Section 4. Conveyance in the Township of East Pennsboro, County
of Cumberland.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey the tract of land bounded and described in subsection (b) under the terms and conditions and for the consideration to be established in an agreement of sale between the Department of General Services and Summerdale Associates, L.P.
(b) Property description.--The property to be conveyed is situate in the Township of East Pennsboro, County of Cumberland, Pennsylvania, bounded and described as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situated in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 1 (remaining lands of the Commonwealth of Pennsylvania Department of Agriculture) and adjoining lands of the Commonwealth of Pennsylvania Department of Agriculture, as shown on a Preliminary/Final Subdivision Plan prepared for the Commonwealth of Pennsylvania Department of Agriculture by the Bureau of Engineering and Architecture of the Department of General Services, dated May 23, 1996, said final plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland on November 1, 1996, at Plan Book 73, Page 64, and being more particularly bounded and described as follows (subject to revision in accordance with a current survey to be performed), to-wit:
BEGINNING at a 5/8 rebar in the northeasterly line of First Street S.R. 1019 (50 feet wide), said point being located approximately 300 feet northwesterly from the intersection of the northeasterly line of First Street and the northwesterly line of Valley Street - S.R. 1004 (Variable Width), and said point being located approximately 934.98 feet southeasterly along the northeasterly line of First Street from a metal post in concrete;
THENCE along the northeasterly line of First Street, North 46 Degrees, 12 Minutes, 11 Seconds West, a distance of 1425.30 feet to a point;
THENCE along lands now or formerly of Capital Area Intermediate Unit, North 42 Degrees, 40 Minutes, 55 Seconds East a distance of 787.38 feet to a point;
THENCE along the same, North 62 Degrees, 22 Minutes, 35 Seconds East, a distance of 942.77 feet to a point;
THENCE along the a line, South 57 Degrees, 55 Minutes, 09 Seconds East, a distance of 646.74 feet to a point;
THENCE along the westerly line of United States Routes 11 and 15 SR 0011 (Variable Width), South 12 Degrees, 46 Minutes, 31 Seconds West, a distance of 257.32 feet to a point;
THENCE along the same, South 74 Degrees, 30 Minutes, 33 Seconds East, a distance of 28.04 feet to a point;
THENCE along the same, South 11 Degrees, 57 Minutes, 12 Seconds West, a distance of 179.34 feet to a point;
THENCE along the same, South 49 Degrees, 32 Minutes, 02 Seconds West, a distance of 99.81 feet to a point;
THENCE along the same, South 12 Degrees, 53 Minutes, 05 Seconds West, a distance of 239.73 feet to a point;
THENCE along the same, South 76 Degrees, 12 Minutes, 12 Seconds East, a distance of 20.05 feet to a point;
THENCE along the same, South 12 Degrees, 56 Minutes, 39 Seconds West, a distance of 628.96 feet to a 5/8 rebar;
THENCE along lands now or formerly of Kelby J. Steele and Lisa A. Steele by Deed dated February 20, 1997, and recorded at Cumberland County Record Book 154, Page 314, and as Cumberland County Instrument No. 1997-005734, and being Lot #2 as shown on said Preliminary/Final Subdivision Plan, North 40 Degrees, 36 Minutes, 52 Seconds West, a distance of 55.86 feet to a 5/8 rebar;
THENCE along the same, South 52 Degrees, 01 Minutes, 33 Seconds West, a distance of 254.11 feet to a 5/8 rebar;
THENCE along the same and by a curve to the right having a radius of 570.66 feet, a chord bearing South 67 Degrees, 17 Minutes, 03 Seconds West, a chord distance of 300.36 feet, and an arc length of 303.94 feet, to a 5/8 rebar;
THENCE along the same, South 37 Degrees, 10 Minutes, 13 Seconds West, a distance of 52.03 feet to a 5/8 rebar, the place of beginning.
CONTAINING 51.04 acres of land, more or less.
BEING, as to a portion thereof, a portion of the lands which Manor Real Estate and Trust Company, by Deed dated September 13, 1923, and recorded at Cumberland County Deed Book V, Volume 9, Page 82, granted and conveyed unto the Commonwealth of Pennsylvania; and
BEING, as to a portion thereof, a portion of the lands which William A. Patterson, single man, and Charles R. Patterson and Viola Rebecca Patterson, his wife, by Deed dated July 23, 1929, and recorded at Cumberland County Deed Book S, Volume 10, Page 530, granted and conveyed to the Commonwealth of Pennsylvania.
TOGETHER WITH all improvements constructed thereon and all rights appurtenant thereto including, but not confined to, oil, gas and minerals (including coal and gravel).
(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, cable, 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) Restriction.--The Deed of Conveyance shall contain a clause prohibiting the use of the property as a warehouse or distribution facility or as a truck terminal and shall state that this restriction of use shall run with the land in perpetuity and shall be binding on Summerdale Associates, L.P., and its successors or assigns.
(f) Costs and fees.--Costs and fees incidental to the conveyance shall be borne by the grantee.
(g) Limitation on transfer.--In the event that the conveyance is executed within one year of the effective date of this section, the property shall be exempt from Article 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. In the event that this conveyance is not executed within one year of the effective date of this act, the property may be disposed of in accordance with Article 2406-A of The Administrative Code of 1929.
(h) Release of restrictions on adjacent property.--In the event that Summerdale Associates, L.P., acquires property adjacent to the property bounded and described in subsection (b), which adjacent property is bounded and described in subsection (i), then the Department of General Services, with the approval of the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania for fair consideration to release and otherwise remove all restrictions imposed on that property by the Commonwealth of Pennsylvania pursuant to Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, and the Surplus Property Disposition Plan No. 1 of 1993 approved by the General Assembly and subsequent documents related thereto in the Deed dated February 20, 1997, and recorded at Cumberland County Record Book 154, Page 314, and as Cumberland County Instrument No. 1997-005734. If a deed restriction is removed as so prescribed, the Department of General Services shall cause to be filed in the Office of Recorder of Deeds for Cumberland County an instrument documenting the removal of the deed restriction.
(i) Adjacent property description.--The adjacent property, on which the restrictions are to be removed, is situate in the Township of East Pennsboro, County of Cumberland, Pennsylvania, bounded and described as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situated in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 2 as shown on a Preliminary/Final Subdivision Plan prepared for the Commonwealth of Pennsylvania Department of Agriculture by the Bureau of Engineering and Architecture of the Department of General Services, dated May 23, 1996, said final plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland on November 1, 1996, at Plan Book 73, Page 64, and being more particularly bounded and described as follows (subject to revision in accordance with a current survey to be performed), to wit:
BEGINNING at the northerly corner of Lot No. 2 at a 5/8 inch rebar, said corner being 935.46 feet southeasterly (in prior conveyances erroneously referred to as south) from a metal post in concrete at beginning of the fourth line (South 32 Degrees, 15 Minutes East, 1198.70 feet) of the lands which William A. Patterson, single man, and Charles R. Patterson and Viola Rebecca Patterson, his wife, by Deed dated July 23, 1929, and recorded at Cumberland County Deed Book S, Volume 10, Page 530 (in prior conveyances erroneously referred to as Deed Book T, Volume 20, Page 322) granted and conveyed to the Commonwealth of Pennsylvania;
THENCE with said line and along lands now or formerly of the Commonwealth of Pennsylvania, South 40 Degrees, 36 Minutes, 50 Seconds East, a distance of 55.86 feet to a 5/8 inch rebar in the westerly (in prior conveyances erroneously referred to as northern) line of United States Routes 11 and 15;
THENCE along the westerly line of United States Routes 11 and 15 (in reference to PennDOT Plan 8-0 Cumberland, Route 30, Section 13, Sheet No. 18A, East Pennsboro Township) by the following four courses and distances:
(1) by a curve to the right having a radius of 3,639.72
feet, a chord bearing of South 16 Degrees, 12 Minutes, 26
Seconds West, a chord length of 220.89 feet, and an arc
length of 220.92 feet, to a 5/8 inch rebar;
(2) thence South 52 Degrees, 09 Minutes, 33 Seconds
West, a distance of 292.74 feet to a 3/4 inch bolt;
(3) thence North 69 Degrees, 50 Minutes, 46 Seconds
West, a distance of 180.63 feet to a 5/8 inch rebar;
(4) thence South 43 Degrees, 34 Minutes, 33 Seconds
West, a distance of 15.00 feet to a 5/8 inch rebar (in prior
conveyances erroneously referred to as a PK nail) in the
northeasterly line of First Street - S.R. 1019 (50 feet
wide);
THENCE along the northeasterly line of First Street, North 46 Degrees, 25 Minutes, 27 Seconds West, a distance of 100.00 feet to a 5/8 inch rebar at the southwesterly corner of Lot No.1 as shown on said Preliminary/Final Subdivision Plan;
THENCE along said Lot No.1 by the following three courses and distances:
(1) North 37 Degrees, 10 Minutes, 13 Seconds East, a
distance of 52.03 feet to a 5/8 inch rebar;
(2) thence by a curve to the left having a radius of
570.66 feet, a chord bearing North 67 Degrees, 17 Minutes, 03
Seconds East, a chord distance of 300.36 feet, and an arc
length of 303.94 feet, to a 5/8 inch rebar;
(3) thence North 52 Degrees, 01 Minutes, 33 Seconds
East, a distance of 254.11 feet to a 5/8 inch rebar, the
place of beginning.
BEING the same premises which the Commonwealth of Pennsylvania, by Deed dated February 20, 1997, and recorded at Cumberland County Record Book 154, Page 314, and as Cumberland County Instrument No. 1997-005734, granted and conveyed to of Kelby J. Steele and Lisa A. Steele.