Pennsylvania Act 2001-76 — CONVEYANCE - COMMONWEALTH PROPERTY IN LACKAWANNA AND HUNTINGDON COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN LACKAWANNA AND HUNTINGDON COUNTIES
                  Act of Jun. 26, 2001, P.L. 749, No. 76              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of Transportation, with
        the approval of the Governor, to convey to Scranton School
        District two parcels of land situated in the City of
        Scranton, Lackawanna County, Pennsylvania; authorizing and
        directing the Department of General Services, with the
        approval of the Governor, to grant and convey to Smithfield
        Township or its assigns certain lands situate in Smithfield
        Township, Huntingdon County; and making a repeal.

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

     Section 1.  Transfer in Scranton, Lackawanna County.
        (a)  Authorization and description.--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 Scranton School District
     for 50% of the fair market value as determined by an independent
     appraisal approved by the Department of Transportation the
     following parcels of land situated in the City of Scranton,
     Lackawanna County, Pennsylvania, bounded and described as
     follows:
                               Parcel No. 1
        All that parcel of land situate in the City of Scranton,
     County of Lackawanna and State of Pennsylvania, bounded and
     described as follows:
        Beginning at a point located 177.75 feet right perpendicular
     from SR 3027 baseline station 58+53.76; thence North 9 degrees
     35 minutes 28 seconds West 314.14 feet; thence North 8 degrees
     34 minutes 38 seconds West 551.17 feet; thence North 9 degrees
     39 minutes 21 seconds West 526.46 feet; thence North 65 degrees
     39 minutes 54 seconds East 18.00 feet to a point on a curve
     having a radius of 1547.28 feet and a central angle of 14
     degrees 39 minutes 54 seconds; thence along the arc of the curve
     a distance of 396.03 feet, the arc subtended by a chord bearing
     South 31 degrees 40 minutes 3 seconds East a distance of 394.95
     feet; thence South 0 degrees 29 minutes 45 seconds East 31.81
     feet to a point on a curve having a radius of 1567.28 feet and a
     central angle of 9 degrees 48 minutes 0 seconds; thence along
     the arc of the curve a distance of 268.07 feet, the arc
     subtended by a chord bearing South 44 degrees 48 minutes 36
     seconds East a distance of 267.74 feet; thence South 49 degrees
     45 minutes 28 seconds East 105.69 feet; thence South 49 degrees
     34 minutes 08 seconds East 92.46 feet; thence South 49 degrees
     48 minutes 24 seconds East 108.45 feet; thence North 38 degrees
     45 minutes 02 seconds East 1.80 feet; thence South 52 degrees 39
     minutes 08 seconds East 32.35 feet; thence South 58 degrees 59
     minutes 23 seconds East 255.04 feet; thence South 45 degrees 35
     minutes 31 seconds East 345.92 feet to a point on a curve,
     having a radius of 188.00 feet and a central angle of 16 degrees
     42 minutes 10 seconds; thence along the arc of the curve a
     distance of 54.81 feet, the arc subtended by a chord bearing
     South 37 degrees 07 minutes 17 seconds East a distance of 54.61
     feet; thence South 53 degrees 49 minutes 38 seconds West 461.58
     feet to a point on a curve having a radius of 2964.79 feet and a
     central angle of 2 degrees 40 minutes 57 seconds; thence along
     the arc of the curve a distance of 138.80 feet, the arc
     subtended by a chord bearing South 52 degrees 29 minutes 10
     seconds West a distance of 138.79 feet to a point on a curve,
     having a radius of 290.00 feet and a central angle of 112
     degrees 16 minutes 17 seconds thence along the arc of the curve
     a distance of 568.26 feet, the arc subtended by a chord bearing
     North 72 degrees 43 minutes 14 seconds West a distance of 481.61
     feet to a point on a curve having a radius of 611.19 feet and a
     central angle of 2 degrees 20 minutes 13 seconds; thence along
     the arc of the curve a distance of 24.93 feet, the arc subtended
     by a chord bearing North 15 degrees 25 minutes 01 seconds West a
     distance of 24.93 feet to the point of beginning. Containing
     17.6529 acres, more or less.
        Excepting and reserving a drainage easement beginning at a
     point located 842.88 feet right perpendicular from SR 3027
     baseline station 56+80.14; thence South 53 degrees 49 minutes 38
     seconds West 154.10 feet to a point on a curve having a radius
     of 3014.79 feet and a central angle of 5 degrees 39 minutes 37
     seconds; thence along the arc of the curve a distance of 297.84
     feet, the arc subtended by a chord bearing South 50 degrees 59
     minutes 49 seconds West a distance of 297.72 feet, to a point on
     a curve, having a radius of 290.00 feet and a central angle of
     32 degrees 41 minutes 21 seconds thence along the arc of the
     curve a distance of 165.45 feet, the arc subtended by a chord
     bearing North 67 degrees 29 minutes 17 seconds East a distance
     of 163.22 feet to a point on a curve having a radius of 2964.79
     feet and a central angle of 2 degrees 40 minutes 57 seconds
     thence along the arc of the curve a distance of 138.80 feet, the
     arc subtended by a chord bearing North 52 degrees 29 minutes 10
     seconds East a distance of 138.79 feet; thence North 53 degrees
     49 minutes 42 seconds East 219.63 feet; thence North 30 degrees
     42 minutes 49 seconds West 644.17 feet to a point on a curve,
     having a radius of 751.20 feet and a central angle of 4 degrees
     41 minutes 48 seconds; thence along the arc of the curve a
     distance of 61.58 feet, the arc subtended by a chord bearing
     North 33 degrees 03 minutes 43 seconds West a distance of 61.56
     feet; thence North 49 degrees 40 minutes 04 seconds West 158.40
     feet; thence North 49 degrees 45 minutes 28 seconds West 105.69
     feet to a point on a curve having a radius of 1567.28 feet and a
     central angle of 9 degrees 48 minutes 00 seconds; thence along
     the arc of the curve a distance of 268.07 feet, the arc
     subtended by a chord bearing North 44 degrees 48 minutes 36
     seconds West, a distance of 267.74 feet; thence North 0 degrees
     29 minutes 45 seconds West 31.81 feet; thence North 37 degrees
     45 minutes 26 seconds West 67.08 feet; thence North 45 degrees
     03 minutes 34 seconds West 178.46 feet; thence North 45 degrees
     03 minutes 36 seconds West 46.41 feet; thence South 9 degrees 10
     minutes 01 seconds East 119.40 feet; thence South 45 degrees 03
     minutes 34 seconds East 622.40 feet to a point on a curve,
     having a radius of 681.20 feet and a central angle of 14 degrees
     20 minutes 45 seconds thence along the arc of the curve a
     distance of 170.56 feet, the arc subtended by a chord bearing
     South 37 degrees 53 minutes 12 seconds East a distance of 170.12
     feet; thence South 30 degrees 42 minutes 50 seconds East 600.63
     feet to the point of beginning. Containing 2.5114 acres, more or
     less.
                               Parcel No. 2
        All that parcel of land situate in the City of Scranton,
     County of Lackawanna and State of Pennsylvania, bounded and
     described as follows to wit:
        Beginning at a point located 664.44 feet right perpendicular
     from SR 3029 baseline station 115+10.97; thence South 20 degrees
     59 minutes 10 seconds West 209.82 feet; thence North 76 degrees
     38 minutes 00 seconds West 42.88 feet; thence South 55 degrees
     41 minutes 13 seconds West 139.77 feet; thence North 27 degrees
     45 minutes 07 seconds West 143.42 feet; thence North 19 degrees
     12 minutes 35 seconds West 518.94 feet to a point on a curve
     having a radius of 2764.79 feet and a central angle of 2 degrees
     35 minutes 35 seconds; thence along the arc of the curve a
     distance of 125.13 feet, the arc subtended by a chord bearing
     North 52 degrees 31 minutes 51 seconds East a distance of 125.12
     feet; thence North 53 degrees 49 minutes 38 seconds East 489.58
     feet to a point on a curve having a radius of 188.00 feet and a
     central angle of 20 degrees 14 minutes 57 seconds; thence along
     the arc of the curve a distance of 66.44 feet, the arc subtended
     by a chord bearing South 55 degrees 35 minutes 51 seconds East a
     distance of 66.10 feet; thence South 45 degrees 28 minutes 23
     seconds East 24.62 feet; thence South 5 degrees 27 minutes 40
     seconds West 547.35 feet; thence South 20 degrees 46 minutes 24
     seconds West 125.98 feet to the point of beginning. Containing
     7.5465 acres, more or less.
        Excepting and reserving a drainage easement beginning at a
     point located 100 feet right perpendicular from SR 3029 baseline
     station 116+64.82; thence along a curve having a radius of
     110.00 feet and a central angle of 52 degrees 20 minutes 36
     seconds a distance of 100.49 feet, the arc subtended by a chord
     bearing South 0 degrees 01 minutes 03 seconds West a distance of
     97.03 feet; thence South 26 degrees 11 minutes 21 seconds West
     0.0029 feet to a point on a curve, having a radius of 65.00 feet
     and a central angle of 27 degrees 24 minutes 06 seconds thence
     along the arc of the curve a distance of 31.09 feet, the arc
     subtended by a chord bearing South 12 degrees 29 minutes 18
     seconds West a distance of 30.79 feet; thence South 1 degree 12
     minutes 45 seconds East 129.82 feet; thence South 1 degree 24
     minutes 22 seconds West 373.15 feet; thence South 28 degrees 43
     minutes 35 seconds East 144.65 feet; thence South 55 degrees 41
     minutes 13 seconds West 70.33 feet; thence North 28 degrees 43
     minutes 35 seconds West 170.34 feet; thence North 1 degree 24
     minutes 22 seconds East 390.39 feet; thence North 1 degree 12
     minutes 45 seconds West 128.22 feet to a point on a curve having
     a radius of 135.00 feet and a central angle of 27 degrees 24
     minutes 06 seconds; thence along the arc of the curve a distance
     of 64.56 feet, the arc subtended by a chord bearing North 12
     degrees 29 minutes 18 seconds East, a distance of 63.95 feet to
     a point on a curve having a radius of 40.00 feet and a central
     angle of 33 degrees 47 minutes 04 seconds; thence along the arc
     of the curve a distance of 23.59 feet, the arc subtended by a
     chord bearing North 9 degrees 18 minutes 04 seconds East a
     distance of 23.25 feet; thence North 53 degrees 49 minutes 38
     seconds East 73.20 feet to the point of beginning. Containing
     1.2508 acres, more or less.
        (b)  Deed.--The deed of conveyance shall contain a
     reversionary clause by which any of the land conveyed shall
     revert to the Commonwealth if it shall no longer be used for
     public school purposes, shall be approved as provided by law and
     shall be executed by the Secretary of Transportation in the name
     of the Commonwealth of Pennsylvania.
        (c)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (d)  Proceeds.--Moneys received from the conveyance shall be
     deposited in the Motor License Fund.
     Section 2.  Transfer in Smithfield Township, Huntingdon 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 Smithfield Township or its assigns certain lands on
     the grounds of the State Correctional Institution - Huntingdon
     described in subsection (b) for fair consideration equal to fair
     market value as determined by independent appraisal.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately 115.93 acres, more
     particularly described as follows:
                                 Parcel A
        BEGINNING at a point on the southern edge of the right-of-way
     for S.R. 0022, said point being marked by an iron pin; thence
     along the right-of-way for S.R. 0022 along an arc curve to the
     right having a radius of 11399.19 feet a distance of 1684.83
     feet to a point marked by an iron pin and located on the
     southern edge of S.R. 0022; thence along same South 56 degrees
     09 minutes 17 seconds East, 615.78 feet to an iron pin; thence
     along the northern edge of the right-of-way for S.R. 0026 South
     59 degrees 16 minutes 17 seconds West, 869.30 feet to an iron
     pin; thence along same South 30 degrees 43 minutes 43 seconds
     East, 5.00 feet to an iron pin; thence along same South 59
     degrees 16 minutes 17 seconds West, 705.94 feet to an iron pin;
     thence along other lands of the Grantor herein North 47 degrees
     24 minutes 36 seconds West, 726.62 feet to a concrete monument;
     thence along same North 58 degrees 18 minutes 08 seconds West,
     1032.36 feet to an iron pin; thence along same North 17 degrees
     30 minutes 01 seconds East, 1081.12 feet to a railroad spike;
     thence along lands now or formerly of Muirco, Inc. South 80
     degrees 04 minutes 19 seconds East, 471.91 feet to an iron pin
     the place of BEGINNING.
        CONTAINING 67.20 acres and denominated as Parcel A on a Plan
     of Survey for the Township of Smithfield dated August 20, 1998,
     and denominated as Project No. 1002-01 D-3 prepared by G. I.
     Phillips, III, PLS.
                                 Parcel B
        BEGINNING at an iron pin on the southern edge of the right-
     of-way for S.R. 0026; thence along the southern edge of the
     right-of-way for S.R. 0026 North 57 degrees 25 minutes 17
     seconds East, 734.85 feet to an iron pin; thence along same
     along an arc curve to the right having an arc radius of 11434.19
     feet an arc length of 369.19 feet to an iron pin; thence along
     same North 59 degrees 16 minutes 17 seconds East 901.75 feet to
     an iron pin; thence along other lands of the Grantor herein
     South 30 degrees 43 minutes 42 seconds East, 1038.52 feet to an
     iron pin; thence along same South 58 degrees 25 minutes 14
     seconds West, 1467.30 feet to an iron pin; thence along lands
     now or formerly of William E. Swigart, Jr. North 58 degrees 18
     minutes 09 seconds West, 1162.69 feet to an iron pin, the place
     of BEGINNING.
        CONTAINING 41.76 acres and denominated as parcel B on a Plan
     of Survey for the Township of Smithfield dated August 20, 1998,
     and denominated as Project No. 1002-01 D-3 prepared by G. I.
     Phillips, III, PLS.
                                 Parcel C
        BEGINNING at an iron pin located on the southern edge of the
     right-of-way for S.R. 0022; thence along lands now or formerly
     of the Grantor herein South 33 degrees 50 minutes 43 seconds
     West, 416.55 feet to an iron pin; thence along same South 60
     degrees 56 minutes 46 seconds West, 56.36 feet to a point in the
     water; thence along same North 50 degrees 46 minutes 27 seconds
     West, 712.79 feet to an iron pin; thence along same North 39
     degrees 13 minutes 37 seconds East, 171.29 feet to an iron pin;
     thence along same along an arc curve to the left having an arc
     radius of 203.49 feet an arc length of 139.67 feet to an iron
     pin; thence along same along an arc curve to the right having a
     radius of 119.39 feet a length of 119.25 feet; thence along the
     southern edge of the right-of-way for S.R. 0022 South 56 degrees
     09 minutes 17 seconds East, 618.41 feet to an iron pin the place
     of BEGINNING.
        CONTAINING 6.97 acres, more or less, and being denominated as
     Parcel C on a Plan of Survey for the Township of Smithfield
     dated August 20, 1998, and denominated as Project No. 1002-01 D-
     3 prepared by G. I. Phillips, III, PLS.
        (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)  Covenants and restrictions.--The deed of conveyance
     shall contain the following covenants and restrictions:
            (1)  No alterations, construction, development, earth
        disturbance or excavation will take place within one hundred
        fifty (150) feet of the Mason Spring Reservoir fence located
        on residual lands of the Commonwealth of Pennsylvania and
        Parcels A, B and C.
            (2)  Grantee, its successors and assigns will protect and
        preserve the water resources of the Commonwealth located at
        the Mason Spring Reservoir Area. In the event contamination
        of the water resources occurs as a result of development or
        use on Parcels A, B or C, the grantee shall take the
        necessary steps to decontaminate the water sources and shall
        be responsible for all incidental and consequential costs
        that the Commonwealth of Pennsylvania may incur as a result
        of the contamination.
        (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)  Disposal.--In the event that this conveyance is not
     executed with Smithfield Township or its assigns, 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.
        (h)  Repeal.--Section 3 of the act of December 19, 1997
     (P.L.623, No.66), entitled "An act authorizing and directing the
     Department of General Services, with the approval of the
     Governor, to grant and convey to the City of McKeesport a tract
     of land situate in the Seventh Ward, City of McKeesport,
     Allegheny County, and to sell and convey to Smithfield Township
     certain land situate in the Township of Smithfield, Huntingdon
     County; and authorizing and directing the Department of General
     Services, with the approval of the Governor, to convey tracts of
     land and buildings, consisting of a portion of the former
     Laurelton Center, located in Hartley Township, Union County,
     Pennsylvania," is repealed.
     Section 3.  Effective date.
        This act shall take effect immediately.