HomeMy WebLinkAbout98-01966
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LAW OFF10[\9
SNF.LBAKER,
BRF:NNEMAN
8c SPARE
IN RE: PRIVATE SALE OF
ltJACKSONVILLE ELEMEN'l'ARY
SCHOOLlt REAr" ES'I'ATE BY
BOARD OF SCHOOL DIRECTORS
OF BIG SPRING SCHOOL
DIRTRICT
IN THE COURT OF COMMON PLEAS OF
CUMBIl:RLAND COUNTY, PENNSYl,VANIA
NO. 98 - I'I~(( CIVIL. TERM
CIVIL ACTION - LAW
EKTITION .FOR APPROVAL OF PRIVATE SALE OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Board of School Directors of the Big
spring School District by its attorneys, Snelbaker, Brenneman &
Spare, P. C., and respectfully represents pursuant to Sect ion
707(3) of the Public School Code of 1949, as amended (24 P.S. S7-
707(3)) as follows:
1. The Petitioner herein is Board of School Directors of
the Big Spring School District.
2. The Big Spring School District (hereinafter called
ltSchool Districtlt) is a public school district organized and
existing under the laws of the Commonwealth of Pennsylvania,
having its office at 45 Mount Rock Road, Newville, PA 17241, and
consists of various municipalities situated in the County of
Cumberland, inclUding the Township of South Newton.
3. The Board of School Directors (hereinafter called
ltBoard") is the governing body of said School District and is the
duly elected and constituted board of school directors as
required under the Public School Code of 1949, as amended.
4. The School District is the owner of certain real estate
I,
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marl! fully described in ltExhibit A" attached hereto and
LAW OfFIOf:9
SNF.:LB^KER,
BRENNEMAN
8: SPAHE
inoorporated herein by referenoe thereto, being improved
primarily by a now unused elementary school building which the
School District acquired as recited in Exhibit A, said premises
hereinafter called "Subject Real Estate".
5. The Board has determined that it no longer needs the
Subjeot Real Estate to fulfill its mission of pUblic education
and believes it is in the best interest of the School District to
terminate responsibility and liabiLity for the maintenance
thereof and to conver.t said property to cash to be used for other
educational purposes.
6. Pursuant to the decision in paragraph 5 above, the Board
has sought potential purchasers of the Subject Real Estate, which
has resulted in the negotiation of a sale to Trinity United
Methodist Church (hereinafter called "Purchaser") as documented
by a certain Agreement of Sale dated February 2, 1998, a true and
correct copy of which is attached hereto marked "Exhibit B" and
incorporated herein by reference thereto (hereinafter called
"Agreement of Sale").
7. The details of said proposed private sale are contained
in said Agreement of Sale.
B. As provided in the Agreement of Sale, said sale is
subject to the private sale r.equirements of Section 703(3) of the
Public School Code of 1949, as amended (24 P.S. ~7-703(3)), and
this Petition is submitted in furtherance of said statutory
-2-
EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTAT~
ALL those two certain tracts of land located in South Newton
Township, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
TRACT NO.1: BEGINNING at a post, the interseotion of the
western line of the back road to stoughstown with the northern
line of the Walnut Bottom Rcadi thence in a westerly direction
along the Walnut Bottom Road 364.50 feet to a stakei thence by a
line at right angles to the Walnut Bottom Road along lands now or
formerly of the Bughman Estate 708.50 feet to a stake on the back
road of Stoughstowni thence in a southerly direction along the
back road to Stoughstown 527.57 feet to a point, thll Place of
BEGINNING. containing 4.926 acres.
TRACT NO. ~: BEGINNING at a point in the public road
leading from Walnut Bottom to oakville, which point is 555.77
feet north of the center of the intersection of said public road
and the Walnut Bottom Roadi thence along the lands now or
formerly of the School District of the Township of Newton, South
49 degrees 52 minutes West, 721.47 feet to a pipei thence alung
lands now or formerly of C.J. Goodhart and wife, North 19 degrees
West, 544.51 feet to the southeastern edge of a proposed 20-foot
right-of-waYi thence along said proposed right-of-way, North 20
degrees East 60 feet to a point; thence along the southern side
of said right-of-way, North 75 degrees East, 721.47 feet to a
point in the center of said public road leading to Oakvillei
thence along the center of said pUblic road, South 0 degrees 15
minutes East, 281.73 feet to the Place of BEGINNING. Containing
6.88 acres.
BEING the same premises which The Central Cumberland County
Joint School District Authority by its deed dated September 21,
1981, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed BOOK "0", Volume 29,
Page 309, granted and conveyed unto Big Spring School District,
Seller herein.
EXt!IBIT A
SNELBAKER, BRENNEMAN & SPARE, P.C.
ATTORNEYS-AT-LAW
44 West Main street
Meohanicsburg, pennsylvania 17055-0318
AGREEMENT OF SALE
THIS AGREEMENT made and entered into this 2nd day of
FebrunrL- , 1998, by and between:
SELLER:
Name: BIG SPRING SCHOOL DISTRICT
Address: 45 Mount Rock Road, Newville, PA 17241
a public school district under the pennsylvania Public School
Code of 1949, as amended, party of the first part, hereinafter
called "Seller",
AND
PURCHASERS:
Name: TRINITY UNITED METHODIST CHURCH
Address: 118 West Main street, Walnut Bottom,
)?A 17266-0217
a pennsylvania non-profit corporation, party of the second part,
hereinafter called "Purchaser".
WITNESSETH:
WHEREAS, Seller is the owner of all that oertain Real Estate
mcre fully described in Exhibit "A" attached hereto, and desires
to sell the same to purchaser, and Purchaser desires tc purchase
said Real Estate from Seller; and
WHEREAS, the parties have negotiated certain terms and
conditions of their sale and purchase of said Real Estate which
they desire to document by these presents;
NOW, THEREFORE, in consideration of these presents and the
mutual promises, terms and conditions set forth herein and
intending to be legally bound hereby, the parties mutually agree
as follows:
EXHIBIT B
1. Seller agrees to sell, grant and convey unto Purchaser,
.and Purchaser agrees to purchase, buy and accept the conveyance
of all that certain real estate premises more fully set forth in
a certain description thereof attached hereto, marked Exhibit "A"
and incorporated herein by reference thereto and herein called
"Real Estate", sUbject to the required approval as more full~' set
forth in Paragraph 1.1 hereinbelow.
2. Purchaser promises and ~grees to pay to Seller the sum
of $115,000.00 as the full purchase price and consideration for
said Real Estate (hereinafter called "Price") payable as follows:
A. $500.00 upon the execution and delivery of
this Agreement, receipt of which is hereby acknowledged
by Seller (hereinafter called "Earnest Money") i and
B. The balance of said Price, to wit:
$114,500.00, to be paid to Seller in cash or guaranteed
funds at the time of final settlement as scheduled and
provided in Paragraph 3 hereinbelow.
3. Final settlement of this transaction shall be made and
held at the office of SNELBAKER, BRENNEMAN & SPARE, P.C., 44 West
Main Street, Mechanicsburg, Cumberland County, Pennsylvania, on
the 60th business day following the date of final apprcval as
required under Paragraph 11 hereinbelow, at 1:30 o'clock P.M.,
prevailing time, time being of the essence of this Agreement, at
which settlement the following shall take place:
A. The parties shall adjust the taxes and charges
for public utilities and municipal services, if any,
on said Real Estate as provided in Paragraph 4
hereinbelow.
B. Purchaser shall pay to Seller the balance of
the Price as required under Paragraph 2 hereinabcve.
C. Seller shall tender to Purchaser a properly
drawn and duly executed deed describing said Real
Estate, intending thereby to convey good and marketable
title in fee simple with covenant of special warranty,
free and clear of all liens and encumbrances except
(but subject to) (1) all rights-of-way and easements,
visible upon inspection of said Real Estate or of prior
record, (2) building and use restrictions of prior
record, and (3) the rules, regulations, classifications
and restrictions of any zoning or other land lIse
ordinance, resolution or statute applicable to said
Real Estate.
-2-
EXHIBIT B
D. Seller shall deliver pcssession of the Real
Estate to Purchaser.
4. A, All real estate taxes, if any, on said Real Estate
for the respective current tax years of the taxing authorities
shall be adjUsted and prorated between the parties as of and to
the date of final settlement as scheduled and provided in
Paragraph 3 hereinabcva, with each party paying to the other the
apportioned amount of tax prorated to such party's ownership of
said Real Estate based upon the tax year(s) of each such
governmental taxing body.
B. The periodic charges, rents or f.ees of all public
utilities or municipal services providing services to said Real
Estate shall be adjusted and prorated between the parties as of
and to said date of final settlement, with each party paying to
the other or the billing entity, as the case may be, the
apportioned amount of such charges, rents or fees the apportioned
amount prorated to such party's ownership of said Real Estate
based upon the respective billing period of each servicing
entity.
5. The Purchaser agrees to pay all realty transfer taxes
which may be imposed upon the conveyance of said Real Estate at
the time of final settlement.
6. Seller assumes the risk of loss to any improvements on
said Real Estate by fire or other casualty until final settlement
as scheduled and provided in Paragraph 3 hereinabove, and agrees
that said improvements shall remain in substantially their
present condition until said date of final settlement, reasonable
wear and tear under the circumstances of Seller's use of said
Real Estate being excepted, and, if not, Purchaser may rescind
this transaction. SUbject only to the foregoing, Purchaser
agrees to accept said Real Estate in its present condition "as
is", and it is further understood and agreed that Seller makes no
warranties of any kind or nature, express or implied, as to the
condition, dimensions, suitability or use of said Real Estate.
Purchaser acknowledges that it has inspected the Real Estate and
agrees to accept the same in such condition and further agrees to
be wholly responsible for any repairs or improvements which may
be required for Purchaser's future use of 3uid Real Eutate.
7. If for any re~son Purchaser should determine the need
for a current survey of the SUbject Real Estate, the cost and
expense thereof shall be borne exclusively by Purchaser.
8. Purchaser hereby acknowledges that it has been informed
by Seller that there is no community sewage system available to
serve the subject Real Estate and that a permit for an individual
-3-
EXHIBIT B
sewage system will have to be obtained pursuant to section 7 of
the pennsylvania Sewage Facilities Act (35 P.S. S '750.7).
Purchaser understands the need to contact the local agency
charged with administering said Act before signing this contract
to determine the procedure and requirements for obtaining a
permit for an individual sewage system if one has not already
been obtained. The foregoing notice is provided in accordance
with section 7a of said Act (35 P.S. 5 750.7a).
9. If Purchaser shall fail or refuse to make final
settlement as required and scheduled hereinabclve, Seller may
cancel this Agreement and retain the Earnest Money paid hereunder
as liquidated damages, in which event Purchaser's rights
hereunder shall cease and terminate and Seller shall have the
right to further own and dispose of said Real Estate free of any
right of Purchaser thereto or therein, or, alternatively, take
such action at law or in equity as may be appropriate.
10. If Seller should fail or refuse to make final settlement
as required and scheduled hereinabove, Purchaser may cancel this
Agreement and require the return of the Earnest Money paid
hereunder, in which event, the rights of the parties herein and
. hereunder shall cease and terminate, or, alternatively, take such
action at law or in equity as may be appropriate.
11. Notwithstanding anything to the contrary hereinabove
appearing, this transaction and settlement hereof are expressly
contingent upon the Court approval required under Section 707(3)
of the Public School Code cf 1949, as amended (24 P.S. 57-
707(3)). Seller agrees to make and present its petition under
said Section 707(3) within thirty (30) calendar days from the
date hereof and shall use its best efforts to obtain the required
court approval. If the required approval is not finally approved
in accordance with the terms of this Agreement, then this
Agreement shall become unenforceable and the Earnest Money paid
hereunder shall be returned to Purchaser without interest,
whereupon the rights of the parties hereunder shall cease and
become void.
IN WITNESS WHEREOF, the parties have duly executed these
presents the day and year first written above, intending thereby
-4-
EXHIBIT B
'...
EXJUBIT l\
LEGAL DESCRIPTION OF REAL ESTATE
ALL those two certain tracts of land 100ated in South Newton
Township, cumberland County, Pennsylvania, mcre partiou1ar1y
bounded and described as follows:
TRACT NO. ~: BEGINNING at a post, the intersection of the
western line of the back r.oad to Stoughstown with the northern
line of the Walnut Bottom Road; thence in a westerly direction
along the Walnut Bottom Road 364.50 feet to a stake; thence by a
line at right angles to the Walnut Bottom Road along lands now cr
formerly of the Bughman Estate 708.50 feet to a stake on the back
road of Stoughstown; thence in a southerly direction along the
back road to Stoughstown 527.57 feet to a point, the Place of
BEGINNING. containing 4.926 acres.
TRACT NO. ~: BEGINNING at a point in the public road
leading from Walnut Bottom to oakville, which point is 555.77
feet north of the oenter of the intersection of said public road
and the Walnut Bottom Road; thence alon~ the lands ncw or
formerly of the School District of the Township of Newton, South
49 degrees 52 minutes West, 721.47 feet to a pipe; thence along
lands now or formerly of C.J. Goodhart and wife, North 19 degrees
West, 544.51 feet to the southeastern edge of a proposed 20-foct
right-of-way; thence along said proposed right-of-way, North 20
degrees East 60 feet to a point; thence along the southern side
of said right-of-way, North 75 degrees East, 721.47 feet to a
point in the center of said public road leading to Oakville;
thence along the center of said pUblic road, South 0 degrees 15
minutes East, 281.73 feet to the Place of BEGINNING. Containing
6 . B 8 acres.
BEING the same premises which The Central Cumberland county
Joint Schcol Oistrict Authority by its deed dated September ~1,
1981, and recorded in the Office of the Recorder of Deeds in and
for Cunlberland County, Pennsylvania, in Deed Book "0", Volume 29,
Page 309, granted and conveyed unto Big Spring School oistrict,
Seller herein.
EXHIBIT B
Df/AfT
IN REI PRIVATE SALE OF
"JAOKSONVILLE ELEMENTAR'i
SCHOOL" REAL ESTATE BY
BOARD OF SCHOOL DIRECTORS
OF BIG SPRING SOHOOL
DISTRICT
IN THE COURT OF COMMON PJ,EAS OF
Cl~BERLAND COUNT'l, PENNSYLVANIA
NO. 98 -
CIVIL TERM
CIVIL ACTION - LAW
AFFIDAVIT OF DISINTERES'I'ED PERSON
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNT:, [JJi C~SB;kAI(t;(, J;( , being duly sworn
..... / /
accordlng to law, depose and state :"
;:'<1
(1) That I reside at 1.....c.,V
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/(DIII) , (/J~'L-d ((;- , PA
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(2) That I am familiar with the values of real estate
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in the locality in which the land and improvements known as
"Jacksonville Elementary School" are located, to wit: South
Newton Township, Cumberland County, Pennsylvania, and as
more fully described in "Exhibit A" attached hereto;
(3) That I am familiar with the Agreement of Sale
between Big spring school District and Trinity United
Methodist Church dated February 2, 1998, and understand the
price and other terms contained in said Agreement of Sale;
(4) That I have personally examined the real estate
being the subject matter of said Agreement of Sale;
(5) That the price agreed upon between the parties (to
~itl $115,000.00) is a fair and reasonable price for the
subject real estate and in my opinion is a better price than
could be obtained at a public sale;
EXHIBIT C
" '
IN RE: PRIVATE SALE OF
"JACKSONVILLE ELEMENTAR~
SCHOOL" REAL ESTATE BY
BOARD OF SCHOOL DIRECTORS
OF BIG SPRING SCHOOL
DISTRICT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 -
CIVIL TERM
CIVIL ACTION - LAW
AFFIDAV!'r OF DISIN-T,ERESTED PERSON
COMMONWEALTH OF PENNS~LVANIA)
COUNT~
SS.
OF
CUMBERLAND)
I, Roxan.ne Hockersmi th, Assoc. Broker, being duly sworn
according to law, depose and state:
(1) That I reside at
1 5 Hammond ROad
Walnut Bottom
,PA 17266 i
(2) That I am familiar wHh the values of real estate
in the locality in which the land and improvements known as
"Jacksonville Elementary School" are located, to wit: South
Newton 'rownship, Cumber land County, Pennsylvania, and as
more fully described in "Exhibit A" attached hereto;
(3) That I am familiar with the Agreement of Sale
between Big Spring School District and Trinity United
Methodist Church dated February 2, 1998, and understand the
price and other terms contained in said Agreement ot Sale;
(4) That I have personally examined the real estate
being the subject matter of said Agreement of Sale;
(5) That the price agreed upon between the parties (to
wit: $115,000.00) is a fair and reasonable price for the
subject real estat.e and in my opinion is a better price than
could be obtained at a public sale;
.
EXHIBIT D
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L 4H/BIT
, .~ .t'1fj /,FH
HQl'lg
NOTICE is hereby given by the Board of School Directors of
the Big Spring Sohool District as follows: (1) this Notice is
made pursuant to Section 707(3) of the Pennsylvania Public School
Code of 1949, as amended, (24 P.S. 57-707(3)) and as directed by
Order of the Court of Common Pleas of Cumberland County,
Pennsylvania, dated April 14, 1998, in an action docketed to No,
98-1966 Civil Term in a proceeding initiated by said Board to
sell rea] estate known as "JaCksonville Elementary Schaal"
lqcated generally along Walnut Bottom Road in South Newton
Township, Cumberland County, Pennsylvania, said premises
containing approximately 11.806 acres (in 2 adjoining tracts) and
being improved with a school building; (2) said Board of School
Directors proposes to sell said real estate for a total
consideration of $115,000.00 to Trinity United Methodist Church
on various terms and conditions more fully set forth in an
Agreement of Sale filed in the above referenced action with the
Board's Petition for Approval of Private Sale of Real Estate; (3)
the above mentioned Court has fixed a pUblic hearing on the above
mentioned Petition for June 5, 1998, at 10:00 o'clock A.M.,
prevailing time, in Court Room No. 5 of the Cumberland County
Court House at CarliSle, PAl (4) any interested person may
inspect the Petition and Order which is of pUblic record in the
Office of the Prothonot~~of.Cumberland County at the Court
\'." ,,'
SNELBAKER, BRENNEMAN & SPARE, P.C.
ATTORNEYS-AT-LAW
44 West Main street
Meohanicsburg, Pennsylvania 17055-0318
; PETITIONER'S
J EXHIBIT
'''~FH
AGREEMENT OF SALE
THIS AGREEMENT made and entered into this 2nd day of
February , 1998, by and between:
SELLER:
Name: BIG SPRING SCHOOL DISTRICT
Address: 45 Mount Rock Road, Newville, PA 17241
a public school district under the Pennsylvania Publio SOhool
Code of 1949, as'amended, party of the first part, hereinafter
cal.led "Seller",
AND
PURCHASERS:
Name: TRINITY UNITED METHODIST CHURCH
Address: 118 West Main street, Walnut Bottom,
PA 17266-0217
a Pennsylvania non-profit corporation, party of the second part,
hereinafter called "Purchaser".
WITNESSETH:
WHEREAS, Seller is the owner of all that certain Real Estate
more fully described in Exhibit "A" attached hereto, and desires
to sell the same to Purchaser, and Purchaser desires to purchase
said Real Estate from Seller; and
WHEREAS, the parties have negotiated certain terms and
conditions of their sale and purchase of said Real Estate which
they desire to docum~nt by these presents;
NOW, THEREFORE, in consideration of these presents and the
mutual promises, terms and conditions set forth herein and
intending to be legally bound hereby, the parties mutually agree
as follows:
1. Seller agrees to sell, grant and convey unto Purchaser,
and PurchaseE' agrees tc purohase, buy and accept the conveyance
of all that certain real estate premi.e. more fully .et forth in
a certain description thereof attached hereto, marked Exhibit "A"
and incorporated herein by reference thereto and herein called
"Real Estate", SUbject to the requirod approval as more fully set
forth in Paragraph 11 hereinbelow.
2. Purchaser promises and agrees to pay to Seller the sum
of $115,000.00 as the full purchase price and consideration for
said Real Estate (hereinafter called "Price") payable as follows:
A. $500.00 upon the execution and delivery of
this Agreement, receipt of which is hereby acknowledged
by Seller (hereinafter called "Earnest Money"); and
B. The balance of said Price, to wit:
$114,500.00, to be paid to Seller in cash or guaranteed
funds at the time of final settlement as scheduled and
provided in Paragraph 3 hereinbelow.
3. Final settlement of this transaction shall be made and
held at the office cf SNELBAKER, BRENNEMAN Go SPARE, P.c., 44 West
Main Street, Mechanicsburg, Cumberland County, Pennsylvania, on
the 60th business day follcwing the date of final approval as
required under Paragraph 11 hereinbelow, at 1:30 o'clock P.M.,
prevailing time, time being of the 8S8ence of this Agreement, at
which settlement the following shall take place:
A. The parties shall adjust the taxes and charges
for public utilities and municipal services, if any,
on said Real Estate as provided in Paragraph 4
hereinbelow.
. B. Purchaser shall pay to Seller the balance of
the Price as required under Paragraph 2 hereinabove.
C. Seller shall tender to Purchaser a properly
drawn and duly executed deed describing said Real
Estate, intending thereby to convey good and marketable
title in fee simple with covenant of special warranty,
free and olear of all liens and encumbrances except
(bvt subject to) (1) all rights-Of-way and easements,
visible upon inspection of said Real Estate or of prior
record, (2) building and use restrictions of prior
record, and (3) the rules, regulations, classifications
and restrictions of any zoning or other land use
ordinance, resolution or statute applicable to said
Real Estate.
-2-
,',
D. Seller ehall deliver possession of the Real
Estate to Purchaser.
4. A. All real estate taxes, if any, on said Real Estate
for the respective current tax years of the taxing authorities
shall be adjusted and prorated between the parties as of and to
the date of final settlement as scheduled and provided in
Paragraph 3 hereinabovo, with each party paying to the other the
apportioned amount of tax prorated to such party's cwnership of
said Real Estate based upon the tax year(s) of each such
governmental taxing body.
8. The periodic charges, rents or fees of all public
utilities or munici~al services providing services to said Real
Estate shall be adjusted and prorated between the parties as of
and to said date of final settlement, with each party paying to
the other or the billing entity, as the case may be, the
apportioned amount of such charges, rents or fees the apportioned
amount prorated to such party's ownership of said Real Estate
based upon the respective billing period of each servicing
entity. '
5. The Purchaser agrees to pay all realty transfer. taxes
which may be imposed upon the conveyance of said Real Estate at
the time of final settlement.
6. Seller assumes the risk of loss to any improvements on
said Real Estate by fire or other casualty until final settlement
as scheduled and provided in Paragraph 3 hereinabove, and agrees
that said improvements shall remain in substantially their
present condition until said date of final settlement, reasonable
wear and tear under the circumstances of Seller's use of said
Real Estate being excepted, and, if not, Purchaser may rescind
this transaction. Subject only to the foregoing, Purchaser
agrees to accept said Real Estate in its present condition "as
is", and it is further understood and agreed that Seller makes no
warranties of any kind or nature, express or implied, as to the
condition, dimensions, suitability or use of ~aid Real Estate.
Purchaser acknowledges that it has inspected the Real Estate and
agrees to accept the same in such condition and further agrees to
be wholly responsible for any repairs or improvements which may
be required for Purchaser's future ~~e of said Real Estate.
7. If for any reason Purchaser should determine the need
tor a current survey of the subject Real Estate, the cost and
expense thereof shall be borne exclusively by Purchaser.
II. Purchaser hereby acknowledges that it has been J.nformed
by Seller that thQre is no community sewage system available to
aerve the subject Real Estate and that a permit fo~ an individual
-3-
sewage system will have to be obtained pursuant to Section 7 of
the Pennsylvania Sewage Facilities Act (35 P.S. S 750.7).
Purchaser understands the need to contaot 'che local agency
oharged with administering said Act before signing this contract
to determirle the prccedure and requirements for obtaining a
permit for an individual sewage system if. one has not already
been obtained. The foregoing notice is provided in accordance
with Section 7a of said Act (35 P.S. S 750.7a).
9. If Purchaser shall fail or refuse to make final
settlement as required and scheduled hereinabove, Seller may
cancel this Agreement and retain the Earnest Money paid hereunder
as liquidated damages, in lofhich event Purchaser's rights
hereunder shall cease and terminate and Seller shall have the
right to further own and dispose of said Real Estate free of any
right of Purchaser thereto or therein, or, alternatively, take
such action at law or in equity as may be appropriate.
10. If Seller should fail or refuse to make final settlement
as required and scheduled hereinabove, Purchaser may callcsl this
Agreement and require the return of t~e Earnest Money paid
hereunder, in which event, the rights of the parties herein and
hereunder shall cease and terminate, or, alternatively, talc. such
action at law or in equity as may be appropriate.
11. Notwithstanding anything to the contrary hereinabove
appearing, this transaction and settlement hereof are expressly
contingent upon the Court approval required under section 707(3)
of the Public School Code of 1949, as amended (24 P.S. 57-
707(3)). Seller agrees to make and present its petition under
said Section 707(3) within thirty (30) calendar days from the
date hereof and shall use lts best efforts to obtain the required
court approval. If the required approval is not finally approved
in accordance with the terms of this Agreement, then this
Agreement shall become unenfcrceable and the Earnest Money paid
hereunder shall be returned to Purchaser without interest,
whereupon the rights of the parties hereunder, shall cease and
become void.
IN WITNESS WHEREOF, the parties have duly executed these
presents the day and year first written above, intending thereby
-4-
.
EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
ALL those two certain tracts of land looated in South Newton
Township, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
TRACT NO.1: BEGINNING at a post, the intersection of the
western line of the back road to stoughstown with the ncrthern
line of the Walnut Bottom Road; thence in a westerly direction
along the Walnut Hottom Road 364.50 feet to a Rtake; thence by a
line at right angles to the Walnut Bottom Road along lands ncw or
formerly of the Bughman Estate 708.50 feet to a stake on the back
road of Stoughstown; thence in a southerly direction along the
back road to Stoughstown 527.57 feet to a point, the Place of
BEGINNING. containing 4.926 acres.
TRACT NO. l: BEGINNING at a point in the public road
leading from Walnut Bottom to Oakville, which point is 555.77
feet north of the center of the intersection of said public road
and the Walnut Bottcm Road; thence along the lands now or
formerly of the School District of the Township of Newton, South
49 degrees 52 minutes West, 721.47 feet to a pipe; thence alcng
lands now or formerly of C.J. Goodhart and wife, North 19 degrees
West, 544.51 feet to the southeastern edge of a proposed 20-foot
right-of-way; thence along said proposed right-of-way, North 20
degrees East 60 feet to a point; thence along the southern side
of said right-of-way, North 75 degrees East, 721.47 feet to a
point in the center of said pUblic road leading to Oakville;
thence along the oenter of said pUblic road, South 0 degrees 15
minutes East, 281.73 feet to the Place of BEGINNING. containing
6.88 acres.
BEING the same premises which The Central cumberland County
Joint. School District Authority by its deed dated September 21,
1981, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Bock "0", Volume 29,
Page 309, granted and conveyed unto Big Spring School District,
Seller herein.
.~
Trinity United Methodist churoh is hereby approved in aooordanoe
with the Agreement of Sale dated February 2, 1998, and the dUly
authorized officials of the Big Spring School District are hereby
authorized and empowered to consummate said sale in accordance
with said Agreement, and the Board of School Directors of the Big
Spring School District is directed to file a return of sale with
the Court after the sale has bl3en consummated and deed executed
and delivered.
By t~e.~::~f_. t
;'I ....~ -:-:::'_ \
J .-
LAW 0"""01;6
SNELl:JAKE;R,
BRENNEMAN
8< SPAA Co
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