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                                                      PRINTER'S NO. 4553

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2963 Session of 2002


        INTRODUCED BY SEMMEL, RYAN, COLEMAN, PETRARCA AND SHANER,
           NOVEMBER 12, 2002

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 12, 2002

                                     AN ACT

     1  Authorizing and directing the Department of General Services,
     2     with the approval of the Governor and the Department of
     3     Military and Veterans Affairs, to grant and convey certain
     4     lands situate in Latrobe Borough, Westmoreland County, to the
     5     Borough of Latrobe; authorizing and directing the Department
     6     of General Services, with the approval of the Governor and
     7     the Department of Military and Veterans Affairs, to grant and
     8     convey, at a price determined through competitive bidding,
     9     certain lands situate in Scottdale Borough, Westmoreland
    10     County; authorizing and directing the Department of General
    11     Services, with the approval of the Governor and the
    12     Department of Military and Veterans Affairs, to grant and
    13     convey certain lands situate in Blairsville Borough, Indiana
    14     County, to the Borough of Blairsville; authorizing and
    15     directing the Department of General Services, with the
    16     approval of the Governor and the Department of Military and
    17     Veterans Affairs, to grant and convey certain lands situate
    18     in Kutztown Borough, Berks County, to the Borough of
    19     Kutztown; and authorizing the Department of General Services,
    20     with the approval of the Governor and the Department of
    21     Military and Veterans Affairs, to grant and convey a certain
    22     tract of land situate in the Borough of Media, Delaware
    23     County, to the Borough of Media; and making a repeal.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26  Section 1.  Latrobe Borough, Westmoreland County.
    27     (a)  Authorization.--The Department of General Services, with
    28  the approval of the Governor and the Department of Military and


     1  Veterans Affairs, is hereby authorized and directed on behalf of
     2  the Commonwealth of Pennsylvania to grant and convey to the
     3  Borough of Latrobe, for fair market value as determined by
     4  independent appraisal, the National Guard Armory situate in
     5  Latrobe Borough, Westmoreland County, Pennsylvania, described in
     6  subsection (b).
     7     (b)  Description.--The property to be conveyed pursuant to
     8  subsection (a) consists of approximately 0.32 acres and an
     9  armory building bounded and more particularly described as
    10  follows:
    11                              Tract 1
    12     BEING Lot No. 8 in Block 9 of the Brinker Plan of Lots as
    13  recorded in Westmoreland County Deed Book 82, Page 225.
    14     Said lot having a frontage of fifty (50) feet on the
    15  Northerly side of Spring Street, and extending back, of even
    16  width, between Lot No. 7 on the East and Lot No. 9 on the West,
    17  a distance of one hundred thirty-eight and eighty-six hundredths
    18  (138.86) feet to an alley.
    19     BEING the same land conveyed to the Commonwealth of
    20  Pennsylvania by deed of Effie B. Whiteman, Thomas M. Whiteman,
    21  Rachel L. Whiteman, and Harry J. Whiteman, dated November 24,
    22  1922, and recorded in the Office of Recorder of Deeds in and for
    23  Westmoreland County, Pennsylvania, in Deed Book 720, Page 130.
    24                              Tract 2
    25     BEING Lot No. 7 in Block 9 of the Brinker Plan of Lots in
    26  said Borough of Latrobe as recorded in Westmoreland County Deed
    27  Book 82, Page 225.
    28     Having a frontage of fifty (50) feet on the Northerly side of
    29  Spring Street, and extending back of even width, between Ridge
    30  Avenue on the East and Lot No. 7 in said block on the West, a
    20020H2963B4553                  - 2 -

     1  distance of one hundred thirty-eight and eighty-six hundredths
     2  (138.86) feet to an alley.
     3     AND BEING the same land conveyed to the Commonwealth of
     4  Pennsylvania by deed of James B. Weaver and Fannie F. Weaver,
     5  dated November 24, 1922, and recorded in the Office of Recorder
     6  of Deeds in and for Westmoreland County, Pennsylvania, in Deed
     7  Book 720, Page 131.
     8     (c)  Proceeds.--The proceeds from the sale of the land and
     9  armory shall be deposited in the State Treasury Armory Fund.
    10     (d)  Easements.--The conveyance shall be made under and
    11  subject to all lawful and enforceable easements, servitudes and
    12  rights of others, including but not confined to streets,
    13  roadways and rights of any telephone, telegraph, water,
    14  electric, gas or pipeline companies, as well as under and
    15  subject to any lawful and enforceable estates or tenancies
    16  vested in third persons appearing of record, for any portion of
    17  the land or improvements erected thereon.
    18     (e)  Execution.--The deed of conveyance shall be by Special
    19  Warranty Deed and shall be executed by the Secretary of General
    20  Services in the name of the Commonwealth of Pennsylvania.
    21     (f)  Alternate disposition.--In the event the conveyance is
    22  not executed within three (3) months of the effective date of
    23  this act, the Department of General Services may dispose of the
    24  property in accordance with section 2406-A of act of April 9,
    25  1929 (P.L.177, No.175), known as The Administrative Code of
    26  1929.
    27  Section 2.  Scottdale Borough, Westmoreland County.
    28     (a)  Authorization.--The Department of General Services, with
    29  the approval of the Governor and the Department of Military and
    30  Veterans Affairs, is hereby authorized and directed on behalf of
    20020H2963B4553                  - 3 -

     1  the Commonwealth of Pennsylvania to grant and convey, at a price
     2  to be determined through competitive bidding, the following
     3  tract of land together with any buildings, structures or
     4  improvements thereon, situate in Scottdale Borough, Westmoreland
     5  County, Pennsylvania.
     6     (b)  Description.--The property to be conveyed pursuant to
     7  subsection (a) consists of approximately 0.719-acres and an
     8  armory building bounded and more particularly described as
     9  follows:
    10     BEGINNING at a point on the Northeasterly corner of the
    11  intersection of Edwin Avenue and Everson Street; thence along
    12  Everson Street North 23 degrees 35 minutes East 177.03 feet to a
    13  point, at the intersection of Everson Street and Park Street;
    14  thence along Park Street South 50 degrees 37 minutes East 193.05
    15  feet to a point at the intersection of Park Street and North
    16  Broadway; thence along North Broadway South 4 degrees 58 minutes
    17  West 136.76 feet to a point at the intersection of North
    18  Broadway and Edwin Avenue; thence along Edwin Avenue North 65
    19  degrees 08 minutes West 229.49 feet to the place of BEGINNING.
    20     CONTAINING 0.719-acres, more or less.
    21     (c)  Proceeds.--The proceeds from the sale of the land and
    22  armory shall be deposited in the State Treasury Armory Fund.
    23     (d)  Easements.--The conveyance shall be made under and
    24  subject to all lawful and enforceable easements, servitudes and
    25  rights of others, including but not confined to streets,
    26  roadways and rights of any telephone, telegraph, water,
    27  electric, gas or pipeline companies, as well as under and
    28  subject to any lawful and enforceable estates or tenancies
    29  vested in third persons appearing of record, for any portion of
    30  the land or improvements erected thereon.
    20020H2963B4553                  - 4 -

     1     (e)  Execution.--The deed of conveyance shall be by Special
     2  Warranty Deed and shall be executed by the Secretary of General
     3  Services in the name of the Commonwealth of Pennsylvania.
     4  Section 3.  Blairsville Borough, Indiana County.
     5     (a)  Authorization.--The Department of General Services, with
     6  the approval of the Governor and the Department of Military and
     7  Veterans Affairs, is hereby authorized and directed on behalf of
     8  the Commonwealth of Pennsylvania to grant and convey to the
     9  Borough of Blairsville, for fair market value as determined by
    10  independent appraisal, the Blairsville Armory situate in
    11  Blairsville Borough, Indiana County, Pennsylvania, described in
    12  subsection (b).
    13     (b)  Description.--The property to be conveyed pursuant to
    14  subsection (a) consists of approximately 10,370 square feet and
    15  an armory building bounded and more particularly described as
    16  follows:
    17                              Tract 1
    18     BEING a certain lot or piece of ground together with the two
    19  (2) story building situate in the Borough of Blairsville, County
    20  of Indiana and State of Pennsylvania, bounded and described as
    21  follows, to wit:
    22     BEGINNING on the westerly side of Walnut Street at a point
    23  distant seventy (70) feet northwardly from the north west corner
    24  of Walnut and Campbell streets, said point of beginning being on
    25  the dividing line of property now or late of Mrs. Sarah E. Lyda
    26  and premises herein described: thence northwardly along the
    27  westerly side of said Walnut Street eighty-six and five tenths
    28  (86.5) feet more or less to the southerly line of North Alley;
    29  thence extending westwardly along the southerly line of North
    30  Alley one hundred twenty two (122) feet more or less to the line
    20020H2963B4553                  - 5 -

     1  of property now or late of St. Peter's Episcopal Church; thence
     2  southwardly along the line of said church property a distance of
     3  eighty five and four tenths (85.4) feet more or less to the line
     4  of land now or late of Mrs. Sarah E. Lyda; thence eastwardly by
     5  line of said property now or late of Mrs. Sarah E. Lyda one
     6  hundred twenty one and one tenth (121.1) feet more or less to
     7  the westerly line of Walnut street aforesaid, the place of
     8  beginning.
     9     BEING the same land conveyed to the Commonwealth of
    10  Pennsylvania by deed of Samuel W. Miller and Wilma F.G. Miller,
    11  dated March 25th, 1909 and recorded in the Recorder's Office of
    12  Indiana County, Pennsylvania, May 5th, 1909.
    13     (c)  Proceeds.--The proceeds from the sale of the land and
    14  armory shall be deposited in the State Treasury Armory Fund.
    15     (d)  Easement.--The conveyance shall be made under and
    16  subject to all lawful and enforceable easements, servitudes and
    17  rights of others, including but not confined to streets,
    18  roadways and rights of any telephone, telegraph, water,
    19  electric, gas or pipeline companies, as well as under and
    20  subject to any lawful and enforceable estates or tenancies
    21  vested in third persons appearing of record, for any portion of
    22  the land or improvements erected thereon.
    23     (e)  Execution.--The deed of conveyance shall be by Special
    24  Warranty Deed and shall be executed by the Secretary of General
    25  Services in the name of the Commonwealth of Pennsylvania.
    26     (f)  Alternate disposition.--In the event the conveyance is
    27  not executed within six (6) months of the effective date of this
    28  act, the Department of General Services may dispose of the
    29  property in accordance with section 2406-A of the act of April
    30  9, 1929 (P.L.177, No.175), known as The Administrative Code of
    20020H2963B4553                  - 6 -

     1  1929.
     2  Section 4.  Kutztown Borough, Berks County.
     3     (a)  Authorization.--The Department of General Services, with
     4  the approval of the Governor and the Department of Military and
     5  Veterans Affairs, is hereby authorized and directed on behalf of
     6  the Commonwealth of Pennsylvania to grant and convey to the
     7  Borough of Kutztown, for fair consideration as determined by
     8  independent appraisal, the Apple Alley Garage situate in
     9  Kutztown Borough, Berks County, Pennsylvania, described in
    10  subsection (b).
    11     (b)  Description.--The property to be conveyed pursuant to
    12  subsection (a) consists of approximately 1 acre seven and
    13  fourteen one hundredths (7.14) perches and a maintenance
    14  building bounded and more particularly described as follows:
    15                              Tract 1
    16     BEING a certain lot or piece of ground together with the one
    17  (1) story frame garage erected thereon, situate on the western
    18  side of Pennsylvania Avenue between Normal Avenue and Sander
    19  Alley, in the Borough of Kutztown, County of Berks and State of
    20  Pennsylvania, bounded on the north by property belonging to the
    21  Estate of David Adam, deceased, on the east by residue portion
    22  of Pennsylvania Avenue (unopened), on the south by property
    23  belonging to George T. Deibert, and on the west by a twenty (20)
    24  feet wide alley known as Apple Alley, and being more fully
    25  bounded and described as follows, to wit:
    26     BEGINNING at a corner marked by an iron pin in Pennsylvania
    27  Avenue, a distance of one hundred sixty feet (160') northwardly
    28  from the northern topographical building line of Normal Avenue,
    29  thence leaving the aforesaid Pennsylvania Avenue, passing
    30  through a marble stone on the western topographical building
    20020H2963B4553                  - 7 -

     1  line of same, thirty two feet one eighth inch (32' 0-1/8") from
     2  the last described corner and making an interior angle of ninety
     3  degrees eight minutes (90 degrees 08') with the aforesaid
     4  Pennsylvania Avenue, a distance of one hundred ninety two feet
     5  (192') to a corner marked by a marble stone on the eastern side
     6  of a twenty (20) feet wide alley known as Apple Alley; thence in
     7  a northerly direction location same, making an interior angle of
     8  eighty nine degrees fifty two minutes (89 degrees 52') with the
     9  last described line, a distance of two hundred thirty seven feet
    10  (237') to a corner marked by a marble stone; thence leaving and
    11  making an interior angle of ninety degrees eight minutes (90
    12  degrees 08') with aforesaid Apple Alley and in an easterly
    13  direction along property belonging to the Estate of David Adam,
    14  deceased, passing through a marble stone on the western
    15  topographical building line of the aforesaid Pennsylvania
    16  Avenue, thirty two feet one eighth inch (32' 0-1/8th") from the
    17  next described corner, a distance of one hundred ninety two feet
    18  (192') to a corner marked by an iron pin in the aforesaid
    19  Pennsylvania Avenue; thence in and along same in a southerly
    20  direction, making an interior angle of eighty nine degrees fifty
    21  two minutes (89 degrees 52') with the last described line, a
    22  distance of two hundred thirty seven feet (237') to the place of
    23  Beginning. CONTAINING one (1) acre seven and fourteen one
    24  hundredths (7.14) perches.
    25     BEING the same premises which Percy H. Keodinger, Singleman,
    26  by his deed dated September 13, 1948, and about to be recorded
    27  in the office of the Recorder of Deeds of Berks County,
    28  Pennsylvania, granted and conveyed unto Borough of Kutztown,
    29  party hereto, and BEING DELINEATED on blue print attached to
    30  this deed and made a part hereof.
    20020H2963B4553                  - 8 -

     1     (c)  Proceeds.--The proceeds from the sale of the land and
     2  armory shall be deposited in the State Treasury Armory Fund.
     3     (d)  Easements.--The conveyance shall be made under and
     4  subject to all lawful and enforceable easements, servitudes and
     5  rights of others, including but not confined to streets,
     6  roadways and rights of any telephone, telegraph, water,
     7  electric, gas or pipeline companies, as well as under and
     8  subject to any lawful and enforceable estates or tenancies
     9  vested in third persons appearing of record, for any portion of
    10  the land or improvements erected thereon.
    11     (e)  Execution.--The deed of conveyance shall be by Special
    12  Warranty Deed and shall be executed by the Secretary of General
    13  Services in the name of the Commonwealth of Pennsylvania.
    14     (f)  Alternate disposition.--In the event the conveyance is
    15  not executed within three (3) months of the effective date of
    16  this act, the Department of General Services may dispose of the
    17  property in accordance with section 2406-A of the act of April
    18  9, 1929 (P.L.177, No.175), known as The Administrative Code of
    19  1929.
    20  Section 5.  Media Borough, Delaware County.
    21     (a)  Authorization.--The Department of General Services, with
    22  the approval of the Governor and the Department of Military and
    23  Veterans Affairs, is hereby authorized on behalf of the
    24  Commonwealth of Pennsylvania to grant and convey to the Borough
    25  of Media, certain land and improvements thereon known as the
    26  National Guard Armory described in subsection (b) for fair
    27  consideration as determined by independent appraisal.
    28     (b)  Description.--The property to be conveyed is a tract of
    29  land together with improvements thereon situate in the Borough
    30  of Media, Delaware County, Pennsylvania, bounded and described
    20020H2963B4553                  - 9 -

     1  as follows:
     2     All that certain tract of land situate on the Southwestern
     3  corner of State and Church Streets, containing in front or
     4  breadth on the said State Street, one hundred (100) feet and
     5  extending of that width in length or depth Southwardly one
     6  hundred and fifty (150) feet to the Northerly side of Baker
     7  Street (thirty feet wide) together with the right and use of
     8  said Baker Street in common with the owners of the other land
     9  abutting thereon.
    10     This property being identified as Tax Map No. 26-04-560.00
    11     Being the same property that James A. McDowell Et. Al. as
    12  trustees of the First Methodist Episcopal Church of Media, by
    13  their deed dated November 7, 1907, and recorded in the Delaware
    14  County Recorder of Deeds Office in Deed Book S-12, Page 31,
    15  granted and conveyed unto the Commonwealth of Pennsylvania.
    16     (c)  Easements.--The conveyance shall be made under and
    17  subject to all lawful and enforceable easements, servitudes and
    18  rights of others, including but not confined to streets,
    19  roadways and rights of any telephone, telegraph, water,
    20  electric, gas or pipeline companies, as well as under and
    21  subject to any lawful and enforceable estates or tenancies
    22  vested in third persons appearing of record, for any portion of
    23  the land or improvements erected thereon.
    24     (d)  Execution.--The deed of conveyance shall be by Special
    25  Warranty Deed and shall be executed by the Secretary of General
    26  Services in the name of the Commonwealth of Pennsylvania.
    27     (e)  Costs and fees.--Costs and fees incidental to this
    28  conveyance shall be borne by the Grantee.
    29     (f)  Proceeds.--The proceeds from the sale shall be deposited
    30  in the State Treasury Armory Fund.
    20020H2963B4553                 - 10 -

     1     (g)  Alternate disposition.--In the event the conveyance is
     2  not executed within six (6) months of the effective date of this
     3  act, the Department of General Services may dispose of the
     4  property in accordance with section 2406-A of the act of April
     5  9, 1929 (P.L.177, No.175), known as The Administrative Code of
     6  1929.
     7  Section 6.  Repeal.
     8     Section 3 of the act of June 22, 2000 (P.L.447, No.60),
     9  entitled "An act authorizing and directing the Department of
    10  General Services, with the approval of the Governor, to grant
    11  and convey oil, gas and mineral rights, including coal, that the
    12  Commonwealth possesses in a certain parcel of land situate in
    13  Canaan Township, Wayne County, Pennsylvania, to the United
    14  States of America and releasing certain restrictions on that
    15  land; authorizing and directing the Department of General
    16  Services, with the approval of the Governor, to sell and convey
    17  to Warren County Conservation District a certain tract of land
    18  situate in the Township of Glade, Warren County, Pennsylvania;
    19  and authorizing and directing the Department of General
    20  Services, with the approval of the Governor and the Department
    21  of Military and Veterans Affairs, to sell and convey to Media
    22  Borough a certain tract of land situate in Media Borough,
    23  Delaware County, Pennsylvania," is repealed.
    24  Section 7.  Effective date.
    25     This act shall take effect immediately.




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