Section 2. Transfer in Smithfield Township, Huntingdon County.
(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 to Smithfield Township or its assigns certain lands on the grounds of the State Correctional Institution - Huntingdon described in subsection (b) for fair consideration equal to fair market value as determined by independent appraisal.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 115.93 acres, more particularly described as follows:
Parcel A
BEGINNING at a point on the southern edge of the right-of-way for S.R. 0022, said point being marked by an iron pin; thence along the right-of-way for S.R. 0022 along an arc curve to the right having a radius of 11399.19 feet a distance of 1684.83 feet to a point marked by an iron pin and located on the southern edge of S.R. 0022; thence along same South 56 degrees 09 minutes 17 seconds East, 615.78 feet to an iron pin; thence along the northern edge of the right-of-way for S.R. 0026 South 59 degrees 16 minutes 17 seconds West, 869.30 feet to an iron pin; thence along same South 30 degrees 43 minutes 43 seconds East, 5.00 feet to an iron pin; thence along same South 59 degrees 16 minutes 17 seconds West, 705.94 feet to an iron pin; thence along other lands of the Grantor herein North 47 degrees 24 minutes 36 seconds West, 726.62 feet to a concrete monument; thence along same North 58 degrees 18 minutes 08 seconds West, 1032.36 feet to an iron pin; thence along same North 17 degrees 30 minutes 01 seconds East, 1081.12 feet to a railroad spike; thence along lands now or formerly of Muirco, Inc. South 80 degrees 04 minutes 19 seconds East, 471.91 feet to an iron pin the place of BEGINNING.
CONTAINING 67.20 acres and denominated as Parcel A on a Plan of Survey for the Township of Smithfield dated August 20, 1998, and denominated as Project No. 1002-01 D-3 prepared by G. I. Phillips, III, PLS.
Parcel B
BEGINNING at an iron pin on the southern edge of the right- of-way for S.R. 0026; thence along the southern edge of the right-of-way for S.R. 0026 North 57 degrees 25 minutes 17 seconds East, 734.85 feet to an iron pin; thence along same along an arc curve to the right having an arc radius of 11434.19 feet an arc length of 369.19 feet to an iron pin; thence along same North 59 degrees 16 minutes 17 seconds East 901.75 feet to an iron pin; thence along other lands of the Grantor herein South 30 degrees 43 minutes 42 seconds East, 1038.52 feet to an iron pin; thence along same South 58 degrees 25 minutes 14 seconds West, 1467.30 feet to an iron pin; thence along lands now or formerly of William E. Swigart, Jr. North 58 degrees 18 minutes 09 seconds West, 1162.69 feet to an iron pin, the place of BEGINNING.
CONTAINING 41.76 acres and denominated as parcel B on a Plan of Survey for the Township of Smithfield dated August 20, 1998, and denominated as Project No. 1002-01 D-3 prepared by G. I. Phillips, III, PLS.
Parcel C
BEGINNING at an iron pin located on the southern edge of the right-of-way for S.R. 0022; thence along lands now or formerly of the Grantor herein South 33 degrees 50 minutes 43 seconds West, 416.55 feet to an iron pin; thence along same South 60 degrees 56 minutes 46 seconds West, 56.36 feet to a point in the water; thence along same North 50 degrees 46 minutes 27 seconds West, 712.79 feet to an iron pin; thence along same North 39 degrees 13 minutes 37 seconds East, 171.29 feet to an iron pin; thence along same along an arc curve to the left having an arc radius of 203.49 feet an arc length of 139.67 feet to an iron pin; thence along same along an arc curve to the right having a radius of 119.39 feet a length of 119.25 feet; thence along the southern edge of the right-of-way for S.R. 0022 South 56 degrees 09 minutes 17 seconds East, 618.41 feet to an iron pin the place of BEGINNING.
CONTAINING 6.97 acres, more or less, and being denominated as Parcel C on a Plan of Survey for the Township of Smithfield dated August 20, 1998, and denominated as Project No. 1002-01 D- 3 prepared by G. I. Phillips, III, PLS.
(c) Easements.--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) Covenants and restrictions.--The deed of conveyance shall contain the following covenants and restrictions:
(1) No alterations, construction, development, earth
disturbance or excavation will take place within one hundred
fifty (150) feet of the Mason Spring Reservoir fence located
on residual lands of the Commonwealth of Pennsylvania and
Parcels A, B and C.
(2) Grantee, its successors and assigns will protect and
preserve the water resources of the Commonwealth located at
the Mason Spring Reservoir Area. In the event contamination
of the water resources occurs as a result of development or
use on Parcels A, B or C, the grantee shall take the
necessary steps to decontaminate the water sources and shall
be responsible for all incidental and consequential costs
that the Commonwealth of Pennsylvania may incur as a result
of the contamination.
(e) 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) Disposal.--In the event that this conveyance is not executed with Smithfield Township or its assigns, 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.
(h) Repeal.--Section 3 of the act of December 19, 1997 (P.L.623, No.66), entitled "An act authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to the City of McKeesport a tract of land situate in the Seventh Ward, City of McKeesport, Allegheny County, and to sell and convey to Smithfield Township certain land situate in the Township of Smithfield, Huntingdon County; and authorizing and directing the Department of General Services, with the approval of the Governor, to convey tracts of land and buildings, consisting of a portion of the former Laurelton Center, located in Hartley Township, Union County, Pennsylvania," is repealed.