Pennsylvania Act 2006-118 — CONVEYANCES - COMMONWEALTH PROPERTY IN PENN TOWNSHIP, WESTMORELAND COUNTY; CRESSON TOWNSHIP, CAMBRIA COUNTY; AND CITIES OF ALLENTOWN AND BETHLEHEM, LEHIGH COUNTY

Act text

CONVEYANCES - COMMONWEALTH PROPERTY IN PENN TOWNSHIP, WESTMORELAND
  COUNTY; CRESSON TOWNSHIP, CAMBRIA COUNTY; AND CITIES OF ALLENTOWN AND
                         BETHLEHEM, LEHIGH COUNTY
                 Act of Oct. 4, 2006, P.L. 1145, No. 118              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Pennsylvania
        Historical and Museum Commission, to accept by donation a
        tract of land and any improvements on the tract situate in
        Penn Township, Westmoreland County; authorizing the
        Department of Transportation, with the approval of the
        Governor, to grant and convey to AMFIRE Mining Company, LLC,
        the right to remove coal underlying a certain highway right-
        of-way situate in Cresson Township, Cambria County; and
        authorizing the Department of General Services, with the
        approval of the Governor, to grant and convey to the
        Allentown Commercial Industrial Authority, or their assigns,
        certain lands situate in the City of Allentown and the City
        of Bethlehem, Lehigh County, Pennsylvania.

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

     Section 1.  Transfer in Penn Township, Westmoreland County.
        (a)  Acquisition authority.--The Department of General
     Services, with the approval of the Governor and the Pennsylvania
     Historical and Museum Commission, is authorized and directed on
     behalf of the Commonwealth of Pennsylvania to accept by donation
     from The Conservation Fund a tract of land and any improvements
     on the tract as described in subsection (b).
        (b)  Property description.--The tract of land and any
     improvements on the land to be donated by The Conservation Fund
     under subsection (a) is located in Penn Township, Westmoreland
     County, and is bounded and described as follows:
        ALL THAT CERTAIN piece, parcel or plot of land situate in the
     Township of Penn, County of Westmoreland and Commonwealth of
     Pennsylvania, being all of Lot No. 1 in the Lazar Subdivision
     No. 2, as recorded on March 26, 1996, in the Recorder's Office
     of Westmoreland County, Pennsylvania, in Plan Book Volume 91,
     pages 378 and 379.
        CONTAINING an area of approximately 34.4339 acres.
        (c)  Easements.--The donation shall be made under and subject
     to all recordable easements, servitudes and rights of others,
     including streets, roadways and rights of any telephone,
     telegraph, water, electric, cable, sewer, gas or pipeline
     companies, as well as under and subject to any recordable
     interest, estates or tenancies vested in third persons,
     appearing of record, for any portion of the land or improvements
     erected on the land.
        (d)  Deed.--The deed shall be prepared by the Grantor as
     provided by law, subject to approval by the Department of
     General Services and accepted on behalf of the Commonwealth of
     Pennsylvania by the Department of General Services.
        (e)  Costs and fees.--Costs and fees incidental to the
     donation shall be borne by the grantee unless otherwise
     stipulated by previous agreement.
     Section 2.  AMFIRE Mining Company, LLC.
        (a)  Conveyance authorized.--The Department of
     Transportation, with the written approval of the Governor, is
     authorized to grant and convey to AMFIRE Mining Company, LLC,
     the right to remove coal underlying highway right-of-way for
     State Routes 0022 and 0053 (the Cresson Interchange) situate in
     Cresson Township, Cambria County, as described in subsection
     (b), for fair market value as determined by an independent
     appraisal.
        (b)  Property description.--The highway right-of-way under
     which the department is authorized to grant and convey coal
     mining rights pursuant to this section consists of 87 acres,
     more or less, shown as required right of way for Legislative
     Route 1101 (State Route 0022) from Station 407+19 to Station
     441+81 and Legislative Route 276 (State Route 0053) from Station
     18+50 to Station 58+97, as shown on plans entitled "Drawings
     Establishing Limited Access Highway And Authorizing Condemnation
     of Right-of-Way for Leg Route 1101 Section G11R/W In Cambria
     County, From Sta 403+49.00 to Sta 541+15.00 Length 13,700 Ft.
     2.608 Mi., Also Leg Route 276 Section 38R/W , From Sta 8+00 to
     Sta 65+25.00, Leg Route 11028 Section 2R/2W, From Sta 12+25.00
     to Sta 48+25.00," signed by the Governor on April 26, 1980, and
     recorded in the Cambria County Courthouse in State Highway Right
     of Way Book A, Page 22, on April 29, 1980.
        (c)  Conditions.--The conveyance shall be made under and
     subject to all of the following:
            (1)  Lawful and enforceable easements, servitudes and
        rights of others.
            (2)  Lawful and enforceable estates or tenancies vested
        in third persons appearing of record or not, for any portion
        of the right-of-way or coal rights.
            (3)  All costs of remediation to the highway
        infrastructure due to subsidence caused by coal mining
        operations of the grantee shall be borne by the grantee.
            (4)  Other terms and conditions as deemed appropriate by
        the department to address issues relating to the removal of
        coal underlying State highways by AMFIRE within the Cresson
        Mine Permit boundaries, whether or not the coal is owned by
        the Commonwealth.
        (d)  Conveyance.--The conveyance shall be by option and lease
     agreement executed by the Secretary of Transportation in the
     name of the Commonwealth.
        (e)  Costs and fees.--Costs and fees incidental to the
     conveyance shall be borne by the grantee.
     Section 3.  Conveyance in the City of Allentown and the City of
                    Bethlehem, Lehigh County.
        (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 to the
     Allentown Commercial Industrial Authority, or their assigns, a
     certain tract of land and improvements thereon, being an unused
     portion of the Allentown State Hospital, described in subsection
     (b) under terms and conditions to be established in an agreement
     of sale with the Department of General Services.
        (b)  Description.--The property to be conveyed under
     subsection (a) consists of approximately 36.08 acres, more or
     less, and more particularly bounded and described as follows,
     subject to an official survey and plan:
        Beginning at a point being the POINT OF BEGINNING; thence S.
     08 degrees 31 minutes 43 seconds E., a distance of 327.98 feet;
     thence S. 76 degrees 19 minutes 04 seconds W., a distance of
     1,186.33 feet; thence S. 72 degrees 56 minutes 55 seconds W., a
     distance of 285.07 feet; thence S. 43 degrees 48 minutes 06
     seconds W., a distance of 727.05 feet; thence S. 54 degrees 56
     minutes 04 seconds W., a distance of 603.06 feet; thence N. 34
     degrees 49 minutes 40 seconds W., a distance of 160.00 feet;
     thence N. 55 degrees 10 minutes 20 seconds E., a distance of
     243.03 feet; thence N. 27 degrees 11 minutes 30 seconds W., a
     distance of 394.57 feet; thence continue northwesterly along
     said line, a distance of 637.91 feet; thence N. 81 degrees 23
     minutes 17 seconds E., a distance of 531.03 feet; thence S.43
     degrees 13 minutes 28 seconds E., a distance of 11.42 feet;
     thence S.80 degrees 16 minutes 16 seconds W., a distance of
     54.97 feet; thence S.07 degrees 57 minutes 07 seconds W., a
     distance of 61.36 feet; thence S.61 degrees 19 minutes 56
     seconds E., a distance of 163.09 feet; thence N.68 degrees 57
     minutes 39 seconds E., a distance of 177.92 feet; thence N.58
     degrees 25 minutes 17 seconds E., a distance of 238.88 feet;
     thence N.23 degrees 18 minutes 43 seconds W., a distance of
     36.00 feet; thence N.82 degrees 58 minutes 17 seconds E., a
     distance of 1,395.57 feet; thence N.81 degrees 45 minutes 17
     seconds E., a distance of 387.40 feet to the POINT OF BEGINNING.
        CONTAINING 36.08-acres, more or less.
        (c)  Granting and retention of easements.--The Department of
     General Services is authorized to do all of the following:
            (1)  Grant and convey to the Allentown Commercial
        Industrial Authority, or their assigns, any easements for
        utilities and ingress or egress on residual lands of the
        Commonwealth of Pennsylvania at Allentown State Hospital
        necessary to comply with local land development and zoning
        ordinances.
            (2)  Reserve and except any easements on the property to
        be conveyed to the Allentown Commercial Industrial Authority
        under this section necessary for the efficient operation of
        Allentown State Hospital.
        (d)  Easements, servitudes and rights.--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.
        (e)  Land restriction.--
            (1)  Any conveyance authorized under this section shall
        be made under and subject to the following conditions which
        shall be contained in the deed of conveyance:
                (i)  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.
                (ii)  That the property conveyed shall be used only
            as commercial or senior residential property or both.
            (2)  The conditions under paragraph (1) shall be
        covenants running with the land and shall be binding upon the
        grantee, its successors and assigns. If the grantee, its
        successors or assigns permit any portion of the property
        authorized to be conveyed under this section to be used in
        violation of this subsection, the title shall immediately
        revert to and revest in the grantor.
        (f)  Execution.--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.
        (g)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (h)  Nonconveyance.--If an agreement of sale between the
     Department of General Services and the Allentown Commercial
     Industrial Authority is not executed within 180 calendar days
     from the effective date of this section, the authority contained
     in this section shall expire.
     Section 4.  Effective date.
        This act shall take effect immediately.