| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 1224 | PRINTER'S NO. 1756 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STOUT, PIPPY AND KASUNIC, JUNE 26, 2009 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010 |
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| AN ACT |
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1 | Authorizing the Department of General Services, with the |
2 | approval of the Governor, to grant and convey to Washington |
3 | County Authority, certain lands situate in Cecil Township, |
4 | Washington County. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Washington County. |
8 | (a) Authorization.--The Department of General Services, with |
9 | the approval of the Governor, is authorized on behalf of the |
10 | Commonwealth, to grant and convey to Washington County Authority |
11 | three tracts of land situate in Cecil Township, Washington |
12 | County, under terms and conditions to be established in an |
13 | Agreement of Sale with the Department of General Services. The | <-- |
14 | consideration received by the Department of General Services for |
15 | the sale of the three tracts shall be no less than $615,000. |
16 | (b) Description.--The property to be conveyed pursuant to |
17 | this section consists of three parcels of vacant land containing |
18 | 67.875 acres, being bounded and more particularly described as |
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1 | follows: |
2 | PARCEL No. 140-014-00-00-0029-00 |
3 | ALL THAT CERTAIN PARCEL of land situate in Cecil Township, |
4 | Washington County, Commonwealth of Pennsylvania being South of |
5 | the Southpointe Exit on Interstate 79 (SR 79) and beginning on |
6 | the right-of-way along said interstate highway, being more |
7 | particularly described as follows: |
8 | BEGINNING at a point on the legal right-of-way of line of |
9 | Interstate 79 and the lands herein described by the following |
10 | courses and distances: Thence North 51°-35'-01" East a distance |
11 | of 10.00' to a point common to the lands of now or formerly of |
12 | the Commonwealth of Pennsylvania and the lands herein described: |
13 | Thence North 28°-00'-30" West a distance of 1273.05' to an iron |
14 | pin found common to the lands of said Commonwealth and the lands |
15 | herein described: Thence North 26°-55'-56" West a distance of |
16 | 264.00' to an iron pin found common to the lands of said |
17 | Commonwealth and the lands herein described: Thence South |
18 | 62°-49'-01" West a distance of 283.76' to an iron pin set common |
19 | to the lands of said Commonwealth, a point on the legal right of |
20 | way line of Interstate 79, and the lands herein described: |
21 | Thence by a curve to the left having a radius of 2112.01' and |
22 | arc length of 245.25' and a chord bearing and distance of South |
23 | 35°-05'-24" East for a distance of 245.11' to a point on the |
24 | legal right-of-way line of Interstate 79 and the lands herein |
25 | described: Thence South 38°-24'-59" East a distance of 1321.40' |
26 | to a point, the place of BEGINNING. |
27 | CONTAINING a total area of 5.342 acres. |
28 | BEING designated as Tract 2, and described in accordance with a |
29 | survey performed by Widmer Engineering, Inc., in September of |
30 | 2008, last revised January 20, 2009. |
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1 | PARCEL No. 140-014-00-00-0019-01 |
2 | ALL THAT CERTAIN PARCEL of land situate in Cecil Township, |
3 | Washington County, Commonwealth of Pennsylvania being South of |
4 | the Southpointe Exit on Interstate 79 (SR 79) and beginning on |
5 | the right-of-way along said interstate highway more particularly |
6 | described as follows: |
7 | BEGINNING at a point on the legal right-of-way line of |
8 | Interstate 79 and common to the lands herein described by the |
9 | following courses and distances: Thence North 28°-00'-30" West a |
10 | distance of 1273.05' to an iron pin found common to the lands of |
11 | now or formerly of the Commonwealth of Pennsylvania and the land |
12 | herein described: Thence North 57°-19'-02" East a distance of |
13 | 547.80' to an iron pin found common to the lands of said |
14 | Commonwealth, the Weaver Heritage Trust and the lands herein |
15 | described: Thence South 39°-33'-03" East a distance of 1345.95' |
16 | to an iron pin found common to the lands of the Weaver Heritage |
17 | Trust, Maple Leaf Homes Inc., and the lands herein described: |
18 | Thence South 44°-43'-57" East a distance of 1201.09' to a point |
19 | common to the lands of said Maple Leaf Homes, and the lands |
20 | herein described: Thence South 73°-16'-03" West a distance of |
21 | 1004.94' to a point on the legal right-of-way line of Interstate |
22 | 79 and common to lands of the said Commonwealth, and the lands |
23 | herein described: Thence North 38°-24'-59" West a distance of |
24 | 970.80' to a point, the place of BEGINNING. |
25 | CONTAINING a total area of 41.483 acres. |
26 | BEING designated as Tract 3, and described in accordance with a |
27 | survey performed by Widmer Engineering, Inc., in September of |
28 | 2008, last revised January 20, 2009. |
29 | PARCEL No. 140-014-00-00-0030-00 |
30 | ALL THAT CERTAIN PARCEL of land situate in Cecil Township, |
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1 | Washington County, Commonwealth of Pennsylvania being South of |
2 | the Southpointe Exit on Interstate 79 (SR79) and beginning on |
3 | the right-of-way along said interstate highway more particularly |
4 | described as follows: |
5 | BEGINNING at an iron pin set on the legal right-of-way line of |
6 | Interstate 79 and common to the lands of the Commonwealth of |
7 | Pennsylvania, and the lands herein described by the following |
8 | courses and distances: Thence North 73°-16'-03" East to an iron |
9 | pin set on line at station 9+89.94', for a distance of 1004.94' |
10 | to a point common to the lands of said Commonwealth, Maple Leaf |
11 | Homes, Inc., and the lands herein described: Thence South |
12 | 35°-06'-04" East a distance of 630.30' to an iron pin set common |
13 | to the lands of said Maple Leaf Homes, and the lands herein |
14 | described: Thence South 40°-36'-04" East a distance of 833.77' |
15 | to an iron pin set common to the lands of said Maple Leaf Homes |
16 | and the right-of-way of Morganza Road (S.R. 1009); Thence the |
17 | following five (5) courses and distances along the legal right- |
18 | of-way line of Morganza Road South 53°-17'-48" West a distance |
19 | of 18.64' to a point: Thence South 36°-42'-12" East a distance |
20 | of 20.00 feet to a point: Thence South 53°-17'-48" West a |
21 | distance of 75.89 feet to a point: Thence by a curve to the left |
22 | having a radius of 1298.24' an arc length of 152.79' and a chord |
23 | bearing and distance of South 49°-55'-36" West for 152.70' to a |
24 | point: Thence South 46°-33'-18" West a distance of 61.95' to a |
25 | point in Chartiers Creek, and common to the lands of said |
26 | William and Carolyn Byham, and the lands herein described: |
27 | Thence North 46°-38'-09" West a distance of 228.02 feet to a |
28 | point in Chartiers Creek and common to the lands of William and |
29 | Carolyn Byham, and the lands herein described: Thence North |
30 | 61°-08'-09" West a distance of 528.00' to a point common to the |
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1 | lands of said Byham and the lands herein described: Thence North |
2 | 72°-23'-09" West a distance of 396.00' to a point in said creek |
3 | and common to the lands of said Byham and the lands herein |
4 | described: Thence North 34°-53'-09" West a distance of 231.00' |
5 | to a point common to lands of said Byham and the lands herein |
6 | described: Thence North 82°-53'-09" West a distance of 132.00' |
7 | to a point common to lands of said Byham, and the lands herein |
8 | described: Thence South 69°-06'-51" West a distance of 45.83' to |
9 | a point on the legal right-of-way line of Interstate 79, and |
10 | common to lands of said Byham and the land herein described: |
11 | Thence North 38°-24'-59" West a distance of 108.85' to a point |
12 | common the the legal right of line of Interstate 79 and the |
13 | lands herein described: Thence by the legal right-of-way line of |
14 | Interstate 79 the following four (4) courses and distances South |
15 | 51°-35'-01" West a distance of 50.00' to a point; Thence North |
16 | 38°-24'-59" West a distance of 275.00' to a point: Thence North |
17 | 51°-35'-01" East a distance of 10.00' to a point; Thence North |
18 | 38°-24'-59" West a distance of 97.20' to a point, the place of |
19 | beginning. |
20 | SUBJECT TO an area taken by the Pennsylvania Department of |
21 | Transportation for a channel change of Chartiers Creek |
22 | containing 2.299 acres. |
23 | CONTAINING a total area of 23.349 acres. (Total area includes |
24 | area of channel change) |
25 | BEING designated as Tract 4, and described in accordance with a |
26 | survey performed by Widmer Engineering, Inc., in September of |
27 | 2008, last revised January 20, 2009. |
28 | (c) Reservation.--To effectuate this section, the department |
29 | is authorized, on behalf of the Commonwealth, to reserve or |
30 | grant any easements on property known as the Department of |
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1 | Transportation's Washington County Maintenance Facility, as the |
2 | Secretary of General Services determines are appropriate or |
3 | desirable, including for access and utility service. |
4 | (d) Conditions.-- |
5 | (1) The conveyance shall be made under and subject to |
6 | all lawful and enforceable easements, servitudes and rights |
7 | of others, including streets, roadways and rights of any |
8 | telephone, telegraph, water, electric, gas or pipeline |
9 | companies, and under and subject to any lawful and |
10 | enforceable estates or tenancies vested in third persons |
11 | appearing of record, for any portion of the land or |
12 | improvements erected on the land. |
13 | (2) The conveyance shall be made under and subject to |
14 | the condition, which must be contained in the deed of |
15 | conveyance, that no portion of the property conveyed shall be |
16 | used as a licensed facility, as defined in 4 Pa.C.S. § 1103 |
17 | (relating to definitions), or any other similar type of |
18 | facility authorized under State law. The condition shall be a |
19 | covenant running with the land and shall be binding upon the |
20 | grantee, its successors and assigns. If the grantee, its |
21 | successors or assigns permits any portion of the property |
22 | authorized to be conveyed in this act to be used in violation |
23 | of this subsection, the title shall immediately revert to and |
24 | revest in the grantor. |
25 | (e) Deed.--The deed of conveyance must be by special |
26 | warranty deed and must be executed by the secretary in the name |
27 | of the Commonwealth. |
28 | (f) Costs and fees.--Costs and fees incidental to the |
29 | conveyance shall be borne by the grantee. |
30 | (g) Expiration.--If an agreement of sale between the parties |
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1 | is not executed within 12 months of the effective date of this |
2 | section, the authorization contained in this section shall |
3 | expire. |
4 | Section 2. This act shall take effect immediately. |
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