PRINTER'S NO. 1656
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1235
Session of
2024
INTRODUCED BY ARGALL, HUTCHINSON AND VOGEL, MAY 30, 2024
REFERRED TO STATE GOVERNMENT, MAY 30, 2024
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 the White
Birch Golf Course and Restaurant, certain lands situate in
Rush Township, Schuylkill County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Rush Township, Schuylkill County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Conservation and Natural
Resources and the Governor, is authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey to the White
Birch Golf Course and Restaurant certain lands situate in Rush
Township, Schuylkill County. The purchase price shall be $1. Any
conveyance under this act shall be made under terms and
conditions to be established in an agreement of sale.
(b) Property description.--The lands to be conveyed under
subsection (a) consist of certain State park land located in
Tuscarora State Park in Rush Township, Schuylkill County, having
a length of approximately 500 feet and a width of approximately
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100 feet, together with improvements thereon, used historically
as a customer parking lot for the White Birch Golf Course and
Restaurant and described in Land Use Agreement Number UA-101
made June 13, 1989, by and between the Bureau of State Parks and
the White Birch Golf Course, Inc.
(c) Existing encumbrances.--The conveyance authorized by
this section shall be made under and subject to existing
encroachments, 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.
(d) Condition.---The conveyance authorized by this section
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 shall be used as a licensed facility, as the
term is defined in 4 Pa.C.S. ยง 1103 (relating to definitions),
or any other similar type of facility authorized under State
law. The condition shall be a covenant running with the land and
shall be binding upon the grantee and the heirs and assigns of
the grantee. If the grantee or the heirs or assigns of the
grantee permit any portion of the property authorized to be
conveyed in this section to be used in violation of this
subsection, the title shall immediately revert to and revest in
the grantor.
(e) Easements.--
(1) The Secretary of General Services may retain any
easement from the property to be conveyed in accordance with
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this section as the Secretary of General Services deems
necessary or appropriate.
(2) The Secretary of General Services may grant any
future easement to benefit the property to be conveyed in
accordance with this section, as agreed to between the
property owner and the Department of General Services.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Time for conveyance and alternate disposition.--If the
conveyance authorized by this section is not executed within two
years after the effective date of this subsection, the property
may be disposed of in accordance with section 2405-A of the act
of April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(h) Proceeds.--The proceeds from the conveyance authorized
in this section shall be deposited into a fund under the
jurisdiction of, and as prescribed by, the Department of
Conservation and Natural Resources.
Section 2. Effective date.
This act shall take effect immediately.
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