Pennsylvania Act 2002-194 — CONVEYANCE - COMMONWEALTH PROPERTY IN ALLEGHENY, CENTRE, CHESTER, CRAWFORD AND TIOGA COUNTIES

Act text

Session of 2002

No. 2002-194

HB 2924

AN ACT

Amending the act of December 11, 1986 (P.L.1508, No.163), entitled "An act authorizing and directing the Department of General Services, with the approval of the Governor, to convey to Emsworth Borough 7.5 acres of land, more or less, situate in Kilbuck Township, Allegheny County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Agriculture, to convey to the County of Chester 230.693 acres of land, more or less, situate in Newlin and West Bradford Townships, Chester County, Pennsylvania; authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to convey to North Penn Comprehensive Health Services 8.7 acres of land, more or less, situate in the Borough of Blossburg, Tioga County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Environmental Resources, to convey to Gilbert Collussy, Lena M. Collussy, James T. Dresher and Virginia M. Dresher, a tract of land situate in North Shenango Township, Crawford County, Pennsylvania, in exchange for a tract of land in the same township, and for other consideration; and authorizing and directing the Department of General Services, with the approval of the Governor and the Departments of Environmental Resources and Transportation, to convey to the Mid-State Regional Airport Authority a tract of land situate in Rush Township, Centre County, Pennsylvania," further providing for deed of conveyance; and providing for conveyance in West Bradford Township, Chester County, Pennsylvania.

Compiler's Note: The Department of Public Welfare, referred to in this act, was redesignated as the Department of Human Services by Act 132 of 2014.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title and section 2(b) of the act of December 11, 1986 (P.L.1508, No.163), entitled "An act authorizing and directing the Department of General Services, with the approval of the Governor, to convey to Emsworth Borough 7.5 acres of land, more or less, situate in Kilbuck Township, Allegheny County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Agriculture, to convey to the County of Chester 230.693 acres of land, more or less, situate in Newlin and West Bradford Townships, Chester County, Pennsylvania; authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to convey to North Penn Comprehensive Health Services 8.7 acres of land, more or less, situate in the Borough of Blossburg, Tioga County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Environmental Resources, to convey to Gilbert Collussy, Lena M. Collussy, James T. Dresher and Virginia M. Dresher, a tract of land situate in North Shenango Township, Crawford County, Pennsylvania, in exchange for a tract of land in the same township, and for other consideration; and authorizing and directing the Department of General Services, with the approval of the Governor and the Departments of Environmental Resources and Transportation, to convey to the Mid-State Regional Airport Authority a tract of land situate in Rush Township, Centre County, Pennsylvania," are amended to read:

AN ACT

Authorizing and directing the Department of General Services, with the approval of the Governor, to convey to Emsworth Borough 7.5 acres of land, more or less, situate in Kilbuck Township, Allegheny County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Agriculture, to convey to the County of Chester 230.693 acres of land, more or less, situate in Newlin and West Bradford Townships, Chester County, Pennsylvania; authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to convey to North Penn Comprehensive Health Services 8.7 acres of land, more or less, situate in the Borough of Blossburg, Tioga County, Pennsylvania; authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Environmental Resources, to convey to Gilbert Collussy, Lena M. Collussy, James T. Dresher and Virginia M. Dresher, a tract of land situate in North Shenango Township, Crawford County, Pennsylvania, in exchange for a tract of land in the same township, and for other consideration; [and] authorizing and directing the Department of General Services, with the approval of the Governor and the Departments of Environmental Resources and Transportation, to convey to the Mid-State Regional Airport Authority a tract of land situate in Rush Township, Centre County, Pennsylvania ; and authorizing the Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, to sell and convey to West Bradford Township a tract of land situate in West Bradford Township, Chester County .

Section 2. * * *

(b) The deed of conveyance shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes and that the existing improvements upon the lands may be renovated and utilized for county and local government programs and services and, if at any time the county or its successor in function conveys the property to any entity other than West Bradford Township or permits the property to be used for any purpose other than those specified in this section, the title to the property shall immediately revert to and revest in the Commonwealth of Pennsylvania. The deed of conveyance from Chester County to West Bradford Township shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes with approximately 25% of the property conveyed to be enhanced by West Bradford Township with a wastewater spray irrigation system with appurtenances to facilitate groundwater recharge and to provide permanent green open space, and, if at any time West Bradford Township or its successors in function conveys the property or authorizes or permits the property to be used for any purpose other than those mentioned in this section, the title to the property shall immediately revert to and revest in the Commonwealth.

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Section 2. The act is amended by adding a section to read:

Section 5.1 (a) The Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, is hereby authorized to convey, subject to subsection (c)(2), to West Bradford Township for fair consideration 12.83 acres of land, more or less, situate in West Bradford Township, Chester County, Pennsylvania, bounded and described as follows:

ALL THAT CERTAIN tract of unimproved land situated on the north side of Telegraph Road (S.R.0162) in West Bradford Township, County of Chester and Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING AT a point in the centerline of Telegraph Road (S.R.0162) said point being the southeasterly corner of remaining land of the Commonwealth of Pennsylvania; thence leaving the road and along the remaining land of the Commonwealth of Pennsylvania, the following two courses and distances: (1) North 1 degree 46 minutes 36 seconds West, 748.11 feet to a 1/4 inch rebar; and (2) North 5 degrees 11 minutes 29 seconds West, 701.96 feet to a 1/4 inch iron pipe found at the northwesterly corner of land of the County of Chester; thence along land of the County of Chester, the following four (4) courses and distances: (3) South 20 degrees 24 minutes 46 seconds East, 444.30 feet to a point; (4) South 67 degrees 01 minutes 20 seconds East, 373.41 feet to a point; (5) South 37 degrees 40 minutes 34 seconds East, 467.71 feet to a point; and (6) South 26 degrees 13 minutes 59 seconds West, 479.45 feet to a point in the centerline of Telegraph Road (S.R.0163); thence (7) along the centerline of Telegraph Road (S.R.0162), South 80 degrees 08 minutes 53 seconds West, 493.19 feet to the point of beginning.

CONTAINING: 12.83 Acres.

(b) The conveyance authorized by this section shall be made 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, cable, water, electric, sewer, gas or pipeline companies, as well as under and subject to any lawful and enforceable interest, estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.

(c) (1) The deed of conveyance authorized by this section shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(2) In the event that this conveyance is not executed within 60 months of the effective date of this section, the Secretary of General Services' authorization to convey the property under subsection (a) shall terminate.

(d) Cost and fees incidental to the conveyance authorized by this section shall be borne by the grantees.

Section 3. This act shall take effect immediately.

APPROVED--The 9th day of December, A. D. 2002.

MARK S. SCHWEIKER