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                                                       PRINTER'S NO. 234

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 209 Session of 1999


        INTRODUCED BY DENT AND BOSCOLA, JANUARY 26, 1999

        REFERRED TO STATE GOVERNMENT, JANUARY 26, 1999

                                     AN ACT

     1  Authorizing the Department of General Services, with the
     2     approval of the Governor, to convey to East Allen Township,
     3     Northampton County, certain land situate in East Allen
     4     Township, Northampton County.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  (a)  Authorization.--The Department of General
     8  Services, with the approval of the Governor, is hereby
     9  authorized and directed on behalf of the Commonwealth of
    10  Pennsylvania to grant and convey to East Allen Township the
    11  tract of land described in subsection (b), as dedication of land
    12  in lieu of payment of the full amount that could be assessed
    13  against the Department of General Services as set forth in
    14  Section 1007 of the East Allen Township Subdivision and Land
    15  Development Ordinance.
    16     (b)  Description.--The property to be conveyed pursuant to
    17  subsection (a) is the following tract of land situate in East
    18  Allen Township, Northampton County, bounded and described as


     1  follows:
     2  BEGINNING at a point at the intersection of the center line of
     3  Weaversville Road (SR 3017) and the center line of Colony Drive
     4  (T-437) at the Southeast corner of the property herein
     5  described, thence
     6  (1.) South 54 degrees 38 minutes 40 seconds West along the
     7  dividing line of the Parcel herein described and Parcel VI of
     8  the Allentown State Farm for a distance of 870.00 feet to a
     9  concrete monument;
    10  (2.) North 33 degrees 47 minutes 40 seconds West along the
    11  dividing line of the parcel herein described and Parcel VI of
    12  the Allentown State Farm for a distance of 624.49 feet to a
    13  concrete monument;
    14  (3.) North 57 degrees 01 minutes 07 seconds East along the
    15  dividing line of the parcel herein described and lands now or
    16  formerly of Northampton County for a distance of 517.79 feet to
    17  a concrete monument;
    18  (4.) North 21 degrees 32 minutes 31 seconds East along the
    19  dividing line of the parcel herein described and lands now or
    20  formerly of Northampton County for a distance of 52.51 feet to a
    21  concrete monument;
    22  (5.) North 63 degrees 21 minutes 08 seconds along the dividing
    23  line of the parcel herein described and lands now or formerly of
    24  Northampton County for a distance of 299.92 feet to center line
    25  of Weaversville Road (SR 3017);
    26  (6.) South 36 degrees 11 minutes 04 seconds East along the
    27  center line of Weaversville Road (SR 3017) for a distance of
    28  181.18 feet to a point;
    29  (7.) South 33 degrees 49 minutes 30 seconds East along the
    30  center line of Weaversville Road (SR 3017) for a distance of
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     1  277.49 feet to a point;
     2  (8.) South 35 degrees 20 minutes 50 seconds along the center
     3  line of Weaversville Road (SR 3017) for a distance of 127.53
     4  feet to a point; said being the point of beginning.
     5     CONTAINING an area of 12.16 acres as per survey of Kurtanich
     6  Engineers & Associates, Inc, Hermitage, PA dated May 5, 1997.
     7  Revised April 28, 1998.
     8     (c)  Easements.--The conveyance shall be made under and
     9  subject to all easements, and rights of others, including, but
    10  not confined to, streets, roadways and rights of any telephone,
    11  telegraph, cable, water, electric, sewer, gas or pipeline
    12  companies, as well as under and subject to any interest, estates
    13  or tenencies vested in third persons, whether or not appearing
    14  of record, for any portion of land or improvements erected
    15  thereon.
    16     (d)  Execution.--The deed of conveyance shall be approved as
    17  provided by law and shall be executed by the Secretary of
    18  General Services in the name of the Commonwealth of
    19  Pennsylvania. Within two (2) years of this conveyance, East
    20  Allen Township shall have the right of declaring in writing in
    21  the form of notice sent to the Department of General Services,
    22  Bureau of Real Estate, 505 North Office Building, Harrisburg, PA
    23  17125, a reversion of the property to the Department of General
    24  Services in the event that East Allen Township determines that
    25  there are environmental problems, not originating during East
    26  Allen Township ownership, for which it chooses not to undertake
    27  abatement and/or remediation of those problems. In the event the
    28  property reverts to Commonwealth of Pennsylvania within two
    29  years of this conveyance:
    30     1.  East Allen Township shall assume financial responsibility
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     1  for any costs of restoring the Premises to the condition it was
     2  in at the time of this transfer, if the Premises are damaged as
     3  a result of East Allen Township's use thereof, ordinary wear and
     4  tear excluded. Costs shall include, but not be limited to,
     5  remediation of environmental contamination, if any, resulting
     6  from East Allen Township's use thereof; and
     7     2.  The Department of General Services will not be
     8  responsible for any fees that were nullified by the dedication
     9  of land in lieu of payment as set forth in Section 1007 of East
    10  Allen Township Subdivision and Land Development Ordinance; and
    11     3.  At the discretion of the Secretary of General Services,
    12  the property shall be offered for sale through auction, sealed
    13  bid or request for proposal, under terms of Act of April 9, 1929
    14  (P.L.177, No.175), known as The Administrative Code of 1929, and
    15  conditions in Section 2405-A of the Administrative Code of 1929
    16  authorizing the conveyance of the herein noted property to East
    17  Allen Township shall automatically cease and become null and
    18  void.
    19     (e)  Costs.--All other costs and fees, including, but not
    20  limited to, appraisal fees, title insurance, and surveys,
    21  incidental to this conveyance shall be borne by the Grantee.
    22     Section 2.  This act shall take effect immediately.






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