THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PEIFER, MARCH 5, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 2010  

AN ACT

Authorizing the Department of Conservation and Natural

Resources, with the approval of the Governor, to grant and

convey to the Canaan Bible Chapel certain lands situate in

South Canaan Township, Wayne County, in exchange for certain

property in South Canaan Township, Wayne County, to be

conveyed by the Canaan Bible Chapel to the Commonwealth of

Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in South Canaan Township, Wayne County.

(a)  Authorization.--The Department of Conservation and

Natural Resources, with the approval of the Governor, is hereby

authorized on behalf of the Commonwealth of Pennsylvania to

grant and convey to the Canaan Bible Chapel certain lands

situate in South Canaan Township, Wayne County, in exchange for

certain property to be conveyed to the Commonwealth of

Pennsylvania under subsection (c).

(b)  Description of property to be transferred to Canaan

Bible Chapel.--The property to be conveyed under subsection (a)

consists of 9.92 acres and is more particularly described as

follows:

Commencing at a point in the center of Hemlock Road, said

point being where lands of the DCNR and those of Canaan Bible

Chapel have a common corner on the said Road, said point being

the POINT OF BEGINNING; thence along the center of the said

Hemlock Road, North 52°20'08" East, a distance of 50.07' (50.070

Feet) to a point on the said Road common to other lands of said

Canaan Bible Chapel; thence along the same, South 41°11'02"

East, a distance of 616.35' (616.347 Feet) to an iron pin for

corner where lands of the DCNR and a parcel of said Canaan Bible

Chapel have a common corner; thence along a parcel to be

conveyed to the DCNR, South 41°11'02" East, a distance of

225.00' (225.000 Feet) to an iron pin set for corner; thence

through the lands of the DCNR, South 45°48'20" West, a distance

of 1079.36' (1079.362 Feet) to an iron pin in a corner of a

parcel owned by PPL, being an electrical substation for the

same; thence North 02°59'17" West, a distance of 237.51'

(237.510 Feet) along the same to an iron pin for corner; thence

still by the same, South 81°00'00" West, a distance of 295.15'

(295.150 Feet) to the center of State Route 0296; thence along

the center of the said Road, North 21°20'35" West, a distance of

182.01' (182.010 Feet); thence still by the same, North

22°56'02" West, a distance of 109.11' (109.110 Feet); thence

still by the center of the said Road, North 24°05'00" West, a

distance of 141.27' (141.270 Feet); thence still along the said

Road, North 25°23'54" West, a distance of 110.25' (110.250 Feet)

to a point; thence still along the said Road, North 27°15'00"

West, a distance of 77.08' (77.080 Feet) to a point; thence

still along the center of said Route 0296, North 28°10'26" West,

a distance of 18.05' (18.050 Feet) to the intersection of said

State Route 0296 and said Hemlock Road; thence along the center

of said Hemlock Road, North 51°20'01" East, a distance of

175.01' (175.010 Feet) to a point on the said Road common to the

lands of the DCNR and Canaan Bible Chapel; thence along the

lands of said Canaan Bible Chapel, South 40°39'52" East, a

distance of 678.81' (678.810 Feet) to an iron pin for corner;

thence still by the same, North 52°20'08" East, a distance of

767.30' (767.300 Feet) to an iron pin set for corner; thence

along the lands of the same, North 40°39'52" West, a distance of

682.50' (682.500 Feet) to the POINT OF BEGINNING.

Containing 9.92 Acres (9.92 Acres), more or less.

(c)  Conveyance of property to Commonwealth.--The Department

of Conservation and Natural Resources, with the approval of the

Governor, is hereby authorized on behalf of the Commonwealth of

Pennsylvania to receive from the Canaan Bible Chapel certain

lands situate in South Canaan Township, Wayne County, in

exchange for the property to be conveyed to the Canaan Bible

Chapel under subsection (a).

(d)  Description of property to be transferred to the

Commonwealth.--The property to be conveyed under subsection (c)

consists of 20.11 acres and is more particularly described as

follows:

Commencing at a point in the center of Hemlock Road, said

point being where lands of the DCNR and those now or formerly of

Sheeley have a common corner on the said Road, said point being

the POINT OF BEGINNING; thence along the lands of said Sheeley,

S.E.42°00'45", a distance of 596.32' (596.323 ') to an iron pin

for corner; thence still by the same, N.E.49°20'34", a distance

of 314.42' (314.422 ') to an iron pin set in a stone wall, being

the line of lands of Jas. O'Neill; thence along the lands of

said O'Neill, S.E.42°17'29", a distance of 883.86' (883.864 ')

to an iron pin set for corner at the line of lands of the DCNR;

thence along the same, S.W.51°52'42", a distance of 992.78'

(992.780 ') to an iron pin set for corner; thence still along

the line of lands of the DCNR, N.W.41°11'02", a distance of

839.62' (839.623 ') to an iron pin set for corner; thence

through the lands of said Canaan Bible Chapel, N.E.49°27'14", a

distance of 609.92' (609.915 ') to an iron pin set for corner;

thence still through the lands of said Canaan Bible Chapel,

N.W.42°00'45", a distance of 599.06' (599.056 ') to the center

of said Hemlock Road; thence along the same, N.E.51°06'57", a

distance of 50.07' (50.075 ') to the POINT OF BEGINNING.

Containing 20.11 Acres.

(e)  Conditions.--The conveyances described in this section

shall be made concurrently and under and subject to all lawful

and enforceable easements, servitudes and rights of others,

including, but not limited to, streets, roadways and any 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 on the land.

(f)  Restriction.--The conveyance authorized under subsection

(a) 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 section, the title shall immediately revert to

and revest in the grantor.

(g)  Deed of conveyance.--The deed for the conveyance of the

property in accordance with subsections (a) and (e) shall be a

special warranty deed and shall be properly executed by the

Secretary of Conservation and Natural Resources in the name of

the Commonwealth.

(h)  Costs and fees.--The costs and fees incidental to the

conveyances contained in this section shall be borne by the

Canaan Bible Chapel.

Section 2.  Effective date.

This act shall take effect immediately.