Regular Session 2021-2022 House Bill 2496 P.N. 3234

SENATE AMENDED

PRIOR PRINTER'S NOS. 2947, 2992

PRINTER'S NO. 3234

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2496

Session of

2022

INTRODUCED BY BOBACK, PICKETT AND MILLARD, APRIL 7, 2022

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 13, 2022

AN ACT

Authorizing THE RELEASE OF A RESTRICTION ON THE USE OF PROPERTY

IN PHILADELPHIA COUNTY; AUTHORIZING the Department of General

Services, with the approval of the Department of Agriculture

and the Governor, to grant and convey to Wyoming County,

certain lands and improvements situate in the Township of

Tunkhannock, Wyoming County; and authorizing the Department

of General Services, with the approval of the Department of

Corrections and the Governor, to grant and convey to John

Bradley Wimer, certain lands, buildings and improvements

situate in the City of Pittsburgh, Allegheny County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

SECTION 1. AUTHORIZATION FOR RELEASE OF RESTRICTION IN

PHILADELPHIA COUNTY.

(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH

THE APPROVAL OF THE GOVERNOR, IS AUTHORIZED ON BEHALF OF THE

COMMONWEALTH OF PENNSYLVANIA TO RELEASE A USE RESTRICTION AND

ASSOCIATED REVERSIONARY INTEREST AFFECTING CERTAIN REAL PROPERTY

PREVIOUSLY CONVEYED TO 900 NORTH BROAD STREET CORPORATION BY THE

COMMONWEALTH OF PENNSYLVANIA UNDER SECTION 8 OF ACT 96, ON THE

TERMS, CONDITIONS AND FOR THE CONSIDERATION AS IS ACCEPTABLE TO

THE SECRETARY OF GENERAL SERVICES. THE USE RESTRICTION AND

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ASSOCIATED REVERSIONARY INTEREST TO BE RELEASED IS SPECIFICALLY

SET FORTH UNDER SECTION 8(C) OF ACT 96.

(B) PROPERTY DESCRIPTION.--THE USE RESTRICTION AND

ASSOCIATED REVERSIONARY INTEREST REFERENCED UNDER SUBSECTION (A)

AFFECTS A TRACT OF LAND SITUATE IN THE CITY OF PHILADELPHIA,

COUNTY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA, BOUNDED

AND DESCRIBED AS FOLLOWS:

ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS

AND IMPROVEMENTS THEREON ERECTED DESCRIBED ACCORDING TO A SURVEY

AND PLAN THEREOF MADE BY WILLIAM K. CARLILE, ESQ., SURVEY AND

REGULATOR OF THE 7TH DISTRICT, ON JANUARY 20, 1916, AS FOLLOWS:

SITUATE ON THE WEST SIDE OF BROAD STREET, AS WIDENED TO 113

FEET, AND THE NORTH SIDE OF POPLAR STREET, AS WIDENED TO 60

FEET, IN THE 47TH WARD OF THE CITY OF PHILADELPHIA.

CONTAINING IN FRONT OR BREADTH ON BROAD STREET 65 FEET AND

EXTENDING THAT WIDTH IN LENGTH OR DEPTH WESTWARD ALONG POPLAR

STREET 160 FEET TO A 40-FOOT WIDE STREET CALLED CARLISLE STREET.

THE RESTRICTION AND REVERSIONARY INTEREST REFERENCED UNDER

SUBSECTION (A) IS AS FOLLOWS:

"UNDER AND SUBJECT TO THE CONDITION WHICH PROHIBITS THE

GRANTEE OR ANY SUCCESSOR IN TITLE FROM USING THE PROPERTY

CONVEYED AS A HOMELESS SHELTER; THE PROPERTY SHALL REVERT TO THE

COMMONWEALTH OF PENNSYLVANIA UPON FAILURE OF THE GRANTEE OR ANY

SUCCESSOR IN TITLE TO COMPLY WITH THIS RESTRICTIVE USE."

(D) LEGAL INSTRUMENTS.--ANY LEGAL INSTRUMENT NECESSARY TO

RELEASE THE USE RESTRICTION AND REVERSIONARY INTEREST UNDER THIS

SECTION SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES

IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.

(E) COSTS AND FEES.--ANY COSTS AND FEES INCIDENTAL TO THE

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RELEASE AUTHORIZED UNDER THIS SECTION SHALL BE BORNE BY 900

NORTH BROAD CORPORATION.

(F) PROCEEDS.--PROCEEDS RECEIVED BY THE DEPARTMENT OF

GENERAL SERVICES FOR THE RELEASE AUTHORIZED UNDER THIS SECTION

SHALL BE DEPOSITED INTO THE GENERAL FUND.

(G) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ACT 96"

SHALL MEAN THE ACT OF JULY 11, 1996 (P.L.545, NO.96), ENTITLED

"AN ACT PROVIDING FOR THE TRANSFER OF CERTAIN ROADWAYS BETWEEN

THE COUNTY OF LACKAWANNA AND THE DEPARTMENT OF TRANSPORTATION

AND FOR THE ADOPTION OF TOWNSHIP ROAD 632 IN SUSQUEHANNA COUNTY

AS A STATE HIGHWAY; DIRECTING THE DEPARTMENT OF TRANSPORTATION

TO TRANSFER A PORTION OF MACLAY STREET IN THE CITY OF HARRISBURG

TO THE CITY OF HARRISBURG AND TO ASSUME TEMPORARY RESPONSIBILITY

FOR THE PAXTANG PARKWAY IN THE BOROUGH OF PAXTANG AND THE

TOWNSHIP OF SWATARA FROM THE CITY OF HARRISBURG; PROVIDING FOR

THE TRANSFER OF A ROADWAY FROM THE BOROUGH OF WORMLEYSBURG,

CUMBERLAND COUNTY, TO THE DEPARTMENT OF TRANSPORTATION;

AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,

WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WELFARE AND THE

GOVERNOR, TO CONVEY TO THE 900 NORTH BROAD CORPORATION CERTAIN

REAL ESTATE SITUATE IN THE CITY AND COUNTY OF PHILADELPHIA AND

THE COMMONWEALTH OF PENNSYLVANIA; AND MAKING REPEALS."

Section 1 2. Conveyance in Township of Tunkhannock, Wyoming

County.

(a) Authorization for conveyance.--The Department of General

Services, with the approval of the Department of Agriculture and

the Governor, is hereby authorized on behalf of the Commonwealth

of Pennsylvania to grant and convey to Wyoming County, the

following tract of land together with any buildings, structures

or improvements thereon, situate in the Township of Tunkhannock,

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Wyoming County, for $125,000, under terms and condition to be

established in an agreement of sale.

(b) Property description.--The property to be conveyed

pursuant to subsection (a) consists of a tract of approximately

10.268 acres, including all buildings, structures and

improvements located thereon, more particularly described as

follows:

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND in the Township

of Tunkhannock, County of Wyoming, and Commonwealth of

Pennsylvania, bounded and described as follows:

Beginning at a stake situate at the intersection of the

common boundary line of lands now or formerly of Frank P.

Truskalaski and the lands herein described and the west line of

State Highway Route #92, thence along the west line of State

Highway Route #92, South 5 degrees 40 minutes East Five Hundred

(500') feet to a stake; thence along the line of lands now or

formerly of the Tunkhannock Industrial Foundation South 84

degrees 18 minutes West Nine Hundred Eighty-four and Ten-

Hundredths (984.10) feet to a stake in the east line of the

Lehigh Valley Railroad; thence along the east line of the Lehigh

Valley Railroad North 31 degrees 13 minutes West Three Hundred

Sixty-four and Fifty-five Hundredths (364.55') feet to a stake,

said stake being Southeast Five Hundred Thirty-five (535') feet

along the Lehigh Valley Railroad lands from the Northwest corner

of the lands now or formerly of Frank P. Truskalaski, thence

along the lands now or formerly of Frank P. Truskalaski North 75

degrees 47 minutes East One Thousand One Hundred Fifty-four and

Twenty Hundredths (1154.20) feet to a stake in the West line of

State Highway Route #92, the place of beginning.

BEING Tax Parcel No. 26-051-0-111-00-00-00.

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BEING the same premises conveyed by The General State

Authority to the Commonwealth of Pennsylvania by deed dated June

16, 1989 and recorded January 12, 1990, in Wyoming County in

Deed Book Volume 256, Page 795.

under and subject to all lawful and enforceable easements,

servitudes and rights of others, including, but not confined to

streets, roadways and rights of any telephone, telegraph, water,

electric, gas or pipeline companies, as well as under and

subject to any lawful and enforceable estates or tenancies

vested in third persons appearing of record, for any portion of

the land or improvements erected thereon.

(d) Condition.--Any conveyance authorized under this section

shall be made under and subject to the condition, which shall be

included in the deed of conveyance, that no portion of the

property conveyed shall be used as a "licensed facility," as

that term is defined in 4 Pa.C.S. § 1103 (relating to

definitions), or any similar type of facility authorized under

State law. The condition shall be a covenant running with the

land and shall be binding upon the grantee and its successors

and assigns. Should the grantee, its successors or assigns,

permit any portion of the property authorized to be conveyed in

this section to be used in violation of this subsection, the

title shall immediately revert to and revest in the grantor.

(e) Deed.--The conveyance shall be made by special warranty

deed to be executed by the Secretary of General Services in the

name of the Commonwealth of Pennsylvania.

(f) Covenants, conditions and restrictions.--The Secretary

of General Services may impose any covenants, conditions or

restrictions on the property described in subsection (b) at

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settlement as determined to be in the best interests of the

Commonwealth.

(g) Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

(h) Alternate disposition.--In the event that the conveyance

authorized in this section is not completed within one year

after the effective date of this section, the authority to

convey the property to Wyoming County as set forth in subsection

(a) shall expire, and the property may be disposed of in

accordance with Article XXIV-A of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

(i) Proceeds.--The proceeds from the sale shall be deposited

into the General Fund.

Section 2 3. Conveyance in City of Pittsburgh, Allegheny

County.

(a) Authorization.--The Department of General Services, with

the approval of the Department of Corrections and the Governor,

is hereby authorized on behalf of the Commonwealth of

Pennsylvania to grant and convey the following tracts of land,

together with any buildings, structures or improvements thereon,

situate in the City of Pittsburgh, Allegheny County, to John

Bradley Wimer for $140,000, under terms and conditions to be

established in an agreement of sale.

(b) Property description.--The property to be conveyed

pursuant to subsection (a) consists of two tracts totaling

approximately 0.16 acre of land, including all buildings,

structures and improvements located thereon, more particularly

described as follows:

ALL THOSE CERTAIN LOTS OR PIECES OF GROUND situate in the

27th Ward of the City of Pittsburgh (formerly 11th Ward of the

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City of Allegheny), County of Allegheny, and Commonwealth of

Pennsylvania, being part of Lot No. 20 in Michael Geyer Heirs

Plan No. 2, as the same is recorded in the Recorder's Office of

Allegheny County in Plan Book Volume 19, page 177, being bounded

and described as follows, to wit:

BEGINNING at a point on the Westerly side of Shadeland

(formerly Geyer) Avenue at the dividing line between Lots Nos.

21 and 20 in said plan; thence along said Westerly side of

Shadeland Avenue, South 8 degrees 15 minutes East, a distance of

49.0 feet to a point; thence South 81 degrees 45 minutes West,

and parallel with the dividing line between said Lots Nos. 21

and 20, a distance of 125 feet to a point; thence North 6

degrees 15 minutes West and parallel with said Shadeland Avenue,

a distance of 49.0 feet to the dividing line between Lots Nos.

21 and 20 in said Plan; and thence North 81 degrees 45 minutes

East, along the dividing line between Lots Nos. 21 and 20, a

distance of 125 feet to the place of beginning.

BEGINNING at a point at the intersection of Lots Nos. 2, 3,

20 and 21 in said Plan said point being distant 142.5 feet

Eastwardly measured along the dividing line between Lots Nos. 2

and 3 in said plan from the Easterly side of McClure Avenue;

thence along the dividing line between Lots Nos. 20 and 21 in

said plan; Eastwardly, 17.5 feet to line of land of Lenore

Schwerd Getty; thence along said land, Southwardly, 49.0 feet to

line of land of Irene Schwerd Fisher; thence along said land,

parallel with the dividing line between Lots Nos. 20 and 21 in

said Plan, Westwardly 17.5 feet to the dividing line between

Lots Nos. 3 and 20 in said Plan; thence along said dividing

line, Northwardly, 49.0 feet to the place of beginning.

THE above two described parcels together make a lot 49 feet,

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more or less, fronting on the Westerly side of Shadeland Avenue

and extending back therefrom a uniform width of 49 feet to a

uniform depth of 142.5 feet, and having erected thereon a two

and one-half story brick building on the Easterly portion and a

stucco garage on the Westerly portion thereof, said lot in its

entirety being designated as Block No. 75-D, Lot No. 136 in the

Allegheny County Deed Registry records.

Under and subject to a driveway agreement of an entire width

totaling 7 ½ feet with its center line being the boundary line

of the South side of the lot herein conveyed and the North side

or boundary of land now or formerly owned by I.S. Fisher, as

provided in the said agreement between Irene Schwerd Fisher,

widow, and Lenora Schwerd Getty, also known as Lenore Schwerd

Getty, widow, dated March 15, 1947, and recorded in Allegheny

County Deed Book Volume 2949, at Pate 69.

Being the same premises conveyed by James J. Carson, a single

man, and Margaret Hall-Owens Carson, widow, to the Commonwealth

of Pennsylvania by deed dated June 2,1952 and recorded at the

Office of the Recorder of Deeds of Allegheny County at Deed Book

Volume 3172 Page 709.

BEING Tax Parcel No. 75-D-136.

subject to all lawful and enforceable easements, servitudes and

rights of others, including, but not confined to, streets,

roadways and rights of any telephone, telegraph, water,

electric, gas or pipeline companies, as well as under and

subject to any lawful and enforceable estates or tenancies

vested in third persons appearing of record, for any portion of

the land or improvements erected thereon.

(d) Restriction.--Any conveyance authorized under this

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section shall be made under and subject to the condition, which

shall be contained in the deed of conveyance, that no portion of

the property conveyed shall be used as a licensed facility, as

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

other similar type of facility authorized under State law. The

condition shall be a covenant running with the land and shall be

binding upon the grantee and its successors and assigns. Should

the grantee, its successors or assigns, permit any portion of

the property authorized to be conveyed in this section to be

used in violation of this subsection, the title shall

immediately revert to and revest in the grantor.

(e) Deed of conveyance.--The conveyance shall be by special

warranty deed to be executed by the Secretary of General

Services in the name of the Commonwealth of Pennsylvania.

(f) Covenants, conditions and restrictions.--The Secretary

of General Services may impose any covenants, conditions or

restrictions on the property described in subsection (b) at

settlement as determined to be in the best interests of the

Commonwealth.

(g) Alternate disposition.--In the event that the conveyance

authorized herein is not completed within one year after the

effective date of this subsection, the authority to convey the

property to John Bradley Wimer as set forth in subsection (a)

shall expire, and the property may be disposed of in accordance

with section 2405-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929.

(h) Proceeds.--The proceeds from the sale shall be deposited

into the General Fund.

Section 3 4. Effective date.

This act shall take effect immediately.

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