Conveyance in West Goshen Township, Chester County

Act 119 of 2002, § 2, under CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN, CHESTER, WAYNE AND LACKAWANNA COUNTIES.

Act 119 of 2002, § 2

Section 2. Conveyance in West Goshen Township, Chester County.

(a) Authorization.--The Department of General Services, with the approval of the Department of Transportation and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the West Chester Area School District the Department of Transportation's Chester County Maintenance Facility, land and buildings described in subsection (b) for fair market value as determined by independent appraisal.

(b) Legal description of land.--The property to be conveyed pursuant to this section consists of the Department of Transportation's Chester County Maintenance Facility, bounded and more particularly described as all that certain piece or parcel of land in West Goshen Township, Chester County, Pennsylvania, bounded and described as follows:

PARCEL 1

BEGINNING at a point, an iron pipe, in the lands of Edward Haley and Thomas F. Haley (Deceased) on the production of the north building line of Biddle Street, said point being 16.11 feet in an easterly direction from a brass plug in the concrete roadway of State Highway Application 7326; thence along said State Highway Application N. 23 degrees W. a distance of 330.31 feet to an iron pipe, the corner of lands of Edward Haley and Thomas F. Haley (Deceased) and the West Chester Nursery Company; said iron pipe being 16.11 feet in an easterly direction from a brass plug in the concrete roadway of State Highway Application 7326; thence by the lands of Edward Haley and Thomas F. Haley, (Deceased) and the West Chester Nursery Company N. 67 degrees E. a distance of 534.00 feet to a concrete monument in the line of lands of Hannah Parker; thence by the lands of Edward Haley, and Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52 minutes 42 seconds E. a distance of 131.13 feet to a point; thence by the lands of Edward Haley and Thomas F. Haley (Deceased) and George H. Kelling S. 26 degrees 52 minutes 42 seconds E. a distance of 59 feet to a point; thence thru the lands of Edward Haley and Thomas F. Haley (Deceased) S. 26 degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an iron pipe; thence continuing thru the lands of Edward Haley and Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a distance of 86.07 feet, to an iron pipe on the production of the North Building Line of Biddle Street; thence along the production of the north building line of Biddle Street, thru the lands of Edward Haley and Thomas F. Haley (Deceased) S. 66 degrees 44 minutes W. a distance of 542.00 feet to the point of BEGINNING.

Containing 4.110 acres, be the same more or less.

PARCEL 2

TRACT 1 - BEGINNING at an iron pipe on the easterly side of Montgomery Avenue, State Application 7326, said pipe being on the legal right of way line and on the line dividing the lands of Edward D. Haley and the Commonwealth of Pennsylvania, Department of Highways; thence along lands of the said Commonwealth of Pennsylvania, Department of Highways, North sixty six degrees, forty four minutes East, a distance of five hundred forty nine (549.00) feet to an iron pipe in the line of lands of E. Duie Pyle South twenty two degrees, five minutes East, a distance of one hundred fifty six and thirty hundreths (156.30) feet to an iron pipe; thence South sixty seven degrees West, a distance of five hundred forty six and fifty hundredths (546.50) feet to an iron pipe on the easterly side of said Montgomery Avenue, State Aid Application 7326; thence along the legal right of way line of said Montgomery Avenue, State Aid Application 7326, North twenty three degrees West, a distance of one hundred fifty three and forty four hundredths (153.44) feet to the point of BEGINNING and containing one and nine thousand four hundred fifty four ten thousandths (1.9454) acres more or less, with the privilege of entering upon adjoining land to clean the aforesaid ditch and subject to the privilege to the owners of adjoining land through which the said ditch passes of entering upon the lots hereby granted and cleaning the said ditch whenever it may become obstructed.

TRACT 2 - BEGINNING at an iron pipe on the easterly side of Montgomery Avenue, State Aid Application 7326, said pipe being on the legal right of way line and the line of lands of Edward D. Haley; thence North sixty seven degrees East, a distance of five hundred forty six and fifty hundredths (546.50) feet to an iron pipe in line of lands of E. Duie Pyle; thence along the lands of E. Duie Pyle South seventeen degrees forty four minutes East, a distance of eighteen and ninety nine hundredths (18.99) feet to an iron pipe in the line of lands of the West Chester Paper Box Company, Inc.; thence along the lands of said West Chester Paper Box Company Inc. and Edward D. Haley South sixty seven degrees, six minutes, thirty seconds West, a distance of five hundred forty five (545.00) feet to an iron pipe on the easterly side of said Montgomery Avenue, State Aid Application 7326; thence along the legal right of way line of said Montgomery Avenue, State Aid Application 7326, North twenty three degrees West, a distance of seventeen and eighty eight hundredths (17.88) feet to the point of BEGINNING and containing two thousand two hundred forty one ten thousandths (0.2241) acres more or less, with the privilege of entering upon adjoining land to clean the aforesaid ditch and subject to the privilege to the owners of adjoining land through which the said ditch passes of entering upon the lots hereby granted and cleaning said ditch whenever it may become obstructed.

(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 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) Deposit of proceeds.--The proceeds from the sale shall be deposited in the Motor License Fund to pay for costs and fees incurred for a new Chester County Maintenance Facility as well as the costs and fees incurred by the Department of General Services as authorized under section 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(g) Alternate disposition.--In the event that this conveyance is not executed within 12 months of the effective date of this act, the property may be disposed of in accordance with section 2406-A of the Administrative Code of 1929. The proceeds from the sale shall be deposited in accordance with subsection (f).