2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 139 - CONVEYANCE - COMMONWEALTH PROPERTY IN MANHEIM TOWNSHIP, LANCASTER COUNTY, TO HIGH PROPERTIES, LP
An Act
Authorizing the Department of Transportation, with the approval of the Governor, to grant and convey to High Properties, LP, a certain tract of unimproved land situate in Manheim Township, Lancaster County.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Conveyance in Manheim Township, Lancaster County.
(a) Authorization.--The Department of Transportation, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to High Properties, LP, or its assigns, a certain tract of unimproved land situate in Manheim Township, Lancaster County, for fair market value based on an appraisal as established by the Department of Transportation's appraisal policies and under terms and conditions to be established in an Agreement of Sale.
(b) Description.--The property to be conveyed under this section is more particularly described as follows:
ALL THAT CERTAIN tract of land situate on the southwesterly side of Harrisburg Pike (S.R. 4020) in Manheim Township, Lancaster County, Pennsylvania, as shown on a plan entitled "Boundary Survey for the Commonwealth of Pennsylvania Department of Transportation Site," prepared by Rettew Associates, Inc., dated June 10, 2020, Drawing No. 044192033T, being more fully bounded and described as follows:
BEGINNING at a point at the southeasterly corner thereof, being a point on the southwesterly right-of-way line of Harrisburg Pike (S.R. 4020), a varying width right-of-way, also being a common corner with lands now or formerly of High Properties, said point is also located S 72° 49' 58" W a distance of 0.67' from a 1" pinch pipe (found);
THENCE along said lands of High Properties, the following three courses and distances: S 72° 49' 58" W a distance of 78.19' to a 1/2" pipe (found); N 80° 54' 54" W a distance of 92.26' to a 1" pipe (found); N 20° 09' 35" E a distance of 114.09' to a point on the southwesterly right-of-way line of Harrisburg Pike (S.R. 4020), said point being S 20° 09' 35" W a distance of 1.10' from a 5/8" rebar (found);
THENCE along said right-of-way line along a line curving to the right having a radius of 1,068.92', an arc length of 160.52' and a chord bearing S 52° 03' 52" E a distance of 160.37' to the POINT and PLACE of BEGINNING, CONTAINING 10,629 S.F (0.244 Acres).
(c) Conditions.--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) Restriction.--The conveyance 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 the laws of this Commonwealth. 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 shall immediately revert to and revest in the grantor.
(e) Deed.--The deed of conveyance shall be by quitclaim deed and shall be executed by the Secretary of Transportation 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) Deposit of proceeds.--Proceeds from the sale shall be deposited into the Motor License Fund.
Section 2. Effective date.
This act shall take effect in 60 days.
