Pennsylvania Act 1986-163 — CONVEYANCE - COMMONWEALTH PROPERTY IN ALLEGHENY, CHESTER, TIOGA, CRAWFORD AND CENTRE COUNTIES

Act text

AN ACT

Authorizing and directing the Department of General Services, with the approval of the Governor, to convey to Emsworth Borough 7.5 acres of land, more or less, situate in Kilbuck Township, Allegheny County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Agriculture, to convey to the County of Chester 230.693 acres of land, more or less, situate in Newlin and West Bradford Townships, Chester County, Pennsylvania; authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to convey to North Penn Comprehensive Health Services 8.7 acres of land, more or less, situate in the Borough of Blossburg, Tioga County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Environmental Resources, to convey to Gilbert Collussy, Lena M. Collussy, James T. Dresher and Virginia M. Dresher, a tract of land situate in North Shenango Township, Crawford County, Pennsylvania, in exchange for a tract of land in the same township, and for other consideration; authorizing and directing the Department of General Services, with the approval of the Governor and the Departments of Environmental Resources and Transportation, to convey to the Mid-State Regional Airport Authority a tract of land situate in Rush Township, Centre County, Pennsylvania; and authorizing the Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, to sell and convey to West Bradford Township a tract of land situate in West Bradford Township, Chester County. (Title amended Dec. 9, 2002, P.L.1514, No.194)

Compiler's Note. The Department of Public Welfare was redesignated as the Department of Human Services by Act 132 of 2014.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. (a) 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, to Emsworth Borough for consideration of one-half of the fair market value as determined by an independent appraisal and as approved by the Department of General Services, the following tract of land situate in Kilbuck Township, Allegheny County, Pennsylvania, bounded and described as follows:

Beginning at a point located at the intersection of the boundary line of Emsworth Borough and Kilbuck Township with the southern right-of-way line of Huntington Avenue (Legislative Route No.02334); thence south 13 degrees 45 minutes west for a distance of 257 feet, more or less, to a point on the boundary line of Emsworth Borough and Kilbuck Township; thence south 27 degrees 15 minutes west for a distance of 259.38 feet to a point on the boundary line of Emsworth Borough and Kilbuck Township; thence south 04 degrees 15 minutes west for a distance of 85 feet, more or less, to a point at the intersection of the boundary line of Emsworth Borough and Kilbuck Township and the northern right-of-way line of Ohio River Boulevard (Legislative Route No.652); thence in a northwesterly direction along the northern right-of-way of Ohio River Boulevard for a distance of 160 feet, more or less, to a point having an arc circle radius of 11,519.19 feet for a distance of 620 feet to a point; thence north 13 degrees 04 minutes east for a distance of 255 feet, more or less, to a point; thence south 76 degrees 56 minutes east for a distance of 313 feet, more or less, to a point; thence north 69 degrees 58 minutes east for a distance of 256 feet, more or less, to a point; thence north 13 degrees 04 minutes east for a distance of 100 feet to a point on the southern right-of-way line of Huntington Avenue (Legislative Route No.02334); thence in a southeasterly direction on the southern right-of-way line of Huntington Avenue (Legislative Route No.02334) along an arc curving to the left having a radius of 1,094.03 feet for a distance of 296.55 feet, more or less, to a point and place of beginning.

Containing 7.5 acres, more or less.

(b) The property is described in drawing number B-1583, prepared for the Borough of Emsworth on January 14, 1986, by the Senate Engineering Company.

(c) The conveyance shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.

(d) The deed of conveyance shall contain a clause that the lands conveyed shall be used for recreational purposes by Emsworth Borough and, if at any time the borough or its successor in function conveys the property or permits the property to be used for any purpose other than those specified in this section, the title to the property shall immediately revert to and revest in the Commonwealth of Pennsylvania.

(e) The proceeds of this sale shall be paid into the State Treasury and deposited in the Capital Facilities Redemption Fund.

(f) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(g) Costs and fees incidental to the conveyance shall be borne by the grantee.

Section 2. (a) The Department of General Services, with the approval of the Governor and the Department of Agriculture, is hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey, for a consideration of one-half of the fair market value as determined by an appraisal, conducted by the Department of General Services, to the County of Chester the following tract of land situate in West Bradford Township and Newlin Township, Chester County, Pennsylvania, bounded and described as follows:

All that certain tract of land situated on the north and south sides of Embreeville Road (Pa.162) in Newlin and West Bradford Townships, County of Chester and Commonwealth of Pennsylvania, as the same appears on a survey performed by N. M. Lake and Associates, Inc., Civil Engineers and Land Surveyors, Oxford, Pennsylvania, and bounded and described as follows to witness:

Beginning at a point in the center line of Embreeville Road (Pa.162) and being 364.94 feet east of the center line intersection of Embreeville Road (Pa.162) and Groundhog College Road and also the northwest corner of lands of Robert E. Heyburn, Jr.; thence (1) along lands of Heyburn south 15 degrees 42 minutes 56 seconds east 2,534.81 feet to a 3/4 inch iron pipe set in line of lands of Charles T. Keller, having passed over a concrete monument found 30.90 feet south of the center line of Embreeville Road (Pa.162) and also having crossed over Groundhog College Road; thence (2) along lands of Keller and lands of James S. and Harriet Jane Kries north 64 degrees 03 minutes 35 seconds west 1,474.63 feet to a concrete monument found at the northwest corner of lands of Kries; thence (3) along lands of Kries and Michael S. and Joan Maritsch south 41 degrees 57 minutes 30 seconds west 584.43 feet to an old, rusty 1/2 inch iron pipe found at a corner of lands of Maritsch; thence (4) continuing along lands of Maritsch south 60 degrees 55 minutes 39 seconds west 1,336.72 feet to a point in the center line of Glen Hall Road, having passed over a concrete monument found 18.72 feet east of the center line of Glen Hall Road; thence (5) along in Glen Hall Road north 36 degrees 04 minutes 01 second west 280.00 feet to a point in the center line of Glen Hall Road at the northeast corner of lands of Buck and Doe Run Valley Farms Co.; thence (6) along lands of Buck and Doe Run Valley Farms Co. north 88 degrees 04 minutes 01 second west 214.50 feet to a point in the West Branch of the Brandywine Creek; thence along in the West Branch of the Brandywine Creek and along lands of Buck and Doe Run Valley Farms Co. the following four courses and distances (7) north 25 degrees 40 minutes 23 seconds west 275.55 feet to a point; thence (8) north 59 degrees 22 minutes 44 seconds west 126.72 feet to a point; thence (9) south 77 degrees 15 minutes 46 seconds west 389.41 feet to a point; thence (10) south 68 degrees 00 minutes 46 seconds west 201.30 feet to a point; thence (11) continuing along lands of Buck and Doe Run Valley Farms Co. south 42 degrees 44 minutes 25 seconds east 126.59 feet to a point on the northerly line of the Reading Railroad, having passed over a 4-inch iron pipe found 4.49 feet north of said line; thence along the northerly line of the Reading Railroad the following two courses and distances (12) along the arc of a 630.00 foot curve to the left 145.73 feet to the point of compound curvature and having a chord distance of 145.41 feet and bearing south 74 degrees 55 minutes 12 seconds west; thence (13) along the arc of a 7,130.00 foot radius curve to the left 515.17 feet to a point 7.08 feet north of a concrete monument found within the lands of the Reading Railroad, said point being a corner of lands of the Commonwealth of Pennsylvania and said curve having a chord distance of 515.06 feet and bearing south 65 degrees 26 minutes 45 seconds west; thence along lands of the Commonwealth of Pennsylvania the following six courses and distances (14) north 09 degrees 21 minutes 10 seconds east 45.72 feet to a point in the West Branch of the Brandywine Creek; thence along in the West Branch of the Brandywine Creek the following two courses and distances (and continuing along lands of the Commonwealth of Pennsylvania) (15) south 87 degrees 06 minutes 27 seconds west 125.40 feet to a point; thence (16) north 52 degrees 38 minutes 34 seconds west 214.50 feet to a point; thence (17) north 04 degrees 15 minutes 20 seconds east 1,171.50 feet to a point; thence (18) south 85 degrees 44 minutes 40 seconds east 476.85 feet to a point; thence (19) north 00 degrees 29 minutes 40 seconds west 985.57 feet to a point in the center line of Embreeville Road (Pa.162); thence along the center line of Embreeville Road (Pa.162) the following six courses and distances (20) along the arc of a 1,000.00 foot radius curve to the right 148.44 feet to the point of tangency and having a chord distance of 148.30 feet and bearing south 74 degrees 35 minutes 04 seconds east; thence (21) south 70 degrees 19 minutes 52 seconds east 412.72 feet to a point; thence (22) south 74 degrees 40 minutes 05 seconds east 150.24 to a point; thence (23) south 85 degrees 43 minutes 57 seconds east 205.67 feet to a point, having passed over the center line intersection of Embreeville Road (Pa.162) and Glen Hall Road 78.93 feet west of said point; thence (24) north 82 degrees 47 minutes 04 seconds east 352.39 feet to a point; thence (25) north 81 degrees 20 minutes 33 seconds east 908.13 feet; thence along lands of the Commonwealth of Pennsylvania and in a dirt lane the following four courses and distances (26) north 27 degrees 25 minutes 40 seconds east 479.45 feet to a point; thence (27) north 36 degrees 28 minutes 53 seconds west 467.71 feet to a point; thence (28) north 65 degrees 49 minutes 50 seconds west 373.41 feet to a point; thence (29) north 19 degrees 13 minutes 09 seconds west 444.30 feet to a point at a corner of lands of the Devereux Foundation; thence along lands of the Devereux Foundation the following two courses and distances (30) north 79 degrees 36 minutes 53 seconds east 1,987.01 feet to a concrete monument found, having passed over a concrete monument found 24.48 feet east of the point in the dirt lane; thence (31) south 16 degrees 58 minutes 46 seconds east 1,065.23 feet to a point in the center line of Embreeville Road (Pa.162), having passed over a concrete monument found 19.57 feet north of the center line of Embreeville Road (Pa.162); thence (32) along the center line of Embreeville Road (Pa.162) south 63 degrees 32 minutes 58 seconds west 246.13 feet to the point of beginning.

Containing 236.593 acres, more or less.

Less and excepting a 5.9 acre tract conveyed to the Pennsylvania Department of Transportation by agreement dated August 18, 1982, bounded and described as follows:

Beginning at a point in Embreeville Road (T.R.162, L.R.273), said point being south 67 degrees 34 minutes 30 seconds west 251.97 feet from the intersection of Embreeville Road (L.R.273) and Groundhog College Road (T.R.428); thence from said point of beginning, the following four courses and distances along Embreeville Road, (1) south 67 degrees 34 minutes 30 seconds west 162.86 feet to a point; thence (2) south 76 degrees 32 minutes 00 seconds west 357.65 feet to a point; thence (3) south 82 degrees 10 minutes 29.09 seconds west 241.18 feet to a point; thence (4) south 86 degrees 17 minutes 59.9 seconds west 238.31 feet to a point; thence, leaving Embreeville Road, north 32 degrees 24 minutes 59.09 seconds east 492.25 feet to a point; thence south 80 degrees 16 minutes 57.7 seconds east 118.41 feet to a point; thence north 89 degrees 30 minutes 00 seconds east 441.15 feet to a point; thence south 36 degrees 42 minutes 01.2 seconds east 256.65 feet to said point of beginning in Embreeville Road.

Containing 257,828.8 square feet or 5.919 acres.

The conveyance shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of land or improvements erected thereon.

(b) The deed of conveyance shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes and that the existing improvements upon the lands may be renovated and utilized for county and local government programs and services and, if at any time the county or its successor in function conveys the property to any entity other than West Bradford Township or permits the property to be used for any purpose other than those specified in this section, the title to the property shall immediately revert to and revest in the Commonwealth of Pennsylvania. The deed of conveyance from Chester County to West Bradford Township shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes with approximately 25% of the property conveyed to be enhanced by West Bradford Township with a wastewater spray irrigation system with appurtenances to facilitate groundwater recharge and to provide permanent green open space, and, if at any time West Bradford Township or its successors in function conveys the property or authorizes or permits the property to be used for any purpose other than those mentioned in this section, the title to the property shall immediately revert to and revest in the Commonwealth. ((b) amended Dec. 9, 2002, P.L.1514, No.194)

(c) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(d) Costs and fees incidental to the conveyance shall be borne by the grantee.

Section 3. (a) The Department of General Services, with the approval of the Governor and the Department of Public Welfare, is hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey to North Penn Comprehensive Health Services, a nonprofit corporation organized and operating in the Commonwealth of Pennsylvania, in consideration of the mutual promises and covenants contained herein, the property described below, together with any and all buildings and improvements now or hereafter located on or at or used in connection with the property:

All that certain lot, piece or parcel of land, together with the improvements located thereon, situate in the Borough of Blossburg, County of Tioga and Commonwealth of Pennsylvania:

Beginning at a point in the center line of Granger Street, said point being the northeast corner of lands now or formerly of Joseph W. Stempien and the southeast corner hereof; thence along lands of said Stempien, south 78 degrees 00 minutes 16 seconds west a distance of 699.81 feet to a point in the center line of Ruah Street (said line passing over reference iron rods set 25.00 feet from the center line of Granger Street and 30.00 feet from the center line of Ruah Street), the southwest corner hereof; thence north 19 degrees 10 minutes 51 seconds west a distance of 381.94 feet to a point marked by an iron rod set; thence along the former Railroad Street, north 44 degrees 01 minutes 11 seconds west a distance of 343.00 feet to a point marked by an iron rod set, the northwest corner hereof; thence north 48 degrees 58 minutes 49 seconds east a distance of 868.36 feet to a point in the center line of Ruah Street; thence along lands now or formerly of Walter Kuzneski, north 48 degrees 58 minutes 49 seconds east a distance of 338.64 feet to a point marked by an old iron rod found (said line passing through an iron rod set 25.00 feet from the center line of Ruah Street), the northernmost corner hereof; thence along lands now or formerly of Robert J. Kuzneski the following two courses and distances: (1) south 38 degrees 30 minutes 54 seconds east a distance of 200.00 feet to an old iron rod found; and (2) north 55 degrees 06 minutes 19 seconds east a distance of 113.66 feet to a point in the center line of Granger Street (said line passing through a utility pole located 11.06 feet from said center line), the northeasternmost corner thereof; thence along the center line of Granger Street, south 38 degrees 07 minutes 43 seconds east a distance of 92.93 feet to a point, the northeast corner of lands now or formerly of Larry Smith; thence along lands of said Smith the following three courses and distances: (1) south 51 degrees 42 minutes 31 seconds west a distance of 223.35 feet to an iron rod set (said line passing over an old iron rod found 23.35 feet from the center line of Granger Street); (2) south 38 degrees 36 minutes east a distance of 375.00 feet to a point marked by an old iron rod found; and (3) north 52 degrees 24 minutes east a distance of 226.70 feet to a point in the center line of Granger Street (said line passing over an iron rod set 25.00 feet from said center line); thence along the center line of Granger Street the following four courses and distances: (1) south 39 degrees 06 minutes 17 seconds east a distance of 73.56 feet; (2) south 42 degrees 01 minutes 20 seconds east a distance of 81.39 feet; (3) south 35 degrees 48 minutes 29 seconds east a distance of 189.94 feet; and (4) south 11 degrees 16 minutes 25 seconds east a distance of 11.80 feet to the point and place of beginning.

Subject to the easement of right-of-way of Granger Street as indicated on said survey, and also subject to the easement of right-of-way of Ruah Street located on the western portion of said premises.

Containing approximately 8.766 acres of land.

(b) The conveyance authorized by this section shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies as well as under and subject to interests, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.

(c) The conveyances authorized by this section shall be exempt from taxes, imposts, or other fees and costs to the extent that the taxes, imposts, fees and costs are imposed by a taxing authority.

(d) The deed of conveyance shall contain a clause that the land conveyed hereunder shall be used exclusively in connection with the provision and promotion of health care and social services and that if, at any time, North Penn Comprehensive Health Services or its successor or assign conveys the land, including, but not limited to, through merger, consolidation, lease or transfer of corporate membership, or permits the land to be used for any purposes other than those aforementioned, title thereto shall immediately revert and revest in the Commonwealth of Pennsylvania.

(e) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

Compiler's Note. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 4. (a) The Department of General Services, with the approval of the Governor and the Department of Environmental Resources, is hereby authorized and directed to grant and convey to Gilbert Collussy and Lena M. Collussy, his wife, and James T. Dresher and Virginia M. Dresher, his wife, the following tract of land located in North Shenango Township, Crawford County, Pennsylvania, described as follows:

Beginning at State Monument No.198 of the Pymatuning Reservoir Boundary Survey; thence south 01 degree 58 minutes west 146.10 feet to State Monument No.197; thence south 55 degrees 55 minutes east 161.03 feet to a point; thence north 88 degrees 14 minutes 12 seconds west 192.01 feet to an iron pin; thence north 01 degree 45 minutes 48 seconds east along the east line of Township Route 302, 232.23 feet to an iron pin; thence south 88 degrees 12 minutes east 56.45 feet to the point of beginning; all as the same is shown on a plan prepared by Charles E. Stiles, dated November 19, 1984, and revised January 11, 1985.

Containing 0.433 acres, more or less.

Being a portion of parcel 75 of the Pymatuning Reservoir Project.

(b) The conveyance authorized by subsection (a) shall be in exchange for the conveyance of the following to the Commonwealth of Pennsylvania:

(1) All that certain lot or parcel of land situated in North Shenango Township, Crawford County, Commonwealth of Pennsylvania, described as follows:

Beginning at State Monument No.195 of the Pymatuning Reservoir Boundary Survey; thence due north 83.00 feet to State Monument No.196; thence north 55 degrees 55 minutes west 249.47 feet to a point; thence south 88 degrees 14 minutes 12 seconds east along the south line of Sioux Lane a distance of 227.99 feet to an iron pin; thence south 01 degree 45 minutes 48 seconds west along Lot No.160 of Sunset View Allotment and through a portion of Lots No.160 and No.163 of Sunset View Allotment 216.49 feet to an iron pin; thence north 87 degrees 39 minutes west along Lot No.164 of Sunset View Allotment a distance of 14.62 feet to the point of beginning; all as the same is described on a plan prepared by Charles E. Stiles, dated November 19, 1984, and revised January 11, 1985.

Containing 0.406 acres, more or less.

Being all of Lot No.159 and a portion of Lots No.160 and No.163 of Sunset View Allotment.

(2) A certified check or cashier's check in the amount of $1,000, made payable to the Commonwealth of Pennsylvania.

(c) The conveyance authorized by subsection (a) shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.

(d) The deed of conveyance shall be approved as required by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(e) All costs and fees incidental to the conveyances under subsections (a) and (b) shall be borne by the persons named as grantees in subsection (a).

Compiler's Note: The Department of Environmental Resources, referred to in subsec. (a), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.

Section 5. (a) The Department of General Services, with the approval of the Governor and the Departments of Environmental Resources and Transportation, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the Mid-State Regional Airport Authority, for a consideration of $1 and other valuable consideration, the following tract of land situate in Rush Township, Centre County, Pennsylvania, bounded and described as follows:

All that certain lot, piece or parcel of land situated in Rush Township, Centre County, Pennsylvania, bounded and described as follows:

Beginning at a point northwest of the northern boundary of the access road to Pennsylvania Route No.504, which point is 5,200 feet in a southwestern direction from the intersection of the access road and Pennsylvania Route 504, the following courses and distances: (1) south 23 degrees 48 minutes 07 seconds east a distance of 3,720.88 feet to a point; (2) south 40 degrees 04 minutes 16 seconds east a distance of 449.23 feet to a point; (3) north 49 degrees 55 minutes 44 seconds east a distance of 1,160.00 feet to a point; (4) south 40 degrees 04 minutes 16 seconds east a distance of 100.00 feet to a point; (5) south 49 degrees 55 minutes 44 seconds west a distance of 1,160.00 feet to a point; (6) south 40 degrees 04 minutes 16 seconds east a distance of 449.23 feet to a point; (7) south 49 degrees 55 minutes 44 seconds west a distance of 1,539.98 feet to a point; (8) south 23 degrees 42 minutes 07 seconds east a distance of 2,650.00 feet to a point; (9) south 66 degrees 17 minutes 53 seconds west a distance of 1,500.00 feet to a point; (10) north 23 degrees 42 minutes 07 seconds west a distance of 1,900.00 feet to a point; (11) north 76 degrees 53 minutes 44 seconds west a distance of 359.54 feet to a point; (12) south 49 degrees 55 minutes 44 seconds west a distance of 2,246.98 feet to a point; (13) north 40 degrees 04 minutes 16 seconds west a distance of 999.46 feet to a point; (14) north 49 degrees 55 minutes 44 seconds east a distance of 2,606.98 feet to a point; (15) north 13 degrees 06 minutes 49 seconds east a distance of 352.24 feet to a point; (16) north 23 degrees 42 minutes 07 seconds west a distance of 4,280.00 feet to a point; (17) north 45 degrees 40 minutes 00 seconds east a distance of 582.00 feet to a point; (18) north 23 degrees 42 minutes 07 seconds west a distance of 1,420.00 feet to a point; (19) north 66 degrees 17 minutes 53 seconds east a distance of 100.00 feet to a point; (20) north 23 degrees 42 minutes 07 seconds west a distance of 1,615.00 feet to a point; (21) north 66 degrees 17 minutes 53 seconds east a distance of 200.00 feet to a point; (22) south 23 degrees 42 minutes 07 seconds east a distance of 1,615.00 feet to a point; (23) north 66 degrees 17 minutes 53 seconds east a distance of 100.00 feet to a point; (24) south 23 degrees 42 minutes 07 seconds east a distance of 1,600.00 feet to a point; (25) north 66 degrees 17 minutes 53 seconds east a distance of 1,764.55 feet to the point and place of beginning.

Containing 496.68 acres, more or less.

As shown on a plan of property of the Mid-State Airport of the Department of Environmental Resources, Rush Township, Centre County, Pennsylvania, dated May 1984 and revised January 1985, and numbered 3079.

(b) The conveyance shall be made under and subject to the conditions in subsections (c) and (d) and to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.

(c) Any development on the airport property that is not related to aviation activities must be approved in writing by the Department of Environmental Resources before the plan of development is implemented.

(d) The Department of Environmental Resources shall retain the use of the air operations building and shall maintain full access to the said premises by land and by air for wildfire attack operations, without charge of any kind, and nothing shall diminish the ability of the Department of Environmental Resources to contain its wildfire attack operations at the said premises, including continued use of The Pennsylvania State University's water well, with pipeline access thereto, as the primary water source for loading tankers. In the event future development on the premises requires relocation of the air operations building, the Mid-State Regional Airport Authority may relocate the necessary premises with the approval of the Department of Environmental Resources.

(e) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(f) The deed of conveyance shall contain a clause that the lands conveyed shall be used for airport purposes by the Mid-State Regional Airport Authority and, if at any time the authority or its successor in function conveys said property or permits said property to be used for any purpose other than those aforementioned, the title thereto shall immediately revert to and revest in the Commonwealth of Pennsylvania.

(g) Costs and fees incidental to this conveyance shall be borne by the grantee.

Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.

Section 5.1 (a) The Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, is hereby authorized to convey, subject to subsection (c)(2), to West Bradford Township for fair consideration 12.83 acres of land, more or less, situate in West Bradford Township, Chester County, Pennsylvania, bounded and described as follows:

ALL THAT CERTAIN tract of unimproved land situated on the north side of Telegraph Road (S.R.0162) in West Bradford Township, County of Chester and Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING AT a point in the centerline of Telegraph Road (S.R.0162) said point being the southeasterly corner of remaining land of the Commonwealth of Pennsylvania; thence leaving the road and along the remaining land of the Commonwealth of Pennsylvania, the following two courses and distances: (1) North 1 degree 46 minutes 36 seconds West, 748.11 feet to a 1/4 inch rebar; and (2) North 5 degrees 11 minutes 29 seconds West, 701.96 feet to a 1/4 inch iron pipe found at the northwesterly corner of land of the County of Chester; thence along land of the County of Chester, the following four (4) courses and distances: (3) South 20 degrees 24 minutes 46 seconds East, 444.30 feet to a point; (4) South 67 degrees 01 minutes 20 seconds East, 373.41 feet to a point; (5) South 37 degrees 40 minutes 34 seconds East, 467.71 feet to a point; and (6) South 26 degrees 13 minutes 59 seconds West, 479.45 feet to a point in the centerline of Telegraph Road (S.R.0163); thence (7) along the centerline of Telegraph Road (S.R.0162), South 80 degrees 08 minutes 53 seconds West, 493.19 feet to the point of beginning.

CONTAINING: 12.83 Acres.

(b) The conveyance authorized by 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, cable, water, electric, sewer, gas or pipeline companies, as well as under and subject to any lawful and enforceable interest, estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.

(c) (1) The deed of conveyance authorized by this section shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(2) In the event that this conveyance is not executed within 60 months of the effective date of this section, the Secretary of General Services' authorization to convey the property under subsection (a) shall terminate.

(d) Cost and fees incidental to the conveyance authorized by this section shall be borne by the grantees.

(5.1 added Dec. 9, 2002, P.L.1514, No.194)

Compiler's Note: The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.

Section 6. This act shall take effect immediately.