Pennsylvania Act 2007-74 — CONVEYANCES - COMMONWEALTH PROPERTY IN LIGONIER BOROUGH, WEST MORELAND COUNTY; CITY OF CONNELLSVILLE, FAYETTE COUNTY; CITY OF ALLENTOWN, LEHIGH COUNTY; BENSALEM TOWNSHIP, BUCKS COUNTY, AND SUSQUEHANNA TOWNSHIP, DAUPHIN COUNTY

Act text

CONVEYANCES - COMMONWEALTH PROPERTY IN LIGONIER BOROUGH, WEST MORELAND
 COUNTY; CITY OF CONNELLSVILLE, FAYETTE COUNTY; CITY OF ALLENTOWN, LEHIGH
    COUNTY; BENSALEM TOWNSHIP, BUCKS COUNTY, AND SUSQUEHANNA TOWNSHIP,
                              DAUPHIN COUNTY
                  Act of Dec. 18, 2007, P.L. 474, No. 74              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Department of Military and Veterans Affairs
        and the Governor, to grant and convey, at a price to be
        determined through a competitive bid process, certain lands,
        buildings and improvements situate in the Borough of
        Ligonier, Westmoreland County; authorizing and directing the
        Department of General Services, with the approval of the
        Governor and the Department of Military and Veterans Affairs,
        to grant and convey certain lands situate in the City of
        Connellsville, a third class city, Fayette County, to the
        City of Connellsville; authorizing and directing the
        Department of General Services, with the approval of the
        Governor, to grant and convey to the Allentown Commercial and
        Industrial Development Authority, or their assigns, certain
        lands situate in the City of Allentown, Lehigh County; and
        authorizing the Department of General Services, with the
        approval of the Governor, to grant and convey to Bensalem
        Township, certain lands situate in Bensalem Township, Bucks
        County; and authorizing the Department of General Services,
        with the approval of the Governor, to grant and convey to the
        Pennsylvania State Employees Credit Union, certain lands
        situate in Susquehanna Township, Dauphin County.

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

     Section 1.  Conveyance in Ligonier Borough, Westmoreland County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Department of Military and Veterans Affairs
     and the Governor, is hereby authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey the following
     tract of land together with any buildings, structures or
     improvements thereon, situate in the Borough of Ligonier,
     Westmoreland County, Pennsylvania. The Department of General
     Services shall sell the property using, in its discretion, one
     of the following methods of sale: an invitation for sealed bids
     or public auction.
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of approximately 2.86 acres
     and a building bounded and more particularly described as
     follows:
        ALL THAT CERTAIN tract of land situate in the Borough of
     Ligonier, Westmoreland County more particularly bounded and
     described as follows:
        BEGINNING at a point in the center line of the Lincoln
     Highway, where the same intersects with the Southeasterly line
     of Walnut Street projected; thence North 46 degrees 13 minutes
     East 39 feet to the right-of-way line of the said Lincoln
     Highway; thence, continuing along the Southeasterly line of
     Walnut Street, North 46 degrees 13 minutes East 743.2 feet to a
     point on the Southwesterly side of a twenty (20) foot alley;
     thence along same and other lands N/F Ligonier Valley Rail Road
     Company, South 43 degrees 47 minutes East 190 feet to a point;
     thence along other lands N/F Ligonier Valley Rail Road Company,
     South 46 degrees 13 minutes West 493.1 feet to a point; thence
     along same, South 69 degrees 3 minutes West 119.3 feet to a
     point; thence along same, South 77 degrees 14 minutes West 163.6
     feet to a point on the right-of-way line of the Lincoln Highway;
     thence South 77 degrees 14 minutes West 46.5 feet to a point in
     the center line of the Lincoln Highway; thence along the center
     line of said Lincoln Highway, North 43 degrees 30 minutes West
     35.5 feet to a point, the place of BEGINNING.
        CONTAINING 2.86-acres more or less.
        BEING the same property conveyed to the Commonwealth of
     Pennsylvania by the Ligonier Valley Rail Road Company in its
     deed, dated July 15, 1937, recorded in the Westmoreland County
     Recorder of Deeds Office in Deed Book Volume 1004, Page 467.
        (c)  Conditions.--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)  Land restriction.--Any 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.
        (e)  Deed of conveyance.--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)  Deposit of proceeds.--The proceeds from the sale shall
     be deposited in the State Treasury Armory Fund.
     Section 2.  Conveyance in City of Connellsville, Fayette County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Department of Military and Veterans Affairs
     and the Governor, is hereby authorized and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey, for
     $50,000, and under terms and conditions to be established in an
     agreement of sale with the Department of General Services, the
     following tract of land together with any buildings, structures
     or improvements thereon, known as the National Guard Armory, 108
     West Washington Avenue, Connellsville, Fayette County,
     Pennsylvania, to the City of Connellsville, described in
     subsection (b).
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of approximately 0.26 acres,
     more or less, known as 108 West Washington Avenue, and more
     particularly bounded and described as follows:
     BEGINNING at the intersection of the northerly line of
     Washington Avenue with the easterly line of Aetna Street; thence
     south, eighty-nine (89) degrees fifty-five (55) minutes east,
     ninety-four (94) feet along said northerly line to the westerly
     line of an eighteen foot alley; thence at right angles along
     said westerly line of said alley north, no (0) degrees five (5)
     minutes east, one hundred twenty-one (121) feet to the southerly
     line of another eighteen foot alley; thence at right angles
     north, eighty-nine (89) degrees fifty-five (55) minutes west,
     ninety-four (94) feet along said southerly line of said last
     mentioned eighteen foot alley to said easterly line of Aetna
     Street; thence at right angles south, no (0) degrees five (5)
     minutes west, one hundred twenty-one (121) feet along said
     easterly line of Aetna Street to the place of beginning.
        Containing: 0.26-acres, more or less.
        (c)  Conditions.--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)  Covenant.--Any conveyance authorized under this act
     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 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 act to be used in
     violation of this subsection, the title shall immediately revert
     to and revest in the grantor.
        (e)  Deed of conveyance.--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)  Deposit of proceeds.--The proceeds from the sale of the
     land and building shall be deposited in the State Treasury
     Armory Fund.
        (h)  Disposal.--In the event the conveyance is not executed
     within six months of the effective date of this act, the
     Department of General Services may dispose of the property for
     the Department of Military and Veterans Affairs 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.
     Section 3.  Conveyance in the City of Allentown, Lehigh County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey to the
     Allentown Commercial and Industrial Development Authority, or
     its assigns, a certain tract of land and improvements thereon,
     being an unused portion of the Allentown State Hospital,
     described in subsection (b) 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 under
     subsection (a) consists of approximately 29.321 acres, more or
     less, and more particularly bounded and described as follows,
     subject to an official survey and plan:
        All that certain lot or parcel of ground being located in the
     City of Allentown in Lehigh County, Pennsylvania and being
     bounded and described as follows:
        BEGINNING at a point on the South line of Allen Street, said
     point being located N 81 degrees 23 minutes 17 seconds E for a
     distance of 678.83 feet from the Southwest corner of North
     Quebec Street and said point being the Northwest corner of this
     described parcel; thence from the place of beginning along the
     South line of Allen Street and the South line of Oil Process
     Systems N 81 degrees 23 minutes 17 seconds E for a distance of
     531.03 feet to a concrete monument found; thence along the lands
     of Bruce Loch and James Burkos the following nine (9) courses
     and distances:
     (1)  S 43 degrees 13 minutes 28 seconds E - 11.42 feet to a
     concrete monument found; thence
     (2)  S 80 degrees 16 minutes 15 seconds W - 54.97 feet to an
     iron pin found; thence
     (3)  S 7 degrees 57 minutes 07 seconds W - 61.34 feet to a
     concrete monument found; thence
     (4)  S 61 degrees 19 minutes 56 seconds E - 163.09 feet to a
     concrete monument found; thence
     (5)  N 68 degrees 57 minutes 39 seconds E - 177.92 feet to a
     point; thence
     (6)  N 58 degrees 25 minutes 17 seconds E - 238.88 feet to a
     concrete monument found; thence
     (7)  N 23 degrees 18 minutes 43 seconds W - 36.00 feet to a
     point; thence
     (8)  N 82 degrees 58 minutes 17 seconds E - 987.97 feet to a
     concrete monument found; thence
     (9)  N 82 degrees 59 minutes 59 seconds E - 1.43 feet to a
     point; thence along Lot No. 1, the residue lands of the
     Commonwealth of Pennsylvania the following eight (8) courses and
     distances:
     (i)  S 6 degrees 55 minutes 39 seconds W - 413.29 feet to a
     point; thence
     (ii)  S 76 degrees 19 minutes 04 seconds W - 378.08 feet to a
     point; thence
     (iii)  S 72 degrees 56 minutes 55 seconds W - 285.07 feet to a
     point; thence
     (iv)  S 43 degrees 48 minutes 06 seconds W - 603.06 feet to a
     point; thence
     (v)  S 54 degrees 56 minutes 04 seconds W - 603.06 feet to a
     point; thence
     (vi)  N 34 degrees 49 minutes 40 seconds W - 160.00 feet to a
     point; thence
     (vii)  N 55 degrees 10 minutes 20 seconds E - 243.03 feet to a
     point; thence
     (viii)  N 27 degrees 11 minutes 30 seconds W - 1032.47 feet to
     the place of beginning.
        CONTAINING 29.321 acres, more or less.
        (c)  Granting and retention of easements.--The Department of
     General Services is authorized to do all of the following:
            (1)  Grant and convey to the Allentown Commercial and
        Industrial Development Authority, or its assigns, any
        easements for utilities and ingress or egress on residual
        lands of the Commonwealth of Pennsylvania at Allentown State
        Hospital necessary to comply with local land development and
        zoning ordinances.
            (2)  Reserve and except any easements on the property to
        be conveyed to the Allentown Commercial and Industrial
        Development Authority under this section necessary for the
        efficient operation of Allentown State Hospital.
        (d)  Easements, servitudes and rights.--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.
        (e)  Land restriction.--
            (1)  Any conveyance authorized under this section shall
        be made under and subject to the following conditions, which
        shall be contained in the deed of conveyance:
                (i)  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.
                (ii)  That the property conveyed shall be used only
            as commercial or senior residential property or both.
            (2)  The condition under paragraph (1) shall be covenants
        running with the land and shall be binding upon the grantee,
        its successors and assigns. If the grantee, its successors or
        assigns permits any portion of the property authorized to be
        conveyed under this section to be used in violation of this
        subsection, the title shall immediately revert to and revest
        in the grantor.
        (f)  Execution.--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.
        (g)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
        (h)  Nonconveyance.--If an agreement of sale between the
     Department of General Services and the Allentown Commercial and
     Industrial Development Authority is not executed within one year
     from the effective date of this section, the authority contained
     under this section shall expire.
     Section 4.  Conveyance in Bensalem Township, Bucks County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized on behalf of
     the Commonwealth of Pennsylvania to grant and convey to Bensalem
     Township certain lands, and all improvements thereon, situate in
     Bensalem Township, Bucks County, 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
     section 1 consists of approximately 15 acres, and all
     improvements thereon, bounded and more particularly described as
     follows:
        BEGINNING at a point at the intersection of New Road and
     Neshaminy Boulevard in Bensalem Township, Bucks County,
     Pennsylvania; thence extending from the point of BEGINNING South
     61 degrees, 58 minutes West 506.04 feet along Neshaminy
     Boulevard to a point; thence extending South 61 degrees 35
     minutes, 25 seconds East 106.36 feet along Neshaminy Boulevard;
     thence extending South 52 degrees 45 minutes West 459.03 feet
     along Neshaminy Boulevard to appoint; thence extending North 28
     degrees 38 minutes West 636.67 feet to a point; thence extending
     North 2 degrees 16 minutes East 228.05 feet to a point along
     Route 1; thence extending North 34 degrees 30 minutes East 298
     feet along the southeast side of U.S. Route 1; thence extending
     North 29 degrees 38 minutes East 74.07 feet along the southeast
     side of U.S. Route 1; thence extending North 34 degrees 30
     minutes East 50.03 feet along the southeast side of U.S. Route 1
     to a point on New Road; thence extending South 53 degrees 5
     minutes West 340 feet to a point; thence extending South 52
     degrees 29 minutes East 770 feet along New Road to the
     intersection of Neshaminy Boulevard, the place of BEGINNING.
        CONTAINING 15-acres, more or less.
        EXCEPTING AND RESERVING all that certain parcel of real
     estate as required by the Pennsylvania Department of
     Transportation for a highway improvement project entitled "SR
     0001 SEC. 03S: SR 1 Reconstruction and Widening Project Required
     Area for PA Turnpike Ramp Reconstruction." The property
     preliminarily determined to be required for this project is
     shown as "Area Required for New Ramp Construction" on a plan
     prepared by the Pennsylvania Department of Transportation titled
     "SR 0001 SEC. 03S: SR 1 Reconstruction and Widening Project
     Required Area for PA Turnpike Ramp Reconstruction", which is on
     file with the Department of General Services. The final legal
     description and acreage of the property to be conveyed, less the
     property to be excepted and reserved for the Pennsylvania
     Department of Transportation use, as aforesaid, shall be
     determined by a Pennsylvania licensed land surveyor prior to
     conveyance.
        (c)  Conditions.--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)  Land use restriction.--Any 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)  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)  Alternate disposal of property.--In the event that the
     grantee and the Department of General Services cannot reach a
     mutually acceptable agreement of sale within 12 months of the
     effective date of this section, the property may be disposed of
     in accordance with Article XXIV-A of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929.
     Section 5.  Conveyance in Susquehanna Township, Dauphin County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey to the
     Pennsylvania State Employees Credit Union certain lands, and any
     improvements thereon, situate in Susquehanna Township, Dauphin
     County for $2,718,600 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 under
     subsection (a) consists of approximately 47.28 acres, and any
     improvements thereon, bounded and more particularly described as
     follows:
        Beginning at a point, said point being located along the
     southerly right-of-way line of Interstate 81, approximately 355
     feet from the centerline of Kohn Road, THE POINT OF BEGINNING;
     thence progressing South 18 degrees 15 minutes 00 seconds East a
     distance of 256.84 feet to a point on the western right-of-way
     line of Kohn Road; thence progressing along said right of way
     along a curve to the right having a radius of 551.04 feet, an
     arc length of 201.48 feet, a chord bearing of South 72 degrees
     53 minutes 02 seconds West, and a chord distance of 200.36 feet
     to a point; thence along said right of way along a curve to the
     right having a radius of 1365.28 feet, an arc length of 130.90
     feet, a chord bearing of South 89 degrees 18 minutes 14 seconds
     West, and a chord distance of 130.84 feet to a point; thence
     progressing along said right of way North 85 degrees 57 minutes
     13 seconds West a distance of 402.09 feet to a point; thence
     progressing along said right of way North 86 degrees 33 minutes
     02 seconds West a distance of 123.91 feet to a point; thence
     progressing along said right of way along a curve to the left
     having a radius of 316.50 feet, an arc length of 92.88 feet, a
     chord bearing of South 85 degrees 02 minutes 33 seconds West,
     and a chord distance of 92.55 feet to a point; thence
     progressing along said right of way along a curve to the left
     having a radius of 155.68 feet, an arc length of 214.47 feet, a
     chord bearing of South 37 degrees 10 minutes 05 seconds West,
     and a chord distance of 197.91 feet to a point; thence
     progressing along said right of way along a curve to the left
     having a radius of 2381.50, an arc length of 230.54 feet, a
     chord bearing of South 05 degrees 04 minutes 21 seconds East,
     and a chord distance of 230.45 feet to a point; thence
     progressing along said right of way South 07 degrees 50 minutes
     44 seconds East a distance of 255.94 feet to a point; thence
     progressing along said right of way South 07 degrees 56 minutes
     18 seconds East a distance of 105.02 feet to a point; thence
     progressing along said right of way South 09 degrees 38 minutes
     55 seconds East a distance of 94.05 feet to a point; thence
     progressing along said right of way South 13 degrees 31 minutes
     27 seconds East a distance of 96.77 feet to a point; thence
     progressing along said right of way South 13 degrees 16 minutes
     31 seconds East a distance of 138.40 feet to a point; thence
     progressing along said right of way South 13 degrees 42 minutes
     07 seconds East a distance of 41.97 feet to a point; thence
     leaving the right of way of Kohn Road and progressing South 82
     degrees 38 minutes 10 seconds West a distance of 1,158.49 feet
     to a point; thence progressing North 07 degrees 21 minutes 50
     seconds West a distance of 1,661.98 feet to a point along the
     southerly right of way of Interstate 81; thence progressing
     along said right of way South 85 degrees 54 minutes 11 seconds
     East a distance of 1,511.03 feet to a point; thence progressing
     along said right of way along a curve to the left having a
     radius of 3939.83, an arc length of 445.14 feet, a chord bearing
     of South 85 degrees 54 minutes 11 seconds East, and a chord
     distance of 444.90 feet to a point; thence progressing along
     said right of way North 00 degrees 51 minutes 37 seconds East a
     distance of 20.00 feet to a point; thence progressing along said
     right of way along a curve to the left having a radius of
     3919.83 feet, an arc length of 239.27 feet, a chord bearing of
     North 89 degrees 06 minutes 42 seconds East, and a chord
     distance of 239.23 feet to a point, THE POINT OF BEGINNING.
        CONTAINING 47.28 Acres.
        (c)  Easements.--The conveyance shall be made under and
     subject to all lawful and enforceable easements, servitudes and
     rights of others, including 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)  Restrictions.--Any 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 under 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. If the
     grantee, its successors or assigns, permits any portion of the
     property authorized to be conveyed under this section to be used
     in violation of this subsection, the title shall immediately
     revert to and revest in the grantor.
        (e)  Special warranty 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)  Proceeds.--The Department of General Services shall
     utilize the proceeds from the conveyance to reimburse itself for
     costs or fees it incurred as a result of this conveyance. Any
     funds remaining after reimbursement to the Department of General
     Services shall be deposited into the Agricultural Farm
     Operations Account established under the act of June 18, 1982
     (P.L.549, No.159), entitled "An act providing for the
     administration of certain Commonwealth farmland within the
     Department of Agriculture."
        (h)  Alternate disposal.--If the grantee and the Department
     of General Services cannot reach a mutually acceptable agreement
     of sale within 12 months of the effective date of this section,
     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.
     Section 6.  Effective date.
        This act shall take effect immediately.