Pennsylvania Act 2002-139 — CONVEYANCE - COMMONWEALTH PROPERTY IN LACKAWANNA, WASHINGTON AND WESTMORELAND COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN LACKAWANNA, WASHINGTON AND
                          WESTMORELAND COUNTIES
                 Act of Nov. 25, 2002, P.L. 1122, No. 139             Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor, to grant and convey to the
        Student Association, Inc., a certain tract of land situate in
        the Borough of California, Washington County, in exchange for
        a certain tract of land; authorizing and directing the
        Department of General Services, with the approval of the
        Department of Environmental Protection and the Governor, to
        grant and convey to Moosic Realty Company certain lands
        situate in the Borough of Moosic, County of Lackawanna; and
        authorizing the Department of General Services, with the
        approval of the Department of Corrections and the Governor,
        to grant and convey to the County of Westmoreland a tract of
        land situate in Hempfield Township, Westmoreland County.

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

     Section 1.  California University of Pennsylvania.
        (a)  Authorization.--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 the Student Association, Inc., certain lands described
     in subsection (b).
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of all that certain piece or parcel of
     land situate on the campus of California University of
     Pennsylvania of the State System of Higher Education in the
     Borough of California, Washington County, Pennsylvania, bounded
     and described as follows:
        BEGINNING at an iron pin at the easterly side of Highland
     Drive common to the northeastern most line of lands now or
     formerly of the Commonwealth of Pennsylvania, as recorded in
     Deed Book Volume 997, Page 73; thence from said point of
     beginning by said line of the Commonwealth of Pennsylvania South
     62 degrees 32 minutes East a distance of 720.0 feet to a point;
     thence by the line dividing lands now or formerly of the Student
     Association, Inc., and lands of said Commonwealth of
     Pennsylvania South 36 degrees 16 minutes West a distance of
     499.9 feet to a point; thence through lands of said Commonwealth
     of Pennsylvania, outside of and excluding the stadium fence and
     scoreboard, the following four courses and distances: (1) by a
     curve bearing to the left having a radius of 2224.0 feet through
     an arc distance of 170.8 feet to a point of tangency; (2) by a
     curve bearing to the left having a radius of 453.0 feet through
     an arc distance of 168.6 feet to a point of tangency; (3) by a
     curve bearing to the left having a radius of 173.0 feet through
     an arc distance of 211.7 feet to a point of tangency; (4) South
     36 degrees 12 minutes West a distance of 56.8 feet to a point;
     thence through same and excluding the stadium scoreboard North
     61 degrees 22 minutes West a distance of 176.3 feet to a point;
     thence by a line through said Highland Drive North 28 degrees 38
     minutes East a distance of 655.0 feet to the point of BEGINNING.
        Containing an area of 8.25 acres.
        (c)  Exchanged property.--The conveyance described in
     subsection (b) shall be in exchange for the conveyance, by
     special warranty deed, from the Student Association, Inc., to
     the Commonwealth of Pennsylvania, acting by and through its
     Department of General Services on behalf of the State System of
     Higher Education, of all that certain piece or parcel of land
     situate in the Borough of California, Washington County,
     Pennsylvania, bounded and described as follows:
        BEGINNING at a point on the northwesterly right of way line
     of State Highway Route 88, said point being the following six
     courses and distances from a point common to the said right of
     way line and the northeastern most line of lands now or formerly
     of the Student Association, Inc., formerly the Student
     Activities Association, as recorded in Deed Book Volume 634,
     Page 470: (1) by a curve bearing to the right having a radius of
     2292.01 feet through an arc distance of 228.12 feet to a point
     of tangency; (2) South 36 degrees 16 minutes West a distance of
     410.0 feet to a point; (3) North 53 degrees 44 minutes West a
     distance of 10.0 feet to a point; (4) South 36 degrees 16
     minutes West a distance of 280.0 feet to a point; (5) South 53
     degrees 44 minutes East a distance of 10.0 feet to a point; (6)
     South 36 degrees 16 minutes West a distance of 50.0 feet to a
     point being the true point of beginning; thence from said point
     of beginning and continuing by said right of way line South 36
     degrees 16 minutes West a distance of 881.0 feet to a point;
     thence through lands of said Student Association, Inc., North 53
     degrees 59 minutes West a distance of 379.9 feet to a point;
     thence through same by a curve bearing to the left having a
     radius of 2544.8 feet having a chord bearing of North 32 degrees
     06 minutes West through an arc distance of 262.5 feet to a
     point; thence by a line dividing lands now or formerly of the
     Commonwealth of Pennsylvania and lands of said Student
     Association, Inc., South 53 degrees 44 minutes East a distance
     of 314.12 feet to a point; thence by same North 36 degrees 16
     minutes East a distance of 1201.0 feet to a point; thence
     through lands of said Student Association, Inc., outside of and
     including the stadium fence, by a curve bearing to the right
     having a radius of 2224.0 feet through an arc distance of 43.6
     feet to a point of tangency; thence through and by same by a
     curve bearing to the right having a radius of 138.0 feet through
     an arc distance of 199.5 feet to a point of tangency; thence
     again through and by same South 36 degrees 02 minutes West a
     distance of 224.5 feet to a point; thence continuing through
     lands of said Student Association, Inc., outside of and
     excluding an entrance road South 53 degrees 59 minutes East a
     distance of 90.0 feet to a point; thence through and by same by
     a curve bearing to the right having a radius of 50.0 feet
     through an arc distance of 78.5 feet to the point of BEGINNING.
        Containing an area of 8.25 acres.
        (d)  Easements.--The conveyance described in subsection (b)
     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)  Deed.--The deed of conveyance described in subsection
     (b) shall be a special warranty deed and shall be executed by
     the Secretary of General Services in the name of the
     Commonwealth of Pennsylvania.
        (f)  Fees and costs.--Each party shall bear its own fees and
     costs incidental to these conveyances.
     Section 2.  Moosic Realty Company.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Department of Environmental Protection and
     the Governor, is hereby authorized and directed on behalf of the
     Commonwealth of Pennsylvania to grant and convey to Moosic
     Realty Company 14,360 square feet (0.33 acres) of land, more or
     less, as described in section 2 for fair market value as
     determined by independent appraisal.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of ALL THAT CERTAIN tract or lot of land
     situate in the Borough of Moosic, County of Lackawanna, and
     Commonwealth of Pennsylvania, bounded and described in
     accordance with a survey thereof made by, Terrence McAllister,
     P.L.S., on June 14, 2001, as follows, to wit:
        BEGINNING at an iron pin corner marking the northwesterly
     corner of the lands of Melio LoPrete et al and other lands of
     Moosic Realty Company, said iron pin corner also being distant
     one hundred fifty-eight and fifty-four hundredth (158.54) feet
     on a bearing of North forty-two degrees fifty-seven minutes zero
     seconds East from the intersection of the centerline of Brook
     Street extended to the easterly right of way line of Elm Street;
     thence North forty-two degrees fifty-seven minutes zero seconds
     East a distance of forty-three and sixty-three hundredths
     (43.63) feet to a point on the face of the concrete Moosic Flood
     Control Project dike structure; thence along said structure on a
     curve to the left with a radius of six hundred eighty-one and
     zero hundredths (681.00) feet an Arc length of ten and seventy-
     one hundredths (10.71) feet with a Chord bearing of South
     twenty-nine degrees forty-one minutes and forty-seven seconds
     East a distance of ten and seventy-one hundredths (10.71) feet
     to a point of a compound curve at centerline station 189+50.64;
     thence along said structure on a curve to the left with a Radius
     of three hundred fifty-one and zero hundredths (351.00) feet an
     Arc length of one hundred twenty and ninety hundredths (120.90)
     feet with a Chord bearing Of South forty degrees twenty-six
     minutes eighteen seconds a chord distance of one hundred twenty
     and thirty-one hundredths (120.31) feet to a point of a compound
     curve at centerline station 188+37.53; thence along said
     structure on a curve to the left with a Radius of six hundred
     eighty-one and zero hundreds (681.00) feet an Arc length of
     seventy-five and forty-seven hundredths (75.47) feet with a
     chord bearing of south fifty-three degrees twenty-eight minutes
     twenty-three seconds East a chord distance of seventy-five and
     forty-four hundredths (75.44) feet to a point of curve at
     station 187+64.38; thence continuing along said structure south
     fifty-six degrees thirty-nine minutes twenty-three seconds East
     a distance of two hundred fifty-seven and fifty-one hundredths
     (257.51) feet to a point of tangency at station 185+06.47;
     thence continuing along said structure on a curve to the right
     with a Radius of eight hundred fifty-nine and zero hundredths
     (859.00) feet an Arc length of fifty-eight and ninety-seven
     hundredths (58.97) feet with a Chord bearing of south fifty-four
     degrees forty-one minutes twenty three seconds East a chord
     distance of fifty-eight and ninety-six hundredths (58.96) feet
     to a point on a compound curve at station 184+46.06; thence
     along said structure on a curve to the right with a Radius of
     four hundred nineteen (419.00) feet an Arc length of eighty-six
     and twenty-five hundredths (86.25) feet with a Chord bearing
     South forty-six degrees forty-nine minutes thirty-three seconds
     East a chord distance of eighty-six and ten hundredths (86.10)
     feet to a point on the curve; thence leaving the face of the
     concrete structure North eighty-four degrees fifty four minutes
     zero seconds West a distance of sixty-two and ten hundredths
     (62.10) feet to a point on the easterly right-of-way line of Elm
     Street and a perpendicular distance of twenty-nine and seventy-
     eight (29.78) feet from said structure; thence North thirty-
     eight degrees twenty-three minutes fifty-nine seconds West a
     distance of eighty-six and forty-five hundredths (86.45) to a
     point measured on a perpendicular distance of nineteen and zero
     hundredths (19.00) feet to said structure; thence North seventy-
     six degrees thirty minutes fifty-one seconds West a distance of
     seventy-nine and forty-one hundredths (79.41) feet to a point
     measured a perpendicular distance of forty-six and zero
     hundredths (46.00) feet from said structure; thence North
     thirty-eight degrees two minutes twenty-seven seconds West a
     distance of one hundred and twenty-four hundredths (100.24) feet
     to a point measured a perpendicular distance of fourteen and
     zero hundredths (14.00) feet from said structure; thence North
     fifty-seven degrees fifty-one minutes fifty-five seconds West a
     distance of ninety-four and eighty hundredths (94.80) feet to a
     point measured a perpendicular distance of sixteen and zero
     hundredths (16.00) feet from said structure; thence North fifty-
     eight degrees forty-eight minutes eighteen seconds West a
     distance of one hundred forty-five and fifty-three hundredths
     (145.53) feet to a point measured a perpendicular distance of
     thirty-nine and zero hundredths (39.00) feet from said
     structure; thence North thirty-seven degrees fifty-seven minutes
     nineteen seconds West a distance of forty-seven and ninety-nine
     hundredth (47.99) feet to a point measured a perpendicular
     distance of thirty-nine and eighty-seven (39.87) feet from said
     structure; thence North thirty-seven degrees fifty-seven minutes
     nineteen seconds West a distance of seventeen and seventy-two
     hundredths (17.72) to a point and place of beginning.
        CONTAINING 14,360 square feet (0.33 acres) of land, more or
     less.
     EXCEPTING AND RESERVING to the Commonwealth of Pennsylvania, its
     agencies or designees, the area encompassing a twelve (12) foot
     wide earthen berm which runs adjacent to, and parallel with, the
     existing concrete flood control structure.
        (c)  Permanent easement.--The conveyance shall be made under
     and subject to Moosic Realty Company granting and conveying to
     the Commonwealth of Pennsylvania a permanent easement right-of-
     way through lands of Moosic Realty Company situate in the
     Borough of Moosic, County of Lackawanna and Commonwealth of
     Pennsylvania, bounded and described in accordance with a survey
     thereof made by Terrence McAllister, P.L.S., as is hereinafter
     described:
        BEGINNING at a iron pin set at the intersection of the
     southeasterly line of lands of Moosic Realty Company and the
     northerly right of way line of Elm Street, thence North thirty-
     eight degrees twenty-three minutes fifty-nine seconds West a
     distance of twenty-eight and ninety-four feet to a corner;
     thence South Five degrees Six minutes zero seconds West a
     distance of twenty and ninety-one hundredths (20.91) feet to a
     point on the northerly right of way line of Elm Street; thence
     along the northerly right of way line of Elm Street South eight-
     four degrees fifty-four minutes zero seconds East a distance of
     twenty and zero hundredths (20.00) feet to a point on the
     northerly right-of-way line of Elm Street, the place of
     beginning.
        (d)  Easements and restrictions.--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)  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.
        (f)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (g)  Disposal.--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 2405-A of
     the act of April 9, 1929 (P.L.177, No.175), known as The
     Administrative Code of 1929.
     Section 3.  Westmoreland County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Department of Corrections and the Governor,
     is hereby authorized on behalf of the Commonwealth of
     Pennsylvania to grant and convey to the County of Westmoreland
     4.5662 acres of land described in subsection (b). Fair
     consideration for the property shall be an exchange for adjacent
     County of Westmoreland property that is of equal value as
     determined by an independent appraisal. The exchange shall be in
     accordance with an agreement of sale.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of all that certain parcel of land
     situated in Hempfield Township, Westmoreland County,
     Pennsylvania, bounded and described as follows:
        All that certain parcel of land situate in Hempfield
     Township, County of Westmoreland and Commonwealth of
     Pennsylvania, being more particularly bounded and described as
     follows, to wit:
        BEGINNING at a point in the middle of Route 119 (SR 119) on
     the common line property owned by N/F Westmoreland County
     Housing Authority and N/F General State Authority (Regional 5
     Prison) thence following said dividing line N 22 degrees 06'28"W
     a distance of 198.69' to a point being the true place of
     beginning; thence 59 degrees 23'32"W a distance of 548.63' to a
     point; thence N 19 degrees 37'28"W a distance of 502.15' to a
     point; thence N 59 degrees 23'32"E a distance of 233.40' to a
     point on line of lands N/F Westmoreland County; thence along
     lands N/F Westmoreland County S 22 degrees 06'28"E a distance of
     90.46' to an iron pin; thence along same S 67 degrees 06'28"E a
     distance of 226.27' to an iron pin; thence along same N67
     degrees 53'32"E a distance of 130.00' to an iron pin on the
     common property line of lands N/F Westmoreland County and N/F
     Westmoreland County Housing Authority; thence S 22 degrees
     06'28"E a distance of 204.68' to a point being the place of
     beginning.
        Containing an area of 4.5662 acres.
        (c)  Easements.--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 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.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall ensure an exchange of adjacent County of
     Westmoreland property being of equal value as the 4.5662 acres
     described in subsection (b) and consistent with an agreement of
     sale. 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.
        (e)  Fees and costs.--Costs and fees incidental to the
     conveyance authorized by this section shall be borne by the
     grantee.
     Section 4.  Effective date.
        This act shall take effect immediately.