H2306B3345A07752 VDL:CMM 06/19/08 #90 A07752
AMENDMENTS TO HOUSE BILL NO. 2306
Sponsor: REPRESENTATIVE K. SMITH
Printer's No. 3345
1 Amend Title, page 1, line 1, by striking out "Amending" and
2 inserting
3 Reenacting and amending
4 Amend Sec. 1, page line 11, by striking out "1(h)" and
5 inserting
6 1
7 Amend Sec. 1, page 1, line 17, by inserting after "is"
8 reenacted and
9 Amend Sec. 1 (Sec. 1), page 1, line 20, by striking out all
10 of said line and inserting
11 (a) Authorization.--The Department of General Services, with
12 the approval of the Governor, is hereby authorized on behalf of
13 the Commonwealth of Pennsylvania to grant and convey to the
14 County of Lackawanna Transit System Authority (hereinafter
15 COLTS) certain lands situate in the City of Scranton, Lackawanna
16 County, in exchange for a certain tract of land from COLTS
17 situate in the City of Scranton, Lackawanna County.
18 (b) Description.--The property to be conveyed to COLTS under
19 subsection (a) consists of approximately 2.52 acres of land and
20 improvements thereon bounded and more particularly described as
21 follows:
22 LOT 1A
23 BEGINNING at a 3/4 inch iron pin, the intersection of the
24 southeasterly right-of-way line of Cliff Street with the
25 southwesterly right-of-way line of Lackawanna Avenue as shown on
26 a plan titled, "The Commonwealth of Pennsylvania - Department of
27 General Services - RD 1216 Pg 289 - Minor Subdivision" dated
28 July, 2005 and prepared by Acker Associates, Inc.;
29 Thence along said ling of Lackawanna Avenue South 51 degrees 28
30 minutes 04 seconds East four hundred seventy-one and five
31 hundredths (471.05 feet) feet to a point in line of lands of
32 Scranton Mall Associates;
33 Thence along said lands South 38 degrees 37 minutes 01 second
34 West one hundred three and one hundredth (103.01 feet) feet to a
1 point in line of lands of Lackawanna County Rail Authority;
2 Thence along said lands of Lackawanna County Rail Authority the
3 following four (4) courses and distances:
4 1. South 70 degrees 49 minutes 56 seconds West five and
5 ninety-three hundredths (5.93 feet) feet to a point,
6 2. North 88 degrees 44 minutes 38 seconds West fifty-seven
7 and seventy-nine hundredths (57.79 feet) feet to a point
8 of curvature,
9 3. along a curve to the right having a radius of nine
10 hundred eighty-eight and thirty-one hundredths (988.31
11 feet) feet for an arc length of three hundred sixty-one
12 and fifty-one hundredths (361.51 feet) feet (chord
13 bearing and distance being North 68 degrees 51 minutes 46
14 seconds West 359.50 feet) to a point of tangency, and
15 4. North 53 degrees 36 minutes 54 seconds West eighty and
16 seven hundredths (80.07 feet) feet to a point on the
17 southeasterly right-of-way line of Cliff Street;
18 Thence along said line of Cliff Street North 38 degrees 49
19 minutes 51 seconds East two hundred fifty-three and five tenths
20 (253.50 feet) feet to the point of BEGINNING.
21 CONTAINING 2.24 acres of land being the same, more or less.
22 LOT 1B
23 BEGINNING at a 5/8 inch rebar on the southeasterly right-of-way
24 line of Cliff Street, said point also being a common corner of
25 lands the National Park Service and Lot 1B as shown on a plan
26 titled, "The Commonwealth of Pennsylvania - Department of
27 General Services - RB 1216 Pg 289 - Minor Subdivision" dated
28 July, 2005 and prepared by Acker Associates, Inc.;
29 Thence along said line of Cliff Street North 38 degrees 49
30 minutes 51 seconds East thirty-nine and twenty-six hundredths
31 (39.26 feet) feet to a point in line of Lackawanna County Rail
32 Authority;
33 Thence along said lands of Lackawanna County Rail Authority the
34 following two (2) courses and distances:
35 1. South 51 degrees 32 minutes 09 seconds East one and
36 forty-eight and thirty-nine hundredths (148.39 feet) feet
37 to a point, and
38 2. South 66 degrees 46 minutes 09 seconds East fifty-five
39 and twenty-six hundredths (55.26 feet) feet to a point;
40 Thence along Lot 2 the following three (3) courses and
41 distances:
42 1. South 25 degrees 41 minutes 58 seconds West eleven and
43 fifty-nine hundredths (11.59 feet) feet to a point,
44 2. South 39 degrees 59 minutes 28 seconds West fifty-eight
45 and five hundredths (58.05 feet) feet to a point, and
46 3. South 48 degrees 45 minutes 01 second West twenty-two and
47 ninety-five hundredths (22.95 feet) feet to a point in
48 line of lands of the National Park Service;
49 Thence along said lands of the National Park Service North 40
50 degrees 40 minutes 45 seconds West two hundred two and five
51 tenths (202.50 feet) feet to the point of BEGINNING.
52 CONTAINING 12,315 square feet (0.28 acres) of land being the
53 same, more or less.
54 (c) Exchange.--The conveyance authorized by subsection (b)
55 shall be in exchange for the conveyance, by special warranty
56 deed, from COLTS, to the Commonwealth of Pennsylvania, acting by
57 and through its Department of General Services, of all that
58 certain piece or parcel of land situate in the City of Scranton,
59 Lackawanna County, Pennsylvania, bounded and described as
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1 follows:
2 All that certain lot, piece or parcel of land situate in the
3 8th Ward, City of Scranton, County of Lackawanna and State of
4 Pennsylvania, bounded and described as follows:
5 Beginning at a point located on the northeasterly side of
6 Lackawanna Avenue, said point being also located by a bearing of
7 N 39 degrees 00 minutes W, and a distance of 138.0 feet as
8 measured along the northeasterly side of Lackawanna Avenue from
9 its intersection with the northwesterly right-of-way line of the
10 D.L. & W. R.R.; thence, along the line of Lackawanna Avenue N 39
11 degrees 00 minutes W, 294.52 feet to a point of intersection
12 with a curve measured radially 100 feet from the center line of
13 the D. & H. R.R. Co.; thence on a curve to the left parallel to
14 the center line of said D. & H. R.R. and 100 feet therefrom,
15 said curve having a radius of 750.14 feet and length of 867.02
16 feet with a long chord bearing and distance of N 71 degrees 01
17 minute E, 819.55 feet to a point; thence S 39 degrees 00 minutes
18 E, 45.04 feet to a point on the northwesterly right-of-way line
19 of the D.L. & W. R.R.; thence along said right-of-way the
20 following two courses and distances (1) on a curve to the right,
21 having a radius of 4,037.11 and length of 278.15 and a long
22 chord bearing and distance of a 31 degrees 32 minutes W, 278.10
23 feet and (2) S 47 degrees 38 minutes W, 208.68 feet to a corner
24 of other lands of the S.R.A.; thence along lands of said S.R.A.,
25 the following two courses and distances (1) N 39 degrees 00
26 minutes W, 136.0 feet and (2) S 51 degrees 00 minutes W, 300.0
27 feet to the place of beginning.
28 Containing 2.277 acres of land more or less as surveyed by
29 John R. Hennemuth, Registered Civil Engineer.
30 Parcel 18-A
31 All that certain lot, piece or parcel of land situate in the
32 8th Ward, City of Scranton, County of Lackawanna and State of
33 Pennsylvania, bounded and described as follows:
34 Beginning at a point located on the northeasterly side of
35 Lackawanna Avenue, said point being also located by a bearing of
36 N 39 degrees 00 minutes W and a distance of 138.00 feet as
37 measured along the northeasterly side of Lackawanna Avenue from
38 its intersection with the northwesterly right-of-way line of the
39 D. L. & W. R.R., said point being also common to a corner of
40 Parcel 18 of the S.R.A. as shown on drawing D-14-72 by John R.
41 Hennemuth, P.E.; thence along the line of parcel 18, N 51
42 degrees 00 minutes E, 300 feet to a corner; thence still along
43 the line of Parcel 18, S 39 degrees 00 minutes E, 6.0 feet to a
44 corner; thence over and across other lands of the S.R.A., S 51
45 degrees 00 minutes W, 300.0 feet to a point on the northeasterly
46 side of Lackawanna Avenue; thence along the side of said Avenue
47 N 39 degrees 00 minutes W, 6.0 feet to the place of beginning.
48 Containing 0.041 acres of land and shown as Parcel 18-A on
49 drawing B-22-72 by John R. Hennemuth, Registered Civil Engineer.
50 CONTAINING 2.318 acres, more or less.
51 The conveyance described in this section shall be made under
52 and subject to all lawful and enforceable easements, servitudes
53 and rights of others, including, but not confined to, streets,
54 roadways and rights of any telephone, telegraph, water,
55 electric, gas or pipeline companies, as well as under and
56 subject to any lawful and enforceable estates or tenancies
57 vested in third persons appearing of record, for any portion of
58 the land or improvements erected thereon.
59 (d) Easements.--The conveyance described in subsection (b)
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1 shall be made under and subject to all lawful and enforceable
2 easements, servitudes and rights of others, including, but not
3 confined to, streets, roadways and rights of any telephone,
4 telegraph, water, electric, gas or pipeline companies, as well
5 as under and subject to any lawful and enforceable estates or
6 tenancies vested in third persons appearing of record, for any
7 portion of the land or improvements erected thereon.
8 (e) Special warranty deed.--The conveyance described in
9 subsection (b) shall be by special warranty deed and shall be
10 executed by the Secretary of General Services in the name of the
11 Commonwealth of Pennsylvania.
12 (f) Covenants.--Any conveyance authorized under subsection
13 (b) shall be made under and subject to the condition, which
14 shall be contained in the deed of conveyance, that no portion of
15 the property conveyed shall be used as a licensed facility, as
16 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
17 other similar type of facility authorized under the laws of this
18 Commonwealth. The condition shall be a covenant running with the
19 land and shall be binding upon the grantee, its successors and
20 assigns. Should the grantee, its successors or assigns permit
21 any portion of the property authorized to be conveyed in this
22 section to be used in violation of this section, the title shall
23 immediately revert to and revest in the grantor.
24 (g) Costs and fees.--All costs and fees incidental to the
25 conveyance authorized by this act shall be borne by the grantee.
26 Amend Sec. 1 (Sec. 1), page 2, lines 2 and 3, by striking out
27 all of line 2 and "section" where it appears the first time in
28 line 3 and inserting
29 executed [within 12 months of the effective date of
30 this section] by May 16, 2010
31 Amend Bill, page 2, by inserting between lines 4 and 5
32 Section 2. Section 2 of the act is reenacted to read:
33 Section 2. This act shall take effect immediately.
34 Amend Sec. 2, page 2, line 5, by striking out "2" and
35 inserting
36 3
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