PRINTER'S NO. 2078
No. 1487 Session of 2000
INTRODUCED BY KASUNIC, JUNE 19, 2000
REFERRED TO STATE GOVERNMENT, JUNE 19, 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 20000S1487B2078 - 2 -
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 the grantee will pay the Commonwealth either one-half of 10 the proceeds from the sale of the property by the grantee to any 11 third party or $100,000, whichever is greater. If at anytime the 12 grantee or its successor in function conveys the property 13 without paying the Commonwealth one-half of the sale proceeds or 14 $100,000, whichever is greater, the property shall immediately 15 revert to and revest in the Commonwealth of Pennsylvania. This 16 clause shall extinguish ten years after the execution date of 17 the deed of conveyance from the Commonwealth to the County of 18 Fayette. 19 (b) Development or construction.--The deed of conveyance 20 shall contain a clause that requires the grantee to contact the 21 State Historic Preservation Officer prior to land development or 22 construction. 23 Section 5. Execution of deed. 24 The deed of conveyance shall be approved as provided by law 25 and shall be executed by the Secretary of General Services in 26 the name of the Commonwealth of Pennsylvania. In the event that 27 this conveyance is not executed within 12 months of the 28 effective date of this act, the property shall be disposed of in 29 accordance with Article XXIV-A of the act of April 9, 1929 30 (P.L.177, No.175), known as The Administrative Code of 1929. 20000S1487B2078 - 3 -
1 Section 6. Costs and fees. 2 Costs and fees incidental to the conveyance shall be borne by 3 the grantee. 4 Section 7. Effective date. 5 This act shall take effect immediately. C6L85WMB/20000S1487B2078 - 4 -