PRINTER'S NO.  1964

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1425

Session of

2012

  

  

INTRODUCED BY WOZNIAK, FONTANA, HUGHES, ERICKSON, TARTAGLIONE AND COSTA, FEBRUARY 16, 2012

  

  

REFERRED TO STATE GOVERNMENT, FEBRUARY 16, 2012  

  

  

  

AN ACT

  

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Authorizing the Department of Conservation and Natural Resources

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to lease to an alternative energy company certain lands

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situate on State forest land located in Adams Township,

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Cambria County.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Land within Gallatzin State Forest.

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(a)  Authorization.--The Commonwealth owns the lands which

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comprise the Gallatzin State Forest, a portion of which State

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forest lands are located in Adams Township, Cambria County.

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Notwithstanding any other law, the Department of Conservation

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and Natural Resources, acting on behalf of the Commonwealth, is

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hereby authorized and directed to lease to an alternative energy

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company (hereinafter "lessee") for an initial term of 99 years,

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land within the Gallatzin State Forest in Adams Township,

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Cambria County, and to extend the period for all or any portion

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of the leased premises for an additional term of up to 99 years.

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(b)  Description of property.--The land to be leased is more

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particularly described as follows:

 


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ALL THOSE CERTAIN tracts of land situated mostly in the

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Township of Adams, County of Cambria and Commonwealth of

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Pennsylvania, and partly in the Township of Ogle, County of

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Somerset, Commonwealth of Pennsylvania, being more particularly

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bounded and described as follows:

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TRACT NO. 1:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

ALL that part or parcel of a certain tract of land

situate, lying and being in the Township of Adams, County of Cambria and State of Pennsylvania, bounded and described as follows:

BEGINNING at a point (post) at the southwest corner of lands formerly of David Costlow; thence along line of David Costlow South 85° East a distance of 1715 feet to a post at lands formerly of Mountain Coal Company; thence along same South 4° 15' West a distance of 1694 feet to a post; thence along same North 85° 45' West a distance of 673 feet to a post, corner of land formerly of Franklin Devlin (J. S. Costlow Tract); thence along line of Franklin Devlin North 27° 45' West a distance of 1965 feet to a point (post) the place of beginning. CONTAINING 45.232 acres in accordance with survey made by George Chulick, P. E., made May 31, 1968.

BEING part of those lands encompassed in Deed from Pete Jonosky, et al, to Cambria Mining and Manufacturing Company dated June 25, 1968 and recorded in the office for the recording of deeds, etc. in Cambria County in Deed Book Vol. 858, page 325. AND, being part of those lands encompassed in description no. 3 in a Deed from Universal

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TRACT NO. 1A:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

Minerals, Inc. et al to Cooney Bros. Coal Co.,

dated June 15, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that part or parcel of certain tract of land situate, lying and being in the Township of Adams, County of Cambria and State of Pennsylvania, bounded and described as follows:

Beginning at a point, said point being the starting point for parcel no. 2 herein, and being the northerly corner of the J. S. Costlow Tract; thence along the J. S. Costlow Tract, South 13° West, a distance of 2351.0 feet to a point on line of the Fred Gordon Tract; thence along the Fred Gordon Tract South 89° 30' West, a distance of 892.3 feet to a point; thence through lands of which this is a part North 13° East, a distance of 3300.0 feet more or less to a point on line of the Wm. Shank Tract of 60.40 acres; thence along the Wm. Shank Tract South 37° East, a distance of 1190.0 feet, more or less, to a point and place of beginning. CONTAINING 57.29 acres, more or less.

BEING part of those lands encompassed in Deed from Pete Jonosky, et al to Cambria Mining and Manufacturing Company dated June 25, 1968 and recorded in the office for the recording of deeds, etc., in Cambria County in Deed Book Vol. 858, page 325. AND, being part of those lands encompassed in description no. 3 in a Deed from

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TRACT NO. 2:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

TRACT NO. 3:

  

  

  

  

  

  

  

Universal Minerals, Inc. et al to Cooney Bros.

Coal Co., dated June 15, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain piece of parcel of land, situate in the Township of Adams, County of Cambria, and State of Pennsylvania bounded and described as follows, viz:

BEGINNING at a Beech, near a run; thence South 13° West 142 1/2 perches (2351.25 feet) to a laurel; thence due East 111 3/10 perches (1836.45 feet) to stones; thence North 31° West 163 perches (2689.5 feet) to the place of beginning. CONTAINING 49 30/100 acres.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co., dated June 15, 1983, and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain tract of land situate in Adams Township, County of Cambria, State of Pennsylvania, bounded and described as follows, to wit:

BEGINNING at Yellow Run near James Costlow's Old Mill; thence by the other part of the Wm. Nicholas survey East 191 perches (3151.5 feet) to a post; thence along line of Ferdinand Gordon survey North

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TRACT NO. 4:

  

  

  

  

  

  

  

  

  

  

  

  

139 1/4 perches (2297.63 feet) to stones; thence

along the William Gray survey West 160 perches (2640.0 feet) more or less to the said Yellow Run and thence along line of land of Mrs. Costlow up the middle of said Yellow Run 182 perches (3003.0 feet) to the place of beginning. CONTAINING 149 acres.

EXCEPTING and reserving a right-of-way conveyed to the Pennsylvania Railroad Company, being a portion of Tract No. 14 herein conveyed.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co. dated June 15, 1983, and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain tract of land situate in Adams Township, County of Cambria and State of Pennsylvania, bounded and described as follows:

BEGINNING at a small spruce; thence by land of Jacob Clements, South 88° East 250 perches (4125.0 feet) to a post; thence by land of Ferdinand Gordon, North 2° East 151 3/4 perches (2503.87 feet) to a post; thence by land of John Smith, North 88° West 250 perches (4125.0 feet) to a Beech; thence by lands of Robert Ross, South 2° West 151 3/4 perches to the place of beginning. CONTAINING 236 acres and 93 perches, strict measure.

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TRACT NO. 5:

  

EXCEPTING and reserving right-of-way conveyed to

the Pennsylvania Railroad Company.

ALSO EXCEPTING and reserving a certain piece or parcel of land described, to wit:

BEGINNING at a point on the northest corner of the Robert Ross Tract and the northwest corner of William Nicholson Tract No. 2 of which this is a part; thence along the line of the Robert Ross Tract S 2° W, 1856.60 feet to a point; thence through lands of which this is a part S 88° E, 656.01 feet more or less to a point on the westerly side of lands formerly the right-of-way of the Llanfair Branch of the Pennsylvania Railroad; thence along said right-of-way in a northeasterly direction 1000 feet more or less to a point; thence through lands of which this is a part N 2° E, 913.71 feet to a point on line of lands of the William Nicholson no. 1 tract; thence along the said William Nicholson no. 1 tract west, 900 feet to the point and place of beginning. CONTAINING 37.73 acres, more or less.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co., dated June 15, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain tract of land situate in Adams Township, Cambria County, State of Pennsylvania,

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TRACT NO. 6:

  

  

  

  

  

  

  

  

bounded and described as follows:

BEGINNING at a Beech at the northeast corner of

tract warranted in the name of William Nichols; thence by said tract South 3° West 286 perches (4719.0 feet) to a post; thence by tracts warranted in the names of Henry Barrington and Henry Rice, South 87° East 265 perches (4372.5 feet) to a post; thence by tract warranted in the name of John Anderson, North 3° East 286 perches (4719.0 feet) to a post; and thence by tract warranted in the names of Alexander McGregor and William Gray, North 87° West 265 perches (4372.5 feet) to a Beech, the place of beginning. CONTAINING 473.69 acres.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co., dated June 15, 1983, and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain tract of land situate in Adams Township, Cambria County, Pennsylvania, bounded and described as follows:

BEGINNING at a point in line of lands warranted in the name of William Nichols; thence by same and land warranted in the name of Fred Gordon; East 193 perches (3184.5 feet) to a point; thence by lands of Henry Rice South 355 perches (5857.5 feet) to a point; thence by lands of John Garder

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TRACT NO. 7:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

and Mathias West, West 193 perches (3184.5 feet)

to a point; thence by lands of Jacob Clements, North 355 perches (5857.5 feet) to the place of beginning. CONTAINING 401 acres.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co., dated June 15, 1983, and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL that certain tract of land situate in Adams Township, Cambria County, Pennsylvania, bounded and described as follows:

BEGINNING at a post on line of tract warranted in the name of Ferdinand Gordon, being the northeast corner of tract warranted in the name of Henry Barrington, South 3° West 362 perches (5973.0 feet) to a post on line of tract warranted in the name of John Gardner; thence by said tract warranted in the name of John Gardner, South 87° East 200 perches (3300.0 feet) to stone corner of tract Vickroy and Clark, North 38° East 95 perches (1567.5 feet) to a Beech Stump; thence by same tract, North 17° West 207 perches (3415.5 feet) to a post; thence still by the same tract, North 87° West 28 perches (462.0 feet) to a post; thence still by same tract of Vickroy and Clark, North 3° East 90 perches (1485.0 feet) to a post in line of tract warranted in the name of John Anderson;

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thence by said tract warranted in the name of John

Anderson and also by tract warranted in the name of Ferdinand Gordon, North 87° West 156 1/2 perches (2582.25 feet) to a post, the place of beginning. CONTAINING 463.73 acres.

EXCEPTING and reserving 17.68 acres conveyed by three conveyances to the Dunlo Rod and Gun Club, said three conveyances being described as follows:

BEGINNING at a set stone, corner of lands now or formerly Highland Sewer and Water Authority; thence along line of lands of the Highland Sewer and Water Authority South 3° 00' West, 1100.5 feet to an Iron Pin corner; thence through lands of which this is a part North 87° West, 700.0 feet to an Iron Pin corner; thence by same North 3° 00' East, 1100.5 feet to an Iron Pin corner on line of said Highland Sewer and Water Authority; thence along line of the Highland Sewer and Water Authority South 87° East 700.0 feet to the place of beginning.

ALSO, EXCEPTING and reserving unto the Dunlo Rod and Gun Club, their assigns and successors the free and uninterrupted access and right-of-way, forever, to the lands above described by the customary routes now employed for access.

BEING part of the lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co. dated June 15, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16,

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TRACT NO. 8:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

1983 in Deed Book Vol. 1113, page 356.

ALL that tract of land situate in Adams Township,

Cambria County, Pennsylvania bounded and described as follows:

BEGINNING at a rock oak; thence by land of Thomas Vickroy and William Clark, Jr., North 20° East 72 perches (1188.0 feet) to a Sugar; thence North 17° West 213 perches (3514.5 feet) to a Sugar; thence by land of Henry Rynard, Henry Barrington West 223 perches (3679.5 feet) to a Beech; thence by Mathias West's land South 263 perches (4339.5 feet) to a corner; thence by lands of Joseph Moore, East 264 perches (4356.0 feet) to the place of beginning. CONTAINING 401 acres.

EXCEPTING and reserving a tract of land bounded and described as follows:

BEGINNING at an iron pin on the northerly side of Township Road 303, said point being located on line North 21° 27' East a distance of 455.55 feet from the southwest corner of the E.S. Vickroy Tract; thence along the northerly side of Township Road 303, North 66° 11' West a distance of 205.42 feet to a point; thence continuing by the same, North 65° 7' West a distance of 448.61 feet to an iron pin; thence continuing by the same, North 74° 56' West a distance of 212.0 feet to an iron pin; thence through lands of which this is a part, North 3° 43' East a distance of 984.89 feet to a point; thence by the same, Due East a distance of 694 feet to a point on line of lands now or

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TRACT NO. 9:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

formerly of the Beaversale Sportsmen's

Association; thence by lands now or formerly of the Beaversale Sportsmen's Association, South 17° East a distance of 832.61 feet to a Sugar tree corner; thence by the same, South 21° 27' West a distance of 551.64 feet to the place of beginning. CONTAINING 22.72 acres, more or less.

BEING part of those lands encompassed in description no. 2 in a Deed from Universal Minerals, Inc., et al to Cooney Bros. Coal Co., dated June 15, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on June 16, 1983 in Deed Book Vol. 1113, page 356.

ALL the Grantors' right, title and interest in that certain tract of land situate, lying and being in the Township of Adams, County of Cambria, State of Pennsylvania, bounded and described as follows:

BEGINNING at the southeast corner of lands now or formerly of Fredrick Sell and lands of "Babcock State Forest" said point being South 84° East 2359.5 feet and South 6° West 462 feet from the northeast corner of other lands now or formerly of John R. Torquato, thence along lands now or formerly of Fredrick Sell North 6° East 3349.5 feet to a point which is the southwest corner of lands now or formerly of S.I.D. Vihar Ed. Assn.; thence along lands now or formerly of S.I.D. Vihar Ed. Assn., and crossing T-303 (Old Bedford Pike)

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TRACT NO. 10:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

south 84° East 962.49 feet to a point, the

northeast corner of lands now or formerly of John E. Stefanko; thence along lands now or formerly of John E. Stefanko and crossing T-303, South 6° West 3349.5 feet to a point on line of lands of the "Babcock State Forest"; thence along the lands of the "Babcock State Forest" North 84° West 962.49 feet to the point and place of beginning. CONTAINING 74.01 acres.

ALL that certain tract of land situate, lying and being in the Township of Adams, County of Cambria and State of Pennsylvania, bounded and described as follows:

BEGINNING at stones, corner of lands of the Berwind-White Coal Mining Company and J. B. Kelly; thence south 69° east 701 feet to stones; thence by land of J. B. Kelly north 66° east 1528 feet to a post; thence by lands of Waldo Meals south 6° west 2640 feet to stones; thence by the same south 84° east 5214 feet to a beech stump; thence by lands of Babcock Lumber Company south 6° west 1400 feet more or less to Somerset-Cambria County line; thence along Somerset-Cambria County line in a westerly direction 7270 feet to Berwind-White Coal Mining Company; thence along Berwind-White Coal Mining Company land north 6° east 3430 feet more or less to the place of beginning. CONTAINING 238 acres, more or less.

BEING those lands encompassed in a Deed from Sara Jane Torquato, individually, and as administratrix

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TRACT NO. 11:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

of the Estate of John R. Torquato otherwise John

R. Torquato, Sr. to Cooney Bros. Coal Co., dated October 9, 1986 and recorded in the office for the recording of deeds, etc., in and for Cambria County on October 27, 1986 in Deed Book Vol. 1178, page 547 and, Deed from Mafalda Torquato, single, to Cooney Bros. Coal Co. dated January 20, 1987 and recorded in the office for the recording of deeds, etc., in and for Cambria County on January 21, 1987 in Deed Book Vol. 1182, page 546.

ALL that certain piece or parcel of land situate, lying and being in the Township of Adams, County of Cambria and State of Pennsylvania, bounded and described as follows:

BEGINNING at a stake in a township road leading from Eureka No. 42 to Krayn at corner of land now or formerly of Stanely Lasky and land now or formerly of Longwall Mining; thence along land of Stanley Lasky South 04° 52' 22" West 1666.89 feet to a point in the township road leading from Eureka No. 42 to Bedford County; thence through the center of said township road and through land of which this was formerly a part; the following fifteen (15) courses and distances, to wit: (1) North 88° 43' West 257.45 feet to a point, (2) North 85° 34' West 187.59 feet to a point, (3) South 78° 42' West 81.79 feet to a point, (4) South 57° 52' West 101.52 feet to a point, (5) South 49° 30' West 101.65 feet to a point, (6) South 57° 19' West 101.29 feet to a point, (7)

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TRACT NO. 12:

  

  

  

  

  

  

  

South 67° 07' West 175.28 feet to a point, (8)

South 76° 44' West 51.83 feet to a point, (9) North 57° 32' West 51.28 feet to a point, (10) North 36° 34' West 101.86 feet to a point, (11) North 38° 51' West 101.89 feet to a point, (12) North 47° 07' West 182.58 feet to a point, (13) North 52° 48' West 101.68 feet to a point, (14) North 58° 33' West 308.07 feet to a point, and (15) North 60° 42' West 111.72 feet to a point, thence 04° 45' 37" East 429.24 feet to an iron pin and stones on line of land of Longwall Mining; thence along land of Longwall mining, North 64° 10' 55" East 2039.41 feet to a stake in road, the place of beginning. CONTAINING 48.90 acres, as shown on the Plan of Sewell Oldham R.S., dated September 20, 1976.

BEING the same piece or parcel encompassed in a Deed from Francis R. Allison, et al to Cooney Brothers Coal Co., dated March 14, 1984 and recorded in the office for the recording of deeds, etc., in and for Cambria County on March 22, 1984 in Deed Book Vol. 1126, page 719.

ALL that certain tract or parcel of land situate in Ogle Township, Somerset County, Pennsylvania, bounded and described as follows:

BEGINNING at a point on the Cambria-Somerset County line, said point being the northeastern corner of lands described herein; thence from the point of beginning along lands of the Babcock State Forest, South 3° 40' West 2047.03 feet to a

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TRACT NO. 13:

  

  

  

  

  

point; thence still by the same, North 84° West

6262.29 feet to existing iron pin in a stone pile, thence still by the same, North 6° 04' East 878.32 feet to an existing iron pin; thence still by the same, North 83° 56' West 1080.55 feet to a point on lands now or late of the Wilmore Coal Company; thence along the same, North 06° 04' East 994.79 feet to an existing stone pile on line of lands now or late of John R. Torquato; thence along the same, South 85° 21' East 7259.39 feet to the point and place of beginning. CONTAINING 306.723 acres more or less.

EXCEPTING AND RESERVING from the above described tract approximately 9.20 acres conveyed by Nora McDonald, Administratrix to Pot Ridge Coal Company as set forth in prior deed.

BEING part of those lands encompassed in Description for Parcel #2 in a Deed from United States National Bank, Executors for the Estate of Frank M. Sheesley to Cooney Brothers Coal Co. dated December 6, 1983 and recorded in the office for the recording of deeds, etc., in and for Somerset County on February 8, 1984 in Deed Book Vol. 914, page 455.

ALL that certain tract or parcel of land situate in Adams Township, Cambria County, Pennsylvania, bounded and described as follows:

BEGINNING at a point on the division line between lands herein described and lands now or late of Stanley Lasky; thence from the point of beginning

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along Stanley Lasky and lands of Frederick Sell

South 3° 15' West 5659.5 feet to an existing iron pin on line of lands now or late of John R. Torquato; thence along the same North 86° 30' West 1732.5 feet to a point on line of lands now or late of Gelsomina L. Capannari; thence along the same, North 3° 15' East 4626.6 feet to a point on line of lands now or late of the Longwall Mining Company, Inc., thence along the same North 63° 30' East 1976.7 feet to the point and place of beginning. CONTAINING 204 acres, more or less.

EXCEPTING 48.90 acre tract conveyed to Francis R. Allison, et ux, as recorded in Deed Book Vol. 1029, page 619, being Tract No. 11 herein conveyed.

ALSO, excepting and reserving a certain parcel of land described as follows:

BEGINNING at a point, said point being located North 3° 15' East, 380 +/- feet from the southeast corner of the Caleb Lownes Warrant; thence through lands of which this is a part North 86° 30' West, 350 +/- feet to a point on the east side of an earthen road; thence along the easterly side of said earthen road in a northwesterly direction, 1000 +/- feet to point; thence South 86° 30' East 850 +/- feet to a point on line of the Ebenezer Branham Warrant; thence along the line of the Ebenezer Branham Warrant South 3° 15' West, 850 +/- feet to the place of beginning. CONTAINING 8.72 acres more or less.

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TRACT NO. 14:

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

BEING part of those lands encompassed in

description for Parcel #1 in a Deed from United States National Bank, Executors for the Estate of Frank M. Sheesley to Cooney Brothers Coal Co., dated December 6, 1983 and recorded in the office for the recording of deeds, etc., in and for Cambria County on February 3, 1984 in Deed Book Vol. 1124, page 657.

ALL the right, title and interest in that part or parcel of a certain tract of land known as the right-of-way for the "Llanfair Branch of the former Pennsylvania Railroad lying and being in the Township of Adams, County of Cambria, State of Pennsylvania, bounded and described as follows:

BEGINNING at a point on the northerly line of the William Nicholson #1 Warrant, Station 164+73 +/-; thence in a southwesterly direction through the William Nicholson #1 Warrant and continuing through the William Nicholson #2 Warrant to a point on southerly line of the William Nicholson #2 Warrant, Station 213+23 +/-, containing 6.38 acres more or less.

BEING part of the parcel or tract of land encompassed in a Deed from John J. Ondesko et al to Cooney Brothers Coal Co., dated May 23, 1984 and recorded in the office for the recording of deeds, etc., in and for Cambria County on May 31, 1984 in Deed Book Vol. 1130, page 505.

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(c)  Lease agreement.--The lease and any other documents

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hereby contemplated shall be approved as to form and legality by

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the Attorney General and the Office of General Counsel and shall

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be executed by the Department of Conservation and Natural

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Resources, which approvals shall not be unreasonably withheld,

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in the name of the Commonwealth. The least shall grant the

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lessee, and all successors and assigns, the right to use the

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above-described premises for the generation and transmission of

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electricity utilizing wind power.

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(d)  Land use restriction.--The lease authorized under this

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section shall be made under and subject to the condition, which

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shall be contained in the lease documents, that no portion of

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the parcel shall be used as a licensed facility as defined in 4

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Pa.C.S. § 1103 (relating to definitions) or any other similar

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type of facility authorized under the laws of this Commonwealth.

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This condition shall be a covenant running with the land and

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shall be binding upon the lessee and its successors and assigns.

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Should any portion of the parcel authorized to be leased under

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this act be used in violation of this subsection, the lease

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shall terminate immediately.

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(e)  Free public access.--The lessee, and its successors and

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assigns, shall provide and maintain free public access to the

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parcel described in subsection (b) except to the extent

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necessary to provide for the safety of the public. The

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conditions of this subsection shall be covenants that run with

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the land and shall be binding upon the lessee and its successors

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and assigns.

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(f)  Consideration.--The Department of Conservation and

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Natural Resources shall lease the land as described in

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subsection (b) upon such terms and conditions and for such

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considerations as it shall establish through the lease

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agreements.

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(g)  Costs and fees.--Costs and fees incidental to the lease

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authorized by this section shall be borne by the lessee,

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including the costs incurred by the Department of Conservation

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and Natural Resources in the preparation, execution and review

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of the lease and related documents.

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(h)  Expiration.--In the event that the lease authorized by

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this section is not executed within 18 months following the

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effective date of this section, the authority contained in this

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section shall be void.

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Section 2.  Effective date.

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This act shall take effect immediately.

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