Pennsylvania Act 2008-94 — CONVEYANCE - COMMONWEALTH PROPERTY LOCATED IN SOLEBURY TOWNSHIP, BUCKS COUNTY AND CITY OF PHILADELPHIA

Act text

CONVEYANCE - COMMONWEALTH PROPERTY LOCATED IN SOLEBURY TOWNSHIP, BUCKS
                     COUNTY AND CITY OF PHILADELPHIA
                  Act of Oct. 8, 2008, P.L. 1105, No. 94              Cl. 85
                                  AN ACT

     Authorizing the Pennsylvania Fish and Boat Commission to grant
        and convey to Solebury Township, certain lands situate in
        Solebury Township, Bucks County; and authorizing the
        Department of General Services, with the approval of the
        Governor, to convey a certain easement in the City of
        Philadelphia.

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

     Section 1.  Solebury Township, Bucks County.
        (a)  Authorization.--Under the requirements of section 20(b)
     of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as
     the Project 70 Land Acquisition and Borrowing Act, the
     Pennsylvania Fish and Boat Commission is hereby authorized on
     behalf of the Commonwealth of Pennsylvania to grant and convey
     to Solebury Township a portion of its Ingham Spring property,
     known as the Kate Smith Tract situate in Solebury Township,
     Bucks County, and acquired by the commission by deed recorded in
     the Bucks County Recorder of Deeds Office in Deed Book 1848,
     Page 949. The commission is further authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey to Solebury
     Township a portion of its Ingham Spring property, known as the
     Judy Tract, situate in Solebury Township, Bucks County, and
     acquired by the commission by deed recorded in Bucks County
     Recorder of Deeds Office Book 577, Page 223.
        (b)  Description.--The property to be conveyed pursuant to
     this section consists of approximately 47.986 acres, and all
     improvements thereon, bounded and more particularly described as
     follows:
     TRACT NO. 1
     Premises "A"
     ALL THAT CERTAIN messuage and lot or piece of ground with the
     spring or springs of water arising thereout, formerly known as
     the Ingham Spring, situate in the Township of Solebury, County
     of Bucks and Commonwealth of Pennsylvania, bounded and described
     as follows, to wit:
     BEGINNING at a point in the middle of a public road called
     Spring Road (now Lower Mountain Road) which leads into the
     Lahaska and New Hope Turnpike Road (now State Route 202); thence
     extending along the middle of the said Spring Road North 14
     degrees 50 minutes East 15.14 perches to another point, in the
     middle of the said Spring Road; thence still extending along the
     middle of the said road North 32 degrees East 26.14 perches to
     another point in the middle of the Lahaska and New Hope Turnpike
     Road; thence along the middle of the last mentioned Road North
     71.5 degrees East 22.62 perches to another point in the middle
     of said Turnpike Road; thence extending by lands formerly of
     Andrew Jackson Beaumont now or late of Richard V. Mattison,
     South 10.75 degrees East 45.17 perches to a corner in other land
     formerly of Andrew Jackson Beaumont, now or late of the Solebury
     Deer Park Association; thence by the same land South 80 degrees
     West 27.01 perches to a stake; thence still by the same land
     South 75 degrees 50 minutes West 3.06 perches to a stump; and
     thence still by the same land North 72 degrees 25 minutes West
     19.64 perches to the place of BEGINNING.
     CONTAINING 10 acres of land, more or less.
     EXCEPTING AND RESERVING all that certain messuage and lot or
     piece of ground with a spring of water arising there out,
     formerly known as the Ingham Spring, situate in the Township of
     Solebury, County of Bucks and Commonwealth of Pennsylvania,
     bounded and described as follows, to wit:
     BEGINNING at a point in the center of Lower Mountain Road also
     known as Spring Road being the southwestern most point and point
     of beginning of the aforementioned parcel; thence continuing
     along the centerline of the said road North 14 degrees 44
     minutes 5 seconds East 120 feet to a point; thence South 75
     degrees 15 minutes 55 seconds East 50 feet to a point; thence
     South 15 degrees 55 minutes 30 seconds East 146.77 feet to a
     point on the common line of lands now or formerly of Solebury
     Deer Park; thence North 72 degrees 23 minutes 52 seconds West
     125 feet to the point of BEGINNING.
     CONTAINING 0.244 acres of land, more or less.
     Premises "B"
     ALL THAT CERTAIN tract or piece of land situate in Solebury
     Township, on which is a body of water known as the "Big Dam,"
     bounded and described as follows, to wit:
     BEGINNING at an iron pin in the middle of the New Hope and
     Lahaska Turnpike Road a corner of land formerly of Henry C. Ward
     and Charles G. Foster, now or late of Richard V. Mattison;
     thence along the middle of said Turnpike North 71.5 degrees East
     48.71 perches to an iron pin a corner of land now of late of
     Thomas T. Pool; thence along said land at a right angle with the
     middle of the said Turnpike South 18.5 degrees East 52.30
     perches, (said line being 72 feet East or below the overflow in
     the head race from said dam) to a stake in line of land
     belonging now or late to Solebury Deer Park Association; thence
     along said land South 80 degrees West 55.80 perches to a stake a
     corner of land of said Henry C. Ward and Charles G. Foster;
     thence along the same North 10 degrees 40 minutes West 45.17
     perches to the place of BEGINNING.
     CONTAINING 15 acres and 115 square perches of land, more or
     less.
     TRACT NO. 2
     BEGINNING at a point in the center line of U.S. Route 202;
     thence and by the center line of U.S. Route 202 North 71 degrees
     50 minutes East a distance of 310.7 feet, more or less, to a
     point; thence and continuing by the center line of U.S. Route
     202 North 72 degrees 30 minutes East a distance of 637.3 feet,
     more or less, to a point, said point being the northeast corner
     of the herein described tract; thence South 17 degrees 26
     minutes East a distance of 1,104.86 feet, more or less, to a
     point; thence South 71 degrees 22 minutes West a distance of
     403.23 feet, more or less, to a point; thence South 85 degrees
     57 minutes West a distance of 172 feet, more or less, to a
     point; thence North 21 degrees 55 minutes West a distance of 162
     feet, more or less, to a point; thence South 79 degrees 45
     minutes West a distance of 354.8 feet, more or less, to a point;
     thence North 18 degrees 10 minutes West a distance of 863.12
     feet, more or less, to the point and place of BEGINNING.
     CONTAINING 22.51 acres of land, more or less.
        (c)  Purpose of conveyance.--The Pennsylvania Fish and Boat
     Commission is authorized to convey the property described in
     subsection (b) to Solebury Township, Bucks County, to be used
     for recreation, conservation and historical purposes, as said
     purposes are defined in the Project 70 Land Acquisition and
     Borrowing Act. The commission shall convey the property to the
     township for fair market value as determined by a licensed
     certified appraiser conforming to the Uniform Appraisal
     Standards for Federal Land Acquisitions and taking into account
     the restrictive covenants, easements and reservations set forth
     in the agreement between the commission and the township for the
     property and made part of the public record.
        (d)  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, and the agreement described
     in subsection (c), as well as under and subject to any lawful
     and enforceable estates or tenancies vested in third persons
     appearing of record or visible in the field, for any portion of
     the land or improvements erected thereon.
        (e)  Land use restriction.--All deeds or leases authorized or
     referred to under this section shall be made under and subject
     to the condition, which shall be contained in the deed or lease
     documents, that no portion of the parcels 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 the laws of this Commonwealth. This condition shall be a
     covenant running with the land and shall be binding upon the
     deed or lease or sublessees and their respective successors and
     assigns. Should any portion of any parcel authorized for
     conveyance under this section be used in violation of this
     subsection, the title shall immediately revert to and revest in
     the grantor.
        (f)  Execution of deed.--The deed of conveyance from the
     commission to the township shall be a special warranty deed and
     shall be executed by the executive director of the commission in
     the name of the Commonwealth of Pennsylvania for use by the
     commission and shall be approved for legality and form by the
     commission's counsel and the Office of Attorney General.
        (g)  Costs and fees.--All costs and fees incidental to this
     conveyance shall be borne by the township and provided for at
     closing.
        (h)  Deposit of proceeds.--All proceeds from the sale of the
     property described in subsection (b) shall be deposited in a
     restricted revenue account within the Fish Fund and used for the
     acquisition of lands meeting the standards for acquisition
     described in section 18(b) of the act of June 22, 1964
     (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
     Acquisition and Borrowing Act.
        (i)  Reversion.--In the event the property described in
     subsection (b) is not used for recreation, conservation and
     historical purposes, as defined in the Project 70 Land
     Acquisition and Borrowing Act, ownership of the property shall
     revert to the Commonwealth. This provision shall be specified in
     the deed of conveyance.
     Section 2.  Conveyance in the City of Philadelphia.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized on behalf of
     the Commonwealth of Pennsylvania to grant and convey to the City
     of Philadelphia, or its assigns, an easement for sanitary sewer
     purposes, across lands of the Commonwealth of Pennsylvania
     situate in the City of Philadelphia, Commonwealth of
     Pennsylvania, for one dollar.
        (b)  Description of easement.--The easement to be conveyed
     pursuant to this section is more particularly described as
     follows:
     ALL THAT CERTAIN right-of-way or easement of land situate in the
     city of Philadelphia, and Commonwealth of Pennsylvania as shown
     on a plan entitled "Sanitary Right-of-Way Plan", prepared by
     Langan Engineering & Environmental Services, Inc., dated
     10/10/07 and being more fully bounded and described as follows:
     BEGINNING at the point on the southerly line of lands now or
     formerly of the Commonwealth of Pennsylvania, said point being
     measured the following 3 courses from the intersection of the
     northeasterly right-of-way line of Southampton Road (60 feet
     wide) and the southeasterly right-of-way line of Carter Road;
     thence,
     a)  Along the southeasterly right-of-way line of Carter Road,
     North 41 degrees 04 minutes 22 seconds East, a distance of
     1403.310 feet; thence,
     b)  Still along the same, North 46 degrees 06 minutes 32 seconds
     East, a distance of 928.552 feet; thence,
     c)  Leaving said line of Carter Road and extending along the
     line of lands now or formerly of the Commonwealth of
     Pennsylvania, South 43 degrees 53 minutes 28 seconds East, a
     distance of 332.934 feet to the point of beginning; thence,
        1.  North 11 degrees 12 minutes 07 seconds East, a distance
     of 89.980 feet to a point; thence,
        2.  South 78 degrees 47 minutes 53 seconds East, a distance
     of 50.000 feet to a point; thence,
        3.  South 11 degrees 12 minutes 07 seconds West, a distance
     of 124.869 feet to a point; thence,
        4.  North 43 degrees 53 minutes 28 seconds West a distance of
     60.970 feet to the first mentioned point and place of BEGINNING.
     Encompassing an area of 5,371 square feet or 0.123 acres of
     land, more or less.
        (c)  Conditions of conveyance.--The conveyance shall be made
     under and subject to all lawful and enforceable easements,
     servitudes and rights of others, including, but not limited 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 of easement.--The deed of easement shall contain
     such terms and conditions as shall be acceptable to the
     Department of General Services and 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)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee and paid to the
     Department of General Services.
     Section 3.  Effective date.
        This act shall take effect immediately.