HOUSE AMENDED
PRIOR PRINTER'S NOS. 1024, 1703 PRINTER'S NO. 2614
No. 895 Session of 1989
INTRODUCED BY LEMMOND, MAY 8, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 19, 1990
AN ACT
1 Authorizing THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
2 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF CORRECTIONS,
3 TO CONVEY CERTAIN LAND IN THE BOROUGH OF HUNTINGDON,
4 HUNTINGDON COUNTY, TO THE BOROUGH OF HUNTINGDON; AUTHORIZING
5 and directing the Department of Transportation, with the
6 approval of the Governor, to convey to Bernard C. Banks, Jr.,
7 a tract of land situate in Kingston Township, Luzerne County,
8 Pennsylvania; AUTHORIZING AND DIRECTING THE DEPARTMENT OF <--
9 TRANSPORTATION, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY
10 TO FRANK JEROME AN EASEMENT OVER LANDS BELONGING TO THE
11 COMMONWEALTH SITUATE IN INDIANA TOWNSHIP, ALLEGHENY COUNTY,
12 PENNSYLVANIA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF
13 TRANSPORTATION, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY
14 TO THE MIDDLETOWN FIRE DEPARTMENT A TRACT OF LAND SITUATE IN
15 MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA; AND
16 AUTHORIZING THE STATE ARMORY BOARD OF THE DEPARTMENT OF
17 MILITARY AFFAIRS AND THE DEPARTMENT OF GENERAL SERVICES WITH
18 THE APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY A TRACT OF
19 LAND, TOGETHER WITH THE BUILDING AND STRUCTURES THERETO, IN
20 THE CITY OF CHESTER, DELAWARE COUNTY, PENNSYLVANIA.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 SECTION 1. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
24 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF CORRECTIONS, IS
25 HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
1 PENNSYLVANIA TO GRANT AND CONVEY TO THE BOROUGH OF HUNTINGDON,
2 FOR A CONSIDERATION OF ONE DOLLAR, THE FOLLOWING LAND AND RIGHTS
3 THEREIN SITUATE IN THE BOROUGH OF HUNTINGDON, HUNTINGDON COUNTY,
4 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
5 ITEM NO. 1
6 ALL THAT PARCEL OF LAND SITUATE IN THE BOROUGH OF HUNTINGDON,
7 COUNTY OF HUNTINGDON AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED
8 AND DESCRIBED AS FOLLOWS, VIZ:
9 BEGINNING AT A POINT MARKED BY AN IRON PIN AT THE
10 NORTHEASTERLY CORNER OF LAND NOW OR FORMERLY OF REX MCMICKENS ON
11 THE WESTERLY SIDE OF THE RAILROAD OF PENN CENTRAL TRANSPORTATION
12 COMPANY KNOWN AS THE MAIN LINE IN THE VICINITY OF SAID
13 TRANSPORTATION COMPANY'S MILE POST 203, SAID BEGINNING POINT
14 BEING IN THE WESTERLY LINE OF THE FORMER PENNSYLVANIA CANAL
15 LANDS APPROXIMATELY 1405 FEET NORTH OF THE NORTHERLY LINE OF 8TH
16 STREET AS MEASURED ALONG SAID WESTERLY LINE OF FORMER CANAL
17 LANDS;
18 EXTENDING FROM SAID BEGINNING POINT THE FOLLOWING TEN COURSES
19 AND DISTANCES, THE FIRST SEVEN THEREOF BEING BY REMAINING LAND
20 OF SAID TRANSPORTATION COMPANY: (1) NORTH 0 DEGREES 35 MINUTES
21 WEST 31.0 FEET TO AN IRON PIN DISTANT 58 FEET WESTWARDLY, AT
22 RIGHT ANGLES, FROM THE CENTER LINE OF THE EASTBOUND MAIN TRACK
23 OF RAILROAD OF SAID TRANSPORTATION COMPANY; (2) SOUTH 75 DEGREES
24 40 MINUTES WEST 92.0 FEET TO AN IRON PIN DISTANT 150 FEET
25 WESTWARDLY, AT RIGHT ANGLES, FROM SAID CENTER LINE OF EASTBOUND
26 MAIN TRACK; (3) NORTH 14 DEGREES 15 MINUTES WEST, PARALLEL WITH
27 SAID CENTER LINE OF EASTBOUND MAIN TRACK, 1508.0 FEET TO AN IRON
28 PIN; (4) NORTH 75 DEGREES 40 MINUTES EAST 113.0 FEET TO AN IRON
29 PIN DISTANT 37 FEET WESTWARDLY, AT RIGHT ANGLES, FROM SAID
30 CENTER LINE OF EASTBOUND MAIN TRACK; (5) NORTH 14 DEGREES 15
19890S0895B2614 - 2 -
1 MINUTES WEST, PARALLEL WITH SAID CENTER LINE OF EASTBOUND MAIN
2 TRACK, 1106.0 FEET TO AN IRON PIN; (6) SOUTH 75 DEGREES 40
3 MINUTES WEST 78.0 FEET TO AN IRON PIN; AND (7) CONTINUING SOUTH
4 75 DEGREES 40 MINUTES WEST 10 FEET, MORE OR LESS TO THE EAST
5 BANK OF THE JUNIATA RIVER; THENCE (8) SOUTHWARDLY, ALONG SAID
6 EAST BANK OF RIVER, 2775 FEET, MORE OR LESS, TO THE NORTHERLY
7 LINE OF SAID LAND NOW OR FORMERLY OF REX MCMICKENS; THENCE (9)
8 NORTH 75 DEGREES 40 MINUTES EAST ALONG SAID NORTHERLY LINE OF
9 THE LAST MENTIONED LAND, 20 FEET MORE OR LESS TO AN IRON PIN,
10 WHICH LAST MENTIONED IRON PIN IS LOCATED THE FOLLOWING TWELVE
11 COURSES AND DISTANCES FROM THE IRON PIN AT THE END OF COURSE
12 NUMBER 6 HEREIN; (A) SOUTH 7 DEGREES 29 MINUTES WEST 160.3 FEET
13 TO AN IRON PIN; (B) SOUTH 10 DEGREES 6 MINUTES WEST 249.4 FEET
14 TO AN IRON PIN; (C) SOUTH 5 DEGREES 43 MINUTES EAST 211.2 FEET
15 TO AN IRON PIN; (D) SOUTH 22 DEGREES 45 MINUTES EAST 118.0 FEET
16 TO AN IRON PIN; (E) SOUTH 9 DEGREES 38 MINUTES EAST 198.2 FEET
17 TO AN IRON PIN; (F) SOUTH 15 DEGREES 45 MINUTES EAST 160.3 FEET
18 TO AN IRON PIN; (G) SOUTH 11 DEGREES 46 MINUTES EAST 318.2 FEET
19 TO AN IRON PIN; (H) SOUTH 12 DEGREES 54 MINUTES EAST 442.9 FEET
20 TO AN IRON PIN; (I) SOUTH 1 DEGREE 4 MINUTES WEST 299.4 FEET TO
21 AN IRON PIN; (J) SOUTH 12 DEGREES 4 MINUTES EAST 194.3 FEET TO
22 AN IRON PIN; (K) SOUTH 19 DEGREES 5 MINUTES EAST 160.0 FEET TO
23 AN IRON PIN; AND (L) SOUTH 40 DEGREES 1 MINUTE EAST 202.0 FEET;
24 AND THENCE (10) CONTINUING NORTH 75 DEGREES 40 MINUTES EAST
25 ALONG SAID NORTHERLY LINE OF LAND NOW OR FORMERLY OF REX
26 MCMICKENS, 247.5 FEET TO THE PLACE OF BEGINNING CONTAINING 14.15
27 ACRES MORE OR LESS.
28 ITEM NO. 2
29 ALL THE RIGHT, TITLE AND INTEREST OF THE COMMONWEALTH, IN AND
30 TO THE MUDS, AND LAND UNDER THE WATERS OF THE JUNIATA RIVER
19890S0895B2614 - 3 -
1 BOUNDING THE HEREINBEFORE DESCRIBED ON THE WEST AS FAR INTO THE
2 SAID RIVER AS SUCH RIGHT, TITLE AND INTEREST EXTENDS OR SHOULD
3 EXTEND BY LAW OR CUSTOM AND ALL RIPARIAN RIGHTS APPERTAINING
4 THERETO.
5 ITEM NO. 3
6 ALL THE RIGHTS OF THE COMMONWEALTH, IN THE 20 FEET WIDE
7 ACCESS ROADWAY TO THE LAND DESCRIBED IN ITEM NO. 1 ABOVE, THE
8 BASE LINE OF WHICH IS DESCRIBED AS FOLLOWS:
9 BEGINNING AT THE SAME BEGINNING POINT ESTABLISHED AT THE
10 BEGINNING POINT IN THE PARCEL OF LAND CONTAINING 14.15 ACRES,
11 MORE OR LESS, HEREINBEFORE DESCRIBED, SAID BEGINNING POINT BEING
12 IN THE GENERAL EASTERLY LINE OF AN EXISTING ROADWAY AS DEPICTED
13 ON A PLAN OF SURVEY MADE BY PAUL J. LOGUE, REGISTERED
14 PROFESSIONAL ENGINEER NO. 7994E, DATED NOVEMBER 1972;
15 EXTENDING FROM SAID BEGINNING POINT THE FOLLOWING SIX COURSES
16 AND DISTANCES ALONG SAID BASE LINE; (1) SOUTH 18 DEGREES 20
17 MINUTES EAST 86.5 FEET TO AN IRON PIN DISTANT 15 FEET WEST OF
18 THE EAST LINE OF SAID ROADWAY AND 5 FEET EAST OF THE WEST LINE
19 OF SAID ROADWAY; (2) SOUTH 4 DEGREES 28 MINUTES WEST 248.7 FEET
20 TO AN IRON PIN DISTANT 10 FEET WEST OF THE EAST LINE OF SAID
21 ROADWAY AND 10 FEET EAST OF THE WEST LINE OF SAID ROADWAY; (3)
22 SOUTH 6 DEGREES 20 MINUTES EAST 299.5 FEET TO AN IRON PIN
23 DISTANT 5 FEET WEST OF THE EAST LINE OF SAID ROADWAY AND 15 FEET
24 EAST OF THE WEST LINE OF SAID ROADWAY; (4) SOUTH 19 DEGREES 32
25 MINUTES EAST 199.3 FEET TO AN IRON PIN DISTANT 5 FEET WEST OF
26 THE EAST LINE OF SAID ROADWAY AND 15 FEET EAST OF THE WEST LINE
27 OF SAID ROADWAY; (5) SOUTH 32 DEGREES 21 MINUTES EAST 99.7 FEET
28 TO AN IRON PIN; AND (6) SOUTH 35 DEGREES 23 MINUTES EAST 269.6
29 FEET TO AN IRON PIN IN THE PROLONGATION WESTWARDLY OF THE FIRST
30 STREET NORTH OF 8TH STREET, THE POINT OF ENDING FOR THE PARCEL
19890S0895B2614 - 4 -
1 OF LAND BEING DESCRIBED.
2 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
3 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
4 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
5 (C) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
6 BORNE BY THE GRANTEE.
7 Section 1 2. (A) The Department of Transportation, with the <--
8 approval of the Governor, is hereby authorized and directed, on
9 behalf of the Commonwealth of Pennsylvania, to grant and convey
10 to Bernard C. Banks, Jr., for fair market value as determined by
11 an independent appraiser approved by the Department of
12 Transportation, the following tract of land situate in Kingston
13 Township, Luzerne County, Pennsylvania, bounded and described as
14 follows:
15 Beginning at an iron pin corner on the westerly side of
16 Pennsylvania Department of Transportation State Route 1036, said
17 corner being 50 feet westerly from the construction centerline
18 Station 58+85.00 and shown as corner A-1 on map of property plat
19 of the Pennsylvania Department of Transportation, thence along
20 the right-of-way line of said State route as shown on said map
21 north 31 degrees 31 minutes 23 seconds east a distance of 253.31
22 feet to an iron pin corner, thence along the division line of
23 land of the Pennsylvania Department of Transportation and land
24 of L. B. Sharpe et ux., north 70 degrees 22 minutes 52 seconds
25 west a distance of 141.45 feet to an iron pin corner, thence
26 along the right-of-way line of Old Carverton Road on a curve to
27 the left with a radius of 794.02 feet the following bearings and
28 chord distances; (1) south 16 degrees 28 minutes 49 seconds west
29 a distance of 20.11 feet to a wood stake corner; (2) south 15
30 degrees 34 minutes 05 seconds west a distance of 25 feet to a
19890S0895B2614 - 5 -
1 wood stake corner; (3) south 14 degrees 38 minutes 56 seconds
2 west a distance of 25 feet to a wood stake corner; (4) south 12
3 degrees 00 minutes 47 seconds west a distance of 25 feet to a
4 wood stake corner; (5) south 10 degrees 12 minutes 28 seconds
5 west a distance of 25.10 feet to a wood stake corner; (6) south
6 09 degrees 40 minutes 17 seconds west a distance of 25 feet to a
7 wood stake corner; (7) south 08 degrees 58 minutes 21 seconds
8 west a distance of 25 feet to an iron pin corner, thence along
9 said right-of-way line south 07 degrees 00 minutes 40 seconds
10 west a distance of 69.14 feet to an iron pin corner. Thence
11 along the right-of-way line of a road approach south 57 degrees
12 50 minutes 17 seconds east a distance of 54.01 feet to an iron
13 pin corner, the place of beginning containing 0.56 acres, more
14 or less. Comprising a parcel of land being bounded on the north
15 by land of L. B. Sharpe et ux., on the east by State Route 1036,
16 on the south by road approach and on the west by Old Carverton
17 Road. Being a portion of lots 135, 136 and 137, section 1,
18 Meadow-Crest Division, Kingston Township, Pennsylvania.
19 Excepting on this parcel of land an Agreement No. 54710 dated
20 July 30, 1975, between Pennsylvania Department of Transportation
21 and the Meadow Crest Water Company providing for the relocation
22 of water facilities to accommodate Legislative Route 40124,
23 section 2.
24 Section 2. (B) The conveyance shall be made under and <--
25 subject to all easements, servitudes and rights of others,
26 including, but not confined to, streets, roadways and rights of
27 telephone, telegraph, water, electric, sewer, gas or pipeline
28 companies, as well as under and subject to any interest, estates
29 or tenancies vested in third persons, whether or not appearing
30 of record, for any portion of the land or improvements erected
19890S0895B2614 - 6 -
1 thereon.
2 Section 3. (C) The deed of conveyance shall contain <--
3 conditions that no building may be done upon the land and the
4 land must be preserved in its natural condition or that the land
5 will revert to the Commonwealth.
6 Section 4. (D) The deed of conveyance shall be approved as <--
7 provided by law and shall be executed by the Secretary of
8 Transportation in the name of the Commonwealth of Pennsylvania.
9 Section 5. (E) Costs and fees incidental to this conveyance <--
10 shall be borne by the grantee.
11 Section 6. (F) Moneys received from the conveyance shall be <--
12 deposited in the Motor License Fund.
13 SECTION 3. (A) THE DEPARTMENT OF TRANSPORTATION, WITH THE <--
14 APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
15 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND CONVEY
16 TO FRANK JEROME, FOR THE SUM OF $1 AND OTHER GOOD AND VALUABLE
17 CONSIDERATION APPROVED BY THE DEPARTMENT OF TRANSPORTATION, AN
18 EASEMENT OVER THE FOLLOWING CERTAIN TRACT OR PARCEL OF LAND TO
19 ENCOMPASS A 10-FOOT GAS LINE EASEMENT SITUATE IN INDIANA
20 TOWNSHIP, ALLEGHENY COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED
21 AS FOLLOWS:
22 THE POINT OF BEGINNING BEING SOUTH 87 DEGREES 53 MINUTES 51
23 SECONDS WEST A DISTANCE OF 723.78 FEET FROM THE NORTHWESTERLY
24 CORNER OF PROPERTY NOW OR FORMERLY OF CARL DESANTIS, ET UX, AND
25 ON EASTERLY PROPERTY LINE OF JOHN J. HARMON, ET UX, NOW OR
26 FORMERLY AND BEING THE SOUTHWEST CORNER OF PROPERTY HELD BY THE
27 COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG 10-FOOT GAS LINE
28 EASEMENT BY THE FOLLOWING COURSES AND DISTANCES: NORTH 13
29 DEGREES 46 MINUTES 05.5 SECONDS EAST FOR A DISTANCE OF 63.64
30 FEET; THENCE NORTH 68 DEGREES 14 MINUTES 07.7 SECONDS EAST 30.82
19890S0895B2614 - 7 -
1 FEET; SOUTH 83 DEGREES 17 MINUTES 32.1 SECONDS EAST 78.02 FEET;
2 NORTH 48 DEGREES 46 MINUTES 55.4 SECONDS EAST 201.66 FEET; NORTH
3 68 DEGREES 09 MINUTES 11.3 SECONDS EAST 25.01 FEET; NORTH 85
4 DEGREES 56 MINUTES 49.4 SECONDS EAST 29.87 FEET; SOUTH 83
5 DEGREES 45 MINUTES 55 SECONDS EAST 28.03 FEET; SOUTH 81 DEGREES
6 36 MINUTES 11.9 SECONDS EAST 19.48 FEET; SOUTH 72 DEGREES 32
7 MINUTES 54.9 SECONDS EAST 26.51 FEET; NORTH 70 DEGREES 08
8 MINUTES 54 SECONDS EAST 195.92 FEET; NORTH 58 DEGREES 23 MINUTES
9 10.8 SECONDS EAST 434.64 FEET; NORTH 43 DEGREES 07 MINUTES 07.2
10 SECONDS EAST 22.46 FEET; THENCE NORTH 67 DEGREES 51 MINUTES 27.8
11 SECONDS EAST FOR A DISTANCE OF 90.17 FEET TO EASTERLY PROPERTY
12 LINE OF THE COMMONWEALTH OF PENNSYLVANIA PROPERTY AND WESTERLY
13 LINE OF EXISTING EASEMENT PER DEED BOOK, VOLUME 5598, PAGE 148,
14 DATED FEBRUARY 5, 1976; THENCE BY THE FOLLOWING COURSES AND
15 DISTANCES: NORTH 67 DEGREES 51 MINUTES 27.8 SECONDS EAST 37.87
16 FEET; SOUTH 82 DEGREES 10 MINUTES 13.3 SECONDS EAST 27.09 FEET;
17 SOUTH 77 DEGREES 19 MINUTES 46.3 SECONDS EAST 21.19 FEET; NORTH
18 54 DEGREES 29 MINUTES 05.2 SECONDS EAST 14.57 FEET; NORTH 52
19 DEGREES 51 MINUTES 31.4 SECONDS EAST FOR A DISTANCE OF 18.72
20 FEET TO A POINT BEING THE NORTHERLY LINE OF EXISTING EASEMENT
21 AND NORTHEASTERLY CORNER 10-FOOT GAS LINE EASEMENT; THENCE ALONG
22 EXISTING NORTHERLY EASEMENT LINE FOR AN ARC DISTANCE OF 11.37
23 FEET HAVING A RADIUS OF 266.01 TO SOUTHEASTERLY CORNER OF 10-
24 FOOT GAS LINE EASEMENT; THENCE ALONG THE SOUTHERLY LINE OF 10-
25 FOOT GAS LINE EASEMENT THE FOLLOWING COURSES AND DISTANCES:
26 SOUTH 52 DEGREES 51 MINUTES 31.4 SECONDS WEST 24.27 FEET; SOUTH
27 54 DEGREES 29 MINUTES 05.2 SECONDS WEST 19.19 FEET; NORTH 77
28 DEGREES 19 MINUTES 46.3 SECONDS WEST 25.23 FEET; NORTH 82
29 DEGREES 10 MINUTES 13.3 SECONDS WEST 23.99 FEET, THENCE SOUTH 67
30 DEGREES 51 MINUTES 27.8 SECONDS WEST FOR A DISTANCE OF 45.23
19890S0895B2614 - 8 -
1 FEET TO A POINT ON EASTERLY PROPERTY LINE OF PROPERTY HELD BY
2 THE COMMONWEALTH OF PENNSYLVANIA AND WESTERLY LINE OF EXISTING
3 EASEMENT; THENCE ALONG THE SOUTHERLY LINE OF 10-FOOT GAS LINE
4 EASEMENT THROUGH COMMONWEALTH OF PENNSYLVANIA PROPERTY THE
5 FOLLOWING COURSES AND DISTANCES: SOUTH 67 DEGREES 51 MINUTES
6 27.8 SECONDS WEST 77.93 FEET; SOUTH 43 DEGREES 07 MINUTES 07.2
7 SECONDS WEST 21.60 FEET; SOUTH 58 DEGREES 23 MINUTES 10.8
8 SECONDS WEST 437.01 FEET; SOUTH 70 DEGREES 08 MINUTES 54 SECONDS
9 WEST 200.32 FEET; NORTH 72 DEGREES 32 MINUTES 54.9 SECONDS WEST
10 29.09 FEET; NORTH 81 DEGREES 36 MINUTES 11.9 SECONDS WEST 18.50
11 FEET; NORTH 83 DEGREES 45 MINUTES 55 SECONDS WEST 26.95 FEET;
12 SOUTH 85 DEGREES 56 MINUTES 49.4 SECONDS WEST 27.41 FEET; THENCE
13 SOUTH 68 DEGREES 09 MINUTES 11.3 SECONDS WEST 21.73 FEET; SOUTH
14 48 DEGREES 46 MINUTES 55.4 SECONDS WEST 204.40 FEET; NORTH 83
15 DEGREES 17 MINUTES 32.1 SECONDS WEST 79.92 FEET; SOUTH 68
16 DEGREES 14 MINUTES 07.7 SECONDS WEST 23.19 FEET; THENCE SOUTH 13
17 DEGREES 46 MINUTES 05.5 SECONDS WEST FOR A DISTANCE OF 55.66
18 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE OF PROPERTY HELD
19 BY THE COMMONWEALTH OF PENNSYLVANIA AND ON THE NORTHERLY
20 PROPERTY LINE NOW OR FORMERLY OF CARL DESANTIS, ET UX, THENCE
21 ALONG COMMON PROPERTY LINE OF CARL DESANTIS AND THE COMMONWEALTH
22 OF PENNSYLVANIA SOUTH 87 DEGREES 53 MINUTES 51 SECONDS WEST FOR
23 A DISTANCE OF 10.40 FEET TO THE POINT OF BEGINNING. CONTAINING
24 0.3130 ACRES.
25 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
26 OTHER EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT
27 NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
28 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
29 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
30 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
19890S0895B2614 - 9 -
1 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
2 (C) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
3 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF TRANSPORTATION IN
4 THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
5 (D) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
6 BORNE BY THE GRANTEE.
7 (E) MONEYS RECEIVED FROM THE CONVEYANCE SHALL BE DEPOSITED
8 IN THE MOTOR LICENSE FUND.
9 SECTION 4. (A) THE DEPARTMENT OF TRANSPORTATION, WITH THE
10 APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
11 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND CONVEY
12 TO THE MIDDLETOWN FIRE DEPARTMENT FOR ONE-HALF THE FAIR MARKET
13 VALUE AS DETERMINED BY AN INDEPENDENT APPRAISER APPROVED BY THE
14 DEPARTMENT OF TRANSPORTATION, THE FOLLOWING TRACT OF LAND
15 SITUATE IN MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA,
16 BOUNDED AND DESCRIBED AS FOLLOWS:
17 BEGINNING AT A POINT AT THE CORNERS OF TWO PROPERTIES, SAID
18 PROPERTIES BEING OWNED BY THE PENNSYLVANIA DEPARTMENT OF
19 TRANSPORTATION AND S.A.B. ENGINEERING AND CONSTRUCTION, INC.
20 (FORMERLY THE ROOSEVELT SCHOOL); THENCE ALONG THE COMMON
21 PROPERTY LINE OF THE ABOVE STATED PROPERTIES THE FOLLOWING TWO
22 COURSES AND DISTANCES, SOUTH 34 DEGREES 06 MINUTES EAST 163.95
23 FEET, AND SOUTH 49 DEGREES 30 MINUTES WEST 432.75 FEET; THENCE
24 IN A NORTHWESTERLY DIRECTION FOLLOWING THE LEGAL RIGHT-OF-WAY
25 LINE OF NEW MIDDLETOWN ROAD (S.R.352) PARALLEL TO AND 70 FEET
26 EAST OF THE CENTERLINE ALONG AN ARC CURVING TO THE LEFT HAVING A
27 RADIUS OF 2934.93 FEET A DISTANCE OF 91.17 FEET TO A POINT;
28 THENCE ALONG SAID LEGAL RIGHT-OF-WAY LINE NORTH 74 DEGREES 28
29 MINUTES 08 SECONDS EAST 20.00 FEET TO A POINT; THENCE IN A
30 NORTHWESTERLY DIRECTION FOLLOWING THE LEGAL RIGHT-OF-WAY LINE OF
19890S0895B2614 - 10 -
1 NEW MIDDLETOWN ROAD (S.R.352) PARALLEL TO AND 90 FEET EAST OF
2 THE CENTERLINE ALONG AN ARC CURVING TO THE LEFT HAVING A RADIUS
3 OF 2954.93 FEET A DISTANCE OF 120.16 FEET TO A POINT, SAID POINT
4 BEING 15 FEET SOUTH OF THE CENTERLINE OF AN ACCESS ROAD (BACK
5 ENTRANCE) TO THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
6 BORTENDALE MAINTENANCE YARD; THENCE NORTH 48 DEGREES 17 MINUTES
7 31 SECONDS EAST 15 FEET SOUTH OF AND PARALLEL TO SAID ACCESS
8 ROAD 349.74 FEET TO A POINT; THENCE ALONG SAID PENNSYLVANIA
9 DEPARTMENT OF TRANSPORTATION LAND SOUTH 34 DEGREES 06 MINUTES
10 EAST 25.67 FEET TO THE FIRST MENTIONED POINT AND PLACE OF
11 BEGINNING.
12 CONTAINING 1.640 ACRES MORE OR LESS.
13 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
14 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
15 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
16 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
17 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
18 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
19 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
20 (C) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
21 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF TRANSPORTATION IN
22 THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
23 (D) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
24 BORNE BY THE GRANTEE.
25 (E) MONEYS RECEIVED FROM THE CONVEYANCE SHALL BE DEPOSITED
26 IN THE MOTOR LICENSE FUND.
27 SECTION 5. (A) THE STATE ARMORY BOARD OF THE DEPARTMENT OF
28 MILITARY AFFAIRS HAVING DETERMINED IN ACCORDANCE WITH 51 PA.C.S.
29 § 1507 (RELATING TO SALE OF UNUSABLE ARMORIES AND LAND), THAT
30 CHESTER ARMORY AND THE REAL ESTATE TO WHICH IT IS APPURTENANT
19890S0895B2614 - 11 -
1 ARE NO LONGER SUITABLE FOR MILITARY SERVICES DUE TO CHANGES IN
2 THE NEEDS OF THE MILITARY SERVICE, IT AND THE DEPARTMENT OF
3 GENERAL SERVICES WITH THE APPROVAL OF THE GOVERNOR, ARE HEREBY
4 AUTHORIZED TO SELL AND CONVEY, BY GENERAL WARRANTY DEED, ACTING
5 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, FOR A
6 CONSIDERATION OF $82,500, WHICH CONSIDERATION IS HEREBY
7 DETERMINED TO BE THE FAIR MARKET VALUE OF THE REAL ESTATE AND
8 STRUCTURES HEREINAFTER DESCRIBED, TO THE HIGHEST RESPONSIBLE
9 BIDDER, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, TITLE AND
10 INTEREST OF THE COMMONWEALTH IN A TRACT OF LAND, AND THE ARMORY
11 BUILDING KNOWN AS CHESTER ARMORY, APPURTENANT THERETO, IN THE
12 CITY OF CHESTER, DELAWARE COUNTY, COMMONWEALTH OF PENNSYLVANIA,
13 CONTAINING APPROXIMATELY 16,000 SQUARE FEET WITH AN ARMORY
14 BUILDING THEREON ERECTED, MORE PARTICULARLY DESCRIBED AS
15 FOLLOWS:
16 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE CITY
17 OF CHESTER AFORESAID, DESCRIBED ACCORDING TO A SURVEY THEREOF
18 MADE BY B. G. LADOMUS, CITY ENGINEER, ON THE THIRTEENTH DAY OF
19 NOVEMBER A.D. 1906, AS FOLLOWS, TO WIT:
20 SITUATE ON THE SOUTHWEST CORNER OF EIGHTH STREET (SIXTY FEET
21 WIDE) AND MARKET STREET (FIFTY FEET WIDE) CONTAINING IN FRONT OR
22 BREADTH ON THE SAID EIGHTH STREET ONE HUNDRED AND SIXTY (160)
23 FEET AND EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH SOUTHWARD
24 BETWEEN LINES AT RIGHT ANGLES TO THE SAID EIGHTH STREET, AND
25 ALONG THE WEST SIDE OF SAID MARKET STREET ONE HUNDRED (100) FEET
26 TO A CERTAIN TWENTY (20) FEET WIDE ALLEY LEADING EASTWARD INTO
27 THE SAID MARKET STREET (THE SMALLER PART OF THE LOT OF GROUND)
28 ABOVE DESCRIBED (BEING PART OF A LARGE LOT OR PIECE OF GROUND)
29 WHICH JOHN D. LEAR BY INDENTURE DATED THE FOURTH DAY OF
30 SEPTEMBER A.D. 1906 AND RECORDED IN THE OFFICE FOR RECORDING OF
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1 DEEDS IN AND FOR THE COUNTY OF DELAWARE AFORESAID IN DEED BOOK
2 L. NO. 12 PAGE 52400 GRANTED AND CONVEYED UNTO THE SAID J. IRVIN
3 TAYLOR IN FEE. SUBJECT TO THE PAYMENT OF A CERTAIN MORTGAGE FOR
4 TWO THOUSAND DOLLARS THEREIN MENTIONED WHICH HAS SINCE BEEN
5 FULLY PAID OFF AND SATISFIED OF INDENTURE DATED THE TWENTY-
6 EIGHTH DAY OF DECEMBER A.D. 1906 AND INTENDED TO BE FORTHWITH
7 RECORDED, GRANTED AND CONVEYED UNTO THE SAID J. IRVIN TAYLOR IN
8 FEE TOGETHER WITH THE RIGHT AND USE OF SAID ALLEY IN COMMON WITH
9 THE OWNERS OF OTHER LANDS ABUTTING THEREON.
10 THE ABOVE DESCRIBED TRACT BEING THE WHOLE, OR PART OF, THE
11 SITE OF CHESTER ARMORY.
12 BEING THE SAME PREMISES WHICH THE COMMONWEALTH OF
13 PENNSYLVANIA, ACTING BY AND THROUGH THE DEPARTMENT OF PROPERTY
14 AND SUPPLIES, BY ITS DEED BEARING DATE MARCH 16, 1907, AND
15 RECORDED IN THE OFFICE FOR RECORDING OF DEEDS IN AND FOR
16 DELAWARE COUNTY, PENNSYLVANIA IN DEED BOOK P NO. 12, PAGE 270,
17 GRANTED CONVEYED AND CONFIRMED UNTO THE GENERAL STATE AUTHORITY
18 (FIRST PARTY HERETO), ITS SUCCESSORS AND ASSIGNS.
19 THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT, NEVERTHELESS,
20 TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING,
21 BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY
22 TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE
23 COMPANIES, AS WELL AS UNDER AND SUBJECT, NEVERTHELESS, TO ANY
24 ESTATE OR TENANCIES VESTED IN THIRD PERSONS, WHETHER OR NOT
25 APPEARING OF RECORD, FOR ANY PORTION OF THE SAID LAND OR
26 IMPROVEMENTS ERECTED THEREON.
27 THE CONVEYANCE SHALL ALSO BE MADE UNDER AND SUBJECT TO ANY
28 RESERVATIONS SET FORTH IN THE AFOREMENTIONED DEEDS TO THE
29 COMMONWEALTH OF PENNSYLVANIA.
30 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
19890S0895B2614 - 13 -
1 LAW AND SHALL BE EXECUTED BY THE ADJUTANT GENERAL FOR THE STATE
2 ARMORY BOARD OF THE DEPARTMENT OF MILITARY AFFAIRS AND THE
3 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
4 PENNSYLVANIA.
5 (C) ALL MONEYS RECEIVED FROM THE SALE OF THE LAND AND ARMORY
6 HEREIN AUTHORIZED TO BE CONVEYED SHALL BE DEPOSITED IN THE STATE
7 TREASURY ARMORY FUND.
8 Section 7 6. This act shall take effect immediately. <--
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