No. 1235
Session of
1 Authorizing the Department of General Services, with the
2 approval of the Department of Conservation and Natural
3 Resources and the Governor, to grant and convey to the White
4 Birch Golf Course and Restaurant, certain lands situate in
5 Rush Township, Schuylkill County.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Conveyance in Rush Township, Schuylkill County.
9 (a) Authorization.--The Department of General Services, with
10 the approval of the Department of Conservation and Natural
11 Resources and the Governor, is authorized on behalf of the
12 Commonwealth of Pennsylvania to grant and convey to the White
13 Birch Golf Course and Restaurant certain lands situate in Rush
14 Township, Schuylkill County. The purchase price shall be $1. Any
15 conveyance under this act shall be made under terms and
16 conditions to be established in an agreement of sale.
17 (b) Property description.--The lands to be conveyed under
18 subsection (a) consist of certain State park land located in
19 Tuscarora State Park in Rush Township, Schuylkill County, having
20 a length of approximately 500 feet and a width of approximately
1 100 feet, together with improvements thereon, used historically
2 as a customer parking lot for the White Birch Golf Course and
3 Restaurant and described in Land Use Agreement Number UA-101
4 made June 13, 1989, by and between the Bureau of State Parks and
5 the White Birch Golf Course, Inc.
6 (c) Existing encumbrances.--The conveyance authorized by
7 this section shall be made under and subject to existing
8 encroachments, all lawful and enforceable easements, servitudes
9 and rights of others, including, but not confined to, streets,
10 roadways and rights of any telephone, telegraph, water,
11 electric, gas or pipeline companies, as well as under and
12 subject to any lawful and enforceable estates or tenancies
13 vested in third persons appearing of record, for any portion of
14 the land or improvements erected thereon.
15 (d) Condition.---The conveyance authorized by this section
16 shall be made under and subject to the condition, which shall be
17 contained in the deed of conveyance, that no portion of the
18 property conveyed shall be used as a licensed facility, as the
19 term is defined in 4 Pa.C.S. ยง 1103 (relating to definitions),
20 or any other similar type of facility authorized under State
21 law. The condition shall be a covenant running with the land and
22 shall be binding upon the grantee and the heirs and assigns of
23 the grantee. If the grantee or the heirs or assigns of the
24 grantee permit any portion of the property authorized to be
25 conveyed in this section to be used in violation of this
26 subsection, the title shall immediately revert to and revest in
27 the grantor.
28 (e) Easements.--
29 (1) The Secretary of General Services may retain any
30 easement from the property to be conveyed in accordance with
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1 this section as the Secretary of General Services deems
2 necessary or appropriate.
3 (2) The Secretary of General Services may grant any
4 future easement to benefit the property to be conveyed in
5 accordance with this section, as agreed to between the
6 property owner and the Department of General Services.
7 (f) Costs and fees.--Costs and fees incidental to this
8 conveyance shall be borne by the grantee.
9 (g) Time for conveyance and alternate disposition.--If the
10 conveyance authorized by this section is not executed within two
11 years after the effective date of this subsection, the property
12 may be disposed of in accordance with section 2405-A of the act
13 of April 9, 1929 (P.L.177, No.175), known as The Administrative
14 Code of 1929.
15 (h) Proceeds.--The proceeds from the conveyance authorized
16 in this section shall be deposited into a fund under the
17 jurisdiction of, and as prescribed by, the Department of
18 Conservation and Natural Resources.
19 Section 2. Effective date.
20 This act shall take effect immediately.
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