2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 60 - CONVEYANCE - COMMONWEALTH PROPERTY IN OHIOPYLE BOROUGH, FAYETTE COUNTY
An Act
Authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to Ohiopyle Borough, Fayette County, certain lands situate in Ohiopyle Borough, Fayette County, in exchange for Ohiopyle Borough 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. Authorization to convey property.
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 Ohiopyle Borough, Fayette County, free of restrictions on use and alienation imposed by section 20(b) 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 Ohiopyle Borough, Fayette County, in exchange for that certain property to be conveyed to the Commonwealth of Pennsylvania in accordance with section 3.
Section 2. Conveyance of property to Ohiopyle Borough.
The property to be conveyed in accordance with section 1 consists of one tract of land totaling approximately 2.65 acres and improvements thereon, bounded and more particularly described as follows:
ALL THAT CERTAIN tract of land situated in the Borough of Ohiopyle, County of Fayette, Commonwealth of Pennsylvania.
BEGINNING at Found Rebar & Cap S 52 degrees, 23 minutes, 42 seconds West 166.64 feet, thence S 43 degrees, 58 minutes, 40 seconds East 262.44 feet, thence S 47 degrees, 18 minutes, 52 seconds West 224.94 feet, thence N 44 degrees, 12 minutes, 20 seconds West 144.96 feet, thence along the same 10.5 feet, thence S 46 degrees, 18 minutes, 49 seconds West 50.00 feet, thence S 44 degrees, 09 minutes, 33 seconds East 258.03 feet, thence N 50 degrees, 16 minutes, 07 seconds East 496.84 feet, thence N 52 degrees, 04 minutes, 10 seconds West 392.39 feet to the place of Beginning.
CONTAINING 2.65 acres more or less.
Section 3. Authorization to receive property.
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 Ohiopyle Borough, Fayette County, certain lands situate in Ohiopyle Borough, Fayette County, as described in section 4 in exchange for the property as described in section 2 to be conveyed to Ohiopyle Borough in accordance with section 1.
Section 4. Conveyance of property to the Commonwealth of Pennsylvania, acting by and through the Department of Conservation and Natural Resources.
The property to be conveyed in accordance with section 3 consists of approximately 2.65 acres and improvements thereon, except the sewage treatment plant and facilities required for its operation; said sewage treatment plant and its appurtenances are subject to an agreement between Ohiopyle Borough, Fayette County, and the Department of Conservation and Natural Resources, bounded and more particularly described in that certain deed dated May 11, 1967, and recorded in Fayette County Deed Book 1043, Page 701:
ALL THAT CERTAIN parcel of land situated in the Borough of Ohiopyle, Fayette County, Pennsylvania, bounded on the South by Meadow Run, on the East by a public highway known as Travel Route 381, for a distance of 900 feet northwardly from Meadow Run, on the North by a line extending to the Youghiogheny River having a bearing of North 85° 52' 30" West and on the West by the east bank of the Youghiogheny River in a southerly direction to Meadow Run. Containing 2.65 acres and being the area outlined in red on a drawing prepared by The Chester Engineering dated August, 1965, attached to and made part of a deed from West Penn Power Company to Borough of Ohiopyle.
Section 5. Easements and encumbrances.
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 6. Restrictive covenants.
The following restrictive covenants shall apply to the conveyances authorized by this act:
(1) Under the requirements of section 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act, the General Assembly hereby authorizes the release of Project 70 restrictions on land owned by the Commonwealth, acting by and through the Department of Conservation and Natural Resources, which is more particularly described in section 2, in exchange for the imposition of Project 70 restrictions on the land, which is more particularly described in section 3 with the following deed clause:
This land to be used for park, recreation, and conservation purposes in accordance with the provisions of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act.
(2) The conveyance authorized under section 1 shall be made under and subject to the condition that no portion of the property conveyed to Ohiopyle Borough, Fayette County, 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 Ohiopyle Borough, Fayette County, its successors and assigns. Should Ohiopyle Borough, Fayette County, its successors or assigns, permit any portion of the property authorized to be conveyed to Ohiopyle Borough, Fayette County, in this act to be used in violation of this paragraph, the title shall immediately revert to and revest in the Commonwealth of Pennsylvania.
(3) The conveyance authorized under section 1 shall be made under and subject to residential use only restrictions.
Section 7. Deeds.
The deeds for the conveyance of the property referenced in sections 1 and 3 shall be by special warranty deed.
Section 8. Costs and fees.
All costs and fees incidental to the conveyances contained in this act shall be borne by their respective parties.
Section 9. Effective date.
This act shall take effect immediately.
