HOUSE AMENDED
PRIOR PRINTER'S NO. 1195 PRINTER'S NO. 2099
No. 984 Session of 2001
INTRODUCED BY PUNT, JUNE 14, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2002
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; AND AUTHORIZING THE DEPARTMENT OF GENERAL <--
6 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO REMOVE
7 CERTAIN RESTRICTIONS IMPOSED ON LANDS CONVEYED OR TO BE
8 CONVEYED TO SMITHFIELD TOWNSHIP, SITUATE IN SMITHFIELD
9 TOWNSHIP, HUNTINGDON COUNTY, PENNSYLVANIA.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The Department of General Services, with the <--
13 SECTION 1. CONVEYANCE IN THE BOROUGH OF CHAMBERSBURG. <--
14 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
15 THE approval of the Governor, is hereby authorized and directed
16 on behalf of the Commonwealth of Pennsylvania to grant and
17 convey to Kittochtinny Historical Society, Inc., certain land
18 and buildings described in section 2 SUBSECTION (B) for fair <--
19 market value as determined by independent appraisal in
20 accordance with an Agreement of Sale dated February 16, 2001.
1 Section 2. The property to be conveyed pursuant to section 1 <--
2 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED <--
3 PURSUANT TO SUBSECTION (A) consists of approximately .08 acres
4 and a house bounded and more particularly described as follows:
5 BEGINNING at a nail on the north inside pavement line of East
6 King Street (said pavement being approximately 11 feet in
7 width); thence with the lands now or formerly of Guy A.
8 Patterson, North 9 degrees 22 minutes 2 seconds East 99.17 feet
9 to an iron pin; thence by other lands nor or formerly of the
10 Redevelopment Authority of the County of Franklin, South 80
11 degrees 15 minutes 57 seconds East 34.64 feet to an iron pin;
12 thence by lands now or formerly of John F. Abbott, et al, South
13 9 degrees 13 minutes 1 second West 99.14 feet to an iron pin on
14 the north inside pavement line; thence with the North inside
15 pavement line, North 80 degrees 18 minutes 34 seconds West 34.9
16 feet to the place of BEGINNING.
17 CONTAINING .08 acres more or less.
18 AND BEING the same land conveyed to the Commonwealth of
19 Pennsylvania by deed of the Redevelopment Authority of the
20 County of Franklin, dated November 9, 1973, recorded in Franklin
21 County, Deed Book Volume 698 at page 224.
22 Section 3. (C) CONDITIONS.--The conveyance shall be made <--
23 under and subject to all lawful and enforceable easements,
24 servitudes and rights of others, including, but not confined to
25 streets, roadways and rights of any telephone, telegraph, water,
26 electric, gas or pipeline companies, as well as under and
27 subject to any lawful and enforceable estates or tenancies
28 vested in third persons appearing of record, for any portion of
29 the land or improvements erected thereon.
30 Section 4. (D) RESTRICTIVE CLAUSES.--The deed of conveyance <--
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1 shall contain the following restrictive clauses:
2 (1) Under and subject to the condition that the lands
3 conveyed herein shall be used for historical
4 exhibition/public purposes only. Should the Grantee allow the
5 lands conveyed to be used for any other purpose, or attempts
6 to convey the premises, title shall immediately revert to and
7 revest in the Grantor. However, the Grantor and Grantee, or
8 their successors and assigns, agree that should the within-
9 named Grantee, or its successors, dissolve or cease to remain
10 in existence, then the Grantee, or its successors, may allow
11 title to the above-described real estate to be conveyed to a
12 successor organization that has the same objectives, purposes
13 and goals as the Grantee, said conveyance to be subject to
14 the other covenants and restrictions set forth in this deed.
15 Nothing in this covenant shall be construed to limit the
16 Grantee's ability to lease the lands conveyed herein.
17 (2) Under and subject to the condition that the Grantee
18 shall ensure that any design for new construction,
19 rehabilitation, alteration or demolition work on the property
20 is compatible with its original architectural design and
21 landscape/site plan in terms of scale, massing, fenestration,
22 materials and color, and is consistent with the recommended
23 approaches in the Secretary of the Interior's "Standards for
24 Rehabilitation and Guidelines for Rehabilitating Historic
25 Buildings," as revised in 1995. Further, no new construction,
26 demolition, alteration, remodeling or landscaping/site work
27 shall be undertaken or permitted to be undertaken on the
28 property without the prior written approval of the
29 Pennsylvania Historical and Museum Commission and signed by a
30 duly authorized representative thereof.
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1 Section 5. (E) DEED.--The deed of conveyance shall be by <--
2 Special Warranty Deed and shall be executed by the Secretary of
3 General Services in the name of the Commonwealth of
4 Pennsylvania.
5 Section 6. (F) COSTS.--Costs and fees incidental to this <--
6 conveyance shall be borne by the Grantee.
7 Section 7. (G) DISPOSAL.--In the event that this conveyance <--
8 is not executed within 12 months of the effective date of this
9 act, the property may be disposed of in accordance with Article
10 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as
11 The Administrative Code of 1929.
12 SECTION 2. REMOVAL OF RESTRICTIONS ON LANDS IN SMITHFIELD <--
13 TOWNSHIP.
14 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
15 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
16 THE COMMONWEALTH TO EXECUTE A DEED TO REMOVE CERTAIN
17 RESTRICTIONS IMPOSED ON THE LANDS CONVEYED OR TO BE CONVEYED TO
18 SMITHFIELD TOWNSHIP UNDER SECTION 2(D)(1) AND (2) OF THE ACT OF
19 JUNE 26, 2001 (P.L.749, NO.76), ENTITLED "AN ACT AUTHORIZING AND
20 DIRECTING THE DEPARTMENT OF TRANSPORTATION, WITH THE APPROVAL OF
21 THE GOVERNOR, TO CONVEY TO SCRANTON SCHOOL DISTRICT TWO PARCELS
22 OF LAND SITUATED IN THE CITY OF SCRANTON, LACKAWANNA COUNTY,
23 PENNSYLVANIA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF
24 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
25 AND CONVEY TO SMITHFIELD TOWNSHIP OR ITS ASSIGNS CERTAIN LANDS
26 SITUATE IN SMITHFIELD TOWNSHIP, HUNTINGDON COUNTY; AND MAKING A
27 REPEAL," UPON SMITHFIELD TOWNSHIP PROVIDING, AT ITS SOLE EXPENSE
28 AND TO THE SATISFACTION OF BOTH THE DEPARTMENT OF GENERAL
29 SERVICES AND DEPARTMENT OF CORRECTIONS, A REPLACEMENT WATER
30 SUPPLY FOR SCI-HUNTINGDON.
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1 (B) DEED.--THE DEED SHALL BE EXECUTED BY THE SECRETARY OF
2 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
3 PENNSYLVANIA.
4 (C) COSTS.--COSTS AND FEES INCIDENTAL TO REMOVING THE
5 RESTRICTIONS SHALL BE BORNE BY THE GRANTEE.
6 Section 8 3. This act shall take effect immediately. <--
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