HB 862 — 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.

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
 1   Authorizing the Department of General Services, with the
 2      approval of the Governor and the Department of Military and
 3      Veterans Affairs, to convey to Tioga County a tract of land,
 4      and to accept a tract of land from Tioga County, both tracts
 5      being located in Charleston Township, Tioga County.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Conveyance in Charleston Township, Tioga County.
 9      (a)   Authorization for land conveyance and property
10   description.--The Department of General Services, with the
11   approval of the Governor and the Department of Military and
12   Veterans Affairs, is hereby authorized on behalf of the
13   Commonwealth of Pennsylvania to grant and convey to Tioga County
14   a tract of land preliminarily described as follows, the final
15   description to be determined upon completion of subdivision,
16   together with any buildings, structures and improvements
17   thereon, being a part of the grounds of the Wellsboro Readiness
18   Center, as part of a land exchange, under terms and conditions
19   to be established in an agreement of sale:
20      ALL THAT CERTAIN lot of land situate in Charleston Township,
 1   Tioga County, Pennsylvania, designated as Lot A, as surveyed by
 2   Land Services Group, dated September 5, 2023, titled "Land Swap
 3   Subdivision Between Lands of The Commonwealth of Pennsylvania
 4   and The County of Tioga," being bounded and described as
 5   follows:
 6      BEGINNING at point along the existing centerline of Shumway
 7   Hill Road, said point being a corner in common with lands of The
 8   County of Tioga, the Grantee herein, having a reference of Deed
 9   Book 94 at page 58, and shown as Lot B-1 on the above referenced
10   subdivision plan, being a corner in common with remaining lands
11   of The Commonwealth of Pennsylvania, having a reference of
12   Record Book 739 at page 7553, and shown as Lot A-1 on the above
13   referenced subdivision plan, said point being the northeasterly
14   corner of the lot herein described; THENCE, leaving Lot B-1 and
15   along Lot A-1 and with the existing centerline of Shumway Hill
16   Road, S 09° 18' 32" E, a distance of 60.41 ft. to a point;
17   THENCE, leaving the existing centerline of Shumway Hill Road and
18   continuing along Lot A-1, passing through an iron rod set 30.0
19   ft. from said centerline and passing through an iron rod set
20   55.0 ft. from a point along the tributary to Charleston Creek, S
21   87° 20' 03" W, a distance of 331.11 ft. to a point along said
22   tributary to Charleston Creek, being a corner in common with
23   aforementioned Lot B-1; THENCE, leaving Lot A-1 and along Lot B-
24   1 and through the bounds of the tributary to Charleston Creek, N
25   23° 11' 19" E, a distance of 66.67 ft. to a point; and, passing
26   through an iron rod found 27.9 ft. from the aforementioned
27   existing centerline of Shumway Hill Road, N 87° 20' 03" E, a
28   distance of 295.04 ft. to the POINT OF BEGINNING.
29      CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
30      (b)     Authorization for acceptance of land and property

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 1   description.--The Department of General Services, with the
 2   approval of the Governor and the Department of Military and
 3   Veterans Affairs, is hereby authorized on behalf of the
 4   Commonwealth of Pennsylvania to accept from Tioga County a tract
 5   of land preliminarily described as follows, the final
 6   description to be determined upon completion of subdivision,
 7   together with any buildings, structures and improvements
 8   thereon, as part of a land exchange, under terms and conditions
 9   to be established in an agreement of sale:
10      ALL THAT CERTAIN lot of land situate in Charleston Township,
11   Tioga County, Pennsylvania, designated as Lot B, as surveyed by
12   Land Services Group, dated September 5, 2023, titled "Land Swap
13   Subdivision Between Lands of The Commonwealth of Pennsylvania
14   and The County of Tioga" being bounded and described as follows:
15      BEGINNING at point along the existing centerline of Shumway
16   Hill Road, said point being a corner in common with lands of The
17   Commonwealth of Pennsylvania, the Grantee herein, having a
18   reference of Record Book 739 at page 7553, and shown as Lot A-1
19   on the above referenced subdivision plan and being the
20   northeasterly corner of the lot herein described; THENCE,
21   leaving Lot A-1 and with the existing centerline of Shumway Hill
22   Road, S 11° 11' 02" E, a distance of 73.60 ft. to a point, being
23   a corner in common with remaining lands of The County of Tioga,
24   having a reference of Deed Book 94 at page 58, and shown as Lot
25   B-1 on the above referenced subdivision plan; THENCE, leaving
26   the existing centerline of Shumway Hill Road and along Lot B-1,
27   passing through an iron rod set 30.0 ft. from said centerline, S
28   78° 10' 06" W, a distance of 257.26 ft. to an iron rod set, and,
29   N 07° 50' 01" W, a distance of 73.78 ft. to an iron rod found at
30   a corner in common with aforementioned Lot A-1; THENCE, leaving

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 1   Lot B-1 and along Lot A-1, passing through an iron rod found
 2   34.2 ft. from the aforementioned existing centerline of Shumway
 3   Hill Road, N 78° 10' 06" E, a distance of 252.94 ft. to the
 4   POINT OF BEGINNING.
 5      CONTAINING 0.431 ac. or approximately 18,780 sq. ft.
 6      BEING a portion of a larger tract of land conveyed by
 7   Benjamin Austin and Fanny J. Austin, his wife, to Tioga County
 8   by deed dated December 8, 1866 and recorded in Tioga County Deed
 9   Book 40 at Page 382; by Horatio Austin and Mollie D. Austin, his
10   wife, to The County of Tioga, by deed dated September 8, 1891
11   and recorded in Tioga County Deed Book 94 at page 58; and by
12   Arthur M. Brewster and Harriet E. Brewster, his wife, to Tioga
13   County by deed dated June 6, 1894 and recorded in Tioga County
14   Deed Book 101 at page 343.
15      (c)   Conditions.--The conveyance authorized by subsection (a)
16   shall be made under and subject to all lawful and enforceable
17   easements, servitudes and rights of others, including, but not
18   confined to, streets, roadways and rights of any telephone,
19   telegraph, water, electric, gas or pipeline companies, as well
20   as under and subject to any lawful and enforceable estates or
21   tenancies vested in third persons appearing of record, for any
22   portion of the land or improvements erected thereon.
23      (d)   Prohibition.--The conveyance authorized by subsection
24   (a) shall be made under and subject to the condition, which
25   shall be contained in the deed of conveyance, that no portion of
26   the property conveyed shall be used as a licensed facility, as
27   defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
28   other similar type of facility authorized under State law. The
29   condition shall be a covenant running with the land and shall be
30   binding upon the grantee, its successors and assigns. Should the

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 1   grantee, its successors or assigns, permit any portion of the
 2   property authorized to be conveyed by subsection (a) to be used
 3   in violation of this subsection, the title shall immediately
 4   revert to and revest in the grantor.
 5      (e)   Restrictions.--The Secretary of General Services may
 6   include in the deed of conveyance authorized by subsection (a)
 7   any covenants, conditions or restrictions on the property as
 8   determined to be in the best interests of the Commonwealth.
 9      (f)   Easements.--The Department of General Services is hereby
10   authorized, on behalf of the Commonwealth of Pennsylvania, to
11   grant any easements benefiting the property to be conveyed under
12   subsection (a), or to retain any easements from the property to
13   be conveyed under subsection (a), as the Secretary of General
14   Services shall determine to be necessary or appropriate.
15      (g)   Deed of conveyance.--The conveyance authorized by
16   subsection (a) shall be made by special warranty deed to be
17   executed by the Secretary of General Services in the name of the
18   Commonwealth of Pennsylvania.
19      (h)   Costs and fees.--Any title insurance premiums, recording
20   fees and any other costs and fees incurred by the Department of
21   General Services, or otherwise incidental to the land exchange
22   authorized by this section, shall be borne by Tioga County.
23      (i)   Expiration.--If the land exchange is not effectuated
24   within three years after the effective date of this subsection,
25   the authority provided under this section shall expire.
26      Section 2.   This act shall take effect immediately.




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