Pennsylvania Act 2010-34 — CONVEYANCE - COMMONWEALTH PROPERTY IN CECIL TOWNSHIP, WASHINGTON COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN CECIL TOWNSHIP, WASHINGTON COUNTY
                  Act of Jun. 16, 2010, P.L. 213, No. 34              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor, to grant and convey to Washington
        County Authority certain lands situate in Cecil Township,
        Washington County.

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

     Section 1.  Washington County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is authorized on behalf of the
     Commonwealth, to grant and convey to Washington County Authority
     three tracts of land situate in Cecil Township, Washington
     County, under terms and conditions to be established in an
     Agreement of Sale with the Department of General Services. The
     consideration received by the Department of General Services for
     the sale of the three tracts shall be no less than $615,000.
        (b)  Description.--The property to be conveyed pursuant to
     this section consists of three parcels of vacant land containing
     67.875 acres, being bounded and more particularly described as
     follows:
                     PARCEL No. 140-014-00-00-0029-00
     ALL THAT CERTAIN PARCEL of land situate in Cecil Township,
     Washington County, Commonwealth of Pennsylvania being South of
     the Southpointe Exit on Interstate 79 (SR 79) and beginning on
     the right-of-way along said interstate highway, being more
     particularly described as follows:
     BEGINNING at a point on the legal right-of-way of line of
     Interstate 79 and the lands herein described by the following
     courses and distances: Thence North 51 degrees-35'-01" East a
     distance of 10.00' to a point common to the lands of now or
     formerly of the Commonwealth of Pennsylvania and the lands
     herein described: Thence North 28 degrees-00'-30" West a
     distance of 1273.05' to an iron pin found common to the lands of
     said Commonwealth and the lands herein described: Thence North
     26 degrees-55'-56" West a distance of 264.00' to an iron pin
     found common to the lands of said Commonwealth and the lands
     herein described: Thence South 62 degrees-49'-01" West a
     distance of 283.76' to an iron pin set common to the lands of
     said Commonwealth, a point on the legal right of way line of
     Interstate 79, and the lands herein described: Thence by a curve
     to the left having a radius of 2112.01' and arc length of
     245.25' and a chord bearing and distance of South 35 degrees-
     05'-24" East for a distance of 245.11' to a point on the legal
     right-of-way line of Interstate 79 and the lands herein
     described: Thence South 38 degrees-24'-59" East a distance of
     1321.40' to a point, the place of BEGINNING.
     CONTAINING a total area of 5.342 acres.
     BEING designated as Tract 2, and described in accordance with a
     survey performed by Widmer Engineering, Inc., in September of
     2008, last revised January 20, 2009.
                     PARCEL No. 140-014-00-00-0019-01
     ALL THAT CERTAIN PARCEL of land situate in Cecil Township,
     Washington County, Commonwealth of Pennsylvania being South of
     the Southpointe Exit on Interstate 79 (SR 79) and beginning on
     the right-of-way along said interstate highway more particularly
     described as follows:
     BEGINNING at a point on the legal right-of-way line of
     Interstate 79 and common to the lands herein described by the
     following courses and distances: Thence North 28 degrees-00'-30"
     West a distance of 1273.05' to an iron pin found common to the
     lands of now or formerly of the Commonwealth of Pennsylvania and
     the land herein described: Thence North 57 degrees-19'-02" East
     a distance of 547.80' to an iron pin found common to the lands
     of said Commonwealth, the Weaver Heritage Trust and the lands
     herein described: Thence South 39 degrees-33'-03" East a
     distance of 1345.95' to an iron pin found common to the lands of
     the Weaver Heritage Trust, Maple Leaf Homes Inc., and the lands
     herein described: Thence South 44 degrees-43'-57" East a
     distance of 1201.09' to a point common to the lands of said
     Maple Leaf Homes, and the lands herein described: Thence South
     73 degrees-16'-03" West a distance of 1004.94' to a point on the
     legal right-of-way line of Interstate 79 and common to lands of
     the said Commonwealth, and the lands herein described: Thence
     North 38 degrees-24'-59" West a distance of 970.80' to a point,
     the place of BEGINNING.
     CONTAINING a total area of 41.483 acres.
     BEING designated as Tract 3, and described in accordance with a
     survey performed by Widmer Engineering, Inc., in September of
     2008, last revised January 20, 2009.
                     PARCEL No. 140-014-00-00-0030-00
     ALL THAT CERTAIN PARCEL of land situate in Cecil Township,
     Washington County, Commonwealth of Pennsylvania being South of
     the Southpointe Exit on Interstate 79 (SR79) and beginning on
     the right-of-way along said interstate highway more particularly
     described as follows:
     BEGINNING at an iron pin set on the legal right-of-way line of
     Interstate 79 and common to the lands of the Commonwealth of
     Pennsylvania, and the lands herein described by the following
     courses and distances: Thence North 73 degrees-16'-03" East to
     an iron pin set on line at station 9+89.94', for a distance of
     1004.94' to a point common to the lands of said Commonwealth,
     Maple Leaf Homes, Inc., and the lands herein described: Thence
     South 35 degrees-06'-04" East a distance of 630.30' to an iron
     pin set common to the lands of said Maple Leaf Homes, and the
     lands herein described: Thence South 40 degrees-36'-04" East a
     distance of 833.77' to an iron pin set common to the lands of
     said Maple Leaf Homes and the right-of-way of Morganza Road
     (S.R. 1009); Thence the following five (5) courses and distances
     along the legal right-of-way line of Morganza Road South 53
     degrees-17'-48" West a distance of 18.64' to a point: Thence
     South 36 degrees-42'-12" East a distance of 20.00 feet to a
     point: Thence South 53 degrees-17'-48" West a distance of 75.89
     feet to a point: Thence by a curve to the left having a radius
     of 1298.24' an arc length of 152.79' and a chord bearing and
     distance of South 49 degrees-55'-36" West for 152.70' to a
     point: Thence South 46 degrees-33'-18" West a distance of 61.95'
     to a point in Chartiers Creek, and common to the lands of said
     William and Carolyn Byham, and the lands herein described:
     Thence North 46 degrees-38'-09" West a distance of 228.02 feet
     to a point in Chartiers Creek and common to the lands of William
     and Carolyn Byham, and the lands herein described: Thence North
     61 degrees-08'-09" West a distance of 528.00' to a point common
     to the lands of said Byham and the lands herein described:
     Thence North 72 degrees-23'-09" West a distance of 396.00' to a
     point in said creek and common to the lands of said Byham and
     the lands herein described: Thence North 34 degrees-53'-09" West
     a distance of 231.00' to a point common to lands of said Byham
     and the lands herein described: Thence North 82 degrees-53'-09"
     West a distance of 132.00' to a point common to lands of said
     Byham, and the lands herein described: Thence South 69 degrees-
     06'-51" West a distance of 45.83' to a point on the legal right-
     of-way line of Interstate 79, and common to lands of said Byham
     and the land herein described: Thence North 38 degrees-24'-59"
     West a distance of 108.85' to a point common the the legal right
     of line of Interstate 79 and the lands herein described: Thence
     by the legal right-of-way line of Interstate 79 the following
     four (4) courses and distances South 51 degrees-35'-01" West a
     distance of 50.00' to a point; Thence North 38 degrees-24'-59"
     West a distance of 275.00' to a point: Thence North 51 degrees-
     35'-01" East a distance of 10.00' to a point; Thence North 38
     degrees-24'-59" West a distance of 97.20' to a point, the place
     of beginning.
     SUBJECT TO an area taken by the Pennsylvania Department of
     Transportation for a channel change of Chartiers Creek
     containing 2.299 acres.
     CONTAINING a total area of 23.349 acres. (Total area includes
     area of channel change)
     BEING designated as Tract 4, and described in accordance with a
     survey performed by Widmer Engineering, Inc., in September of
     2008, last revised January 20, 2009.
        (c)  Reservation.--To effectuate this section, the Department
     of General Services is authorized, on behalf of the
     Commonwealth, to reserve or grant any easements on property
     known as the Department of Transportation's Washington County
     Maintenance Facility, as the Secretary of General Services
     determines are appropriate or desirable, including for access
     and utility service.
        (d)  Conditions.--
            (1)  The conveyance shall be made under and subject to
        all lawful and enforceable easements, servitudes and rights
        of others, including streets, roadways and rights of any
        telephone, telegraph, water, electric, gas or pipeline
        companies, and 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 on the land.
            (2)  The conveyance shall be made under and subject to
        the condition, which must 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. If the grantee, its
        successors or assigns permit any portion of the property
        authorized to be conveyed in this act to be used in violation
        of this subsection, the title shall immediately revert to and
        revest in the grantor.
        (e)  Deed.--The deed of conveyance must be by special
     warranty deed and must be executed by the Secretary of General
     Services in the name of the Commonwealth.
        (f)  Costs and fees.--Costs and fees incidental to the
     conveyance shall be borne by the grantee.
        (g)  Expiration.--If an agreement of sale between the parties
     is not executed within 12 months of the effective date of this
     section, the authorization contained in this section shall
     expire.
        Section 2.  This act shall take effect immediately.