Conveyance in City of Pittsburgh, Allegheny County

Act 24 of 2022, § 5, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES AND REPEALS.

Act 24 of 2022, § 5

Section 5. Conveyance in City of Pittsburgh, Allegheny 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 the following tracts of land, together with the buildings and improvements thereon, known as the former State Correctional Institution - Pittsburgh, situate in the City of Pittsburgh, Allegheny County, to the buyer that submits the proposal through a competitive solicitation for proposals process that the Department of General Services determines offers the best value and return on investment. In making the determination, the Department of General Services may consider, in addition to price, the proposed use of the property, job creation, return to the property tax rolls and other criteria specified in the solicitation documents. A competitive solicitation committee shall be established to review proposals and recommend a buyer. The competitive solicitation committee shall be comprised of the Secretary of General Services or a designee, the member of the Senate in whose district the majority of the property is located or a designee, the member of the House of Representatives in whose district the majority of the property is located or a designee and an official representative of the municipality in which the property is located.

(b) Property description.--The property to be conveyed under subsection (a) consists of two tracts of land totaling approximately 20.2736 acres, including all improvements located thereon, bounded and more particularly described as follows:

ALL THOSE CERTAIN parcels of land, with improvements thereon, situate in the City of Pittsburgh, Allegheny County Pennsylvania, within the area bounded by Westhall Street, New Beaver Avenue, Doer Street and the low waterline of the Ohio River, more particularly described as follows (such descriptions not constituting a consolidation of lots):

Tract 1

BEING the lands within Tax Parcel No. 44-B-100 east of Tax Parcel No. 44-B-125, a section of the former CSX Transportation System and the following Tax Parcels: 44-B-20, 44-B-25, 44-B-26, 44-B-50, 44-B-60, 44-B-70, 44-C-60, 44-C-68, 44-C-90, 44-C-122, 44-C-124, 44-C-402, 44-G-01, 44-G-02, 44-G-20, and 44-G-298.

BEGINNING at a point located at Pennsylvania State Plane South Coordinates: N 423084.50, E 1330519.44, being S 85° 05' 23" W a distance of 67.13 feet from a City of Pittsburgh monument in the sidewalk on the south side of Westhall Street, said point also being on the southern right-of-way line of Westhall Street, having a width of 50 feet, and being the northeastern most corner of the line of lands now or formerly of the City of Pittsburgh, Tax ID No. 44-B-125 and previously a portion of the CSX Transportation System, and being the northwestern most corner of the lands herein described, and being the point of beginning; thence along the southern right-of-way of Westhall Street the following three courses and distances:

N 89° 14' 55" E a distance of 671.46 feet to a point;

N 89° 14' 55" E a distance of 48.62 feet along the northern line of Tax Parcel 44-C-124 to a point;

N 89° 14' 55" E a distance of 139.20 feet along the northern line of Tax Parcel 44-C-122 to a point;

Thence by a curve to the right following the right-of-way transition between Westhall Street and New Beaver Avenue, having a radius of 25.00 feet, an arc length of 40.76 feet, and a chord bearing S 44° 02' 30" E a distance of 36.39 feet to a point;

Thence along the right-of-way of New Beaver Avenue, having a variable width, the following five courses and distances:

By a curve to the left along the eastern line of Tax Parcel 44-C-122 having a radius of 722.88 feet, an arc length of 126.15 feet, and a chord bearing S 02° 19' 53" E a distance of 125.99 feet to a point;

By a curve to the left along the eastern line of Tax Parcel 44-C-60 having a radius of 722.88 feet, an arc length of 82.56 feet, and a chord bearing S 10° 36' 08" E a distance of 82.52 feet to a point;

By a curve to the left along the eastern line of Tax Parcel 44-C-90 having a radius of 1035.00 feet, an arc length of 234.83 feet, and a chord bearing S 20° 23' 10" E a distance of 234.33 feet to a point;

Continuing along the eastern line of Tax Parcel 44-C-90, S 26° 53' 10" E a distance of 227.22 feet to a point;

S 26° 53' 10" E along the eastern line of Tax Parcel 44-G-20 a distance of 266.20 feet to a point;

Thence by a curve to the right following the right-of-way transition between New Beaver Avenue and Doerr Street, having a radius of 25.00 feet, an arc length of 45.52 feet, and a chord bearing S 25° 16' 24" W a distance of 39.49 feet to a point;

Thence along the northern right of way of Doerr Street, having a width of 50 feet, the following five courses:

S 77° 25' 57" W a distance of 171.42 feet along the southern line of Tax Parcel 44-G-20 to a point;

S 77° 25' 57" W a distance of 173.45 feet along the southern line of Tax Parcel 44-G-298 to a point;

S 77° 25' 57" W a distance of 59.31 feet along the southern line of Tax Parcel 44-B-100 to a point;

S 77° 25' 57" W a distance of 153.00 feet along the southern line of Tax Parcel 44-G-1 to a point;

S 77° 25' 57" W a distance of 285.88 feet along the southern line of Tax Parcel 44-B-100 to a point;

Thence along the line of lands now or formerly of the City of Pittsburgh, Tax Parcel No. 44-B-125, formerly a part of the CSX Transportation System and now functioning as a walking trail, the following three courses and distances:

Thence by a curve to the right having a radius of 1117.56 feet, an arc length of 256.41 feet, and a chord bearing N 31° 29' 36" W a distance of 255.85 feet to a point;

Thence by a curve to the right having a radius of 1516.99 feet, an arc length of 300.34 feet, and a chord bearing N 20° 05' 33" W a distance of 299.85 feet to a point;

N 12° 29' 42" W a distance of 615.58 feet to a point being the Point of Beginning.

Containing: 923,257 S.F. or 21.1951 Acres

EXCEPTING out from this description Tax Parcel No. 44-C-122, presently owned by the Commonwealth of Pennsylvania Department of Transportation, bounded and described as follows:

BEGINNING at a point being the northwestern corner of the lands described here, and the northeastern corner of lands now or formerly of the Commonwealth of Pennsylvania, Tax Parcel 44-C-124, and being a point of the southern right-of-way of Westhall Street, having a width of 50 feet, and being shown as 'POB 11' on the plan SCI Pittsburgh Boundary Survey of 2017; thence continuing along the Westhall Street right-of-way N 89° 14' 55" E a distance of 139.20 feet to a point; thence by a curve to the right following the right-of-way transition between Westhall Street and New Beaver Avenue, having a radius of 25.00 feet, an arc length of 40.76 feet, and a chord bearing S 44° 02' 30" E a distance of 36.39 feet to a point; thence along the right-of-way of New Beaver Avenue, having a variable width by a curve to the left having a radius of 722.88 feet, an arc length of 126.15 feet, and a chord bearing S 02° 19' 53" E a distance of 125.99 feet to a point; thence following the northern line of Tax Parcel 44-C-60, S 89° 03' 40" W a distance of 132.73 feet to a point; thence along the eastern line of Tax Parcel 44-C-122, N 13° 36' 47" W a distance of 156.80 feet to the point of beginning.

Containing 22,254 S.F. or 0.5109 Acres.

ALSO EXCEPTING out Tax Parcel No. 44-G-298, presently owned by the Allegheny County Industrial Development Authority, bounded and described as follows:

BEGINNING at a point being the southwestern corner of the lands described here, and the southeastern corner of lands now or formerly of the Commonwealth of Pennsylvania, Tax Parcel 44-B-100, and being a point on the northern right-of-way line of Doerr Street feet, and being shown as 'POB 17' on the plan SCI Pittsburgh Boundary Survey of 2017: thence along the eastern line of Tax Parcel 44-B-100 N 12° 40' 25" W a distance of 288.20 feet to a point; thence along the southern line of Tax Parcel 44-C-68, N 77° 10' 34" E a distance of 100.00 feet to a point; thence along the southern line of Tax Parcel 44-B-100, N 77° 10' 34" E a distance of 0.30 feet to a point; thence along the western line of Tax Parcel No. 44-G-20, S 26° 53' 10" E a distance of 297.91 feet to a point; thence along the northern line of Doerr Street S 77° 25' 57" W a distance of 173.45 feet to the point of beginning.

Containing: 39,486 S.F. or 0.9065 Acres.

Tract 2

BEING the lands within Tax Parcel No. 44-B-100 bounded on the east by Tax Parcel No. 44-B-125, a section of the former CSX Transportation System, bounded on the south by the southern right-of-way line of Doerr Street having a width of 50 feet, bounded on the west by the low water line of the Ohio River, and bounded on the north by the southern right-of-way line of Westhall Street having a width of 50 feet, and more particularly described as follows:

BEGINNING at a point, being the point of beginning for Tract 1 above, located at Pennsylvania State Plane South Coordinates: N 423084.50, E 1330519.44, being S 85° 05' 23" W a distance of 67.13 feet from a City of Pittsburgh monument in the sidewalk on the south side of Westhall Street, thence from the Tract 1 point of beginning, S 89° 14' 55" W a distance of 15.32 feet to the true point of beginning for Tract 2, also being located at Pennsylvania State Plane South Coordinates: N 423084.30, E 1330504.12, and being the northeastern most corner of the lands herein described, and being a point on the southern right-of-way line of Westhall Street, having a width of 50 feet, and being the northwestern most corner of the line of lands now or formerly of the City of Pittsburgh, Tax ID No. 44-B-125 previously a portion of the CSX Transportation System; thence from said True Point of Beginning along the western line of Tax Parcel No. 44-B-125 the following three courses and distances:

S 12° 29' 42" E a distance of 617.49 feet to a point;

By a curve to the left having a radius of 1525.63 feet, an arc length of 304.93 feet, and a chord bearing S 20° 02' 59" E a distance of 304.43 feet to a point;

By a curve to the left having a radius of 1132.93 feet, an arc length of 308.48 feet, and a chord bearing S 32° 43' 45" E a distance of 307.52 feet to a point;

Thence along the southern right-of-way line of Doerr Street, having a width of 50 feet, S 77° 25' 57" W a distance of 27.99 feet to a point;

Thence along the low water line of the Ohio River the following four courses and distances:

By a curve to the right having a radius of 1806.62 feet, an arc length of 561.64 feet, and a chord bearing N 26° 06' 33" W a distance of 559.38 feet to a point;

N 12° 23' 51" W a distance of 265.87 feet to a point;

N 14° 11' 44" W a distance of 265.28 feet to a point;

By a curve to the left having a radius of 356.28, an arc length of 153.59 feet, and a chord bearing N 28° 44' 29" W a distance of 152.41 feet to a point;

Thence along the southern right-of-way line of Westhall Street, having a width of 50 feet, N 89° 14' 55" E a distance of 64.69 feet to a point being the true point of beginning

Containing: 21,603 S.F. or 0.4959 Acres.

Total of Tract 1 and Tract 2 is 944,860 S.F. or 21.6910 Acres.

Total of Tract 1 and Tract 2

(Less 44-C-122 and 44-G-298) is 883,120 S.F. or 20.2736 Acres.

Bearings based on the Pennsylvania State Plane South Coordinate System. This description prepared by Paul J. Neff, PLS of Pedersen & Pedersen, Inc., based on the 2017 survey for DGS SCI as shown on the plan SCI Pittsburgh Boundary Survey of 2017. These descriptions do not constitute a Lot Consolidation of the Commonwealth's properties.

(c) Conditions.--The following apply:

(1) The 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 State law. 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 by this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(2) 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 of conveyance.--The conveyance shall be by special warranty deed executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(e) Restrictions.--The Secretary of General Services may impose any covenants, conditions or restrictions on the property described under subsection (b) at settlement as determined to be in the best interests of the Commonwealth.

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

(g) Proceeds.--The proceeds from the sale shall be deposited into the General Fund.