Section 7. Conveyance in Ohiopyle Borough, Fayette County.
(a) Authorization.--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, subject to residential use only restrictions, and free of restrictions on use and alienation imposed by section 20 of the act of June 22, 1964 (Sp.Sess.1, 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 subsection (c).
(b) Description of property.--The property to be conveyed in accordance with subsection (a) 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 situate 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.
(c) 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 certain lands situate in Ohiopyle Borough, Fayette County, in exchange for that property to be conveyed to the Borough in accordance with subsection (a).
(d) Description of property to be received.--The property to be conveyed in accordance with subsection (c) consists of approximately 2.65 acres and improvements, except the sewer treatment plant and its utilities as outlined in the agreement between Ohiopyle Borough and the Bureau of State Parks, thereon bounded and more particularly described in the Fayette County Deed Book 1043 Page 701:
All that certain parcel of land situate 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 85º 32' 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 drawing prepared by the Chester Engineering dated 1965, attached herto and made part hearof.
CONTAINING in area 2.65 acres, more or less.
(e) Easements and encumbrances.--The conveyances described in this section 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.
(f) Restrictive covenants.--
(1) The Department of Conservation and Natural Resources shall impose and record Project 70 restrictions on the property to be conveyed in accordance with subsection (c).
(2) Any conveyance authorized under subsection (a) 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 to Ohiopyle Borough 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 Ohiopyle Borough, its successors and assigns. Should Ohiopyle Borough, its successors or assigns permit any portion of the property authorized to be conveyed to the borough in this section to be used in violation of this paragraph, the title shall immediately revert to and revest in the Commonwealth of Pennsylvania.
(3) The Department of Conservation and Natural Resources shall impose residential use only restrictions on the property to be conveyed in accordance with subsection (b).
(g) Special warranty deed.--The deed for the conveyance of the property in accordance with subsections (a) and (c) shall be by special warranty deed and shall be executed by the Secretary of Conservation and Natural Resources in the name of the Commonwealth of Pennsylvania.
(h) Costs.--All costs and fees incidental to the conveyances contained in this section shall be borne by the Department of Conservation and Natural Resources.
(i) Expiration of authorization.--In the event that these conveyances are not executed by July 7, 2013, the authorization contained in this section shall become null and void.