Amendment 10804 to House Bill 1968 P.N. 4077, Regular Session 2015-2016

H1968B4077A10804 LKK:CDM 10/24/16 #90 A10804

AMENDMENTS TO HOUSE BILL NO. 1968

Sponsor: SENATOR SCARNATI

Printer's No. 4077

Amend Bill, page 1, line 13, by striking out "AND"

Amend Bill, page 1, line 17, by striking out the period after

"COUNTY" and inserting

; authorizing the Department of General Services, with the

approval of the Pennsylvania State Police and the Governor,

to grant and convey to Jefferson County certain lands situate

in Young Township, Jefferson County; and 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.

Amend Bill, page 17, by inserting between lines 25 and 26

Section 5. Conveyance in Young Township, Jefferson County.

(a) Authorization.--The Department of General Services, with

the approval of the Pennsylvania State Police and the Governor,

is hereby authorized on behalf of the Commonwealth to grant and

convey to Jefferson County certain lands and any improvements

located thereon, situate in Young Township, Jefferson County,

for $24,000.

(b) Property description.--The property to be conveyed

pursuant to subsection (a) consists of approximately 3.74 acres

of land, and any improvements thereon, bounded and more

particularly described as follows:

ALL THAT CERTAIN tract or lot of land situate in the Township

of Young, County of Jefferson and Commonwealth of Pennsylvania,

bounded and described according to a survey thereof made by

Walter J. Zimmerman, Surveyor, Punxsutawney, Pennsylvania, dated

September 1946, as follows, to wit:

BEGINNING at an iron pin in the line of land now or formerly

of the J. Long Estate; said pin being located South eighty-nine

degrees, thirty minutes (80º 30') West, one hundred thirty-nine

and five tenths feet (139.5') along said Long Estate line from a

post at corner common to said land now or formerly of the J.

Long Estate, land of Clyde and Lee Anthony and land now or

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formerly of Gust Beezer and along being located South eighty-

nine degrees, thirty minutes (89º 30') West, sixteen feet (16')

along said Long Estate line from the original corner common to

H. Barry and L. B. Anthony; thence along a line parallel with

and sixteen feet (16') Westwardly at right angles from the

original H. Barry and L. B. Anthony line and crossing the public

road known as Pennsylvania State Highway Route No. 078, South no

degrees, thirty minutes (0º 30') East, five hundred forth-three

(543') to an iron pin on line of land now or formerly of Blair

Postlewait; thence along line of said land South eighty-nine

degrees, thirty minutes (89º 30') West, three hundred feet

(300') to an iron pin; thence by a line through the original

tract of which the tract hereby described was a part North no

degrees, thirty minutes (0º 30') West, five hundred forty-three

feet (543') to an iron pin on line of land now or formerly of

the J. Long Estate; thence along line of said land re crossing

the public road, North eighty-nine degrees, thirty minutes (89º

30') East, three hundred feet (300') to an iron pin at the place

of BEGINNING.

CONTAINING approximately 3.74-acres of land.

BEING the same premises acquired by the Commonwealth of

Pennsylvania from Bell Telephone Company of Pennsylvania by

deed, dated May 14, 1962, and recorded with the Recorder of

Deeds for the County of Jefferson at Deed Book 357, Page 24.

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.

(d) Deed.--The deed of conveyance shall be by Special

Warranty Deed and shall be executed by the Secretary of General

Services in the name of the Commonwealth of Pennsylvania.

(e) Costs.--Costs and fees incidental to this conveyance

shall be borne by the Grantee.

(f) Alternative disposition.--In the event that this

conveyance is not completed within one year of the effective

date of this act, the authority contained herein shall expire.

Section 6. Conveyance in Fulton Township, Lancaster County.

(a) Authorization.--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 of Pennsylvania to grant and convey to Southern

Lancaster County Historical Society certain lands and any

improvements thereon described in subsection (b), the property

being known locally as the historic Robert Fulton Birthplace

situate in Fulton Township, Lancaster County, for $1.

(b) Property description.--The property to be conveyed under

subsection (a) consists of 60.357 acres and any improvements

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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

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.

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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

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.

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.

(d) Conditions.--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 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.

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(e) 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) 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:

(i) 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 preservation standards acceptable to the Pennsylvania

Historical and Museum Commission.

(ii) 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.

(iii) The landscape of the Robert 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.

(iv) 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.

(v) 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:

(A) Timely notice shall be afforded to the

Commission in advance of any such requested work on

the subject property.

(B) 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.

(vi) Archeology and other Ground Disturbing

Activities. Mining, excavating, dredging or removing

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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.

(A) 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.

(B) 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) 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) 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) 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) 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.

(f) Deed.--The deed of conveyance shall be executed by the

Secretary of General Services in the name of the Commonwealth of

Pennsylvania.

(g) Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the Grantee. The conveyance under

this act shall be exempt from the realty transfer tax

established under Article XI-C of the act of March 4, 1971

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(P.L.6, No.2), known as the Tax Reform Code of 1971.

(h) Alternative disposition.--If the conveyance is not

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

the authority under this act shall expire.

Amend Bill, page 17, line 26, by striking out "5" and

inserting

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