HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, MARCH 4, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 30, 2009   

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 to East Vincent

Township, certain lands situate in East Vincent Township,

Chester County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance to East Vincent Township, Chester 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 to East Vincent

Township two tracts of land, being a portion of the Southeastern

Pennsylvania Veterans' Center, situate in East Vincent Township,

Chester County for $1.

(b)  Description.--The property to be conveyed pursuant to

subsection (a) consists of approximately 95.903 acres and any

improvements thereon bounded and more particularly described as

follows:

TRACT "A"

ALL THAT CERTAIN tract or piece of land situate on the east

side of Pennhurst Road (50 feet wide) and the north side of King

Street (T-577, 57 feet wide), being Tract "A" of the

Southeastern PA Veterans' Center Subdivision in the Township of

East Vincent, County of Chester and Commonwealth of

Pennsylvania, being more fully bounded and described in

accordance with a survey by Kent Surveyors, designated

214-005-08, as follows, to wit:

BEGINNING at a point near the centerline of Pennhurst Road

(50 feet wide), a corner of lands of Joyce M. Fox; thence along

said centerline the three following courses and distances: (1)

North 06 degrees 37 minutes 55 seconds East, 363.72 feet to a

point; (2) in a northerly direction by a line curving to the

left having a radius of 1098.14 feet, a delta angle of 9 degrees

22 minutes 14 seconds, an arc length of 179.60 feet and a chord

bearing North 01 degrees 56 minutes 48 seconds East, a chord

distance of 179.40 feet to a point; (3) North 02 degrees 44

minutes 19 seconds West, 82.48 feet to a point, a corner of

Tract "B" in the above-mentioned subdivision; thence leaving

said road along Tract 'B" the two following courses and

distances: (1) South 88 degrees 15 minutes 10 seconds East,

999.47 feet to a point; (2) North 00 degrees 23 minutes 12

seconds West, 329.02 feet to a point, a corner of residue lands

of the Commonwealth of Pennsylvania in the above-mentioned

subdivision; thence along lands of the same the four following

courses and distances: (1) North 88 degrees 03 minutes 06

seconds East, 754.07 feet to a point; (2) South 29 degrees 54

minutes 13 seconds East, 580.85 feet to a point; (3) South 79

degrees 58 minutes 15 seconds East, 447.91 feet to a point; (4)

South 87 degrees 46 minutes 40 seconds East, 1163.25 feet to a

point, a corner of lands of PECO; thence along lands of the same

the seven following courses and distances: (1) in a southerly

direction by a line curving to the left having a radius of

1258.00 feet, a delta angle of 13 degrees 45 minutes 16 seconds,

an arc length of 302.00 feet and a chord bearing South 03

degrees 21 minutes 57 seconds East, a chord distance of 301.27

feet to a point; (2) South 10 degrees 14 minutes 35 seconds

East, 112.00 feet to a point; (3) south 03 degrees 03 minutes 35

seconds East, 233.00 feet to a point; (4) in a southerly

direction by a line curving to the left having a radius of

3213.00 feet, a delta angle of 3 degrees 36 minutes 01 second,

an arc length of 201.90 feet and a chord bearing South 04

degrees 51 minutes 36 seconds East, a chord distance of 201.87

feet to a point; (5) South 06 degrees 39 minutes 35 seconds

East, 143.00 feet to a point; (6) North 88 degrees 04 minutes 32

seconds West, 35.00 feet to a point; (7) South 12 degrees 04

minutes 32 seconds East, 75.00 feet to a point in the centerline

of King Street (57 feet wide-unimproved); thence along the

centerline of said road the five following courses and

distances: (1) North 88 degrees 04 minutes 32 seconds West,

92.27 feet to a point; (2) North 85 degrees 04 minutes 32

seconds West, 195.84 feet to an iron pipe; (3) North 87 degrees

00 minutes 21 seconds West, 25.82 feet to a point; (4) North 86

degrees 17 minutes 21 seconds West, 433.94 feet to a point; (5)

North 82 degrees 15 minutes 21 seconds West, 836.05 feet to an

iron pin, a corner of the Haverfield Subdivision (Chester County

Plan No. 13682); thence along said subdivision the four

following courses and distances: (1) North 82 degrees 24 minutes

57 seconds West, 15.15 feet to an iron pin; (2) North 05 degrees

26 minutes 39 seconds East, 280.17 feet to a point; (3) North 82

degrees 17 minutes 05 seconds West, 833.23 feet to an iron pin,

a corner of lands of David L. Simon and Elizabeth R. Simon, and

the Mennonite Foundation, Inc.; thence along lands of the same,

North 82 degrees 17 minutes 43 seconds West, 865.24 feet to a

point, a corner of lands of Joyce M. Fox; thence along lands of

the same, North 82 degrees 45 minutes 59 seconds West, 215.67

feet to a point near the centerline of Pennhurst Road, the place

of BEGINNING.

Containing 79.521-acres.

TRACT "B"

ALL THAT CERTAIN tract or piece of land situate on the east

side of Pennhurst Road (50 feet wide) and the south side of

Dunlap Road (50 feet wide), being Tract "B" of the Southeastern

PA Veterans' Center Subdivision in the Township of East Vincent,

County of Chester and Commonwealth of Pennsylvania, being more

fully bounded and described in accordance with a survey by Kent

Surveyors, designated 214-005-08, as follows, to wit:

BEGINNING at a point near the centerline of Pennhurst Road

(50 feet wide), a corner of Tract "A" in the above-mentioned

subdivision in line of lands of SHGC; thence along lands of SHGC

and residue lands of the Commonwealth of Pennsylvania in the

above-mentioned subdivision along said centerline, North 02

degrees 44 minutes 19 seconds West, 645.37 feet to a point;

thence leaving said road along said residue lands and along the

southern right of way line of Dunlap Road (50 feet wide), North

84 degrees 59 minutes 40 seconds East, 1028.60 feet to a point;

thence leaving said road along said residue lands and along

Tract "A" in the above-mentioned subdivision, South 00 degrees

23 minutes 12 seconds East, 764.87 feet to a point, a corner of

Tract "A"; thence along Tract "A", North 88 degrees 15 minutes

10 seconds West, 999.47 feet to a point near the centerline of

Pennhurst Road, the place of BEGINNING.

Containing 16.382-acres.

(c)  Conditions.--The following conditions shall apply:

<--

(1)  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.

(2)  In no event shall the conveyance of the parcel known

<--

as Tract B be executed until living accommodations have been

arranged and permanently established for all residents of the

Southeastern Veterans Center that occupy buildings situate on

land to be conveyed.

(3)  The Veterans Administration clinic occupying certain

buildings located on the land to be conveyed shall be

permitted, and is hereby authorized, to continue to occupy

those buildings until such time as accommodations have been

arranged and permanently established in conformity with the

provision of paragraph (2).

(d)  Restrictive covenant.--The deed of conveyance shall

contain the following restrictive covenant: Under and subject to

a restriction that the land conveyed herein shall be used solely

for recreational open space for the benefit of the public at

large. Should the Grantee, or its successors, attempt to convey

the property, or utilize it for any other purpose, the property

shall immediately revert to the Grantor.

(e)  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, and its successors. Should the

Grantee, or its successors, 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.

(f)  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.

(g)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the Grantee.

(h)  Expiration.--In the event that this conveyance is not

executed within five years of the effective date of this

section, the authorization contained herein shall expire.

Section 2. Effective date.

This act shall take effect immediately.