PRINTER'S NO. 1195
No. 984 Session of 2001
INTRODUCED BY PUNT, JUNE 14, 2001
REFERRED TO STATE GOVERNMENT, JUNE 14, 2001
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor, to grant and convey to
3 Kittochtinny Historical Society, Inc., certain lands situate
4 in the Borough of Chambersburg, Franklin County,
5 Pennsylvania.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The Department of General Services, with the
9 approval of the Governor, is hereby authorized and directed on
10 behalf of the Commonwealth of Pennsylvania to grant and convey
11 to Kittochtinny Historical Society, Inc., certain land and
12 buildings described in section 2 for fair market value as
13 determined by independent appraisal in accordance with an
14 Agreement of Sale dated February 16, 2001.
15 Section 2. The property to be conveyed pursuant to section 1
16 consists of approximately .08 acres and a house bounded and more
17 particularly described as follows:
18 BEGINNING at a nail on the north inside pavement line of East
19 King Street (said pavement being approximately 11 feet in
1 width); thence with the lands now or formerly of Guy A.
2 Patterson, North 9 degrees 22 minutes 2 seconds East 99.17 feet
3 to an iron pin; thence by other lands nor or formerly of the
4 Redevelopment Authority of the County of Franklin, South 80
5 degrees 15 minutes 57 seconds East 34.64 feet to an iron pin;
6 thence by lands now or formerly of John F. Abbott, et al, South
7 9 degrees 13 minutes 1 second West 99.14 feet to an iron pin on
8 the north inside pavement line; thence with the North inside
9 pavement line, North 80 degrees 18 minutes 34 seconds West 34.9
10 feet to the place of BEGINNING.
11 CONTAINING .08 acres more or less.
12 AND BEING the same land conveyed to the Commonwealth of
13 Pennsylvania by deed of the Redevelopment Authority of the
14 County of Franklin, dated November 9, 1973, recorded in Franklin
15 County, Deed Book Volume 698 at page 224.
16 Section 3. The conveyance shall be made under and subject to
17 all lawful and enforceable easements, servitudes and rights of
18 others, including, but not confined to streets, roadways and
19 rights of any telephone, telegraph, water, electric, gas or
20 pipeline companies, as well as under and subject to any lawful
21 and enforceable estates or tenancies vested in third persons
22 appearing of record, for any portion of the land or improvements
23 erected thereon.
24 Section 4. The deed of conveyance shall contain the
25 following restrictive clauses:
26 (1) Under and subject to the condition that the lands
27 conveyed herein shall be used for historical
28 exhibition/public purposes only. Should the Grantee allow the
29 lands conveyed to be used for any other purpose, or attempts
30 to convey the premises, title shall immediately revert to and
20010S0984B1195 - 2 -
1 revest in the Grantor. However, the Grantor and Grantee, or
2 their successors and assigns, agree that should the within-
3 named Grantee, or its successors, dissolve or cease to remain
4 in existence, then the Grantee, or its successors, may allow
5 title to the above-described real estate to be conveyed to a
6 successor organization that has the same objectives, purposes
7 and goals as the Grantee, said conveyance to be subject to
8 the other covenants and restrictions set forth in this deed.
9 Nothing in this covenant shall be construed to limit the
10 Grantee's ability to lease the lands conveyed herein.
11 (2) Under and subject to the condition that the Grantee
12 shall ensure that any design for new construction,
13 rehabilitation, alteration or demolition work on the property
14 is compatible with its original architectural design and
15 landscape/site plan in terms of scale, massing, fenestration,
16 materials and color, and is consistent with the recommended
17 approaches in the Secretary of the Interior's "Standards for
18 Rehabilitation and Guidelines for Rehabilitating Historic
19 Buildings," as revised in 1995. Further, no new construction,
20 demolition, alteration, remodeling or landscaping/site work
21 shall be undertaken or permitted to be undertaken on the
22 property without the prior written approval of the
23 Pennsylvania Historical and Museum Commission and signed by a
24 duly authorized representative thereof.
25 Section 5. The deed of conveyance shall be by Special
26 Warranty Deed and shall be executed by the Secretary of General
27 Services in the name of the Commonwealth of Pennsylvania.
28 Section 6. Costs and fees incidental to this conveyance
29 shall be borne by the Grantee.
30 Section 7. In the event that this conveyance is not executed
20010S0984B1195 - 3 -
1 within 12 months of the effective date of this act, the property
2 may be disposed of in accordance with Article 2406-A of the act
3 of April 9, 1929 (P.L.177, No.175), known as The Administrative
4 Code of 1929.
5 Section 8. This act shall take effect immediately.
F11L85MRD/20010S0984B1195 - 4 -