Bill Summary – FastDemocracy

PRINTER'S NO.   899
                   THE GENERAL ASSEMBLY OF PENNSYLVANIA
                       HOUSE BILL
                       No. 862
                                              Session of
                                                2025
     INTRODUCED BY OWLETT, MARCH 11, 2025
     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 11, 2025
                                   AN ACT
 Authorizing the Department of General Services, with the
    approval of the Governor and the Department of Military and
    Veterans Affairs, to convey to Tioga County a tract of land,
    and to accept a tract of land from Tioga County, both tracts
    being located in Charleston Township, Tioga County.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
 Section 1.   Conveyance in Charleston Township, Tioga County.
    (a)   Authorization for land conveyance and property
 description.--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 Tioga County
 a tract of land preliminarily described as follows, the final
 description to be determined upon completion of subdivision,
 together with any buildings, structures and improvements
 thereon, being a part of the grounds of the Wellsboro Readiness
 Center, as part of a land exchange, under terms and conditions
 to be established in an agreement of sale:
    ALL THAT CERTAIN lot of land situate in Charleston Township,
 Tioga County, Pennsylvania, designated as Lot A, as surveyed by
 Land Services Group, dated September 5, 2023, titled "Land Swap
 Subdivision Between Lands of The Commonwealth of Pennsylvania
 and The County of Tioga," being bounded and described as
 follows:
    BEGINNING at point along the existing centerline of Shumway
 Hill Road, said point being a corner in common with lands of The
 County of Tioga, the Grantee herein, having a reference of Deed
 Book 94 at page 58, and shown as Lot B-1 on the above referenced
 subdivision plan, being a corner in common with remaining lands
 of The Commonwealth of Pennsylvania, having a reference of
 Record Book 739 at page 7553, and shown as Lot A-1 on the above
 referenced subdivision plan, said point being the northeasterly
 corner of the lot herein described; THENCE, leaving Lot B-1 and
 along Lot A-1 and with the existing centerline of Shumway Hill
 Road, S 09° 18' 32" E, a distance of 60.41 ft. to a point;
 THENCE, leaving the existing centerline of Shumway Hill Road and
 continuing along Lot A-1, passing through an iron rod set 30.0
 ft. from said centerline and passing through an iron rod set
 55.0 ft. from a point along the tributary to Charleston Creek, S
 87° 20' 03" W, a distance of 331.11 ft. to a point along said
 tributary to Charleston Creek, being a corner in common with
 aforementioned Lot B-1; THENCE, leaving Lot A-1 and along Lot B-
 1 and through the bounds of the tributary to Charleston Creek, N
 23° 11' 19" E, a distance of 66.67 ft. to a point; and, passing
 through an iron rod found 27.9 ft. from the aforementioned
 existing centerline of Shumway Hill Road, N 87° 20' 03" E, a
 distance of 295.04 ft. to the POINT OF BEGINNING.
    CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
    (b)     Authorization for acceptance of land and property
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 description.--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 accept from Tioga County a tract
 of land preliminarily described as follows, the final
 description to be determined upon completion of subdivision,
 together with any buildings, structures and improvements
 thereon, as part of a land exchange, under terms and conditions
 to be established in an agreement of sale:
    ALL THAT CERTAIN lot of land situate in Charleston Township,
 Tioga County, Pennsylvania, designated as Lot B, as surveyed by
 Land Services Group, dated September 5, 2023, titled "Land Swap
 Subdivision Between Lands of The Commonwealth of Pennsylvania
 and The County of Tioga" being bounded and described as follows:
    BEGINNING at point along the existing centerline of Shumway
 Hill Road, said point being a corner in common with lands of The
 Commonwealth of Pennsylvania, the Grantee herein, having a
 reference of Record Book 739 at page 7553, and shown as Lot A-1
 on the above referenced subdivision plan and being the
 northeasterly corner of the lot herein described; THENCE,
 leaving Lot A-1 and with the existing centerline of Shumway Hill
 Road, S 11° 11' 02" E, a distance of 73.60 ft. to a point, being
 a corner in common with remaining lands of The County of Tioga,
 having a reference of Deed Book 94 at page 58, and shown as Lot
 B-1 on the above referenced subdivision plan; THENCE, leaving
 the existing centerline of Shumway Hill Road and along Lot B-1,
 passing through an iron rod set 30.0 ft. from said centerline, S
 78° 10' 06" W, a distance of 257.26 ft. to an iron rod set, and,
 N 07° 50' 01" W, a distance of 73.78 ft. to an iron rod found at
 a corner in common with aforementioned Lot A-1; THENCE, leaving
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 Lot B-1 and along Lot A-1, passing through an iron rod found
 34.2 ft. from the aforementioned existing centerline of Shumway
 Hill Road, N 78° 10' 06" E, a distance of 252.94 ft. to the
 POINT OF BEGINNING.
    CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
    BEING a portion of a larger tract of land conveyed by
 Benjamin Austin and Fanny J. Austin, his wife, to Tioga County
 by deed dated December 8, 1866 and recorded in Tioga County Deed
 Book 40 at Page 382; by Horatio Austin and Mollie D. Austin, his
 wife, to The County of Tioga, by deed dated September 8, 1891
 and recorded in Tioga County Deed Book 94 at page 58; and by
 Arthur M. Brewster and Harriet E. Brewster, his wife, to Tioga
 County by deed dated June 6, 1894 and recorded in Tioga County
 Deed Book 101 at page 343.
    (c)   Conditions.--The conveyance authorized by subsection (a)
 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)   Prohibition.--The conveyance authorized by subsection
 (a) 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
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 grantee, its successors or assigns, permit any portion of the
 property authorized to be conveyed by subsection (a) to be used
 in violation of this subsection, the title shall immediately
 revert to and revest in the grantor.
    (e)   Restrictions.--The Secretary of General Services may
 include in the deed of conveyance authorized by subsection (a)
 any covenants, conditions or restrictions on the property as
 determined to be in the best interests of the Commonwealth.
    (f)   Easements.--The Department of General Services is hereby
 authorized, on behalf of the Commonwealth of Pennsylvania, to
 grant any easements benefiting the property to be conveyed under
 subsection (a), or to retain any easements from the property to
 be conveyed under subsection (a), as the Secretary of General
 Services shall determine to be necessary or appropriate.
    (g)   Deed of conveyance.--The conveyance authorized by
 subsection (a) shall be made by special warranty deed to be
 executed by the Secretary of General Services in the name of the
 Commonwealth of Pennsylvania.
    (h)   Costs and fees.--Any title insurance premiums, recording
 fees and any other costs and fees incurred by the Department of
 General Services, or otherwise incidental to the land exchange
 authorized by this section, shall be borne by Tioga County.
    (i)   Expiration.--If the land exchange is not effectuated
 within three years after the effective date of this subsection,
 the authority provided under this section shall expire.
    Section 2.   This act shall take effect immediately.
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