PRIOR PRINTER'S NO. 2518 PRINTER'S NO. 2906
No. 1926 Session of 2003
INTRODUCED BY PICKETT, AUGUST 15, 2003
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2003
AN ACT
1 Authorizing the Department of Transportation to convey to
2 Elkland Township a tract of land situate in Elkland Township,
3 Sullivan County, Pennsylvania.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Elkland Township, Sullivan County.
7 (a) Authorization and description.--The Department of
8 Transportation, with the approval of the Governor, is hereby
9 authorized on behalf of the Commonwealth of Pennsylvania to
10 grant and convey to Elkland Township the following tract of land
11 situate in Elkland Township, Sullivan County, Pennsylvania, for
12 consideration in the amount of $1,000:
13 Beginning at a point in the highway leading from Eldredsville
14 to Muncy on the western side thereof; thence nearly west along a
15 road leading to Canton sixteen (16) perches; then turning a
16 square corner and running nearly south twenty (20) perches
17 parallel to the highway; thence turning a square corner and
1 running nearly east sixteen (16) perches to the highway; thence
2 turning a square corner and running nearly north along the
3 highway twenty (20) perches to the place of beginning.
4 Containing two acres, strict measure.
5 (b) Easements and interests.--The conveyance shall be made
6 under and subject to all easements, servitudes and rights of
7 others, including, but not confined to, streets, roadways and
8 rights of any telephone, telegraph, water, electric, sewer, gas
9 or pipeline companies, as well as under and subject to any
10 interest, estates or tenancies vested in third persons, whether
11 or not appearing of record, for any portion of the land or
12 improvements erected thereon.
13 (c) Restriction.--The deed of conveyance shall contain a
14 clause that the property conveyed shall be used for parkland,
15 community and related purposes by Elkland Township, and if at
16 any time Elkland Township or its successor in function conveys
17 the property, fails to ensure the preservation of the historic
18 or archaeological resources or permits the property to be used
19 for any purpose other than those specified in this section, the
20 title to the property shall immediately revert to and revest in
21 the Commonwealth of Pennsylvania.
22 (d) Execution.--The deed of conveyance shall be approved as
23 provided by law and shall be executed by the Secretary of
24 Transportation in the name of the Commonwealth of Pennsylvania.
25 (e) Agreement of sale.--The deed of conveyance shall be made
26 pursuant to an agreement of sale that shall contain a clause
27 that Elkland Township releases and forever discharges the
28 Commonwealth of Pennsylvania, and any and all of its agencies,
29 including, but not limited to, the Department of Transportation,
30 and any and all predecessor and successor agencies, and any and
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1 all Commonwealth agents, servants, employees, officers,
2 officials, and assigns and any other persons, from any causes of
3 action, suits, judgments, damages, costs, claims, demands or
4 consequential damages of any kind, in law or in equity,
5 including, but not limited to, any liability arising by reason
6 of salt contamination to the water supply on the property, which
7 contamination Elkland Township hereby recognizes. The agreement
8 of sale shall also contain a clause granting the Commonwealth of
9 Pennsylvania, Department of Transportation, the right to
10 continue occupying the property with the monitoring wells now
11 located on the property for as long as deemed necessary by the
12 department and a right to enter the property for purposes of
13 monitoring the salt contamination through the existing
14 monitoring wells. Both of these clauses shall survive the
15 conveyance of the property.
16 (f) Costs.--Costs and fees incidental to this conveyance
17 shall be borne by the grantee.
18 Section 2. Effective date.
19 This act shall take effect in 60 days IMMEDIATELY. <--
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