Pennsylvania Act 2000-97 — CONVEYANCE - AMEND COMMONWEALTH PROPERTY IN VARIOUS COUNTIES

Act text

CONVEYANCE - AMEND COMMONWEALTH PROPERTY IN VARIOUS COUNTIES
                  Act of Dec. 20, 2000, P.L. 712, No. 97              Cl. 85
                             Session of 2000
                               No. 2000-97

     SB 1468

                                  AN ACT

     Amending the act of June 25, 1999 (P.L.205, No.27), entitled "An
        act authorizing the Department of General Services, with the
        approval of the Governor, to convey to East Allen Township,
        Northampton County, certain land situate in East Allen
        Township, Northampton County, and to convey to the trustees
        of the University of Pittsburgh certain land situate in the
        City of Pittsburgh, Allegheny County; and authorizing and
        directing the State Armory Board of the Department of
        Military and Veterans Affairs and the Department of General
        Services, with the approval of the Governor, to convey to the
        Historical and Genealogical Society of Indiana County a tract
        of land situate in the Borough of Indiana, County of Indiana,
        Pennsylvania," further providing for the purpose of the
        conveyance; authorizing and directing the Department of
        General Services, with the approval of the Governor and
        Department of Transportation, to sell and convey to the
        Borough of Hollidaysburg certain land situate in the Borough
        of Hollidaysburg, Blair County, Pennsylvania; authorizing the
        Department of General Services, with the approval of the
        Governor, to convey a tract of land in the Borough of
        Selinsgrove, Snyder County, to the Eastern Snyder County
        Regional Authority in exchange for another tract of land in
        the Borough of Selinsgrove, Snyder County; authorizing and
        directing the Department of General Services, with the
        approval of the Governor, to grant and convey to Snyder
        County certain lands situate in Penn Township; authorizing
        conveyance of certain lands to Warren County; and authorizing
        conveyance to Warren County of certain lands situate in
        Conewango Township.

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

        Section 1.  The title of the act of June 25, 1999 (P.L.205,
     No.27), entitled "An act authorizing the Department of General
     Services, with the approval of the Governor, to convey to East
     Allen Township, Northampton County, certain land situate in East
     Allen Township, Northampton County, and to convey to the
     trustees of the University of Pittsburgh certain land situate in
     the City of Pittsburgh, Allegheny County; and authorizing and
     directing the State Armory Board of the Department of Military
     and Veterans Affairs and the Department of General Services,
     with the approval of the Governor, to convey to the Historical
     and Genealogical Society of Indiana County a tract of land
     situate in the Borough of Indiana, County of Indiana,
     Pennsylvania," is amended to read:
                                  AN ACT
     Authorizing the Department of General Services, with the
        approval of the Governor, to convey to East Allen Township,
        Northampton County, certain land situate in East Allen
        Township, Northampton County, and to convey to the trustees
        of the University of Pittsburgh certain land situate in the
        City of Pittsburgh, Allegheny County; [and] authorizing and
        directing the State Armory Board of the Department of
        Military and Veterans Affairs and the Department of General
        Services, with the approval of the Governor, to convey to the
        Historical and Genealogical Society of Indiana County a tract
        of land situate in the Borough of Indiana, County of Indiana,
        Pennsylvania[,]; authorizing and directing the Department of
        General Services, with the approval of the Governor and
        Department of Transportation, to sell and convey to the
        Borough of Hollidaysburg certain land situate in the Borough
        of Hollidaysburg, Blair County, Pennsylvania; authorizing the
        Department of General Services, with the approval of the
        Governor, to convey a tract of land in the Borough of
        Selinsgrove, Snyder County, to the Eastern Snyder County
        Regional Authority in exchange for another tract of land in
        the Borough of Selinsgrove, Snyder County; and authorizing
        and directing the Department of General Services, with the
        approval of the Governor, to grant and convey to Snyder
        County certain lands situate in Penn Township.
        Section 2.  Section 1(e) of the act is amended to read:
      Section 1.  East Allen Township, Northampton County.
        * * *
        (e)  Purpose.--Notwithstanding the provisions set forth in
     subsection (d), the deed of conveyance shall contain a clause
     that the land conveyed shall be used only for purposes which are
     compatible to the provisions under the Surplus Property
     Disposition Plan No. 1 of 1995 or for other municipal purposes.
        * * *
        Section 3.  The act is amended by adding sections to read:
      Section 4.1.  Hollidaysburg Borough, Blair County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and Department of Transportation,
     is hereby authorized and directed on behalf of the Commonwealth
     of Pennsylvania to grant, sell and convey by special warranty
     deed to the Borough of Hollidaysburg for fair consideration
     equal to the fair market value as determined by an independent
     appraisal the tract of land and buildings described in
     subsection (b).
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) is the following tract of land consisting of the
     Department of Transportation's Blair County Maintenance Facility
     situate in the Borough of Hollidaysburg, Blair County,
     Pennsylvania, bounded and described as follows:
        BEGINNING at an iron pin on the northeasterly side of Bedford
     Street, said iron pin being N. 30 degrees 40 minutes W. and
     sixty-five (65) feet from an angle point in said street; thence
     by lot No. 2, land N/F of Hollidaysburg Union Prayer Band, N. 59
     degrees 20 minutes E. one hundred thirty-nine and eighty-five
     one-hundredths (139.85) feet to a tack in a 4-inch stake on the
     westerly bank of the Frankstown Branch of the Juniata River;
     thence S. 32 degrees 6 minutes E. ninety-three and seventy-four
     one-hundredths (93.74) feet to a stake on the westerly bank of
     the Frankstown Branch of the Juniata River; thence S. 32 degrees
     17 minutes E. one hundred fifty-three and ninety-five one-
     hundredths (153.95) feet to a tack in a 4-inch post on the
     westerly bank of the Frankstown Branch of the Juniata River and
     on the northwesterly side of a fifteen (15) foot alley; thence
     along the northwesterly side of said alley S. 70 degrees 45
     minutes W. one hundred seventy-nine and eight-tenths (179.8)
     feet to a tack in a 6 inch post at the intersection of the
     northwesterly side of said alley and the easterly side of
     Bedford Street; thence along the easterly side of Bedford Street
     N. 19 degrees 15 minutes W. one hundred fifty (150) feet to a
     tack in a 6-inch post at an angle point in Bedford Street;
     thence by the northeasterly side of Bedford Street N. 30 degrees
     40 minutes W. sixty-five (65) feet to the point of beginning.
        CONTAINING 0.8158 of an acre, more or less.
        (c)  Condition.--The conveyance authorized by this section is
     subject to the Commonwealth of Pennsylvania's completion of a
     new maintenance shed for the Pennsylvania Department of
     Transportation, hereinafter referred to as PADOT, and PADOT
     vacating the above-described tract of land.
        (d)  Easements.--The conveyance authorized by this section
     shall be made under and subject to all lawful and enforceable
     easements, servitudes, infringements known or unknown 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 improvements erected thereon.
        (e)  Restrictions.--The deed of conveyance shall contain a
     clause that the property conveyed shall be used for municipal
     purposes, and if at any time the Borough of Hollidaysburg or its
     successor in function conveys the property or permits the
     property to be used for any purpose other than that specified in
     this subsection, the title to the property shall immediately
     revert to and revest in the Commonwealth of Pennsylvania.
        (f)  Execution.--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 or within 12 months of PADOT vacating the premises,
     whichever is later, the property may 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.
        (g)  Government approvals.--Grantee shall be solely
     responsible to obtain all required subdivision approvals and all
     other governmental approvals necessary for the transfer or
     intended use of the transferred tract and its buildings required
     as a result of this conveyance. All fees and costs associated
     with obtaining the subdivision or other approvals shall be borne
     by the Grantee.
        (h)  Costs and fees.--All other costs and fees incidental to
     the conveyance, including, but not limited to, appraisal fees,
     title insurance, survey, authorized by this section shall be
     borne by the Grantee.
        (i)  General fund.--Proceeds from this sale shall be
     deposited in the General Fund.
      Section 4.2.  Conveyance to Eastern Snyder County Regional
                Authority.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized and directed
     to convey to the Eastern Snyder County Regional Authority the
     tract of land described in subsection (b) in exchange for the
     tract of land described in subsection (c).
        (b)  Land to be conveyed from the Commonwealth.--All that
     certain tract or parcel of land situate in the Borough of
     Selinsgrove, Snyder County, Pennsylvania, being bounded and
     described as follows:
        BEGINNING at a point on the Northern right-of-way line of
     Sandhill Road, said point being in the center of the described
     30-foot wide easement;
        1.  Thence thru the lands of the Commonwealth of Pennsylvania
            North forty degrees twenty-nine minutes East a distance
            of fifty-eight and seventy-nine hundredths feet to a
            point;
        2.  Thence thru the same North ten degrees twenty-nine
            minutes East a distance of one hundred thirty-four and
            seventy-eight hundredths feet to a point;
        3.  Thence thru the same North forty degrees twenty-nine
            minutes East a distance of four hundred ninety-six feet
            to a point at the end of said easement.
        (c)  Land to be conveyed to the Commonwealth.--ALL that
     certain tract or parcel of land situate in the Borough of
     Selinsgrove, Snyder County, Pennsylvania, being bounded and
     described as follows:
        BEGINNING at a point on the Northerly right-of-way line of
     Sandhill Road. Said point being a distance of twenty-seven and
     thirty hundredths feet and measured in a Easterly direction
     along said Northerly right-of-way line from the intersection of
     said right-of-way line with the Westerly line of property of the
     Commonwealth of Pennsylvania.
        1.  Thence North eleven degrees, eleven minutes, sixteen
            seconds East a distance of three hundred twenty-six and
            ninety-five hundredths feet to an existing manhole.
        2.  Thence South seventy-eight degrees, fifty-one minutes,
            twenty-nine seconds East a distance of three hundred
            seventeen and fifty-seven hundredths feet to an existing
            manhole.
        3.  Thence North eighty-six degrees, four minutes, thirty-one
            seconds East a distance of seventy-six and five
            hundredths feet to an existing manhole.
        4.  Thence North thirty-six degrees, fifty-one minutes,
            forty-four seconds East a distance of one hundred eighty-
            six feet to a point located South thirty-six degrees,
            fifty-one minutes, forty-four seconds West twelve feet
            from an existing manhole.
     The above described right-of-way is thirty feet wide. Fifteen
     feet on each side of the existing sewer line with the exception
     of line number 2 where the right-of-way is ten feet on the South
     side and fifteen feet on the North side. Being part of the same
     right-of-way as described in Deed Book 144, Page 312.
        (d)  Deed.--The deed of conveyance shall be approved as
     provided by law and shall be executed by the Department of
     General Services in the name of the Commonwealth.
        (e)  Costs and fees.--The costs and fees incidental to this
     conveyance shall be borne by the grantee.
      Section 4.3.  Penn Township, Snyder County.
        (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 Snyder County certain land described in subsection (b)
     for fair market value as determined by independent appraisal.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately seven acres bounded and
     more particularly described as follows:
        Beginning at a found iron spike in the centerline of State
     Route 1010 (Old Colony Road - formerly Legislative Route 54068);
     said iron spike marking the southeasterly corner of other land
     now or formerly of Snyder County. Thence along said other land
     now or formerly of Snyder County, the following 5 courses and
     distances:
            (1)  N 45 degrees 45 minutes 00 seconds W a distance of
        247.34 feet to a point;
            (2)  N 26 degrees 08 minutes 40 seconds W a distance of
        315.10 feet to a found iron pin;
            (3)  S 81 degrees 18 minutes 00 seconds W a distance of
        339.28 feet to a point:
            (4)  S 00 degrees 33 minutes 10 seconds E a distance of
        207.42 feet to a found iron pin; and
            (5)  S 15 degrees 14 minutes 00 seconds E a distance of
        345.87 feet to a point in the centerline of aforesaid State
        Route 1010.
        Thence through land of the Commonwealth of Pennsylvania, of
     which the land herein described is a part, the following 7
     courses and distances:
            (1)  S 65 degrees 39 minutes 10 seconds W a distance of
        10.99 feet, to a set nail in the centerline of said State
        Route 1010;
            (2)  N 26 degrees 06 minutes 10 seconds W, passing
        through a set iron pin at a distance of 16.51 feet, a total
        distance of 708.31 feet to a set iron pin;
            (3)  N 87 degrees 03 minutes 40 seconds E a distance of
        555.08 feet to a set iron pin;
            (4)  S 84 degrees 24 minutes 50 seconds E a distance of
        583.16 feet to a set iron pin;
            (5)  S 06 degrees 39 minutes 00 seconds W, passing
        through a set iron pin at a distance of 473.34 feet, a total
        distance of 489.84 feet to a set nail in the centerline of
        aforesaid State Route 1010;
            (6)  N 83 degrees 21 minutes 00 seconds W a distance of
        143.05 feet to a set nail in the centerline of said State
        Route 1010; and
            (7)  on an arc concave to the south; having a radius of
        572.96 feet, a chord bearing of N 86 degrees, 08 minutes, 50
        seconds W, and a chord distance of 55.89 feet; an arc
        distance of 55.91 feet to the place of beginning.
        Containing an area of 7 acres of land.
        Being all of Lot Number 1, as shown on the Plan of
     Subdivision for Snyder County Commissioners, as prepared by
     Gerald E. Bickhart & Sons, Inc., dated 03-31-94, and recorded in
     Snyder County Map File number 2275.
        (c)  Easements.--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.
        (d)  Release of restrictions.--Restrictions imposed under the
     act of January 19, 1968 (1967 P.L.992, No.442), entitled "An act
     authorizing the Commonwealth of Pennsylvania and the local
     government units thereof to preserve, acquire or hold land for
     open space uses," upon the use of the property described under
     section 2 are hereby released.
        (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)  Alternative disposition.--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 2406-A of the act of April 9, 1929 (P.L.177,
     No.175), known as The Administrative Code of 1929.
     Section 4.  Warren County conveyance.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Public
     Welfare, is hereby authorized on behalf of the Commonwealth of
     Pennsylvania to grant and convey to Warren County 15 acres of
     vacant land, more or less, described in subsection (b) for fair
     market value as determined by independent appraisal.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of the 15 acres of vacant land, more or
     less, bounded and more particularly described as follows:
        BEGINNING at a Rebar and Cap (Found) at the Northeast corner
     of Lands of the North Warren Municipal Authority and the West
     Right-of-Way line of S.R.0062,
     Thence North 78 degrees 40 minutes 19 seconds West a distance of
     605.00 Feet to a Point, said point being a Rebar and Cap (Set),
     Thence North 26 degrees 48 minutes 38 seconds East a distance of
     1133.75 Feet to a point, said point being a Rebar and Cap (Set),
     Thence North 52 degrees 55 minutes 39 seconds East a distance of
     320.69 Feet to a Point, said point being a Rebar and Cap (Set),
     Thence South 84 degrees 09 minutes 01 second East a distance of
     237.80 Feet to a Point, said point being a Rebar and Cap (Set),
     Thence South 04 degrees 21 minutes 58 seconds West a distance of
     74.75 Feet to a Point, said point being a Fence Corner (Found),
     Thence South 18 degrees 17 minutes 11 seconds West a distance of
     1290.43 Feet to a Point, said point being the Place of
     Beginning.
     The above-described parcel contains or is said to contain
     653,402 square feet or 15.000 acres of land more or less.
        (c)  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 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.--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.
        (e)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the Grantee.
        (f)  Proceeds.--The proceeds from the sale shall be placed in
     the General Fund.
      Section 5.  Warren County conveyance in Conewango Township.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Public
     Welfare, is hereby authorized on behalf of the Commonwealth of
     Pennsylvania to grant and convey to Warren County 22.7451 acres
     of vacant land, more or less, described in subsection (b) 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 piece or parcel of
     land situate in Conewango Township, Warren County, Pennsylvania,
     bounded and described as follows:
        BEGINNING at the point of intersection of the northerly
     right-of-way line of Jackson Run Road with the northwesterly
     right of way of Market Street Extension (Route 62);
     THENCE North 39 degrees 12 minutes 07 seconds West along said
     northerly right-of-way line of Jackson Run Road a distance of
     213.40 feet to a point of curvature;
     THENCE northwesterly along said northerly right-of-way line
     along the arc of a curve concave to the southwest having a
     central angle of 12 degrees 04 minutes 30 seconds, a radius of
     980.37 feet, a distance of 206.61 feet to a point of tangency;
     THENCE North 51 degrees 16 minutes 37 seconds West along said
     right-of-way line a distance of 443.73 feet to a point of
     curvature;
     THENCE northwesterly along said northerly right-of-way line
     along the arc of a curve concave to the southwest having a
     central angle of 15 degrees 43 minutes 30 seconds, a radius of
     1067.14 feet, a distance of 392.88 feet to a point of tangency;
     THENCE North 67 degrees 00 minutes 07 seconds West along said
     northerly right-of-way line a distance of 120.76 feet to the
     easterly line of the Warren State Hospital Cemetery;
     THENCE North 27 degrees 08 minutes 51 seconds East along the
     said easterly line of the cemetery a distance of 390.10 feet;
     THENCE North 86 degrees 20 minutes 58 seconds East a distance of
     92.88 feet;
     THENCE North 51 degrees 19 minutes 50 seconds East a distance of
     228.53 feet;
     THENCE North 90 degrees 00 minutes 00 seconds East a distance of
     679.09 feet;
     THENCE South 23 degrees 37 minutes 03 seconds East a distance of
     120.87 feet;
     THENCE South 55 degrees 32 minutes 09 seconds East a distance of
     118.17 feet;
     THENCE South 79 degrees 56 minutes 49 seconds East a distance of
     104.60 feet to a point on the westerly right-of-way line of said
     Market Street Extension;
     THENCE South 33 degrees 13 minutes 34 seconds West along said
     westerly right-of-way a distance of 75.20 feet;
     THENCE South 18 degrees 17 minutes 41 seconds West along said
     right-of-way a distance of 200.00 feet;
     THENCE South 15 degrees 34 minutes 55 seconds West along said
     westerly right-of-way a distance of 800.86 feet;
     THENCE South 04 degrees 15 minutes 31 seconds West along said
     westerly right-of-way a distance of 41.23 feet;
     THENCE South 73 degrees 15 minutes 42 seconds West along said
     right-of-way a distance of 68.48 feet to the Point of Beginning.
     Containing 22.7451 acres of vacant land more or less.
        (c)  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 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.--
            (1)  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.
            (2)  The deed of conveyance shall contain a condition
        reciting that the land herein conveyed shall be used for open
        space or agricultural purposes, and, if at any time Warren
        County or its successors in function conveys said property or
        authorizes or permits said property to be used for any
        purpose other than those aforementioned, the title to the
        land shall immediately revert and revest in the Commonwealth
        of Pennsylvania.
        (e)  Alternate disposition of property.--In the event this
     conveyance is not executed in compliance with the Purchase
     Agreement, the property may be disposed of in accordance with
     section 2406-A of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929.
        (f)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the Grantee.
        (g)  Proceeds.--The proceeds from the sale shall be placed in
     the Agricultural Conservation Easement Purchase Fund.
        Section 6.  This act shall take effect immediately.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE