act-1990-0-166•Pennsylvania Act 1990-166 — CONVEYANCE - COMMONWEALTH PROPERTY IN SEVERAL COUNTIES AND THE CITY OF PHILADELPHIA
Pennsylvania Act 1990-166 — CONVEYANCE - COMMONWEALTH PROPERTY IN SEVERAL COUNTIES AND THE CITY OF PHILADELPHIA
act-1990-0-1661990 Pa. Act 166Law
Act text
CONVEYANCE - COMMONWEALTH PROPERTY IN SEVERAL COUNTIES AND THE CITY OF
PHILADELPHIA
Act of Dec. 7, 1990, P.L. 667, No. 166 Cl. 85
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor and the Department of Corrections,
to convey certain land in the Borough of Huntingdon,
Huntingdon County, to the Borough of Huntingdon; authorizing
and directing the Department of Transportation, with the
approval of the Governor, to convey to Bernard C. Banks, Jr.,
a tract of land situate in Kingston Township, Luzerne County,
Pennsylvania; authorizing and directing the Department of
Transportation, with the approval of the Governor, to convey
to Frank Jerome an easement over lands belonging to the
Commonwealth situate in Indiana Township, Allegheny County,
Pennsylvania; authorizing and directing the Department of
Transportation, with the approval of the Governor, to convey
to the Middletown Fire Department a tract of land situate in
Middletown Township, Delaware County, Pennsylvania;
authorizing the State Armory Board of the Department of
Military Affairs and the Department of General Services, with
the approval of the Governor, to sell and convey a tract of
land, together with the building and structures thereto, in
the City of Chester, Delaware County, Pennsylvania;
authorizing and directing the Department of General Services,
with the approval of the Governor and the Department of
Education, to lease to Temple University a tract of land with
improvements thereon in the City of Philadelphia,
Pennsylvania; and authorizing and directing the Department of
General Services, with the approval of the Governor and the
Secretary of Environmental Resources, to convey to Pavia
Cemetery Association a certain tract of land situate in Union
Township, Bedford County, in exchange for a certain tract of
land.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. (a) The Department of General Services, with the
approval of the Governor and the Department of Corrections, is
hereby authorized and directed, on behalf of the Commonwealth of
Pennsylvania, to grant and convey to the Borough of Huntingdon,
for a consideration of one dollar, the following land and rights
therein situate in the Borough of Huntingdon, Huntingdon County,
Pennsylvania, bounded and described as follows:
ITEM NO. 1
All that parcel of land situate in the Borough of Huntingdon,
County of Huntingdon and Commonwealth of Pennsylvania, bounded
and described as follows, viz:
Beginning at a point marked by an iron pin at the
northeasterly corner of land now or formerly of Rex McMickens on
the westerly side of the railroad of Penn Central Transportation
Company known as the Main Line in the vicinity of said
transportation company's mile post 203, said beginning point
being in the westerly line of the former Pennsylvania Canal
lands approximately 1405 feet north of the northerly line of 8th
Street as measured along said westerly line of former Canal
lands;
Extending from said beginning point the following ten courses
and distances, the first seven thereof being by remaining land
of said transportation company: (1) north 00 degrees 35 minutes
west 31.0 feet to an iron pin distant 58 feet westwardly, at
right angles, from the center line of the eastbound main track
of railroad of said transportation company; (2) south 75 degrees
40 minutes west 92.0 feet to an iron pin distant 150 feet
westwardly, at right angles, from said center line of eastbound
main track; (3) north 14 degrees 15 minutes west, parallel with
said center line of eastbound main track, 1508.0 feet to an iron
pin; (4) north 75 degrees 40 minutes east 113.0 feet to an iron
pin distant 37 feet westwardly, at right angles, from said
center line of eastbound main track; (5) north 14 degrees 15
minutes west, parallel with said center line of eastbound main
track, 1106.0 feet to an iron pin; (6) south 75 degrees 40
minutes west 78.0 feet to an iron pin; and (7) continuing south
75 degrees 40 minutes west 10 feet, more or less, to the east
bank of the Juniata River; thence (8) southwardly, along said
east bank of river, 2775 feet, more or less, to the northerly
line of said land now or formerly of Rex McMickens; thence (9)
north 75 degrees 40 minutes east along said northerly line of
the last mentioned land, 20 feet, more or less, to an iron pin,
which last mentioned iron pin is located the following twelve
courses and distances from the iron pin at the end of course
number six herein: (a) south 07 degrees 29 minutes west 160.3
feet to an iron pin; (b) south 10 degrees 06 minutes west 249.4
feet to an iron pin; (c) south 05 degrees 43 minutes east 211.2
feet to an iron pin; (d) south 22 degrees 45 minutes east 118.0
feet to an iron pin; (e) south 09 degrees 38 minutes east 198.2
feet to an iron pin; (f) south 15 degrees 45 minutes east 160.3
feet to an iron pin; (g) south 11 degrees 46 minutes east 318.2
feet to an iron pin; (h) south 12 degrees 54 minutes east 442.9
feet to an iron pin; (i) south 01 degree 04 minutes west 299.4
feet to an iron pin; (j) south 12 degrees 04 minutes east 194.3
feet to an iron pin; (k) south 19 degrees 05 minutes east 160.0
feet to an iron pin; and (l) south 40 degrees 01 minute east
202.0 feet; and thence (10) continuing north 75 degrees 40
minutes east along said northerly line of land now or formerly
of Rex McMickens, 247.5 feet to the place of beginning,
containing 14.15 acres, more or less.
ITEM NO. 2
All the right, title and interest of the Commonwealth, in and
to the muds and land under the waters of the Juniata River,
bounding the hereinbefore described on the west as far into the
said river as such right, title and interest extends or should
extend by law or custom and all riparian rights appertaining
thereto.
ITEM NO. 3
All the rights of the Commonwealth, in the 20 feet wide
access roadway to the land described in Item No. 1 above, the
baseline of which is described as follows:
Beginning at the same beginning point established at the
beginning point in the parcel of land containing 14.15 acres,
more or less, hereinbefore described, said beginning point being
in the general easterly line of an existing roadway as depicted
on a plan of survey made by Paul J. Logue, Registered
Professional Engineer No. 7994E, dated November 1972;
Extending from said beginning point, the following six
courses and distances along said baseline: (1) south 18 degrees
20 minutes east 86.5 feet to an iron pin distant 15 feet west of
the east line of said roadway and 5 feet east of the west line
of said roadway; (2) south 04 degrees 28 minutes west 248.7 feet
to an iron pin distant 10 feet west of the east line of said
roadway and 10 feet east of the west line of said roadway; (3)
south 06 degrees 20 minutes east 299.5 feet to an iron pin
distant 5 feet west of the east line of said roadway and 15 feet
east of the west line of said roadway; (4) south 19 degrees 32
minutes east 199.3 feet to an iron pin distant 5 feet west of
the east line of said roadway and 15 feet east of the west line
of said roadway; (5) south 32 degrees 21 minutes east 99.7 feet
to an iron pin; and (6) south 35 degrees 23 minutes east 269.6
feet to an iron pin in the prolongation westwardly of the first
street north of 8th Street, the point of ending for the parcel
of land being described.
(b) 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.
(c) Costs and fees incidental to this conveyance shall be
borne by the grantee.
Section 2. (a) The Department of Transportation, with the
approval of the Governor, is hereby authorized and directed, on
behalf of the Commonwealth of Pennsylvania, to grant and convey
to Bernard C. Banks, Jr., for fair market value as determined by
an independent appraiser approved by the Department of
Transportation, the following tract of land situate in Kingston
Township, Luzerne County, Pennsylvania, bounded and described as
follows:
Beginning at an iron pin corner on the westerly side of
Pennsylvania Department of Transportation State Route 1036, said
corner being 50 feet westerly from the construction center line
Station 58+85.00 and shown as corner A-1 on map of property plat
of the Pennsylvania Department of Transportation, thence along
the right-of-way line of said State route as shown on said map
north 31 degrees 31 minutes 23 seconds east a distance of 253.31
feet to an iron pin corner; thence along the division line of
land of the Pennsylvania Department of Transportation and land
of L. B. Sharpe et ux., north 70 degrees 22 minutes 52 seconds
west a distance of 141.45 feet to an iron pin corner; thence
along the right-of-way line of Old Carverton Road on a curve to
the left with a radius of 794.02 feet, the following bearings
and chord distances: (1) south 16 degrees 28 minutes 49 seconds
west a distance of 20.11 feet to a wood stake corner; (2) south
15 degrees 34 minutes 05 seconds west a distance of 25 feet to a
wood stake corner; (3) south 14 degrees 38 minutes 56 seconds
west a distance of 25 feet to a wood stake corner; (4) south 12
degrees 00 minutes 47 seconds west a distance of 25 feet to a
wood stake corner; (5) south 10 degrees 12 minutes 28 seconds
west a distance of 25.10 feet to a wood stake corner; (6) south
09 degrees 40 minutes 17 seconds west a distance of 25 feet to a
wood stake corner; (7) south 08 degrees 58 minutes 21 seconds
west a distance of 25 feet to an iron pin corner; thence along
said right-of-way line south 07 degrees 00 minutes 40 seconds
west a distance of 69.14 feet to an iron pin corner. Thence
along the right-of-way line of a road approach south 57 degrees
50 minutes 17 seconds east a distance of 54.01 feet to an iron
pin corner, the place of beginning containing 0.56 acres, more
or less. Comprising a parcel of land being bounded on the north
by land of L. B. Sharpe et ux., on the east by State Route 1036,
on the south by road approach and on the west by Old Carverton
Road. Being a portion of lots 135, 136 and 137, section 1,
Meadow-Crest Division, Kingston Township, Pennsylvania.
Excepting on this parcel of land an Agreement No. 54710 dated
July 30, 1975, between Pennsylvania Department of Transportation
and the Meadow Crest Water Company providing for the relocation
of water facilities to accommodate Legislative Route 40124,
section 2.
(b) 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 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.
(c) The deed of conveyance shall contain conditions that no
building may be done upon the land and the land must be
preserved in its natural condition or that the land will revert
to the Commonwealth.
(d) The deed of conveyance shall be approved as provided by
law and shall be executed by the Secretary of Transportation in
the name of the Commonwealth of Pennsylvania.
(e) Costs and fees incidental to this conveyance shall be
borne by the grantee.
(f) Moneys received from the conveyance shall be deposited
in the Motor License Fund.
Section 3. (a) The Department of Transportation, with the
approval of the Governor, is hereby authorized and directed, on
behalf of the Commonwealth of Pennsylvania, to grant and convey
to Frank Jerome, for the sum of $1 and other good and valuable
consideration approved by the Department of Transportation, an
easement over the following certain tract or parcel of land to
encompass a 10-foot gas line easement situate in Indiana
Township, Allegheny County, Pennsylvania, bounded and described
as follows:
The point of beginning being south 87 degrees 53 minutes 51
seconds west a distance of 723.78 feet from the northwesterly
corner of property now or formerly of Carl DeSantis, et ux., and
on easterly property line of John J. Harmon, et ux., now or
formerly and being the southwest corner of property held by the
Commonwealth of Pennsylvania; thence along 10-foot gas line
easement by the following courses and distances: north 13
degrees 46 minutes 05.5 seconds east for a distance of 63.64
feet; thence north 68 degrees 14 minutes 07.7 seconds east 30.82
feet; south 83 degrees 17 minutes 32.1 seconds east 78.02 feet;
north 48 degrees 46 minutes 55.4 seconds east 201.66 feet; north
68 degrees 09 minutes 11.3 seconds east 25.01 feet; north 85
degrees 56 minutes 49.4 seconds east 29.87 feet; south 83
degrees 45 minutes 55 seconds east 28.03 feet; south 81 degrees
36 minutes 11.9 seconds east 19.48 feet; south 72 degrees 32
minutes 54.9 seconds east 26.51 feet; north 70 degrees 08
minutes 54 seconds east 195.92 feet; north 58 degrees 23 minutes
10.8 seconds east 434.64 feet; north 43 degrees 07 minutes 07.2
seconds east 22.46 feet; thence north 67 degrees 51 minutes 27.8
seconds east for a distance of 90.17 feet to easterly property
line of the Commonwealth of Pennsylvania property and westerly
line of existing easement per Deed Book, Volume 5598, Page 148,
dated February 5, 1976; thence by the following courses and
distances: north 67 degrees 51 minutes 27.8 seconds east 37.87
feet; south 82 degrees 10 minutes 13.3 seconds east 27.09 feet;
south 77 degrees 19 minutes 46.3 seconds east 21.19 feet; north
54 degrees 29 minutes 05.2 seconds east 14.57 feet; north 52
degrees 51 minutes 31.4 seconds east for a distance of 18.72
feet to a point being the northerly line of existing easement
and northeasterly corner of 10-foot gas line easement; thence
along existing northerly easement line for an arc distance of
11.37 feet having a radius of 266.01 to southeasterly corner of
10-foot gas line easement; thence along the southerly line of
10-foot gas line easement the following courses and distances:
south 52 degrees 51 minutes 31.4 seconds west 24.27 feet; south
54 degrees 29 minutes 05.2 seconds west 19.19 feet; north 77
degrees 19 minutes 46.3 seconds west 25.23 feet; north 82
degrees 10 minutes 13.3 seconds west 23.99 feet; thence south 67
degrees 51 minutes 27.8 seconds west for a distance of 45.23
feet to a point on easterly property line of property held by
the Commonwealth of Pennsylvania and westerly line of existing
easement; thence along the southerly line of 10-foot gas line
easement through Commonwealth of Pennsylvania property the
following courses and distances: south 67 degrees 51 minutes
27.8 seconds west 77.93 feet; south 43 degrees 07 minutes 07.2
seconds west 21.60 feet; south 58 degrees 23 minutes 10.8
seconds west 437.01 feet; south 70 degrees 08 minutes 54 seconds
west 200.32 feet; north 72 degrees 32 minutes 54.9 seconds west
29.09 feet; north 81 degrees 36 minutes 11.9 seconds west 18.50
feet; north 83 degrees 45 minutes 55 seconds west 26.95 feet;
south 85 degrees 56 minutes 49.4 seconds west 27.41 feet; thence
south 68 degrees 09 minutes 11.3 seconds west 21.73 feet; south
48 degrees 46 minutes 55.4 seconds west 204.40 feet; north 83
degrees 17 minutes 32.1 seconds west 79.92 feet; south 68
degrees 14 minutes 07.7 seconds west 23.19 feet; thence south 13
degrees 46 minutes 05.5 seconds west for a distance of 55.66
feet to a point on the southerly property line of property held
by the Commonwealth of Pennsylvania and on the northerly
property line now or formerly of Carl DeSantis, et ux., thence
along common property line of Carl DeSantis and the Commonwealth
of Pennsylvania south 87 degrees 53 minutes 51 seconds west for
a distance of 10.40 feet to the point of beginning.
Containing 0.3130 acres.
(b) The conveyance shall be made under and subject to all
other easements, servitudes and rights of others, including, but
not confined to, streets, roadways and rights of 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.
(c) The deed of conveyance shall be approved as provided by
law and shall be executed by the Secretary of Transportation in
the name of the Commonwealth of Pennsylvania.
(d) Costs and fees incidental to this conveyance shall be
borne by the grantee.
(e) Moneys received from the conveyance shall be deposited
in the Motor License Fund.
Section 4. (a) The Department of Transportation, with the
approval of the Governor, is hereby authorized and directed, on
behalf of the Commonwealth of Pennsylvania, to grant and convey
to the Middletown Fire Department, for one-half the fair market
value as determined by an independent appraiser approved by the
Department of Transportation, the following tract of land
situate in Middletown Township, Delaware County, Pennsylvania,
bounded and described as follows:
Beginning at a point at the corners of two properties, said
properties being owned by the Pennsylvania Department of
Transportation and S.A.B. Engineering and Construction, Inc.,
(formerly the Roosevelt School); thence along the common
property line of the above stated properties the following two
courses and distances: south 34 degrees 06 minutes east 163.95
feet, and south 49 degrees 30 minutes west 432.75 feet; thence
in a northwesterly direction following the legal right-of-way
line of New Middletown Road (S.R.352) parallel to and 70 feet
east of the center line along an arc curving to the left having
a radius of 2934.93 feet a distance of 91.17 feet to a point;
thence along said legal right-of-way line north 74 degrees 28
minutes 08 seconds east 20.00 feet to a point; thence in a
northwesterly direction following the legal right-of-way line of
New Middletown Road (S.R.352) parallel to and 90 feet east of
the center line along an arc curving to the left having a radius
of 2954.93 feet a distance of 120.16 feet to a point, said point
being 15 feet south of the center line of an access road (back
entrance) to the Pennsylvania Department of Transportation
Bortendale maintenance yard; thence north 48 degrees 17 minutes
31 seconds east 15 feet south of and parallel to said access
road 349.74 feet to a point; thence along said Pennsylvania
Department of Transportation land south 34 degrees 06 minutes
east 25.67 feet to the first mentioned point and place of
beginning.
Containing 1.640 acres, more or less.
(b) 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 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.
(c) The deed of conveyance shall be approved as provided by
law and shall be executed by the Secretary of Transportation in
the name of the Commonwealth of Pennsylvania.
(d) Costs and fees incidental to this conveyance shall be
borne by the grantee.
(e) Moneys received from the conveyance shall be deposited
in the Motor License Fund.
Section 5. (a) The State Armory Board of the Department of
Military Affairs having determined in accordance with 51 Pa.C.S.
§ 1507 (relating to sale of unusable armories and land) that
Chester Armory and the real estate to which it is appurtenant
are no longer suitable for military services due to changes in
the needs of the military service, it and the Department of
General Services, with the approval of the Governor, are hereby
authorized to sell and convey, by general warranty deed, acting
on behalf of the Commonwealth of Pennsylvania, to the highest
responsible bidder, its successors and assigns, the right, title
and interest of the Commonwealth in a tract of land, and the
armory building known as Chester Armory, appurtenant thereto, in
the City of Chester, Delaware County, Commonwealth of
Pennsylvania, containing approximately 16,000 square feet with
an armory building thereon erected, more particularly described
as follows:
All that certain lot or piece of ground situated in the City
of Chester aforesaid, described according to a survey thereof
made by B. G. Ladomus, City Engineer, on the thirteenth day of
November A.D. 1906, as follows, to wit:
Situate on the southwest corner of Eighth Street (sixty feet
wide) and Market Street (fifty feet wide) containing in front or
breadth on the said Eighth Street one hundred and sixty (160)
feet and extending of that width in length or depth southward
between lines at right angles to the said Eighth Street, and
along the west side of said Market Street one hundred (100) feet
to a certain twenty (20) feet wide alley leading eastward into
the said Market Street (the smaller part of the lot of ground)
above described (being part of a large lot or piece of ground)
which John D. Lear by indenture dated the fourth day of
September A.D. 1906 and recorded in the office for Recording of
Deeds in and for the County of Delaware aforesaid in Deed Book
L. No. 12, Page 52400, granted and conveyed unto the said J.
Irvin Taylor in fee. Subject to the payment of a certain
mortgage for two thousand dollars therein mentioned which has
since been fully paid off and satisfied of indenture dated the
twenty-eighth day of December A.D. 1906 and intended to be
forthwith recorded, granted and conveyed unto the said J. Irvin
Taylor in fee, together with the right and use of said alley in
common with the owners of other lands abutting thereon.
The above described tract being the whole, or part of, the
site of Chester Armory.
Being the same premises which the Commonwealth of
Pennsylvania, acting by and through the Department of Property
and Supplies, by its deed bearing date March 16, 1907, and
recorded in the office for recording of deeds in and for
Delaware County, Pennsylvania, in Deed Book P. No. 12, Page 270,
granted, conveyed and confirmed unto the General State Authority
(first party hereto), its successors and assigns.
The conveyance shall be made under and subject, nevertheless,
to all 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, nevertheless, to any
estate or tenancies vested in third persons, whether or not
appearing of record, for any portion of the said land or
improvements erected thereon.
The conveyance shall also be made under and subject to any
reservations set forth in the aforementioned deeds to the
Commonwealth of Pennsylvania. ((a) amended July 9, 1992,
P.L.686, No.101)
(b) The deed of conveyance shall be approved as provided by
law and shall be executed by the Adjutant General for the State
Armory Board of the Department of Military Affairs and the
Secretary of General Services in the name of the Commonwealth of
Pennsylvania.
(c) All moneys received from the sale of the land and armory
herein authorized to be conveyed shall be deposited in the State
Treasury Armory Fund.
Section 6. (a) The Department of General Services, with the
approval of the Governor and the Department of Education, is
hereby authorized and directed, on behalf of the Commonwealth of
Pennsylvania, to lease to Temple University, for a term of 50
years and upon such terms and conditions as the Department of
General Services shall prescribe, the property described
hereinafter in consideration of the assurance by Temple
University to continue to use such property in furtherance of
its educational mission, specifically for student housing, such
property being the tract of land, with improvements thereon,
situate in the City of Philadelphia and bounded and described as
follows:
Beginning at a point on the northwesterly side of Broad
Street, 113 feet wide, which point is measured northeastwardly
along the said northwesterly side of Broad Street the distance
of 120 feet, more or less, from a point formed by an
intersection of the said northwesterly side of Broad Street and
the northeasterly side of Diamond Street, 70 feet wide; thence
extending from said point of beginning northwestwardly the
distance of 138 feet, 7 inches, more or less, to a point; thence
extending northeastwardly the distance of 2 1/4 inches, more or
less, to a point; thence extending northwestwardly the distance
of 61 feet, 5 inches, more or less, to a point on the
southeasterly side of Carlisle Street, 40 feet wide; thence
extending northeastwardly along the southeasterly side of
Carlisle Street the distance of 304 feet, 9 3/4 inches, more or
less, to a point on the southwesterly side of a 3-foot wide
alley, which extends southeastwardly communicating with various
width alleys; thence extending southeastwardly partly along the
southwesterly side and the said 3-foot wide alley the distance
of 200 feet, more or less, to a point of the said northwesterly
side of Broad Street the distance of 305 feet, more or less, to
a point, being the first mentioned point and place of beginning.
(b) The instrument of lease shall contain a clause that the
property leased thereunder shall be used by Temple University in
furtherance of its educational mission, specifically for student
housing, and, if at any time Temple University ceases to use
such property therefor, the lease shall immediately terminate
and full title to the property shall revert to and revest in the
Commonwealth of Pennsylvania. The instrument of lease 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. Prior to execution of the aforementioned proposed
lease, there shall be a five-year offsite community development
plan that shall be agreed upon in writing between community
representatives and Temple University affecting the area bounded
by North Broad Street, Susquehanna Avenue, North Fifteenth
Street and Diamond Street, pursuant to a memorandum of
understanding dated November 19, 1990.
(c) Any costs and fees incidental to the instrument of lease
shall be borne by Temple University.
Section 7. (7 repealed Dec. 18, 1992, P.L.1670, No.185)
Section 8. This act shall take effect immediately.
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