Pennsylvania Act 2007-62 — DEPARTMENT OF GENERAL SERVICES - LEASE OF LAND IN PINE TOWNSHIP, CLEARFIELD COUNTY

Act text

DEPARTMENT OF GENERAL SERVICES - LEASE OF LAND IN PINE TOWNSHIP,
                            CLEARFIELD COUNTY
                  Act of Nov. 20, 2007, P.L. 424, No. 62              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Department of Conservation and
        Natural Resources and the Governor, to lease to Pine
        Township, Clearfield County, a certain tract of land situate
        in Pine Township, Clearfield County, for a consideration of
        $1.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Pine Township, Clearfield County.
        (a)  Authorization and description.--The Department of
     General Services, with the approval of the Department of
     Conservation and Natural Resources and the Governor, is hereby
     authorized and directed on behalf of the Commonwealth of
     Pennsylvania to lease to Pine Township, Clearfield County, the
     tract of land bounded and described as follows:
        All that certain lot, piece or parcel of land situated in the
     Township of Pine, County of Clearfield, Commonwealth of
     Pennsylvania, bounded and described as follows:
        Beginning at a point, said point being a 5/8 inch iron pin
     with yellow plastic cap, located S 68 degrees 52 minutes 59
     seconds W, 72.94 feet from United Electric Cooperative power
     pole no.2, located along the northern side of a certain Bureau
     of Forestry road, know as the Four Mile Road; thence running
     along the Four Mile Road, approximately 25 feet from the
     centerline thereof, N 63 degrees 52 minutes 12 seconds E, 436.88
     feet to a 5/8 inch iron pin with yellow plastic cap; thence N 20
     degrees 05 minutes 34 seconds W, 367.49 feet to a 5/8 inch iron
     pin with yellow plastic cap; thence S 64 degrees 44 minutes 11
     seconds W, 151.49 feet to a 5/8 inch iron pin with yellow
     plastic cap; thence S 15 degrees 15 minutes 24 seconds W, 490.15
     feet to a 5/8 inch iron pin with yellow plastic cap, the place
     of beginning.
        Containing 108,051.926 square feet, or 2.481 acres, surveyed,
     and situated within the confines of a certain original tract of
     land warranted to James Moore and Daniel Delany, No. 5679.
        Being a portion of the third described parcel of land as
     contained in that certain deed from Cyrus Gordon and Mary R. W.
     Gordon, his wife, to the Commonwealth of Pennsylvania, dated
     August 4, 1906 and recorded in the Office of the Recorder of
     Deeds of Clearfield County, Pennsylvania, in Deed Book 159, Page
     253.
        (b)  Easements.--Lease of the land described in subsection
     (a) shall be made under and subject to all easements, servitudes
     and rights of others, including, but not confined to, streets,
     roadways and rights of telephone, telegraph, water, electric,
     sewer, gas or pipeline companies, as well as under and subject
     to any interest, estates or tenancies vested in third persons
     appearing of record, for any portion of the land or improvements
     erected thereon.
        (c)  Restrictions.--The lease shall be under and subject to
     the following conditions, which shall be contained in the lease:
            (1)  The term of the lease shall be for one year and
        shall be automatically renewed from year to year thereafter,
        for a period not to exceed 99 years, unless terminated by
        either party with six months' prior notice or as otherwise
        stated in the lease, for a consideration of $1 per year.
            (2)  The property shall be used for township purposes and
        should Pine Township or its successor in function cease such
        use, the lease shall automatically be terminated.
            (3)  The property shall not be used as a municipal waste
        transfer station. Any facilities on the property used as or
        for township recycling shall be screened from view or
        incorporated inside a structure on the property.
            (4)  The Department of Conservation and Natural
        Resources, with the concurrence of the Department of General
        Services, reserves the right to receive, review and comment
        on all designs to make improvements to the property. The
        departments shall have a 60-day period for review and
        comment.
        (d)  Land use restriction.--All leases authorized or referred
     to under this act shall be made under and subject to the
     condition, which shall be contained in the lease documents, that
     no portion of the parcels 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 the laws of this
     Commonwealth. The condition shall be a covenant running with the
     land and shall be binding upon the lessee and sublessees and
     their respective successors and assigns. Should any portion of
     any parcel authorized to be leased under this act be used in
     violation of this subsection, the lease shall terminate
     immediately.
        (e)  Execution.--The lease of the property described in
     subsection (a) shall be approved as provided by law and shall be
     executed by the Secretary of General Services with the approval
     of the Department of Conservation and Natural Resources in the
     name of the Commonwealth of Pennsylvania.
        (f)  Costs and fees.--Costs and fees incidental to the lease
     in this section shall be borne by Pine Township.
     Section 2.  Effective date.
        This act shall take effect in 60 days.