PRIOR PRINTER'S NOS. 1424, 2198, 2346         PRINTER'S NO. 2470

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1219 Session of 1995


        INTRODUCED BY CORMAN, SEPTEMBER 20, 1995

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 26, 1996

                                     AN ACT

     1  Authorizing the Pennsylvania Fish and Boat Commission to convey
     2     a portion of a Project 70 tract of land in Porter Township,
     3     Clinton County, under certain conditions to the Township of
     4     Porter, a municipal corporation of the Commonwealth of
     5     Pennsylvania; and authorizing Harrison Township, Allegheny     <--
     6     County, to exchange land.; AND AUTHORIZING THE DEPARTMENT OF   <--
     7     GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
     8     SECRETARY OF CONSERVATION AND NATURAL RESOURCES, TO SELL AND
     9     CONVEY TO WAYNE S. OLDHAM CERTAIN EXCESS LAND SITUATE IN THE
    10     TOWNSHIP OF RICHLAND, CAMBRIA COUNTY.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13  Section 1.  Authorization.                                        <--
    14     Under the requirements of section 20(b) of the act of June
    15     SECTION 1.  (A)  UNDER THE REQUIREMENTS OF SECTION 20(B) OF    <--
    16  THE ACT OF JUNE 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
    17  Project 70 Land Acquisition and Borrowing Act, the General
    18  Assembly hereby authorizes the Pennsylvania Fish and Boat
    19  Commission to convey a portion of its Cedar Springs Fish Culture
    20  Station located in the Township of Porter, County of Clinton, to
    21  the Township of Porter for inclusion into the right-of-way of


     1  Porter Township Road No. 321 of the township roadway system
     2  allowing for the continued use and enjoyment of the public at
     3  large.
     4  Section 2.  Freedom of restrictions.                              <--
     5     The Pennsylvania Fish and Boat Commission is authorized to
     6     (B)  THE PENNSYLVANIA FISH AND BOAT COMMISSION IS AUTHORIZED   <--
     7  TO convey a portion of its Cedar Springs Fish Culture Station
     8  being approximately 0.09 acres, lying adjacent to the right-of-
     9  way of Porter Township Road No. 321 from the Commonwealth of
    10  Pennsylvania for use of the Pennsylvania Fish and Boat
    11  Commission to the Township of Porter free of the restrictions on
    12  use and alienation prescribed by the act of June 22, 1964
    13  (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
    14  Acquisition and Borrowing Act, provided the conveyance shall be
    15  subject to all easements of record and the following conditions:
    16         (1)  If, at any time, Porter Township shall abandon the
    17     herein described property or restrict its use in any way that
    18     it is not open to free public use and enjoyment, the said
    19     property shall revert to the ownership of the Commonwealth of
    20     Pennsylvania for use by the Pennsylvania Fish and Boat
    21     Commission.
    22         (2)  The Pennsylvania Fish and Boat Commission shall
    23     retain at all times the unrestricted right of ingress, egress
    24     and regress over the said property.
    25  Section 3.  Execution.                                            <--
    26     The deed of conveyance from the Pennsylvania Fish and Boat
    27     (C)  THE DEED OF CONVEYANCE FROM THE PENNSYLVANIA FISH AND     <--
    28  BOAT Commission to the Township of Porter shall be executed by
    29  the Executive Director of the Pennsylvania Fish and Boat
    30  Commission in the name of the Commonwealth of Pennsylvania for
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     1  use by the Pennsylvania Fish and Boat Commission and shall be
     2  approved for legality and form by the Chief Counsel of the
     3  Pennsylvania Fish and Boat Commission and the Office of Attorney
     4  General.
     5  Section 4.  Description of premises to be conveyed.               <--
     6     The portion of the Pennsylvania Fish and Boat Commission's
     7     (D)  THE PORTION OF THE PENNSYLVANIA FISH AND BOAT             <--
     8  COMMISSION'S Cedar Springs Fish Culture Station to be conveyed
     9  under this act is described as - all that land situated adjacent
    10  to the right-of-way of Porter Township Road No. 321 in Porter
    11  Township, Clinton County, Commonwealth of Pennsylvania, further
    12  described as:
    13     Being all that area defined by the widening of the right-of-
    14  way of the said township road from 16.5 feet from centerline to
    15  25 feet from centerline beginning at the intersection of the
    16  said township road and State Route 2018 and extending in a
    17  westerly direction from the said intersection approximately 225
    18  feet on the south of township road centerline (upstream side of
    19  road) and approximately 184 feet on the north of the township
    20  road centerline; and
    21     Also including all that area along the aforementioned area
    22  south of the said township road at its intersection with State
    23  Route 2018 required for the development of a 35-foot turning
    24  radius joining the cartway of the said State Route and Township
    25  Road; and
    26     Further including a drainage swale area being all that area
    27  north of the said Township Road at its intersection with the
    28  State Route having an approximate width of 10 feet along the
    29  State Route right-of-way to a 0 width at approximately 75 feet
    30  from the said intersection running along the aforementioned
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     1  right-of-way line to the north of the said Township Road.
     2     Containing approximately 0.09 acres.
     3     Section 5.  Harrison Township exchange.--Under the             <--
     4  requirements of section 20(b) of the act of June 22, 1964
     5  (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
     6  Acquisition and Borrowing Act, the General Assembly hereby
     7  authorizes Harrison Township, Allegheny County, to exchange all
     8  or a portion of property, recorded September 17, 1968, in the
     9  Recorder's Office of Allegheny County in deed book volume 4605,
    10  page 637, for property equal or greater in size with an
    11  adjoining landowner.
    12     SECTION 2.  (A)  THE DEPARTMENT OF GENERAL SERVICES, WITH THE  <--
    13  APPROVAL OF THE GOVERNOR AND THE SECRETARY OF CONSERVATION AND
    14  NATURAL RESOURCES, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF
    15  OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT, SELL AND CONVEY TO
    16  WAYNE S. OLDHAM FOR CONSIDERATION EQUAL TO THE FAIR MARKET VALUE
    17  AS DETERMINED BY APPRAISAL BY THE DEPARTMENT OF GENERAL SERVICES
    18  THE TRACT OF LAND DESCRIBED IN SUBSECTION (B).
    19     (B)  THE PROPERTY TO BE CONVEYED PURSUANT TO THIS SECTION IS
    20  THE FOLLOWING TRACT OF LAND SITUATE IN THE TOWNSHIP OF RICHLAND,
    21  CAMBRIA COUNTY, BOUNDED AND DESCRIBED AS FOLLOWS:
    22     BEGINNING AT AN IRON PIN CORNER, COMMON TO LANDS HEREIN
    23  DESCRIBED AND LANDS OF LEWIS H. WEAVER; THENCE BY LANDS HEREIN
    24  DESCRIBED AND LANDS OF LEWIS H. WEAVER NORTH 46 DEGREES 26
    25  MINUTES WEST 118.03 FEET TO A CORNER; THENCE BY LANDS HEREIN
    26  DESCRIBED AND OTHER LANDS OF THE GRANTOR HEREIN THE FOLLOWING
    27  TWO (2) COURSES AND DISTANCES; (1)  NORTH 47 DEGREES 39 MINUTES
    28  EAST 370 FEET TO A CORNER; (2)  SOUTH 46 DEGREES 26 MINUTES EAST
    29  118.03 FEET TO A CORNER, SAID CORNER BEING SOUTH 47 DEGREES 39
    30  MINUTES WEST FROM A STAKE SET AT A CORNER COMMON TO OTHER LANDS
    19950S1219B2470                  - 4 -

     1  OF THE GRANTOR HEREIN, LANDS OF GEORGE KLEBAN AND LANDS OF LEWIS
     2  H. WEAVER; THENCE BY LANDS HEREIN DESCRIBED AND LANDS OF LEWIS
     3  H. WEAVER SOUTH 47 DEGREES 39 MINUTES WEST 370 FEET TO AN IRON
     4  PIN CORNER, THE PLACE OF BEGINNING.
     5     CONTAINING 1.00 ACRE OF LAND, MORE OR LESS.
     6     (C)  THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
     7  EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
     8  CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
     9  TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS
    10  WELL AS UNDER THE SUBJECT TO ANY INTEREST, ESTATES OR TENANCIES
    11  VESTED IN THIRD PERSONS, WHETHER OR NOT APPEARING OF RECORD, FOR
    12  ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
    13     (D)  THE PROCEEDS OF THIS SALE SHALL BE PAID INTO THE STATE
    14  TREASURY AND DEPOSITED IN THE GENERAL FUND.
    15     (E)  THE DEED OF CONVEYANCE SHALL BE APPROVED AS PROVIDED BY
    16  LAW AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES
    17  IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
    18     (F)  COSTS AND FEES INCIDENTAL TO THE CONVEYANCE SHALL BE
    19  BORNE BY THE GRANTEE.
    20  Section 6 3.  Effective date.                                     <--
    21     This act shall take effect immediately.






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