Pennsylvania Act 2004-110 — CONVEYANCES - COMMON PROPERTY IN BOROUGH OF ARCHBALD, LACKAWANNA COUNTY, AND PROJECT 70 LANDS IN WHARTON TOWNSHIP, FAYETTE COUNTY

Act text

CONVEYANCES - COMMON PROPERTY IN BOROUGH OF ARCHBALD, LACKAWANNA COUNTY,
         AND PROJECT 70 LANDS IN WHARTON TOWNSHIP, FAYETTE COUNTY
                 Act of Nov. 19, 2004, P.L. 849, No. 110              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 convey to Anthony R.
        Domiano, Sr., and Anthony R. Domiano, Jr., a certain tract of
        land situate in the Borough of Archbald, Lackawanna County,
        in exchange for certain tracts of land; and authorizing the
        sale and transfer of ownership of Project 70 land located in
        Wharton Township, Fayette County.

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

     Section 1.  Conveyances in Borough of Archbald, Lackawanna
                    County.
        (a)  Conveyance from the Commonwealth.--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 and convey to Anthony R. Domiano, Sr., and
     Anthony R. Domiano, Jr., the following tract of land bounded and
     described as follows:
     All that certain, piece, or plot of land situate, lying, and
     being in the Borough of Archbald, County of Lackawanna and
     Commonwealth of Pennsylvania, more fully described as follows:
     Beginning at a point on the line of lands now or formerly of
     Maursam & Co., said point being the Southerly corner of the
     lands of the Commonwealth of Pennsylvania and the Westerly
     corner of lands herein described;
     thence, along the line of lands of Anthony R. Domiano, Sr., and
     along the line of other lands of Domiano, North fifteen degree
     forty-eight minutes fifteen seconds East (N 15 degrees 48
     minutes 15 seconds E) a distance of four hundred twenty feet
     (420 feet);
     thence, through lands of the Commonwealth of Pennsylvania South
     seventy-four degrees eleven minutes forty-five seconds East (S
     74 degrees 11 minutes 45 seconds E) a distance of two hundred
     thirty-eight and seventy-two hundredths feet (238.72 feet);
     thence, continue through lands of the Commonwealth of
     Pennsylvania South five degrees eleven minutes six seconds East
     (S 5 degrees 11 minutes 6 seconds E) a distance of one hundred
     ninety-eight and ninety-three hundredths feet (198.93 feet);
     thence, continue through lands of the Commonwealth of
     Pennsylvania South forty-eight degrees forty-two minutes twenty-
     three seconds East (S 48 degrees 42 minutes 23 seconds E) a
     distance of five hundred sixty and eighty-nine hundredths feet
     (560.89 feet) to a point being located along the common division
     line between the lands now or formerly of the Commonwealth of
     Pennsylvania and Maursam & Co.;
     thence, along said division line, North seventy-three degrees
     forty-one minutes forty-nine seconds West (N 73 degrees 41
     minutes 49 seconds W) a distance of eight hundred sixteen and
     thirty hundredths feet (816.30 feet) to the point of beginning.
     Containing 183,978.18 square feet (4.22 Acres) of land, more or
     less.
     Being a portion of that land conveyed by the Commonwealth of
     Pennsylvania to the General State Authority (Department of
     General Services) by deed dated September 24, 1962, and recorded
     in the Office of the Recorder of Deeds of Lackawanna County,
     Pennsylvania, in Deed Book 577 at Page 577.
        (b)  Conveyance to Commonwealth.--The conveyance authorized
     by subsection (a) shall be in exchange for the conveyance by
     Anthony R. Domiano, Sr., and Anthony R. Domiano, Jr., to the
     Commonwealth of Pennsylvania of all those certain tracts of land
     bounded and described as follows:
     Tract No. 1:
     All that certain, piece, or plot of land situate, lying, and
     being in the Borough of Archbald, County of Lackawanna and
     Commonwealth of Pennsylvania, more fully described as follows:
     Beginning at a point marked with an iron pin, said point being
     located along the common division line between Anthony R.
     Domiano, Sr. and the Commonwealth of Pennsylvania a distance of
     one thousand sixty-nine and sixty-four hundredths feet
     Northwesterly from the right-of-way of Pennsylvania SR No.1023
     (Eynon-Jermyn Road);
     thence, along said Domiano/Commonwealth of Pennsylvania division
     line, North seventy-three degrees forty-one minutes forty-nine
     seconds West (N 73 degrees 41 minutes 49 seconds W) a distance
     of two thousand three hundred and ninety feet (2,390 feet);
     thence, at a right angle to said Domiano/Commonwealth of
     Pennsylvania division line, North sixteen degrees eighteen
     minutes eleven seconds East (N 16 degrees 18 minutes 11 seconds
     E) a distance of seventy feet (70 feet);
     thence, at a right angle, parallel to said Domiano/Commonwealth
     of Pennsylvania division line, South seventy-three degrees
     forty-one minutes forty-nine seconds East (S 73 degrees 41
     minutes 49 seconds E) a distance of two thousand three hundred
     and ninety feet (2,390 feet);
     thence, at a right angle, South sixteen degrees eighteen minutes
     eleven seconds West (S 16 degrees 18 minutes 11 seconds W) a
     distance of seventy feet (70 feet) to the point of beginning.
     Containing 167,300 square feet (3.04 Acres) of land, more or
     less.
     Being a portion of that land conveyed by Allied Ventures, Inc.
     to Anthony R. Domiano, Sr. and Anthony R. Domiano, Jr. by deed
     dated February 10, 1997, and recorded in the Office of the
     Recorder of Deeds of Lackawanna County, Pennsylvania, in Deed
     Book 1576 at Page 65.
     Tract No. 2:
     All that certain, piece, or plot of land situate, lying, and
     being in the Borough of Archbald, County of Lackawanna and
     Commonwealth of Pennsylvania, more fully described as follows:
     Beginning at a point marked with an iron pin, said point being
     located South seventy-four degrees twenty minutes East (S 74
     degrees 20 minutes E) a distance of one hundred fifty two and
     thirty-seven hundredths feet (152.37 feet) from the
     Southwesterly corner of lands of the Commonwealth of
     Pennsylvania along a one hundred feet (100 feet) right-of-way of
     Pennsylvania SR No. 6006 (Scranton-Carbondale Highway);
     thence, along Commonwealth of Pennsylvania lands North fifteen
     degrees forty-eight minutes fifteen seconds East (N 15 degrees
     48 minutes 15 seconds E) three hundred fourteen and sixty-three
     hundredths feet (314.63 feet) to a point marked with an iron
     pin;
     thence, continue by same, South forty-three degrees eleven
     minutes fifty seconds East (S 43 degrees 11 minutes 50 seconds
     E) fifty-eight and thirty-three hundredths feet (58.33 feet) to
     a point marked with an iron pin;
     thence, continue by same, South fifteen degrees forty-eight
     minutes fifteen seconds West (S 15 degrees 48 minutes 15 W)
     three hundred seventeen and eighty-two hundredths feet (317.82
     feet) to a common corner of lands now or formerly of Romar,
     Inc., at the line of aforementioned Commonwealth of Pennsylvania
     lands;
     thence, along said Romar lands, North seventy-four degrees
     eleven minutes forty-five seconds West (N 74 degrees 11 minutes
     45 seconds W) fifty feet (50 feet) to a point at the line of
     lands now or formerly of Romar, Inc.;
     thence North fifteen degrees forty-eight minutes fifteen seconds
     East (N 15 degrees 48 minutes 15 seconds E) a distance of
     thirty-three and twenty-three hundredths feet (33.23 feet) to
     the point of beginning.
     Containing 16,641.79 square feet (.38 Acres) of land, more or
     less.
     Being a portion of that land conveyed by Allied Ventures, Inc.
     to Anthony R. Domiano, Sr. and Anthony R. Domiano, Jr. by deed
     dated February 10, 1997, and recorded in the Office of the
     Recorder of Deeds of Lackawanna County, Pennsylvania, in Deed
     Book 1576 at Page 65.
        (c)  Conditions.--Conveyance of the land described in
     subsection (a) shall be made under and subject to all easements,
     servitudes and rights of others, including, but not confined to,
     streets, roadways and rights of telephone, telegraph, water or
     electric or tenancies vested in third persons, whether or not
     appearing of record, for any portion of the land or improvements
     erected thereon.
        (d)  Deed of conveyance.--The deed of conveyance of the
     property described in subsection (a) 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.--The parties to the transaction shall bear their
     respective costs.
     Section 2.  Wharton Township, Fayette County.
        (a)  Authorization.--Pursuant to 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
     General Assembly hereby authorizes the sale and transfer of
     title for the Project 70 lands owned by Fayette County which are
     more particularly described in subsection (c) for a
     consideration of $190,500, which sum represents the fair market
     value of the property as determined by an appraisal.
        (b)  Project 70 restrictions.--The lands described in
     subsection (c) shall be transferred with all existing
     restrictions currently imposed by the Project 70 Land
     Acquisition and Borrowing Act upon conveyance of said lands to
     Woodlands Zoo, Inc.
        (c)  Property description.--The parcels of land to be sold
     with existing Project 70 restrictions are situated in Wharton
     Township, Fayette County, Pennsylvania, and more particularly
     bounded and described as follows:
     TRACT ONE:  BEGINNING at a point on the center line of Route 40
     known as the National Highway, at a corner of land owned by
     Estella A. Craig; thence along Craig land, South 57 degrees 16
     minutes 50 seconds West, 303.50 feet to a point; thence along
     same South 13 degrees 6 minutes 50 seconds West, 310.95 feet to
     a point; thence along same South 9 degrees 43 minutes 30 seconds
     East, 316.60 feet to a point corner of land of Alvin R. Sowers;
     thence along Sowers land South 45 degrees 15 minutes 30 seconds
     West, 1826.41 feet to a point; thence by same South 63 degrees
     58 minutes 50 seconds West, 952.24 feet to a point; thence by
     same South 39 degrees 5 minutes 40 seconds West, 276.49 feet to
     a point thence by same South 59 degrees 50 minutes 10 seconds
     West, 71.05 feet to a point; thence by same South 67 degrees 44
     minutes 10 seconds West, 141.29 feet to a point; thence by same
     South 71 degrees 29 minutes 50 seconds West, 216.90 feet to a
     point; thence by same South 4 degrees 26 minutes 50 seconds
     West, 829.39 feet to a point corner of Fort Necessity Park;
     thence by same South 54 degrees 22 minutes West, 192.29 feet to
     a point in line of land of Katherine Zimmerli; thence by said
     line North 18 degrees 58 minutes 20 seconds West, 1319.38 feet
     to a point; thence by same North 8 degrees 45 minutes East, 1089
     feet to a point; thence by same North 66 degrees 45 minutes
     East, 1359.61 feet to a point; thence by same North 21 degrees
     30 minutes East, 1155 feet to line of lands of C.H. Sherry;
     thence by Sherry land South 69 degrees 5 minutes 20 seconds
     East, 1283.20 feet to a point in line of land of Asa O. Stimmel;
     thence by Stimmel North 52 degrees 55 minutes 40 seconds East,
     682.14 feet to point in aforesaid National Highway: thence in
     said Highway South 34 degrees 55 minutes 20 seconds East, 115
     feet to a point, the place of beginning.
     Containing 122.8175 acres.
        EXCEPTING AND RESERVING therefrom a parcel of land containing
     6.1 acres which was condemned by the Commonwealth of
     Pennsylvania by Declaration of Taking dated October 17, 1977,
     filed in the Court of Common Pleas of Fayette County,
     Pennsylvania, at No. 523 September Term, 1977 (subsequently
     conveyed by the Commonwealth to the County of Fayette by Deed
     dated March 20, 2001, as recorded in the Office of the Recorder
     of Deeds of Fayette County, Pennsylvania, in Record Book 2724,
     page 191).
        BEING the remainder of the tract of land conveyed to the
     County of Fayette by deed of Earl G. Hager, Sr. and Ida M.
     Hager, his wife, dated April 21, 1967, and recorded in the
     Recorder's Office of Fayette County, Pennsylvania, in Deed Book
     1041, Page 017.
     TRACT TWO:  BEGINNING at a point in the center of U.S. Route 40
     at corner common to premises of the County of Fayette, formerly
     Earl G. Hager and premises of Asa O. Stimmel, et ux., of which
     the premises herein described is part; thence South 52 degrees
     55 minutes 40 seconds West 682.14 feet along said premises of
     the County of Fayette, formerly of Hager, to a point; thence
     North 69 degrees 5 minutes 20 seconds West 294.67 feet along
     same to a point; thence North 52 degrees 55 minutes 40 seconds
     East 797.71 feet through premises of Asa O. Stimmel, et ux., of
     which the premises herein described is a part to a point; thence
     North 30 degrees 34 minutes 38 seconds West 65.83 feet through
     same to a point; thence North 9 degrees 16 minutes 44 seconds
     West 27.72 feet through same to a point; thence North 52 degrees
     55 minutes 40 seconds East 33.02 feet through same to the center
     of the aforesaid State Highway Route 40; thence South 34 degrees
     55 minutes 20 seconds East 340 feet along the aforesaid State
     Highway Route 40 to the place of beginning, containing an area
     of 4.4122 acres. A plot of this parcel is of record in Fayette
     County Plan Book 11, page 19.
        BEING the same tract of land conveyed to the County of
     Fayette by Deed of Asa O. Stimmel and Lelia H. Stimmel, his
     wife, dated March 28, 1972, and recorded in the Recorder's
     Office of Fayette County, Pennsylvania, in Deed Book Volume
     1124, Page 1064.
        (d)  Existing restrictions.--The following restrictions shall
     remain in the deeds for the land described in subsection (c):
        This indenture is given to provide land for recreation,
        conservation and historical purposes, as said purposes are
        defined in the "Project 70 Land Acquisition and Borrowing
        Act," approved June 22, 1964, P.L.131.
        (e)  Funds.--The $190,500 consideration from the sale of the
     land shall be deposited in a special account established by
     Fayette County for acquisition or development of parkland. Use
     of funds from the special account must be approved in accordance
     with a plan approved by the Department of Conservation and
     Natural Resources. Any funds remaining in the special account
     after five years of the effective date of this act shall be paid
     to the Commonwealth for deposit into the Project 70 Land
     Acquisition Sinking Fund.
     Section 3.  This act shall take effect immediately.