PRIOR PRINTER'S NO. 3811 PRINTER'S NO. 4419
No. 2568 Session of 2006
INTRODUCED BY GEORGE AND SURRA, APRIL 3, 2006
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 2006
AN ACT
1 Authorizing and directing the Department of Conservation and <--
2 Natural Resources, with the approval of the GENERAL SERVICES, <--
3 WITH THE APPROVAL OF THE DEPARTMENT OF CONSERVATION AND
4 NATURAL RESOURCES AND THE Governor, to convey LEASE to Pine <--
5 Township, Clearfield County, a certain tract of land situate
6 in Pine Township, Clearfield County, for a consideration of
7 $1.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Pine Township, Clearfield County.
11 (a) Authorization and description.--The Department of
12 Conservation and Natural Resources GENERAL SERVICES, with the <--
13 approval of the DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES <--
14 AND THE Governor, is hereby authorized and directed on behalf of
15 the Commonwealth of Pennsylvania to grant LEASE and convey to <--
16 Pine Township, Clearfield County, the tract of land bounded and
17 described as follows:
18 All that certain lot, piece or parcel of land situated in the
19 Township of Pine, County of Clearfield, Commonwealth of
1 Pennsylvania, bounded and described as follows:
2 Beginning at a point, said point being a 5/8 inch iron pin
3 with yellow plastic cap, located S 68 degrees 52 minutes 59
4 seconds W, 72.94 feet from United Electric Cooperative power
5 pole no.2, located along the northern side of a certain Bureau
6 of Forestry road, know as the Four Mile Road; thence running
7 along the Four Mile Road, approximately 25 feet from the
8 centerline thereof, N 63 degrees 52 minutes 12 seconds E, 436.88
9 feet to a 5/8 inch iron pin with yellow plastic cap; thence N 20
10 degrees 05 minutes 34 seconds W, 367.49 feet to a 5/8 inch iron
11 pin with yellow plastic cap; thence S 64 degrees 44 minutes 11
12 seconds W, 151.49 feet to a 5/8 inch iron pin with yellow
13 plastic cap; thence S 15 degrees 15 minutes 24 seconds W, 490.15
14 feet to a 5/8 inch iron pin with yellow plastic cap, the place
15 of beginning.
16 Containing 108,051.926 square feet, or 2.481 acres, surveyed,
17 and situated within the confines of a certain original tract of
18 land warranted to James Moore and Daniel Delany, No. 5679.
19 Being a portion of the third described parcel of land as
20 contained in that certain deed from Cyrus Gordon and Mary R. W.
21 Gordon, his wife, to the Commonwealth of Pennsylvania, dated
22 August 4, 1906 and recorded in the Office of the Recorder of
23 Deeds of Clearfield County, Pennsylvania, in Deed Book 159, Page
24 253.
25 (b) Easements.--Conveyance LEASE of the land described in <--
26 subsection (a) shall be made under and subject to all easements,
27 servitudes and rights of others, including, but not confined to,
28 streets, roadways and rights of telephone, telegraph, water,
29 electric, sewer, gas or pipeline companies, as well as under and
30 subject to any interest, estates or tenancies vested in third
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1 persons, whether or not appearing of record, for any portion of <--
2 the land or improvements erected thereon.
3 (c) Restrictions.--The conveyance LEASE shall be under and <--
4 subject to the following conditions, which shall be contained in
5 the deed of conveyance: LEASE: <--
6 (1) THE TERM OF THIS LEASE SHALL BE FOR ONE YEAR AND
7 SHALL BE AUTOMATICALLY RENEWED FROM YEAR TO YEAR THEREAFTER,
8 FOR A PERIOD NOT TO EXCEED 99 YEARS, UNLESS TERMINATED BY
9 EITHER PARTY WITH SIX MONTHS' PRIOR NOTICE OR AS OTHERWISE
10 STATED IN THE LEASE, FOR A CONSIDERATION OF $1 PER YEAR.
11 (2) THE PROPERTY SHALL BE USED FOR TOWNSHIP PURPOSES AND
12 SHOULD PINE TOWNSHIP OR ITS SUCCESSOR IN FUNCTION CEASE SUCH
13 USE, THE LEASE SHALL AUTOMATICALLY BE TERMINATED.
14 (1) (3) The property shall not be used as a municipal <--
15 waste transfer station. Any facilities on the property used
16 as or for township recycling shall be screened from view or
17 incorporated inside a structure on the property.
18 (2) (4) The Department of Conservation and Natural <--
19 Resources, WITH THE CONCURRENCE OF THE DEPARTMENT OF GENERAL <--
20 SERVICES, reserves the right to receive, review and comment
21 on all designs to make improvements to the property. The
22 department DEPARTMENTS shall have a 60-day period for review <--
23 and comment.
24 (3) Should Pine Township at any time in the future <--
25 declare the property surplus to township needs, the property
26 shall be conveyed back to the Commonwealth for the sum of $1,
27 not to include the value of any improvements made, in which
28 case the township will be compensated at fair market value
29 for improvements.
30 (d) Zoning ordinances.--The transfer of property shall be
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1 exempt from applicable subdivision and zoning ordinances.
2 (e) Proceeds.--The proceeds of this sale shall be paid into
3 the General Fund.
4 (D) LAND USE RESTRICTION.--ALL LEASES AUTHORIZED OR REFERRED <--
5 TO UNDER THIS ACT SHALL BE MADE UNDER AND SUBJECT TO THE
6 CONDITION, WHICH SHALL BE CONTAINED IN THE LEASE DOCUMENTS, THAT
7 NO PORTION OF THE PARCELS SHALL BE USED AS A LICENSED FACILITY,
8 AS DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
9 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER THE LAWS OF THIS
10 COMMONWEALTH. THE CONDITION SHALL BE A COVENANT RUNNING WITH THE
11 LAND AND SHALL BE BINDING UPON THE LESSEE AND SUBLESSEES AND
12 THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SHOULD ANY PORTION OF
13 ANY PARCEL AUTHORIZED TO BE LEASED UNDER THIS ACT BE USED IN
14 VIOLATION OF THIS SUBSECTION, THE LEASE SHALL TERMINATE
15 IMMEDIATELY.
16 (f) (E) Execution.--The deed of conveyance LEASE of the <--
17 property described in subsection (a) shall be approved as
18 provided by law and shall be executed by the Secretary of
19 GENERAL SERVICES WITH THE APPROVAL OF THE DEPARTMENT OF <--
20 Conservation and Natural Resources in the name of the
21 Commonwealth of Pennsylvania.
22 (g) Costs.--The parties to the transaction shall bear their <--
23 respective costs.
24 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE LEASE <--
25 IN SECTION 1 SHALL BE BORNE BY PINE TOWNSHIP.
26 Section 2. Effective date.
27 This act shall take effect in 60 days.
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