Pennsylvania Act 2002-216 — CONVEYANCE - COMMONWEALTH PROPERTY IN CHESTER AND DAUPHIN COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN CHESTER AND DAUPHIN COUNTIES
                 Act of Dec. 9, 2002, P.L. 1722, No. 216              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Department of Transportation and the
        Governor, to grant and convey to the West Chester Area School
        District certain lands in West Goshen Township, Chester
        County; and authorizing the release of Project 500
        restrictions imposed on certain land owned by the Borough of
        Royalton, Dauphin County, and imposing Project 500
        restrictions on other land owned by the Borough of Royalton,
        Dauphin County.

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

     Section 1.  Conveyance in West Goshen Township, Chester 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 to the West Chester Area School
     District, the Department of Transportation's Chester County
     Maintenance Facility, land and buildings described in subsection
     (b) for fair market value as determined by independent
     appraisal.
        (b)  Legal description of land.--The property to be conveyed
     pursuant to this section consists of the Department of
     Transportation's Chester County Maintenance Facility, bounded
     and more particularly described as all that certain piece or
     parcel of land in West Goshen Township, Chester County,
     Pennsylvania, bounded and described as follows:
                                 PARCEL 1
        BEGINNING at a point, an iron pipe, in the lands of Edward
     Haley and Thomas F. Haley (Deceased) on the production of the
     north building line of Biddle Street, said point being 16.11
     feet in an easterly direction from a brass plug in the concrete
     roadway of State Highway Application 7326; thence along said
     State Highway Application N. 23 degrees W. a distance of 330.31
     feet to an iron pipe, the corner of lands of Edward Haley and
     Thomas F. Haley (Deceased) and the West Chester Nursery Company;
     said iron pipe being 16.11 feet in an easterly direction from a
     brass plug in the concrete roadway of State Highway Application
     7326; thence by the lands of Edward Haley and Thomas F. Haley,
     (Deceased) and the West Chester Nursery Company N. 67 degrees E.
     a distance of 534.00 feet to a concrete monument in the line of
     lands of Hannah Parker; thence by the lands of Edward Haley, and
     Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52
     minutes 42 seconds E. a distance of 131.13 feet to a point;
     thence by the lands of Edward Haley and Thomas F. Haley
     (Deceased) and George H. Kelling S. 26 degrees 52 minutes 42
     seconds E. a distance of 59 feet to a point; thence thru the
     lands of Edward Haley and Thomas F. Haley (Deceased) S. 26
     degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an
     iron pipe; thence continuing thru the lands of Edward Haley and
     Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a
     distance of 86.07 feet, to an iron pipe on the production of the
     North Building Line of Biddle Street; thence along the
     production of the north building line of Biddle Street, thru the
     lands of Edward Haley and Thomas F. Haley (Deceased) S. 66
     degrees 44 minutes W. a distance of 542.00 feet to the point of
     BEGINNING.
     Containing 4.110 acres, be the same more or less.
                                 PARCEL 2
        TRACT 1 - BEGINNING at an iron pipe on the easterly side of
     Montgomery Avenue, State Application 7326, said pipe being on
     the legal right of way line and on the line dividing the lands
     of Edward D. Haley and the Commonwealth of Pennsylvania,
     Department of Highways; thence along lands of the said
     Commonwealth of Pennsylvania, Department of Highways, North
     sixty six degrees, forty four minutes East, a distance of five
     hundred forty nine (549.00) feet to an iron pipe in the line of
     lands of E. Duie Pyle South twenty two degrees, five minutes
     East, a distance of one hundred fifty six and thirty hundreths
     (156.30) feet to an iron pipe; thence South sixty seven degrees
     West, a distance of five hundred forty six and fifty hundredths
     (546.50) feet to an iron pipe on the easterly side of said
     Montgomery Avenue, State Aid Application 7326; thence along the
     legal right of way line of said Montgomery Avenue, State Aid
     Application 7326, North twenty three degrees West, a distance of
     one hundred fifty three and forty four hundredths (153.44) feet
     to the point of BEGINNING and containing one and nine thousand
     four hundred fifty four ten thousandths (1.9454) acres more or
     less, with the privilege of entering upon adjoining land to
     clean the aforesaid ditch and subject to the privilege to the
     owners of adjoining land through which the said ditch passes of
     entering upon the lots hereby granted and cleaning the said
     ditch whenever it may become obstructed.
        TRACT 2 - BEGINNING at an iron pipe on the easterly side of
     Montgomery Avenue, State Aid Application 7326, said pipe being
     on the legal right of way line and the line of lands of Edward
     D. Haley; thence North sixty seven degrees East, a distance of
     five hundred forty six and fifty hundredths (546.50) feet to an
     iron pipe in line of lands of E. Duie Pyle; thence along the
     lands of E. Duie Pyle South seventeen degrees forty four minutes
     East, a distance of eighteen and ninety nine hundredths (18.99)
     feet to an iron pipe in the line of lands of the West Chester
     Paper Box Company, Inc.; thence along the lands of said West
     Chester Paper Box Company Inc. and Edward D. Haley South sixty
     seven degrees, six minutes, thirty seconds West, a distance of
     five hundred forty five (545.00) feet to an iron pipe on the
     easterly side of said Montgomery Avenue, State Aid Application
     7326; thence along the legal right of way line of said
     Montgomery Avenue, State Aid Application 7326, North twenty
     three degrees West, a distance of seventeen and eighty eight
     hundredths (17.88) feet to the point of BEGINNING and containing
     two thousand two hundred forty one ten thousandths (0.2241)
     acres more or less, with the privilege of entering upon
     adjoining land to clean the aforesaid ditch and subject to the
     privilege to the owners of adjoining land through which the said
     ditch passes of entering upon the lots hereby granted and
     cleaning said ditch whenever it may become obstructed.
        (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 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
     conveyance shall be borne by the grantee.
        (f)  Deposit of proceeds.--The proceeds from the sale shall
     be deposited in the Motor License Fund to pay for costs and fees
     incurred for a new Chester County Maintenance Facility as well
     as the costs and fees incurred by the Department of General
     Services as authorized under section 2406-A of the act of April
     9, 1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
        (g)  Alternate disposition.--In the event that this
     conveyance is not executed within 12 months of the effective
     date of this act, the property may be disposed of in accordance
     with section 2406-A of The Administrative Code of 1929. The
     proceeds from the sale shall be deposited in accordance with
     subsection (f).
     Section 2.  Borough of Royalton.
        (a)  Authorization to release restrictions.--The land
     described in subsection (b) is hereby released from any
     restrictions or encumbrances on the title resulting from the
     provisions of the act of January 19, 1968 (1967 P.L.996,
     No.443), known as The Land and Water Conservation and
     Reclamation Act, in exchange for the imposition of the Land and
     Water Conservation and Reclamation Act provisions on land owned
     by the Borough of Royalton and described in subsection (c).
        (b)  Description of land to be released of restrictions.--All
     that certain parcel of land located in the Borough of Royalton,
     Dauphin County, Pennsylvania, bounded and described as follows:
        Beginning at a monument on the southerly side of Canal
     Street; thence south 10 degrees 03 minutes west along the
     easterly side of a private road, 123.55 feet to a spike; thence
     south 79 degrees 50 minutes west 100 feet to a spike in the
     easterly line of lands, now or late, of Margaret Ellen Kerr
     Beckley; thence north 12 degrees 42 minutes east 97.46 feet to a
     spike in the southerly line of Canal Street; thence along the
     southern line of said Canal Street, north 75 degrees 50 minutes
     east 45.51 feet to a spike; thence still along the southerly
     line of said Canal Street, south 07 degrees 40 minutes east,
     54.50 feet to a monument, the place of beginning.
        Being the same premises which Kenneth P. Dudley and Doris M.
     Dudley, his wife, by Deed dated August 7, 1984, and recorded in
     the Office of Recorder of Deeds, Dauphin County, Pennsylvania,
     in Record Book 526, at page 252, granted and conveyed to the
     Borough of Royalton. And being also Tract 2 upon which the
     Borough of Royalton by deed dated September 26, 1988, and
     recorded in the Office of Recorder of Deeds, Dauphin County,
     Pennsylvania, in Record Book 1179, at page 363, previously
     imposed the restriction that the said Tract 2 be used for
     municipal park, recreation and open space purposes as defined in
     the Land and Water Conservation and Reclamation Act.
        (c)  Description of land to be restricted.--All of that
     certain portion of land in the Borough of Royalton, Dauphin
     County, Pennsylvania, bounded and described as follows:
        Beginning at a point at the intersection of the northern
     right-of-way line of Burd Street (50' wide) with the eastern
     line of lands now or formerly of Amtrak, said point also being
     at the southwest corner of the herein described Lot No. 2;
     thence, along the aforementioned lands of Amtrak, and along the
     western side of a 10 feet wide drainage easement, North 19
     degrees 32 minutes 24 seconds West, 143.21 feet to a concrete
     monument (set); thence, along Lot No. 1, as shown on the above
     referenced plan, South 84 degrees 30 minutes 00 seconds East,
     142.39 feet to a concrete monument (set); thence, continuing
     along the aforementioned Lot No. 1, along the western side of a
     25 feet wide access and utility easement, South 05 degrees 30
     minutes 00 seconds West, 129.75 feet to a 3/4 inch rebar with
     cap (set) at the northern right-of-way line of the
     aforementioned Burd Street; thence, along said right-of-way line
     and along the southern side of the aforementioned drainage
     easement, North 84 degrees 30 minutes 00 seconds West, 81.77
     feet to the Point of Beginning, containing 14,542.6 square feet
     or 0.3339 acres. Identified as "Lot No. 2", on a plan titled,
     "Final Subdivision Plan for Borough of Royalton", prepared by
     Light-Heigel & Associates, Inc., dated July 26, 2002, Job Number
     02-0372, recorded in the Office of Recorder of Deeds, Dauphin
     County, Pennsylvania, in Plan Book I, Volume 8, at Page 95, and
     being a portion of the piece or parcel of land which the
     Middletown Area School District by deed dated June 25, 2001, and
     recorded in the Office of Recorder of Deeds, Dauphin County,
     Pennsylvania, in Record Book 4042, at page 492 granted and
     conveyed to the Borough of Royalton. Together with the right of
     ingress, egress, and regress, from Burd Street, over and across
     a 25 feet wide access and utility easement over lands granted
     and conveyed to the Borough of Royalton by the aforesaid deed of
     June 25, 2001, said easement being set forth on the aforesaid
     Final Subdivision Plan, and said easement being further
     described as follows: Beginning at a 3/4 inch rebar with cap
     (set) on the northern right-of-way line of Burd Street (50'
     wide) in the Borough of Royalton, Dauphin County, Pennsylvania,
     said rebar being at the southeast corner of Lot No. 2, at a
     corner common to lands now or formerly of the Borough of
     Royalton (Lot No. 1) as shown on the above referenced plan, said
     point also being at the southwest corner of the herein described
     Proposed 25 feet Wide Access and Utility Easement on the above
     referenced plan; thence, along the aforementioned Lot No. 2,
     North 05 degrees 30 minutes 00 seconds East, 129.75 feet to a
     concrete monument (set); thence, through the aforementioned
     lands of the Borough of Royalton, South 84 degrees, 30 minutes,
     00 seconds East, 25.00 feet to a point, thence, along lands now
     or formerly of Michael S. Richards, described in Deed Book 2429,
     at Page 110, South 05 degrees 30 minutes 00 seconds West, 129.75
     to a pin (found) on the northern right-of-way line of the
     aforementioned Burd Street; thence, along said right-of-way
     line, North 84 degrees 30 minutes 00 seconds West, 25.00 feet to
     the Point of the Beginning.
        (d)  Authorization to impose restrictions.--The following
     restriction shall be added to the deed for the land described in
     subsection (c):
            This land is to be used for municipal park, recreation
            and open space purposes as defined in The Land and Water
            Conservation and Reclamation Act.
        (e)  Special account.--Further, in consideration for
     releasing the restrictions on the property described in
     subsection (b), the borough shall place in a special account of
     the borough an amount of money equal to the fair market value of
     this property. For purposes of this section, the fair market
     value has been determined to be $16,500. Within five years of
     the effective date of this section, this money shall be used
     exclusively to make improvements to existing borough-owned parks
     and playgrounds in accordance with a plan approved by the
     Department of Conservation and Natural Resources, Bureau of
     Recreation and Conservation.
     Section 3.  Effective date.
        This act shall take effect immediately.