Pennsylvania Act 2002-106 — CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN COUNTY AND REMOVAL OF RESTRICTIONS IN HUNTINGDON COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN COUNTY AND REMOVAL OF
                    RESTRICTIONS IN HUNTINGDON COUNTY
                  Act of Jul. 4, 2002, P.L. 696, No. 106              Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Governor, to grant and convey to
        Kittochtinny Historical Society, Inc., certain lands situate
        in the Borough of Chambersburg, Franklin County,
        Pennsylvania; and authorizing the Department of General
        Services, with the approval of the Governor, to remove
        certain restrictions imposed on lands conveyed or to be
        conveyed to Smithfield Township, situate in Smithfield
        Township, Huntingdon County, Pennsylvania.

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

     Section 1.  Conveyance in the Borough of Chambersburg.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized and directed
     on behalf of the Commonwealth of Pennsylvania to grant and
     convey to Kittochtinny Historical Society, Inc., certain land
     and buildings described in subsection (b) for fair market value
     as determined by independent appraisal in accordance with an
     Agreement of Sale dated February 16, 2001.
        (b)  Property description.--The property to be conveyed
     pursuant to subsection (a) consists of approximately .08 acres
     and a house bounded and more particularly described as follows:
        BEGINNING at a nail on the north inside pavement line of East
     King Street (said pavement being approximately 11 feet in
     width); thence with the lands now or formerly of Guy A.
     Patterson, North 9 degrees 22 minutes 2 seconds East 99.17 feet
     to an iron pin; thence by other lands nor or formerly of the
     Redevelopment Authority of the County of Franklin, South 80
     degrees 15 minutes 57 seconds East 34.64 feet to an iron pin;
     thence by lands now or formerly of John F. Abbott, et al, South
     9 degrees 13 minutes 1 second West 99.14 feet to an iron pin on
     the north inside pavement line; thence with the North inside
     pavement line, North 80 degrees 18 minutes 34 seconds West 34.9
     feet to the place of BEGINNING.
        CONTAINING .08 acres more or less.
        AND BEING the same land conveyed to the Commonwealth of
     Pennsylvania by deed of the Redevelopment Authority of the
     County of Franklin, dated November 9, 1973, recorded in Franklin
     County, Deed Book Volume 698 at page 224.
        (c)  Conditions.--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)  Restrictive clauses.--The deed of conveyance shall
     contain the following restrictive clauses:
            (1)  Under and subject to the condition that the lands
        conveyed herein shall be used for historical
        exhibition/public purposes only. Should the Grantee allow the
        lands conveyed to be used for any other purpose, or attempts
        to convey the premises, title shall immediately revert to and
        revest in the Grantor. However, the Grantor and Grantee, or
        their successors and assigns, agree that should the within-
        named Grantee, or its successors, dissolve or cease to remain
        in existence, then the Grantee, or its successors, may allow
        title to the above-described real estate to be conveyed to a
        successor organization that has the same objectives, purposes
        and goals as the Grantee, said conveyance to be subject to
        the other covenants and restrictions set forth in this deed.
        Nothing in this covenant shall be construed to limit the
        Grantee's ability to lease the lands conveyed herein.
            (2)  Under and subject to the condition that the Grantee
        shall 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" as revised in 1995. Further, no new construction,
        demolition, alteration, remodeling or landscaping/site work
        shall be undertaken or permitted to be undertaken on the
        property without the prior written approval of the
        Pennsylvania Historical and Museum Commission and signed by a
        duly authorized representative thereof.
        (e)  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.
        (f)  Costs.--Costs and fees incidental to this conveyance
     shall be borne by the Grantee.
        (g)  Disposal.--In the event that this conveyance is not
     executed within 12 months of the effective date of this act, the
     property may be disposed of in accordance with Article 2406-A of
     the act of April 9, 1929 (P.L.177, No.175), known as The
     Administrative Code of 1929.
     Section 2.  Removal of restrictions on lands in Smithfield
                    Township.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized on behalf of
     the Commonwealth to execute a deed to remove certain
     restrictions imposed on the lands conveyed or to be conveyed to
     Smithfield Township under section 2(d)(1) and (2) of the act of
     June 26, 2001 (P.L.749, No.76), entitled "An act authorizing and
     directing the Department of Transportation, with the approval of
     the Governor, to convey to Scranton School District two parcels
     of land situated in the City of Scranton, Lackawanna County,
     Pennsylvania; authorizing and directing the Department of
     General Services, with the approval of the Governor, to grant
     and convey to Smithfield Township or its assigns certain lands
     situate in Smithfield Township, Huntingdon County; and making a
     repeal," upon Smithfield Township providing, at its sole expense
     and to the satisfaction of both the Department of General
     Services and Department of Corrections, a replacement water
     supply for SCI-Huntingdon.
        (b)  Deed.--The deed shall be executed by the Secretary of
     General Services in the name of the Commonwealth of
     Pennsylvania.
        (c)  Costs.--Costs and fees incidental to removing the
     restrictions shall be borne by the grantee.
     Section 3.  Effective date.
        This act shall take effect immediately.