PRINTER'S NO. 2872

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2045

Session of

2019

INTRODUCED BY DOWLING, ROTHMAN, RYAN, JOZWIAK, READSHAW AND

DUNBAR, NOVEMBER 14, 2019

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

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. Authorization to convey property.

The Department of Conservation and Natural Resources, with

the approval of the Governor, is hereby authorized on behalf of

the Commonwealth of Pennsylvania to grant and convey to Ohiopyle

Borough, Fayette County, free of restrictions on use and

Section 2. Conveyance of property to Ohiopyle Borough.

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 situated 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

to the place of Beginning.

CONTAINING 2.65 acres more or less.

Section 3. Authorization to receive property.

The Department of Conservation and Natural Resources, with

the approval of the Governor, is hereby authorized on behalf of

the Commonwealth of Pennsylvania to receive from Ohiopyle

Borough, Fayette County, certain lands situate in Ohiopyle

Borough, Fayette County, as described in section 4 in exchange

for the property as described in section 2 to be conveyed to

Ohiopyle Borough in accordance with section 1.

except the sewage treatment plant and facilities required for

its operation; said sewage treatment plant and its appurtenances

are subject to an agreement between Ohiopyle Borough, Fayette

County, and the Department of Conservation and Natural

Resources, bounded and more particularly described in that

certain deed dated May 11, 1967, and recorded in Fayette County

Deed Book 1043, Page 701:

ALL THAT CERTAIN parcel of land situated in the Borough of

Ohiopyle, Fayette County, Pennsylvania, bounded on the South

by Meadow Run, on the East by a public highway known as

The Chester Engineering dated August, 1965, attached to and

made part of a deed from West Penn Power Company to Borough

of Ohiopyle.

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

The following restrictive covenants shall apply to the

Project 70 Land Acquisition and Borrowing Act, the General

Assembly hereby authorizes the release of Project 70

restrictions on land owned by the Commonwealth, acting by and

through the Department of Conservation and Natural Resources,

which is more particularly described in section 2, in

exchange for the imposition of Project 70 restrictions on the

land, which is more particularly described in section 3 with

the following deed clause:

conservation purposes in accordance with the provisions of

the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as

of facility authorized under State law. The condition shall

be a covenant running with the land and shall be binding upon

Ohiopyle Borough, Fayette County, its successors and assigns.

Should Ohiopyle Borough, Fayette County, its successors or

assigns, permit any portion of the property authorized to be

conveyed to Ohiopyle Borough, Fayette County, in this act to

be used in violation of this paragraph, the title shall

immediately revert to and revest in the Commonwealth of

Pennsylvania.

The deeds for the conveyance of the property referenced in