Section 2

Act 76 of 1992, § 2, under CONVEYANCES - COMMONWEALTH PROPERTIES.

Act 76 of 1992, § 2

Section 2. (a) The Department of General Services, with the approval of the Governor and the Department of Public Welfare, is authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the Urban Redevelopment Authority of Pittsburgh, for a consideration of one-half the fair market value as determined by an appraisal or the remaining bond indebtedness on the subject property, whichever is greater, the following described tract of land situate in the City of Pittsburgh, Allegheny County, Pennsylvania, bounded and described as follows:

FIRST

All those certain lots or parcels of ground situate in the Fifth Ward, City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being Lots Nos. 1 to 16 inclusive, Lot No. 60 and Lots Nos. 63 and 64 in the Wm. V. Callery Plan, as recorded in the Recorder's Office of Allegheny County in Plan Book Volume 13, Pages 114 and 115, being bounded and described as follows, to-wit:

Lots Nos. 1 to 16 inclusive:

Beginning at a point on the southerly line of Ridgeway Street (formerly Ridge Street) at the northwest corner of Lot No. 1 and the westerly line of said Plan of Lots and line of land now or late of William McConway; thence northeastwardly along the southerly line of said Ridgeway Street 434.11 feet to a point on the westerly line of Marcella Street; thence southwardly along the westerly line of said Marcella Street 102.44 feet to a point on the northerly line of a 20-foot way; thence southwestwardly along the northerly line of said 20-foot way 401.44 feet to a point at the southwesterly corner of Lot No. 1 in said Plan of Lots; and thence northwestwardly along the westerly line of said Lot No. 1, along the westerly line of said Plan of Lots and along line of land now or late of the aforementioned William McConway 95.17 feet to the point on the southerly line of Ridgeway Street at the place of beginning.

Lot No. 60:

Beginning at a point on the northerly line of White Street at the dividing line between Lots Nos. 59 and 60 in said Plan of Lots; thence southwestwardly along the northerly line of said White Street 25 feet to a point at the dividing line between Lots Nos. 60 and 61 in said Plan of Lots; thence northwestwardly along said last mentioned dividing line 91.67 feet to a point on the southerly line of a 20-foot way; thence northeastwardly along the southerly line of said 20-foot way 25 feet to a point at the dividing line between Lots Nos. 59 and 60 in said Plan of Lots; and thence southeastwardly along said last mentioned dividing line 91.67 feet to a point on the northerly line of White Street at the place of beginning.

Lots Nos. 63 and 64:

Beginning at a point on the northerly line of White Street at the dividing line between Lots Nos. 62 and 63 in said Plan of Lots; thence southwestwardly along the northerly line of said White Street 63.89 feet to a point at the southwesterly corner of Lot No. 64 in said Plan of Lots; thence northwestwardly along the westerly line of said Lot No. 64 along the westerly line of said Plan of Lots and along line of land now or late of William McConway 91.83 feet to a point on the southerly line of a 20-foot way; thence northeastwardly along the southerly line of said 20-foot way 58.44 feet to a point at the dividing line between Lots Nos. 62 and 63 in said Plan of Lots; and thence southeastwardly along said last mentioned dividing line 91.67 feet to the point on the northerly line of White Street at the place of beginning. The above described properties being the same properties as conveyed to the Tuberculosis League of Pittsburgh by the following deeds:

1. From James D. Callery et ux., et al., dated April 9, 1932, and recorded June 16, 1932, in Deed Book Volume 2472, Page 61.

2. From Joseph Z. Porter et ux., dated May 11, 1927, recorded May 12, 1927, in Deed Book Volume 2316, Page 548.

3. From Willie Claude Hightower et ux., dated May 11, 1927, recorded May 12, 1927, in Deed Book Volume 2316, Page 547.

4. From William McConway et ux., dated March 29, 1912, recorded October 22, 1912, in Deed Book Volume 1754, Page 207.

Block No. 258, Lot No. 98, for 5th Ward property.

SECOND

All that certain lot or parcel of ground situate in the Sixth Ward, City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being bounded and described as follows:

Beginning at a point at the southwesterly corner of Bigelow Boulevard (formerly Grant Boulevard) as widened by Ordinance No. 556 of the City of Pittsburgh, approved December 2, 1938, and recorded in Ordinance Book Volume 49, Page 340, and Morgan Street (formerly Blakeley Street); thence along the southeasterly line of said Bigelow Boulevard south 62 degrees 48 minutes 17 seconds west 200.50 feet to the point on line of land of the City of Pittsburgh; thence along line of land of the City of Pittsburgh south 27 degrees 11 minutes 43 seconds east 136.80 feet to a point on the northwesterly line of the aforementioned Morgan Street; and thence along the northwesterly line of said Morgan Street north 28 degrees 29 minutes 57 seconds east 242.72 feet to the point at the southwesterly corner of Bigelow Boulevard and Morgan Street at the place of beginning.

Block 25-S, Lot 104.

Subject to a street 30 feet wide known as Judson Street (formerly Jeremy Street) running southwestwardly through said property from Morgan Street to the southwesterly line of the lot hereinabove described.

Subject to slopes for said Bigelow Boulevard as same are fixed in Ordinance No. 163 of the City of Pittsburgh, approved March 29, 1939, recorded in Ordinance Book Volume 49, Page 614.

THIRD

All that certain lot or parcel of ground situate in the Sixth Ward of the City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being Lots Nos. 1 to 28 inclusive in Jones, Jeremy and Scully Plan, as recorded in the Recorder's Office of Allegheny County in Plan Book Volume 4, Pages 152 and 153, being bounded and described as follows:

Beginning at a point at the northeasterly corner of Ridgeway Street (formerly Ridge Street) and Morgan Street (formerly Blakeley Street); thence along the northwesterly line of said Ridgeway Street north 60 degrees 56 minutes 57 seconds east 458.24 feet to a point on the Denny Manor Line; thence along the Denny Manor Line north 59 degrees 40 minutes 3 seconds west 246.00 feet to a point on the southeasterly line of the aforementioned Morgan Street; and thence along the southeasterly line of said Morgan Street south 28 degrees 29 minutes 57 seconds west 394.56 feet to the point at the northeasterly corner of Ridgeway Street and Morgan Street at the place of beginning.

Block 25-S, Lot No. 98.

The second and third described properties being the same properties which Andrew Carnegie et al. Trustees under Will of Mary E. Schenley, deceased, by deed dated February 2, 1916, and recorded March 2, 1916, in Deed Book Volume 1836, Page 625, granted and conveyed unto the Tuberculosis League of Pittsburgh.

FOURTH

All that certain lot or parcel of ground situate in the Fifth Ward, City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being bounded and described according to United States Standard Measure as follows:

Beginning at a point on the northwesterly line of Bedford Avenue at line of land now or late of Henry W. Oliver, Jr., said point being the westerly line of the Wm. V. Callery Plan, recorded in the Recorder's Office of Allegheny County in Plan Book Volume 13, Pages 114 and 115, and distant along the northwesterly line of said Bedford Avenue south 60 degrees 56 minutes 57 seconds west 130.15 feet from the northwesterly line of said Bedford Avenue and Tulsa Street; thence along the northwesterly line of said Bedford Avenue south 60 degrees 56 minutes 57 seconds west 229.10 feet to a point; thence along other land of the party of the first part the following five courses and distances: north 25 degrees 54 minutes 33 seconds west 261.24 feet to a point; south 78 degrees 36 minutes 32 seconds west 37.98 feet to a point; north 25 degrees 54 minutes 33 seconds west 95.00 feet to a point; south 64 degrees 05 minutes 27 seconds west 101.11 feet to a point; south 25 degrees 46 minutes 53 seconds east 105.63 feet to a point on line of land of the Housing Authority of the City of Pittsburgh at the center line of a 20-foot right-of-way described in deed from the Housing Authority of the City of Pittsburgh to the Tuberculosis League of Pittsburgh, dated November 7, 1952, and recorded in the Recorder's Office of Allegheny County in Deed Book Volume 3247, Page 194; thence along line of land of the Housing Authority of the City of Pittsburgh, south 64 degrees 03 minutes 07 seconds west 155.12 feet to a point on the northeasterly line of Morgan Street now vacated; thence along the northeasterly line of said Morgan Street north 25 degrees 46 minutes 53 seconds west 149.32 feet to a point; thence along line of land now or late of Harding Harston north 64 degrees 03 minutes 07 seconds east 44.24 feet to a point; thence along the same north 25 degrees 46 minutes 53 seconds west 54.92 feet to a point on the southeasterly line of Ridgeway Street (formerly Ridge Street); thence along the southeasterly line of said Ridgeway Street north 60 degrees 56 minutes 57 seconds east 480.17 feet to a point on line of land now or late of Henry W. Oliver, Jr., and the westerly line of the aforementioned Plan of Lots; and thence along said last mentioned line south 25 degrees 39 minutes 03 seconds east 478.05 feet to the point on the northwesterly line of Bedford Avenue at the place of beginning.

For chain of title to premises fourth above described, see the following deeds to the Tuberculosis League of Pittsburgh:

1. From H. A. Phillips, unmarried, dated June 16, 1921, recorded June 23, 1921, in Deed Book Volume 2071, Page 93.

2. From William McConway et ux., dated March 5, 1910, recorded June 21, 1910, in Deed Book Volume 1672, Page 305.

3. From Huston Brothers Company, dated April 20, 1920, recorded May 14, 1920, in Deed Book Volume 2046, Page 227.

Block 258, Lot No. 98.

FIFTH

The free and uninterrupted use, liberty and privilege in common with the parties of the first part, its successors and assigns, the Housing Authority of the City of Pittsburgh, its successors and assigns, together with their tenants and occupiers for the time being and licensees, for said second party, its successors and assigns and its agents, servants and licensees at its and their will and pleasure at all times and purposes, to go, return, pass and repass by vehicle and on foot along and over a certain paved private road 20 feet wide and approximately 265 feet long through property now or formerly of the Housing Authority of the City of Pittsburgh, abutting property of the Tuberculosis League of Pittsburgh, said road being situate in the Fifth Ward, City of Pittsburgh, and bounded and described as follows:

Beginning at a point, said point being on the northerly side of Bedford Avenue and distant south 60 degrees 55 minutes 42 seconds west 12.07 feet from the intersection of the lands now or formerly of the Housing Authority of the City of Pittsburgh and lands of the Tuberculosis League of Pittsburgh; thence continuing along said northerly side of Bedford Avenue south 60 degrees 55 minutes 42 seconds west 20.12 feet to a point; thence along lands now or formerly of the Housing Authority of the City of Pittsburgh north 25 degrees 48 minutes 18 seconds west 267.70 feet to lands of the Tuberculosis League of Pittsburgh; thence along the same north 64 degrees 11 minutes 42 seconds east 20 feet to a point; thence along lands now or formerly of the Housing Authority of the City of Pittsburgh south 25 degrees 48 minutes 18 seconds east 266.55 feet to the northerly side of Bedford Avenue at the place of beginning.

Together with and subject to the various rights and obligations appurtenant to above described right-of-way as more fully set forth and described in deed of the Housing Authority of the City of Pittsburgh to the Tuberculosis League of Pittsburgh, dated November 7, 1952, of record in Deed Book Volume 3247, Page 194.

Being the same right-of-way as conveyed by the aforesaid deed of the Housing Authority of the City of Pittsburgh to the Tuberculosis League of Pittsburgh, dated November 7, 1952, recorded in Deed Book Volume 3247, Page 194.

Except coal and mining rights, granted or reserved by prior instruments of record.

(b) The Commonwealth of Pennsylvania shall maintain the property until such time as title is conveyed. Title shall be conveyed at such time as the Urban Redevelopment Authority of Pittsburgh pays the consideration required by subsection (a).

(c) The conveyance shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.

(d) The conveyance shall be made under and will be subject to the restriction and covenant by the grantee, for itself, its successors and assigns, which covenant shall run with the land, that the premises herein shall be used for housing for any of the following: low and moderate income persons, the elderly and the handicapped.

(e) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

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

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.