Bill Text: PA SB904 | 2009-2010 | Regular Session | Amended

Pennsylvania Senate Bill 904 (Prior Session Legislation)

Bill Title: Authorizing the Department of General Services, with the approval of the Department of Public Welfare and the Governor, to grant and convey to West Bradford Township, certain lands situate in West Bradford Township, Chester County; and authorizing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, to grant and convey to Waynesburg University certain lands situate in the Borough of Waynesburg, Greene County.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-02 - Act No. 43 [SB904 Detail]

Download: Pennsylvania-2009-SB904-Amended.html

PRIOR PRINTER'S NOS. 1177, 1908

PRINTER'S NO. 2029

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

904

Session of

2009

INTRODUCED BY DINNIMAN, JUNE 17, 2009

SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 7, 2010

AN ACT

Authorizing the Department of General Services, with the

approval of the Department of Public Welfare and the

Governor, to grant and convey to West Bradford Township,

certain lands situate in West Bradford Township, Chester

County; authorizing and directing the Department of General

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Services, with the approval of the Governor, to grant and

convey to the Philadelphia Authority for Industrial

Development certain lands situate in the 39th Ward of the

City of Philadelphia; authorizing and directing the

Department of General Services, with the approval of the

Governor, to grant and convey to the Philadelphia Regional

Port Authority certain submerged lands situate in the 39th

Ward of the City of Philadelphia; and authorizing the

Department of General Services, with the approval of the

Governor and the Department of Military and Veterans Affairs,

to grant and convey to Waynesburg University certain lands

situate in the Borough of Waynesburg, Greene County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance to West Bradford Township, Chester

County.

(a) Authorization.--The Department of General Services, with

the approval of the Department of Public Welfare and the

Governor, is hereby authorized on behalf of the Commonwealth of

Pennsylvania to grant and convey to West Bradford Township

certain lands, known as Embreeville Center, situate in West

Bradford and Newlin Townships, Chester County, for $2,000,000.00

and under terms and conditions to be established in an agreement

of sale with the Department of General Services.

(b) Property description.--The property to be conveyed

pursuant to subsection (a) consists of approximately 225.115

acres and all improvements thereon bounded and more particularly

described as follows:

ALL THAT CERTAIN tract of land with the buildings and

improvements thereon erected partly situated in the Township of

West Bradford and partly within the Township of Newlin, County

of Chester, Commonwealth of Pennsylvania as shown on an

ALTA/ACSM survey for Embreeville Center prepared by Stantec

Consulting Services, and dated September 30, 2008 (the "Stantec

Survey"), last revised on Oct. 7, 2008, the bounds of which

being described as follows to wit:

BEGINNING at a point in the centerline in the bed of

Telegraph Road (SR0162) (originally 33 feet wide right-of-way)

which point being the southwesterly corner of parcel number

50-8-09.3, Lot 1 as shown on final plan for a 3 lot subdivision

for Commonwealth of Pennsylvania prepared by Lake, Roeder,

Hillard & Beers dated April 30, 2001, Chester County Plat No.

16063, (lands now or late West Bradford Township); THENCE from

said Beginning Point and along title line and centerline in the

bed of said Telegraph Road (aka Embreeville Road) the following

six (6) courses and distances:

1) South 70°43'53" West, 414.88 feet to a point;

2) South 72°10'25" West, 352.39 feet to a point;

3) South 83°39'22" West, 205.68 feet to a point at or near

the municipal boundary line dividing the Township of West

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Bradford, Chester County from the Township of Newlin, Chester

County; THENCE crossing said line,

4) North 85°16'42" West, 150.23 feet to a point;

5) North 80°56'32" West, 412.72 feet to a point of curve;

6) along the arc of a circle curving to the left in a

westwardly direction having a radius of 1,000.00 feet, an arc

distance of 332.44 feet to a point; (chord bears South 89°32'03"

West, 330.91 feet); THENCE leaving same and along lines of a

certain sewage treatment plant area, the following three (3)

courses and distances:

1) South 11°15'43" East, 648.13 feet to a point;

2) South 78°31'24" West, 299.50 feet to a point;

3) North 11°15' 41" West, 645.59 feet to a point in the

aforementioned title line and centerline in the bed of

Embreeville Road;

THENCE along same the following four (4) courses and distances:

1) South 77°54'34" West, 205.91 feet to a point of curve;

2) along the arc of a circle curving to the left in a

southwestwardly direction having a radius of 1,400.00 feet, an

arc distance of 199.73 feet to a point of reverse curve; (chord

bears South 73°49'21" West, 199.56 feet);

3) along the arc of a circle curving to the right in a

southwestwardly direction having a radius of 1,100.00 feet, an

arc distance of 192.24 feet to a point of reverse curve; (chord

bears South 74°44'31" West, 192.00 feet);

4) along the arc of a circle curving to the left in a

southwestwardly direction having a radius of 270.00 feet, an arc

distance of 139.65 feet to a point; (chord bears South 64°55'22"

West, 138.10 feet); THENCE leaving said title line and

centerline and along the easterly line of lands and other lands

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now or late Newlin Township the following four (4) courses and

distances:

1) North 50°37'59" West, 224.02 feet to a point:

2) North 23°27'59" West, 200.00 feet to a point;

3) North 71°52'59" West, 183.20 feet to a point;

4) North 83°24'59" West, 638.47 feet to a concrete monument;

THENCE along the easterly line of a certain lot 3 per final plan

for a 3 lot subdivision for Commonwealth of Pennsylvania

prepared by Lake, Roeder, Hillard & Beers dated April 3, 2001,

Chester County Plat No. 16063, (lands now or late West Bradford

Township); North 08°09'10" West, 2,914.11 feet re-crossing the

aforementioned municipal boundary dividing the Township of

Newlin from the Township of West Bradford to a point in the

southerly right-of-way line of Strasburg Road (SR3062) (60 feet

wide right-of-way); THENCE along said right-of-way line of said

Strasburg Road the following two (2) courses and distances:

1) South 63°58'30" East, 130.55 feet to a point of curve;

2) along the arc of a circle curving to the left in a

southwestwardly direction having a radius of 1,940.08 feet, an

arc distance of 252.51 feet to a point of intersection with the

westerly line of lands PSW Co. (Deed Book 4980 page 1763) (chord

bears South 67°48'14" West, 252.33 feet); THENCE leaving said

southerly right-of-way line and along lines of land now or late

PSW Co. the following five courses and distances.

1) South 18°30'04" West, 198.80 feet to a point;

2) South 66°11'30" East, 271.34 feet to a point;

3) North 17°45'53" East, 68.38 feet to a point;

4) South 81°07'24" East, 213.73 feet to a point;

5) North 16°30'11" East, 132.88 feet to a point in the

aforementioned southerly right-of-way line for Strasburg Road

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(SR 3062) (variable width right-of-way); THENCE along said

southerly variable width right-of-way the following sixteen (16)

courses and distances:

1) South 83°02'27" East, 21.46 feet to a point;

2) South 86°44'58" East, 52.01 feet to a point;

3) North 89°32'52" East, 52.03 feet to a point;

4) North 85°50'41" East, 52.06 feet to a point;

5) North 83°14'14" East, 52.03 feet to a point;

6) North 80°37'31" East, 51.99 feet to a point;

7) North 76°54'59" East, 52.08 feet to a point;

8) North 77°34'43" East, 51.63 feet to a point;

9) North 77°10'04" East, 51.38 feet to a point;

10) North 77°53'16" East, 51.12 feet to a point;

11) North 76°22'58" East, 51.04 feet to a point;

12) North 77°07'36" East, 50.91 feet to a point;

13) North 71°18'37" East, 41.07 feet to a point;

14) North 76°17'30" East, 536.71 feet to a point;

15) along the arc of a circle curving to the right in a

northeastwardly direction having a radius of 2,834.93 feet, an

arc distance of 413.90 feet to a point of tangency (chord bears

North 80°28'27" East, 413.54 feet);

16) North 84°39'25" East, 228.25 feet to a point of

intersection with the westerly line of lands now or late SPCA as

shown on Final Minor Subdivision Plan prepared for Chester

County SPCA prepared by Regester Associates, Inc. (Chester

County Plan No. 16616), THENCE along the westerly line of lands

now or late SPCA South 09°23'14" East, 1,490.84 feet to a point;

THENCE along the southerly line of said lands North 44°32'32"

East, 1048.92 feet to the westerly line of Tattersall Golf

Community; THENCE along said westerly line South 28°11'11" East,

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863.22 feet to a point which point being the northwesterly

corner of Lot 1 as shown in final plan for a 3 lot subdivision

for Commonwealth of Pennsylvania prepared by Lake, Roeder,

Hillard & Beers dated April 30, 2001, (Chester County Plat No.

16063); THENCE South 14°36'29" East, 701.96 feet to a point;

THENCE still along said westerly line South 11°11'36" East,

748.09 feet to the first mentioned point and place of Beginning.

Containing 235.675 acres more or less.

LESS AND EXCEPTING all that certain tract, piece or parcel of

land situate in the Township of West Bradford, County of

Chester, Commonwealth of Pennsylvania, shown on the

aforementioned Stantec Survey as the "PennDOT Lease Area

Boundary" (hereinafter, the "PennDOT Exception") containing

approximately 459,993 square feet or 10.5600 acres (the Deed of

Conveyance described in subsection (h), shall exclude the

PennDOT Exception by legal description, or by such other

reasonable method).

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, cable, water,

electric, sewer, gas or pipeline companies, as well as under and

subject to any lawful and enforceable interest, estates or

tenancies vested in third persons, appearing of record, for any

portion of the land or improvements erected thereon; provided,

however, that the Department of General Services, as agent for

the Department of Public Welfare will retain building and

systems maintenance obligations imposed on the lessor under an

existing lease with Pennsylvania Clinical Schools, Inc., as

tenant (which lease pertains to part of the land to be conveyed

20090SB0904PN2029	- 6 -

hereby), until such lease is terminated or expires.

(d) Restricted use.--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 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 in this section to be used in

violation of this subsection, the title to the property shall

immediately revert to and revest in the Grantor.

(e) Open space covenant.--The deed of conveyance shall

contain the following covenant (the "Open Space Covenant")

applicable to the two portions of the property to be conveyed

hereby that are described hereinafter and labeled "Open Space 1

Area" and "Open Space 2 Area": "UNDER AND SUBJECT to the

condition that the portions of the land herein conveyed and

described hereinafter as "Open Space 1 Area" and "Open Space 2

Area" shall be used for open space uses and if at any time the

Grantee or its successors and assigns in title to the Open Space

1 Area or Open Space 2 Area authorizes or permits said property

to be used for any purpose other than open space uses, and such

improper use continues for more than sixty (60) days after

written notice to the Grantee, its successors and assigns, then

title to the Open Space 1 Area or Open Space 2 Area that is used

for such improper purpose shall immediately thereupon revert to

and revest in the Commonwealth of Pennsylvania. For purposes

hereof, "open space uses" shall mean uses as defined in section

20090SB0904PN2029	- 7 -

2 of the act of January 19, 1968 (1967 P.L.992, No.442),

entitled "An act authorizing the Commonwealth of Pennsylvania

and the local government units thereof to preserve, acquire or

hold land for open space uses," and shall include passive

recreation purposes (by way of example, but not of limitation,

walking and hiking) and reasonable improvements in connection

with such uses (by way of example, but not of limitation,

footbridges, boardwalk paths, trails, access and fire roads). In

addition, the use of the parcels for purposes of above and below

ground utility transmission shall not be deemed a violation of

the aforesaid restriction."

The Open Space Covenant shall apply only to the areas bounded

and described as follows:

Open Space 1 Area

ALL THAT CERTAIN tract of land situated in the Townships of

West Bradford and Newlin, County of Chester, Commonwealth of

Pennsylvania as shown on the Stantec Survey as "Open Space 1

Area", the bounds of which being described as follows to wit:

BEGINNING at an Iron pin found, said point being on the

southwesterly corner of parcel 50-008-0009.02E, lot 3 as shown

in the Final Plan for a 3 Lot Subdivision for Commonwealth of

Pennsylvania prepared by Lake, Roeder, Hillard & Beers dated

April 30, 2001, Chester County Plat No. 16063, (lands now or

late West Bradford Township); THENCE from said Beginning Point

North 08°09'10" West, a distance of 1111.35 feet, crossing the

Newlin/Bradford Township line; thence North 62°36'08" East, a

distance of 690.16 feet; thence North 76°10'48" East, a distance

of 120.64 feet; thence North 02°19'47" East, a distance of

299.89 feet; thence North 74°22'55" East, a distance of 359.85

feet; thence South 54°55'17" East, a distance of 354.19 feet;

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thence South 07°52'43" West, a distance of 249.10 feet; thence

South 33°39'26" West, a distance of 326.51 feet; thence South

16°13'43" West, a distance of 195.88 feet; thence South

24°22'18" East, a distance of 112.30 feet; thence South

19°17'30" West, a distance of 437.23 feet; thence South

09°29'13" West, a distance of 223.26 feet; thence re-crossing

the Newlin/Bradford Township line South 10°41'23" East, a

distance of 239.15 feet; thence South 29°09'45" East, a distance

of 213.45 feet; thence South 22°36'57" East, a distance of

234.15 feet to a point on the Northerly Right of Way Line of

Telegraph Road (33'Wide); thence South 50°18'34" West 8.21 feet

along said right of way line; thence North 50°37'59" West, a

distance of 207.25 feet; thence North 23°27'59" West, a distance

of 200.00 feet; thence North 71°52'59" West, a distance of

183.20 feet; thence North 83°24'59" West, a distance of 638.47

feet to the POINT OF BEGINNING.

Containing 1,684,811 square feet or 38.667 acres, more or less.

Open Space 2 Area

ALL THAT CERTAIN tract of land situated in the Township of

West Bradford, County of Chester, Commonwealth of Pennsylvania

as shown on the Stantec Survey as "Open Space 2 Area", the

bounds of which being described as follows to wit:

BEGINNING at a point, said point being an iron pin found at

the Southwest corner of number 50-008-0009.04 as shown in that

Plan Prepared For Chester County S.P.C.A, prepared by Regester

Associates, Inc. dated 3-12-02, Chester County Plat No. 16616,

and running thence South 84°03'53" West, a distance of 532.02

feet; said point being 25 feet easterly from the centerline of

the existing access road, and the following five (5) calls being

parallel to, and 25 feet from said centerline : thence (1) North

20090SB0904PN2029	- 9 -

21°11'12" East, a distance of 216.81 feet to a point of curve to

the left having a radius of 400.00 feet; thence (2) northerly

along the arc a distance of 475.00 feet; (chord bears North

12°49'57" West, a distance of 447.58 feet); thence (3) North

46°51'06" West, a distance of 177.17 feet to a point of curve to

the right having a radius of 200.00 feet; thence (4)

northwesterly along the arc a distance of 118.46 feet; (chord

bears North 29°52'59" West, a distance of 116.74 feet); thence

(5) North 12°54'53" West, a distance of 52.17 feet; thence North

71°52'49" East, a distance of 606.56 feet to the Westerly line

of Lands Now of Formerly Chester County S.P.C.A., aforesaid;

thence South 09°23'14" East, a distance of 1059.60 feet along

said Westerly line to the POINT OF BEGINNING.

Containing 463,463 square feet or 10.640 acres, more or less.

(f) Public recreation area covenant.--The deed of conveyance

shall contain the following covenant ("Public Recreation Area

Covenant") applicable to the three portions of the property to

be conveyed hereby that are described hereinafter and labeled

"Recreation Parcel 1 Area", "Recreation Parcel 2 Area," and

"Recreation Parcel 3 Area": "UNDER AND SUBJECT to the condition

that the portions of the land herein conveyed and described

hereinafter as "Recreation Parcel 1 Area", "Recreation Parcel 2

Area," and "Recreation Parcel 3 Area" shall be used for public

recreational purposes and if at any time the Grantee or its

successors and assigns in title to the Recreation Parcel 1 Area,

the Recreation Parcel 2 Area, or the Recreation Parcel 3 Area

authorizes and permits said property to be used for any purpose

other than public recreational purposes, and such improper use

continues for more than sixty (60) days after written notice to

the Grantee, its successors and assigns, then title to the

20090SB0904PN2029	- 10 -

"Recreation Parcel 1 Area", "Recreation Parcel 2 Area," or

"Recreation Parcel 3 Area" that is used for such improper

purpose shall immediately thereupon revert to and revest in the

Commonwealth of Pennsylvania. For purposes hereof, "public

recreational purposes" shall mean "open space uses" as defined

in 32 P.S. § 5002 and, in addition, shall include active and

passive recreational activities and improvements in connection

with such activities (by way of example, but not of limitation,

jogging tracks, soccer fields, baseball diamonds, access and

fire roads, parking lots, picnic groves, stormwater runoff

facilities). The use of the parcels for purposes of above and

below ground utility transmission shall not be deemed a

violation of the aforesaid restriction. In addition, drives and

roads necessary or useful in providing pedestrian and/or

vehicular access to other portions of the property subject to

this restriction or to neighboring properties shall not be

deemed a violation of the aforesaid restriction."

The Public Recreation Area Covenant shall apply only to the

areas bounded and described as follows:

Recreation Parcel 1 Area

ALL THAT CERTAIN tract of land situated in the Township of

West Bradford, County of Chester, Commonwealth of Pennsylvania

as shown on a Boundary Survey for Embreeville Center prepared by

Stantec Consulting Services Inc., the bounds of which being

described as follows to wit:

BEGINNING at a point in the northerly right-of-way line of

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

being on the Westerly line of parcel number 50-8-09.3, Lot 1 as

shown in Final Plan for a 3 Lot Subdivision for Commonwealth of

Pennsylvania prepared by Lake, Roeder, Hillard & Beers dated

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April 30, 2001, Chester County Plat No. 16063, (lands now or

late West Bradford Township); THENCE from said Beginning Point

and along said right of way line of said Telegraph Road (aka

Embreeville Road) the following five (5) courses and distances:

thence (1) South 70°43'53" West, a distance of 417.01 feet;

thence (2) South 72°10'25" West, a distance of 350.52 feet;

thence (3) South 83°39'22" West, a distance of 202.42 feet;

thence (4) North 85°16'42" West, a distance of 148.63 feet;

thence (5) North 80°52'41" West, a distance of 42.17 feet; to a

point on the Easterly line of the "PennDOT Exception" and the

following four (4) calls being on said easterly line; thence (1)

North 03°02'23" West, a distance of 387.11 feet; thence (2)

North 45°56'43" East, a distance of 161.07 feet; thence (3)

North 88°41'01" East, a distance of 211.29 feet; thence (4)

North 01°18'59" West, a distance of 74.97 feet; thence leaving

said lease line North 54°37'52" East, a distance of 614.35 feet;

thence North 79°24'36" East, a distance of 173.55 feet to a

point on the grantors Easterly property line; thence South

11°11'36" East, a distance of 731.42 feet to the POINT OF

BEGINNING.

Containing 693,086 square feet or 15.911 acres, more or less.

Recreation Parcel 2 Area

ALL THAT CERTAIN tract of land situated in the Townships of

West Bradford and Newlin, County of Chester, Commonwealth of

Pennsylvania as shown on a Boundary Survey for Embreeville

Center prepared by Stantec Consulting Services Inc., the bounds

of which being described as follows to wit:

BEGINNING at a point in the northerly right-of-way line of

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

being on the interior line extended of the "PennDOT Exception"

20090SB0904PN2029	- 12 -

and thence from said Beginning Point and along said right of way

fine of said Telegraph Road (aka Embreeville Road) the following

two (2) courses and distances: thence (1)North 80°56'32" West, a

distance of 294.08 feet crossing the township line of West

Bradford and Newlin to a point of curve to the left having a

radius of 1016.50 feet thence (2) westerly along the arc a

distance of 23.56 feet; (chord bears North 81°36'22" West, a

distance of 23.56 feet); to a point along said lease line

extended and the following three(3) calls being along said lease

line; thence (1) North 05'40'00" West, a distance of 213.39

feet; thence (2) North 88°50'24" East, a distance of 333.34

feet; thence (3) South 00'19'23" East, a distance of 268.84 feet

to the POINT OF BEGINNING.

Containing 77,546 square feet or 1.780 acres, more or less.

Recreation Parcel 3 Area

ALL THAT CERTAIN tract of land situated in the Townships of

West Bradford and Newlin, County of Chester, Commonwealth of

Pennsylvania as shown on a Boundary Survey for Embreeville

Center prepared by Stantec Consulting Services Inc., the bounds

of which being described as follows to wit:

BEGINNING at a point in the northerly right-of-way line of

Telegraph Road (SR0162) (33 feet wide right-of-way) said point

being on the westerly line extended of the "PennDOT Exception"

and thence from said Beginning Point and along said right of way

line of said Telegraph Road (aka Embreeville Road) the following

five (5) courses and distances: along the arc of a 1016.50 foot

radius curve to the left, thence (1) westerly along the arc, of

said curve 82.76 feet;(chord bears South 82°19'36" West a

distance of 82.74 feet); thence (2)South 77°59'07" West, a

distance of 505.74 feet to the point on the arc of a 1416.50

20090SB0904PN2029	- 13 -

foot radius curve to the left; thence (3) westerly along the arc

of said curve a distance of 202.08 feet; (chord bears South

73°49'21" West a distance of 201.91 feet); to a point of a

reverse curve to the right having a radius of 1083.50 feet;

thence (4) westerly along the arc, a distance of 189.36 feet

(chord bears South 74°44'31" West a distance of 189.12 feet to a

point of reverse curve to the left having a radius of 286.50

feet thence (5) southwesterly along the arc, a distance of

143.10 feet (chord bears South 65°26'23"West a distance of

141.62 feet; thence leaving said right of way North 22°36'57"

West, a distance of 234.15 feet; thence North 29°09'45" West, a

distance of 213.45 feet; thence North 10°41'23" West, a distance

of 239.15 feet; thence North 09°29'13" East, a distance of

223.26 feet; thence North 81°02'01" East, a distance of 916.33

feet to a point east of the paved access road; thence parallel

to, and 25 feet distant from, the center of the access road the

following three (3) calls: to the point of curve of a 275 foot

radius curve to the right, thence (1) southeasterly along the

arc, a distance of 260.52 feet(chord bears South 28°45'36" East

a distance of 250.89 feet) to the point of curve of a 125 foot

radius curve to the left, thence (2) southeasterly along the arc

a distance of 196.35 (chord bears South 46°37'14" East a

distance of 176.78 feet); thence (3)North 88°22'46" East, a

distance of 85.00 feet to a point on the aforementioned westerly

lease line; thence South 06°37'15" East, a distance of 382.95

feet along said line extended to the POINT OF BEGINNING.

Containing 904,485 square feet or 20.764 acres, more or less.

(g) Intent.--It is the intention of this section, among

other things, to require that a portion of the property to be

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conveyed hereby (the "Ground Lease Area") be leased by West

20090SB0904PN2029	- 14 -

Bradford Township to Pennsylvania Clinical Schools, Inc, its

successors or designees upon terms and conditions acceptable to

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the Department of Public Welfare and the parties to such lease.

Accordingly, the Department of General Services shall require

<--

that the agreement of sale with between the Department of

<--

General Services and West Bradford Township shall contain a

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provision that will survive settlement for one year requiring

<--

West Bradford Township to lease negotiate in good faith for a

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lease of the Ground Lease Area to Pennsylvania Clinical Schools,

Inc., or its successors or designee, upon terms and conditions

acceptable to the Department of Public Welfare and, West

<--

Bradford Township and Pennsylvania Clinical Schools, Inc. The

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Ground Lease Area shall be substantially in accordance with the

following legal description:

Pennsylvania Clinical Schools

ALL THAT CERTAIN tract of land situated in the Townships of

West Bradford and Newlin, County of Chester, Commonwealth of

Pennsylvania as shown on a Boundary Survey for Embreeville

Center prepared by Stantec Consulting Services Inc., the bounds

of which being described as follows to wit:

BEGINNING AT POINT, said point being the Northwest corner of

lands now or formerly Philadelphia Suburban Water company, said

point also being on the Southerly line of Strasburg Road (SR

3062, variable width) an iron pin found; and the following five

(5) calls being along said lands:

1) thence South 18°30'04" West, a distance of 199.80 feet to

an iron pin;

2) thence South 66°11'30" East, a distance of 271.34 feet;

3) thence North 17°45'53" East, a distance of 68.38 feet;

4) thence South 81°07'24" East, a distance of 213.73 feet;

20090SB0904PN2029	- 15 -

5) thence North 16°30'11" East, a distance of 132.88 feet,

said point also being on said Southerly line of Strasburg Road

and the following four (4) calls on aforementioned Southerly

line:

1) thence South 83°02'27" East, a distance of 21.46 feet to

a point;

2) thence South 86°44'58" East, a distance of 52.01 feet to

a point;

3) thence North 89°32'52" East, a distance of 52.03 feet to

a point;

4) thence North 85°50'41" East, a distance of 41.67 feet to

a point;

thence leaving said Southerly line South 01°59'21" East, a

distance of 125.84 feet;

thence South 73°15'08" West, a distance of 190.18 feet to a

point;

thence South 06°49'21" East, a distance of 120.01 feet to a

point;

thence South 42°30'27" West, a distance of 201.78 feet to a

point;

thence South 09°25'50" West, a distance of 231.75 feet to a

point;

thence South 14°40'42" East, a distance of 561.45 feet to a

point online with Open Space 1 as shown on said plan:

thence South 62°36'08" West, along said line, a distance of

587.05 feet, more or less to a point on the line of lands now or

formerly West Bradford Township;

thence along said line North 08°09'10" West, a distance of

1,802.76 feet to the aforementioned Southerly line of Strasburg

Road, and the following two (2) calls being on said Southerly

20090SB0904PN2029	- 16 -

line:

1) thence South 63°58'30" East, a distance of 130.56 feet;

2) thence easterly, a distance of 252.51 feet along a non

tangent curve to the left of which the radius point lies North

25°55'29" East a radius of 1,940 feet, and having a central

angle of 07°27'26" to the POINT OF BEGINNING.

Containing 838,893 square feet or 19.258 acres,

more or less.

(h) 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.

(i) Costs and fees.--Costs and fees incidental to the

conveyance authorized by this section shall be borne by the

Grantees.

(j) Relocation of programs.--In order to effectuate this

section, the Department of General Services and the Department

of Public Welfare are hereby authorized to relocate any

remaining programs, as of the effective date of this section, at

Embreeville Center to any other Commonwealth-owned and operated

State mental health or State mental retardation facility without

the necessity to comply with any local land use controls,

including, but not limited to, zoning, subdivision and land

development ordinances.

(k) Alternative disposition.--In the event that an agreement

of sale between the Department of General Services and West

Bradford Township is not executed within 18 months of the

effective date of this section, the property may be disposed of

in accordance with Article 2405-A of the act of April 9, 1929

(P.L. 177, No. 175), known as the Administrative Code of 1929.

Section 2. Conveyance in 39th Ward, City of Philadelphia.

<--

20090SB0904PN2029	- 17 -

(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 the Philadelphia Authority for Industrial Development,

for $1, certain lands situate in the 39th Ward of the City of

Philadelphia described in subsection (b).

(b) Description.--The lands to be conveyed pursuant to

subsection (a) consist of 52.78 acres more particularly

described as follows:

ALL THAT CERTAIN land located in the City of

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

that was made fast land by having fill placed upon it, a

general description based upon paper survey as follows to

wit:

Beginning at a point measured the sixteen (16) following

courses and distances from the intersection of the easterly

side of Broad Street (at 300 feet wide) with the

southwesterly side of Pattison Avenue (at 120 feet wide):

1. Southwesterly along the easterly side of Broad Street,

2,527.57 feet to a point;

2. Southeasterly at right angles to said Broad Street, 37

feet to a drill hole set, a corner for the said lands now

or formerly of Consolidated Rail Corporation; (courses 3

through 8 along the southerly side of lands now or

formerly of Consolidated Rail Corporation);

3. South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

a drill hole set;

4. South 76 degrees 31 minutes 21 seconds East 229.54 feet

to an iron pin set;

5. South 68 degrees 33 minutes 21 seconds East, 284.65 feet

20090SB0904PN2029	- 18 -

to an iron pin set;

6. South 63 degrees 50 minutes 26 seconds East, 341 feet to

an iron pin set;

7. Southeasterly by a curve to the left having a radius of

2,287.44 feet, and an arc length of 730.03 feet to an

iron pin set, said point being distant by a chord of

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

from last described point;

8. South 82 degrees 07 minutes 34 seconds East 1,741.91

feet;

9. South 76 degrees 03 minutes 40 seconds East, 6093.91

feet;

10. South 60 degrees 56 minutes 20 seconds West, 1,240.00

feet

11. South 73 degrees 56 minutes 20 seconds West, 470.00

feet;

12. North 66 degrees 33 minutes 40 seconds West, 340.00

feet;

13. North 84 degrees 33 minutes 40 seconds West, 1,470.00

feet;

14. North 75 degrees 03 minutes 40 seconds West, 920.00

feet;

15. North 82 degrees 18 minutes 40 seconds West, 910.00

feet;

16. North 66 degrees 48 minutes 40 seconds West, 414.28 feet

to the place of beginning.

Thence from the said point of Beginning, the nine (9)

following described courses and distances;

1. South 00 degrees 00 minutes 00 seconds West 618.53 feet;

2. North 67 degrees 26 minutes 48 seconds West, 1,040.00

20090SB0904PN2029	- 19 -

feet;

3. North 62 degrees 56 minutes 04 seconds West, 2,375.00

feet;

4. North 78 degrees 41 minutes 48 seconds West, 500.00 feet;

5. North 82 degrees 35 minutes 18 seconds West, 475.00 feet;

6. North 13 degrees 11 minutes 20 seconds East, 550.00 feet;

7. North 87 degrees 40 minutes 20 seconds East, 386.51 feet;

8. South 65 degrees 18 minutes 40 seconds East, 2,154.00

feet;

9. South 66 degrees 48 minutes 40 seconds East, 1705.72 feet

to the point of beginning.

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.--The deed of conveyance shall contain a clause

requiring that promptly after receipt of the deed of conveyance

the Philadelphia Authority for Industrial Development shall

convey for the consideration of one dollar portions of, or

rights in, the lands conveyed herein to any entity claiming an

interest therein, including but not confined to fee ownership,

easements, rights of way or other estates or tenancies,

resulting from a prior grant or conveyance by the Philadelphia

Authority for Industrial Development to such entity based upon

any conveyance from the United States to the Philadelphia

Authority for Industrial Development.

20090SB0904PN2029	- 20 -

(e) Deed execution.--The deed of conveyance authorized by

this section 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.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

Section 3. Submerged land in the City of Philadelphia.

(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 the Philadelphia Regional Port Authority for $1

certain lands situate in the 39th Ward of the City of

Philadelphia described in subsection (b).

(b) Description.--The lands to be conveyed under subsection

(a) consist of 196.10 acres more particularly described as

follows:

ALL THAT CERTAIN land located in the City of

Philadelphia, Commonwealth of Pennsylvania, that is river-bed

that was made fast land by having fill placed upon it, a

general description based upon paper survey as follows to

wit:

Beginning at a point near the Bulkhead Line of the

Delaware River, as established by the Secretary of War,

September 10, 1940, a common corner for lands now or formerly

of Consolidated Rail Corporation, and Parcel 9, the said

point being measured the nine (9) following courses and

distances from the intersection of the easterly side of Broad

Street (at 300 feet wide) with the southwesterly side of

Pattison Avenue (at 120 feet wide):

1. Southwesterly along the easterly side of Broad Street,

20090SB0904PN2029	- 21 -

2,527.57 feet to a point;

2. Southeasterly at right angles to said Broad Street, 37

feet to a drill hole set, a corner for the said lands now

or formerly of Consolidated Rail Corporation; (courses 3

through 8 along the southerly side of lands now or

formerly of Consolidated Rail Corporation);

3. South 75 degrees 30 minutes 00 seconds East, 3.00 feet to

a drill hole set;

4. South 76 degrees 31 minutes 21 seconds East 229.54 feet

to an iron pin set;

5. South 68 degrees 33 minutes 21 seconds East, 284.65 feet

to an iron pin set;

6. South 63 degrees 50 minutes 26 seconds East, 341 feet to

an iron pin set;

7. Southeasterly by a curve to the left having a radius of

2,287.44 feet, and an arc length of 730.03 feet to an

iron pin set, said point being distant by a chord of

South 72 degrees 59 minutes 00 seconds East, 726.93 feet

from last described point;

8. South 82 degrees 07 minutes 34 seconds East 1,741.91 feet

to a point; and

9. South 76 degrees 03 minutes 40 seconds East, 6093.91 feet

to the said point of Beginning;

Thence from the said point of Beginning, the nineteen

(19) following described courses and distances;

1. South 76 degrees 03 minutes 40 seconds East, 50.00 feet;

2. South 40 degrees 23 minutes 05 seconds West, 1,627.95

feet;

3. South 58 degrees 07 minutes 17 seconds West, 1,737.34

feet;

20090SB0904PN2029	- 22 -

4. South 78 degrees 26 minutes 04 seconds West, 1,099.52

feet;

5. South 78 degrees 27 minutes 42 seconds West, 2,645.60

feet;

6. North 86 degrees 01 minutes 55 seconds West, 340.00 feet;

7. North 00 degrees 56 minutes 51 seconds West, 960.00 feet;

8. North 82 degrees 02 minutes 26 seconds East, 1,650.00

feet;

9. North 12 degrees 11 minutes 20 seconds East, 150.00 feet;

10. North 58 degrees 52 minutes 22 seconds East, 1,005.00

feet;

11. North 72 degrees 03 minutes 16 seconds West, 1,580.00

feet;

12. North 00 degrees 00 minutes 00 seconds East 618.53 feet;

13. South 66 degrees 48 minutes 40 seconds East, 414.28

feet;

14. South 82 degrees 18 minutes 40 seconds East, 910.00

feet;

15. South 75 degrees 03 minutes 40 seconds East, 920.00

feet;

16. South 84 degrees 33 minutes 40 seconds East, 1,470.00

feet;

17. South 66 degrees 33 minutes 40 seconds East, 340.00

feet;

18. North 73 degrees 56 minutes 20 seconds East, 470.00

feet;

19. North 60 degrees 56 minutes 20 seconds East, 1,240.00

feet; to the point of beginning.

subject to all lawful and enforceable easements, servitudes and

20090SB0904PN2029	- 23 -

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.--

(1) The deed of conveyance shall contain a clause that

the lands conveyed herein shall be used only for maritime

purposes by the grantee, or its successor in interest with an

exception allowing the Philadelphia Regional Port Authority

to lease, license or grant easements to the Philadelphia

Authority for Industrial Development to allow the

Philadelphia Authority for Industrial Development or its

agents to fulfill obligations that it may have made in

reliance on any conveyance from the United States to the

Philadelphia Authority for Industrial Development. Should the

grantee, or its successor in interest, allow the lands

conveyed to be used for any other purpose or attempt to

convey or transfer the lands, the title shall immediately

revert to and revest in the grantor. The term "maritime

purposes" shall mean activities directly related to the

handling of cargo for import or export or the transport of

passengers through the Port of Philadelphia but the term

shall not mean activities related to gambling or gaming.

(2) The deed of conveyance shall contain a clause that

if the Philadelphia Regional Port Authority or its successor

in interest cease to exist, the lands conveyed herein shall

immediately revert to and revest in the grantor, unless a

successor authority has been formed to continue the

20090SB0904PN2029	- 24 -

Commonwealth's governance of regional port activities along

the Delaware River.

(e) Land use restriction.--All deeds or leases authorized or

referred to under this section shall be made under and subject

to the condition, which shall be contained in the deed or lease

documents, that no portion of the parcels 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 the laws of this Commonwealth. This condition shall be a

covenant running with the land and shall be binding upon the

deed or lease or sublessees and their respective successors and

assigns. Should any portion of any parcel authorized for

conveyance under this section be used in violation of this

subsection, the title shall immediately revert to and revest in

the grantor.

(f) Deed execution.--The deed of conveyance authorized by

this section 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.

(g) Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

Section 4 2. Conveyance to Waynesburg University.

<--

(a) Authorization.--The Department of General Services, with

the approval of the Governor and the Department of Military and

Veterans Affairs, is hereby authorized on behalf of the

Commonwealth of Pennsylvania to grant and convey to Waynesburg

University the tract of land together with any buildings,

structures or improvements thereon, situate in the Borough of

Waynesburg, Greene County described in subsection (b) for

$170,000 and under terms and conditions to be established in an

20090SB0904PN2029	- 25 -

agreement of sale.

(b) Description.--The property to be conveyed pursuant to

subsection (a) consists of approximately 0.22-acres of land and

an armory building, bounded and more particularly described as

follows:

ALL THAT CERTAIN tract of land situate in the Borough of

Waynesburg, Greene County more particularly bounded and

described as follows:

BEGINNING at the northwesterly corner of Washington Street

and Strawberry Alley; thence along the Westerly line of

Washington Street, North 1 degree 0 minutes East 80 feet to line

of land now or late of J.W. Ray, et al; thence Westwardly at

right angles to Washington Street, along said Ray line and line

of lands now or late of T.R. Huffman and M.R. Travis, 120 feet

to line of land now or late of T.R. Huffman; thence Southwardly

along said Huffman line, parallel with Washington Street, 80

feet to the Northerly line of Strawberry Alley; thence

Eastwardly along the Northerly line of Strawberry Alley, 120

feet to Washington Street, at the place of BEGINNING.

BEING Tax Parcel No. 2604-120.

BEING the same premises conveyed from J.B. Pollock and Alice

T. Pollock, his wife, C.H. Bowlby and Eva K. Bowlby, his wife

and T. Riley Huffman and Bertha H. Huffman to the Commonwealth

of Pennsylvania, by deed dated October 11, 1913 and recorded

October 14, 1913, in the Recorder of Deeds Office for Greene

County, Pennsylvania in Deed Book 231, Page 547.

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,

20090SB0904PN2029	- 26 -