HOUSE AMENDED
PRIOR PRINTER'S NOS. 1720, 1878, 2034 PRINTER'S NO. 2135
No. 1330 Session of 2000
INTRODUCED BY BRIGHTBILL, MARCH 8, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 25, 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; AND AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, <--
6 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
7 ENVIRONMENTAL PROTECTION, TO SELL AND CONVEY TO THE EDINBORO
8 REGIONAL COMMUNITY SERVICES, INC., A CERTAIN TRACT OF LAND
9 SITUATE IN WASHINGTON TOWNSHIP, ERIE COUNTY, PENNSYLVANIA.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. (a) Authorization FOR LAND IN SOUTH HEIDELBURG <--
13 TOWNSHIP, BERKS COUNTY.--The Department of General Services,
14 with the approval of the Governor, is hereby authorized and
15 directed on behalf of the Commonwealth of Pennsylvania to grant
16 and convey to the Wernersville Municipal Authority the tract of
17 land described in subsection (b), for fair consideration based
18 on a fair market value as determined by an independent appraisal
19 in accordance with the terms of a certain lease agreement
20 between Wernersville Municipal Authority and the Commonwealth of
1 Pennsylvania acting through the Department of General Services,
2 Commonwealth of Pennsylvania dated the 14th day of May, 1999.
3 (b) Description.--The property to be conveyed pursuant to
4 subsection (a) is ALL THAT CERTAIN parcel or tract of land
5 situate at the southwestern corner of Hospital Lane and Furnace
6 Road in the Township of South Heidelberg, County of Berks,
7 Commonwealth of Pennsylvania, as shown on Drawing No. 5221-131-
8 C-011, dated October 11, 1999, prepared by Spotts, Stevens and
9 McCoy, Inc. Consulting Engineers of Reading, Pennsylvania, and
10 being more fully bounded and described as follows, to wit:
11 BEGINNING at a railroad spike found at or near the centerline
12 intersection of Hospital Lane and Furnace Road (T-382) and on
13 the northwestern line of property belonging to Kenneth A. Orr
14 and Polly Kahl; thence along said land and running partially
15 along the center on Furnace Road, South forty-two degrees forty-
16 two minutes sixteen seconds West (S. 42 degrees 42' 16" W.), a
17 distance of three hundred five and eighty hundredths feet
18 (305.80') to a steel pipe found; thence along property belonging
19 to Francis W. and Maebelle S. Ruth, South four degrees twenty-
20 three minutes zero seconds West (S. 04 degrees 23' 00" W.), a
21 distance of eighty-nine and thirty-two hundredths feet (89.32')
22 to a steel pin set; thence through property belonging to the
23 Commonwealth of Pennsylvania (Wernersville State Hospital),
24 grantor herein, the two (2) following bearings and distances,
25 viz: (1) passing through a steel pin set on line seventy-five
26 and zero hundredths feet (75.00') from the last described
27 corner, North forty-seven degrees thirty-eight minutes twenty-
28 five seconds West (N. 47 degrees 38' 25" W.), a distance of two
29 hundred eighty and thirty-nine hundredths feet (280.39') to a
30 steel pin set, and (2) passing through a steel pin set on line
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1 twenty-five and zero hundredths feet (25.00') from the next
2 described corner, North forty-two degrees twenty-one minutes
3 thirty-five seconds East (N. 42 degrees 21' 35" E.), a distance
4 of three hundred seventy-seven and six hundredths feet (377.06')
5 to a railroad spike set in or near the center of Hospital Lane;
6 thence along or near the center of Hospital Lane, being the
7 southwestern line of property belonging to Evelyn B. Willetts
8 Revocable Living Trust, Evelyn B. Willetts and J. MacDonald
9 Willets, Trustees, South forty-seven degrees twenty-five minutes
10 twenty seconds East (S. 47 degrees 25' 20" E.), a distance of
11 two hundred twenty-seven and twenty-seven hundredths feet
12 (227.27') to the PLACE OF BEGINNING.
13 CONTAINING IN AREA two and zero hundredths acres (2.00 Acres)
14 of land.
15 BEING A PORTION OF THE SAME PROPERTY which the General State
16 Authority by deed dated December 3, 1985 and recorded in Deed
17 Book Volume 1893, Page 333, Berks County Records at Reading,
18 Pennsylvania, granted and conveyed unto the Commonwealth of
19 Pennsylvania.
20 (c) Easements.--The conveyance shall be made under and
21 subject to any and all Easements for utilities which cross said
22 property, including, but not limited to, streets, roadways and
23 rights of any storm sewer, electric service, potable water
24 service, as well as under and subject to any interest, estates
25 or tenancies vested in third persons appearing of record, for
26 any portion of the land or improvements erected thereon.
27 (d) Execution.--The deed of conveyance shall be approved as <--
28 (D) EXECUTION.-- <--
29 (1) THE DEED OF CONVEYANCE SHALL BE APPROVED AS provided
30 by law and shall be executed by the Secretary of General
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1 Services in the name of the Commonwealth of Pennsylvania. In <--
2 the event this property is not conveyed to PENNSYLVANIA. <--
3 (2) IN THE EVENT THIS PROPERTY IS NOT CONVEYED TO
4 Wernersville Municipal Authority within five years of the
5 effective date of this act BUT IMPROVEMENTS ARE MADE TO THIS <--
6 PROPERTY BY WERNERSVILLE MUNICIPAL AUTHORITY, THE PROPERTY,
7 at the discretion of the Secretary of General Services, the <--
8 property may be offered for sale through auction, sealed bid
9 or request for proposal, under terms of the act of April 9,
10 1929 (P.L.177, No.175), known as The Administrative Code of
11 1929, and conditions in section 2405-A of The Administrative
12 Code of 1929 authorizing the sale of the herein noted
13 property to Wernersville Municipal Authority shall
14 automatically cease and become null and void.
15 (3) IN THE EVENT THIS PROPERTY IS NOT CONVEYED TO <--
16 WERNERSVILLE MUNICIPAL AUTHORITY WITHIN SAID FIVE-YEAR PERIOD
17 AND NO IMPROVEMENTS ARE MADE TO THIS PROPERTY BY THE
18 WERNERSVILLE MUNICIPAL AUTHORITY UNDER SAID LEASE, THE LAND
19 SHALL REMAIN SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 18,
20 1982 (P.L.549, NO.159), ENTITLED "AN ACT PROVIDING FOR THE
21 ADMINISTRATION OF CERTAIN COMMONWEALTH FARMLAND WITHIN THE
22 DEPARTMENT OF AGRICULTURE."
23 (e) Costs.--All other costs and fees, including, but not
24 limited to, appraisal fees, title insurance and surveys,
25 incidental to this conveyance, shall be borne by the Grantee.
26 (F) DISPOSITION OF PROCEEDS.--THE PROCEEDS FROM THE SALE OF <--
27 THE LAND DESCRIBED IN THIS ACT SHALL BE CREDITED TO THE
28 AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND.
29 SECTION 2. (A) AUTHORIZATION FOR LAND IN WASHINGTON <--
30 TOWNSHIP, ERIE COUNTY.--THE DEPARTMENT OF GENERAL SERVICES, WITH
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1 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF ENVIRONMENTAL
2 PROTECTION IS HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
3 PENNSYLVANIA TO GRANT, SELL AND CONVEY TO THE EDINBORO REGIONAL
4 COMMUNITY SERVICES, INC., FOR $1.00, A TRACT OF LAND AS
5 DESCRIBED IN SUBSECTION (B).
6 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
7 SUBSECTION (A) IS ALL THAT CERTAIN PIECE OF LAND SITUATE AND
8 BEING PART OF TRACT 488, OF THE TOWNSHIP OF WASHINGTON, COUNTY
9 OF ERIE AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED
10 AS FOLLOWS, TO WIT:
11 BEGINNING AT A POINT IN THE CENTER LINE OF U.S. ROUTE NO. 6N
12 (ALSO BEING LEGISLATIVE ROUTE NO.709-2R), DISTANT THENCE SOUTH
13 89 DEGREES 43 MINUTES 30 SECONDS EAST, 2171.96 FEET FROM A POINT
14 IN THE CENTER LINE OF TOWNLINE ROAD, ALSO BEING THE NORTHWEST
15 CORNER OF TRACT NO.448, SAID POINT OF BEGINNING, ALSO THE
16 NORTHEAST CORNER OF THE WHOLE PIECE OF PROPERTY CONVEYED TO
17 RALPH L. ROBINSON, ET UX, BY FRED D. SCHULTZE, ET UX, BY DEED
18 DATED MAY 5, 1958, AND RECORDED IN ERIE COUNTY DEED BOOK 776,
19 PAGE 58; THENCE SOUTH 1 DEGREE 1 MINUTE 30 SECONDS EAST, 1722.88
20 FEET TO AN IRON PIN WHICH IS THE SOUTHEAST CORNER OF THE WHOLE
21 PIECE CONVEYED TO RALPH L. ROBINSON, ET UX, BY DEED DATED MAY 5,
22 1958, AND RECORDED IN ERIE COUNTY DEED BOOK 776, PAGE 58; THENCE
23 NORTH 89 DEGREES 34 MINUTES 30 SECONDS WEST, 767.67 FEET TO AN
24 IRON PIPE, WHICH IS A SOUTHWEST CORNER OF PROPERTY CONVEYED TO
25 RALPH L. ROBINSON, ET UX, BY DEED DATED MAY 5, 1958, AND
26 RECORDED IN ERIE COUNTY DEED BOOK 776, PAGE 58; THENCE NORTH 0
27 DEGREES 33 MINUTES 30 SECONDS EAST ALONG THE EAST PROPERTY LINE
28 NOW OR FORMERLY OF CLARE L. FLYNN, ET UX, 1350 FEET TO AN IRON
29 PIPE; THENCE NORTH 89 DEGREES 5 MINUTES 30 SECONDS EAST, 130
30 FEET MORE OR LESS TO A POINT, WHICH POINT IS 600 FEET WEST OF
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1 EAST LINE (ERRONEOUSLY REFERRED TO AS "WEST LINE" IN PRIOR DEED)
2 OF WHOLE PIECE; THENCE NORTH 1 DEGREE 1 MINUTE 30 SECONDS WEST,
3 415.39 FEET TO A POINT IN THE CENTER LINE OF U.S. ROUTE NO. 6N
4 (ALSO BEING PENNSYLVANIA LEGISLATIVE ROUTE NO.709-2R); THENCE
5 SOUTH 89 DEGREES 43 MINUTES 30 SECONDS EAST ALONG THE CENTER
6 LINE OF U.S. ROUTE NO. 6N (ALSO BEING PENNSYLVANIA LEGISLATIVE
7 ROUTE NO.709-2R), 600 FEET TO THE PLACE OF BEGINNING.
8 BEING APPROXIMATELY 28.667 ACRES OF LAND.
9 (C) EASEMENTS.--THE CONVEYANCE AUTHORIZED BY THIS SECTION
10 SHALL BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE
11 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
12 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
13 TELEGRAPH, CABLE, WATER, ELECTRIC, SEWER, GAS OR PIPELINE
14 COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL AND
15 ENFORCEABLE INTEREST, ESTATES OR TENANCIES VESTED IN THIRD
16 PERSONS, APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
17 IMPROVEMENT ERECTED THEREON.
18 (D) EXECUTION.--THE CONVEYANCE AUTHORIZED BY THIS SECTION
19 SHALL BE MADE UNDER AND SUBJECT TO THE TERMS AND CONDITIONS OF
20 THE CONSENT ORDER AND AGREEMENT, DATED JUNE 2, 1998, BETWEEN THE
21 DEPARTMENT OF ENVIRONMENTAL PROTECTION AND EDINBORO REGIONAL
22 COMMUNITY SERVICES, INC. THE DEED OF CONVEYANCE AUTHORIZED BY
23 THIS SECTION SHALL BE BY SPECIAL WARRANTY DEED AND SHALL CONTAIN
24 COVENANTS ACCEPTED BY EDINBORO REGIONAL COMMUNITY SERVICES,
25 INC., THROUGH THE CONSENT ORDER AND AGREEMENT DATED JUNE 2, 1998
26 BETWEEN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND EDINBORO
27 REGIONAL COMMUNITY SERVICES, INC.
28 (E) COSTS.--COSTS AND FEES INCIDENTAL TO THE CONVEYANCE
29 AUTHORIZED BY THIS SECTION SHALL BE BORNE BY THE GRANTEE.
30 Section 2 3. This act shall take effect immediately. <--
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