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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GOODMAN, JUNE 28, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 28, 2010 |
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| AN ACT |
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1 | Authorizing the Department of General Services, with the |
2 | approval of the Department of Corrections and the Governor, |
3 | to dedicate, grant and convey to the Frackville Area |
4 | Municipal Authority, a waste water system and appurtenances, |
5 | together with easements for public sewer purposes, situate in |
6 | Ryan Township, Schuylkill County. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Conveyance to Frackville Area Municipal Authority in |
10 | Ryan Township, Schuylkill County. |
11 | (a) Authorization.--The Department of General Services, with |
12 | the approval of the Department of Corrections and the Governor, |
13 | is hereby authorized on behalf of the Commonwealth of |
14 | Pennsylvania to dedicate, grant and convey to the Frackville |
15 | Area Municipality Authority, a waste water system, consisting of |
16 | approximately 2,500 linear feet of sewer line, head works, wet |
17 | well, control buildings, chemical feed system, duplex pump |
18 | station, approximately 400 linear feet of force main, and |
19 | appurtenances, together with such easements as may be necessary |
20 | for purposes of the operation, maintenance, repair and |
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1 | replacement of the waste water system and appurtenances, over |
2 | through and in certain property constituting a portion of the |
3 | grounds of the State Correctional Institute - Frackville, |
4 | outside the security fence, for $1.00 and under terms and |
5 | conditions to be established by the parties. |
6 | (b) Easement.--Pursuant to subsection (a), the Department of |
7 | General Services is authorized to grant to the Frackville Area |
8 | Municipal Authority a permanent easement for access to, |
9 | operation, maintenance and repair of, the waste water system, |
10 | over, through and in the real property constituting a part of |
11 | the grounds of the State Correctional Institution - Frackville, |
12 | outside the security fence, being a portion of the real property |
13 | acquired by the Commonwealth of Pennsylvania pursuant to a deed |
14 | recorded at the Office of the Recorder of Deeds of Schuylkill |
15 | County at Deed Book 1336, Page 128. The easement shall be more |
16 | particularly identified upon agreement of the parties and |
17 | preparation of a survey by a Pennsylvania licensed surveyor. |
18 | (c) Subject to rights of others.--The conveyance shall be |
19 | made under and subject to all lawful and enforceable easements, |
20 | servitudes and rights of others, including, but not confined to, |
21 | streets, roadways and rights of any telephone, telegraph, water, |
22 | electric, gas or pipeline companies, as well as under and |
23 | subject to all lawful and enforceable estates or tenancies |
24 | vested in third persons, whether or not appearing of record, for |
25 | any portion of the land or improvement erected thereon. |
26 | (d) Execution.--The deed or other conveyance document |
27 | executed pursuant to this section shall be executed by the |
28 | Secretary of General Services in the name of the Commonwealth of |
29 | Pennsylvania. |
30 | (e) Repair.--The deed or other conveyance document executed |
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1 | pursuant to this section shall contain a covenant requiring the |
2 | Frackville Area Municipal Authority to repair, to the |
3 | satisfaction of the Commonwealth, any damage to the easement |
4 | area caused by the Frackville Area Municipal Authority's |
5 | operation, maintenance, repair or replacement of the water |
6 | system and appurtenances. |
7 | (f) Costs, fees and expenses.--All costs, fees and expenses |
8 | incidental to the conveyances authorized under subsection (a), |
9 | including, but not limited to, surveying costs and any costs |
10 | resulting from alterations to the waste water system made |
11 | necessary as a result of this conveyance, shall be borne by the |
12 | Frackville Area Municipal Authority or Schuylkill County. The |
13 | Commonwealth shall not bear any costs, fees or expenses |
14 | associated with this conveyance. |
15 | (g) Nonconveyance.--In the event that the conveyance is not |
16 | executed within two years of the effective date of this section, |
17 | the authority contained in this section shall expire. |
18 | Section 2. Effective date. |
19 | This act shall take effect immediately. |
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