PRIOR PRINTER'S NO. 3720 PRINTER'S NO. 4461
No. 2561 Session of 2004
INTRODUCED BY MUNDY, APRIL 13, 2004
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2004
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Pennsylvania Historical and Museum
3 Commission and the Governor, to grant and convey to Luzerne
4 County Historical Society, certain lands and building situate
5 in the Borough of Forty Fort, County of Luzerne, Commonwealth
6 of Pennsylvania.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Authorization.
10 The Department of General Services, with the approval of the
11 Pennsylvania Historical and Museum Commission and the Governor,
12 is hereby authorized and directed on behalf of the Commonwealth
13 of Pennsylvania to grant and convey to Luzerne County Historical
14 Society, for One Dollar, ($1.00), a tract of land and a building
15 known as the "Dennison House" as described in section 2.
16 Section 2. Description.
17 ALL THAT CERTAIN piece or parcel of land, situate in the
18 Borough of Forty-Fort bounded and described as follows:
19 BEGINNING AT a corner being the intersection of the Westerly
1 line of Wyoming Avenue and the Northerly line of Dennison
2 Street, thence North thirty-nine degrees twenty-two minutes East
3 along said Wyoming Avenue one-hundred five and ninety-seven one-
4 hundredths (105.97) feet to a corner, thence North seventy-four
5 degrees one minute East still along Wyoming Avenue forty-six and
6 eighty-six one-hundredths (46.86) feet, more or less to a corner
7 dividing Lots No's 1 and 2 on plot of lots known as Englewood
8 Terrace, recorded in Luzerne County Map Book No. 2, page 294;
9 THENCE North twelve degrees fifty-six minutes West along said
10 Lot No. 2 two-hundred ninety-eight and twenty-nine one-
11 hundredths (298.29) feet to a corner;
12 THENCE North twenty-seven degrees West still along line of
13 lot No. 2, eighty-five (85) feet to a corner on Englewood
14 Avenue.
15 THENCE South forty-seven degrees twenty-seven minutes West
16 eighty-nine (89) feet to a corner in line of Dennison Street;
17 THENCE South twenty-eight degrees forty-four minutes East
18 along the Northerly line of Dennison Street thirty-nine and
19 thirteen one-hundredths (39.13) feet;
20 THENCE South six degrees twelve minutes East still along line
21 of Dennison Street, three hundred sixty-eight and eighty-eight
22 one-hundredths (368.88) feet to Wyoming Avenue, the place of
23 beginning.
24 BEING Lot No. 1 on said plot of lots and improved with a
25 three story single frame dwelling known as 35 Dennison Street,
26 Forty Fort, Luzerne County, Pennsylvania
27 Together with and subject to all easements, rights,
28 covenants, appurtenances, exceptions, reservations, restrictions
29 and conditions contained in prior instruments in the chain of
30 title.
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1 BEING the same premises conveyed by Hugh H. McClelland, Jr.
2 and Nancy W. McClelland his wife to David M. Ogden and Elizabeth
3 V.N. Ogden, his wife by deed dated March 5, 1963, recorded in
4 Luzerne County Deed Book No. 1516, page 939.
5 Section 3. Easements.
6 The conveyance shall be made under and subject to all lawful
7 and enforceable easements, servitudes and rights of others,
8 including, but not confined to, streets, roadways and rights of
9 any telephone, telegraph, water, electric, gas or pipeline
10 companies, as well as under and subject to any lawful and
11 enforceable estates or tenancies vested in third persons
12 appearing of record, for any portion of the land or improvements
13 erected thereon.
14 Section 4. Execution.
15 The deed of conveyance shall be by Special Warranty Deed and
16 shall be executed by the Secretary of General Services in the
17 name of the Commonwealth of Pennsylvania.
18 Section 5. Reversion.
19 The deed of conveyance shall contain a clause that the
20 property conveyed herein shall be used for EDUCATIONAL OR <--
21 historical exhibition/public purposes only. Should the Grantee
22 allow the property conveyed to be used for any other purpose or
23 attempts to convey the Premises, title shall immediately revert
24 to and revest in the Grantor. However, the Grantor and Grantee,
25 or their successors and assigns, agree that should the within
26 named Grantee, or its successors, dissolve or cease to remain in
27 existence, then the Grantee, or its successors, may allow title
28 to the above-described real estate to be conveyed to a successor
29 organization that has the same objectives, purposes and goals as
30 the Grantee, said conveyance to be subject to the other
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1 covenants and restrictions set forth in this deed.
2 SECTION 6. RESTRICTIONS. <--
3 THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT REQUIRES
4 THE GRANTEE TO MAINTAIN AND PRESERVE THE PREMISES BY ENSURING
5 THAT ANY IMPROVEMENTS TO THE PROPERTY ARE COMPATIBLE WITH ITS
6 ORIGINAL ARCHITECTURAL DESIGN AND LANDSCAPE/SITE PLAN IN TERMS
7 OF SCALE, MASSING, FENESTRATION, MATERIALS AND COLOR, AND IS
8 CONSISTENT WITH THE RECOMMENDED APPROACHES IN THE SECRETARY OF
9 THE INTERIOR'S STANDARDS FOR REHABILITATION AND GUIDELINES FOR
10 REHABILITATING HISTORIC BUILDINGS, AS REVISED IN 1995. FURTHER,
11 NO NEW CONSTRUCTION, DEMOLITION, ALTERATION, REMODELING OR
12 LANDSCAPING/SITE WORK SHALL BE UNDERTAKEN OR PERMITTED TO BE
13 UNDERTAKEN ON THE PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF
14 THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.
15 Section 6 7. Costs and fees. <--
16 Costs and fees incidental to this conveyance shall be borne
17 by the Grantee.
18 Section 7 8. Effective date. <--
19 This act shall take effect immediately.
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