Section 9. Conveyance to Frackville Area Municipal Authority in
Ryan Township, Schuylkill County.
(a) Authorization.--The Department of General Services, with the approval of the Department of Corrections and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to dedicate, grant and convey to the Frackville Area Municipality Authority, a waste water system, consisting of approximately 2,500 linear feet of sewer line, head works, wet well, control buildings, chemical feed system, duplex pump station, force main and appurtenances, together with such easements as may be necessary for purposes of the operation, maintenance, repair and replacement of the waste water system and appurtenances, over through and in certain property constituting a portion of the grounds of the State Correctional Institution - Frackville, outside the security fence, for $1.00 and under terms and conditions to be established by the parties.
(b) Easement.--Pursuant to subsection (a), the Department of General Services is authorized to grant to the Frackville Area Municipal Authority a permanent easement for access to, operation, maintenance and repair of, the waste water system, over, through and in the real property constituting a part of the grounds of the State Correctional Institution - Frackville, outside the security fence, being a portion of the real property acquired by the Commonwealth of Pennsylvania pursuant to a deed recorded at the Office of the Recorder of Deeds of Schuylkill County at Deed Book 1336, Page 128. The easement shall be more particularly identified upon agreement of the parties and preparation of a survey by a Pennsylvania licensed surveyor.
(c) Subject to rights of others.--The conveyance shall be made 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 all lawful and enforceable estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvement erected thereon.
(d) Execution.--The deed or other conveyance document executed pursuant to this section shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(e) Repair.--The deed or other conveyance document executed pursuant to this section shall contain a covenant requiring the Frackville Area Municipal Authority to repair, to the satisfaction of the Commonwealth, any damage to the easement area caused by the Frackville Area Municipal Authority's operation, maintenance, repair or replacement of the water system and appurtenances.
(f) Costs, fees and expenses.--All costs, fees and expenses incidental to the conveyances authorized under subsection (a), including, but not limited to, surveying costs and any costs resulting from alterations to the waste water system made necessary as a result of this conveyance, shall be borne by the Frackville Area Municipal Authority or Schuylkill County. The Commonwealth shall not bear any costs, fees or expenses associated with this conveyance.
(g) Nonconveyance.--In the event that the conveyance is not executed within two years of the effective date of this section, the authority contained in this section shall expire.