223 feet to a point;
thence along a curve to the right, radius of 25.029 feet, an arc
distance of 37.900 feet, a chord bearing of North 04 degrees 47
minutes 40 seconds East, and a chord distance of 34.378 feet to
a point; thence South 48 degrees 05 minutes 49 seconds West, a
distance of 25.047 feet, to a point; thence along a curve to the
left, radius of 25.554, an arc distance of 39.060 feet, a chord
bearing of South 03 degrees 10 minutes 36 seconds West, and a
chord distance of 35.370 feet to a point; thence along a curve
to the right, radius 760.000 feet, an arc distance of 480.840
feet, a chord bearing of South 20 degrees 26 minutes 23 seconds
East, and a chord distance of 472.857 feet to a point; thence
South 07 degrees 12 minutes, 20 seconds West, 152.095 feet to
the first mentioned point of beginning.
Easement contains 14,318 square feet or 0.32869 acres.
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Being a portion of the lands, now and formerly of the
Commonwealth of Pennsylvania, OPA number 88-4291485, and listed
as Map number 150-N-08.
(c) Authorization to receive property.--The Department of
Conservation and Natural Resources, with the approval of the
Governor, is authorized on behalf of the Commonwealth of
Pennsylvania to receive that certain tract of land situate in
Union Township, Berks County, in exchange for that property
interest to be conveyed to the City of Philadelphia in
accordance with subsection (a).
(d) Monetary consideration and improvements.--The City of
Philadelphia, through funding and assistance provided by
Brandywine Byberry, LP, its successors or assigns, shall
contribute $203,500 toward the acquisition and conveyance of
property to the Commonwealth, acting by and through the
Department of Conservation and Natural Resources. The property
to be conveyed in accordance with subsection (c) consists of
approximately 12.016 acres and improvements thereon described as
follows:
ALL THAT CERTAIN parcel of land SITUATE in Union Township,
Berks County, Pennsylvania, being shown on Boundary Plan
prepared for Natural Lands Trust, Inc., dated April 7, 2022 by
Regester Associates, Inc., Kennett Square, Pennsylvania, and
being more fully described as follows:
BEGINNING at the southerly corner in common of lands now or
late of Daniel A. and Karen L. Stauffer (a/k/a Tax Parcel no.
88-5343-00-43-1337) and lands now or late of the Commonwealth of
Pennsylvania Parks Department (a/k/a Tax Parcel no. 88-5352-00-
57-9606) in the bed of Geigertown Road; thence from the point of
beginning, along said lands of the Commonwealth of Pennsylvania
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Parks Department, the following three (3) courses and distances:
(1) leaving the bed of said road, passing over a rebar (found)
at a distance of 18.41 feet, North 70 degrees 00 minutes 21
seconds West 594.00 feet to a rebar (found); (2) North 33
degrees 44 minutes 39 seconds East 404.26 feet to a capped rebar
(found); (3) also along lands now or late of Thomas M. and
Christine L. Gatz, North 65 degrees 30 minutes 21 seconds West
1,124.15 feet to a point on line of the aforesaid lands of the
Commonwealth of Pennsylvania Parks Department; thence along said
lands of the Commonwealth of Pennsylvania Parks Department,
North 07 degrees 10 minutes 46 seconds East 182.02 feet to a
capped rebar (set), a corner of lands now or late of William J.,
Jr. and Felicia A. O'Neil; thence along said lands of O'Neil and
along the aforesaid lands of the Commonwealth of Pennsylvania
Parks Department, South 65 degrees 30 minutes 21 seconds East
1,783.87 feet to a capped rebar (set); thence continuing along
said lands of the Commonwealth of Pennsylvania Parks Department,
the following two (2) courses and distances: (1) South 30
degrees 59 minutes 39 seconds West 174.90 feet to a capped rebar
(found); (2) passing over a rebar (found) 112.22 feet from the
southwesterly terminus of this course, South 33 degrees 55
minutes 46 seconds West 357.22 feet to the point of beginning;
and ENCOMPASSING 12.016 acres of land, be the same, more or
less.
(e) Easements and encumbrances.--The conveyances described
in this section shall be made concurrently and 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
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and enforceable estates or tenancies vested in third persons
appearing of record, for any portion of the land or improvements
erected thereon.
(f) Deed.--The deed to the Commonwealth, for the conveyance
of the property as described in subsection (d), shall be by
special warranty deed.
(g) Costs and fees.--All costs and fees incidental to the
conveyances contained in this section shall be borne by their
respective parties.
Section 4. Transfer of administrative jurisdiction.
(a) Authorization.--The Department of Conservation and
Natural Resources, with the approval of the Governor, is
authorized on behalf of the Commonwealth of Pennsylvania to
transfer administrative jurisdiction of portions of State park
lands described under subsection (c), free of restrictions
imposed by section 20 of the act of June 22, 1964 (Sp.Sess. 1,
P.L.131, No.8), known as the Project 70 Land Acquisition and
Borrowing Act, to the Department of Transportation, situate in
various State parks, in exchange for certain property to be
conveyed to the Department of Conservation and Natural
Resources, which shall be subject to the restrictions specified
in the Project 70 Land Acquisition and Borrowing Act.
(b) Highway improvement project replacement land.--The land
acquired by the Department of Transportation and described under
subsection (d) shall be conveyed to the Department of
Conservation and Natural Resources for purposes of replacing
State park lands needed for highway improvement projects.
(c) Transfer of administrative jurisdiction.--
(1) The transfer of administrative jurisdiction of State
park lands from the Department of Conservation and Natural
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Resources to the Department of Transportation, in accordance
with subsection (a), shall consist of portions of State park
land, with most ranging from approximately 0.03 acres to 1.5
acres per a Department of Transportation highway improvement
project. The exact acreage to be transferred for each highway
improvement project will be determined upon the completion of
the Department of Transportation's schematic design for each
transportation project, which are limited to the pre-
identified projects in paragraph (2). The schematic design
for each highway improvement project, which have not been
completed at this time, is required to determine the
project's impact to the State park land.
(2) Pre-identified highway improvement projects:
State Park
Project
Description Project Narrative County
Bald Eagle
State Park
Bridge
improvements
SR 0026 over Bald Eagle
Creek, Howard Township
Centre
Bucktail
State Park
Bridge
improvements
SR 0120 over Dry Run,
Noyes Township
Clinton
Clear Creek
State Park
Resurfacing SR 2001 (Greenwood Road)
from SR 0089 to Coon
Road, Barnett Township
Forest
Codorus State
Park
Bridge
Replacement
SR 3070 (Black Rock
Road) over Tributary of
West Branch of Codorus
Creek, West Manheim
Township
York
Cook Forest
State Park
Resurfacing SR 0899 from Jefferson
County line to Bear Run
Road, Barnett Township
Forest
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Kettle Creek
State Park
Maintenance BOX
culvert
SR 4001 over Summerson
Run, Leidy Township
Clinton
Laurel Hills
State Park
Bridge
improvements
Over Laurel Hill Creek,
Jefferson Township
Somerset
Lehigh Gorge
State Park
Bridge
replacement
I-80 over SR 1005,
Lehigh River and Reading
Blue Mountain and
Northern Railroad
Carbon
Oil Creek
State Park
Bridge
preservation
SR 0008 (William Flinn
Highway), Rynd Farm
Bridge over Oil Creek,
Cornplanter Township
Venango
Oil Creek
State Park
Bridge
preservation,
rehabilitation
or replacement
SR 1004 (Petroleum
Center Road), Bridge
over Oil Creek,
Cornplanter Township
Venango
Promised Land
State Park
Bridge
replacement
SR 0390 (Promised Land
Road) over Outlet to
Promised Land Lake,
Greene Township
Pike
Pymatuning
State Park
Bridge
preservation or
rehabilitation
SR 3011 (Hartstown
Road), Bridge over
Pymatuning Reservoir,
Pine Township
Crawford
Tyler State
Park
Bridge
Replacement
Swamp Road at Pennswood
Road over Branch of
Neshaminy Creek
Bucks
(d) Deed of conveyance.--The replacement land to be conveyed
in accordance with subsection (b) consists of approximately
19.51 acres and improvements thereon as follows:
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ALL THAT CERTAIN tract of land situated in the Township of
New Vernon, County of Mercer, Commonwealth of Pennsylvania.
BEGINNING at a point in the center of Township Road No. 308
at the west line of land of Palermino Lachiatto; hence South 0°
55' 13" East along the west line of the land of Lachiatto a
distance of 540.0 feet to a point; thence North 72° 11' 27" west
along the land of Merle and Fran Elder a distance of 610.10 feet
to a point; thence continuing along the land of Elder or along
the property of the other abutting owner North 0° 43' 39" West a
distance of 365.39 feet to a point in the center line of said
Township Road no. 308; thence along the center line of said road
South 55° 36' 50" East 1115.31 feet to a point and south 53° 22'
57" East a distance of 295.54 feet to the place of beginning.
Containing 19.51 acres.; and BEING Uniform Parcel Identifier no.
19-062-032.
(e) Easements and encumbrances.--The conveyances described
in this section shall be 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.
(f) Restrictions.--The replacement land referenced in
subsection (d) will be under and subject to the following
restriction: "This indenture is given to provide land for
recreation, conservation and historical purposes, as said
purposes are defined in the 'Project 70 Land Acquisition and
Borrowing Act,' approved June 22, 1964, P.L.131."
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(g) Deeds of conveyance.--The deed for the conveyance of the
replacement land referenced in subsection (d) shall be by quit
claim deed.
(h) Costs and fees.--All costs and fees incidental to the
conveyances contained in this section shall be borne by their
respective parties.
Section 5. Conveyance in Windsor Township, Berks County.
(a) Authorization for conveyance of parcel.--The Department
of General Services, with the approval of the Department of
Agriculture and the Governor, is authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey to Joshua R.
Snyder a certain tract of land situate in Windsor Township,
Berks County, part of Hamburg State Farm. The purchase price
shall be $63,000. Any such conveyance shall be made under terms
and conditions to be established in an agreement of sale.
(b) Property description.--The lands to be conveyed under
subsection (a) consist of approximately 5.23 acres and
improvements thereon, bounded and described as follows:
ALL THAT CERTAIN piece, parcel or tract of land with
improvements thereon located in Windsor Township, Berks County,
bounded and described as follows, to wit:
BEGINNING at a point in the centerline of a township road
(Mountain Road T-816) on the line N/F of Candance M. Brown and
at a corner N/F of Byron A. & Kay L. Fritz; thence along the
property N/F of Candance M. Brown through an iron pin set on the
twenty-five foot dedicated right-of-way N07°16'38''E a distance
of 33.59'. Thence along the line N/F of Candance M. Brown,
N07°16'38''E a distance of 881.33' to a concrete monument on the
line N/F of Brown and marking the corner N/F of Ralph W. &
Patricia A. Sensenig. Thence along the line N/F of Sensenig,
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N85°41'47''E for a distance of 261.68' to a concrete monument
marking the corner of said Sensenig and other lands of N/F of
Ralph W. & Patricia A. Sensenig also being the north west corner
N/F of John V. Heffner. Thence along the line N/F of said
Heffner, S7°38'00''W a distance 420.91' to an iron pin at the
southwest corner N/F of said Heffner and the northwest corner
N/F of John Marko, JR. Thence along lands N/F of John Marko, JR
and also another tract of land N/F of John Marko, JR
S10°58'33''E for a distance 382.27' to a magnail in the
centerline of the road marking the corner of Proposed Lot 6 and
Residual Lot 1 being lands N/F of Comm. Of PA, Dept. of Property
Supplies. Also being a corner with lands N/F of John Marko, Jr
and lands N/F of Joesph & Bonnie L. Mastromatto. Thence through
the centerline of Mountain Road and along Residual Lot 1 a curve
to the left, having a radius of 383.50' an arc length of 129.07'
having a chord bearing S73°59'02''W a chord distance of 128.46'
to a point. Thence along the same, S64°20'31''W a distance of
100.36' to a concrete monument and marking the corner N/F of
Byron A. & Kay L. Fritz. Thence along the line N/F of said
Fritz, S60°43'39''W a distance of 201.10', the point of
BEGINNING.
CONTAINING an area of 227,789.63 S.F. or 5.23-acres, more or
less. Being a portion of UPI 46449514431213.
(c) Existing encumbrances.--The conveyance authorized by
this section shall be made under and subject to existing
encroachments, 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
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vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Condition.--The conveyance authorized by 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 the
term is 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, his heirs and assigns. Should
the grantee, his heirs 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) Easements.--The Secretary of General Services may grant
any easements to benefit, or retain any easements from, the
property to be conveyed pursuant to this section as the
Secretary of General Services deems necessary or appropriate.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Time for conveyance and alternate disposition.--In the
event the conveyance authorized by this section is not executed
within two years after the effective date of this subsection,
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.
(h) Proceeds.--The proceeds from the conveyance authorized
in this section shall be deposited into the Department of
Agriculture's Agricultural Farm Operations Restricted Account.
Section 6. Conveyance in Haverford Township, Delaware County.
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(a) Authorization.--The Department of General Services, with
the approval of the Governor, is authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey the tract of
land described under subsection (b) together with any
improvements thereon, being a portion of the lands of the former
Haverford State Hospital, situate in Haverford Township,
Delaware County, to Carelink Community Support Services of PA,
Inc., for $300,000, under terms and conditions to be established
in an agreement of sale.
(b) Property description.--The property to be conveyed
pursuant to subsection (a) consists of the following:
ALL THAT CERTAIN piece, parcel, or tract of land situated in
Haverford Township, Delaware County, Pennsylvania, being Parcel
- 2 as shown on a plan titled "Haverford Hospital Property"
prepared by Precision Land Surveyors, dated July 12, 1998, and
being further described as follows, to wit:
BEGINNING at a point in the bed of Haverford and Darby Road,
a corner in common with Parcel - 1 of the Haverford Hospital
Property plan; thence leaving the road and continuing along
Parcel - 1 the following two courses and distances: 1.) South 34
degrees 5 minutes 28 seconds West a distance of 318.67 feet to
an iron rod and 2.) South 79 degrees 29 minutes 35 seconds West
a distance of 790.88 feet to an iron rod, a corner in common
with Parcel - 1 of the Haverford Hospital Property plan and
lands now or formerly of Allgates West Development; thence along
lands now or formerly of Allgates West Development the following
three courses and distances: 1.) North 51 degrees 56 minutes 10
seconds West a distance of 165.76 feet to a stone monument; 2.)
North 3 degrees 23 minutes 36 seconds East a distance of 284.94
feet to a stone monument and 3.) North 38 degrees 38 minutes 53
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seconds East a distance of 370.43 feet to a point, a corner in
the bed of Haverford and Darby Road; thence continuing in the
bed of Haverford and Darby Road the following four courses and
distances:
1.) South 67 degrees 44 minutes 32 seconds East a distance of
88.36 feet to a point; 2.) South 62 degrees 46 minutes 20
seconds East a distance of 201.01 feet to a point; 3.) South 77
degrees 35 minutes 38 seconds East a distance of 217.42 feet to
a point and 4.) South 75 degrees 20 minutes 21 seconds East a
distance of 377.98 feet to a point, the place of beginning.
CONTAINING 10.43 acres, more or less, as shown on said plan.
Tax ID / Parcel No. 22-04-00185-00. Known as 3520 Darby Road,
Haverford, Pennsylvania, 19041.
BEING a portion of the same premises condemned by The General
State Authority, predecessor to the Department of General
Services, in 1956 from Eckley B. Coxe & Mary Owens Coxe, in
accordance with the Act of March 31, 1949, P.L. 372, Section 12,
which taking is evidenced by the Petition for Appointment of
Viewers recorded at the Office of the Recorder of Deeds of
Delaware County at Deed Book 1807 Page 34.
ALSO BEING a portion of the same premises conveyed by Elmer
H. Hutchinson and Sally M. Hutchinson, his wife, to The General
State Authority by deed dated March 2, 1956, and recorded at the
Office of the Recorder of Deeds of Delaware County at Deed Book
1763 Page 564.
TOGETHER WITH a 20-foot-wide sanitary sewer easement as
described in a Deed from the Commonwealth of Pennsylvania to the
Township of Haverford, dated December 17, 2002 and recorded at
Delaware County Deed Book 2631, Page 947 (Instrument
#2002138609).
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(c) Existing encumbrances.--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) Restrictions.--
(1) 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 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.
(2) Any conveyance authorized under this section shall
be made under and subject to the condition that Carelink
Community Support Services of PA, Inc., its successors and
assigns, shall utilize the property solely for residential
services, including behavioral health, rehabilitation and
life skills training, for persons with disabilities, and for
no other purpose. Should Carelink Community Support Services
of PA, Inc., or its successors or assigns, utilize the
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property for any other purpose, Carelink Community Support
Services of PA, Inc., or its successor or assigns, shall pay
$300,000 to the Commonwealth of Pennsylvania, acting by and
through the Department of General Services, within 90 days
after the change in use. Should Carelink Community Support
Services of PA, Inc., its successor or assigns, fail to pay
such sum within such time frame, the property shall, at the
Department of General Service's election, revert and revest
in the Commonwealth of Pennsylvania. This provision is
intended to create a fee simple subject to a condition
subsequent. This condition shall terminate on the 15th
anniversary of the date of the deed and thereafter be of no
further force or effect.
(e) Deed of conveyance.--The conveyance shall be made by
special warranty deed to be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by Carelink Community Support Services
of PA, Inc.
(g) Alternate disposition.--If the conveyance authorized
herein is not completed within two years after the effective
date of this subsection, the authority to convey the property as
specified in subsection (a) shall expire, and the property may
be disposed of by a competitive bidding process 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, except that
no property disposition plan shall be required.
Section 7. Authorization for real property conveyance.
(a) Authorization.--The Department of General Services, with
the approval of the Pennsylvania Historical and Museum
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Commission, the Department of Conservation and Natural Resources
and the Governor, is hereby authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey to The Roland
Curtin Foundation for the Preservation of Eagle Furnace, the
following tract of land together with any buildings, structures
and improvements thereon, being a portion of the historic Curtin
Village, situate in Boggs Township, Centre County, for $1.
(b) Property description.--The property to be conveyed under
subsection (a) consists of a tract of land totaling
approximately 10.28 acres, including all buildings, structures
and improvements located thereon, more particularly described as
follows:
ALL THAT CERTAIN piece or parcel of land situate in Boggs
Township, Centre County, and Commonwealth of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the centerline of Curtin Village Road
(SR 1003), said point being the southwestern point of the lot
herein described. Thence along the centerline of Curtin Village
Road (SR 1003) the following four courses:
1. N 26° 21' 16" W a distance of 36.08 feet to a point;
2. N 54° 02' 16" W a distance of 141.11 feet to a point;
3. N 38°15'13" W a distance of 149.16 feet to a point;
4. N 34°22'09" W a distance of 221.94 feet to a point;
Thence along lands of the United States Government the
following 5 courses:
1. N 55°49'09" E, passing over a concrete monument at 16.5
feet for, a total distance of 432.48 feet to a concrete
monument;
2. S 39°39'15" E a distance of 420.02 feet to a concrete
monument;
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3. N 77°00'34" E a distance of 161.98 feet to a concrete
monument;
4. S 57°03'26" E a distance of 379.13 feet to a concrete
monument;
5. S 70°09'30" E a distance of 515.53 feet to a concrete
monument;
Thence along the SEDA COG Joint Authority the following 3
courses:
1. N 88°46'08" W a distance of 445.00 feet to a rebar;
2. S 01° 13' 52" W a distance of 17.00 feet to a rebar;
3. N 88°46'08" W a distance of 793.79 feet to a point on the
centerline of Curtin Village Road (SR 1003), said point being
the point of beginning.
All as shown on a drawing by Kerry A. Uhler & Associates,
Inc. titled "PA Historical Museum Commission Curtin Village
Survey", dated 07/20/22.
CONTAINING 10.28-acres of land, more or less.
BEING the same tract or tracts of land acquired by the
Commonwealth of Pennsylvania pursuant to a Declaration of Taking
(402) filed in the Office of the Prothonotary of the Court of
Common Pleas of Centre County at No. 1 January Term 1971 and
recorded in the Office of the Recorder of Deeds of Centre County
at Miscellaneous Book 112 Page 254.
BEING Tax ID No. 07-009-010D
(c) Existing encumbrances.--The conveyance authorized by
subsection (a) 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
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enforceable estates or tenancies vested in third persons
appearing of record, for any portion of the land or improvements
erected thereon.
(d) Conditions.--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 the land and shall be
binding upon the grantee and 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) Transfer of buildings.--The Pennsylvania Historical and
Museum Commission is authorized to transfer to The Roland Curtin
Foundation for the Preservation of Eagle Furnace its buildings
located on adjacent property leased from the United States
Department of the Army.
(f) Historic preservation covenants.--The conveyance and
transfer authorized by this section shall be made under and
subject to historic preservation covenants, which covenants
shall be determined by the Pennsylvania Historic and Museum
Commission and may include a reversionary interest.
(g) Deed of conveyance.--The conveyance authorized by
subsection (a) shall be made by special warranty deed to be
executed by the Secretary of General Services in the name of the
Commonwealth of Pennsylvania. The transfer authorized by
subsection (e) shall be by bill of sale or other appropriate
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transfer document, to be executed by the Executive Director of
the Pennsylvania Historical and Museum Commission.
(h) Costs and fees.--Costs and fees incidental to the
conveyance and transfer authorized by this section shall be
borne by the grantee. The conveyance under this section shall be
exempt from the realty transfer tax established under Article
XI-C of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971.
(i) Expiration.--If the conveyance and transfer are not
effectuated within 18 months after the effective date of this
section, the authority provided under this section shall expire.
Section 2 8. Effective date.
This act shall take effect immediately.
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