Conveyance in Susquehanna Township, Dauphin County

Act 74 of 2007, § 5, under CONVEYANCES - COMMONWEALTH PROPERTY IN LIGONIER BOROUGH, WEST MORELAND COUNTY; CITY OF CONNELLSVILLE, FAYETTE COUNTY; CITY OF ALLENTOWN, LEHIGH COUNTY; BENSALEM TOWNSHIP, BUCKS.

Act 74 of 2007, § 5

Section 5. Conveyance in Susquehanna Township, Dauphin County.

(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the Pennsylvania State Employees Credit Union certain lands, and any improvements thereon, situate in Susquehanna Township, Dauphin County for $2,718,600 and under terms and conditions to be established in an agreement of sale with the Department of General Services.

(b) Description.--The property to be conveyed under subsection (a) consists of approximately 47.28 acres, and any improvements thereon, bounded and more particularly described as follows:

Beginning at a point, said point being located along the southerly right-of-way line of Interstate 81, approximately 355 feet from the centerline of Kohn Road, THE POINT OF BEGINNING; thence progressing South 18 degrees 15 minutes 00 seconds East a distance of 256.84 feet to a point on the western right-of-way line of Kohn Road; thence progressing along said right of way along a curve to the right having a radius of 551.04 feet, an arc length of 201.48 feet, a chord bearing of South 72 degrees 53 minutes 02 seconds West, and a chord distance of 200.36 feet to a point; thence along said right of way along a curve to the right having a radius of 1365.28 feet, an arc length of 130.90 feet, a chord bearing of South 89 degrees 18 minutes 14 seconds West, and a chord distance of 130.84 feet to a point; thence progressing along said right of way North 85 degrees 57 minutes 13 seconds West a distance of 402.09 feet to a point; thence progressing along said right of way North 86 degrees 33 minutes 02 seconds West a distance of 123.91 feet to a point; thence progressing along said right of way along a curve to the left having a radius of 316.50 feet, an arc length of 92.88 feet, a chord bearing of South 85 degrees 02 minutes 33 seconds West, and a chord distance of 92.55 feet to a point; thence progressing along said right of way along a curve to the left having a radius of 155.68 feet, an arc length of 214.47 feet, a chord bearing of South 37 degrees 10 minutes 05 seconds West, and a chord distance of 197.91 feet to a point; thence progressing along said right of way along a curve to the left having a radius of 2381.50, an arc length of 230.54 feet, a chord bearing of South 05 degrees 04 minutes 21 seconds East, and a chord distance of 230.45 feet to a point; thence progressing along said right of way South 07 degrees 50 minutes 44 seconds East a distance of 255.94 feet to a point; thence progressing along said right of way South 07 degrees 56 minutes 18 seconds East a distance of 105.02 feet to a point; thence progressing along said right of way South 09 degrees 38 minutes 55 seconds East a distance of 94.05 feet to a point; thence progressing along said right of way South 13 degrees 31 minutes 27 seconds East a distance of 96.77 feet to a point; thence progressing along said right of way South 13 degrees 16 minutes 31 seconds East a distance of 138.40 feet to a point; thence progressing along said right of way South 13 degrees 42 minutes 07 seconds East a distance of 41.97 feet to a point; thence leaving the right of way of Kohn Road and progressing South 82 degrees 38 minutes 10 seconds West a distance of 1,158.49 feet to a point; thence progressing North 07 degrees 21 minutes 50 seconds West a distance of 1,661.98 feet to a point along the southerly right of way of Interstate 81; thence progressing along said right of way South 85 degrees 54 minutes 11 seconds East a distance of 1,511.03 feet to a point; thence progressing along said right of way along a curve to the left having a radius of 3939.83, an arc length of 445.14 feet, a chord bearing of South 85 degrees 54 minutes 11 seconds East, and a chord distance of 444.90 feet to a point; thence progressing along said right of way North 00 degrees 51 minutes 37 seconds East a distance of 20.00 feet to a point; thence progressing along said right of way along a curve to the left having a radius of 3919.83 feet, an arc length of 239.27 feet, a chord bearing of North 89 degrees 06 minutes 42 seconds East, and a chord distance of 239.23 feet to a point, THE POINT OF BEGINNING.

CONTAINING 47.28 Acres.

(c) Easements.--The conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, including 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) Restrictions.--Any 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 under 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. If the grantee, its successors or assigns, permits any portion of the property authorized to be conveyed under this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) Special warranty 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.

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

(g) Proceeds.--The Department of General Services shall utilize the proceeds from the conveyance to reimburse itself for costs or fees it incurred as a result of this conveyance. Any funds remaining after reimbursement to the Department of General Services shall be deposited into the Agricultural Farm Operations Account established under the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture."

(h) Alternate disposal.--If the grantee and the Department of General Services cannot reach a mutually acceptable agreement of sale within 12 months of the effective date of this section, the property may be disposed of 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.