PRIOR PRINTER'S NOS. 2054, 2138 PRINTER'S NO. 2338
No. 1619 Session of 2005
INTRODUCED BY BUXTON, HERSHEY, DALEY, MARSICO, McNAUGHTON AND
PAYNE, JUNE 3, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 2005
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to grant and convey certain lands
3 situate in the City of Harrisburg, Dauphin County, to
4 Crossgates, Inc., a Pennsylvania Corporation; AUTHORIZING AND <--
5 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
6 APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF LAND AND
7 BUILDINGS, CONSISTING OF A PORTION OF THE FORMER LAURELTON
8 CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
9 PENNSYLVANIA; AND MAKING A RELATED REPEAL.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. City of Harrisburg.
13 (a) Authorization.--The Department of General Services, with
14 the approval of the Governor, is hereby authorized on behalf of
15 the Commonwealth of Pennsylvania to grant and convey the
16 following tract of land, together with any improvements thereon,
17 situate in the City of Harrisburg, Dauphin County, Pennsylvania
18 to Crossgates, Inc., a Pennsylvania Corporation, in accordance
19 with and for the consideration established in an Agreement of
20 Sale with the Department of General Services, dated March 23,
1 2005.
2 (b) Description.--The property to be conveyed pursuant to
3 this section consists of approximately 4.866-acres and is more
4 particularly described as follows:
5 BEGINNING at the intersection of the southerly legal right-
6 of-way line of Wildwood Park Drive and the westerly legal right-
7 of-way line of Cameron Street; Thence in and through legal
8 right-of-way of Cameron Street, North 87 degrees, 27 minutes, 37
9 seconds East, a distance of 112.45 feet to a point in the legal
10 right of way of Cameron Street; thence through the legal right-
11 of-way of Cameron Street, South 02 degrees, 32 minutes, 23
12 seconds East, a distance of 437.25 feet to a point; thence
13 crossing the westerly legal right-of-way line of Cameron Street
14 and through lands of the Commonwealth of Pennsylvania, State
15 Farm Show complex, South 87 degrees, 27 minutes, 37 seconds
16 West, a distance of 477.96 feet to a point; thence through lands
17 of the Commonwealth of Pennsylvania, State Farm Show complex,
18 North 11 degrees, 50 minutes, 56 seconds West, a distance of
19 260.19 feet to a point; thence continuing through lands of the
20 Commonwealth of Pennsylvania, State Farm Show Complex, North 02
21 degrees, 32 minutes, 23 seconds West, a distance of 124.92 feet
22 to a point in the southerly legal right-of-way line of Wildwood
23 Park Drive; thence along the said southerly legal right-of-way
24 line of Wildwood Park Drive the following four courses:
25 1. North 88 degrees, 22 minutes, 43 seconds East, a
26 distance of 18.21 feet to a point;
27 2. North 75 degrees, 27 minutes, 56 seconds East, a
28 distance of 96.84 feet to a point;
29 3. North 78 degrees, 57 minutes, 09 seconds East, a
30 distance of 145.23 feet to a point; and
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1 4. North 82 degrees, 04 minutes, 12 seconds East, a
2 distance of 151.71 feet to the POINT OF BEGINNING.
3 CONTAINING 4.866-Acres of land.
4 (c) Adjacent easements.--The Department of General Services,
5 with the approval of the Governor, is hereby authorized on
6 behalf of the Commonwealth of Pennsylvania to grant and convey
7 pursuant to an Agreement of Sale referred to in subsection (a)
8 to Crossgates, Inc., any easements on, across and through lands
9 adjoining the property referenced in subsection (b) for
10 vehicular and pedestrian ingress, egress and regress, and
11 construction and maintenance of signage all for the benefit of
12 the property described in subsection (b).
13 (d) Easements.--The conveyance shall be made under and
14 subject to all lawful and enforceable easements, servitudes and
15 rights of others, including, but not confined to streets,
16 roadways and rights of any telephone, telegraph, water,
17 electric, gas or pipeline companies, as well as under and
18 subject to any lawful and enforceable estates or tenancies
19 vested in third persons appearing of record, for any portion of
20 the land or improvements erected thereon.
21 (e) Deed.--The deed of conveyance shall be by Special
22 Warranty Deed and shall be executed by the Secretary of General
23 Services in the name of the Commonwealth of Pennsylvania. The
24 deed of easement shall be executed by the Secretary of General
25 Services in the name of the Commonwealth of Pennsylvania.
26 (f) Reversion.--The deed of conveyance shall contain the
27 following covenant:
28 "Under and subject to a condition that the Grantee, its
29 successors and assigns, shall utilize the property solely
30 as a hotel/motel with an associated full service
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1 restaurant and conference center. No portion of the
2 property shall be used for gaming or gambling activities.
3 Should the Grantee, its successors or assigns, utilize
4 the property for gaming or gambling or for any other
5 purpose not permitted under this paragraph, the property
6 conveyed herein shall immediately revert to and revest in
7 the Grantor."
8 (g) Proceeds of sale.--The proceeds from the sale of the
9 land shall be deposited in the Purchasing Fund of the Department
10 of General Services and may be utilized by the Department of
11 General Services, with the approval of the Department of
12 Agriculture, only to acquire and improve real property for the
13 benefit of the Pennsylvania State Farm Show Complex. If any or
14 all of the proceeds are not utilized for this purpose within
15 three years after their receipt, the remaining amount shall be
16 transferred to the Farm Products Show Fund.
17 (h) Costs.--Costs and fees incidental to this conveyance
18 shall be borne by the grantee.
19 (i) Expiration.--In the event the conveyance authorized by
20 subsection (b) is not executed within 18 months of the effective
21 date of this act, the authorization contained herein shall
22 expire.
23 Section 2. Effective date. <--
24 This act shall take effect immediately.
25 SECTION 2. CONVEYANCE IN HARTLEY TOWNSHIP, UNION COUNTY. <--
26 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
27 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED,
28 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND
29 CONVEY THE TRACTS OF LAND DESCRIBED IN SUBSECTION (B) AND THE
30 IMPROVEMENTS ERECTED THEREON TO MOUNTAIN VALLEY, INC., A
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1 MARYLAND CORPORATION, FOR CONSIDERATION EQUAL TO FAIR MARKET
2 VALUE, AS DETERMINED BY AN INDEPENDENT APPRAISAL.
3 (B) DESCRIPTION.--ALL THOSE CERTAIN TRACTS OR PARCELS OF
4 LAND, WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY
5 TOWNSHIP, UNION COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED
6 AND DESCRIBED AS FOLLOWS:
7 TRACT 1
8 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
9 1 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN GROUP
10 DATED NOVEMBER 9, 1997 AND RECORDED IN THE UNION COUNTY RECORDER
11 OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
12 CONTAINING 266.429-ACRES.
13 TRACT 2
14 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS RESIDUAL LANDS OF
15 THE COMMONWEALTH OF PENNSYLVANIA ON AN ADDITION LOT SUBDIVISION
16 PREPARED BY LARSON DESIGN GROUP, DATED NOVEMBER 9, 1997, AND
17 RECORDED IN THE UNION COUNTY RECORDER OF DEEDS OFFICE IN PLAT
18 BOOK 19, PAGE 54.
19 CONTAINING 5.993-ACRES.
20 TRACT 3
21 ALL THAT CERTAIN PARCEL OF LAND SHOWN AS EXISTING PARCEL NO.
22 2 ON AN ADDITION LOT SUBDIVISION PREPARED BY LARSON DESIGN
23 GROUP, DATED NOVEMBER 9, 1997, AND RECORDED IN THE UNION COUNTY
24 RECORDER OF DEEDS OFFICE IN PLAT BOOK 19, PAGE 54.
25 CONTAINING 64.428-ACRES.
26 (C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
27 SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
28 INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
29 ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR
30 PIPELINE COMPANIES, AS WELL AS UNDER THE SUBJECT TO ANY
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1 INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER
2 OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
3 IMPROVEMENTS ERECTED THEREON.
4 (D) GENERAL LAND USE RESTRICTION.--THE CONVEYANCE SHALL BE
5 UNDER AND SUBJECT TO THE CONDITION, WHICH SHALL BE CONTAINED IN
6 THE DEED, THAT NO PORTION OF THE PROPERTY BEING CONVEYED SHALL
7 BE USED AS A LICENSED FACILITY, AS THAT TERM IS DEFINED IN 4
8 PA.C.S. § 1103 (RELATING TO DEFINITIONS) OR FOR ANY OTHER
9 SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
10 CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
11 BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. IF A
12 GRANTEE, ITS SUCCESSORS OR ASSIGNS PERMIT THE PROPERTY
13 AUTHORIZED TO BE CONVEYED IN THIS SECTION, OR ANY PORTION OF THE
14 PROPERTY, TO BE USED IN VIOLATION OF THIS SUBSECTION, THE TITLE
15 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
16 (E) AGRICULTURAL RESTRICTION.--THAT PORTION OF THE LAND AS
17 DESCRIBED IN TRACT 3 OF SUBSECTION (B) THAT IS CURRENTLY SUBJECT
18 TO THE PROVISIONS OF THE ACT OF JUNE 18, 1982 (P.L.549, NO.159),
19 ENTITLED, "AN ACT PROVIDING FOR THE ADMINISTRATION OF CERTAIN
20 COMMONWEALTH FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE,"
21 SHALL CONTINUE TO BE SUBJECT TO THE RESTRICTIONS PROVIDED FOR IN
22 THAT ACT AND A RESTRICTIVE COVENANT LIMITING THE USES OF THE
23 PROPERTY TO AGRICULTURAL AND OPEN SPACE USES SHALL BE PLACED IN
24 THE DEED.
25 (F) PROCEEDS.--
26 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROCEEDS OF
27 THE CONVEYANCE SHALL BE PAID INTO THE STATE TREASURY AND
28 DEPOSITED IN THE GENERAL FUND.
29 (2) THE PORTION OF THE PROCEEDS OF THE CONVEYANCE
30 ATTRIBUTED TO THE PROPERTY DESCRIBED IN TRACT 3 OF SUBSECTION
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1 (B), WHICH PORTION SHALL BE DETERMINED BY AN INDEPENDENT
2 APPRAISAL, SHALL BE DEPOSITED INTO THE AGRICULTURAL
3 CONSERVATION EASEMENT PURCHASE FUND.
4 (G) APPROVAL.--THE DEED OF CONVEYANCE SHALL BE APPROVED AS
5 PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
6 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
7 PENNSYLVANIA.
8 (H) COSTS.--COSTS AND FEES INCIDENTAL TO THE CONVEYANCE
9 SHALL BE BORNE BY THE GRANTEE.
10 (I) ALTERNATE DISPOSAL.--IN THE EVENT THAT THE CONVEYANCE
11 UNDER THIS SECTION IS NOT EXECUTED WITHIN ONE YEAR OF THE
12 EFFECTIVE DATE OF THIS SECTION, THE PROPERTY MAY BE DISPOSED OF
13 IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL 9, 1929
14 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
15 SECTION 3. SECTION 2 OF THE ACT OF DECEMBER 19, 1997
16 (P.L.623, NO.66), ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE
17 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
18 GOVERNOR, TO GRANT AND CONVEY TO THE CITY OF MCKEESPORT A TRACT
19 OF LAND SITUATE IN THE SEVENTH WARD, CITY OF MCKEESPORT,
20 ALLEGHENY COUNTY, AND TO SELL AND CONVEY TO SMITHFIELD TOWNSHIP
21 CERTAIN LAND SITUATE IN THE TOWNSHIP OF SMITHFIELD, HUNTINGDON
22 COUNTY; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
23 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF
24 LAND AND BUILDINGS, CONSISTING OF A PORTION OF THE FORMER
25 LAURELTON CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
26 PENNSYLVANIA," IS REPEALED AS FOLLOWS:
27 [SECTION 2. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH
28 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED
29 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND
30 CONVEY THE FOLLOWING DESCRIBED TRACTS OF LAND AND THE
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1 IMPROVEMENTS ERECTED THEREON:
2 ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, WITH
3 IMPROVEMENTS THEREON ERECTED, SITUATE IN HARTLEY TOWNSHIP, UNION
4 COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
5 FOLLOWS:
6 TRACT 1
7 BEGINNING AT AN EXISTING STEEL PIN AND STONES LOCATED ON OR
8 NEAR THE NORTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON THE
9 JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH
10 OF PENNSYLVANIA, BUREAU OF FORESTRY AND LANDS OF THE
11 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
12 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
13 BUREAU OF FORESTRY BY THE FOUR FOLLOWING COURSES AND DISTANCES:
14 1. NORTH 22 DEGREES 29 MINUTES 55 SECONDS EAST, 3685.15
15 FEET, TO AN EXISTING WITNESSED STONE PILE;
16 2. NORTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 831.53 FEET,
17 TO AN EXISTING WITNESSED STONE PILE;
18 3. SOUTH 75 DEGREES 02 MINUTES 58 SECONDS EAST, 143.22 FEET,
19 TO A POINT EAST OF STONY RUN ROAD;
20 4. SOUTH 25 DEGREES 32 MINUTES 58 SECONDS EAST, 1472.86
21 FEET, TO AN EXISTING WITNESSED STONE PILE EAST OF STONY RUN
22 ROAD;
23 5. THENCE ALONG LANDS OF WILLIAM G. RODGERS AND LANDS OF W.
24 JAMES BEAMESDERFER AND CRAIG A. BEAMESDERFER AND CROSSING STONY
25 RUN ROAD, SOUTH 75 DEGREES 56 MINUTES 43 SECONDS WEST, 221.73
26 FEET, TO AN EXISTING STONE PILE;
27 6. THENCE ALONG LANDS W. OF JAMES BEAMESDERFER AND CRAIG A.
28 BEAMESDERFER AND LANDS OF EILEEN R. WIAND AND LISA L. MATTERN,
29 SOUTH 20 DEGREES 40 MINUTES 20 SECONDS EAST, 1491.80 FEET, TO AN
30 EXISTING WITNESSED STONE PILE;
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1 7. THENCE ALONG LANDS OF EILEEN R. WIAND AND LISA L.
2 MATTERN, NORTH 65 DEGREES 52 MINUTES 26 SECONDS EAST, 319.07
3 FEET, TO A POINT IN THE CENTER OF STONY RUN ROAD.
4 THENCE ALONG THE CENTER OF STONY RUN ROAD AND LANDS OF THE
5 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF FORESTRY, BY THE EIGHT
6 FOLLOWING COURSES AND DISTANCES:
7 1. SOUTH 33 DEGREES 57 MINUTES 45 SECONDS EAST, 570.05 FEET,
8 TO POINT IN THE CENTER OF STONY RUN ROAD;
9 2. SOUTH 33 DEGREES 07 MINUTES 08 SECONDS EAST, 653.60 FEET,
10 TO POINT IN THE CENTER OF STONY RUN ROAD;
11 3. SOUTH 30 DEGREES 01 MINUTE 39 SECONDS EAST, 122.79 FEET,
12 TO POINT IN THE CENTER OF STONY RUN ROAD;
13 4. SOUTH 21 DEGREES 25 MINUTES 18 SECONDS EAST, 74.09 FEET,
14 TO POINT IN THE CENTER OF STONY RUN ROAD;
15 5. SOUTH 07 DEGREES 41 MINUTES 59 SECONDS EAST, 91.09 FEET,
16 TO POINT IN THE CENTER OF STONY RUN ROAD;
17 6. SOUTH 04 DEGREES 55 MINUTES 47 SECONDS WEST, 109.33 FEET,
18 TO POINT IN THE CENTER OF STONY RUN ROAD;
19 7. SOUTH 09 DEGREES 10 MINUTES 51 SECONDS WEST, 414.31 FEET,
20 TO POINT IN THE CENTER OF STONY RUN ROAD;
21 8. SOUTH 09 DEGREES 14 MINUTES 46 SECONDS WEST, 603.60 FEET,
22 TO POINT ON THE NORTHERN RIGHT-OF-WAY OF S.R. 0045.
23 THENCE ALONG THE NORTHERN RIGHT-OF-WAY S.R. 0045 BY THE 13
24 FOLLOWING COURSES AND DISTANCES:
25 1. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 263.53 FEET,
26 TO A POINT;
27 2. NORTH 19 DEGREES 39 MINUTES 48 SECONDS EAST, 5.00 FEET,
28 TO A POINT;
29 3. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 150.00 FEET,
30 TO A POINT;
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1 4. SOUTH 19 DEGREES 39 MINUTES 48 SECONDS WEST, 5.00 FEET,
2 TO A POINT;
3 5. NORTH 70 DEGREES 20 MINUTES 12 SECONDS WEST, 250.29 FEET,
4 TO A POINT;
5 6. NORTH 71 DEGREES 27 MINUTES 12 SECONDS WEST, 359.32 FEET,
6 TO A POINT;
7 7. NORTH 70 DEGREES 18 MINUTES 12 SECONDS WEST, 700.74 FEET,
8 TO A POINT;
9 8. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1288.90
10 FEET, TO A POINT;
11 9. NORTH 19 DEGREES 17 MINUTES 48 SECONDS EAST, 5.00 FEET,
12 TO A POINT;
13 10. NORTH 70 DEGREES 42 MINUTES 12 SECONDS WEST, 1145.04
14 FEET, TO A POINT;
15 11. BY A CURVE TO THE LEFT HAVING A RADIUS OF 3854.70 FEET,
16 AN ARC LENGTH OF 5.01 FEET AND A CENTRAL ANGLE OF 00 DEGREES 04
17 MINUTES 28 SECONDS AND A CHORD OF NORTH 70 DEGREES 44 MINUTES 26
18 SECONDS WEST, 5.01 INCHES;
19 12. SOUTH 19 DEGREES 13 MINUTES 20 SECONDS WEST, 5.00 FEET,
20 TO A POINT;
21 13. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 3849.70 FEET,
22 AN ARC LENGTH OF 277.72 INCHES AND A CENTRAL ANGLE OF 04 DEGREES
23 08 MINUTES 00 SECONDS AND A CHORD OF NORTH 72 DEGREES 50 MINUTES
24 40 SECONDS WEST, 277.66 FEET, TO AN EXISTING STEEL PIN AND
25 STONES, THE POINT AND PLACE OF BEGINNING.
26 TRACT 1 CONTAINING 266.428 ACRES AS ABOVE DESCRIBED.
27 TRACT 2
28 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 2850
29 FEET EAST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
30 BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY LINE OF S.R. 0045 AND
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1 ON THE DIVISION LINE BETWEEN LANDS OF THE COMMONWEALTH OF
2 PENNSYLVANIA AND LANDS OF ARLON E. WALLACE AND CRYSTAL A.
3 HEETER.
4 1. THENCE ALONG LANDS OF ARLON E. WALLACE AND CRYSTAL A.
5 HEETER AND LANDS OF BRADLEY F. WALTER AND ANGELIA WALTER, SOUTH
6 08 DEGREES 15 MINUTES 05 SECONDS WEST, 1253.61 FEET, TO AN
7 EXISTING TWIN OAK TREE;
8 2. THENCE ALONG LANDS OF RAYMOND HOOVER AND WILMA HOOVER,
9 NORTH 79 DEGREES 40 MINUTES 38 SECONDS WEST, 859.47 FEET, TO AN
10 EXISTING STEEL PIN;
11 3. THENCE ALONG LANDS OF RICHARD J. HARVEY AND JANET L.
12 HARVEY AND LANDS OF MONTANA L. SCHLEGEL AND JANICE M. SCHLEGEL,
13 NORTH 18 DEGREES 33 MINUTES 56 SECONDS WEST, 840.74 FEET, TO AN
14 EXISTING STEEL PIN;
15 4. THENCE ALONG LANDS OF MONTANA L. SCHLEGEL AND JANICE M.
16 SCHLEGEL, SOUTH 72 DEGREES 46 MINUTES 49 SECONDS WEST, 762.09
17 FEET, TO A POINT ON THE EASTERN RIGHT-OF-WAY OF S.R. 0235.
18 THENCE ALONG THE EASTERN RIGHT-OF-WAY OF S.R. 0235 BY THE
19 FOUR FOLLOWING COURSES AND DISTANCES:
20 1. NORTH 26 DEGREES 19 MINUTES 18 SECONDS WEST, 731.70 FEET,
21 TO A POINT;
22 2. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 2844.79 FEET,
23 AN ARC LENGTH OF 354.94 FEET, AND A CENTRAL ANGLE OF 07 DEGREES
24 08 MINUTES 55 SECONDS, AND A CHORD OF NORTH 22 DEGREES 44
25 MINUTES 50 SECONDS WEST, 354.71 FEET TO A POINT;
26 3. NORTH 19 DEGREES 10 MINUTES 23 SECONDS WEST, 478.05 FEET
27 TO A POINT;
28 4. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 35 FEET, AN
29 ARC LENGTH OF 78.70 FEET, AND A CENTRAL ANGLE OF 128 DEGREES 50
30 MINUTES 11 SECONDS, AND A CHORD OF NORTH 45 DEGREES 14 MINUTES
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1 43 SECONDS EAST, 63.14 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-
2 WAY OF S.R. 0045.
3 THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 BY THE
4 THREE FOLLOWING COURSES AND DISTANCES:
5 1. SOUTH 70 DEGREES 20 MINUTES 12 SECONDS EAST, 1020.05
6 FEET, TO A POINT;
7 2. SOUTH 69 DEGREES 40 MINUTES 12 SECONDS EAST, 1556.28
8 FEET, TO A POINT;
9 3. BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1318.45 FEET,
10 AN ARC LENGTH OF 192.46 FEET, AND A CENTRAL ANGLE OF 08 DEGREES
11 21 MINUTES 49 SECONDS, AND A CHORD OF SOUTH 65 DEGREES 29
12 MINUTES 18 SECONDS EAST, 192.28 FEET TO AN EXISTING STEEL PIN,
13 THE POINT AND PLACE OF BEGINNING.
14 TRACT 2 CONTAINING 64.428 ACRES AS ABOVE DESCRIBED.
15 TRACT 3
16 BEGINNING AT AN EXISTING STEEL PIN LOCATED APPROXIMATELY 1180
17 FEET WEST OF THE INTERSECTION OF S.R. 0045 AND S.R. 0235 AND
18 BEING ON OR NEAR THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045 AND ON
19 THE JURISDICTIONAL DIVISION LINE BETWEEN LANDS OF THE
20 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CONSERVATION AND
21 NATURAL RESOURCES, AND LANDS OF THE COMMONWEALTH OF
22 PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.
23 THENCE ALONG LANDS OF THE COMMONWEALTH OF PENNSYLVANIA,
24 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BY THE 12
25 COURSES AND DISTANCES:
26 1. SOUTH 19 DEGREES 12 MINUTES 21 SECONDS WEST, 198.88 FEET
27 TO AN EXISTING STEEL PIN;
28 2. SOUTH 67 DEGREES 09 MINUTES 50 SECONDS EAST, 127.12 FEET
29 TO A POINT;
30 3. SOUTH 28 DEGREES 08 MINUTES 01 SECOND EAST, 256.88 FEET
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1 TO A POINT;
2 4. SOUTH 150 DEGREES 52 MINUTES 30 SECONDS WEST, 191.06 FEET
3 TO AN EXISTING STEEL PIN;
4 5. SOUTH 40 DEGREES 31 MINUTES 46 SECONDS EAST, 230.04 FEET
5 TO AN EXISTING STEEL PIN;
6 6. SOUTH 71 DEGREES 04 MINUTES 15 SECONDS WEST, 186.38 FEET
7 TO AN EXISTING STEEL PIN;
8 7. SOUTH 84 DEGREES 43 MINUTES 54 SECONDS WEST, 300.50 FEET
9 TO AN EXISTING STEEL PIN;
10 8. NORTH 68 DEGREES 29 MINUTES 54 SECONDS WEST, 173.17 FEET
11 TO AN EXISTING STEEL PIN;
12 9. NORTH 04 DEGREES 18 MINUTES 51 SECONDS EAST, 692.26 FEET
13 TO AN EXISTING STEEL PIN;
14 10. NORTH 30 DEGREES 23 MINUTES 16 SECONDS WEST, 123.70 FEET
15 TO AN EXISTING STEEL PIN;
16 11. NORTH 13 DEGREES 21 MINUTES 43 SECONDS WEST, 206.87 FEET
17 TO AN EXISTING STEEL PIN;
18 12. SOUTH 70 DEGREES 42 MINUTES 12 SECONDS EAST, 94.27 FEET
19 TO AN EXISTING STEEL PIN;
20 13. THENCE ALONG THE SOUTHERN RIGHT-OF-WAY OF S.R. 0045,
21 SOUTH 70 DEGREES 18 MINUTES 12 SECONDS EAST, 356.77 FEET TO AN
22 EXISTING STEEL PIN, THE POINT AND PLACE OF BEGINNING.
23 TRACT 3 CONTAINING 9.832 ACRES AS ABOVE DESCRIBED.
24 (B) THE THREE TRACTS UNDER THIS SECTION OR PARTS THEREOF MAY
25 BE OFFERED TOGETHER OR SEPARATELY.
26 (C) NOTWITHSTANDING ARTICLE XXIV-A OF THE ACT OF APRIL 9,
27 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
28 1929, THE DEPARTMENT OF GENERAL SERVICES SHALL, THROUGH SEALED
29 BIDS, AUCTION OR REQUEST FOR PROPOSAL, SELECT THE PURCHASER OF
30 THE TRACTS AND SELL THE PROPERTY UNDER THIS SECTION. ACCEPTANCE
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1 OF AN OFFER SHALL BE SUBJECT TO A MINIMUM PRICE REQUIREMENT AS
2 ESTABLISHED BY THE DEPARTMENT WHICH SHALL BE WITHIN A RANGE OF
3 FAIR MARKET VALUE AS ESTABLISHED THROUGH INDEPENDENT APPRAISAL.
4 PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR PROPOSAL MUST
5 DEMONSTRATE A VALUE TO THE COMMONWEALTH EQUIVALENT, TO THE FAIR
6 MARKET VALUE RANGE AS ESTABLISHED BY THE DEPARTMENT THROUGH
7 INDEPENDENT APPRAISAL. IN ESTABLISHING THE VALUE EQUIVALENT THE
8 DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS: ACTUAL MONETARY
9 CONSIDERATION, CREATION OF CONSTRUCTION JOBS, CREATION OF
10 PERMANENT JOBS, EXPANSION OF LOCAL TAX BASE, ECONOMIC GROWTH,
11 COMMUNITY DEVELOPMENT, HIGHEST AND BEST USE AND PUBLIC PURPOSE.
12 (D) THE CONVEYANCES SHALL BE MADE UNDER AND SUBJECT TO ALL
13 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
14 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
15 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
16 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
17 VESTED IN THEIR PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
18 ANY PORTION OF LAND OR IMPROVEMENTS ERECTED THEREON.
19 (E) THE DEEDS OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
20 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
21 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
22 (F) COSTS AND FEES INCIDENTAL TO THE CONVEYANCE UNDER
23 SUBSECTION (A) SHALL BE BORNE BY THE GRANTEE.
24 (G) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
25 SERVICES FOR PREPARING THE PROPERTY UNDER SUBSECTION (B) FOR
26 SALE, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ASSESSMENTS,
27 MARKETING SERVICES, TITLE SEARCHES, ADVERTISING, APPRAISALS,
28 AUCTIONEER FEES AND SURVEYS, AND BY THE DEPARTMENT OF PUBLIC
29 WELFARE FOR PROTECTING AND SECURING THE PROPERTY SHALL BE
30 DEDUCTED FROM THE PURCHASE PRICE, AND THAT AMOUNT SHALL BE AN
20050H1619B2338 - 14 -
1 EXECUTIVELY AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM
2 WHICH THE COSTS AND FEES WERE PAID BY THE DEPARTMENTS, WITH
3 PRIORITY REIMBURSEMENTS BEING MADE TO GENERAL SERVICES AND THEN
4 PUBLIC WELFARE.
5 (H) THAT PORTION OF THE CONVEYANCE AUTHORIZED BY SUBSECTION
6 (B) CURRENTLY SUBJECT TO THE PROVISION OF THE ACT OF JUNE 18,
7 1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
8 ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
9 DEPARTMENT OF AGRICULTURE," SHALL CONTINUE TO BE SUBJECT TO THE
10 RESTRICTIONS PROVIDED FOR IN THAT ACT AND A RESTRICTIVE COVENANT
11 LIMITING THE USES OF SUCH PROPERTY TO AGRICULTURAL/OPEN SPACE
12 USES SHALL BE PLACED IN THE DEED.]
13 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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