THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

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.

(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

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.