Regular Session 2015-2016 House Bill 2003 P.N. 3211

PRINTER'S NO. 3211

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2003

Session of

2015

INTRODUCED BY CUTLER, APRIL 19, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 19, 2016

AN ACT

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 Southern

Lancaster County Historical Society certain lands situate in

Fulton Township, Lancaster County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance.

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 to grant and

convey to the Southern Lancaster County Historical Society

certain lands and any improvements thereon described under

section 2, the property being known locally as the historic

Robert Fulton Birthplace, situate in Fulton Township, Lancaster

County, for $1.

Section 2. Property description.

The property to be conveyed under section 1 consists of

60.357 acres and any improvements located thereon, more

particularly described as follows:

ALL THAT CERTAIN parcel of land comprised of various tracts

of land better known as the Robert Fulton Birthplace property,

situated in the Township of Fulton, Lancaster County,

Pennsylvania as depicted on a plat titled Robert Fulton

Birthplace Boundary Survey, Commonwealth of Pennsylvania,

prepared by Brehm-Lebo Engineering, Inc., Carlisle,

Pennsylvania, dated June 24, 2015 bounded and described as

follows:

BEGINNING at a set mag nail in the Robert Fulton Highway (SR-

0222) at the lands of Daniel L. and Fannie K. Miller and at the

southeast corner of lands of the Solanco School District, thence

along the lands of Miller and running in SR-0222 South 22° 49'

11" West 129.04' to a set mag nail; thence continuing along the

same and leaving SR-0222 South 10° 24' 00" East 51.59' to an

existing iron pin; thence along the same North 73° 07' 50" East

35.68' to an iron pin set; thence along the same South 16° 43'

10" East 244.91' to an iron pin set; thence along the same South

64° 34' 12" West 64.62' to an iron pin set; thence along the

same South 10° 24' 00" East 323.46' to an iron pin set; thence

along the same and the lands of George H. and Veronica E. Snyder

and the lands of James N. and Sandra L. Sensenig South 41° 52'

28" East 1600.70' to an existing railroad spike in the center of

Fulton Inn Road (T-339); thence running in and through Fulton

Inn Road (T-339) South 78° 12' 57" West 674.27' to an existing

railroad spike; thence leaving Fulton Inn Road (T-339) and along

lands of unknown ownership North 23° 17' 34" East 34.71' to an

iron pin set; then continuing along the latter and the lands of

Elam K. and Lavina Miller and crossing the Robert Fulton Highway

(SR-0222) North 61° 03' 39" West 1033.00 to an iron pin set;

thence continuing along the latter North 61° 23' 22" West

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1056.56' to an existing hickory snag at the corner of the lands

of Christ E. and Sadie E. Stoltzfus; thence along the lands of

Stoltzfus North 11° 57' 33" East 561.00' to a point in an

unnamed stream; thence continuing along the latter North 18° 57'

33" East 681.45' to an iron pin set on the southern edge of

Swift Road (T-468); thence continuing along the latter in and

along Swift Road South 58° 32' 27" East 232.65' to a set mag

nail; thence continuing along the latter and leaving Swift Road

North 15° 05' 15" East 195.32' to an iron pin set at the

southwest corner of lands of the Solanco School District; thence

along the latter South 73° 13' 05" East 792.33' to a set mag

nail in the Robert Fulton Highway (SR-0222), the place of

BEGINNING.

CONTAINING 60.357 acres or 2629130 SF.

BEING Parcel Nos. 280-22818-0-0000 & 280-02561-0-0000

BEING the same piece of parcel of land acquired by the

Commonwealth of Pennsylvania (DGS), from Donald Miller Goss and

Maria A. Goss, husband and wife, by deed dated March 1, 1982,

recorded April 6, 1982 in Record Book I, Volume 84, Page 329 in

the Office of the Recorder of Deeds of Lancaster County.

ALSO BEING the same piece or parcel acquired by the

Commonwealth of Pennsylvania (PHMC), from Fulton Township, by

deed dated February 6, 1979, recorded July 10, 1979 in Record

Book Volume Q, Volume 77, Page 357 in the Office of the Recorder

of Deeds of Lancaster County.

ALSO BEING the same piece or parcel of land acquired by the

General State Authority, from the Commonwealth of Pennsylvania,

Department of Property and Supplies, by deed dated November 12,

1968, recorded December 5, 1968, in the Office of the Recorder

of Deeds of Lancaster County in Record Book L, Volume 58, Page

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587.

The Department of General Services is the successor to the

Department of Property and Supplies and the General State

Authority pursuant to Act 45 of 1975. (Said tract being part of

the premises acquired by Declaration of Takings recited below

and recorded at Record Book X, Volume 54, Page 663 and Record

Book X, Volume 54, Page 661.)

ALSO BEING the same piece or parcel of land acquired by the

Commonwealth of Pennsylvania, pursuant to Declaration of Taking,

filed in the Office of the Prothonotary of the Court of Common

Pleas of Lancaster County on August 25, 1965, at No. 93 August

Term 1965, with a notice of the Declaration of Taking recorded

at the Office of the Recorder of Deeds of Lancaster County at

Record Book X, Volume 54, Page 663.

ALSO BEING the same piece or parcel of land acquired by the

Commonwealth of Pennsylvania, pursuant to Declaration of Taking,

filed in the Office of the Prothonotary of the Court of Common

Pleas of Lancaster County on August 25, 1965, at No. 94 August

Term 1965, with a notice of the Declaration of Taking recorded

at the Office of the Recorder of Deeds of Lancaster County at

Record Book X, Volume 54, Page 661.

Section 3. Requirements for conveyance.

The conveyance shall be made under and subject to all lawful

and enforceable easements, servitudes and rights of others,

including, but not limited 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.

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Section 4. Condition.

Any conveyance authorized under this act shall be made under

and subject to the condition, which shall be contained in the

deed of conveyance, that no portion of the property conveyed

shall be used as a licensed facility, as defined under 4 Pa.C.S.

§ 1103 (relating to definitions), or any other similar type of

facility authorized under State law. The condition shall be a

covenant running with the land and shall be binding upon the

grantee and its successors. Should the grantee or its successors

permit any portion of the property authorized to be conveyed in

this act to be used in violation of this subsection, the title

shall immediately revert to and revest in the grantor.

Section 5. Restrictive covenants.

The following restrictive covenants shall be included in the

deed of conveyance:

Declaration of Restrictive Covenants for Historic Preservation

Robert Fulton Birthplace

Fulton Township, Lancaster County, Pennsylvania

(1) Covenants. In consideration of the conveyance of the

aforementioned real property, Grantee covenants and agrees

for itself, its heirs, administrators, successors and assigns

that the said herein conveyed property shall be subject to

the following historic preservation restrictions and shall do

or refrain from doing with respect to the subject property

all acts required or prohibited by the following preservation

restrictions:

(A) Maintenance and Preservation. The Robert

Fulton Birthplace shall be maintained and preserved

as a historic site accessible by the public and for a

demonstrable public benefit with maintenance and

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preservation standards acceptable to the Pennsylvania

Historical and Museum Commission.

(B) Historic Structures. The Robert Fulton

Birthplace, historic structures and buildings that

comprise the property, shall be maintained and

preserved in accordance with the Secretary of the

Interior's Standards for the Treatment of Historic

properties.

Fulton Birthplace shall be preserved in a manner

consistent with the historic characteristics of the

subject property and shall not be used in any manner

that would impair or interfere with the historic

interpretation of the subject property.

(D) Prohibited Uses. No construction,

alteration, rehabilitation, remodeling, demolition,

site development, ground disturbance, removal of

buildings, addition of buildings or use inconsistent

with this covenant, or any other action, shall be

undertaken or permitted to the subject property

without the prior written approval of the

Pennsylvania Historical and Museum Commission.

(E) Alterations/Modifications/Repairs. With the

prior written approval of the Pennsylvania Historical

and Museum Commission, alterations, modifications,

repairs or other work may be permitted to the subject

property, provided:

(I) Notice. Timely notice shall be afforded

to the Commission in advance of any such

requested work on the subject property.

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(II) Time. The Commission shall have 45 days

from the date of receipt of such notice to review

and approve the requested work in writing.

Consent shall be implied if the Commission does

not issue a written response approving the

request.

(F) Archeology and other Ground Disturbing

Activities. Mining, excavating, dredging or removing

from the subject property any natural resource which

removal would alter the historic value of the

property is prohibited without the prior written

approval of the Commission. Archeological

investigation may be required by the Commission for

any ground disturbing work and Grantee shall bear

full financial responsibility for any such work.

(I) Archeological Discoveries. In the event

archeological materials are discovered during any

ground disturbing activities, work shall

temporarily cease and the Commission shall be

consulted for guidance and direction before

ground disturbing work may continue.

(II) Standards for Archeology. Any

archeological work conducted on the subject

property shall be performed in accordance with

the Secretary of the Interior's Standards and

Guidelines for Archeological Documentation and

any further standards and guidelines the

Commission may require.

(2) Inspection and Compliance. The Commonwealth of

Pennsylvania, by and through the Pennsylvania Historical and

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Museum Commission, reserves the right to enforce these

preservation restrictions and shall, at all reasonable times

and upon reasonable notice, have access to the subject

property for purposes of inspection and compliance with these

historic preservation restrictions.

(3) Right of Reverter. The Commonwealth of Pennsylvania,

by and through the Pennsylvania Historical and Museum

Commission, hereby reserves for itself, heirs, successors and

assigns, a right of reverter on the Robert Fulton Birthplace,

which shall revert to and reinvest in the Commonwealth by

operation of law should any sale, transfer, or use of the

Robert Fulton Birthplace be inconsistent with or in violation

of the restrictions contained herein. The Commission may

waive this provision provided Grantee petitions the

Commission, in writing, for such waiver.

(4) Exclusion. The Grantee agrees that the Commonwealth

of Pennsylvania, by and through any of its agencies, in no

way assumes any obligation whatsoever for maintaining,

repairing or administering the subject property covered by

these restrictive covenants for historic preservation.

(5) Duration. These restrictive covenants for historic

preservation shall be binding in perpetuity on Grantee, its

heirs, administrators, successors and assigns and shall be

applicable to both the land and buildings and shall be deemed

to run with the land.

Section 6. Execution.

The deed of conveyance shall be executed by the Secretary of

General Services in the name of the Commonwealth of

Pennsylvania.

Section 7. Costs and fees.

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Costs and fees incidental to this conveyance shall be borne

by the grantee.

Section 8. Expiration.

If the conveyance is not effectuated within one year of the

effective date of this act, the authority under this act shall

expire.

Section 9. Effective date.

This act shall take effect immediately.

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