Pennsylvania Act 2002-195 — CONVEYANCE - COMMONWEALTH PROPERTY IN BERKS, CARBON, DELAWARE, INDIANA, SOMERSET AND WESTMORELAND COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN BERKS, CARBON, DELAWARE, INDIANA,
                    SOMERSET AND WESTMORELAND COUNTIES
                 Act of Dec. 9, 2002, P.L. 1518, No. 195              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Department of
        Military and Veterans Affairs, to grant and convey certain
        lands situate in Latrobe Borough, Westmoreland County, to the
        Borough of Latrobe; authorizing and directing the Department
        of General Services, with the approval of the Governor and
        the Department of Military and Veterans Affairs, to grant and
        convey, at a price determined through competitive bidding,
        certain lands situate in Scottdale Borough, Westmoreland
        County; authorizing and directing the Department of General
        Services, with the approval of the Governor and the
        Department of Military and Veterans Affairs, to grant and
        convey certain lands situate in Blairsville Borough, Indiana
        County, to the Borough of Blairsville; authorizing and
        directing the Department of General Services, with the
        approval of the Governor and the Department of Military and
        Veterans Affairs, to grant and convey certain lands situate
        in Kutztown Borough, Berks County, to the Borough of
        Kutztown; and authorizing the Department of General Services,
        with the approval of the Governor and the Department of
        Military and Veterans Affairs, to grant and convey a certain
        tract of land situate in the Borough of Media, Delaware
        County, to the Borough of Media; authorizing the Department
        of General Services, with the approval of the Governor and
        the Department of Conservation and Natural Resources, to
        grant and convey an access road right-of-way over certain
        State land to Sanford J. and Doris M. Henry, Paul L. and
        Deborah K. Baker, Michael R. and Jeanne M. Henry, Lynn A. and
        Kimberly R. Henry, Leland W. Henry, Sr., and Leland W. Henry,
        Jr., all of Middlecreek Township, Somerset County,
        Pennsylvania, and their heirs and assigns; authorizing the
        release of Project 70 restrictions on certain land owned by
        the Lehighton Water Authority, Township of Penn Forest,
        Carbon County, to provide access right-of-way to John A.
        Wargo et al., "Apollo Associates"; and making a repeal.

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

     Section 1.  Latrobe Borough, Westmoreland County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Military and
     Veterans Affairs, is hereby authorized and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey to the
     Borough of Latrobe, for fair market value as determined by
     independent appraisal, the National Guard Armory situate in
     Latrobe Borough, Westmoreland County, Pennsylvania, described in
     subsection (b).
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately 0.32 acres and an
     armory building bounded and more particularly described as
     follows:
                                 Tract 1
        BEING Lot No. 8 in Block 9 of the Brinker Plan of Lots as
     recorded in Westmoreland County Deed Book 82, Page 225.
        Said lot having a frontage of fifty (50) feet on the
     Northerly side of Spring Street, and extending back, of even
     width, between Lot No. 7 on the East and Lot No. 9 on the West,
     a distance of one hundred thirty-eight and eighty-six hundredths
     (138.86) feet to an alley.
        BEING the same land conveyed to the Commonwealth of
     Pennsylvania by deed of Effie B. Whiteman, Thomas M. Whiteman,
     Rachel L. Whiteman, and Harry J. Whiteman, dated November 24,
     1922, and recorded in the Office of Recorder of Deeds in and for
     Westmoreland County, Pennsylvania, in Deed Book 720, Page 130.
                                 Tract 2
        BEING Lot No. 7 in Block 9 of the Brinker Plan of Lots in
     said Borough of Latrobe as recorded in Westmoreland County Deed
     Book 82, Page 225.
        Having a frontage of fifty (50) feet on the Northerly side of
     Spring Street, and extending back of even width, between Ridge
     Avenue on the East and Lot No. 7 in said block on the West, a
     distance of one hundred thirty-eight and eighty-six hundredths
     (138.86) feet to an alley.
        AND BEING the same land conveyed to the Commonwealth of
     Pennsylvania by deed of James B. Weaver and Fannie F. Weaver,
     dated November 24, 1922, and recorded in the Office of Recorder
     of Deeds in and for Westmoreland County, Pennsylvania, in Deed
     Book 720, Page 131.
        (c)  Proceeds.--The proceeds from the sale of the land and
     armory shall be deposited in the State Treasury Armory Fund.
        (d)  Easements.--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.
        (e)  Execution.--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.
        (f)  Alternate disposition.--In the event the conveyance is
     not executed within three months of the effective date of this
     act, the Department of General Services may dispose of the
     property in accordance with section 2406-A of the act of April
     9, 1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
     Section 2.  Scottdale Borough, Westmoreland County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Military and
     Veterans Affairs, is hereby authorized and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey, at a price
     to be determined through competitive bidding, the following
     tract of land together with any buildings, structures or
     improvements thereon, situate in Scottdale Borough, Westmoreland
     County, Pennsylvania.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately 0.719 acres and an
     armory building bounded and more particularly described as
     follows:
        BEGINNING at a point on the Northeasterly corner of the
     intersection of Edwin Avenue and Everson Street; thence along
     Everson Street North 23 degrees 35 minutes East 177.03 feet to a
     point, at the intersection of Everson Street and Park Street;
     thence along Park Street South 50 degrees 37 minutes East 193.05
     feet to a point at the intersection of Park Street and North
     Broadway; thence along North Broadway South 4 degrees 58 minutes
     West 136.76 feet to a point at the intersection of North
     Broadway and Edwin Avenue; thence along Edwin Avenue North 65
     degrees 08 minutes West 229.49 feet to the place of BEGINNING.
        CONTAINING 0.719-acres, more or less.
        (c)  Proceeds.--The proceeds from the sale of the land and
     armory shall be deposited in the State Treasury Armory Fund.
        (d)  Easements.--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.
        (e)  Execution.--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.
     Section 3.  Blairsville Borough, Indiana County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Military and
     Veterans Affairs, is hereby authorized and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey to the
     Borough of Blairsville, for fair market value as determined by
     independent appraisal, the Blairsville Armory situate in
     Blairsville Borough, Indiana County, Pennsylvania, described in
     subsection (b).
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately 10,370 square feet and
     an armory building bounded and more particularly described as
     follows:
                                 Tract 1
        BEING a certain lot or piece of ground together with the two
     (2) story building situate in the Borough of Blairsville, County
     of Indiana and State of Pennsylvania, bounded and described as
     follows, to wit:
        BEGINNING on the westerly side of Walnut Street at a point
     distant seventy (70) feet northwardly from the north west corner
     of Walnut and Campbell streets, said point of beginning being on
     the dividing line of property now or late of Mrs. Sarah E. Lyda
     and premises herein described: thence northwardly along the
     westerly side of said Walnut Street eighty-six and five tenths
     (86.5) feet more or less to the southerly line of North Alley;
     thence extending westwardly along the southerly line of North
     Alley one hundred twenty two (122) feet more or less to the line
     of property now or late of St. Peter's Episcopal Church; thence
     southwardly along the line of said church property a distance of
     eighty five and four tenths (85.4) feet more or less to the line
     of land now or late of Mrs. Sarah E. Lyda; thence eastwardly by
     line of said property now or late of Mrs. Sarah E. Lyda one
     hundred twenty one and one tenth (121.1) feet more or less to
     the westerly line of Walnut street aforesaid, the place of
     beginning.
        BEING the same land conveyed to the Commonwealth of
     Pennsylvania by deed of Samuel W. Miller and Wilma F.G. Miller,
     dated March 25th, 1909 and recorded in the Recorder's Office of
     Indiana County, Pennsylvania, May 5th, 1909.
        (c)  Proceeds.--The proceeds from the sale of the land and
     armory shall be deposited in the State Treasury Armory Fund.
        (d)  Easement.--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.
        (e)  Execution.--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.
        (f)  Alternate disposition.--In the event the conveyance is
     not executed within six months of the effective date of this
     act, the Department of General Services may dispose of the
     property in accordance with section 2406-A of the act of April
     9, 1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
     Section 4.  Kutztown Borough, Berks County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Military and
     Veterans Affairs, is hereby authorized and directed on behalf of
     the Commonwealth of Pennsylvania to grant and convey to the
     Borough of Kutztown, for fair consideration as determined by
     independent appraisal, the Apple Alley Garage situate in
     Kutztown Borough, Berks County, Pennsylvania, described in
     subsection (b).
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of approximately 1 acre seven and
     fourteen one hundredths (7.14) perches and a maintenance
     building bounded and more particularly described as follows:
                                 Tract 1
        BEING a certain lot or piece of ground together with the one
     (1) story frame garage erected thereon, situate on the western
     side of Pennsylvania Avenue between Normal Avenue and Sander
     Alley, in the Borough of Kutztown, County of Berks and State of
     Pennsylvania, bounded on the north by property belonging to the
     Estate of David Adam, deceased, on the east by residue portion
     of Pennsylvania Avenue (unopened), on the south by property
     belonging to George T. Deibert, and on the west by a twenty (20)
     feet wide alley known as Apple Alley, and being more fully
     bounded and described as follows, to wit:
        BEGINNING at a corner marked by an iron pin in Pennsylvania
     Avenue, a distance of one hundred sixty feet (160') northwardly
     from the northern topographical building line of Normal Avenue,
     thence leaving the aforesaid Pennsylvania Avenue, passing
     through a marble stone on the western topographical building
     line of same, thirty two feet one eighth inch (32' 0-1/8") from
     the last described corner and making an interior angle of ninety
     degrees eight minutes (90 degrees 08') with the aforesaid
     Pennsylvania Avenue, a distance of one hundred ninety two feet
     (192') to a corner marked by a marble stone on the eastern side
     of a twenty (20) feet wide alley known as Apple Alley; thence in
     a northerly direction location same, making an interior angle of
     eighty nine degrees fifty two minutes (89 degrees 52') with the
     last described line, a distance of two hundred thirty seven feet
     (237') to a corner marked by a marble stone; thence leaving and
     making an interior angle of ninety degrees eight minutes (90
     degrees 08') with aforesaid Apple Alley and in an easterly
     direction along property belonging to the Estate of David Adam,
     deceased, passing through a marble stone on the western
     topographical building line of the aforesaid Pennsylvania
     Avenue, thirty two feet one eighth inch (32' 0-1/8th") from the
     next described corner, a distance of one hundred ninety two feet
     (192') to a corner marked by an iron pin in the aforesaid
     Pennsylvania Avenue; thence in and along same in a southerly
     direction, making an interior angle of eighty nine degrees fifty
     two minutes (89 degrees 52') with the last described line, a
     distance of two hundred thirty seven feet (237') to the place of
     Beginning. CONTAINING one (1) acre seven and fourteen one
     hundredths (7.14) perches.
        BEING the same premises which Percy H. Keodinger, Singleman,
     by his deed dated September 13, 1948, and about to be recorded
     in the office of the Recorder of Deeds of Berks County,
     Pennsylvania, granted and conveyed unto Borough of Kutztown,
     party hereto, and BEING DELINEATED on blue print attached to
     this deed and made a part hereof.
        (c)  Proceeds.--The proceeds from the sale of the land and
     armory shall be deposited in the State Treasury Armory Fund.
        (d)  Easements.--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.
        (e)  Execution.--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.
        (f)  Alternate disposition.--In the event the conveyance is
     not executed within three months of the effective date of this
     act, the Department of General Services may dispose of the
     property in accordance with section 2406-A of the act of April
     9, 1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
     Section 5.  Media Borough, Delaware County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Department of Military and
     Veterans Affairs, is hereby authorized on behalf of the
     Commonwealth of Pennsylvania to grant and convey to the Borough
     of Media certain land and improvements thereon known as the
     National Guard Armory described in subsection (b) for fair
     consideration as determined by independent appraisal.
        (b)  Description.--The property to be conveyed is a tract of
     land together with improvements thereon situate in the Borough
     of Media, Delaware County, Pennsylvania, bounded and described
     as follows:
        All that certain tract of land situate on the Southwestern
     corner of State and Church Streets, containing in front or
     breadth on the said State Street, one hundred (100) feet and
     extending of that width in length or depth Southwardly one
     hundred and fifty (150) feet to the Northerly side of Baker
     Street (thirty feet wide) together with the right and use of
     said Baker Street in common with the owners of the other land
     abutting thereon.
        This property being identified as Tax Map No. 26-04-560.00
        Being the same property that James A. McDowell Et. Al. as
     trustees of the First Methodist Episcopal Church of Media, by
     their deed dated November 7, 1907, and recorded in the Delaware
     County Recorder of Deeds Office in Deed Book S-12, Page 31,
     granted and conveyed unto the Commonwealth of Pennsylvania.
        (c)  Easements.--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)  Execution.--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)  Proceeds.--The proceeds from the sale shall be deposited
     in the State Treasury Armory Fund.
        (g)  Alternate disposition.--In the event the conveyance is
     not executed within six months of the effective date of this
     act, the Department of General Services may dispose of the
     property in accordance with section 2406-A of the act of April
     9, 1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
        Section 6.  Middlecreek Township, Somerset County.
        (a)  Authorization and description.--The Department of
     General Services, with the approval of the Governor and the
     Department of Conservation and Natural Resources, is hereby
     authorized and directed on behalf of the Commonwealth of
     Pennsylvania to grant and convey to Sanford J. and Doris M.
     Henry (Tax Parcel No. 27-0-002970 and Tax Parcel No. 27-0-
     002960), Paul L. and Deborah K. Baker (Tax Parcel No. 27-0-
     012850), Michael R. and Jeanne M. Henry (Tax Parcel No. 27-0-
     016690), Lynn A. and Kimberly R. Henry (Tax Parcel No. 27-0-
     019820), Leland W. Henry, Sr. (Tax Parcel No. 27-0-002940) and
     Leland W. Henry, Jr. (Tax Parcel No. 27-0-0-002830), all of
     Middlecreek Township, Somerset County, their heirs and assigns,
     for a consideration of $1, an access road right-of-way having a
     width of thirty-three (33') feet across a parcel of the Laurel
     Hill State Park in Middlecreek Township, Somerset County, the
     center line of said access road describing also the center line
     of an existing gravel road and being more particularly bounded
     and described as follows:
        Beginning at a point on the western side of SR 3029 at the
     junction of an existing gravel road, said point of beginning
     being located approximately 3,375 feet south from the
     intersection of SR 3029 and Jones Mill Road, thence from said
     point of beginning and by the centerline of said existing gravel
     road and thirty-three (33') foot wide right of way the following
     three (3) courses: North 77 degrees 40 minutes 10 seconds East
     for a distance of 208.76 feet to a point, thence North 81
     degrees 34 minutes 43 seconds East for a distance of 220.46 feet
     to a point, and thence North 75 degrees 28 minutes 03 seconds
     East for a distance of 109.88 feet to a point on the common
     boundary of said lands of Laurel Hill State Park and lands now
     or formerly of Leland W. Henry et. ux.
        (b)  Easement.--The conveyance shall be made under and
     subject to all easements, servitudes and rights of others,
     including, but not confined to, streets, roadways and rights of
     any telephone, telegraph, water, electric, sewer, gas or
     pipeline companies, as well as under and subject to any
     interest, estates or tenancies vested in third persons, whether
     or not appearing of record, for any portion of the land or
     improvements erected thereon.
        (c)  Proceeds.--The proceeds of the sale shall be paid into
     the General Fund.
        (d)  Deed.--The deed of easement or right-of-way 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.
        (e)  Costs.--Costs and fees incidental to this conveyance
     shall be borne by the grantee.
     Section 7.  Penn Forest Township, Carbon County.
        (a)  Authorization.--Pursuant to the requirements of section
     20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
     known as the Project 70 Land Acquisition and Borrowing Act, the
     General Assembly hereby authorizes the release of Project 70
     restrictions on a portion of lands owned by the Lehighton Water
     Authority, which are more particularly described in subsection
     (c). This release of Project 70 restrictions is in consideration
     of the fact that records indicate that the land described in
     subsection (c) is to provide a right-of-way access that was
     inadvertently not provided at the time of the Project 70
     acquisition.
        (b)  Freedom of restrictions.--The lands described in
     subsection (c) shall be free of restrictions on use and
     alienation imposed by the Project 70 Land Acquisition and
     Borrowing Act.
        (c)  Land to be released from restrictions.--The section of
     the land to be released from Project 70 restrictions is situated
     in the Township of Penn Forest, Carbon County, and more
     particularly described as follows:
        All that certain access right-of-way situated in the Township
     of Penn Forest, County of Carbon, Commonwealth of Pennsylvania,
     bound and described as follows to wit:
        Beginning at a point in the centerline of S.R. 903, said
     point being a common corner of lands of the Lehighton Water
     Authority; thence leaving said centerline of S.R. 903 and
     through said lands of the Lehighton Water Authority, South 49
     degrees 37 minutes 28 seconds East (passing through a pin at
     27.58 feet and 1008.94 feet) to a set pin; thence continuing
     through said lands of the Lehighton Water Authority, South 29
     degrees 49 minutes 10 seconds East 53.49 feet to a set pin;
     thence continuing through said lands of the Lehighton Water
     Authority, South 60 degrees 10 minutes 50 seconds West 20.00
     feet to a set pin in line of lands of John A. Wargo, et al.
     "Apollo Associates"; thence by said lands of John A. Wargo et
     al. "Apollo Associates"; North 29 degrees 49 minutes 10 seconds
     West 50.00 feet to a concrete monument, said corner being a
     common corner with lands of Thomas Hiller; thence partly by said
     lands of Thomas Hiller and partly by lands of George D. Hiller,
     North 49 degrees 37 minutes 28 seconds West (passing through a
     concrete monument at 988.15 feet) 1019.33 feet to a point in the
     aforementioned centerline of S.R. 903; thence along said
     centerline of S.R. 903, North 50 degrees 34 minutes 27 seconds
     East 20.32 feet to the place of beginning.
        Containing 0.4917 acres (21,420.45 s.f.) of land. Being that
     20 feet wide access right-of-way, as shown hereon, dated May 27,
     2002.
        Said described access right-of-way is to provide access to
     the "Apollo" property and would replace and correct the
     description recorded in Deed Book Volume 333, page 782.
     Section 8.  Repeal.
        Section 3 of the act of June 22, 2000 (P.L.447, No.60),
     entitled "An act authorizing and directing the Department of
     General Services, with the approval of the Governor, to grant
     and convey oil, gas and mineral rights, including coal, that the
     Commonwealth possesses in a certain parcel of land situate in
     Canaan Township, Wayne County, Pennsylvania, to the United
     States of America and releasing certain restrictions on that
     land; authorizing and directing the Department of General
     Services, with the approval of the Governor, to sell and convey
     to Warren County Conservation District a certain tract of land
     situate in the Township of Glade, Warren County, Pennsylvania;
     and authorizing and directing the Department of General
     Services, with the approval of the Governor and the Department
     of Military and Veterans Affairs, to sell and convey to Media
     Borough a certain tract of land situate in Media Borough,
     Delaware County, Pennsylvania," is repealed.
     Section 9.  Effective date.
        This act shall take effect immediately.