Pennsylvania Act 2018-128 — CONVEYANCE - COMMONWEATH PROPERTY IN MULTIPLE COUNTIES

Act text

An Act

Authorizing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, to grant and convey to the Pennhurst Memorial Preservation Alliance, or its assigns, a certain tract of land with certain improvements on it situate in East Vincent Township, Chester County; authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to 812 Market, Inc., or its assigns, certain lands and improvements situate in the City of Harrisburg, Dauphin County; authorizing the Department of Transportation, with the approval of the Governor, to grant and convey to Two Farms Inc., certain lands situate in the Collegeville Borough, Montgomery County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate in the Borough of Chambersburg, Franklin County; authorizing the Department of General Services, with the approval of the Department of Transportation and the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate partially in the 6th Ward City of Washington and situate partially in South Strabane Township, Washington County; and authorizing the Department of General Services, with the approval of the Pennsylvania Historical and Museum Commission and the Governor, to grant and convey to Jose L. Ramos and Lisa Ramos, husband and wife, certain lands situate in the Township of Whitemarsh, Montgomery County.

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

Section 1. Conveyance in East Vincent Township, Chester County.

(a) Authorization.--The Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the Pennhurst Memorial Preservation Alliance, or its assigns, a certain tract of land with certain improvements on it situate in East Vincent Township, Chester County, for fair market value as established by an independent appraisal.

(b) Description.--The property to be conveyed under this section is more particularly described as follows:

ALL THAT CERTAIN tract of land situated on the northeast corner of the intersection of Veterans Drive and Pennhurst Road (extended), in the Township of East Vincent, County of Chester and Commonwealth of Pennsylvania, being approximately 3.83 acres bounded and more particularly described as follows:

BEGINNING at a point in Pennhurst Road (extended), a corner of lands of now or formerly Pennhurst Acquisition LP and the Commonwealth of Pennsylvania;

THENCE leaving said road in a southeasterly direction and along lands of now or formerly Pennhurst Acquisition LP, South 74 degrees 38 minutes 01 seconds East, 294.73 feet, to a point along lands of now or formerly Pennhurst Acquisition LP;

THENCE moving southerly, away from lands now or formerly Pennhurst Acquisition LP and along lands of the Commonwealth of Pennsylvania, South 4 degrees 37 minutes 35 seconds East, 145.59 feet to a point along the western side of an existing stone driveway;

THENCE following the western side of the stone driveway and along lands now or formerly of The Commonwealth of Pennsylvania, South 6 degrees 19 minutes 22 seconds East, 88.62 feet to a point along the northern edge of Veterans Drive;

THENCE along Veterans drive moving westerly, South 79 degrees 56 minutes 54 seconds West, 435.16 feet to a point; thence continuing along Veterans Drive, South 80 degrees 39 minutes 01 second West, 109.60 feet to a point; thence continuing along Veterans Drive, South 78 degrees 18 minutes 00 seconds West, 86.45 feet to a point along the southern side of a stone wall and near the intersection Veterans Drive and Pennhurst Road;

THENCE continuing along the aforementioned stone wall, South 85 degrees 16 minutes 41 seconds West, 7.75 feet to a point; thence continuing northwesterly, along the aforementioned stone wall, by a line curving to the right having a radius of 26.59 feet, an arc length of 42.46 feet and a chord bearing of North 43 degrees 41 minutes 04 seconds West, a chord distance of 38.09 feet to a point;

THENCE continuing along the west side of the aforementioned stone wall and also along the eastern edge of Pennhurst Road (extended) the following ten (10) courses and distances: (1) North 06 degrees 58 minutes 31 seconds East, 10.42 feet to a point; (2) North 16 degrees 14 minutes 58 seconds East, 13.71 feet to a point; (3) North 23 degrees 39 minutes 08 seconds East, 27.00 feet to a point; (4) North 34 degrees 40 minutes 40 seconds East, 83.50 feet to a point; (5) North 36 degrees 20 minutes 06 seconds East, 26.32 feet to a point; (6) North 43 degrees 10 minutes 50 seconds East, 44.60 feet to a point; (7) in northeasterly direction by a line curving to the right having a radius of 1,212.11 feet, an arc length of 72.01 feet, a chord bearing of North 46 degrees 47 minutes 01 seconds East, a chord distance of 71.99 feet to a point; (8) North 47 degrees 48 minutes 03 seconds East, 57.96 feet to a point; (9) North 43 degrees 08 minutes 03 seconds East, 29.88 feet to a point; (9) North 47 degrees 07 minutes 44 seconds East, 18.89 feet to a point; (10) North 50 degrees 31 minutes 12 seconds East, 47.92 feet to a point;

THENCE gradually moving northeasterly into aforementioned Pennhurst Road (extended) North 45 degrees 40 minutes 09 seconds East, 102.60 feet to the POINT and PLACE of BEGINNING, CONTAINING 3.83 acres more or less.

(c) Conditions.--The conveyance 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, 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) Restrictive covenant.--The deed of conveyance shall contain restrictive covenants as the Secretary of General Services may deem necessary to ensure the historical preservation and interpretation of the property.

(e) Easements.--The Secretary of General Services is authorized to reserve or grant any easements on either the lands to be conveyed herein or the residual lands of the Commonwealth surrounding the property to be conveyed, known as the Southeastern Pennsylvania Veterans Center, that may be useful or necessary to effectuate this conveyance.

(f) Local land use controls.--The conveyance authorized by this act shall be exempt from the provisions of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, and all local land use controls, including, but not limited to, East Vincent Township's Subdivision and Land Development Ordinance and Zoning Ordinance.

(g) Execution.--The conveyance shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(h) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(i) Expiration.--If this conveyance is not fully executed within two years of the effective date of this section, the authority contained in this section shall expire.

Section 2. Conveyance in the City of Harrisburg, Dauphin County.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to 812 Market, Inc., or its assigns, certain land together with any improvements thereon, situate in the City of Harrisburg, Dauphin County, for $1.00.

(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of approximately 0.49 acres of land and improvements thereon, bounded and more particularly described as follows:

ALL THAT CERTAIN lot, parcel, tract or piece of land situate in the City of Harrisburg, County of Dauphin, as shown on a corrected plan of the General State Authority, dated February 17, 1965, bounded and described as follows:

BEGINNING at the Northwest corner of 10th and Market Streets; thence along the North Side of Market Street in a Southwesterly direction for a distance of 65.05 feet, more or less, thence in a Northwesterly direction for a distance of 102.75 feet, more or less, thence in a Westerly direction for a distance of 57.41 feet, more or less to the East Side of Ninth Street, thence Northwardly along the East Side of Ninth Street for a distance of 113.20 feet more or less, thence in an Easterly direction for a distance of 141.70 feet more or less, thence in a Southwardly direction for a distance of 196.67 feet more or less to the place of BEGINNING.

CONTAINING 0.49-acres, more or less.

BEING a portion the same property that was conveyed by the General State Authority in its deed to the Commonwealth of Pennsylvania, acting by and through the Department of General Services, dated June 16, 1989 and recorded in the Dauphin County Recorder of Deeds Office in Deed Book 1520 at Page 556 (Parcel #26).

(c) Conditions of conveyance.--The conveyance 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, 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) Deed.--The deed of conveyance shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(e) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(f) Alternative disposition.--In the event that the conveyance authorized herein is not effectuated within two years of the effective date of this act, 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.

Section 3. Conveyance in Collegeville Borough, Montgomery County.

(a) Authorization.--The Department of Transportation, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to enter into a land transfer with Two Farms, Inc., on certain land situate in the Collegeville Borough, Montgomery County, as described in subsection (b) for fair market value based on an appraisal or based on other agency policies pertaining to dispositions and under terms and conditions to be established in an Agreement of Sale.

(b) Property description.--The property to be conveyed to Two Farms, Inc., includes the following two parcels:

(1) A parcel containing a calculated area of 11,252 square feet or 0.2583 acres of land, more or less that is subject to easements and restrictions of record, if any, and begins at a point along the southwesterly right of way of Main Street (Width Varies) (SR 4031), said point being located 52.85 feet from the PennDOT right of way baseline, said point being along the common dividing line between lands now or formerly of PennDOT (Block 6 Unit 27) and lands now or formerly of PennDOT (Block 6 Unit 28);

THENCE, from said point of beginning, along the southwesterly right of way of said Main Street, North 61 degrees 00 minutes 43 seconds West, a distance of 99.31 feet to a point;

Thence along the lands now or formerly of Keybank NA (Block 6 Unit 26), North 28 degrees 12 minutes 38 seconds East, a distance of 110.60 feet to a point;

Thence along the lands now or formerly of Harleysville National Bank (Block 6 Unit 22), the following two (2) courses and distances:

1. South 66 degrees 44 minutes 53 seconds East, a distance of 31.91 feet to a point;

2. South 61 degrees 05 minutes 00 seconds East, a distance of 67.51 feet to a point;

Thence along the lands now or formerly of PennDOT (Block 6 Unit 28), South 28 degrees 12 minutes 38 seconds West, a distance of 113.88 feet to a point, said point being the first mentioned point and place of beginning.

(2) A parcel containing a calculated area of 4,067 square feet or 0.0934 acres of land, more or less that is subject to easements and restrictions of record, if any, and begins at a point along the southwesterly right of way line of Main Street (Width Varies) ultimate)(SR 0029), said point being located 52.85 feet from the PennDOT right of way baseline, said point being along the common dividing line between lands now or formerly of PennDOT (Block 6 Unit 27) and lands now or formerly of PennDOT (Block 6 Unit 28);

THENCE, from said point of beginning, along the lands of said PennDOT (Block 6 Unit 27), North 28 degrees 12 minutes 38 seconds East, a distance of 113.88 feet to a point;

Thence along the lands now or formerly of Keybank NA (Block 6 Unit 22), South 61 degrees 05 minutes 00 seconds East, a distance of 42.25 feet to a point;

Thence through the lands of said PennDOT (Block 6 Unit 28), the following three (3) courses and distances:

1. South 28 degrees 53 minutes 46 seconds West, a distance of 70.41 feet to a point;

2. South 64 degrees 06 minutes 37 seconds West, a distance of 53.19 feet to a point;

3. North 61 degrees 00 minutes 43 seconds West, a distance of 10.22 feet to a point, said point being the first mentioned point and place of beginning.

(c) Conditions.--The conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, including, but not confined to, streets and 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.--The conveyance 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 the laws of this Commonwealth. The condition shall be a covenant running with the land and shall be binding upon the grantee, 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 deed of conveyance shall be by quit claim deed and shall be executed by the Secretary of Transportation in the name of the Commonwealth of Pennsylvania.

(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.

(g) Deposit of proceeds.--Proceeds from the sale shall be deposited into the Motor License Fund.

Section 4. Conveyance in the Borough of Chambersburg, Franklin County.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey, at a price to be determined through a competitive bidding process, the following tract of land together with any buildings, structures or improvements thereon, situate in the Borough of Chambersburg, Franklin County.

(b) Property description.--The property to be conveyed under subsection (a) consists of a tract of land totaling approximately 6.045-acres, including all improvements located thereon, more particularly described as follows:

ALL THAT CERTAIN piece or parcel of land located in the Borough of Chambersburg, Franklin County, Pennsylvania, along former Township Route 485, known N/F as Jacob's Road, bounded and described as follows:

BEGINNING at an iron pin, which iron pin is 25 feet from the center line of said road and 220 feet west of the property line of the lot of N/F Daniel Miller; thence from the said point of beginning and along said TR-485 and 25 feet distant from the center thereof, north 67 degrees 15 minutes west, 440 feet to an iron pin; thence by other land of N/F Sunny Hill Development Corp., north 22 degrees 45 minutes east, 598.5 feet to an iron pin; thence south 67 degrees 15 minutes east, 440 feet to an iron pin; thence by the same, south 22 degrees 45 minutes west, 598.5 feet to an iron pin, the place of beginning. CONTAINING 6.045 acres, as shown by survey of Arrowood, Inc., dated April 1, 1968, Drawing No. 68 - 36, approved by the Planning and Zoning Commission of the Borough of Chambersburg, on the 30th day of April, 1968.

BEING UPI No. 04-1G02.-052A-000000

BEING the same premises the Sunny Hill Development Corp. conveyed to the General State Authority, by deed dated April 26, 1968 and recorded April 30, 1968, in Deed Book 625, Page 578, at the Franklin County Courthouse, in the Borough of Chambersburg, Franklin County.

ALSO BEING the same premises the General State Authority conveyed to the Commonwealth of Pennsylvania, by deed dated June 16, 1989 (tract 5. only) and recorded April 11, 1990, in Deed Book 1079, Page 284, at the Franklin County Courthouse, in the Borough of Chambersburg, Franklin County.

(c) Conditions.--The conveyance 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, 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) Deed.--The deed of conveyance shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(e) Proceeds.--The proceeds from the sale shall be deposited in the General Fund.

Section 5. Conveyance in 6th Ward City of Washington and South Strabane Township, Washington County. (5 repealed Nov. 25, 2020, P.L. , No.135)

Section 6. Conveyance in Township of Whitemarsh, Montgomery County.

(a) Authorization.--The Department of General Services, with the approval of the Pennsylvania Historical and Museum Commission and the Governor, is hereby authorized on behalf of the Commonwealth to grant and convey to Jose L. Ramos and Lisa Ramos, husband and wife, certain lands and any improvements thereon, for $230,000.00, the property being known locally as a portion of The Highlands, situate in the Township of Whitemarsh, Montgomery County.

(b) Property description.--The property to be conveyed under subsection (a) consists of approximately 3.4202 acres, and any improvements located thereon, situate in the Township of Whitemarsh, County of Montgomery, more particularly described as follows:

ALL THAT CERTAIN tract or piece of land, situate in the Township of Whitemarsh, County of Montgomery, Commonwealth of Pennsylvania, as shown on a Minor Subdivision/Lot Line Adjustment Plan, prepared by Nave, Newell, Inc., dated October 10, 2017, being the proposed area to be conveyed from Lot 1 to Lot 2, bounded and described as follows:

BEGINNING at a point at the north western corner of lands now or formerly of Andrew K. & Margarita Rooke, said point being a found monument, from said beginning point runs; thence through Existing Lot 1 being lands now or formerly of the Commonwealth of Pennsylvania,

(1) North 25° 54'00" West a distance of 168.94 feet to a monument to be set; thence, through the same,

(2) South 56° 58'27" West a distance of 87.78 feet to a monument to be set: thence, through the same,

(3) North 29° 56'26" West a distance of 229.31 feet to a monument to be set: thence, through the same,

(4) North 52° 40'37" East a distance of 10.40 feet to a monument to be set: thence, through the same,

(5) North 30° 00'52" West a distance of 205.17 feet to a monument to be set; thence, along the lands now or formerly of Dennis Alter,

(6) North 59° 16'39" East a distance of 5.03 feet to a set rebar: thence, along the same,

(7) North 60° 14'45" East a distance of 198.53 to a found pipe: thence, along the Existing Lot 2 being lands now or formerly of Jose L. and Lisa Ramos,

(8) South 42° 52'30" East a distance of 580.36 feet to a monument: thence, along the same lands now or formerly of Andrew K. and Margarita Rooke,

(9) South 52° 57'00" West a distance of 269.84 feet to a point: said point being said place of BEGINNING.

CONTAINING in area 148,982 square feet (3.4202 acres) more or less.

BEING a portion of Existing Lot 1, UPI #65-00-10609-00-9.

(c) Conditions.--The conveyance 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, 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) Gaming restriction.--Any conveyance authorized under this 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 the laws of this Commonwealth. The condition shall be a covenant running with the land and shall be binding upon the grantee and its successors. If the grantee or its successors 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 deed of conveyance shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(f) Costs and fees.--All costs and fees incidental to the conveyance authorized under this act shall be borne by the grantee.

(g) Proceeds.--The proceeds from the sale shall be deposited in the Historical Preservation Fund, under 37 Pa.C.S. § 104(h) (relating to Pennsylvania Historical and Museum Commission).

(h) Expiration.--If the conveyance authorized under this section is not effectuated within one year of the effective date of this subsection, the authority provided under this section shall expire.

Section 7. Effective date.

This act shall take effect immediately.