PRINTER'S NO.  39

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

54

Session of

2009

  

  

INTRODUCED BY PICCOLA, JANUARY 20, 2009

  

  

REFERRED TO STATE GOVERNMENT, JANUARY 20, 2009  

  

  

  

AN ACT

  

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Authorizing the Department of General Services, with the

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approval of the Governor, to grant and convey to Susquehanna

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Township a pedestrian easement through certain lands situate

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in Susquehanna Township, Dauphin 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.  Pedestrian easement in Susquehanna Township, Dauphin

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County.

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(a)  Authorization.--The Department of General Services, with

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

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the Commonwealth of Pennsylvania to grant and convey to

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Susquehanna Township a pedestrian easement over and through

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certain lands situate in Susquehanna Township, Dauphin County,

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for $1.

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(b)  Description.--The easement to be conveyed under

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subsection (b) consists of approximately 6.44-acres bounded and

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more particularly described as follows:

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ALL THAT CERTAIN strip of land located in Susquehanna

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Township, Dauphin County, being 30 feet wide and extending for a

 


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length of approximately 5,381 feet (the "Original Pathway"),

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identified as "Proposed 30' Easement" on the "Construction Plan

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for the Capital Area Greenbelt Northern Corridor, Susquehanna

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Township, Dauphin County, Pennsylvania, June 2003" recorded on

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September 12, 2003, at the Recorder of Deeds of Dauphin County

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at Deed Book 255, Page 2802 (the "Plan"), together with an

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additional strip of land extending 35 feet in a northerly or

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westerly direction from the northern or western boundary (as

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applicable) of the Original Pathway between the centerline

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station 51+00 and centerline station 85+00, as such centerline

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stations are depicted on the Plan.

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CONTAINING approximately 6.44-acres.

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(c)  Easements.--The conveyance shall be made under and

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subject to all lawful and enforceable easements, servitudes and

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rights of others, including, but not limited to, streets,

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roadways and rights of any telephone, telegraph, water,

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electric, gas or pipeline companies, as well as under and

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subject to any lawful and enforceable estates or tenancies

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vested in third persons appearing of record, for any portion of

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the land or improvements erected thereon.

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(d)  Deed.--The deed of easement shall be executed by the

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Secretary of General Services in the name of the Commonwealth of

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Pennsylvania.

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(e)  Permanent restriction.--The deed of easement shall

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contain a permanent restriction specifically limiting the use of

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the pedestrian easement by the grantee for the Capital Area

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Greenbelt. If the easement area ceases being utilized for the

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Capital Area Greenbelt, the easement shall immediately

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extinguish and all property rights shall revert to the

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Commonwealth. The restriction shall be in form and substance

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approved by the Department of General Services and shall be

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included in the deed of easement.

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(f)  Costs and fees.--Costs and fees incidental to this

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conveyance shall be borne by the grantee.

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(g)  Expiration.--In the event that this conveyance is not

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executed within 12 months of the effective date of this section,

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the authority contained in this section shall expire.

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Section 2.  This act shall take effect immediately.

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