Regular Session 2015-2016 House Bill 2035 P.N. 3274

PRINTER'S NO. 3274

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2035

Session of

2015

INTRODUCED BY A. HARRIS, MAY 2, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 2, 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 Mifflin County

Historical Society certain lands situate in the Borough of

Lewistown, Mifflin 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 Mifflin County Historical Society certain lands

and any improvements thereon described under section 2, the

property being known locally as the historic McCoy House situate

in the Borough of Lewistown, Mifflin County, for $1.

Section 2. Property description.

The property to be conveyed under section 1 consists of 0.08

acres, including any improvements located thereon, more

particularly described as follows:

ALL THAT CERTAIN house and lot of ground situate in the

Borough of Lewistown, Mifflin County, Pennsylvania, on the West

side of N. Main Street, bounded and described as follow, to wit:

On the North East by N/F Caroline Russ; on the South East by

an alley; on the South West by a public alley and on the North

West by N. Main Street on which is erected a two story brick

dwelling house and other improvements.

BEING the same tract of land acquired by the Commonwealth of

Pennsylvania, from Hanna J. McCoy, and the heirs, Executors,

Administrators and assigns of Margaretta McCoy, deceased,

pursuant to Declaration of Taking, filed in the Office of the

Prothonotary of the Court of Common Pleas of Mifflin County on

October 21, 1967, at No. 267 October Term 1967, with notice of

the Declaration of Taking recorded at the Office of the Recorder

of Deeds of Mifflin County at Deed Book 175, Page 296.

BEING Parcel No. 03,02-0120--,000.

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 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.

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 in 4 Pa.C.S. §

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

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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 section,

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

McCoy House

Borough of Lewistown, Mifflin 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 McCoy

House shall be maintained and preserved as a historic

site accessible by the public and for a demonstrable

public benefit with maintenance and preservation

standards acceptable to the Pennsylvania Historical

and Museum Commission.

(B) Historic Structures. The McCoy House,

historic structures and buildings that comprise the

property, shall be maintained and preserved in

accordance with the Secretary of the Interior's

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Standards for the Treatment of Historic Properties.

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.

(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

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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. The

following shall apply:

(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

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,

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by and through the Pennsylvania Historical and Museum

Commission, hereby reserves for itself, heirs, successors and

assigns, a right of reverter on the McCoy House, which shall

revert to and reinvest in the Commonwealth by operation of

law should any sale, transfer, or use of the McCoy House 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.

Costs and fees incidental to this conveyance shall be borne

by the grantee.

Section 8. Expiration.

If the conveyance authorized under this act is not

effectuated within one year of the effective date of this act,

the authority provided under this act shall expire.

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Section 9. Effective date.

This act shall take effect immediately.

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