Pennsylvania Act 2002-204 — CONVEYANCE - COMMONWEALTH PROPERTY IN BEAVER, BEDFORD, DELAWARE, GREENE, MONTGOMERY AND NORTHUMBERLAND COUNTIES

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN BEAVER, BEDFORD, DELAWARE, GREENE,
                  MONTGOMERY AND NORTHUMBERLAND COUNTIES
                 Act of Dec. 9, 2002, P.L. 1557, No. 204              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor and the Pennsylvania
        Historical and Museum Commission, to accept by donation a
        tract of land situate in the Borough of Ambridge, Beaver
        County; authorizing and directing the Department of General
        Services, with the approval of the Pennsylvania Historical
        and Museum Commission and the Governor, to grant and convey
        to Tinicum Township certain lands and buildings situate in
        the Township of Tinicum, County of Delaware; authorizing and
        directing the Department of General Services, with the
        approval of the Pennsylvania Historical and Museum Commission
        and the Governor, to grant and convey to Liberty Township
        certain lands and monument situate in the Township of
        Liberty, County of Bedford; authorizing the Department of
        General Services, with the approval of the Pennsylvania
        Historical and Museum Commission and the Governor, to grant
        and convey to the County of Montgomery certain lands and
        buildings situate in the Borough of Pottstown, Montgomery
        County; authorizing the Department of General Services, with
        the approval of the Pennsylvania Historical and Museum
        Commission and the Governor, to grant and convey to Greene
        County certain lands and building situate in Jefferson
        Township, Greene County; and authorizing the Department of
        General Services, with the approval of the Pennsylvania
        Historical and Museum Commission and the Governor, to grant
        and convey to Northumberland County Historical Society
        certain lands and building situate in the City of Sunbury,
        County of Northumberland and Commonwealth of Pennsylvania.

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

     Section 1.  Land acquisition in Borough of Ambridge, Beaver
                    County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor and the Pennsylvania Historical and
     Museum Commission, is hereby authorized on behalf of the
     Commonwealth of Pennsylvania to accept by donation a tract of
     land described in subsection (b).
        (b)  Property description.--The parcel to be donated by the
     Ambridge Area School District pursuant to subsection (a) is
     located in the Borough of Ambridge, County of Beaver, bounded as
     described as follows:
        ALL THAT CERTAIN piece, parcel or plot of land situate in the
     Borough of Ambridge, County of Beaver and Commonwealth of
     Pennsylvania containing lots number 2, 3, 4, 5, 6, 7, 17, 18,
     19, 20, 21, 22, 23, 24, 25 and 26 in Block Number 10 as depicted
     in the "Economy Plan of French Point and Village Lots," recorded
     in the Recorder's Office in and for said County of Beaver in
     Plan Book Vol. 1, Page 234.
        CONTAINING an area of .9924 acres.
        (c)  Easements.--The donation shall be made under and subject
     to all recordable easements, servitudes and rights of others,
     including, but not confined to, streets, roadways and rights of
     any telephone, telegraph, water, electric, cable, sewer, gas or
     pipeline companies, as well as under and subject to any
     recordable interest, estates or tenancies vested in third
     persons appearing of record, for any portion of the land or
     improvements erected thereon.
        (d) Deed.--The deed shall be prepared by the grantor as
     provided by law, subject to approval by the Department of
     General Services, and accepted on behalf of the Commonwealth by
     the Department of General Services.
        (e)  Costs and fees.--Costs and fees incidental to this
     donation shall be borne by the grantee unless otherwise
     stipulated by previous agreement.
     Section 2.  Conveyance of land to Tinicum Township.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Pennsylvania Historical and Museum
     Commission and the Governor, is hereby authorized and directed
     on behalf of the Commonwealth of Pennsylvania to grant and
     convey to Tinicum Township for one dollar approximately 7.224
     acres of land and buildings as described in subsection (b).
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of all that certain tract or
     piece of land with the buildings and improvements thereon
     erected, situate in the Township of Tinicum, County of Delaware
     and Commonwealth of Pennsylvania, and bounded and described as
     follows, to wit:
        BEGINNING at the point of intersection of the middle line of
     Second Street and the middle line of Taylor Avenue; extending
     thence by the middle line of said Taylor Avenue South ten
     degrees, four minutes West, nine hundred forty-three feet more
     or less, to low water mark of the Delaware River; extending
     thence by the said River and along the said low water mark North
     fifty-six degrees, seventeen minutes West three hundred eighty
     feet more or less to lands of the Corinthian Yacht Club;
     extending thence by the said lands North nine degrees fifty-five
     minutes East, eight hundred thirty-seven feet more or less to
     the middle of the said Second Street; and thence extending by
     the said middle line of Second Street South eighty degrees,
     sixteen minutes East, three hundred fifty-three and fifty-nine
     one-hundredths feet to the place of beginning.
        CONTAINING Seven and Two hundred and twenty-four one-
     thousands (7.224) acres, more or less, according to Survey made
     October 20th, 1926 by Damon & Power, Civil Engineers.
        (c)  Easements.--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 any lawful and enforceable estates or tenancies
     vested in third persons appearing of record, for any portion of
     the land or improvements erected thereon.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed or quit claim deed, as the Commonwealth's
     interests permit, and shall be executed by the Secretary of
     General Services in the name of the Commonwealth of
     Pennsylvania. The restrictive covenants in subsections (e) and
     (f) shall only pertain to the above-mentioned special warranty
     deed.
        (e)  Public access, etc.--The deed of conveyance shall
     contain a clause requiring that Tinicum Township provide public
     access to the park and facilities and maintain and preserve the
     premises as a historic park. No new construction, excavation,
     ground disturbance, demolition, alteration, remodeling or
     landscaping/site work shall be undertaken or permitted to be
     undertaken on the property without prior written approval of the
     Pennsylvania Historical and Museum Commission.
        (f)  Other terms and conditions.--Under and subject to the
     condition that the land herein conveyed shall be used as a
     permanent, noncommercial historical park, if at any time the
     grantee or its successors in function convey said property or
     authorize or permit said property to be used for any purpose
     other than those aforementioned, the title to the land herein
     conveyed shall immediately revert to and revest in the
     Commonwealth of Pennsylvania.
        (g)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
     Section 3.  Conveyance of land to Liberty Township.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Pennsylvania Historical and Museum
     Commission and the Governor, is hereby authorized and directed
     on behalf of the Commonwealth of Pennsylvania to grant and
     convey to Liberty Township for one dollar approximately 20.87
     acres of land and monument as described in subsection (b).
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of all that certain tract or
     piece of land with the monument and improvements thereon
     erected, situate in the Township of Liberty, County of Bedford
     and Commonwealth of Pennsylvania, and bounded and described as
     follows, to wit:
        BEGINNING at the center of a certain shaft or marker erected
     by the Fisher's Summit Memorial Association as a marker, or
     monument or the spot where Captain Phillips' Scouts were
     massacred by Indians, and where the remains of the said Scouts
     are interred in a certain vault or grave, and extending from the
     said marker or monument in all directions by a radius of 500
     feet from the center of said marker as aforesaid and containing
     approximately 785,400 square feet, and also that portion or
     piece of ground beginning at the said monument or marker and
     used as a certain road, extending in an easterly direction to
     the old highway formerly know as Route 26, for a width of 50
     feet between said marker and the aforesaid highway; and thence
     from the old highway hereinbefore mentioned continuing in an
     easterly direction to the new concrete highway, between Bedford
     and Huntingdon, and known as Route 26, for a width of 50 feet,
     between the old and new highways herein before mentioned.
        (c)  Easements.--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 any lawful and enforceable estates or tenancies
     vested in third persons appearing of record, for any portion of
     the land or improvements erected thereon.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        (e)  Public access, etc.--The deed of conveyance shall
     contain a clause requiring that Liberty Township provide public
     access to the park and monument and maintain and preserve the
     premises as a historic park. No new construction, excavation,
     ground disturbance, demolition, alteration, remodeling or
     landscaping/site work shall be undertaken or permitted to be
     undertaken on the property without prior written approval of the
     Pennsylvania Historical and Museum Commission.
        (f)  Covenants.--Under and subject to the condition that the
     land herein conveyed shall be used as a permanent, noncommercial
     historical park, if at any time the grantee or its successors in
     function convey said property or authorize or permit said
     property to be used for any purpose other than those
     aforementioned, the title to the land herein conveyed shall
     immediately revert to and revest in the Commonwealth of
     Pennsylvania.
        (g)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
     Section 4.  Conveyance of land to Montgomery County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Pennsylvania Historical and Museum
     Commission and the Governor, is hereby authorized on behalf of
     the Commonwealth of Pennsylvania to grant and convey to the
     County of Montgomery certain lands and buildings as described in
     subsection (b) for fair consideration equal to the fair market
     value of the property as determined by an independent appraisal
     in accordance with an agreement of sale.
        (b)  Property description.--The tracts to be conveyed are
     situate in the Borough of Pottstown, Montgomery County,
     Pennsylvania, bounded and described as follows:
        Parcel 1
        ALL THAT CERTAIN lot or piece of land with the buildings
     thereon erected, situate in the Borough of Pottstown, County of
     Montgomery, and State of Pennsylvania, described according to
     the survey of Will D. Hiltner, May 1959, as follows, to wit:
        BEGINNING at a point on the Northeast side of High Street;
     thence along land now or late of Gabel Estate North Twenty-nine
     degrees Thirty-five minutes East Three Hundred feet to a point
     on the South side of King Street; thence South Sixty-six degrees
     Thirty-five minutes East, Two Hundred Nineteen and Seventy-two
     hundredths feet along said South side of King Street to a point
     in the center of a public road Thirty-three feet wide; thence
     South Fourteen degrees Twenty-six minutes West, along the center
     line of said public road Three Hundred Ten and Six tenths feet
     to a point on the North side of High Street aforesaid; thence
     North Sixty degrees Twenty-five minutes West along said of High
     Street Three Hundred feet to the point of place of BEGINNING.
        Parcel 2
        ALL THAT CERTAIN lot or piece of ground with the buildings
     and improvements thereon erected, situate in the Borough of
     Pottstown, County of Montgomery, and Commonwealth of
     Pennsylvania, bounded and described according to a Survey
     thereof made December 28, 1944 by Ralph E. Shaner and Son,
     Engineers, as follows, to wit:
        BEGINNING at a point of the intersection of the Northeast
     side of High Street and the Southeast side of a public road;
     thence extending along the South side of said public road North
     11 Degrees 35 Minutes East 320.19 feet to a point of
     intersection of the Southeast side of said public road with the
     Southeast side of King Street; thence extending along the said
     Southwest side of King Street South 60 Degrees 25 Minutes East
     22 feet to a point a corner on the Westerly right of way line of
     the Colebrookdale Railroad; thence along said right of way line,
     on line curving to the left having a radius of 1812.27 feet to
     the arc or distance of 360.64 feet to a point on the Northeast
     side of High Street aforesaid; thence extending along the said
     Northeast side of High Street North 60 Degrees 25 Minutes West
     114.14 feet to the first mentioned point and place of BEGINNING.
        (c)  Easements.--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 telephone, telegraph, cable, water,
     electric, sewer, 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.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        (e)  Covenants.--The deed of conveyance shall contain a
     clause requiring the County of Montgomery or their successors to
     ensure that any design for new construction, rehabilitation,
     alteration or demolition work on the property is compatible with
     its original architectural design and landscape/site plan in
     terms of scale, massing, fenestration, materials and color and
     is consistent with the recommended approaches in the Secretary
     of the Interior's Standards for Rehabilitation and Guidelines
     for Rehabilitating Historic Buildings, and no new construction,
     excavation, ground disturbance, demolition, alteration,
     remodeling or landscaping/site work shall be undertaken or
     permitted to be undertaken on the property without prior written
     approval of the Pennsylvania Historical and Museum Commission.
        (f)  Fees and costs.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
     Section 5.  Conveyance of land to Greene County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Pennsylvania Historical and Museum
     Commission and the Governor, is hereby authorized and directed
     on behalf of the Commonwealth of Pennsylvania to grant and
     convey to Greene County for one dollar approximately 1.82 acres
     of land, more or less, and a stone building known as the "Thomas
     Hughes House" as described in subsection (b).
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of all that certain tracts
     or lots of land situate in the Township of Jefferson, County of
     Greene and Commonwealth of Pennsylvania, bounded and described
     as follows, to wit:
        ALL THOSE CERTAIN pieces, parcels or plots of land situate in
     the Township of Jefferson, County of Greene and Commonwealth of
     Pennsylvania being all of Parcel No. 1- Containing 1.11 acres
     with improvements, Parcel No. 2- Lots No.5, 6, 7 and 8
     containing 0.58 acres more or less and Parcel No. 7- Lot No.54,
     containing 0.13 acres more or less. Parcels and lots being shown
     on revised Hatfield Plan as recorded in Greene County Plan Book
     1, at page 119 on August 24, 1946.
        CONTAINING an area of 1.82 acres of land, more or less.
        (c)  Easements.--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 any lawful and enforceable estates or tenancies
     vested in third persons appearing of record, for any portion of
     the land or improvements erected thereon.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        (e)  Covenants.--The deed of conveyance shall contain a
     clause requiring the County of Greene and their successors to
     maintain and preserve the premises to ensure that any
     improvements to the property are compatible with its original
     architectural design and landscape/site plan in terms of scale,
     massing, fenestration, materials and color and are consistent
     with the recommended approaches in the Secretary of the
     Interior's Standards for Rehabilitation and Guidelines for
     Rehabilitating Historic Buildings. No new construction,
     excavation, ground disturbance, demolition, alteration,
     remodeling or landscaping/site work shall be undertaken or
     permitted to be undertaken on the property without prior written
     approval by the Pennsylvania Historical and Museum Commission.
     This clause shall run with the land.
        (f)  Other restrictions.--The deed of conveyance shall also
     contain a clause permitting Greene County to sell the property
     for fair market value as determined by an independent appraiser
     acceptable to the Commonwealth, with the proceeds, less Greene
     County's sales costs, sent to the Commonwealth.
        (g)  Fees and costs.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
     Section 6.  Conveyance to Northumberland County Historical
                    Society.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Pennsylvania Historical and Museum
     Commission and the Governor, is hereby authorized on behalf of
     the Commonwealth of Pennsylvania to grant and convey to
     Northumberland County Historical Society for one dollar
     approximately 0.82 acres of land and a building as described in
     an indenture dated November 27, 1931.
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of all that certain tract or
     lot of land at 1150 North Front Street, situate in the City of
     Sunbury, Northumberland County, Commonwealth of Pennsylvania,
     bounded and described as follows, to wit:
        BEGINNING at an iron pipe in the eastern line of Front Street
     in the dividing line between the property hereby conveyed and
     the property nor or late of Max L. Kronberg, thence in a
     southerly direction along the eastern line of Front Street a
     distance of eighty eight (88) feet, more or less to a stake
     being the northwestern corner of property in tenure of George W.
     Rockwell, thence in an easterly direction along the property now
     or late of the said Rockwell a distance of three hundred sixteen
     (316) feet, more or less, to a stake in the western line of Fort
     Augusta Avenue
        thence in a northerly direction along the western line of
     Fort Augusta Avenue a distance of one hundred thirty nine (139)
     feet, more or less, to an iron pipe at the intersection of the
     property hereby conveyed and the property in tenure of Max L.
     Kronberg,
        thence in a westerly direction along the property now or late
     of Max L. Kronberg, a distance of two hundred eight (208) feet
     more or less, to the place of beginning.
        It being the same property conveyed to Ella G. Rossiter by
     Amelia Gross, by deed dated July 27, 1929, recorded in Deed Book
     No.238, Page 93.
        Also part of the same property conveyed to Amelia Gross by
     John Noriconk, Sheriff of Northumberland County, by deed dated
     May 17, 1895, recorded in Deed Book No.115, Page 325.
        The twelve (12) foot private driveway extending from Front
     Street eastward to Fort Augusta Avenue along the southern line
     of the property hereby conveyed, is to be used jointly by the
     grantee and George W. Rockwell, his heirs and assignees, owner
     of the property adjoining on the South.
        CONTAINING approximately 35,723 square feet of land. It is
     comprised of two separate and noncontiguous parcels of land. The
     main site measures approximately 88 feet by 280 feet by 139 feet
     by 310 feet while the smaller parcel measures 30 feet by 175
     feet.
        WHEREON IS ERECTED a brick house dwelling, known as the
     "Hunter House."
        (c)  Easements.--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 any lawful and enforceable estates or tenancies
     vested in third persons appearing of record, for any portion of
     the land or improvements erected thereon.
        (d)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        (e)  Covenants.--The conveyance shall be made under and
     subject to the condition that the buildings and lands conveyed
     herein shall be accessible to the public, owned by a nonprofit
     organization as defined by the Bureau of Charitable
     Organizations, Commonwealth of Pennsylvania, and be restricted
     to permanent, noncommercial use as a historic site or museum.
     Should the buyer allow the property to be used for any other
     purpose, ownership will revert to the Commonwealth of
     Pennsylvania.
        Buyer shall maintain and preserve the premises to ensure that
     any improvements to the property are compatible with its
     original architectural design and landscape/site plan in terms
     of scale, massing, fenestration, materials and color and are
     consistent with the recommended approaches in the Secretary of
     the Interior's Standards for Rehabilitation and Guidelines for
     Rehabilitating Historic Buildings. No new construction,
     excavation, ground disturbance, demolition, alteration,
     remodeling or landscaping/site work shall be undertaken or
     permitted to be undertaken on the property without prior written
     approval of the Pennsylvania Historical and Museum Commission
     and signed by a duly authorized representative hereof.
        These covenants are binding to the buyer, its heirs,
     successors and assigns in perpetuity.
        (f)  Costs and fees.--Costs and fees incidental to this
     conveyance shall be borne by the grantee.
     Section 7.  Effective date.
        This act shall take effect as follows:
            (1)  Section 1 shall take effect in 60 days.
            (2)  The remainder of this act shall take effect
        immediately.