Pennsylvania Act 1976-106 — CONVEY PROPERTY AT INDIANTOWN GAP TO UNITED STATES FOR NATIONAL CEMETERY

Act text

CONVEY PROPERTY AT INDIANTOWN GAP TO UNITED STATES FOR NATIONAL CEMETERY
                 Act of Jun. 24, 1976, P.L. 436, No. 106              Cl. 29
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor and the Department of Military
        Affairs, to transfer a portion of the Fort Indiantown Gap to
        the United States of America.

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

        Section 1.  In recognition of the dedication and valor of
     those who served in the Armed Forces of the United States and
     cognizant of the immediate need to provide a final resting place
     for those brave and loyal citizens, the Commonwealth of
     Pennsylvania hereby authorizes the Department of General
     Services, with the approval of the Governor and the Department
     of Military Affairs, to convey without charge to the United
     States of America title to a certain tract of land, situate in
     the Townships of East Hanover and Union, County of Lebanon,
     Commonwealth of Pennsylvania, and being part of Fort Indiantown
     Gap, bounded and described as follows:
        Beginning at a point in East Hanover Township, Lebanon
     County, at the eastern end of a 97.01 foot arc connecting the
     southern right-of-way line of Old Cumberland Road (T-601), a 40
     foot right-of-way, to the eastern right-of-way line of Fisher
     Avenue, an 80 foot right-of-way; thence along the southern
     right-of-way line of Old Cumberland Road (T-601) south 52
     degrees 52 minutes 52 seconds east, a distance of 128.64 feet to
     a point; thence across Old Cumberland Road (T-601) at right
     angles to the last mentioned course and along land now or late
     of Ray M. and Ruth Ann Funck north 37 degrees 07 minutes 08
     seconds east, a distance of 230.00 feet to a point; thence along
     the same north 52 degrees 52 minutes 52 seconds west, a distance
     of 240.40 feet to a point on the eastern right-of-way line of
     Fisher Avenue L.R. No.38023, an 80 foot right-of-way; thence
     along the eastern line of the aforesaid right-of-way north 26
     degrees 03 minutes 38 seconds east, a distance of 542.14 feet to
     a point of circular curvature; thence along the arc of a
     circular curve in a northeasterly direction curving to the right
     having a radius of 150 feet, an arc distance of 141.27 feet to a
     point of circular tangency on the southern right-of-way line of
     Biddle Road L.R. No.38054, a 50 foot right-of-way; thence along
     the southern right-of-way line of Biddle Road L.R. No.38054,
     north 80 degrees 01 minute 23 seconds east, a distance of
     1828.38 feet to a point of circular curvature; thence along the
     same in a northeasterly direction on the arc of a circular curve
     curving to the left having a radius of 1920.83 feet, an arc
     length of 809.90 feet to a point of circular tangency; thence
     along the same and across the township line separating East
     Hanover Township, Lebanon County from Union Township, Lebanon
     County north 55 degrees 51 minutes 53 seconds east, a distance
     of 905.35 feet to a point of circular curvature, in Union
     Township, Lebanon County, Pennsylvania; thence along the same in
     a northeasterly direction on the arc of a circular curve curving
     to the right having a radius of 1406.85 feet, an arc length of
     862.74 feet to a point of circular tangency; thence along the
     same south 88 degrees 59 minutes 57 seconds east, a distance of
     801.03 feet to a point of circular curvature; thence along the
     same in a southeasterly direction on the arc of a circular curve
     curving to the left having a radius of 6935.98 feet, an arc
     length of 234.14 feet to a point of circular tangency; thence
     along the same north 89 degrees 04 minutes 00 seconds east, a
     distance of 420.12 feet to a point; thence along the same south
     89 degrees 39 minutes 22 seconds east, a distance of 86.06 feet
     to a point; thence along the same south 86 degrees 13 minutes 52
     seconds east, a distance of 20.53 feet to a point; thence along
     the same south 80 degrees 37 minutes 25 seconds east, a distance
     of 60.63 feet to a point; thence along the same south 79 degrees
     03 minutes 23 seconds east, a distance of 186.58 feet to a point
     at the southwest corner of Biddle Road L.R. No.38054, a 50 foot
     right-of-way and T-380, a 33 foot right-of-way; thence along the
     western right-of-way line of T-380, a 33 foot right-of-way,
     south 09 degrees 58 minutes 42 seconds east, a distance of 33.21
     feet to a point; thence along the same south 14 degrees 35
     minutes 48 seconds east, a distance of 66.51 feet to a point;
     thence along the same south 40 degrees 13 minutes 39 seconds
     east, a distance of 70.42 feet to a point; thence along the same
     south 52 degrees 53 minutes 48 seconds east, a distance of 72.86
     feet to a point; thence along the same south 43 degrees 35
     minutes 06 seconds east, a distance of 33.97 feet to a point;
     thence across T-380, a 33 foot right-of-way, and along land of
     Commonwealth of Pennsylvania (Fort Indiantown Gap) south 64
     degrees 30 minutes 27 seconds east, a distance of 1036.97 feet
     to a point; thence along the same and across Biddle Road L.R.
     No.38048, a 50 foot right-of-way, north 26 degrees 08 minutes 30
     seconds east, a distance of 228.07 feet to a point on the
     northern right-of-way line of Biddle Road L.R. No.38048, a 50
     foot right-of-way; thence along the aforesaid right-of-way line
     north 57 degrees 08 minutes 55 seconds west, a distance of
     384.11 feet to a point; thence along land of the Commonwealth of
     Pennsylvania (Fort Indiantown Gap) north 14 degrees 48 minutes
     40 seconds east, a distance of 881.32 feet to a point on the
     southern right-of-way line of a Metropolitan Edison distribution
     line right-of-way; thence along said right-of-way line north 58
     degrees 24 minutes 03 seconds east, a distance of 1973.77 feet
     to a point; thence along land of the Commonwealth of
     Pennsylvania (Fort Indiantown Gap) south 13 degrees 03 minutes
     17 seconds east, a distance of 751.91 feet to a point; thence
     along the same south 09 degrees 31 minutes 44 seconds east, a
     distance of 1269.55 feet to a point; thence along same south 08
     degrees 52 minutes 12 seconds east, a distance of 115.75 feet to
     a point; thence along the same and across Quartermaster Road
     L.R. No.38067, a 33 foot right-of-way, north 88 degrees 56
     minutes 42 seconds east, a distance of 826.65 feet to a point;
     thence along the same north 01 degree 31 minutes 44 seconds
     west, a distance of 360.63 feet to a point; thence along the
     same north 76 degrees 18 minutes 44 seconds east, a distance of
     2274.20 feet to a point on the western right-of-way line of T-
     444, a 33 foot right-of-way; thence along the aforesaid right-
     of-way line of T-444 south 34 degrees 51 minutes 52 seconds
     east, a distance of 305.67 feet to a point; thence along the
     same south 36 degrees 22 minutes 07 seconds east, a distance of
     300.40 feet to a point; thence along the same south 37 degrees
     43 minutes 02 seconds east, a distance of 50.93 feet to a point;
     thence along the same south 42 degrees 51 minutes 52 seconds
     east, a distance of 52.10 feet to a point; thence along the same
     south 52 degrees 15 minutes 37 seconds east, a distance of
     160.50 feet to a point; thence along the same south 57 degrees
     52 minutes 32 seconds east, a distance of 82.81 feet to a point;
     thence along the same south 64 degrees 51 minutes 42 seconds
     east, a distance of 85.49 feet to a point; thence along the same
     south 75 degrees 08 minutes 57 seconds east, a distance of 71.62
     feet to a point; thence along the same north 87 degrees 06
     minutes 08 seconds east, a distance of 57.76 feet to a point;
     thence along the same north 65 degrees 15 minutes 33 seconds
     east, a distance of 125.48 feet to a point; thence along the
     same north 69 degrees 46 minutes 53 seconds east, a distance of
     55.94 feet to a point; thence along the same north 80 degrees 35
     minutes 38 seconds east, a distance of 87.87 feet to a point;
     thence along the same south 85 degrees 03 minutes 25 seconds
     east, a distance of 177.58 feet to a point of circular
     curvature; thence along the same in a southeasterly direction on
     the arc of a circular curve curving to the right having a radius
     of 290.44 feet, an arc length of 50.91 feet to a point; thence
     along the same and radial to the aforementioned curve south 14
     degrees 59 minutes 08 seconds west, a distance of 8.5 feet to a
     point; thence along the same in a southeasterly direction on the
     arc of a circular curve curving to the right having a radius of
     281.94 feet, an arc length of 52.15 feet to a point at land now
     or late of Joseph and Mary Werni; thence along said land and a
     private cemetery (owners unknown) south 05 degrees 51 minutes 14
     seconds west, a distance of 235.26 feet to a point; thence along
     land now or late of Joseph and Mary Werni south 04 degrees 59
     minutes 12 seconds west, a distance of 127.49 feet to a point on
     the northern right-of-way line of U.S. Route No.81 L.R. No.1005,
     a limited access and variable width right-of-way; thence along
     the same in a southwesterly direction along the arc of a
     circular curve curving to the right having a radius of 3719.83
     feet, an arc length of 279.17 feet to a point; thence along the
     same and radial to the aforementioned curve north 20 degrees 25
     minutes 15 seconds west, a distance of 30.00 feet to a point;
     thence along the same in a southwesterly direction on the arc of
     a circular curve curving to the right having a radius of 3689.83
     feet, an arc length of 236.63 feet to a point of circular
     tangency; thence along the same south 73 degrees 15 minutes 13
     seconds west, a distance of 5.03 feet to a point; thence along
     the same south 16 degrees 44 minutes 47 seconds east, a distance
     of 30.00 feet to a point offset 100 foot at right angles from
     the southbound base line station 356+50.00; thence along the
     same south 73 degrees 15 minutes 13 seconds west, a distance of
     2244.64 feet to a point offset 142 feet at right angles from
     center line base line station 334+05.36; thence along land now
     or late of Sylvester L. and Helen M. Rohrer north 05 degrees 51
     minutes 05 seconds east, a distance of 345.33 feet to a point;
     thence along the same and across Quartermaster Road L.R.
     No.38067, a 33 foot right-of-way, north 84 degrees 15 minutes 25
     seconds west, a distance of 1500.85 feet to a point on the
     western right-of-way line of Quartermaster Road L.R. No.38067;
     thence along the western right-of-way line of Quartermaster Road
     L.R. No.38067 south 12 degrees 58 minutes 43 seconds west, a
     distance of 847.69 feet to a point at the northeast corner of
     Quartermaster Road L.R. No.38067 aforementioned and Biddle Road
     L.R. No.38048, a 50 foot right-of-way; thence across Biddle Road
     L.R. No.38048 south 87 degrees 01 minute 27 seconds west, a
     distance of 74.00 feet to a point on the western right-of-way
     line of Biddle Road L.R. No.38048; thence along land now or late
     of Sylvester L. and Helen M. Rohrer north 84 degrees 52 minutes
     25 seconds west, a distance of 434.58 feet to a point; thence
     along the same north 64 degrees 22 minutes 15 seconds west, a
     distance of 305.26 feet to a point; thence along the same south
     46 degrees 06 minutes 01 second west, a distance of 531.61 feet
     to a point; thence along the same south 08 degrees 12 minutes 44
     seconds east, a distance of 307.18 feet to a point; thence along
     land now or late of Florence M. Speck and across the township
     line separating Union Township, Lebanon County from East Hanover
     Township, Lebanon County south 83 degrees 36 minutes 38 seconds
     west, a distance of 2235.70 feet to a point on the eastern
     right-of-way line of T-380, a 33 foot right-of-way; thence along
     the eastern right-of-way line of T-380 north 23 degrees 10
     minutes 22 seconds west, a distance of 70.50 feet to a point;
     thence across T-380 and along the northern right-of-way line of
     Old Cumberland Road (T-601), a 33 foot right-of-way, south 83
     degrees 37 minutes 55 seconds west, a distance of 1485.33 feet
     to a point; thence along the same north 84 degrees 49 minutes 02
     seconds west, a distance of 59.95 feet to a point; thence along
     the same north 76 degrees 07 minutes 30 seconds west, a distance
     of 30.92 feet to a point at land now or late of George F. and
     Joyce E. Lerch; thence along said land north 09 degrees 22
     minutes 16 seconds east, a distance of 184.41 feet to a point;
     thence along the same and the northern right-of-way line of Old
     Cumberland Road (T-601) south 63 degrees 58 minutes 08 seconds
     west, a distance of 1035.21 feet to a point; thence along the
     northern right-of-way line of aforementioned road south 79
     degrees 11 minutes 13 seconds west, a distance of 32.96 feet to
     a point; thence along the same south 68 degrees 00 minutes 58
     seconds west, a distance of 36.97 feet to a point; thence along
     the same south 87 degrees 42 minutes 56 seconds west, a distance
     of 186.25 feet to a point; thence along the same south 83
     degrees 36 minutes 08 seconds west, a distance of 1772.08 feet
     to a point; thence along the same south 87 degrees 46 minutes 13
     seconds west, a distance of 109.51 feet to a point; thence along
     the same north 85 degrees 59 minutes 30 seconds west, a distance
     of 47.02 feet to a point; thence along the same north 72 degrees
     38 minutes 54 seconds west, a distance of 66.63 feet to a point;
     thence along the same north 61 degrees 50 minutes 32 seconds
     west, a distance of 93.55 feet to a point; thence along the same
     north 58 degrees 42 minutes 01 second west, a distance of 377.92
     feet to a point; thence across Old Cumberland Road (T-601) and
     along the western right-of-way line of a proposed 50 foot right-
     of-way south 00 degrees 12 minutes 33 seconds west, a distance
     of 346.24 feet to a point; thence along land now or late of
     William M. and Joy K. Carroll south 83 degrees 36 minutes 08
     seconds west, a distance of 474.94 feet to a point; thence along
     the same south 05 degrees 51 minutes 33 seconds east, a distance
     of 725.57 feet to a point; thence along the same south 80
     degrees 20 minutes 51 seconds west, a distance of 308.98 feet to
     a point; thence along land now or late of George S. and Etsuko
     T. Wells, land now or late of Victor H. Diener and other land
     now or late of George S. and Etsuko T. Wells north 89 degrees 48
     minutes 11 seconds west, a distance of 778.78 feet to a point;
     thence along land now or late of George S. and Etsuko T. Wells
     and land now or late of William R. and Nellie C. Roeder south 03
     degrees 01 minute 22 seconds east, a distance of 395.72 feet to
     a point on the northern right-of-way line of U.S. Route No.81
     L.R. No.1005 Ramp "F"; thence in a northwesterly direction on
     the arc of a circular curve curving to the right having a radius
     of 320 feet, an arc length of 30.44 feet to a point of circular
     tangency; thence along the same north 35 degrees 00 minutes 11
     seconds west, a distance of 469.10 feet to a point of circular
     curvature; thence along the same in a northwesterly direction on
     the arc of a circular curve curving to the right having a radius
     of 320 feet, an arc length of 325.69 feet to a point of circular
     tangency; thence along the same north 23 degrees 18 minutes 43
     seconds east, a distance of 77.12 feet to a point; thence along
     the same north 20 degrees 15 minutes 33 seconds east, a distance
     of 227.45 feet to a point; thence along the same north 69
     degrees 44 minutes 27 seconds west, a distance of 23.92 feet to
     a point on the eastern right-of-way line of Fisher Avenue, a
     variable width right-of-way; thence along the eastern right-of-
     way line of Fisher Avenue north 23 degrees 18 minutes 43 seconds
     east, a distance of 80.24 feet to a point offset 90 feet at
     right angles from center line base line station 960+00.00;
     thence along the same north 66 degrees 41 minutes 17 seconds
     west, a distance of 20 feet to a point; thence along the same
     north 23 degrees 18 minutes 43 seconds east, a distance of
     624.96 feet to a point offset 70 foot at right angles from
     center line base line station 966+24.96; thence along the same
     north 66 degrees 41 minutes 17 seconds west, a distance of 30.00
     feet to a point; thence along the same north 23 degrees 18
     minutes 43 seconds east, a distance of 330.15 feet to a point;
     thence along the same north 26 degrees 03 minutes 38 seconds
     east, a distance of 345.09 feet to a point of circular
     curvature; thence in a northeasterly direction on the arc of a
     circular curve curving to the right having a radius of 55 feet,
     an arc length of 97.01 feet to a point the place of beginning.
     Said tract containing 676.8317 acres with a dwelling, barn and
     outbuildings thereon and is subject to a Metropolitan Edison
     right-of-way, Bell Telephone Company of Pennsylvania right-of-
     way and a 40 foot wide sanitary sewer easement.
        Being the same lands vested in the Commonwealth of
     Pennsylvania by the below listed indentures, and with one
     exception as indicated below, the same are recorded in the
     Office for the Recording of Deeds in and for the County of
     Lebanon, Commonwealth of Pennsylvania to wit: part of a parcel
     of land late of Harry Kreiser, deeded to Commonwealth by
     indenture of February 20, 1946 more fully described in
     Corporation Deed Book No.9 Page 626; and, part of a parcel of
     land late of Allen H. Houser and deeded to the Commonwealth by
     indenture of July 23, 1946 and being more fully described in
     Corporation Deed Book No.9 Page 663; and, part of a parcel of
     land late of Ephraim V. Lerch et ux, deeded to the Commonwealth
     by indenture of June 3, 1940 more fully described in Corporation
     Deed Book No.8 Page 570; and, an entire tract of land late of
     Elias R. Bomberger deeded to the Commonwealth by indenture of
     August 7, 1944 more fully described in Corporation Deed Book
     No.9 Page 415; and, an entire tract of land late of George W.
     Walmer et ux, deeded to the Commonwealth by indenture of January
     23, 1945 more fully described in Corporation Deed Book No.9 Page
     472; and, an entire tract of land late of George Soldit et ux,
     deeded to the Commonwealth by indenture of January 25, 1944 and
     more fully described in Corporation Deed Book No.9 Page 345;
     and, part of a parcel of land late of Harry Kucz et ux, acquired
     by the Commonwealth by Act of Condemnation No.124, June term,
     1936, Court of Common Pleas in and for the County of Lebanon,
     Pennsylvania and on file in the Office of the Prothonotary for
     the County of Lebanon, Pennsylvania; and, part of a parcel of
     land late of William M. Kreiser deeded to the Commonwealth by
     indenture of August 22, 1946 more fully described in Corporation
     Deed Book No.9 Page 675; and, part of a parcel of land late of
     Minnie E. Shirk et vir, et al, deeded to the Commonwealth by
     indenture of March 16, 1939 more fully described in Corporation
     Deed Book No.8 Page 438; and, part of a parcel of land late of
     Morris Houser et ux, deeded to the Commonwealth by indenture of
     July 31, 1937 more fully described in Corporation Deed Book No.8
     Page 249; and, part of a parcel of land late of Henry H. Kuntz
     et ux, deeded to the Commonwealth by indenture of July 19, 1943
     more fully described in Corporation Deed Book No.9 Page 298;
     and, part of a parcel of land late of Amy N. Albert, deeded to
     the Commonwealth by indenture of July 9, 1943, more fully
     described in Corporation Deed Book No.9 Page 290.
        Together with all and singular, the improvements, ways,
     waters, water courses, rights, liberties, privileges,
     hereditaments and appurtenances whatsoever thereunto belonging,
     or in anywise appertaining, and the reversions and remainders,
     rents, issues and profits thereof; and all the estate, right,
     title, interest, property claim and demand whatsoever.
        Exclusive of all existing rights-of-way for water lines,
     sewerage lines and mains, outfalls, electric power lines,
     telephone and communications lines, gas lines, State maintained
     roads, township maintained roads and rights of ingress and
     egress.
        Section 2.  The deed shall be approved by the Department of
     Justice and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        Section 3.  Exclusive jurisdiction in and over the aforesaid
     lands, when acquired by the United States is hereby ceded to the
     United States by the Commonwealth of Pennsylvania, provided that
     the Commonwealth of Pennsylvania shall retain concurrent
     jurisdiction with the United States in and over the lands and
     buildings aforesaid, in so far that civil processes as may issue
     under the authority of the Commonwealth of Pennsylvania against
     anyone charged with crime committed outside said land, may be
     executed thereon in the same manner as if jurisdiction had not
     been ceded.
        Section 4.  The jurisdiction ceded to the United States shall
     be upon the further condition that the Commonwealth reserves to
     itself and its political subdivisions whatever power of taxation
     it may constitutionally reserve, to levy and collect all taxes
     now or hereafter imposed by the Commonwealth and its political
     subdivisions upon property and persons within the boundaries so
     ceded.
        Section 5.  This conveyance is made to the grantee upon the
     express condition that if the grantee shall cease to use the
     above described premises for National Cemetery purposes, or
     shall alienate or attempt to alienate such land, title thereto
     shall, at the option of the grantor, revert to the Commonwealth
     of Pennsylvania, provided, however, if permanent improvements or
     facilities relating to the National Cemetery are erected on the
     land, including but not limited to interment, memorial,
     administration, maintenance and visitor improvements or
     facilities, service roads, drainage and sprinkling systems, and
     grading and landscaping, this right of reverter will terminate
     immediately upon the expenditure of any funds appropriated for
     the construction of any such improvements or facilities with
     respect to the land so improved and such additional land within
     the acreage hereby transferred as may be reasonably required by
     the grantee to protect the integrity of the area being
     developed, which portion of land shall be described and set
     forth in a document to be prepared and recorded by the grantee
     for each phase of development of the said National Cemetery.
        Section 6.  This act shall take effect immediately.