SB 467 — An Act authorizing the release of Project 70 restrictions on certain lands owned by the Pennsylvania Turnpike Commission, formerly owned by the Borough of West Mifflin Allegheny County, in exchange for the imposition of Project 70 restrictions on other land owned by the Borough of West Mifflin.

PRIOR PRINTER'S NO.

420 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1057467 THE2025 GENERALINTRODUCED ASSEMBLYBY OFPISCIOTTANO, PENNSYLVANIAMARCH SENATE18, BILL2025 SessionREFERRED TO STATE GOVERNMENT, MARCH 18, 2025 AN ACT Authorizing the release of No.Project 70 restrictions on certain lands owned by the Pennsylvania Turnpike Commission, formerly owned by the Borough of West Mifflin, Allegheny County, in exchange for the imposition of Project 70 restrictions on other land owned by the Borough of West Mifflin.

467 2025 INTRODUCED BY PISCIOTTANO, MARCH 18, 2025 AS AMENDED ON THIRD CONSIDERATION, JULY 16, 2025 AN ACT Authorizing the release of Project 70 restrictions on certain owned by the Borough of West Mifflin, Allegheny County, inrly exchange for the imposition of Project 70 restrictions on other land owned by the Borough of West Mifflin.;

AND <-- AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH NOTICE TO THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, TO GRANT AND CONVEY TO THE WHITE BIRCH GOLF COURSE AND RESTAURANT CERTAIN LANDS SITUATE IN RUSH TOWNSHIP, SCHUYLKILL COUNTY.

By a curve to the left having a radius of 400.00 feet, an 20250SB0467PN1057 - 2 - arc length of 113.93 feet, and a chord bearing of North 73º 43' 23" West, a chord distance of 113.55 feet to a point being located 472 feet, more or less, right of and opposite SR 0043 20250SB0467PN0420 - 2 - Survey and Right-of-Way Baseline Station 1898+05±;

Thence through the lands now or formerly of the Borough 20250SB0467PN1057 - 3 - of West Mifflin, the following seven (7) courses and distances:

North 00º 12' 48" West, distance of 175.68 feet to a point being located 255.00 feet left of and opposite SR 0043 20250SB0467PN0420 - 3 - Survey and Right-of-Way Baseline Station 1890+00.00;

Thence through the lands now or formerly of the Borough 20250SB0467PN1057 - 4 - of West Mifflin, the following four (4) courses and distances:

South 13º 09' 43" West, a distance of 4.35 feet to a point being located 350.00 feet right of and opposite SR 0043 20250SB0467PN0420 - 4 - Survey and Right-of-Way Baseline Station 1908+85.00;

North 13º 09' 43" East, a distance of 4.35 feet to a 20250SB0467PN1057 - 5 - point on the line dividing lands now or formerly of the Borough of West Mifflin and lands now or formerly of Riverlift Industries, Inc., said point being located 346 feet, more or 20250SB0467PN0420 - 5 - less, right of and opposite SR 0043 Survey and Right-of-Way Baseline Station 1908+87±;

Thence along said dividing line, South 51º 12' 04" West, distance of 102.21 feet to a point on the northerly right-of-way 20250SB0467PN1057 - 6 - line of Curry Hollow Road;

20250SB0467PN0420 - 6 - a.

Kusko, said point being located 351 feet, 20250SB0467PN1057 - 7 - more or less, left of and opposite SR 0043 Survey and Right-of- Way Baseline Station 1987+20±;

Thence along said dividing line, South 52º 44' 21" East, 20250SB0467PN0420 - 7 - a distance of 511.10 feet to a point on the line dividing the lands;

20250SB0467PN1057 - 8 - CONTAINING 3.212 Acres.

BEING a portion of the same property which the Duquesne Light Company, a corporation, by deed dated May 10, 1967 and recorded 20250SB0467PN0420 - 8 - May 12, 1967, in the Department of Real Estate Office of and for Allegheny County, Pennsylvania, in Deed Book Volume 4391, Page 201, granted and conveyed unto the Borough of West Mifflin, a municipal corporation, the grantor herein.

and Mary Odato, recorded in Deed Book Volume 20250SB0467PN1057 - 9 - 10943, Page 276, also being known as Lot 1 of the Richard J.

20250SB0467PN0420 - 9 - thence along said Lot 1 of the Richard J.

thence along said lands of Irwin, along the westerly line of Cherry Lane (unopened), and along lands now or formerly PSPC, 20250SB0467PN1057 - 10 - Inc., recorded in Deed Book Volume 13799, Page 158, South 19º 46' 27" East, a distance of 1,064.20 feet to a point the Right- of-Way line of said Camp Hollow Road thence along said Right-of- 20250SB0467PN0420 - 10 - Way line, North 62º 47' 17" West, a distance of 35.43 feet to a point;

10) by the arc of a circle 20250SB0467PN1057 - 11 - curving to the right having a radius of 1,607.28 feet, an arc length of 859.60 feet, subtended by a chord bearing, North 31º 41' 50" West, a chord distance of 849.39 feet to the point of 20250SB0467PN0420 - 11 - BEGINNING.

(e) Conditions.--The conveyances described in this section shall be 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 company, as well as under and subject 20250SB0467PN1057 - 12 - 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.

SECTION20250SB0467PN0420 - 12 - Section 2.

CONVEYANCE IN RUSH TOWNSHIP, SCHUYLKILL COUNTY.

<-- (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH NOTICE TO THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, 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 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.

20250SB0467PN1057 - 13 - (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.

§ 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 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.

20250SB0467PN1057 - 14 - (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 3.

<-- This act shall take effect immediately.