HOUSE AMENDED
PRIOR PRINTER'S NOS. 1024, 1703, 2614 PRINTER'S NO. 2628
No. 895 Session of 1989
INTRODUCED BY LEMMOND, MAY 8, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 20, 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 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
22 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
23 EDUCATION, TO LEASE TO TEMPLE UNIVERSITY A TRACT OF LAND WITH
24 IMPROVEMENTS THEREON IN THE CITY OF PHILADELPHIA,
25 PENNSYLVANIA; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF <--
26 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
27 SECRETARY OF ENVIRONMENTAL RESOURCES, TO CONVEY TO PAVIA
28 CEMETERY ASSOCIATION A CERTAIN TRACT OF LAND SITUATE IN UNION
29 TOWNSHIP, BEDFORD COUNTY, IN EXCHANGE FOR A CERTAIN TRACT OF
30 LAND.
31 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 SECTION 1. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
3 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF CORRECTIONS, IS
4 HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
5 PENNSYLVANIA TO GRANT AND CONVEY TO THE BOROUGH OF HUNTINGDON,
6 FOR A CONSIDERATION OF ONE DOLLAR, THE FOLLOWING LAND AND RIGHTS
7 THEREIN SITUATE IN THE BOROUGH OF HUNTINGDON, HUNTINGDON COUNTY,
8 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
9 ITEM NO. 1
10 ALL THAT PARCEL OF LAND SITUATE IN THE BOROUGH OF HUNTINGDON,
11 COUNTY OF HUNTINGDON AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED
12 AND DESCRIBED AS FOLLOWS, VIZ:
13 BEGINNING AT A POINT MARKED BY AN IRON PIN AT THE
14 NORTHEASTERLY CORNER OF LAND NOW OR FORMERLY OF REX MCMICKENS ON
15 THE WESTERLY SIDE OF THE RAILROAD OF PENN CENTRAL TRANSPORTATION
16 COMPANY KNOWN AS THE MAIN LINE IN THE VICINITY OF SAID
17 TRANSPORTATION COMPANY'S MILE POST 203, SAID BEGINNING POINT
18 BEING IN THE WESTERLY LINE OF THE FORMER PENNSYLVANIA CANAL
19 LANDS APPROXIMATELY 1405 FEET NORTH OF THE NORTHERLY LINE OF 8TH
20 STREET AS MEASURED ALONG SAID WESTERLY LINE OF FORMER CANAL
21 LANDS;
22 EXTENDING FROM SAID BEGINNING POINT THE FOLLOWING TEN COURSES
23 AND DISTANCES, THE FIRST SEVEN THEREOF BEING BY REMAINING LAND
24 OF SAID TRANSPORTATION COMPANY: (1) NORTH 0 DEGREES 35 MINUTES
25 WEST 31.0 FEET TO AN IRON PIN DISTANT 58 FEET WESTWARDLY, AT
26 RIGHT ANGLES, FROM THE CENTER LINE OF THE EASTBOUND MAIN TRACK
27 OF RAILROAD OF SAID TRANSPORTATION COMPANY; (2) SOUTH 75 DEGREES
28 40 MINUTES WEST 92.0 FEET TO AN IRON PIN DISTANT 150 FEET
29 WESTWARDLY, AT RIGHT ANGLES, FROM SAID CENTER LINE OF EASTBOUND
30 MAIN TRACK; (3) NORTH 14 DEGREES 15 MINUTES WEST, PARALLEL WITH
19890S0895B2628 - 2 -
1 SAID CENTER LINE OF EASTBOUND MAIN TRACK, 1508.0 FEET TO AN IRON
2 PIN; (4) NORTH 75 DEGREES 40 MINUTES EAST 113.0 FEET TO AN IRON
3 PIN DISTANT 37 FEET WESTWARDLY, AT RIGHT ANGLES, FROM SAID
4 CENTER LINE OF EASTBOUND MAIN TRACK; (5) NORTH 14 DEGREES 15
5 MINUTES WEST, PARALLEL WITH SAID CENTER LINE OF EASTBOUND MAIN
6 TRACK, 1106.0 FEET TO AN IRON PIN; (6) SOUTH 75 DEGREES 40
7 MINUTES WEST 78.0 FEET TO AN IRON PIN; AND (7) CONTINUING SOUTH
8 75 DEGREES 40 MINUTES WEST 10 FEET, MORE OR LESS TO THE EAST
9 BANK OF THE JUNIATA RIVER; THENCE (8) SOUTHWARDLY, ALONG SAID
10 EAST BANK OF RIVER, 2775 FEET, MORE OR LESS, TO THE NORTHERLY
11 LINE OF SAID LAND NOW OR FORMERLY OF REX MCMICKENS; THENCE (9)
12 NORTH 75 DEGREES 40 MINUTES EAST ALONG SAID NORTHERLY LINE OF
13 THE LAST MENTIONED LAND, 20 FEET MORE OR LESS TO AN IRON PIN,
14 WHICH LAST MENTIONED IRON PIN IS LOCATED THE FOLLOWING TWELVE
15 COURSES AND DISTANCES FROM THE IRON PIN AT THE END OF COURSE
16 NUMBER 6 HEREIN; (A) SOUTH 7 DEGREES 29 MINUTES WEST 160.3 FEET
17 TO AN IRON PIN; (B) SOUTH 10 DEGREES 6 MINUTES WEST 249.4 FEET
18 TO AN IRON PIN; (C) SOUTH 5 DEGREES 43 MINUTES EAST 211.2 FEET
19 TO AN IRON PIN; (D) SOUTH 22 DEGREES 45 MINUTES EAST 118.0 FEET
20 TO AN IRON PIN; (E) SOUTH 9 DEGREES 38 MINUTES EAST 198.2 FEET
21 TO AN IRON PIN; (F) SOUTH 15 DEGREES 45 MINUTES EAST 160.3 FEET
22 TO AN IRON PIN; (G) SOUTH 11 DEGREES 46 MINUTES EAST 318.2 FEET
23 TO AN IRON PIN; (H) SOUTH 12 DEGREES 54 MINUTES EAST 442.9 FEET
24 TO AN IRON PIN; (I) SOUTH 1 DEGREE 4 MINUTES WEST 299.4 FEET TO
25 AN IRON PIN; (J) SOUTH 12 DEGREES 4 MINUTES EAST 194.3 FEET TO
26 AN IRON PIN; (K) SOUTH 19 DEGREES 5 MINUTES EAST 160.0 FEET TO
27 AN IRON PIN; AND (L) SOUTH 40 DEGREES 1 MINUTE EAST 202.0 FEET;
28 AND THENCE (10) CONTINUING NORTH 75 DEGREES 40 MINUTES EAST
29 ALONG SAID NORTHERLY LINE OF LAND NOW OR FORMERLY OF REX
30 MCMICKENS, 247.5 FEET TO THE PLACE OF BEGINNING CONTAINING 14.15
19890S0895B2628 - 3 -
1 ACRES MORE OR LESS.
2 ITEM NO. 2
3 ALL THE RIGHT, TITLE AND INTEREST OF THE COMMONWEALTH, IN AND
4 TO THE MUDS, AND LAND UNDER THE WATERS OF THE JUNIATA RIVER
5 BOUNDING THE HEREINBEFORE DESCRIBED ON THE WEST AS FAR INTO THE
6 SAID RIVER AS SUCH RIGHT, TITLE AND INTEREST EXTENDS OR SHOULD
7 EXTEND BY LAW OR CUSTOM AND ALL RIPARIAN RIGHTS APPERTAINING
8 THERETO.
9 ITEM NO. 3
10 ALL THE RIGHTS OF THE COMMONWEALTH, IN THE 20 FEET WIDE
11 ACCESS ROADWAY TO THE LAND DESCRIBED IN ITEM NO. 1 ABOVE, THE
12 BASE LINE OF WHICH IS DESCRIBED AS FOLLOWS:
13 BEGINNING AT THE SAME BEGINNING POINT ESTABLISHED AT THE
14 BEGINNING POINT IN THE PARCEL OF LAND CONTAINING 14.15 ACRES,
15 MORE OR LESS, HEREINBEFORE DESCRIBED, SAID BEGINNING POINT BEING
16 IN THE GENERAL EASTERLY LINE OF AN EXISTING ROADWAY AS DEPICTED
17 ON A PLAN OF SURVEY MADE BY PAUL J. LOGUE, REGISTERED
18 PROFESSIONAL ENGINEER NO. 7994E, DATED NOVEMBER 1972;
19 EXTENDING FROM SAID BEGINNING POINT THE FOLLOWING SIX COURSES
20 AND DISTANCES ALONG SAID BASE LINE; (1) SOUTH 18 DEGREES 20
21 MINUTES EAST 86.5 FEET TO AN IRON PIN DISTANT 15 FEET WEST OF
22 THE EAST LINE OF SAID ROADWAY AND 5 FEET EAST OF THE WEST LINE
23 OF SAID ROADWAY; (2) SOUTH 4 DEGREES 28 MINUTES WEST 248.7 FEET
24 TO AN IRON PIN DISTANT 10 FEET WEST OF THE EAST LINE OF SAID
25 ROADWAY AND 10 FEET EAST OF THE WEST LINE OF SAID ROADWAY; (3)
26 SOUTH 6 DEGREES 20 MINUTES EAST 299.5 FEET TO AN IRON PIN
27 DISTANT 5 FEET WEST OF THE EAST LINE OF SAID ROADWAY AND 15 FEET
28 EAST OF THE WEST LINE OF SAID ROADWAY; (4) SOUTH 19 DEGREES 32
29 MINUTES EAST 199.3 FEET TO AN IRON PIN DISTANT 5 FEET WEST OF
30 THE EAST LINE OF SAID ROADWAY AND 15 FEET EAST OF THE WEST LINE
19890S0895B2628 - 4 -
1 OF SAID ROADWAY; (5) SOUTH 32 DEGREES 21 MINUTES EAST 99.7 FEET
2 TO AN IRON PIN; AND (6) SOUTH 35 DEGREES 23 MINUTES EAST 269.6
3 FEET TO AN IRON PIN IN THE PROLONGATION WESTWARDLY OF THE FIRST
4 STREET NORTH OF 8TH STREET, THE POINT OF ENDING FOR THE PARCEL
5 OF LAND BEING DESCRIBED.
6 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
7 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
8 IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
9 (C) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
10 BORNE BY THE GRANTEE.
11 Section 1 2. (A) The Department of Transportation, with the <--
12 approval of the Governor, is hereby authorized and directed, on
13 behalf of the Commonwealth of Pennsylvania, to grant and convey
14 to Bernard C. Banks, Jr., for fair market value as determined by
15 an independent appraiser approved by the Department of
16 Transportation, the following tract of land situate in Kingston
17 Township, Luzerne County, Pennsylvania, bounded and described as
18 follows:
19 Beginning at an iron pin corner on the westerly side of
20 Pennsylvania Department of Transportation State Route 1036, said
21 corner being 50 feet westerly from the construction centerline
22 Station 58+85.00 and shown as corner A-1 on map of property plat
23 of the Pennsylvania Department of Transportation, thence along
24 the right-of-way line of said State route as shown on said map
25 north 31 degrees 31 minutes 23 seconds east a distance of 253.31
26 feet to an iron pin corner, thence along the division line of
27 land of the Pennsylvania Department of Transportation and land
28 of L. B. Sharpe et ux., north 70 degrees 22 minutes 52 seconds
29 west a distance of 141.45 feet to an iron pin corner, thence
30 along the right-of-way line of Old Carverton Road on a curve to
19890S0895B2628 - 5 -
1 the left with a radius of 794.02 feet the following bearings and
2 chord distances; (1) south 16 degrees 28 minutes 49 seconds west
3 a distance of 20.11 feet to a wood stake corner; (2) south 15
4 degrees 34 minutes 05 seconds west a distance of 25 feet to a
5 wood stake corner; (3) south 14 degrees 38 minutes 56 seconds
6 west a distance of 25 feet to a wood stake corner; (4) south 12
7 degrees 00 minutes 47 seconds west a distance of 25 feet to a
8 wood stake corner; (5) south 10 degrees 12 minutes 28 seconds
9 west a distance of 25.10 feet to a wood stake corner; (6) south
10 09 degrees 40 minutes 17 seconds west a distance of 25 feet to a
11 wood stake corner; (7) south 08 degrees 58 minutes 21 seconds
12 west a distance of 25 feet to an iron pin corner, thence along
13 said right-of-way line south 07 degrees 00 minutes 40 seconds
14 west a distance of 69.14 feet to an iron pin corner. Thence
15 along the right-of-way line of a road approach south 57 degrees
16 50 minutes 17 seconds east a distance of 54.01 feet to an iron
17 pin corner, the place of beginning containing 0.56 acres, more
18 or less. Comprising a parcel of land being bounded on the north
19 by land of L. B. Sharpe et ux., on the east by State Route 1036,
20 on the south by road approach and on the west by Old Carverton
21 Road. Being a portion of lots 135, 136 and 137, section 1,
22 Meadow-Crest Division, Kingston Township, Pennsylvania.
23 Excepting on this parcel of land an Agreement No. 54710 dated
24 July 30, 1975, between Pennsylvania Department of Transportation
25 and the Meadow Crest Water Company providing for the relocation
26 of water facilities to accommodate Legislative Route 40124,
27 section 2.
28 Section 2. (B) The conveyance shall be made under and <--
29 subject to all easements, servitudes and rights of others,
30 including, but not confined to, streets, roadways and rights of
19890S0895B2628 - 6 -
1 telephone, telegraph, water, electric, sewer, gas or pipeline
2 companies, as well as under and subject to any interest, estates
3 or tenancies vested in third persons, whether or not appearing
4 of record, for any portion of the land or improvements erected
5 thereon.
6 Section 3. (C) The deed of conveyance shall contain <--
7 conditions that no building may be done upon the land and the
8 land must be preserved in its natural condition or that the land
9 will revert to the Commonwealth.
10 Section 4. (D) The deed of conveyance shall be approved as <--
11 provided by law and shall be executed by the Secretary of
12 Transportation in the name of the Commonwealth of Pennsylvania.
13 Section 5. (E) Costs and fees incidental to this conveyance <--
14 shall be borne by the grantee.
15 Section 6. (F) Moneys received from the conveyance shall be <--
16 deposited in the Motor License Fund.
17 SECTION 3. (A) THE DEPARTMENT OF TRANSPORTATION, WITH THE <--
18 APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED, ON
19 BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, TO GRANT AND CONVEY
20 TO FRANK JEROME, FOR THE SUM OF $1 AND OTHER GOOD AND VALUABLE
21 CONSIDERATION APPROVED BY THE DEPARTMENT OF TRANSPORTATION, AN
22 EASEMENT OVER THE FOLLOWING CERTAIN TRACT OR PARCEL OF LAND TO
23 ENCOMPASS A 10-FOOT GAS LINE EASEMENT SITUATE IN INDIANA
24 TOWNSHIP, ALLEGHENY COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED
25 AS FOLLOWS:
26 THE POINT OF BEGINNING BEING SOUTH 87 DEGREES 53 MINUTES 51
27 SECONDS WEST A DISTANCE OF 723.78 FEET FROM THE NORTHWESTERLY
28 CORNER OF PROPERTY NOW OR FORMERLY OF CARL DESANTIS, ET UX, AND
29 ON EASTERLY PROPERTY LINE OF JOHN J. HARMON, ET UX, NOW OR
30 FORMERLY AND BEING THE SOUTHWEST CORNER OF PROPERTY HELD BY THE
19890S0895B2628 - 7 -
1 COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG 10-FOOT GAS LINE
2 EASEMENT BY THE FOLLOWING COURSES AND DISTANCES: NORTH 13
3 DEGREES 46 MINUTES 05.5 SECONDS EAST FOR A DISTANCE OF 63.64
4 FEET; THENCE NORTH 68 DEGREES 14 MINUTES 07.7 SECONDS EAST 30.82
5 FEET; SOUTH 83 DEGREES 17 MINUTES 32.1 SECONDS EAST 78.02 FEET;
6 NORTH 48 DEGREES 46 MINUTES 55.4 SECONDS EAST 201.66 FEET; NORTH
7 68 DEGREES 09 MINUTES 11.3 SECONDS EAST 25.01 FEET; NORTH 85
8 DEGREES 56 MINUTES 49.4 SECONDS EAST 29.87 FEET; SOUTH 83
9 DEGREES 45 MINUTES 55 SECONDS EAST 28.03 FEET; SOUTH 81 DEGREES
10 36 MINUTES 11.9 SECONDS EAST 19.48 FEET; SOUTH 72 DEGREES 32
11 MINUTES 54.9 SECONDS EAST 26.51 FEET; NORTH 70 DEGREES 08
12 MINUTES 54 SECONDS EAST 195.92 FEET; NORTH 58 DEGREES 23 MINUTES
13 10.8 SECONDS EAST 434.64 FEET; NORTH 43 DEGREES 07 MINUTES 07.2
14 SECONDS EAST 22.46 FEET; THENCE NORTH 67 DEGREES 51 MINUTES 27.8
15 SECONDS EAST FOR A DISTANCE OF 90.17 FEET TO EASTERLY PROPERTY
16 LINE OF THE COMMONWEALTH OF PENNSYLVANIA PROPERTY AND WESTERLY
17 LINE OF EXISTING EASEMENT PER DEED BOOK, VOLUME 5598, PAGE 148,
18 DATED FEBRUARY 5, 1976; THENCE BY THE FOLLOWING COURSES AND
19 DISTANCES: NORTH 67 DEGREES 51 MINUTES 27.8 SECONDS EAST 37.87
20 FEET; SOUTH 82 DEGREES 10 MINUTES 13.3 SECONDS EAST 27.09 FEET;
21 SOUTH 77 DEGREES 19 MINUTES 46.3 SECONDS EAST 21.19 FEET; NORTH
22 54 DEGREES 29 MINUTES 05.2 SECONDS EAST 14.57 FEET; NORTH 52
23 DEGREES 51 MINUTES 31.4 SECONDS EAST FOR A DISTANCE OF 18.72
24 FEET TO A POINT BEING THE NORTHERLY LINE OF EXISTING EASEMENT
25 AND NORTHEASTERLY CORNER 10-FOOT GAS LINE EASEMENT; THENCE ALONG
26 EXISTING NORTHERLY EASEMENT LINE FOR AN ARC DISTANCE OF 11.37
27 FEET HAVING A RADIUS OF 266.01 TO SOUTHEASTERLY CORNER OF 10-
28 FOOT GAS LINE EASEMENT; THENCE ALONG THE SOUTHERLY LINE OF 10-
29 FOOT GAS LINE EASEMENT THE FOLLOWING COURSES AND DISTANCES:
30 SOUTH 52 DEGREES 51 MINUTES 31.4 SECONDS WEST 24.27 FEET; SOUTH
19890S0895B2628 - 8 -
1 54 DEGREES 29 MINUTES 05.2 SECONDS WEST 19.19 FEET; NORTH 77
2 DEGREES 19 MINUTES 46.3 SECONDS WEST 25.23 FEET; NORTH 82
3 DEGREES 10 MINUTES 13.3 SECONDS WEST 23.99 FEET, THENCE SOUTH 67
4 DEGREES 51 MINUTES 27.8 SECONDS WEST FOR A DISTANCE OF 45.23
5 FEET TO A POINT ON EASTERLY PROPERTY LINE OF PROPERTY HELD BY
6 THE COMMONWEALTH OF PENNSYLVANIA AND WESTERLY LINE OF EXISTING
7 EASEMENT; THENCE ALONG THE SOUTHERLY LINE OF 10-FOOT GAS LINE
8 EASEMENT THROUGH COMMONWEALTH OF PENNSYLVANIA PROPERTY THE
9 FOLLOWING COURSES AND DISTANCES: SOUTH 67 DEGREES 51 MINUTES
10 27.8 SECONDS WEST 77.93 FEET; SOUTH 43 DEGREES 07 MINUTES 07.2
11 SECONDS WEST 21.60 FEET; SOUTH 58 DEGREES 23 MINUTES 10.8
12 SECONDS WEST 437.01 FEET; SOUTH 70 DEGREES 08 MINUTES 54 SECONDS
13 WEST 200.32 FEET; NORTH 72 DEGREES 32 MINUTES 54.9 SECONDS WEST
14 29.09 FEET; NORTH 81 DEGREES 36 MINUTES 11.9 SECONDS WEST 18.50
15 FEET; NORTH 83 DEGREES 45 MINUTES 55 SECONDS WEST 26.95 FEET;
16 SOUTH 85 DEGREES 56 MINUTES 49.4 SECONDS WEST 27.41 FEET; THENCE
17 SOUTH 68 DEGREES 09 MINUTES 11.3 SECONDS WEST 21.73 FEET; SOUTH
18 48 DEGREES 46 MINUTES 55.4 SECONDS WEST 204.40 FEET; NORTH 83
19 DEGREES 17 MINUTES 32.1 SECONDS WEST 79.92 FEET; SOUTH 68
20 DEGREES 14 MINUTES 07.7 SECONDS WEST 23.19 FEET; THENCE SOUTH 13
21 DEGREES 46 MINUTES 05.5 SECONDS WEST FOR A DISTANCE OF 55.66
22 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE OF PROPERTY HELD
23 BY THE COMMONWEALTH OF PENNSYLVANIA AND ON THE NORTHERLY
24 PROPERTY LINE NOW OR FORMERLY OF CARL DESANTIS, ET UX, THENCE
25 ALONG COMMON PROPERTY LINE OF CARL DESANTIS AND THE COMMONWEALTH
26 OF PENNSYLVANIA SOUTH 87 DEGREES 53 MINUTES 51 SECONDS WEST FOR
27 A DISTANCE OF 10.40 FEET TO THE POINT OF BEGINNING. CONTAINING
28 0.3130 ACRES.
29 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
30 OTHER EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT
19890S0895B2628 - 9 -
1 NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
2 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
3 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
4 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
5 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
6 (C) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
7 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF TRANSPORTATION IN
8 THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
9 (D) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
10 BORNE BY THE GRANTEE.
11 (E) MONEYS RECEIVED FROM THE CONVEYANCE SHALL BE DEPOSITED
12 IN THE MOTOR LICENSE FUND.
13 SECTION 4. (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 THE MIDDLETOWN FIRE DEPARTMENT FOR ONE-HALF THE FAIR MARKET
17 VALUE AS DETERMINED BY AN INDEPENDENT APPRAISER APPROVED BY THE
18 DEPARTMENT OF TRANSPORTATION, THE FOLLOWING TRACT OF LAND
19 SITUATE IN MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA,
20 BOUNDED AND DESCRIBED AS FOLLOWS:
21 BEGINNING AT A POINT AT THE CORNERS OF TWO PROPERTIES, SAID
22 PROPERTIES BEING OWNED BY THE PENNSYLVANIA DEPARTMENT OF
23 TRANSPORTATION AND S.A.B. ENGINEERING AND CONSTRUCTION, INC.
24 (FORMERLY THE ROOSEVELT SCHOOL); THENCE ALONG THE COMMON
25 PROPERTY LINE OF THE ABOVE STATED PROPERTIES THE FOLLOWING TWO
26 COURSES AND DISTANCES, SOUTH 34 DEGREES 06 MINUTES EAST 163.95
27 FEET, AND SOUTH 49 DEGREES 30 MINUTES WEST 432.75 FEET; THENCE
28 IN A NORTHWESTERLY DIRECTION FOLLOWING THE LEGAL RIGHT-OF-WAY
29 LINE OF NEW MIDDLETOWN ROAD (S.R.352) PARALLEL TO AND 70 FEET
30 EAST OF THE CENTERLINE ALONG AN ARC CURVING TO THE LEFT HAVING A
19890S0895B2628 - 10 -
1 RADIUS OF 2934.93 FEET A DISTANCE OF 91.17 FEET TO A POINT;
2 THENCE ALONG SAID LEGAL RIGHT-OF-WAY LINE NORTH 74 DEGREES 28
3 MINUTES 08 SECONDS EAST 20.00 FEET TO A POINT; THENCE IN A
4 NORTHWESTERLY DIRECTION FOLLOWING THE LEGAL RIGHT-OF-WAY LINE OF
5 NEW MIDDLETOWN ROAD (S.R.352) PARALLEL TO AND 90 FEET EAST OF
6 THE CENTERLINE ALONG AN ARC CURVING TO THE LEFT HAVING A RADIUS
7 OF 2954.93 FEET A DISTANCE OF 120.16 FEET TO A POINT, SAID POINT
8 BEING 15 FEET SOUTH OF THE CENTERLINE OF AN ACCESS ROAD (BACK
9 ENTRANCE) TO THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
10 BORTENDALE MAINTENANCE YARD; THENCE NORTH 48 DEGREES 17 MINUTES
11 31 SECONDS EAST 15 FEET SOUTH OF AND PARALLEL TO SAID ACCESS
12 ROAD 349.74 FEET TO A POINT; THENCE ALONG SAID PENNSYLVANIA
13 DEPARTMENT OF TRANSPORTATION LAND SOUTH 34 DEGREES 06 MINUTES
14 EAST 25.67 FEET TO THE FIRST MENTIONED POINT AND PLACE OF
15 BEGINNING.
16 CONTAINING 1.640 ACRES MORE OR LESS.
17 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
18 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
19 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF TELEPHONE,
20 TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
21 WELL AS UNDER AND SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
22 VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
23 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
24 (C) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
25 LAW AND SHALL BE EXECUTED BY THE SECRETARY OF TRANSPORTATION IN
26 THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
27 (D) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
28 BORNE BY THE GRANTEE.
29 (E) MONEYS RECEIVED FROM THE CONVEYANCE SHALL BE DEPOSITED
30 IN THE MOTOR LICENSE FUND.
19890S0895B2628 - 11 -
1 SECTION 5. (A) THE STATE ARMORY BOARD OF THE DEPARTMENT OF
2 MILITARY AFFAIRS HAVING DETERMINED IN ACCORDANCE WITH 51 PA.C.S.
3 § 1507 (RELATING TO SALE OF UNUSABLE ARMORIES AND LAND), THAT
4 CHESTER ARMORY AND THE REAL ESTATE TO WHICH IT IS APPURTENANT
5 ARE NO LONGER SUITABLE FOR MILITARY SERVICES DUE TO CHANGES IN
6 THE NEEDS OF THE MILITARY SERVICE, IT AND THE DEPARTMENT OF
7 GENERAL SERVICES WITH THE APPROVAL OF THE GOVERNOR, ARE HEREBY
8 AUTHORIZED TO SELL AND CONVEY, BY GENERAL WARRANTY DEED, ACTING
9 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA, FOR A
10 CONSIDERATION OF $82,500, WHICH CONSIDERATION IS HEREBY
11 DETERMINED TO BE THE FAIR MARKET VALUE OF THE REAL ESTATE AND
12 STRUCTURES HEREINAFTER DESCRIBED, TO THE HIGHEST RESPONSIBLE
13 BIDDER, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, TITLE AND
14 INTEREST OF THE COMMONWEALTH IN A TRACT OF LAND, AND THE ARMORY
15 BUILDING KNOWN AS CHESTER ARMORY, APPURTENANT THERETO, IN THE
16 CITY OF CHESTER, DELAWARE COUNTY, COMMONWEALTH OF PENNSYLVANIA,
17 CONTAINING APPROXIMATELY 16,000 SQUARE FEET WITH AN ARMORY
18 BUILDING THEREON ERECTED, MORE PARTICULARLY DESCRIBED AS
19 FOLLOWS:
20 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE CITY
21 OF CHESTER AFORESAID, DESCRIBED ACCORDING TO A SURVEY THEREOF
22 MADE BY B. G. LADOMUS, CITY ENGINEER, ON THE THIRTEENTH DAY OF
23 NOVEMBER A.D. 1906, AS FOLLOWS, TO WIT:
24 SITUATE ON THE SOUTHWEST CORNER OF EIGHTH STREET (SIXTY FEET
25 WIDE) AND MARKET STREET (FIFTY FEET WIDE) CONTAINING IN FRONT OR
26 BREADTH ON THE SAID EIGHTH STREET ONE HUNDRED AND SIXTY (160)
27 FEET AND EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH SOUTHWARD
28 BETWEEN LINES AT RIGHT ANGLES TO THE SAID EIGHTH STREET, AND
29 ALONG THE WEST SIDE OF SAID MARKET STREET ONE HUNDRED (100) FEET
30 TO A CERTAIN TWENTY (20) FEET WIDE ALLEY LEADING EASTWARD INTO
19890S0895B2628 - 12 -
1 THE SAID MARKET STREET (THE SMALLER PART OF THE LOT OF GROUND)
2 ABOVE DESCRIBED (BEING PART OF A LARGE LOT OR PIECE OF GROUND)
3 WHICH JOHN D. LEAR BY INDENTURE DATED THE FOURTH DAY OF
4 SEPTEMBER A.D. 1906 AND RECORDED IN THE OFFICE FOR RECORDING OF
5 DEEDS IN AND FOR THE COUNTY OF DELAWARE AFORESAID IN DEED BOOK
6 L. NO. 12 PAGE 52400 GRANTED AND CONVEYED UNTO THE SAID J. IRVIN
7 TAYLOR IN FEE. SUBJECT TO THE PAYMENT OF A CERTAIN MORTGAGE FOR
8 TWO THOUSAND DOLLARS THEREIN MENTIONED WHICH HAS SINCE BEEN
9 FULLY PAID OFF AND SATISFIED OF INDENTURE DATED THE TWENTY-
10 EIGHTH DAY OF DECEMBER A.D. 1906 AND INTENDED TO BE FORTHWITH
11 RECORDED, GRANTED AND CONVEYED UNTO THE SAID J. IRVIN TAYLOR IN
12 FEE TOGETHER WITH THE RIGHT AND USE OF SAID ALLEY IN COMMON WITH
13 THE OWNERS OF OTHER LANDS ABUTTING THEREON.
14 THE ABOVE DESCRIBED TRACT BEING THE WHOLE, OR PART OF, THE
15 SITE OF CHESTER ARMORY.
16 BEING THE SAME PREMISES WHICH THE COMMONWEALTH OF
17 PENNSYLVANIA, ACTING BY AND THROUGH THE DEPARTMENT OF PROPERTY
18 AND SUPPLIES, BY ITS DEED BEARING DATE MARCH 16, 1907, AND
19 RECORDED IN THE OFFICE FOR RECORDING OF DEEDS IN AND FOR
20 DELAWARE COUNTY, PENNSYLVANIA IN DEED BOOK P NO. 12, PAGE 270,
21 GRANTED CONVEYED AND CONFIRMED UNTO THE GENERAL STATE AUTHORITY
22 (FIRST PARTY HERETO), ITS SUCCESSORS AND ASSIGNS.
23 THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT, NEVERTHELESS,
24 TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING,
25 BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY
26 TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE
27 COMPANIES, AS WELL AS UNDER AND SUBJECT, NEVERTHELESS, TO ANY
28 ESTATE OR TENANCIES VESTED IN THIRD PERSONS, WHETHER OR NOT
29 APPEARING OF RECORD, FOR ANY PORTION OF THE SAID LAND OR
30 IMPROVEMENTS ERECTED THEREON.
19890S0895B2628 - 13 -
1 THE CONVEYANCE SHALL ALSO BE MADE UNDER AND SUBJECT TO ANY
2 RESERVATIONS SET FORTH IN THE AFOREMENTIONED DEEDS TO THE
3 COMMONWEALTH OF PENNSYLVANIA.
4 (B) THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
5 LAW AND SHALL BE EXECUTED BY THE ADJUTANT GENERAL FOR THE STATE
6 ARMORY BOARD OF THE DEPARTMENT OF MILITARY AFFAIRS AND THE
7 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
8 PENNSYLVANIA.
9 (C) ALL MONEYS RECEIVED FROM THE SALE OF THE LAND AND ARMORY
10 HEREIN AUTHORIZED TO BE CONVEYED SHALL BE DEPOSITED IN THE STATE
11 TREASURY ARMORY FUND.
12 SECTION 6. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
13 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF EDUCATION, IS
14 HEREBY AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH OF
15 PENNSYLVANIA, TO LEASE TO TEMPLE UNIVERSITY FOR A TERM OF 50
16 YEARS AND UPON SUCH TERMS AND CONDITIONS AS THE DEPARTMENT OF
17 GENERAL SERVICES SHALL PRESCRIBE, THE PROPERTY DESCRIBED
18 HEREINAFTER IN CONSIDERATION OF THE ASSURANCE BY TEMPLE
19 UNIVERSITY TO CONTINUE TO USE SUCH PROPERTY IN FURTHERANCE OF
20 ITS EDUCATIONAL MISSION, SPECIFICALLY FOR STUDENT HOUSING, SUCH
21 PROPERTY BEING THE TRACT OF LAND, WITH IMPROVEMENTS THEREON,
22 SITUATE IN THE CITY OF PHILADELPHIA AND BOUNDED AND DESCRIBED AS
23 FOLLOWS:
24 BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF BROAD
25 STREET, 113 FEET WIDE, WHICH POINT IS MEASURED NORTHEASTWARDLY
26 ALONG THE SAID NORTHWESTERLY SIDE OF BROAD STREET THE DISTANCE
27 OF 120 FEET MORE OR LESS FROM A POINT FORMED BY AN INTERSECTION
28 OF THE SAID NORTHWESTERLY SIDE OF BROAD STREET AND THE
29 NORTHEASTERLY SIDE OF DIAMOND STREET, 70 FEET WIDE; THENCE
30 EXTENDING FROM SAID POINT OF BEGINNING NORTHWESTWARDLY THE
19890S0895B2628 - 14 -
1 DISTANCE OF 138 FEET, 7 INCHES MORE OR LESS TO A POINT; THENCE
2 EXTENDING NORTHEASTWARDLY THE DISTANCE OF 2 1/4 INCHES MORE OR
3 LESS TO A POINT; THENCE EXTENDING NORTHWESTWARDLY THE DISTANCE
4 OF 61 FEET, 5 INCHES MORE OR LESS TO A POINT ON THE
5 SOUTHEASTERLY SIDE OF CARLISLE STREET, 40 FEET WIDE; THENCE
6 EXTENDING NORTHEASTWARDLY ALONG THE SOUTHEASTERLY SIDE OF
7 CARLISLE STREET THE DISTANCE OF 304 FEET, 9 3/4 INCHES MORE OR
8 LESS TO A POINT ON THE SOUTHWESTERLY SIDE OF A 3-FOOT WIDE
9 ALLEY, WHICH EXTENDS SOUTHEASTWARDLY COMMUNICATING WITH VARIOUS
10 WIDTH ALLEYS; THENCE EXTENDING SOUTHEASTWARDLY PARTLY ALONG THE
11 SOUTHWESTERLY SIDE AND THE SAID 3-FOOT WIDE ALLEY THE DISTANCE
12 OF 200 FEET MORE OR LESS TO A POINT OF THE SAID NORTHWESTERLY
13 SIDE OF BROAD STREET THE DISTANCE OF 305 FEET MORE OR LESS TO A
14 POINT, BEING THE FIRST MENTIONED POINT AND PLACE OF BEGINNING.
15 (B) THE INSTRUMENT OF LEASE SHALL CONTAIN A CLAUSE THAT THE
16 PROPERTY LEASED THEREUNDER SHALL BE USED BY TEMPLE UNIVERSITY IN
17 FURTHERANCE OF ITS EDUCATIONAL MISSION, SPECIFICALLY FOR STUDENT
18 HOUSING, AND, IF AT ANY TIME TEMPLE UNIVERSITY CEASES TO USE
19 SUCH PROPERTY THEREFOR, THE LEASE SHALL IMMEDIATELY TERMINATE
20 AND FULL TITLE TO THE PROPERTY SHALL REVERT TO AND REVEST IN THE
21 COMMONWEALTH OF PENNSYLVANIA. THE INSTRUMENT OF LEASE SHALL BE
22 APPROVED AS PROVIDED BY LAW AND SHALL BE EXECUTED BY THE
23 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
24 PENNSYLVANIA. PRIOR TO EXECUTION OF THE AFOREMENTIONED PROPOSED
25 LEASE THERE SHALL BE A FIVE-YEAR OFFSITE COMMUNITY DEVELOPMENT
26 PLAN THAT SHALL BE AGREED UPON IN WRITING BETWEEN COMMUNITY
27 REPRESENTATIVES AND TEMPLE UNIVERSITY AFFECTING THE AREA BOUNDED
28 BY NORTH BROAD STREET, SUSQUEHANNA AVENUE, NORTH FIFTEENTH
29 STREET AND DIAMOND STREET, PURSUANT TO A MEMORANDUM OF
30 UNDERSTANDING DATED NOVEMBER 19, 1990.
19890S0895B2628 - 15 -
1 (C) ANY COSTS AND FEES INCIDENTAL TO THE INSTRUMENT OF LEASE
2 SHALL BE BORNE BY TEMPLE UNIVERSITY.
3 SECTION 7. (A) THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
4 APPROVAL OF THE GOVERNOR AND THE SECRETARY OF ENVIRONMENTAL
5 RESOURCES, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE
6 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE PAVIA
7 CEMETERY ASSOCIATION THE FOLLOWING TRACT OF LAND BOUNDED AND
8 DESCRIBED AS FOLLOWS:
9 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATED IN THE
10 TOWNSHIP OF UNION, COUNTY OF BEDFORD, COMMONWEALTH OF
11 PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS:
12 BEGINNING AT A CONCRETE MARKER A COMMON CORNER WITH THE PAVIA
13 CEMETERY ASSOCIATION, THENCE THROUGH THE LANDS OF THE GRANTOR,
14 NORTH 0 DEGREES 11 MINUTES 40 SECONDS WEST 430.46 FEET TO A
15 CONCRETE MARKER; THENCE THROUGH THE LANDS OF THE GRANTOR, SOUTH
16 86 DEGREES 41 MINUTES 40 SECONDS EAST 304.15 FEET TO A CONCRETE
17 MARKER; THENCE THROUGH THE LANDS OF THE GRANTOR, SOUTH 0 DEGREES
18 11 MINUTES 40 SECONDS EAST 430.46 FEET TO A CONCRETE MARKER;
19 THENCE WITH THE LANDS OF THE PAVIA CEMETERY ASSOCIATION NORTH 86
20 DEGREES 41 MINUTES 40 SECONDS WEST 304.15 FEET TO A CONCRETE
21 MARKER THE PLACE OF BEGINNING.
22 CONTAINING 3.00 ACRES AS SHOWN ON A DRAFT OF SURVEY BY DIEHL
23 & WHETSTONE.
24 BEING A PORTION OF PARCEL 11 AS CONTAINED IN THE DEED FROM
25 THE UNITED STATES OF AMERICA TO THE COMMONWEALTH OF PENNSYLVANIA
26 DATED SEPTEMBER 26, 1945 AND RECORDED IN BEDFORD COUNTY DEED
27 BOOK 239, PAGE 251.
28 (B) THE CONVEYANCE AUTHORIZED BY SUBSECTION (A) SHALL BE IN
29 EXCHANGE FOR THE CONVEYANCE BY PAVIA CEMETERY ASSOCIATION TO THE
30 COMMONWEALTH OF PENNSYLVANIA OF A TRACT OF LAND BOUNDED AND
19890S0895B2628 - 16 -
1 DESCRIBED AS FOLLOWS:
2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF
3 UNION, COUNTY OF BEDFORD, AND THE COMMONWEALTH OF PENNSYLVANIA,
4 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
5 BEGINNING AT A CORNER BEING THE SOUTHEAST CORNER OF THE WHOLE
6 TRACT; THENCE WITH THE LANDS OF WILLIAM SHAFFER NORTH 69 DEGREES
7 13 MINUTES WEST 252.08 FEET TO A CONCRETE MARKER ON THE EAST
8 BANK OF PAVIA RUN; THENCE WITH THE EAST BANK OF PAVIA RUN, NORTH
9 12 DEGREES 35 MINUTES WEST 76.35 FEET TO A CONCRETE MARKER ON
10 THE EAST BANK OF PAVIA RUN; THENCE WITH THE LANDS OF SHANNON
11 ICKES, SOUTH 82 DEGREES 13 MINUTES EAST 23.10 FEET TO AN APPLE
12 TREE; THENCE WITH THE LANDS OF SHANNON ICKES NORTH 12 DEGREES 57
13 MINUTES WEST 119.30 FEET TO A CONCRETE MARKER; THENCE WITH THE
14 LANDS OF SHANNON ICKES NORTH 15 DEGREES 17 MINUTES WEST 72.0
15 FEET TO A CONCRETE MARKER ON THE EAST BANK OF PAVIA RUN; THENCE
16 WITH THE LANDS OF SHANNON ICKES, NORTH 8 DEGREES 19 MINUTES WEST
17 82.22 FEET TO A CONCRETE MARKER; THENCE WITH THE LANDS OF
18 DOROTHY DIBERT, THE GRANTOR, SOUTH 78 DEGREES 52 MINUTES EAST
19 209.85 FEET TO A CONCRETE MARKER; THENCE WITH THE LANDS OF
20 DOROTHY DIBERT, NORTH 2 DEGREES 42 MINUTES EAST 209.33 FEET TO A
21 CONCRETE MARKER ON THE LANDS OF NORMAN CATHERS; THENCE WITH THE
22 LANDS OF NORMAN CATHERS AND BLUE KNOB STATE PARK, SOUTH 85
23 DEGREES 1 MINUTE EAST 178.71 FEET TO A CONCRETE MARKER; THENCE
24 WITH THE LANDS OF BLUE KNOB STATE PARK, SOUTH 10 DEGREES 25
25 MINUTES WEST 590.62 FEET TO A CONCRETE MARKER, THE PLACE OF
26 BEGINNING.
27 CONTAINING 3.15 ACRES AS SHOWN ON A DRAFT OF DIEHL &
28 WHETSTONE.
29 BEING PART OF A LARGER TRACT OF LAND THAT BECAME VESTED IN
30 DOROTHY DIBERT, BY DEED RECORDED IN BEDFORD COUNTY DEED BOOK
19890S0895B2628 - 17 -
1 298, PAGE 258.
2 (C) CONVEYANCE OF THE LAND DESCRIBED IN SUBSECTION (A) SHALL
3 BE MADE UNDER AND SUBJECT TO ALL EASEMENTS, SERVITUDES AND
4 RIGHTS OF OTHER, INCLUDING, BUT NOT CONFINED TO, STREETS,
5 ROADWAYS AND RIGHTS OF TELEPHONE, TELEGRAPH, WATER, ELECTRIC,
6 SEWER, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT
7 TO ANY INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS,
8 WHETHER OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND
9 OR IMPROVEMENTS ERECTED THEREON.
10 (D) THE DEED OF CONVEYANCE OF THE PROPERTY DESCRIBED IN
11 SUBSECTION (A) SHALL CONTAIN A CLAUSE THAT THE PROPERTY CONVEYED
12 SHALL BE USED FOR THE PURPOSE OF MAINTAINING A CEMETERY BY PAVIA
13 CEMETERY ASSOCIATION AND IF AT ANY TIME PAVIA CEMETERY
14 ASSOCIATION OR ITS SUCCESSOR IN FUNCTION CONVEYS THE PROPERTY OR
15 PERMITS THE PROPERTY TO BE USED FOR ANY PURPOSE OTHER THAN THE
16 PURPOSE SPECIFIED IN THIS SUBSECTION, THE TITLE TO THE PROPERTY
17 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
18 PENNSYLVANIA.
19 (E) THE DEED OF CONVEYANCE OF THE PROPERTY DESCRIBED IN
20 SUBSECTION (A) SHALL BE APPROVED AS PROVIDED BY LAW AND SHALL BE
21 EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
22 COMMONWEALTH OF PENNSYLVANIA.
23 (F) THE PARTIES TO THE TRANSACTION SHALL BEAR THEIR
24 RESPECTIVE COSTS.
25 Section 7 6 8. This act shall take effect immediately. <--
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