SENATE AMENDED
PRIOR PRINTER'S NO. 746 PRINTER'S NO. 2368
No. 673 Session of 2001
INTRODUCED BY CAWLEY AND BELARDI, FEBRUARY 13, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 20, 2001
AN ACT
1 Authorizing and directing the Department of Transportation, with
2 the approval of the Governor, to convey to Scranton School
3 District two parcels of land situated in the City of
4 Scranton, Lackawanna County, Pennsylvania; AUTHORIZING AND <--
5 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
6 APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO SMITHFIELD
7 TOWNSHIP OR ITS ASSIGNS CERTAIN LANDS SITUATE IN SMITHFIELD
8 TOWNSHIP, HUNTINGDON COUNTY; AND MAKING A REPEAL.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. (A) AUTHORIZATION; DESCRIPTION.--The Department <--
12 of Transportation, with the approval of the Governor, is hereby
13 authorized and directed, on behalf of the Commonwealth of
14 Pennsylvania, to grant and convey to Scranton School District
15 for 50% of the fair market value as determined by an independent
16 appraisal approved by the Department of Transportation, the
17 following parcels of land situated in the City of Scranton,
18 Lackawanna County, Pennsylvania, bounded and described as
19 follows:
20 Parcel No. 1
1 All that parcel of land situate in the City of Scranton,
2 County of Lackawanna and State of Pennsylvania, bounded and
3 described as follows:
4 Beginning at a point located 177.75 feet right perpendicular
5 from SR 3027 baseline station 58+53.76; thence North 9 degrees
6 35 minutes 28 seconds West 314.14 feet; thence North 8 degrees
7 34 minutes 38 seconds West 551.17 feet; thence North 9 degrees
8 39 minutes 21 seconds West 526.46 feet; thence North 65 degrees
9 39 minutes 54 seconds East 18.00 feet to a point on a curve
10 having a radius of 1547.28 feet and a central angle of 14
11 degrees 39 minutes 54 seconds; thence along the arc of the curve
12 a distance of 396.03 feet, the arc subtended by a chord bearing
13 South 31 degrees 40 minutes 3 seconds East a distance of 394.95
14 feet; thence South 0 degrees 29 minutes 45 seconds East 31.81
15 feet to a point on a curve having a radius of 1567.28 feet and a
16 central angle of 9 degrees 48 minutes 0 seconds; thence along
17 the arc of the curve a distance of 268.07 feet, the arc
18 subtended by a chord bearing South 44 degrees 48 minutes 36
19 seconds East a distance of 267.74 feet; thence South 49 degrees
20 45 minutes 28 seconds East 105.69 feet; thence South 49 degrees
21 34 minutes 08 seconds East 92.46 feet; thence South 49 degrees
22 48 minutes 24 seconds East 108.45 feet; thence North 38 degrees
23 45 minutes 02 seconds East 1.80 feet; thence South 52 degrees 39
24 minutes 08 seconds East 32.35 feet; thence South 58 degrees 59
25 minutes 23 seconds East 255.04 feet; thence South 45 degrees 35
26 minutes 31 seconds East 345.92 feet to a point on a curve,
27 having a radius of 188.00 feet and a central angle of 16 degrees
28 42 minutes 10 seconds; thence along the arc of the curve a
29 distance of 54.81 feet, the arc subtended by a chord bearing
30 South 37 degrees 07 minutes 17 seconds East a distance of 54.61
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1 feet; thence South 53 degrees 49 minutes 38 seconds West 461.58
2 feet to a point on a curve having a radius of 2964.79 feet and a
3 central angle of 2 degrees 40 minutes 57 seconds; thence along
4 the arc of the curve a distance of 138.80 feet, the arc
5 subtended by a chord bearing South 52 degrees 29 minutes 10
6 seconds West a distance of 138.79 feet to a point on a curve,
7 having a radius of 290.00 feet and a central angle of 112
8 degrees 16 minutes 17 seconds thence along the arc of the curve
9 a distance of 568.26 feet, the arc subtended by a chord bearing
10 North 72 degrees 43 minutes 14 seconds West a distance of 481.61
11 feet to a point on a curve having a radius of 611.19 feet and a
12 central angle of 2 degrees 20 minutes 13 seconds; thence along
13 the arc of the curve a distance of 24.93 feet, the arc subtended
14 by a chord bearing North 15 degrees 25 minutes 01 seconds West a
15 distance of 24.93 feet to the point of beginning. Containing
16 17.6529 acres, more or less.
17 Excepting and reserving a drainage easement beginning at a point
18 located 842.88 feet right perpendicular from SR 3027 baseline
19 station 56+80.14; thence South 53 degrees 49 minutes 38 seconds
20 West 154.10 feet to a point on a curve having a radius of
21 3014.79 feet and a central angle of 5 degrees 39 minutes 37
22 seconds; thence along the arc of the curve a distance of 297.84
23 feet, the arc subtended by a chord bearing South 50 degrees 59
24 minutes 49 seconds West a distance of 297.72 feet, to a point on
25 a curve, having a radius of 290.00 feet and a central angle of
26 32 degrees 41 minutes 21 seconds thence along the arc of the
27 curve a distance of 165.45 feet, the arc subtended by a chord
28 bearing North 67 degrees 29 minutes 17 seconds East a distance
29 of 163.22 feet to a point on a curve having a radius of 2964.79
30 feet and a central angle of 2 degrees 40 minutes 57 seconds
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1 thence along the arc of the curve a distance of 138.80 feet, the
2 arc subtended by a chord bearing North 52 degrees 29 minutes 10
3 seconds East a distance of 138.79 feet; thence North 53 degrees
4 49 minutes 42 seconds East 219.63 feet; thence North 30 degrees
5 42 minutes 49 seconds West 644.17 feet to a point on a curve,
6 having a radius of 751.20 feet and a central angle of 4 degrees
7 41 minutes 48 seconds; thence along the arc of the curve a
8 distance of 61.58 feet, the arc subtended by a chord bearing
9 North 33 degrees 03 minutes 43 seconds West a distance of 61.56
10 feet; thence North 49 degrees 40 minutes 04 seconds West 158.40
11 feet; thence North 49 degrees 45 minutes 28 seconds West 105.69
12 feet to a point on a curve having a radius of 1567.28 feet and a
13 central angle of 9 degrees 48 minutes 00 seconds; thence along
14 the arc of the curve a distance of 268.07 feet, the arc
15 subtended by a chord bearing North 44 degrees 48 minutes 36
16 seconds West, a distance of 267.74 feet; thence North 0 degrees
17 29 minutes 45 seconds West 31.81 feet; thence North 37 degrees
18 45 minutes 26 seconds West 67.08 feet; thence North 45 degrees
19 03 minutes 34 seconds West 178.46 feet; thence North 45 degrees
20 03 minutes 36 seconds West 46.41 feet; thence South 9 degrees 10
21 minutes 01 seconds East 119.40 feet; thence South 45 degrees 03
22 minutes 34 seconds East 622.40 feet to a point on a curve,
23 having a radius of 681.20 feet and a central angle of 14 degrees
24 20 minutes 45 seconds thence along the arc of the curve a
25 distance of 170.56 feet, the arc subtended by a chord bearing
26 South 37 degrees 53 minutes 12 seconds East a distance of 170.12
27 feet; thence South 30 degrees 42 minutes 50 seconds East 600.63
28 feet to the point of beginning. Containing 2.5114 acres, more or
29 less.
30 Parcel No. 2
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1 All that parcel of land situate in the City of Scranton,
2 County of Lackawanna and State of Pennsylvania, bounded and
3 described as follows to wit: Beginning at a point located 664.44
4 feet right perpendicular from SR 3029 baseline station
5 115+10.97; thence South 20 degrees 59 minutes 10 seconds West
6 209.82 feet; thence North 76 degrees 38 minutes 00 seconds West
7 42.88 feet; thence South 55 degrees 41 minutes 13 seconds West
8 139.77 feet; thence North 27 degrees 45 minutes 07 seconds West
9 143.42 feet; thence North 19 degrees 12 minutes 35 seconds West
10 518.94 feet to a point on a curve having a radius of 2764.79
11 feet and a central angle of 2 degrees 35 minutes 35 seconds;
12 thence along the arc of the curve a distance of 125.13 feet, the
13 arc subtended by a chord bearing North 52 degrees 31 minutes 51
14 seconds East a distance of 125.12 feet; thence North 53 degrees
15 49 minutes 38 seconds East 489.58 feet to a point on a curve
16 having a radius of 188.00 feet and a central angle of 20 degrees
17 14 minutes 57 seconds; thence along the arc of the curve a
18 distance of 66.44 feet, the arc subtended by a chord bearing
19 South 55 degrees 35 minutes 51 seconds East a distance of 66.10
20 feet; thence South 45 degrees 28 minutes 23 seconds East 24.62
21 feet; thence South 5 degrees 27 minutes 40 seconds West 547.35
22 feet; thence South 20 degrees 46 minutes 24 seconds West 125.98
23 feet to the point of beginning. Containing 7.5465 acres, more or
24 less. Excepting and reserving a drainage easement beginning at a
25 point located 100 feet right perpendicular from SR 3029 baseline
26 station 116+64.82; thence along a curve having a radius of
27 110.00 feet and a central angle of 52 degrees 20 minutes 36
28 seconds a distance of 100.49 feet, the arc subtended by a chord
29 bearing South 0 degrees 01 minutes 03 seconds West a distance of
30 97.03 feet; thence South 26 degrees 11 minutes 21 seconds West
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1 0.0029 feet to a point on a curve, having a radius of 65.00 feet
2 and a central angle of 27 degrees 24 minutes 06 seconds thence
3 along the arc of the curve a distance of 31.09 feet, the arc
4 subtended by a chord bearing South 12 degrees 29 minutes 18
5 seconds West a distance of 30.79 feet; thence South 1 degree 12
6 minutes 45 seconds East 129.82 feet; thence South 1 degree 24
7 minutes 22 seconds West 373.15 feet; thence South 28 degrees 43
8 minutes 35 seconds East 144.65 feet; thence South 55 degrees 41
9 minutes 13 seconds West 70.33 feet; thence North 28 degrees 43
10 minutes 35 seconds West 170.34 feet; thence North 1 degree 24
11 minutes 22 seconds East 390.39 feet; thence North 1 degree 12
12 minutes 45 seconds West 128.22 feet to a point on a curve having
13 a radius of 135.00 feet and a central angle of 27 degrees 24
14 minutes 06 seconds; thence along the arc of the curve a distance
15 of 64.56 feet, the arc subtended by a chord bearing North 12
16 degrees 29 minutes 18 seconds East, a distance of 63.95 feet to
17 a point on a curve having a radius of 40.00 feet and a central
18 angle of 33 degrees 47 minutes 04 seconds; thence along the arc
19 of the curve a distance of 23.59 feet, the arc subtended by a
20 chord bearing North 9 degrees 18 minutes 04 seconds East a
21 distance of 23.25 feet; thence North 53 degrees 49 minutes 38
22 seconds East 73.20 feet to the point of beginning. Containing
23 1.2508 acres, more or less.
24 Section 2. (B) DEED.--The deed of conveyance shall contain a <--
25 reversionary clause by which any of the land conveyed shall
26 revert to the Commonwealth if it shall no longer be used for
27 public school purposes, shall be approved as provided by law and
28 shall be executed by the Secretary of Transportation in the name
29 of the Commonwealth of Pennsylvania.
30 Section 3. (C) COSTS AND FEES.--Costs and fees incidental to <--
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1 this conveyance shall be borne by the grantee.
2 Section 4. (D) PROCEEDS.--Moneys received from the <--
3 conveyance shall be deposited in the Motor License Fund.
4 SECTION 2. (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL <--
5 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
6 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
7 PENNSYLVANIA TO GRANT AND CONVEY TO SMITHFIELD TOWNSHIP OR ITS
8 ASSIGNS, CERTAIN LANDS ON THE GROUNDS OF THE STATE CORRECTIONAL
9 INSTITUTION - HUNTINGDON DESCRIBED IN SUBSECTION (B) FOR FAIR
10 CONSIDERATION EQUAL TO FAIR MARKET VALUE AS DETERMINED BY
11 INDEPENDENT APPRAISAL.
12 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
13 SUBSECTION (A), CONSISTS OF APPROXIMATELY 115.93 ACRES MORE
14 PARTICULARLY DESCRIBED AS FOLLOWS:
15 PARCEL A:
16 BEGINNING AT A POINT ON THE SOUTHERN EDGE OF THE RIGHT-OF-WAY
17 FOR S.R. 0022, SAID POINT BEING MARKED BY AN IRON PIN; THENCE
18 ALONG THE RIGHT-OF-WAY FOR S.R. 0022 ALONG AN ARC CURVE TO THE
19 RIGHT HAVING A RADIUS OF 11399.19 FEET A DISTANCE OF 1684.83
20 FEET TO A POINT MARKED BY AN IRON PIN AND LOCATED ON THE
21 SOUTHERN EDGE OF S.R. 0022; THENCE ALONG SAME SOUTH 56 DEGREES
22 09 MINUTES 17 SECONDS EAST, 615.78 FEET TO AN IRON PIN; THENCE
23 ALONG THE NORTHERN EDGE OF THE RIGHT-OF-WAY FOR S.R. 0026 SOUTH
24 59 DEGREES 16 MINUTES 17 SECONDS WEST, 869.30 FEET TO AN IRON
25 PIN; THENCE ALONG SAME SOUTH 30 DEGREES 43 MINUTES 43 SECONDS
26 EAST, 5.00 FEET TO AN IRON PIN; THENCE ALONG SAME SOUTH 59
27 DEGREES 16 MINUTES 17 SECONDS WEST, 705.94 FEET TO AN IRON PIN;
28 THENCE ALONG OTHER LANDS OF THE GRANTOR HEREIN NORTH 47 DEGREES
29 24 MINUTES 36 SECONDS WEST, 726.62 FEET TO A CONCRETE MONUMENT;
30 THENCE ALONG SAME NORTH 58 DEGREES 18 MINUTES 08 SECONDS WEST,
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1 1032.36 FEET TO AN IRON PIN; THENCE ALONG SAME NORTH 17 DEGREES
2 30 MINUTES 01 SECONDS EAST, 1081.12 FEET TO A RAILROAD SPIKE;
3 THENCE ALONG LANDS NOW OR FORMERLY OF MUIRCO, INC. SOUTH 80
4 DEGREES 04 MINUTES 19 SECONDS EAST, 471.91 FEET TO AN IRON PIN
5 THE PLACE OF BEGINNING.
6 CONTAINING 67.20 ACRES, AND DENOMINATED AS PARCEL A ON A PLAN
7 OF SURVEY FOR THE TOWNSHIP OF SMITHFIELD DATED AUGUST 20, 1998,
8 AND DENOMINATED AS PROJECT NO. 1002-01 D-3 PREPARED BY G. I.
9 PHILLIPS, III, PLS.
10 PARCEL B:
11 BEGINNING AT AN IRON PIN ON THE SOUTHERN EDGE OF THE RIGHT-
12 OF-WAY FOR S.R. 0026; THENCE ALONG THE SOUTHERN EDGE OF THE
13 RIGHT-OF-WAY FOR S.R. 0026 NORTH 57 DEGREES 25 MINUTES 17
14 SECONDS EAST, 734.85 FEET TO AN IRON PIN; THENCE ALONG SAME
15 ALONG AN ARC CURVE TO THE RIGHT HAVING AN ARC RADIUS OF 11434.19
16 FEET AN ARC LENGTH OF 369.19 FEET TO AN IRON PIN; THENCE ALONG
17 SAME NORTH 59 DEGREES 16 MINUTES 17 SECONDS EAST 901.75 FEET TO
18 AN IRON PIN; THENCE ALONG OTHER LANDS OF THE GRANTOR HEREIN
19 SOUTH 30 DEGREES 43 MINUTES 42 SECONDS EAST, 1038.52 FEET TO AN
20 IRON PIN; THENCE ALONG SAME SOUTH 58 DEGREES 25 MINUTES 14
21 SECONDS WEST, 1467.30 FEET TO AN IRON PIN; THENCE ALONG LANDS
22 NOW OR FORMERLY OF WILLIAM E. SWIGART, JR. NORTH 58 DEGREES 18
23 MINUTES 09 SECONDS WEST, 1162.69 FEET TO AN IRON PIN, THE PLACE
24 OF BEGINNING.
25 CONTAINING 41.76 ACRES AND DENOMINATED AS PARCEL B ON A PLAN
26 OF SURVEY FOR THE TOWNSHIP OF SMITHFIELD DATED AUGUST 20, 1998
27 AND DENOMINATED AS PROJECT NO. 1002-01 D-3 PREPARED BY G. I.
28 PHILLIPS, III, PLS.
29 PARCEL C:
30 BEGINNING AT AN IRON PIN LOCATED ON THE SOUTHERN EDGE OF THE
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1 RIGHT-OF-WAY FOR S.R. 0022; THENCE ALONG LANDS NOW OR FORMERLY
2 OF THE GRANTOR HEREIN SOUTH 33 DEGREES 50 MINUTES 43 SECONDS
3 WEST, 416.55 FEET TO AN IRON PIN; THENCE ALONG SAME SOUTH 60
4 DEGREES 56 MINUTES 46 SECONDS WEST, 56.36 FEET TO A POINT IN THE
5 WATER; THENCE ALONG SAME NORTH 50 DEGREES 46 MINUTES 27 SECONDS
6 WEST, 712.79 FEET TO AN IRON PIN; THENCE ALONG SAME NORTH 39
7 DEGREES 13 MINUTES 37 SECONDS EAST, 171.29 FEET TO AN IRON PIN;
8 THENCE ALONG SAME ALONG AN ARC CURVE TO THE LEFT HAVING AN ARC
9 RADIUS OF 203.49 FEET AN ARC LENGTH OF 139.67 FEET TO AN IRON
10 PIN; THENCE ALONG SAME ALONG AN ARC CURVE TO THE RIGHT HAVING A
11 RADIUS OF 119.39 FEET A LENGTH OF 119.25 FEET; THENCE ALONG THE
12 SOUTHERN EDGE OF THE RIGHT-OF-WAY FOR S.R. 0022 SOUTH 56 DEGREES
13 09 MINUTES 17 SECONDS EAST, 618.41 FEET TO AN IRON PIN THE PLACE
14 OF BEGINNING.
15 CONTAINING 6.97 ACRES, MORE OR LESS, AND BEING DENOMINATED AS
16 PARCEL C ON A PLAN OF SURVEY FOR THE TOWNSHIP OF SMITHFIELD
17 DATED AUGUST 20, 1998 AND DENOMINATED AS PROJECT NO. 1002-01 D-3
18 PREPARED BY G. I. PHILLIPS, III, PLS.
19 (C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
20 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
21 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
22 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
23 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
24 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
25 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
26 THE LAND OR IMPROVEMENTS ERECTED THEREON.
27 (D) COVENANTS AND RESTRICTIONS.--THE DEED OF CONVEYANCE
28 SHALL CONTAIN THE FOLLOWING COVENANTS AND RESTRICTIONS:
29 (1) NO ALTERATIONS, CONSTRUCTION, DEVELOPMENT, EARTH
30 DISTURBANCE OR EXCAVATION WILL TAKE PLACE WITHIN ONE HUNDRED
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1 FIFTY (150) FEET OF THE MASON SPRING RESERVOIR FENCE LOCATED
2 ON RESIDUAL LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AND
3 PARCELS A, B AND C.
4 (2) GRANTEE, ITS SUCCESSORS AND ASSIGNS WILL PROTECT AND
5 PRESERVE THE WATER RESOURCES OF THE COMMONWEALTH LOCATED AT
6 THE MASON SPRING RESERVOIR AREA. IN THE EVENT CONTAMINATION
7 OF THE WATER RESOURCES OCCUR AS A RESULT OF DEVELOPMENT OR
8 USE ON PARCELS A, B OR C, THE GRANTEE SHALL TAKE THE
9 NECESSARY STEPS TO DECONTAMINATE THE WATER SOURCES AND SHALL
10 BE RESPONSIBLE FOR ALL INCIDENTAL AND CONSEQUENTIAL COSTS
11 THAT THE COMMONWEALTH OF PENNSYLVANIA MAY INCUR AS A RESULT
12 OF THE CONTAMINATION.
13 (E) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
14 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
15 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
16 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
17 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
18 (G) DISPOSAL.--IN THE EVENT THAT THIS CONVEYANCE IS NOT
19 EXECUTED WITH SMITHFIELD TOWNSHIP OR ITS ASSIGNS, THE PROPERTY
20 MAY BE DISPOSED OF IN ACCORDANCE WITH SECTION 2406-A OF THE ACT
21 OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
22 CODE OF 1929.
23 (H) REPEAL.--SECTION 3 OF THE ACT OF DECEMBER 19, 1997
24 (P.L.623, NO.66) ENTITLED, "AN ACT AUTHORIZING AND DIRECTING THE
25 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
26 GOVERNOR, TO GRANT AND CONVEY TO THE CITY OF MCKEESPORT A TRACT
27 OF LAND SITUATE IN THE SEVENTH WARD, CITY OF MCKEESPORT,
28 ALLEGHENY COUNTY, AND TO SELL AND CONVEY TO SMITHFIELD TOWNSHIP
29 CERTAIN LAND SITUATE IN THE TOWNSHIP OF SMITHFIELD, HUNTINGDON
30 COUNTY; AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
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1 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TRACTS OF
2 LAND AND BUILDINGS, CONSISTING OF A PORTION OF THE FORMER
3 LAURELTON CENTER, LOCATED IN HARTLEY TOWNSHIP, UNION COUNTY,
4 PENNSYLVANIA," IS REPEALED.
5 Section 5 3. This act shall take effect immediately. <--
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