HOUSE AMENDED
PRIOR PRINTER'S NOS. 1720, 1878 PRINTER'S NO. 2034
No. 1330 Session of 2000
INTRODUCED BY BRIGHTBILL, MARCH 8, 2000
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2000
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to sell and convey to the
3 Wernersville Municipal Authority certain land situate on
4 Wernersville State Hospital, South Heidelburg Township, Berks
5 County.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. (a) Authorization.--The Department of General
9 Services, with the approval of the Governor, is hereby
10 authorized and directed on behalf of the Commonwealth of
11 Pennsylvania to grant and convey to the Wernersville Municipal
12 Authority the tract of land described in subsection (b), for
13 fair consideration based on a fair market value as determined by
14 an independent appraisal in accordance with the terms of a
15 certain lease agreement between Wernersville Municipal Authority
16 and the Commonwealth of Pennsylvania acting through the
17 Department of General Services, Commonwealth of Pennsylvania
18 dated the 14th day of May, 1999.
1 (b) Description.--The property to be conveyed pursuant to
2 subsection (a) is ALL THAT CERTAIN parcel or tract of land
3 situate at the southwestern corner of Hospital Lane and Furnace
4 Road in the Township of South Heidelberg, County of Berks,
5 Commonwealth of Pennsylvania, as shown on Drawing No. 5221-131-
6 C-011, dated October 11, 1999, prepared by Spotts, Stevens and
7 McCoy, Inc. Consulting Engineers of Reading, Pennsylvania, and
8 being more fully bounded and described as follows, to wit:
9 BEGINNING at a railroad spike found at or near the centerline
10 intersection of Hospital Lane and Furnace Road (T-382) and on
11 the northwestern line of property belonging to Kenneth A. Orr
12 and Polly Kahl; thence along said land and running partially
13 along the center on Furnace Road, South forty-two degrees forty-
14 two minutes sixteen seconds West (S. 42 degrees 42' 16" W.), a
15 distance of three hundred five and eighty hundredths feet
16 (305.80') to a steel pipe found; thence along property belonging
17 to Francis W. and Maebelle S. Ruth, South four degrees twenty-
18 three minutes zero seconds West (S. 04 degrees 23' 00" W.), a
19 distance of eighty-nine and thirty-two hundredths feet (89.32')
20 to a steel pin set; thence through property belonging to the
21 Commonwealth of Pennsylvania (Wernersville State Hospital),
22 grantor herein, the two (2) following bearings and distances,
23 viz: (1) passing through a steel pin set on line seventy-five
24 and zero hundredths feet (75.00') from the last described
25 corner, North forty-seven degrees thirty-eight minutes twenty-
26 five seconds West (N. 47 degrees 38' 25" W.), a distance of two
27 hundred eighty and thirty-nine hundredths feet (280.39') to a
28 steel pin set, and (2) passing through a steel pin set on line
29 twenty-five and zero hundredths feet (25.00') from the next
30 described corner, North forty-two degrees twenty-one minutes
20000S1330B2034 - 2 -
1 thirty-five seconds East (N. 42 degrees 21' 35" E.), a distance
2 of three hundred seventy-seven and six hundredths feet (377.06')
3 to a railroad spike set in or near the center of Hospital Lane;
4 thence along or near the center of Hospital Lane, being the
5 southwestern line of property belonging to Evelyn B. Willetts
6 Revocable Living Trust, Evelyn B. Willetts and J. MacDonald
7 Willets, Trustees, South forty-seven degrees twenty-five minutes
8 twenty seconds East (S. 47 degrees 25' 20" E.), a distance of
9 two hundred twenty-seven and twenty-seven hundredths feet
10 (227.27') to the PLACE OF BEGINNING.
11 CONTAINING IN AREA two and zero hundredths acres (2.00 Acres)
12 of land.
13 BEING A PORTION OF THE SAME PROPERTY which the General State
14 Authority by deed dated December 3, 1985 and recorded in Deed
15 Book Volume 1893, Page 333, Berks County Records at Reading,
16 Pennsylvania, granted and conveyed unto the Commonwealth of
17 Pennsylvania.
18 (c) Easements.--The conveyance shall be made under and
19 subject to any and all Easements for utilities which cross said
20 property, including, but not limited to, streets, roadways and
21 rights of any storm sewer, electric service, potable water
22 service, as well as under and subject to any interest, estates
23 or tenancies vested in third persons appearing of record, for
24 any portion of the land or improvements erected thereon.
25 (d) Execution.--The deed of conveyance shall be approved as <--
26 (D) EXECUTION.-- <--
27 (1) THE DEED OF CONVEYANCE SHALL BE APPROVED AS provided
28 by law and shall be executed by the Secretary of General
29 Services in the name of the Commonwealth of Pennsylvania. In <--
30 the event this property is not conveyed to PENNSYLVANIA. <--
20000S1330B2034 - 3 -
1 (2) IN THE EVENT THIS PROPERTY IS NOT CONVEYED TO
2 Wernersville Municipal Authority within five years of the
3 effective date of this act BUT IMPROVEMENTS ARE MADE TO THIS <--
4 PROPERTY BY WERNERSVILLE MUNICIPAL AUTHORITY, THE PROPERTY,
5 at the discretion of the Secretary of General Services, the <--
6 property may be offered for sale through auction, sealed bid
7 or request for proposal, under terms of the act of April 9,
8 1929 (P.L.177, No.175), known as The Administrative Code of
9 1929, and conditions in section 2405-A of The Administrative
10 Code of 1929 authorizing the sale of the herein noted
11 property to Wernersville Municipal Authority shall
12 automatically cease and become null and void.
13 (3) IN THE EVENT THIS PROPERTY IS NOT CONVEYED TO <--
14 WERNERSVILLE MUNICIPAL AUTHORITY WITHIN SAID FIVE-YEAR PERIOD
15 AND NO IMPROVEMENTS ARE MADE TO THIS PROPERTY BY THE
16 WERNERSVILLE MUNICIPAL AUTHORITY UNDER SAID LEASE, THE LAND
17 SHALL REMAIN SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 18,
18 1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
19 ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
20 DEPARTMENT OF AGRICULTURE."
21 (e) Costs.--All other costs and fees, including, but not
22 limited to, appraisal fees, title insurance and surveys,
23 incidental to this conveyance, shall be borne by the Grantee.
24 (F) DISPOSITION OF PROCEEDS.--THE PROCEEDS FROM THE SALE OF <--
25 THE LAND DESCRIBED IN THIS ACT SHALL BE CREDITED TO THE
26 AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND.
27 Section 2. This act shall take effect immediately.
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