SENATE AMENDED 20020H2910B4739 03087DMS:DH 10/04/02 #85 10/09/02 PRIOR PRINTER'S NOS. 4461, 4729 PRINTER'S NO. 4739
No. 2910 Session of 2002
INTRODUCED BY PIPPY, OCTOBER 9, 2002
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, NOVEMBER 26, 2002
AN ACT 1 Authorizing the Department of General Services, with the 2 approval of the Governor, to grant and convey to Leon Dwinga 3 and Patricia Dwinga, his wife, certain land situate in the 4 Township of Collier, Allegheny County; AUTHORIZING AND <-- 5 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE 6 APPROVAL OF THE GOVERNOR, TO EXECUTE A DEED TO REMOVE CERTAIN 7 RESTRICTIONS IMPOSED ON LANDS CONVEYED TO CRANBERRY TOWNSHIP 8 AND SITUATE IN CRANBERRY TOWNSHIP, BUTLER COUNTY; AND 9 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, 10 WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE 11 UNIONTOWN AREA SCHOOL DISTRICT CERTAIN LANDS AND BUILDING 12 SITUATE IN THE CITY OF UNIONTOWN, FAYETTE COUNTY; AUTHORIZING <-- 13 THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE 14 GOVERNOR AND THE DEPARTMENT OF PUBLIC WELFARE, TO GRANT AND 15 CONVEY CERTAIN VACANT LAND SITUATED AT THE SOUTHEAST 16 INTERSECTION OF ARSENAL BOULEVARD AND NORTH CAMERON STREET IN 17 THE SEVENTH WARD OF THE CITY OF HARRISBURG, DAUPHIN COUNTY; 18 AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL 19 SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE 20 DEPARTMENT OF TRANSPORTATION, TO GRANT AND CONVEY TO THE 21 INDIANA FIRE ASSOCIATION CERTAIN LANDS SITUATE IN WHITE 22 TOWNSHIP, INDIANA COUNTY. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Conveyance in Collier Township, Allegheny County. 26 (a) Authorization.--The Department of General Services, with
1 the approval of the Governor, is hereby authorized on behalf of 2 the Commonwealth of Pennsylvania to grant and convey to Leon 3 Dwinga and Patricia Dwinga certain land as described in 4 subsection (b) for fair market value as determined by an 5 independent appraisal. 6 (b) Property description.--The tract to be conveyed is 7 situate in the Township of Collier, Allegheny County, 8 Pennsylvania, bounded and described as follows: 9 ALL THAT CERTAIN tract of land situate in the Township of 10 Collier, County of Allegheny and Commonwealth of Pennsylvania, 11 being parts of Lot Nos. 53 and 54 in A. W. Mellon's Plan of 12 Ewing Farm, recorded in the Recorder's Office of Allegheny 13 County in Plan Book Volume 22, pages 194 and 195, bounded and 14 described as follows: 15 BEGINNING at a point in the center of Dorrington Road and the 16 Easterly line of Lot 54 as laid out in said plan; thence along 17 the centerline of Dorrington Road to a point on the Westerly 18 line of Lot 53 as laid out in said plan; thence along the 19 Westerly line of Lot 53 to a point; thence along the Southerly 20 line of Lot Nos. 53 and 54 to the centerline of Hill Top Road, 21 S.R. 3052; thence along the centerline of Hill Top Road, S.R. 22 3052 to a point on the Easterly line of Lot 54 as laid out in 23 said plan; thence along the Easterly side of Lot 54 to a point 24 in the center of Dorrington Road, at the place of beginning. 25 CONTAINING: .33 acres of land more or less. 26 (c) Conditions.--The Conveyance shall be made under and 27 subject to all lawful and enforceable easements, servitudes and 28 rights of others, including, but not confined to, streets, 29 roadways and rights of any telephone, telegraph, cable, water, 30 electric, sewer, gas or pipeline companies, as well as under and 20020H2910B4739 - 2 -
1 subject to any lawful and enforceable estates or tenancies 2 vested in third persons appearing of record, for any portion of 3 the land or improvements erected thereon. 4 (d) Deed.--The Deed of Conveyance shall be by Special 5 Warranty Deed and shall be executed by the Secretary of General 6 Services in the name of the Commonwealth of Pennsylvania. 7 (e) Costs and fees.--Costs and fees incidental to this 8 conveyance shall be borne by the Grantee. 9 SECTION 2. REMOVAL OF DEED RESTRICTIONS. <-- 10 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH 11 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF 12 THE COMMONWEALTH OF PENNSYLVANIA TO EXECUTE A DEED REMOVING THE 13 RESTRICTIONS IMPOSED ON THE LANDS CONVEYED TO CRANBERRY TOWNSHIP 14 BY SECTION 2 OF THE ACT OF DECEMBER 27, 1974 (P.L.1011, NO.328), 15 ENTITLED "AN ACT AUTHORIZING THE DEPARTMENT OF PROPERTY AND 16 SUPPLIES, WITH THE APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY 17 6.60 ACRES OF LAND IN CRANBERRY TOWNSHIP, TO CRANBERRY TOWNSHIP, 18 BUTLER COUNTY, PENNSYLVANIA," SITUATE IN CRANBERRY TOWNSHIP, 19 BUTLER COUNTY FOR THE CONSIDERATION OF $174,000. 20 (B) DEED.--THE DEED OF CONVEYANCE SHALL BE EXECUTED BY THE 21 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF 22 PENNSYLVANIA. 23 (C) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO REMOVING 24 THE RESTRICTIONS SHALL BE BORNE BY THE GRANTEE. 25 SECTION 3. CONVEYANCE IN CITY OF UNIONTOWN, FAYETTE 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 TO THE UNIONTOWN AREA SCHOOL DISTRICT CERTAIN LANDS AND 30 BUILDING DESCRIBED IN SUBSECTION (B) FOR FAIR MARKET VALUE AS 20020H2910B4739 - 3 -
1 DETERMINED BY AN INDEPENDENT APPRAISAL. 2 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED 3 PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY 0.67-ACRES 4 BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 BEGINNING AT A POINT AT THE INTERSECTION OF THE CENTER LINES 6 OF IOWA STREET AND A FIFTEEN FOOT ALLEY; THENCE ALONG THE CENTER 7 LINE OF SAID FIFTEEN FOOT ALLEY, NORTH 80 DEGREES 06 MINUTES 8 WEST, 146.94 FEET TO A POINT ON THE EASTERN LINE OF A TWENTY 9 FOOT ALLEY; THENCE ALONG THE EASTERN LINE OF SAID TWENTY FOOT 10 ALLEY, NORTH 09 DEGREES 54 MINUTES EAST, 180.11 FEET TO A POINT 11 IN THE CENTER LINE OF ANOTHER TWENTY FOOT ALLEY; THENCE ALONG 12 THE CENTER LINE OF SAID LAST MENTIONED TWENTY FOOT ALLEY, NORTH 13 85 DEGREES 25 MINUTES EAST, 149.23 FEET TO A POINT IN THE CENTER 14 LINE OF IOWA STREET, THENCE ALONG THE CENTER LINE OF IOWA 15 STREET, SOUTH 04 DEGREES 35 MINUTES EAST, 9.80 FEET TO A POINT; 16 THENCE CONTINUING ALONG THE CENTER LINE OF IOWA STREET, SOUTH 09 17 DEGREES 54 MINUTES WEST, 207.94 FEET TO A POINT, THE PLACE OF 18 BEGINNING. 19 CONTAINING 0.67-ACRES (MORE OR LESS). 20 AND BEING THE SAME PREMISES CONVEYED TO THE COMMONWEALTH OF 21 PENNSYLVANIA BY DEED OF THE CAVERT WIRE CO., INC., DATED 22 DECEMBER 17, 1969 AND RECORDED IN THE RECORDER'S OFFICE OF 23 FAYETTE COUNTY IN DEED BOOK VOLUME 1087, PAGE 462. 24 (C) RESTRICTIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND 25 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND 26 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS, 27 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, 28 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND 29 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES 30 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF 20020H2910B4739 - 4 -
1 THE LAND OR IMPROVEMENTS ERECTED THEREON. 2 (D) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL 3 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL 4 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA. 5 (E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS 6 CONVEYANCE SHALL BE BORNE BY THE GRANTEE. 7 (F) LIMITATION ON TRANSFER.--IN THE EVENT THAT THIS 8 CONVEYANCE IS NOT EXECUTED WITHIN 60 DAYS OF THE EFFECTIVE DATE 9 OF THIS ACT, THE PROPERTY MAY BE DISPOSED OF IN ACCORDANCE WITH 10 ARTICLE 2406-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), 11 KNOWN AS THE ADMINISTRATIVE CODE OF 1929. 12 SECTION 4. CITY OF HARRISBURG, DAUPHIN COUNTY. <-- 13 (A) CONVEYANCE AUTHORIZED.--THE DEPARTMENT OF GENERAL 14 SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT 15 OF PUBLIC WELFARE, IS HEREBY AUTHORIZED ON BEHALF OF THE 16 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY THE TRACT OF 17 LAND BOUNDED AND DESCRIBED IN SUBSECTION (B) FOR FAIR MARKET 18 VALUE AS DETERMINED BY INDEPENDENT APPRAISAL IN ACCORDANCE WITH 19 AN AGREEMENT OF SALE DATED MARCH 12, 2001, BETWEEN THE 20 DEPARTMENT OF GENERAL SERVICES AND BUTTER KRUST BAKING COMPANY. 21 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED 22 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 2.8 ACRES AND 23 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 24 BEGINNING AT A POINT, SAID POINT BEING LOCATED THE FOLLOWING 25 TWO COURSES AND DISTANCES FROM THE INTERSECTION OF THE NORTHERN 26 RIGHT-OF-WAY LINE OF MUENCH STREET WITH THE EASTERN RIGHT-OF-WAY 27 LINE OF CAMERON STREET, NORTH 15 DEGREES 18 MINUTES 31 SECONDS 28 WEST, A DISTANCE OF 307.87 FEET TO A POINT; 29 THENCE BY A CURVE HAVING A RADIUS OF 30.00 FEET, DEFLECTING 30 TO THE RIGHT IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 20020H2910B4739 - 5 -
1 26.93 FEET MEASURED ALONG THE ARC OF THE CURVE, SAID ARC HAVING 2 A CHORD BEARING OF NORTH 10 DEGREES 24 MINUTES 58 SECONDS EAST, 3 FOR A DISTANCE OF 26.04 FEET TO A POINT, THE PLACE OF BEGINNING. 4 THENCE ALONG LANDS OF THE PENNSYLVANIA DEPARTMENT OF 5 TRANSPORTATION, NORTH 13 DEGREES 13 MINUTES 02 SECONDS WEST, FOR 6 A DISTANCE OF 21.65 FEET TO A COPPERWELD PIN; 7 THENCE CONTINUING ALONG THE SAME, NORTH 63 DEGREES 43 MINUTES 8 12 SECONDS EAST FOR A DISTANCE OF 37.46 FEET TO A COPPERWELD 9 PIN; 10 THENCE CONTINUING ALONG THE SAME SOUTH 67 DEGREES 09 MINUTES 11 40 SECONDS EAST, FOR A DISTANCE OF 261.40 FEET TO A COPPERWELD 12 PIN; 13 THENCE CONTINUING ALONG THE SAME SOUTH 49 DEGREES 13 MINUTES 14 00 SECONDS EAST, FOR A DISTANCE OF 68.76 FEET TO A COPPERWELD 15 PIN AT THE CORNER OF LANDS OF THE PENNSYLVANIA DEPARTMENT OF 16 TRANSPORTATION AND OTHER LANDS OF BUTTER KRUST BAKING COMPANY; 17 THENCE CONTINUING ALONG LANDS OF BUTTER KRUST BAKING COMPANY, 18 NORTH 67 DEGREES 26 MINUTES 39 SECONDS WEST FOR A DISTANCE OF 19 309.54 FEET TO A POINT; 20 THENCE CONTINUING ALONG THE SAME BY A CURVE HAVING A RADIUS 21 OF 30 FEET DEFLECTING TO THE LEFT IN A SOUTHWESTERLY DIRECTION 22 FOR A DISTANCE OF 40.02 FEET MEASURED ALONG THE ARC OF THE 23 CURVE, SAID ARC HAVING A CHORD BEARING OF SOUTH 74 DEGREES 20 24 MINUTES 04 SECONDS WEST FOR A DISTANCE OF 37.12 FEET TO A POINT, 25 THE PLACE OF BEGINNING. 26 CONTAINING 7,059.00 SQUARE FEET. 27 BEING A PART OF THE SAME PREMISES ACQUIRED BY THE 28 COMMONWEALTH FROM JOHN CURWEN, BY DEED DATED JANUARY 31, 1879, 29 AND RECORDED IN DAUPHIN COUNTY IN DEED BOOK "Q", VOLUME 5, PAGE 30 476; ALSO PART OF THE SAME PREMISES ACQUIRED BY THE COMMONWEALTH 20020H2910B4739 - 6 -
1 FROM ROBERT GRAHAM AND ANNIE GRAHAM, HIS WIFE, BY DEED DATED 2 OCTOBER 22, 1887, AND RECORDED IN DAUPHIN COUNTY IN DEED BOOK 3 "E", VOLUME 7, PAGE 404. 4 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND 5 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND 6 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS, 7 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, 8 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND 9 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES 10 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF 11 THE LAND OR IMPROVEMENTS ERECTED THEREON. 12 (D) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL 13 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL 14 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA. 15 (E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS 16 CONVEYANCE SHALL BE BORNE BY THE GRANTEE. 17 (F) ALTERNATIVE DISPOSITION.--IN THE EVENT THAT THIS 18 CONVEYANCE IS NOT EXECUTED WITHIN THREE (3) MONTHS OF THE 19 EFFECTIVE DATE OF THIS ACT, THE PROPERTY MAY BE DISPOSED OF IN 20 ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL 9, 1929 21 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929. 22 SECTION 5. LAND IN WHITE TOWNSHIP, INDIANA COUNTY. 23 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH 24 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF 25 TRANSPORTATION, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF 26 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE 27 INDIANA FIRE ASSOCIATION CERTAIN LAND SITUATE ON THE GROUNDS OF 28 THE DEPARTMENT OF TRANSPORTATION'S DISTRICT 10-0 ENGINEERING 29 FACILITY DESCRIBED IN SUBSECTION (B) FOR $1. 30 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO 20020H2910B4739 - 7 -
1 SUBSECTION (A) CONSISTS OF APPROXIMATELY 1.622-ACRES BOUNDED AND 2 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT OF WAY OF 4 L.R. 32046, BEING 40 FEET DISTANT FROM THE CENTERLINE THEREOF, 5 MEASURED AT RIGHT ANGLES THEREFROM; THENCE ALONG SAID RIGHT OF 6 WAY LINE NORTH 1 DEGREE 32 MINUTES 21 SECONDS EAST 402.79 FEET 7 TO A POINT; THENCE ALONG LANDS OF THOMAS FRICK NORTH 63 DEGREES 8 18 MINUTES 11 SECONDS EAST 79.10 FEET TO A POINT; THENCE ALONG 9 OTHER LANDS OF THOMAS M. FRICK AND THERESA D. FRICK, LANDS OF 10 ROBERT V. BRADY AND ALSO LANDS OF THE INDIANA MALL COMPANY BY 11 CURVE TO THE LEFT HAVING A RADIUS OF 3759.83 FEET FOR A ARC 12 DISTANCE OF 355.25 FEET, THE LONG CHORD BEARING SOUTH 36 DEGREES 13 11 MINUTES 19 SECONDS EAST FOR 355.11 FEET TO A POINT; THENCE 14 THROUGH LANDS OF THE COMMONWEALTH OF PENNSYLVANIA IN WHICH THE 15 HEREIN DESCRIBED PARCEL IS A PART SOUTH 62 DEGREES 29 MINUTES 58 16 SECONDS WEST 328.25 FEET TO THE POINT OF BEGINNING. 17 CONTAINING 1.622-ACRES, MORE OR LESS. 18 (C) EASEMENT.--THE CONVEYANCE SHALL BE MADE UNDER AND 19 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND 20 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS, 21 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, 22 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND 23 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES 24 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF 25 THE LAND OR IMPROVEMENTS ERECTED THEREON. 26 (D) EXECUTION.--THE DEED OF CONVEYANCE SHALL CONTAIN THE 27 FOLLOWING RESTRICTIVE COVENANT: UNDER AND SUBJECT TO A CONDITION 28 THAT THE GRANTEE SHALL UTILIZE THE PROPERTY HEREIN CONVEYED AS A 29 FIRE STATION AND FOR NO OTHER PURPOSE. IF THE PROPERTY IS NOT 30 UTILIZED AS SUCH OR THE GRANTEE ATTEMPTS TO CONVEY THE PROPERTY, 20020H2910B4739 - 8 -
1 IT SHALL IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
2 (E) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
3 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
4 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
5 (F) COSTS.--COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE
6 SHALL BE BORNE BY THE GRANTEE.
7 (G) ALTERNATE DISPOSITION.--IN THE EVENT THAT THIS
8 CONVEYANCE IS NOT EXECUTED WITHIN 90 DAYS OF THE EFFECTIVE DATE
9 OF THIS ACT, THE PROPERTY MAY BE DISPOSED OF IN ACCORDANCE WITH
10 SECTION 2406-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
11 KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
12 Section 2 4 6. Effective date. <--
13 This act shall take effect immediately.
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