PRIOR PRINTER'S NO. 2078 PRINTER'S NO. 2183
No. 1487 Session of 2000
INTRODUCED BY KASUNIC, JUNE 19, 2000
SENATOR LEMMOND, STATE GOVERNMENT, AS AMENDED, OCTOBER 3, 2000
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor and of the Pennsylvania Historical
3 and Museum Commission, to sell and convey to the County of
4 Fayette, a certain tract of land and right-of-way situate in
5 Wharton Township, Fayette County, Pennsylvania.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Conveyance authorized.
9 The Department of General Services, with the approval of the
10 Governor and of the Pennsylvania Historical and Museum
11 Commission, is hereby authorized on behalf of the Commonwealth
12 of Pennsylvania, to grant, sell and convey to the County of
13 Fayette, for fair consideration, a tract of land and buildings
14 known as the Great Meadows Amphitheater as further described in
15 section 2.
16 Section 2. Description.
17 The property to be conveyed is a single tract of land and
18 right-of-way situate in the Township of Wharton, Fayette County,
19 Commonwealth of Pennsylvania, bounded and described as follows:
1 BEGINNING at a point located the following courses and
2 distances from the bench mark on a concrete monument marking the
3 northwestern property corner of lands owned by the County of
4 Fayette:
5 (1) North 66 degrees 45 minutes East 240 feet to a point;
6 (2) South 19 degrees 15 minutes East 370.00 feet to a point,
7 said point being the beginning of the area for the proposed
8 amphitheater; thence North 70 degrees 45 minutes East 561.53
9 feet to a point; thence South 77 degrees 02 minutes 01 seconds
10 East 194.84 feet to a point; thence on a curve to the right
11 having a radius of 520.87 feet (chord bearing of South 28
12 degrees 31 minutes 01 seconds West and a chord distance of
13 279.27 feet) the arc distance of 282.73 feet to a point; thence
14 South 44 degrees 04 minutes 02.2 seconds West 67.55 feet to a
15 point; thence on a curve to the left having a radius of 318.31
16 feet (chord bearing of South 26 degrees 30 minutes 31 seconds
17 West and a chord distance of 186.66 feet) the arc distance of
18 195.10 feet to a point; thence North 81 degrees 02 minutes West
19 23.85 feet to a point; thence South 45 degrees 38 minutes West
20 190.33 feet to a point; thence North 88 degrees 21 minutes 20
21 seconds West 137.46 feet to a point; thence North 19 degrees 15
22 minutes West 476.48 feet to the point and place of beginning.
23 CONTAINING 6.1 Acres, more or less.
24 TOGETHER with the free and uninterrupted right of ingress,
25 egress and regress, over a 180 foot wide right-of-way,
26 containing a road, from the above property to U.S. Route 40.
27 Section 3. Conditions of conveyance.
28 The conveyance authorized shall be made under and subject to
29 all lawful and enforceable easements, servitudes and rights of
30 others, including, but not confined to, streets, roadways and
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1 rights of any telephone, telegraph, cable, water, electric,
2 sewer, gas or pipeline companies, as well as under and subject
3 to any lawful and enforceable interest, estates or tenancies
4 vested in third persons, appearing of record, for any portion of
5 the land or improvement erected thereon.
6 Section 4. Deed of conveyance.
7 (a) Subsequent sale and reversion.--The deed of conveyance
8 shall be by special warranty deed and shall contain a clause
9 that, EXCEPTING THE SALE TO THE UNITED STATES OF AMERICA AS <--
10 STIPULATED IN SUBSECTION (C), the grantee will pay the
11 Commonwealth either one-half of the proceeds from the sale of
12 the property by the grantee to any third party or $100,000,
13 whichever is greater. If at anytime the grantee or its successor
14 in function conveys the property without paying the Commonwealth
15 one-half of the sale proceeds or $100,000, whichever is greater,
16 the property shall immediately revert to and revest in the
17 Commonwealth of Pennsylvania. This clause shall extinguish ten
18 years after the execution date of the deed of conveyance from
19 the Commonwealth to the County of Fayette.
20 (b) Development or construction.--The deed of conveyance
21 shall contain a clause that requires the grantee to contact the
22 State Historic Preservation Officer prior to land development or
23 construction.
24 (C) SALE BY GRANTEE TO THE UNITED STATES OF AMERICA.--THE <--
25 DEED OF CONVEYANCE AUTHORIZED BY THIS ACT SHALL CONTAIN A CLAUSE
26 THAT THE GRANTEE SHALL BE PERMITTED TO CONVEY THE PROPERTY
27 DESCRIBED IN SECTION 2 FOR $1 TO THE UNITED STATES OF AMERICA,
28 OR A DEPARTMENT THEREOF, FOR THE SOLE PURPOSE OF ESTABLISHING A
29 NATIONAL VETERANS CEMETERY.
30 Section 5. Execution of deed.
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1 The deed of conveyance shall be approved as provided by law
2 and shall be executed by the Secretary of General Services in
3 the name of the Commonwealth of Pennsylvania. In the event that
4 this conveyance is not executed within 12 months of the
5 effective date of this act, the property shall be disposed of in
6 accordance with Article XXIV-A of the act of April 9, 1929
7 (P.L.177, No.175), known as The Administrative Code of 1929.
8 Section 6. Costs and fees.
9 Costs and fees incidental to the conveyance shall be borne by
10 the grantee.
11 Section 7. Effective date.
12 This act shall take effect immediately.
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