Bill Text: PA SB243 | 2011-2012 | Regular Session | Introduced

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Bill Title: Authorizing the Department of General Services, with the approval of the Department of Conservation and Natural Resources and the Governor, to grant and convey to Ohiopyle Borough certain lands situate in Ohiopyle Borough, Fayette County, in exchange for Ohiopyle Borough granting and conveying certain lands to the Commonwealth of Pennsylvania to be added to those existing lands at Ohiopyle State Park.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-31 - Referred to STATE GOVERNMENT [SB243 Detail]

Download: Pennsylvania-2011-SB243-Introduced.html

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PRINTER'S NO. 322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 243 Session of2011
INTRODUCED BY KASUNIC, JANUARY 31, 2011
REFERRED TO STATE GOVERNMENT, JANUARY 31, 2011
AN ACT
Authorizing the Department of General Services, with the
approval of the Department of Conservation and Natural
Resources and the Governor, to grant and convey to Ohiopyle
Borough certain lands situate in Ohiopyle Borough, Fayette
County, in exchange for Ohiopyle Borough granting and
conveying certain lands to the Commonwealth of Pennsylvania
to be added to those existing lands at Ohiopyle State Park.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Ohiopyle Borough, Fayette County.
The Department of General Services, with the approval of the
Department of Conservation and Natural Resources and the
Governor, is hereby authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey to Ohiopyle Borough, subject to
residential use only restrictions, and free of restrictions on
use and alienation imposed by section 20 of the act of June 22,
1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
Acquisition and Borrowing Act, certain lands situate in Ohiopyle
Borough, Fayette County, in exchange for that certain property
to be conveyed to the Commonwealth of Pennsylvania in accordance
with section 3.
Section 2. Description of property.
The property to be conveyed in accordance with section 1
consists of one tract of land totaling approximately 2.65 acres
and improvements thereon bounded and more particularly described
as follows:
ALL THAT CERTAIN tract of land situate in the Borough of
Ohiopyle, County of Fayette, Commonwealth of Pennsylvania.
BEGINNING at Found Rebar & Cap S 52 degrees, 23 minutes, 42
seconds West 166.64 feet, thence S 43 degrees, 58 minutes, 40
seconds East 262.44 feet, thence S 47 degrees, 18 minutes, 52
seconds West 224.94 feet, thence N 44 degrees, 12 minutes, 20
seconds West 144.96 feet, thence along the same 10.5 feet,
thence S 46 degrees, 18 minutes, 49 seconds West 50.00 feet,
thence S 44 degrees, 09 minutes, 33 seconds East 258.03 feet,
thence N. 50 degrees, 16 minutes, 07 seconds East 496.84 feet,
thence N 52 degrees, 04 minutes, 10 seconds West 392.39 feet to
the place of Beginning.
CONTAINING 2.65 acres more or less.
Section 3. Authorization to receive property.
The Department of General Services, with the approval of the
Department of Conservation and Natural Resources and the
Governor, is hereby authorized on behalf of the Commonwealth of
Pennsylvania to receive from Ohiopyle Borough certain lands
situate in Ohiopyle Borough, Fayette County, in exchange for
that property to be conveyed to the Borough in accordance with
section 1.
Section 4. Description of property to be received.
The property to be conveyed in accordance with section 3
consists of approximately 2.65 acres and improvements, except
the sewer treatment plant and its utilities as outlined in the
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agreement between Ohiopyle Borough and the Bureau of State
Parks, thereon bounded and more particularly described in the
Fayette County Deed Book 1043 Page 701:
All that certain parcel of land situate in the Borough of
Ohiopyle, Fayette County, Pennsylvania, bounded on the south
by Meadow Run, on the east by a public highway known as
Travel Route 381, for a distance of 900 feet northwardly from
Meadow Run, on the north by a line extending to the
Youghiogheny River having a bearing of North 85º 32' 30" West
and on the west by the east bank of the Youghiogheny River in
a southerly direction to Meadow Run. Containing 2.65 acres
and being the area outlined in red on drawing prepared by the
Chester Engineering dated 1965, attached herto and made part
hearof.
CONTAINING in area 2.65 acres, more or less.
Section 5. Easements and encumbrances.
The conveyances described in this act shall be made
concurrently and 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.
Section 6. Restrictive covenants.
(a) Project 70 restrictions.--The Department of Conservation
and Natural Resources, with the approval of the Department of
General Services, shall impose and record Project 70
restrictions on the property to be conveyed in accordance with
section 3.
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(b) Other restrictions.--Any conveyance authorized under
section 1 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 to Ohiopyle Borough 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 Ohiopyle Borough, its successors and assigns. Should
Ohiopyle Borough, its successors or assigns permit any portion
of the property authorized to be conveyed to the borough in this
act to be used in violation of this subsection, the title shall
immediately revert to and revest in the Commonwealth of
Pennsylvania.
(c) Essential use restrictions.--The Department of General
Services, with the approval of the Department of Conservation
and Natural Resources, shall impose residential use only
restrictions on the property to be conveyed in accordance with
section 2.
Section 7. Special warranty deed.
The deed for the conveyance of the property in accordance
with sections 1 and 3 shall be by special warranty deed and
shall be executed by the Secretary of General Services in the
name of the Commonwealth of Pennsylvania.
Section 8. Costs.
All costs and fees incidental to the conveyances contained in
this act shall be borne by the Department of Conservation and
Natural Resources.
Section 9. Expiration of authorization.
In the event that these conveyances are not executed within
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12 months of the effective date of this act, the authorization
contained in this act shall become null and void.
Section 10. Effective date.
This act shall take effect immediately.
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