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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MAHONEY, KULA, BRENNAN, D. COSTA, FLECK, GEORGE, GOODMAN, GROVE, KORTZ, KOTIK, MANDERINO, MILLARD, MURT, PASHINSKI, PHILLIPS, PRESTON, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH AND YOUNGBLOOD, MARCH 22, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 22, 2010 |
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| AN ACT |
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1 | Authorizing the Department of Conservation and Natural |
2 | Resources, with the approval of the Governor, to grant and |
3 | convey to Stewart Township and Fayette County, separately, |
4 | certain lands situate in Stewart Township, Fayette County, in |
5 | exchange for Stewart Township and Fayette County, separately, |
6 | granting and conveying certain lands to the Commonwealth of |
7 | Pennsylvania to be added to those existing lands at Ohiopyle |
8 | State Park. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Township conveyance in Stewart Township, Fayette |
12 | County. |
13 | (a) Authorization.--The Department of Conservation and |
14 | Natural Resources, with the approval of the Governor, is hereby |
15 | authorized on behalf of the Commonwealth of Pennsylvania to |
16 | grant and convey to Stewart Township, free of restrictions on |
17 | use and alienation imposed by section 20 of the act of June 22, |
18 | 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land |
19 | Acquisition and Borrowing Act, certain lands situate in Stewart |
20 | Township, Fayette County, in exchange for that certain property |
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1 | to be conveyed to the Commonwealth of Pennsylvania in accordance |
2 | with subsection (c). |
3 | (b) Description of property conveyed to Stewart Township.-- |
4 | The property to be conveyed in accordance with subsection (a) |
5 | consists of approximately 0.57 acres, located in Stewart |
6 | Township, Fayette County, Commonwealth of Pennsylvania, being |
7 | the Total Required Right-of-Way Area for the relocation of |
8 | Township Road T-799 as indicated on the Right-of-Way plans for |
9 | Meadow Run Road recorded on August 11, 2005, in the Fayette |
10 | County Recorder of Deeds Office in Plan Book 14, Page 96. |
11 | (c) Property conveyed to Commonwealth.--The Department of |
12 | Conservation and Natural Resources, with the approval of the |
13 | Governor, is hereby authorized on behalf of the Commonwealth of |
14 | Pennsylvania to receive from Stewart Township certain lands |
15 | situate in Stewart Township, Fayette County, in exchange for |
16 | that property to be conveyed to the township in accordance with |
17 | subsection (a). |
18 | (d) Description of property conveyed to Commonwealth.--The |
19 | property to be conveyed in accordance with subsection (c) |
20 | consists of approximately 0.57 acres, located in Stewart |
21 | Township, Fayette County, Commonwealth of Pennsylvania, being |
22 | the Total Area to be Vacated for the relocation of Township Road |
23 | T-799 as indicated on the Right-of-Way Plans for Meadow Run Road |
24 | recorded on August 11, 2005, in the Fayette County Recorder of |
25 | Deeds Office in Plan Book 14, Page 96. |
26 | Section 2. County conveyance in Stewart Township, Fayette |
27 | County. |
28 | (a) Authorization.--The Department of Conservation and |
29 | Natural Resources, with the approval of the Governor, is hereby |
30 | authorized and directed on behalf of the Commonwealth of |
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1 | Pennsylvania to convey to Fayette County a certain tract of land |
2 | described in subsection (b). |
3 | (b) Description of property conveyed to Fayette County.--The |
4 | property to be conveyed in accordance with subsection (a) |
5 | consists of approximately 0.27 acres, located in Stewart |
6 | Township, Fayette County, Commonwealth of Pennsylvania, being |
7 | the Total Required Right-of-Way area for the relocation of |
8 | County Bridge No. 82 as indicated on the Right-of-Way Plans for |
9 | Meadow Run Road recorded on August 11, 2005, in the Fayette |
10 | County Recorder of Deeds Office in Plan Book 14, Page 96. |
11 | (c) Property conveyed to Commonwealth.--The conveyance |
12 | authorized in subsection (a) shall be in exchange for conveyance |
13 | of a certain tract of land to be vacated by Fayette County to |
14 | the Commonwealth as described in subsection (d). |
15 | (d) Description of property conveyed to Commonwealth.--The |
16 | property to be conveyed by vacation ordinance consists of |
17 | approximately 0.001 acres, located in Stewart Township, Fayette |
18 | County, Commonwealth of Pennsylvania, being the Total Area to be |
19 | Vacated for the relocation of County Bridge No. 82 as indicated |
20 | on the Right-of-Way Plans for Meadow Run Road recorded on August |
21 | 11, 2005, in the Fayette County Recorder of Deeds Office in Plan |
22 | Book 14, Page 96. |
23 | Section 3. Drainage easement. |
24 | Stewart Township shall reserve a drainage easement consisting |
25 | of an area recorded in survey book No. 797 and the Right-of-Way |
26 | Plans, approved June 20, 2005, for Stewart Township, which will |
27 | allow Stewart Township to enter the property of the Commonwealth |
28 | of Pennsylvania, as necessary, to construct or alter the course |
29 | of the drainage and to make such future, reasonable entries as |
30 | necessary to maintain or reconstruct the drainage facility for |
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1 | the protection of the highway. It shall not prevent the grantee |
2 | from making any use of the area which is not detrimental to the |
3 | necessary flow of water. However, no structure of any kind may |
4 | be erected in the designated area, nor may any pipe or ditch be |
5 | connected to Stewart Township's pipe or ditch without advanced |
6 | approval by Fayette County. |
7 | Section 4. Conditions of conveyance. |
8 | The conveyances described in this act shall be made |
9 | concurrently and under and subject to all lawful and enforceable |
10 | easements, servitudes and rights of others, including, but not |
11 | confined to, streets, roadways and rights of any telephone, |
12 | telegraph, water, electric, gas or pipeline companies, as well |
13 | as under and subject to any lawful and enforceable estates or |
14 | tenancies vested in third persons appearing of record, for any |
15 | portion of the land or improvements erected thereon. |
16 | Section 5. Restrictive covenants. |
17 | (a) Project 70 restriction.--The Department of Conservation |
18 | and Natural Resources, with the approval of the Department of |
19 | General Services, shall impose and record Project 70 |
20 | restrictions on the property to be conveyed in accordance with |
21 | section 1(c). |
22 | (b) Gaming restriction.--Any conveyance authorized under |
23 | section 1 shall be made under and subject to the condition, |
24 | which shall be contained in the deed of conveyance, that no |
25 | portion of the property conveyed to Stewart Township shall be |
26 | used as a licensed facility, as defined in 4 Pa.C.S. § 1103 |
27 | (relating to definitions), or any other similar type of facility |
28 | authorized under State law. The condition shall be a covenant |
29 | running with the land and shall be binding upon Stewart |
30 | Township, its successors and assigns. Should Stewart Township, |
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1 | its successors or assigns, permit any portion of the property |
2 | authorized to be conveyed to the township in this act to be used |
3 | in violation of this subsection, the title shall immediately |
4 | revert to and revest in the Commonwealth. |
5 | Section 6. Deeds. |
6 | The deed for the conveyance of the property in accordance |
7 | with sections 1(a) and (c) and 2(a) and (c) shall be by Special |
8 | Warranty Deed and shall be executed by the Secretary of |
9 | Conservation and Natural Resources in the name of the |
10 | Commonwealth of Pennsylvania. |
11 | Section 7. Costs and fees. |
12 | All costs and fees incidental to the conveyances contained in |
13 | this act shall be borne by Stewart Township. |
14 | Section 8. Time period for conveyances. |
15 | In the event that these conveyances are not executed within |
16 | 12 months of the effective date of this section, the |
17 | authorization contained in this act shall become null and void. |
18 | Section 9. Effective date. |
19 | This act shall take effect immediately. |
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