Pennsylvania Act 2009-46 — CONVEYANCE - COMMONWEALTH PROPERTY IN RYAN TOWNSHIP, SCHUYLKILL COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN RYAN TOWNSHIP, SCHUYLKILL COUNTY
                       Act of Oct. 9, 2009, No. 46                    Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor and the Department of Corrections,
        to grant and convey to Schuylkill County certain lands
        situate in Ryan Township, Schuylkill County.

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

     Section 1.  Conveyance in Ryan Township, Schuylkill County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Corrections,
     is hereby authorized on behalf of the Commonwealth of
     Pennsylvania to grant and convey to Schuylkill County
     approximately 4.748 acres of vacant land together with a 50-
     foot-wide ingress and egress easement as described in subsection
     (b) for $48,000.00 and under terms and conditions to be
     established in an agreement of sale with the Department of
     General Services.
        (b)  Description.--The property to be conveyed, pursuant to
     this section, consists of approximately 4.748 acres of land
     thereon more particularly described as follows:
        BEGINNING at a point, an iron pin at the intersection of the
     south right-of-way line of Prison Road, a proposed 50' wide
     right-of-way, and the east right-of-way line of PP&L Company;
     said point being located, S 51-37-36E - 72.13' and S 51-37-36 E-
     108.47' from a disk at the intersection of the south right-of-
     way line of Interstate 81 and the east right-of-way line of PP&L
     Company; thence from the place of beginning along the above-
     mentioned proposed south right-of-way line of Prison Road for
     the following:
        1.  Along a curve to the right having:
            Angle, 01-50-20
            Radius, 675.00'
            Tangent, 10.83'
            Length, 21.66'
            Chord, S 78-58-10 E-21.66' to a point,
        2.  S 78-03-00 E-92.05' to a point,
        3.  Along a curve to the left, having:
            Angle, 17-35-59
            Radius, 765.00'
            Tangent, 118.43'
            Length, 234.99'
            Chord, S 86-51-00 E-234.07' to a point,
        4.  N 84-21-00 E - 309.52' to an iron pin,
     at a common corner with the proposed south right-of-way line of
     Prison Road; thence continuing through said Commonwealth of
     Pennsylvania Department of General Services property, S 17-17-00
     E-710.82' to an iron pin on the said east right-of-way line of
     PP&L Company; thence continuing through the same and along PP&L
     Company east right-of-way line, N 51-37-36 W - 1102.35' to the
     place of beginning.
        DESCRIBED PARCEL being shown as Parcel 1 on the Lot Plan for
     the County of Schuylkill Pre-Release Facility Subdivision
     prepared by WJP Engineers.
        DESCRIBED PARCEL being a portion of property of the
     Commonwealth of Pennsylvania Department of General Services as
     shown on deed dated October 13, 1983, as recorded in Schuylkill
     County Deed Book 1336, Page 128, and identified in County Tax
     Assessment records as UPI No. 26-06-15.
        CONTAINING 4.748-acres or 206,832 square feet.
        TOGETHER with an ingress and egress easement along and across
     a proposed 50' right-of-way as proposed for the existing Prison
     Access Road, crossing Commonwealth of Pennsylvania Department of
     General Services property, bounded and described as follows:
        BEGINNING at a point, at the intersection of the proposed
     north right-of-way line of Prison Road and the east right-of-way
     line of an unnamed access road, said point being located, S 41-
     59-39 E-75.81' from a disk located at the northwest corner of
     Commonwealth of Pennsylvania Department of General Services
     property; thence from the place of beginning through
     Commonwealth of Pennsylvania Department of General Services
     property for the following:
        1.  N 49-09-56 E - 106.99' to a point,
        2.  Along a curve to the right, having:
            Angle, 35-11-04
            Radius, 300.00'
            Tangent, 95.12'
            Length, 184.22'
            Chord, N 66-45-28 E-181.34' to a point.
     on the south right-of-way line of Interstate 81; thence partly
     along the south right-of-way line of Interstate 81 and partly
     through Commonwealth of Pennsylvania Department of General
     Services property, N 84-21-00 E-781.21' to a survey disk; thence
     continuing through Commonwealth of Pennsylvania Department of
     General Services property for the following:
        1.  Along a curve to the right, having:
            Angle, 17-35-59
            Radius, 725.00'
            Tangent, 112.23'
            Length, 222.70'
            Chord, S 86-51-00 E-221.83' to a point,
        2.  S 78-03-00 E-92.05' to a point,
        3.  Along a curve to the left, having:
            Angle, 17-35-59
            Radius, 715.00'
            Tangent, 110.69'
            Length, 219.63'
            Chord, S 86-51-00 E-218.77' to a point,
        4.  N 84-21-00 E-299.23' to a point,
        5.  S 17-17-00 E-51.05' to an iron pin,
     at a common corner with the proposed northeast corner of Parcel
     1 of the County of Schuylkill Pre-Release Facility Subdivision;
     thence partly along said Parcel 1 and continuing through
     Commonwealth of Pennsylvania Department of General Services
     property for the following:
        1.  S 84-21-00 W - 309.52' to a point,
        2.  Along a curve to the right, having:
            Angle, 17-35-59
            Radius, 765.00'
            Tangent, 118.43'
            Length, 234.99'
            Chord, N 86-51-00 W-234.07' to a point,
        3.  N 78-03-00 W-92.05' to a point,
        4.  Along a curve to the left, having:
            Angle, 17-35-59
            Radius, 675.00'
            Tangent, 104.49'
            Length, 207.34'
            Chord, N 86-51-00 W-206.53 to a point,
        5.  S 84-21-00 W-781.21' to a point,
        6.  Along a curve to the left, having:
            Angle, 35-11-04
            Radius, 250.00'
            Tangent, 79.27'
            Length, 153.52'
            Chord, S 66-45-28 W-151.12' to a point,
        7.  S 49-09-56 W-105.97' to a point,
     On the above-mentioned east right-of-way line of an unnamed
     access road; thence along said right-of-way line, N 41-59-39 W -
     50.01' to the place of beginning.
        DESCRIBED PARCEL being a portion of property of the
     Commonwealth of Pennsylvania Department of General Services by
     deed dated October 13, 1983, recorded in Schuylkill County Deed
     Book 1336, Page 128, and identified in County Tax Assessment
     records in UPI No. 26-06-0014, 26-06-0015 and 26-06-0007.
        CONTAINING 2.176-acres or 94,766 square feet.
        (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)  Restriction.--The conveyance authorized under this
     section shall be made under and subject to the condition, which
     shall be contained in the deed of conveyance, that no portion of
     the property conveyed 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 State law. The
     condition shall be a covenant running with the land and shall be
     binding upon the grantee, its successors and assigns. Should the
     grantee, its successors or assigns permit any portion of the
     property authorized to be conveyed in this section to be used in
     violation of this subsection, the title shall immediately revert
     to and revest in the grantor.
        (e)  Restricted use.--The deed of conveyance shall be made:
            (1)  Under and subject to a condition that the grantee or
        its successors shall utilize the property only as an adult
        prerelease parole center and for no other purpose. Should the
        grantee utilize the property for any other purpose or attempt
        to convey the property, the property shall immediately revert
        to and revest in the grantor.
            (2)  Under and subject to a condition that should the
        grantee or its successors fail to complete a project to
        construct and open an adult prerelease parole center on the
        property within five years, the property shall immediately
        revert to and revest in the grantor.
        (f)  Deed of conveyance.--The deed of conveyance shall be
     executed by the Secretary of General Services in the name of the
     Commonwealth of Pennsylvania.
        (g)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (h)  Expiration of authorization.--In the event that an
     agreement of sale between the parties is not executed within two
     years of the effective date of this section, the authorization
     contained in this section shall expire.
     Section 2.  Effective date.
        This act shall take effect immediately.