act-1997-0-60•Pennsylvania Act 1997-60 — AIRPORT DIVESTITURE ACT
Act text
AIRPORT DIVESTITURE ACT
Act of Dec. 19, 1997, P.L. 603, No. 60 Cl. 74
AN ACT
Providing for the divestiture of airport property; imposing
obligations on the Department of Transportation; and making
an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Airport
Divestiture Act.
Section 2. Declaration of purpose.
It is the purpose of this act to authorize the Pennsylvania
Department of Transportation to transfer to the Susquehanna Area
Regional Airport Authority the real estate, buildings, assets
and obligations attendant to and necessary for the operation of
the Capital City Airport and Harrisburg International Airport.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Aviation Restricted Revenue Account.
"Airports." The Capital City Airport and the Harrisburg
International Airport.
"Authority." The Susquehanna Area Regional Airport
Authority.
"Department." The Department of Transportation of the
Commonwealth.
"Property." All assets used in the operation of the
airports, including, but not limited to, all equipment,
machinery, fixtures, files, records, contracts, agreements,
receivables, licenses, certificates, permits and supplies. The
term shall include all legal or equitable interests in real and
personal property as well as all rights and obligations arising
out of the operation of the airports.
Section 4. Conveyance.
The department, with the approval of the Governor, is
authorized on behalf of the Commonwealth to convey to the
authority prior to January 3, 1998, for the sum of $1.00, all
property used in the operation of the airports and the following
land:
(1) All that parcel of land situate in Lower Swatara
Township, County of Dauphin, and Commonwealth of Pennsylvania,
conveyed to the Commonwealth of Pennsylvania by the Highspire
Boating Association by deed dated April 28, 1988, and recorded
in Record Book 1117, Pages 32 through 34, in the office of the
Recorder of Deeds of Dauphin County on May 23, 1988, described
as follows:
Containing 9.646 acres, more or less, being a portion of the
same property conveyed or devised to the Highspire Boating
Association, AKA Highspire Boat Club, by indenture of the Penn
Central Corporation dated April 30, 1980, and recorded in Record
Book 129, Page 99, in the Office of the Recorder of Deeds of
Dauphin County on May 30, 1980, which contains 18.391 acres,
more less.
(2) All that parcel of land situate in the Borough of
Middletown, County of Dauphin, Commonwealth of Pennsylvania,
being a 1.808 acre, more or less, portion of the same property
conveyed or devised to The Pennsylvania Railroad Company by
indenture of The Pennsylvania Canal Company dated October 31,
1901, and recorded in Deed Book Z, Volume 10, Page 429, in the
Office of Recorder of Deeds of Dauphin County, Pennsylvania, the
1.808 acre parcel being bounded on the southeast by property
conveyed or devised to Middletown Borough Authority by indenture
of Robert W. Blanchette et al., Trustees of the Property of Penn
Central Transportation Company, dated September 30, 1976, and
being bounded on the northwest by property conveyed or devised
to the United States of America by indenture of The Pennsylvania
Railroad Company, dated September 15, 1965.
(3) All that tract, piece or parcel of land, with the
improvements erected thereon, situate, lying and being in the
Township of Lower Swatara, County of Dauphin, Commonwealth of
Pennsylvania, bounded and described as follows:
Beginning at a point, said point being a corner common to the
land of the Olmsted Air Force Base and land now or formerly of
the Jednota Orphanage, on the northerly right-of-way line of the
Pennsylvania Railroad, said point being further located north 43
degrees 51 minutes east 242.64 feet or at the northeasterly
extremity of reference line A-C, said point being at the
southwesterly corner of the tract about to be described; thence
with the land of the said orphanage the following bearings and
distances: north 19 degrees 10 minutes east 630.30 feet; north
11 degrees 6 minutes east 146.85 feet; north 11 degrees 9
minutes west 206.25 feet and north 11 degrees 51 minutes east
297 feet, more or less, to the center line of Township Road 382;
thence continuing along the center line of Township Road 382
south 76 degrees 21 minutes east 224.68 feet, more or less, to a
point, which point is also south of certain lands conveyed to
the Pennsylvania State University by deed dated May 12, 1966;
thence continuing along the center line of Township Road 382
south 41 degrees 46 minutes east 198.60 feet, more or less, to a
point; thence continuing along the center line of Township Road
382 south 39 degrees 54 minutes east 797.19 feet; thence
continuing along the center line of said road south 65 degrees
33 minutes east 583.34 feet to a point; thence south 26 degrees
30 minutes west 453.85 feet to a point; thence with the Rosedale
Plan of Lots north 38 degrees 24 minutes west 84.25 feet; thence
by a curve to the right having a radius of 400 feet subtended by
the cord north 38 degrees 24 minutes west 103 feet to a point;
thence with the same north 53 degrees 9 minutes west 104.45 feet
to a point; thence south 18 degrees 40 minutes west 70.45 feet
to a point on the northeasterly line of the Old Pennsylvania
Canal; thence with the line of said canal the two following
courses: south 39 degrees 35 minutes east 12 feet and south 42
degrees 25 minutes east 138 feet to a point on the northeasterly
right-of-way line of State Route 230; thence with the said
highway the following bearings and distances: north 83 degrees
25 minutes west 108.85 feet; north 80 degrees 25 minutes west
372.90 feet; north 79 degrees 10 minutes west 676.50 feet; north
78 degrees 20 minutes west 209.55 feet to the place of
beginning.
Containing 29 acres, more or less, and being Tracts 22, 23,
24, 25, 26 and 27 acquired by the Government for the Olmsted Air
Force Base.
(4) All that tract, piece or parcel of land, with the
improvements erected thereon, situate, lying and being in the
Township of Lower Swatara, County of Dauphin, Commonwealth of
Pennsylvania, bounded and described as follows:
Beginning at an iron pin, said iron pin being on the south
right-of-way line of the Pennsylvania Railroad Company, said
point also being the most westerly of this parcel; thence along
the said R.R.R./W.L. the following 23 courses: south 64 degrees
46 minutes 15 seconds east 405 feet to an iron pin; thence south
26 degrees 43 minutes 15 seconds west 36 feet to an iron pin;
thence south 64 degrees 46 minutes 15 seconds east 553.40 feet
to an iron pin; thence along a curve to the left south 71
degrees 9 seconds east a chord distance of 1254.14 feet to an
iron pin, said curve having a radius of 5769.15 feet, the arc
length of 1256.20 feet; thence south 78 degrees 5 minutes 45
seconds east 607.30 feet to an iron pin; thence south 73 degrees
10 minutes 45 seconds east 701.40 feet to a rail; thence south
78 degrees 35 minutes 45 seconds east 267.86 feet to a rail;
thence south 78 degrees 35 minutes 45 seconds east 18.64 feet to
a conc. mon.; thence south 87 degrees 11 minutes 45 seconds east
31.60 feet to a rail; thence south 87 degrees 11 minutes 45
seconds east 968.25 feet to a conc. mon.; thence south 87
degrees 11 minutes 45 seconds east 1019.85 feet to a conc. mon.;
thence south 82 degrees 37 minutes 45 seconds east 997.10 feet
to a rail; thence south 82 degrees 37 minutes 45 seconds east
900 feet to a post; thence south 25 degrees 42 minutes 15
seconds west 54.85 feet to a conc. mon.; thence south 81 degrees
1 minute 45 seconds east 754.10 feet to an iron pin; thence
north 40 degrees 1 minute 15 seconds east 86.69 feet to an iron
pin; thence south 78 degrees 31 minutes 45 seconds east 300.17
feet to a rail; thence south 77 degrees 3 minutes 45 seconds
east 1066 feet to a conc. mon.; thence south 21 degrees 11
minutes 15 seconds west 10.34 feet to a conc. mon.; thence south
77 degrees 14 minutes 35 seconds east 716.50 feet to an iron
pin; thence south 77 degrees 48 minutes 45 seconds east 63 feet
to an iron pin; thence south 80 degrees 36 minutes 45 seconds
east 211.93 feet to a railroad spike; thence south 81 degrees 27
minutes 45 seconds east 843.90 feet to a stake in the conc.
walk, said stake being in the southwest corner of the Wilson
Street Bridge over the Pennsylvania Railroad; thence south 31
degrees 19 minutes 45 seconds east 126.53 feet to a railroad
spike in Wilson Street; thence along the south side of Wilson
Street Extended south 59 degrees 6 minutes 45 seconds east
287.92 feet to a railroad spike in Grant Street; thence by the
same south 30 degrees 46 minutes 15 seconds west 260 feet to a
railroad spike in the south side of Ann Street Extended; thence
by the same south 59 degrees 6 minutes 45 seconds east 20 feet
to a railroad spike on the west side of Grant Street; thence by
the same south 30 degrees 46 minutes 15 seconds west 1107.36
feet to an iron pin in the side walk on the north side of Mud
Pike Extended; thence by the same north 51 degrees 57 minutes 45
seconds west 800.20 feet to a conc. mon.; thence south 15
degrees 20 minutes 15 seconds west 36.50 feet to a conc. mon.;
thence south 15 degrees 20 minutes 15 seconds west 95.55 feet to
an iron pin; thence south 57 degrees 45 seconds east 26.80 feet
to a conc. mon. on the line of Metropolitan Edison Company;
thence by the same the following seven courses: south 15 degrees
37 minutes 15 seconds west 140 feet to a conc. mon.; thence
north 66 degrees 30 minutes west 11.15 feet to a conc. mon.;
thence south 15 degrees 28 minutes west 1000 feet to a conc.
mon.; thence south 14 degrees 37 minutes 45 seconds west 230
feet to a conc. mon.; thence south 13 degrees 5 minutes 45
seconds west 405 feet to a conc. mon.; thence north 76 degrees
37 minutes 15 seconds west 14.80 feet to a conc. mon.; thence
south 13 degrees 13 minutes 45 seconds west 310.83 feet east to
a point, said point being on the shore line of the Susquehanna
River; thence by the same the following five courses: north 76
degrees 46 minutes 15 seconds west 137.20 feet to a point;
thence south 26 degrees 50 minutes west 783.90 feet to a point;
thence north 63 degrees 10 minutes west 10340.60 feet to a
point; thence north 3 degrees 10 minutes west 864.30 feet to an
iron pin; thence north 57 degrees 1 minute west 310.94 feet to a
point; thence north 26 degrees 43 minutes 15 seconds east 430
feet to an iron pin, a place of beginning.
Containing 643.16 acres.
(5) All those tracts, pieces or parcels of land situate in
Fairview Township, York County, Pennsylvania, bounded and
described as follows:
Beginning at an iron pin in the center line of the concrete
roadway of Lewisberry Road, at the intersection of said line
with the easterly line of York Road; thence along the center
line of said concrete roadway of the Lewisberry Road north 55
degrees 13 minutes east 200 feet to an iron pin; thence along
lands now or formerly of John E. Myers south 34 degrees 47
minutes east 331.1 feet to a point; thence along said lands now
or formerly of John E. Myers south 55 degrees 13 minutes west
119.91 feet to a point; thence by lands of same south 59 degrees
8 minutes west 80.25 feet to a point on the easterly line of
York Road; thence along the easterly line of York Road north 34
degrees 47 minutes west 325.6 feet to a point, the place of
beginning.
Being the same premises which Fred A. Gettys & Associate,
Inc., successor by merger to Johansen & Dugan, Inc., by its deed
dated April 4, 1991, and recorded in the York County Recorder's
Office in Deed Book 146, at Page 1073, conveyed to Stephen R. &
Krista Y. Johansen, his wife.
(6) All those certain three tracts, pieces or parcels of
land situate in Fairview Township, York County, Pennsylvania,
bounded and described as follows:
Tract No. 1
Beginning at a point in the center of the concrete highway at
the corner of the land herein conveyed and that of E. E. Flurrie
and other land of the grantors; thence along the line of land of
said E. E. Flurrie south 87 degrees 30 minutes east 195.6 feet
to a stone; thence continuing along the land of said E. E.
Flurrie north 2 degrees 30 minutes east 245 feet to a stone at
the corner of land herein conveyed and that of E. E. Flurrie and
Baron Von Bestecki; thence along the land of said Bestecki south
87 degrees 30 minutes east 1155.5 feet to a post at the corner
of the land herein conveyed and that of C. Garver; thence along
the line of land of said C. Garver south 17 degrees, 15 minutes
west 1759.25 feet to a stake at the corner of the land herein
conveyed and land of Edison and Chester Good; thence along the
land of said Good Brothers north 74 degrees 15 minutes west 722
feet, more or less, to a point in the center of the concrete
pavement of the Susquehanna Trail, or State Highway Route Number
111; thence along said trail and other land of the grantors
north 14 degrees 52 minutes west 411.7 feet to a point in the
center of aforementioned concrete pavement; thence continuing
along the same north 6 degrees 17 minutes west 172 feet to a
crossmark in the center of said concrete pavement at the
intersection of the Lewisberry Road; thence continuing along the
Susquehanna Trail and other lands of the grantors north 1 degree
55 minutes west 552.8 feet to a point in the center of the
concrete pavement; thence continuing along the same north 3
degrees east 173 feet to the place and point of beginning.
Containing 39 acres.
Excepting therefrom that parcel of land containing 3.21
acres, located along the southern boundary of the aforesaid
described tract of land, which exception was conveyed by the
Capital Landing Field Company, by deed dated December 27, 1935,
to the Mt. Olivet Cemetery Association.
Being the major portion of that tract of land which, by deed
dated May 29, 1929, and recorded in Deed Book Vol. 24-K, Page
689, was conveyed by Florence E. Huber to the Capital Landing
Field Company.
Tract No. 2
Beginning at a post at the corner of Mt. Olivet Cemetery on
the Public Road; thence south 63.75 degrees east 50.8 perches to
a point near a white oak stump joining lands of Martin Kaufman;
thence south 75 degrees east 30 perches to a post; thence north
15.25 degrees east along lands of Jacob Haldeman heirs 253.3
perches to a point in the center of turnpike; thence south 88.25
degrees west 14 perches to a point in the center of turnpike;
thence north 73.75 degrees west 16.8 perches to a point in the
center of the pike; thence south 17 degrees west 1.2 perches to
a post; thence north 77.25 degrees west 13.8 perches to a post;
thence south 16.25 degrees west 13.2 perches to a point; thence
north 73.5 degrees west 74.4 perches to a post; thence south
16.25 degrees west 5.6 perches to a post; thence north seventy-
three and one-half (73.5) degrees west 4 perches to a post;
thence south 15.5 degrees west along the lands of A. Ross heirs
and Jacob Garver heirs 199.8 perches to a post; thence south 76
degrees east 43.7 perches to a post; thence south 14.25 degrees
west 20 perches to a post; the place of beginning.
Containing 175 acres and 142 perches.
Excepting therefrom that parcel of land containing five acres
and one hundred twenty-two and eight-tenths (122.8) perches,
more or less, which exception was conveyed to the Mt. Olivet
Cemetery Association by Annie Baughman by deed dated June 11,
1908, and recorded June 19, 1908, in York County Deed Book Vol.
16-B, Page 690.
Also excepting therefrom that parcel of land containing
28,862.495 square feet conveyed to the Patrick W. Milano
Detachment, Marine Corps League, pursuant to the act of April
20, 1988 (P.L.366, No.58), described as beginning at a point,
said point being the southeast corner of Ross Avenue and First
Street, thence by the southern right-of-way line of Ross Avenue,
south 75 degrees 58 minutes 00 seconds east at a distance of 200
feet to a point at lands of Pennsylvania Department of
Transportation, Airport. Thence by the same, generally following
the toe of slope, the following three courses and distances:
(1) South 50 degrees 48 minutes 50 seconds west a
distance of 95.45 feet to a point.
(2) South 36 degrees 17 minutes 51 seconds west a
distance of 96.02 feet to a point.
(3) South 57 degrees 35 minutes 02 seconds west a
distance of 91.77 feet to a point.
Thence by the same, north 58 degrees 14 minutes 21 seconds west
a distance of 45.40 feet to a point on the eastern right-of-way
line of First Street. Thence by the same, north 14 degrees 02
minutes 00 seconds east a distance of 218 feet to a point, the
place of beginning.
Also excepting therefrom that parcel of land containing five
(5) acres and forty (40) perches, which exception was conveyed
by the Capital Landing Field Company, by deed dated March 20,
1930, to the Mt. Olivet Cemetery Association, recorded December
19, 1935, in Deed Book Vol. 26-I, Page 133.
Being the major portion of that tract of land which, by deed
dated May 29, 1929, and recorded in Deed Book Vol. 24-K, Page
689, was conveyed by Florence E. Huber to the Capital Landing
Field Company.
Tract No. 3
Beginning at a post on the line of the town of New Market;
thence by land formerly of Christian Garver south fourteen and
one-half (14 1/2) degrees west ninety (90) feet to a post;
thence by the same north seventy-four and a half (74 1/2)
degrees west sixty-five (65) feet to land of the late Robert J.
Ross, deceased; thence by the same north fourteen and one-half
(14 1/2) degrees east ninety (90) feet to a post on the line of
the town of New Market; and thence by the town south seventy-
four and one-half (74 1/2) degrees east sixty-five (65) feet to
the place of beginning.
Containing twenty-two (22) perches.
Being the same tract of land which, by deed dated October 31,
1929, and recorded in Deed Book Vol. 24-N, Page 664, was
conveyed by Jacob F. Kreiger and wife to the Capital Landing
Field Company.
Section 5. Easements, etc.
The conveyance shall be made under and subject to all
easements and rights of others, including, but not confined to,
streets, roadways and rights of any telephone, telegraph, water,
electric, sewer, gas or pipeline companies, and under and
subject to any interests, estates or tenancies vested in third
persons, whether or not appearing of record, with respect to any
portion of the land or improvements erected thereon.
Section 6. Indemnification.
(a) By department.--The department is authorized to
indemnify, defend, save and hold harmless the authority, its
members, officers, agents, tenants, consultants,
representatives, licensees, invitees and successors and assigns
for damages, claims, liabilities, losses, costs and expenses by
reason or arising out of:
(1) Any act or negligence or violation by the department
of any Federal, State or local law, statute, ordinance, rule
or regulation with respect to hazardous substances used,
located, spilled or disposed of on or at the airports or
other real property subject to the conveyance during the
department's ownership.
(2) Actions taken by the department prior to the date of
the conveyance pursuant to or in breach of any contract,
provided that the department does not waive the jurisdiction
of the Board of Claims as to certain matters or its rights to
sovereign immunity with regard to claims by third parties
against the department or the authority.
(b) By authority.--The authority shall indemnify, defend,
save and hold harmless the department and its officials and
employees for any damages, claims, liabilities, losses, costs
and expenses by reason or arising out of:
(1) Any act or negligence or violation by the authority
of any Federal, state or local law, statute, ordinance, rule
or regulation or agreement with any environmental agency or
authority with respect to hazardous substances used, located,
spilled or disposed of on or at the airports or other real
property subject to the conveyance.
(2) Actions allegedly taken by the authority subsequent
to the conveyance pursuant to or in breach of any contract
provided that the authority does not waive its rights to
sovereign immunity with regard to claims by third parties
against the authority or the department.
Section 7. Payment to authority; appropriation.
The department is authorized to pay to the authority, in
accordance with the terms of a divestiture agreement entered
into under this act, up to $8,994,000 from the Aviation
Restricted Revenue Account in the Motor License Fund for the
continuing operation of the airports. Such funds as are
necessary, up to this amount, are hereby appropriated to the
department for fiscal year July 1, 1997, to June 30, 1998, for
the purpose of making the payment.
Section 8. Costs and fees.
(a) The authority will pay to the department, in accordance
with the terms of a divestiture agreement entered into under
this act, an amount, not to exceed $16,214,326, equal to the
principal balance or necessary to cover debt service, as of the
date of conveyance, of the loans, bonds, notes payable or other
instruments for capital improvements and other capital costs at
the airports.
(b) All payments to the department made under subsection (a)
shall be credited to the Public Improvement Project's subaccount
in the Capital Facilities Fund.
(c) Costs and fees incidental to this conveyance shall be
borne by the authority.
Section 9. Effective date.
This act shall take effect immediately.
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