THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHONEY, KULA, BRENNAN, D. COSTA, FLECK, GEORGE, GOODMAN, GROVE, KORTZ, KOTIK, MANDERINO, MILLARD, MURT, PASHINSKI, PHILLIPS, PRESTON, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH AND YOUNGBLOOD, MARCH 22, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 22, 2010  

AN ACT

Authorizing the Department of Conservation and Natural

Resources, with the approval of the Governor, to grant and

convey to Stewart Township and Fayette County, separately,

certain lands situate in Stewart Township, Fayette County, in

exchange for Stewart Township and Fayette County, separately,

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.  Township conveyance in Stewart Township, Fayette

County.

(a)  Authorization.--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 Stewart Township, free of restrictions on

use and alienation imposed by section 20 of the act of June 22,

1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land

Acquisition and Borrowing Act, certain lands situate in Stewart

Township, Fayette County, in exchange for that certain property

to be conveyed to the Commonwealth of Pennsylvania in accordance

with subsection (c).

(b)  Description of property conveyed to Stewart Township.--

The property to be conveyed in accordance with subsection (a)

consists of approximately 0.57 acres, located in Stewart

Township, Fayette County, Commonwealth of Pennsylvania, being

the Total Required Right-of-Way Area for the relocation of

Township Road T-799 as indicated on the Right-of-Way plans for

Meadow Run Road recorded on August 11, 2005, in the Fayette

County Recorder of Deeds Office in Plan Book 14, Page 96.

(c)  Property conveyed to Commonwealth.--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 Stewart Township certain lands

situate in Stewart Township, Fayette County, in exchange for

that property to be conveyed to the township in accordance with

subsection (a).

(d)  Description of property conveyed to Commonwealth.--The

property to be conveyed in accordance with subsection (c)

consists of approximately 0.57 acres, located in Stewart

Township, Fayette County, Commonwealth of Pennsylvania, being

the Total Area to be Vacated for the relocation of Township Road

T-799 as indicated on the Right-of-Way Plans for Meadow Run Road

recorded on August 11, 2005, in the Fayette County Recorder of

Deeds Office in Plan Book 14, Page 96.

Section 2.  County conveyance in Stewart Township, Fayette

County.

(a)  Authorization.--The Department of Conservation and

Natural Resources, with the approval of the Governor, is hereby

authorized and directed on behalf of the Commonwealth of

Pennsylvania to convey to Fayette County a certain tract of land

described in subsection (b).

(b)  Description of property conveyed to Fayette County.--The

property to be conveyed in accordance with subsection (a)

consists of approximately 0.27 acres, located in Stewart

Township, Fayette County, Commonwealth of Pennsylvania, being

the Total Required Right-of-Way area for the relocation of

County Bridge No. 82 as indicated on the Right-of-Way Plans for

Meadow Run Road recorded on August 11, 2005, in the Fayette

County Recorder of Deeds Office in Plan Book 14, Page 96.

(c)  Property conveyed to Commonwealth.--The conveyance

authorized in subsection (a) shall be in exchange for conveyance

of a certain tract of land to be vacated by Fayette County to

the Commonwealth as described in subsection (d).

(d)  Description of property conveyed to Commonwealth.--The

property to be conveyed by vacation ordinance consists of

approximately 0.001 acres, located in Stewart Township, Fayette

County, Commonwealth of Pennsylvania, being the Total Area to be

Vacated for the relocation of County Bridge No. 82 as indicated

on the Right-of-Way Plans for Meadow Run Road recorded on August

11, 2005, in the Fayette County Recorder of Deeds Office in Plan

Book 14, Page 96.

Section 3.  Drainage easement.

Stewart Township shall reserve a drainage easement consisting

of an area recorded in survey book No. 797 and the Right-of-Way

Plans, approved June 20, 2005, for Stewart Township, which will

allow Stewart Township to enter the property of the Commonwealth

of Pennsylvania, as necessary, to construct or alter the course

of the drainage and to make such future, reasonable entries as

necessary to maintain or reconstruct the drainage facility for

the protection of the highway. It shall not prevent the grantee

from making any use of the area which is not detrimental to the

necessary flow of water. However, no structure of any kind may

be erected in the designated area, nor may any pipe or ditch be

connected to Stewart Township's pipe or ditch without advanced

approval by Fayette County.

Section 4.  Conditions of conveyance.

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

tenancies vested in third persons appearing of record, for any

portion of the land or improvements erected thereon.

Section 5.  Restrictive covenants.

(a)  Project 70 restriction.--The Department of Conservation

and Natural Resources, with the approval of the Department of

General Services, shall impose and record Project 70

restrictions on the property to be conveyed in accordance with

section 1(c).

(b)  Gaming restriction.--Any conveyance authorized under

section 1 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 to Stewart Township shall be

used as a licensed facility, as defined in 4 Pa.C.S. § 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 Stewart

Township, its successors and assigns. Should Stewart Township,

its successors or assigns, permit any portion of the property

authorized to be conveyed to the township in this act to be used

in violation of this subsection, the title shall immediately

revert to and revest in the Commonwealth.

Section 6.  Deeds.

The deed for the conveyance of the property in accordance

with sections 1(a) and (c) and 2(a) and (c) shall be by Special

Warranty Deed and shall be executed by the Secretary of

Conservation and Natural Resources in the name of the

Commonwealth of Pennsylvania.

Section 7.  Costs and fees.

All costs and fees incidental to the conveyances contained in

this act shall be borne by Stewart Township.

Section 8.  Time period for conveyances.

In the event that these conveyances are not executed within

12 months of the effective date of this section, the

authorization contained in this act shall become null and void.

Section 9.  Effective date.

This act shall take effect immediately.