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A07094
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1990
Session of
2015
INTRODUCED BY MAJOR, HELM, YOUNGBLOOD, PICKETT, MILLARD,
D. COSTA, DiGIROLAMO, EVERETT AND WARD, APRIL 12, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 12, 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 Associate Members of
Old Mill Village Museum, Inc., certain lands situate in New
Milford Township, Susquehanna County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Authorization for 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 Associate Members of Old Mill Village Museum, Inc.,
certain lands and any improvements thereon described under
section 2, the property being known locally as the historic Old
Mill Village, situate in New Milford Township, Susquehanna
County, for $1.
Section 2. Property description.
The property to be conveyed under section 1 consists of
29.10-acres, including any improvements located thereon, more
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particularly described as follows:
TRACT 1
ALL THAT CERTAIN piece, parcel, and lot of land situate in
New Milford Township, Susquehanna County, Pennsylvania and shown
upon a plan entitled Boundary Survey on Lands of Commonwealth of
Pennsylvania Old Mill Village, prepared by the Larson Design
Group, file 5075-037, dated February 25, 2015; bounded and
described as follows:
BEGINNING at a point in the center of Meylert Creek and on
the northern line of lands of Charles M. and Mary Ann Jorgenson
and also being the southwest corner of the parcel herein
described; thence from the point and place of beginning and
along the center of said creek, also being the southern line of
other lands of the Commonwealth of Pennsylvania, North 07
degrees 15 minutes 15 seconds East, 70.20 feet to a point in
center of aforesaid creek; thence along the southern line of
other lands of the Commonwealth of Pennsylvania, North 60
degrees 32 minutes 03 seconds East, 142.29 feet to an existing
steel pin on the northern line of lands of Charles M. and Mary
Ann Jorgenson; thence along the northern line of lands of
aforesaid Jorgenson, South 43 degrees 33 minutes 08 seconds
West, (passing through an existing steel pin and cap in concrete
at 146.06 feet) 192.66 feet to the point and place of BEGINNING.
CONTAINING 0.0919 acres.
BEING Tax Parcel No. 109.00-1,077.00
TRACT 2
ALL THAT CERTAIN piece, parcel, and lot of land situate in
New Milford Township, Susquehanna County, Pennsylvania and shown
upon a plan entitled Boundary Survey on Lands of Commonwealth of
Pennsylvania Old Mill Village, prepared by the Larson Design
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Group, file 5075-037, dated February 25, 2015; bounded and
described as follows:
BEGINNING at a point in the centerline of Pennsylvania State
Route 0848, said point being on the southern line of lands of
Steven and Ruth M. Roman and also being the northwest corner of
the parcel herein described; thence from the point and place of
beginning and along the southern line of lands of aforesaid
Roman, North 86 degrees 09 minutes 53 seconds East, (passing
through a set steel pin in concrete at 26.11 feet) 1822.89 feet
to an existing nail in stones at the northern corner of lands of
Byron and Renee Sands; thence along the northern line of lands
of aforesaid Sands and lands of Mark D. and Christine E. Jones,
South 43 degrees 31 minutes 27 seconds West, 945.31 feet to an
existing steel pin at the northern corner of lands of Martha A.
and Jeffrey W. Broad and lands of James P. Yeich; thence along
the northern line of lands of aforesaid Yeich, South 43 degrees
04 minutes 17 seconds West, 773.84 feet to an existing steel pin
and cap at the northern corner of lands of Charles M. and Mary
Ann Jorgenson; thence along the northern line of lands of
aforesaid Jorgenson, South 43 degrees 33 minutes 08 seconds
West, 107.39 feet to an existing steel pin at the northeast
corner of other lands of the Commonwealth of Pennsylvania (Tax
Parcel No. 109.00-1,077.00); thence along the northern line of
other lands of the Commonwealth of Pennsylvania the two
following courses and distances:
1. South 60 degrees 32 minutes 03 seconds West, 142.29
feet to a point in the center of Meylert Creek;
2. Thence along the center of Meylert Creek, South 07
degrees 15 minutes 15 seconds West, 70.20 feet to a point on the
northern line of lands of Charles M. and Mary Ann Jorgenson
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Thence along the northern line of lands of aforesaid
Jorgenson and passing through Pennsylvania State Route 0848
right of way, South 28 degrees 49 minutes 56 seconds West, 37.28
feet to a point in the centerline of aforesaid State Route 0848,
said point being located in existing bridge deck; thence along
the centerline of Pennsylvania State Route 0848 the seven
following courses and distances:
1. North 18 degrees 15 minutes 33 seconds West, 279.13
feet to a point;
2. By a curve to the right with a radius of 4,369.01
feet, an arc length of 303.12 feet, a delta angle of 03 degrees
58 minutes 31 seconds, and a chord of North 16 degrees 16
minutes 18 seconds West, 303.06 feet to a point;
3. North 14 degrees 17 minutes 02 seconds West, 128.82
feet to a point;
4. By a curve to the left with a radius of 4,970.80 feet,
an arc length of 188.75 feet, a delta angle of 02 degrees 10
minutes 32 seconds, and a chord of North 15 degrees 22 minutes
19 seconds West, 188.74 feet to a point;
5. North 16 degrees 27 minutes 31 seconds West, 436.50
feet to a point;
6. By a curve to the left with a radius of 1,280.66 feet,
an arc length of 92.68 feet, a delta angle of 04 degrees 08
minutes 47 seconds, and a chord of North 18 degrees 31 minutes
55 seconds West, 92.66 feet to a point;
7. North 20 degrees 36 minutes 36 seconds West, 4.32 feet
to the point and place of BEGINNING.
CONTAINING 29.0116 acres.
SUBJECT to the eastern half of Pennsylvania State Route 0848
right of way.
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BEING Tax Parcel No. 109.00-1,079.00
THE ABOVE DESCRIBED TRACTS collectively being the same pieces
or parcels 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 Susquehanna County
on December 17, 1970, at No. 149 January Term 1971, with a
notice of the Declaration of Taking recorded at the Office of
the Recorder of Deeds of Susquehanna County at Deed Book 335,
Page 343.
Section 3. Requirement for conveyance.
The conveyance authorized under this act 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.
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 section,
the title shall immediately revert to and revest in the grantor.
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Section 5. Restrictive covenants.
The following restrictive covenants shall be included in the
deed of conveyance:
The Old Mill Village property was developed with grant funds
provided by the Pennsylvania Department of Conservation and
Natural Resources (hereafter referred to as "the department").
The source of the funds is the Environmental Stewardship Fund
established by the Environmental Stewardship and Watershed
Protection Act, 27 Pa.C.S. § 6101 - 6119 (hereafter known as
"the act"). Project 70 "Land Acquisition and Borrowing Act,"
section 20(b) of which act provides as follows:
"No lands acquired with funds made available under this act
shall be disposed of or used for purposes other than those
prescribed in this act without the express approval of the
General Assembly: Provided, That the Commonwealth or a
political subdivision, as the owner of such lands, may issue
permits, licenses or leases for the exploration, development,
storage and removal of oil, gas or other minerals, or for the
installation and use of water, gas, electric, telephone,
telegraph, oil or oil product lines, under the reasonable
regulations prescribed by the owner consistent with the
primary use of such lands for 'recreation, conservation and
historical purposes.'"
This property, or any portion of it, may not be converted to
purposes other than those authorized under the act. The
Pennsylvania Historical and Museum Commission's responsibilities
established under Article XVIII (Acknowledgement of Assistance),
Article XIX (Maintenance and Open Use Responsibilities), Article
XX (Nondiscrimination Regarding Access/Residency); and Article
XXI (Ownership and Control; Non-Conversion of Use) of the
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department grant agreement shall be performed by the grantee in
perpetuity.
Declaration of Restrictive Covenants for Historic Preservation
for Old Mill Village New Milford Township, Susquehanna 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. Old Mill
Village 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. Old Mill Village, the
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.
(C) Landscape. The landscape of Old Mill Village
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.
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(D) Prohibited Uses. No construction,
alteration, rehabilitation, remodeling, demolition,
site development, ground disturbance, removal of
buildings, addition of buildings, or use inconsistent
with the covenants herein, 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
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
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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,
by and through the Pennsylvania Historical and Museum
Commission, hereby reserves for itself, heirs, successors and
assigns, a right of reverter on Old Mill Village, which shall
revert to and reinvest in the Commonwealth by operation of
law should any sale, transfer, or use of Old Mill Village be
inconsistent with or in violation of the restrictions
contained herein. The Commission, with the concurrence of
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the Department of Conservation and Natural Resources, 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. Deed.
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.
Section 9. Effective date.
This act shall take effect immediately.
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