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        PRIOR PRINTER'S NO. 1491                      PRINTER'S NO. 1496

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1201 Session of 1997


        INTRODUCED BY JUBELIRER, NOVEMBER 21, 1997

        REFERRED TO STATE GOVERNMENT, NOVEMBER 21, 1997

                                     AN ACT

     1  Authorizing the Department of General Services, with the
     2     approval of the Governor, to sell and convey to Smithfield
     3     Township certain land situate in the Township of Smithfield,
     4     Huntingdon County.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Smithfield Township.
     8     (a)  Authorization.--The Department of General Services, with
     9  the approval of the Governor, is hereby authorized and directed
    10  on behalf of the Commonwealth of Pennsylvania to grant, sell and
    11  convey to Smithfield Township for fair consideration three
    12  tracts of land described in subsection (b).
    13     (b)  Property description.--The property to be conveyed
    14  pursuant to subsection (a) is comprised of the following tracts
    15  of land situate in Smithfield Township, Huntingdon County,
    16  bounded and described as follows:
    17  Tract No.1
    18     Beginning at the intersection of the southern right-of-way of

     1  new Route 22 and the northwest right-of-way of Route 26; thence
     2  along the northwest right-of-way of Route 26, S 69 degrees 06
     3  minutes W 840 feet to a point; continuing along said right-of-
     4  way, S 57 degrees 27 minutes W 480 feet to a point on said
     5  right-of-way. Thence N 70 degrees W 1920 feet to a point; thence
     6  N 21 degrees E 1233 feet to a point in the southern right-of-way
     7  of old State Highway (Route 22); thence along said right-of-way
     8  S 79 degrees 39 minutes E 614 feet to a point intersecting the
     9  south right-of-way of existing new Route 22, thence along said
    10  right-of-way; S 59 degrees 23 minutes E 2335 feet to a point in
    11  the northwest right-of-way of Route 26, Said Point of Beginning.
    12     Containing approximately 67.1 acres.
    13  Tract No.2
    14     Beginning at a point on the southeast right-of-way of Route
    15  26; said point being S 69 degrees 06 minutes W 950 feet from the
    16  southern right-of-way of Route 22; thence S 32 degrees 33
    17  minutes E 1033 feet to a point, thence S 57 degrees 27 minutes W
    18  1550 feet to a point, thence N 58 degrees 17 minutes W 1130 feet
    19  to a point in the southeast right-of-way of Route 26; thence
    20  along said right-of-way N 57 degrees 27 minutes E 2040 feet to
    21  Said Point of Beginning.
    22     Containing approximately 42.6 acres.
    23  Tract No.3
    24     Beginning at a point of the southern right-of-way of new
    25  Route 22; said point being S 59 degrees 23 minutes E 450 feet
    26  from the southeast right-of-way of Route 26; thence along said
    27  right-of-way S 59 degrees 23 minutes E 700 feet to a point,
    28  thence S 30 degrees 37 minutes W 580 feet to a point, thence N
    29  38 degrees W 740 feet to a point, thence N 30 degrees 37 minutes
    30  E 370 feet to a point in the southern right-of-way of new Route
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     1  22, Said Point of Beginning.
     2     Containing approximately 7.6 acres.
     3     The descriptions of the three tracts above are approximate
     4  and the description in the deed of conveyance may be adjusted
     5  slightly to reflect the results of a survey which shall be
     6  performed.
     7     (c)  Rights-of-way.--The conveyance shall be made under and
     8  subject to all easements, servitudes and rights of others,
     9  including, but not confined to, streets, roadways and rights of
    10  any telephone, telegraph, water, electric, sewer, gas or
    11  pipeline companies, as well as under and subject to any
    12  interest, estates or tenancies vested in third persons, whether
    13  or not appearing of record, for any portion of the land or
    14  improvements erected thereon.
    15     (d)  Deposit of proceeds.--The proceeds of this sale shall be
    16  paid into the State Treasury and deposited in the General Fund.
    17     (e)  Approval and execution of deed.--The deed of conveyance
    18  shall be approved as provided by law and shall be executed by
    19  the Secretary of General Services in the name of the
    20  Commonwealth of Pennsylvania.
    21     (f)  Costs and fees.--Costs and fees incidental to the
    22  conveyance shall be borne by the grantee.
    23     (g)  Other conditions of sale.--The conveyance shall be
    24  conditioned on the grantee's meeting and insuring that the
    25  requirements of the Commonwealth are met as described in the
    26  purchase agreement which shall include, but shall not be limited
    27  to, the following:
    28         (1)  Appropriate buffer zones, as determined in the
    29     Commonwealth's sole discretion, shall be maintained between
    30     the Department of Corrections' facilities and all surrounding
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     1     areas.
     2         (2)  The grantee and its successors shall take the
     3     necessary steps to preserve the present water sources
     4     utilized by the Department of Corrections' facilities keeping
     5     in mind that development cannot take precedence over the
     6     utility needs of these facilities. To that end, grantee shall
     7     take the appropriate steps and insure that no contamination
     8     of these water resources shall occur and if, despite the
     9     grantee's efforts, the water sources become contaminated, the
    10     grantee shall take the necessary steps to decontaminate the
    11     water sources and shall be responsible for all incidental and
    12     consequential costs that the Commonwealth may incur as a
    13     result of the contamination.
    14  Section 2.  Effective date.
    15     This act shall take effect immediately.










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