Pennsylvania Act 1998-148 — CONVEYANCE - COMMONWEALTH PROPERTY IN POTTER AND CENTRE COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN POTTER AND CENTRE COUNTIES
                 Act of Dec. 21, 1998, P.L. 1097, No. 148             Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Department of
        Conservation and Natural Resources, to sell and convey to
        Stewardson Township a certain tract of land situate in the
        Township of Stewardson, Potter County, Pennsylvania;
        authorizing and directing the Department of General Services,
        with the approval of the Governor, to purchase certain tracts
        of land situate in Benner Township, Centre County,
        Pennsylvania; and authorizing and directing the Department of
        General Services, with the approval of the Governor, to
        convey to the Centre County Solid Waste Authority certain
        tracts of land situate in College Township, Centre County,
        Pennsylvania.

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

     Section 1.  Potter County conveyance.
        (a)  The Department of General Services, with the approval of
     the Governor and the Department of Conservation and Natural
     Resources, is hereby authorized and directed on behalf of the
     Commonwealth of Pennsylvania to grant, sell and convey to
     Stewardson Township, for fair consideration equal to the fair
     market value as established by an independent appraiser, a tract
     of land as further described below. The property to be conveyed
     is a single tract of land situate in the Township of Stewardson,
     Potter County, Pennsylvania, bounded and described as follows:
        Beginning at the intersection of State Route 144 and the
     center line of Cross Fork Creek; thence easterly along the
     center line of said highway the following courses and distances:
     North 70 degrees 05 minutes 11 seconds East, a distance of 18.14
     feet; thence North 70 degrees 08 minutes 47 seconds East, a
     distance of 72.16 feet; thence North 71 degrees 06 minutes 38
     seconds East, a distance of 70.03 feet; thence North 73 degrees
     45 minutes 19 seconds East, a distance of 73.00 feet; thence
     North 78 degrees 25 minutes 35 seconds East, a distance of 71.58
     feet; thence North 84 degrees 29 minutes 57 seconds East, a
     distance of 72.59 feet; thence South 89 degrees 54 minutes 57
     seconds East, a distance of 67.45 feet; thence South 84 degrees
     33 minutes 11 seconds East, a distance of 65.31 feet; thence
     South 78 degrees 41 minutes 25 seconds East, a distance of 70.24
     feet; thence South 72 degrees 43 minutes 46 seconds East, a
     distance of 74.52 feet; thence South 67 degrees 38 minutes 59
     seconds East, a distance of 71.11 feet; thence South 65 degrees
     08 minutes 53 seconds East, a distance of 37.12 feet, to a point
     in the center line of State Route 144; thence leaving said road,
     South 33 degrees 26 minutes 03 seconds West, a distance of
     230.24 feet, to a point on the Northern edge of Kettle Creek;
     thence down Kettle Creek the following courses and distances:
     North 60 degrees 39 minutes 46 seconds West, a distance of 22.66
     feet; thence North 64 degrees 08 minutes 47 seconds West, a
     distance of 57.11 feet; thence North 53 degrees 40 minutes 22
     seconds West, a distance of 55.82 feet; thence North 58 degrees
     10 minutes 34 seconds West, a distance of 49.92 feet; thence
     North 43 degrees 11 minutes 37 seconds West, a distance of 56.13
     feet; thence North 56 degrees 46 minutes 30 seconds West, a
     distance of 56.79 feet; thence South 88 degrees 27 minutes 55
     seconds West, a distance of 47.81 feet; thence South 78 degrees
     41 minutes 35 seconds West, a distance of 57.19 feet; thence
     South 75 degrees 47 minutes 38 seconds West, a distance of 52.67
     feet; thence North 88 degrees 47 minutes 45 seconds West, a
     distance of 49.91 feet; thence South 84 degrees 43 minutes 40
     seconds West, a distance of 59.07 feet; thence South 69 degrees
     34 minutes 12 seconds West, a distance of 61.40 feet; thence
     South 69 degrees 34 minutes 12 seconds West, a distance of 38.41
     feet, to the center line of Cross Fork Creek; thence North 05
     degrees 07 minutes 34 seconds West, a distance of 79.40 feet,
     along the center line of Cross Fork Creek to the point of
     beginning.
        Containing 2.23 acres, more or less.
        (b)  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 any 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 improvement erected
     thereon.
        (c)  The deed of conveyance authorized by this section shall
     be by special warranty deed and shall contain a clause that the
     Grantee shall utilize the property for municipal purposes. If at
     any time the Grantee or their successor in function conveys said
     property or authorizes or permits said property to be used for
     any purpose other than those aforementioned, the property shall
     immediately revert to and revest in the Commonwealth of
     Pennsylvania.
        (d)  The deed of conveyance authorized by this section shall
     contain a clause that the Grantee shall allow pedestrian access
     across the premises to Kettle Creek and Cross Fork Creek.
        (e)  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. In the event that this conveyance is not executed
     within 12 months of the effective date of this act, the property
     shall be disposed of in accordance with Article XXIV-A of the
     act of April 9, 1929 (P.L.177, No.175), known as The
     Administrative Code of 1929.
        (f)  Costs and fees incidental to the conveyance authorized
     by this section shall be borne by the Grantees.
     Section 2.  Centre County conveyance.
        (a)  Conveyance.--The Department of General Services, with
     the approval of the Governor and the Secretary of Corrections,
     is authorized to convey to the Centre County Solid Waste
     Authority, for a fair consideration, the following tracts of
     land situate in College Township, Centre County, Pennsylvania,
     described as follows:
                               TRACT NO. 1
        All that certain tract of land situated in College Township,
     Centre County, Pennsylvania, being land for the Transfer
     Station, as shown on the Land Development Plan for Dale Summit
     Transfer Station, for the Centre County Solid Waste Authority,
     by Uni-Tec, Inc., State College, Pennsylvania, being bounded and
     described as follows:
        Beginning at an iron pin lying in an easterly right-of-way of
     Transfer Road (60-foot right-of-way) and being a southerly
     corner of lands owned now or formerly by the Commonwealth of
     Pennsylvania, Rockview State Correctional Institution; thence
     along said lands, North 60 degrees, 14 minutes, 15 seconds East,
     360.00 feet to an iron pin; thence continuing along said lands,
     South 71 degrees, 20 minutes, 45 seconds East, 474.61 feet to a
     concrete monument; thence continuing along said lands, South 29
     degrees, 45 minutes, 45 seconds East, 700.00 feet to an iron
     pin; thence continuing along said lands, South 60 degrees, 14
     minutes, 15 seconds West, 675.00 feet to an iron pin lying in a
     northerly line of the Rockview State Correctional Institution
     lands and being an easterly corner of lands owned now or
     formerly by Corning Glass Works (Deed Book 287, Pg. 988); thence
     along the Corning Glass Works lands and lands owned now or
     formerly by the Bellefonte Borough Authority (Deed Book 292, Pg.
     301) and other lands of the Corning Glass Works (Deed Book 287,
     Pg. 988) and along the Transfer Road right-of-way, North 29
     degrees, 45 minutes, 45 seconds West, 1,055.00 feet to an iron
     pin being the place of beginning.
        Containing 15.065 acres.
                               TRACT NO. 2
        All that certain tract of land situated in College Township,
     Centre County, Pennsylvania, being land for the Centre County
     Solid Waste Authority, Dale Summit Transfer Station, as shown on
     the Centre County Solid Waste Authority Dale Summit Transfer
     Station and Recycling Center, Lease No. 2 Site Plan, dated
     September 1993, by Blazosky and Associates, Inc., being bounded
     and described as follows:
        Beginning at an iron pin lying in a westerly line of lands
     owned now or formerly by the Commonwealth of Pennsylvania,
     Department of Corrections, State Correctional Institution at
     Rockview, and being an easterly corner of Lease No. 1 of the
     Centre County Solid Waste Authority, Dale Summit Station; thence
     along said lands, South 60 degrees, 14 minutes, 15 seconds West,
     675.00 feet to an iron pin, lying in a westerly line of said
     lands and lying in an easterly line of lands owned now or
     formerly by Corning Glass Works; thence along said line and
     lands owned now or formerly by Bellefonte Borough Water
     Authority and lands of the Commonwealth of Pennsylvania,
     Department of Corrections, South 29 degrees, 45 minutes, 45
     seconds East, 203.62 feet to an iron pin; thence continuing
     along said lands, South 55 degrees, 58 minutes, 18 seconds West,
     417.75 feet to a point; thence South 27 degrees, 07 minutes, 53
     seconds East, 337.04 feet to a point; thence South 38 degrees,
     30 minutes, 04 seconds East, 72.14 feet to a point; thence South
     54 degrees, 31 minutes, 34 seconds East, 54.01 feet to a point;
     thence South 66 degrees, 52 minutes, 35 seconds East, 42.04 feet
     to a point; thence North 46 degrees, 17 minutes, 39 seconds
     East, 277.98 feet to a point; thence North 36 degrees, 02
     minutes, 19 seconds East, 62.41 feet to a point; thence North 20
     degrees, 33 minutes, 58 seconds East, 126.37 feet to a point;
     thence North 36 degrees, 37 minutes, 58 seconds East, 54.59 feet
     to a point; thence North 48 degrees, 13 minutes, 53 seconds
     East, 186.58 feet to a point; thence North 64 degrees, 01
     minute, 08 seconds East, 194.74 feet to a point; thence North 55
     degrees, 31 minutes, 41 seconds East, 197.97 feet to a point;
     thence North 29 degrees, 45 minutes, 45 seconds West, 487.93
     feet to an iron pin being the place of beginning.
        Containing 12.35 acres.
                               TRACT NO. 3
        All that certain parcel of land situated in College Township,
     Centre County, Pennsylvania, being a western portion of lands
     now or formerly of Rockview State Penitentiary which lie south
     of lands now or formerly of the Nittany and Bald Eagle Railroad
     Company (a 60-foot-wide right-of-way), east of Transfer Road (a
     60-foot-wide right-of-way) and north of lands now or formerly of
     the Centre County Solid Waste Authority, more particularly
     bounded and described as follows:
        Beginning at a concrete monument at the intersection of the
     eastern right-of-way line of Transfer Road (a 60-foot-wide
     right-of-way) with the southern right-of-way line of the Nittany
     and Bald Eagle Railroad Company (a 60-foot-wide right-of-way) at
     the northwestern corner of the herein-described parcel;
        Thence along said southern right-of-way line of the Nittany
     and Bald Eagle Railroad Company (a 60-foot-wide right-of-way)
     the following two (2) courses:
        (1)  North 51 degrees 49 minutes 48 seconds east, 33.60 feet
     to a point of curvature; thence
        (2)  By the arc of a curve to the left having a radius of
     11,525.46 feet, central angle of 03 degrees 14 minutes 25
     seconds, chord bearing and distance of north 50 degrees 12
     minutes 38 seconds east, 651.71 feet, an arc distance of 651.80
     feet to a point at the northeastern corner of the herein-
     described parcel;
        Thence through lands now or formerly of Rockview State
     Penitentiary south 29 degrees 45 minutes 45 seconds east,
     1067.46 feet to a point at the common northeastern corner of
     lands now or formerly of the Centre County Solid Waste Authority
     and the southeastern corner of the herein-described parcel;
        Thence along said lands of the Centre County Solid Waste
     Authority the following two (2) courses:
        (1)  North 71 degrees 20 minutes 45 seconds west, 474.61 feet
     to a point; thence
        (2)  South 60 degrees 14 minutes 15 seconds west, 360.00 feet
     to a point in said eastern right-of-way line of Transfer Road (a
     60-foot-wide right-of-way) at the common northwestern corner of
     said lands of the Centre County Solid Waste Authority and the
     southwestern corner of the herein-described parcel;
        Thence along said eastern right-of-way line of Transfer Road
     (a 60-foot-wide right-of-way) north 29 degrees 45 minutes 45
     seconds west, 594.07 feet to the point of beginning.
        Containing 11.3534 acres of land gross area.
        (b)  Costs and fees.--The costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (c)  Reverter clause.--The deed of conveyance authorized
     under this section shall contain a clause which provides for its
     reversion to the Commonwealth should the property cease to be
     used for Centre County Solid Waste Authority purposes.
        (d)  Easements and other interests.--The conveyance shall be
     made under and subject to all easements, servitudes and rights
     of others, including, but not confined to, streets, roadways and
     rights of any telephone, telegraph, water, electric, sewer, gas
     or pipeline companies, as well as under and subject to any
     interest, estates or tenancies vested in third persons, whether
     or not appearing of record, for any portion of the land or
     improvements erected thereon.
        (e)  Approval and execution.--The deed of conveyance 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.
        (f)  Costs and fees.--Costs and fees incidental to the
     conveyance authorized by this section shall be borne by the
     Grantee.
     Section 3.  Centre County acquisition.
        (a)  The Department of General Services, with the approval of
     the Governor, is authorized to purchase on behalf of the
     Department of Corrections, for fair market value as determined
     by an independent appraisal, the following tracts of land
     situate in Benner Township, Centre County, Pennsylvania,
     described as follows:
                               TRACT NO. 1
        Beginning at a rock oak; thence by land of Valentins, South
     30 degrees East, 85 perches to a red oak; thence North 72
     degrees East, 32 perches; thence by land of Christian Dale,
     North 2 degrees East, 40 perches to a rock oak; thence North 33
     degrees West, 24 perches to a chestnut oak; thence North 57
     degrees East, 10 perches to a chestnut oak; thence by land of J.
     Noll, North 26 degrees West, 18 perches to a black oak; thence
     North 42 degrees West, 20 perches to stones; thence South 58
     degrees West, 60 perches to the place of beginning.
        Containing approximately 28.86 acres and being known as
     Centre County Uniform Parcel Identifier Tax Parcel Number 12-05-
     036.
                               TRACT NO. 2
        Beginning at a red oak; thence by land of Wistars, South 57
     degrees West, 40 5/10 perches to stones; thence by land of
     William Simmons heirs, South 42 degrees East, 20 perches to
     black oak; thence by same, South 26 degrees East, 18 perches to
     chestnut oak; thence by same, South 57 degrees West, 10 perches
     to chestnut oak; thence by same, South 33 degrees East, 24
     perches to chestnut oak; thence by land of Siney Hoy, North 57
     degrees East, 55 perches to stones; thence by land of Henry
     Noll, North 38 degrees West, 61 perches to the place of
     beginning and being known as Centre County Uniform Parcel
     Identifier Tax Parcel Number p/o 12-5/36.
        Being the same premises which became vested in Neil Walker
     the Grantor herein by a Decree Awarding Real Estate from the
     Margaret A. Hild Estate dated October 27, 1994, as recorded in
     Centre County Record Book 784, Page 978.
        Containing approximately 17.46 acres and being known as
     Centre County Uniform Parcel Identifier Tax Parcel Number 12-05-
     036.
        Both parcels being the same premises as described in Centre
     County Deed Book 195, Page 385, consisting of approximately
     46.32 acres.
        (b)  The costs and fees incurred by the Department of General
     Services for the acquisition of the tracts of land described in
     this section shall be reimbursed by the Department of
     Corrections.
     Section 4.  Effective date.
        This act shall take effect immediately.