AN ACT

 

1Authorizing and directing the Department of General Services,
2with the approval of the Pennsylvania Historical and Museum
3Commission and the Governor, to grant and convey to the
4Borough of Ashland or their assigns certain lands situate in
5the Borough of Ashland, Schuylkill County, Pennsylvania, a
6portion of which is subject to Project 70 restrictions.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Conveyance in Ashland Borough, Schuylkill County.

10(a) Authorization.--The Department of General Services, with
11the approval of the Pennsylvania Historical and Museum
12Commission and the Governor, is authorized and directed on
13behalf of the Commonwealth of Pennsylvania to grant and convey
14to the Borough of Ashland certain land and improvements
15described in subsection (b).

16(b) Description of property.--The property to be conveyed
17pursuant to this section consists of 6.2 acres, more or less,
18and improvements known as the Museum of Anthracite Mining in the
19Borough of Ashland, Schuylkill County, Pennsylvania, more
20particularly bounded and described as follows:

1Beginning at a point which is the southwest corner of
2Fifteenth and Pine Streets, thence along the west line of
3Fifteenth Street and Pine Streets, South 6° 22' East, three
4hundred (300) feet to a point in the south line of Oak Street,
5thence along the south line of Oak Street, S. 83° 38' West, five
6hundred (500) feet to a point which is also the southeast corner
7of Seventeenth and Oak Streets, thence along the east line of
8Seventeenth Street South 6° 22' East, one hundred (100) feet to
9a point, thence South 83° 38' West, three hundred (300) feet to
10a point in the east line of Eighteenth Street, thence along the
11east line of Eighteenth Street North 6° 22' West four hundred
12(400) feet to a point in the south line of Pine Street, and
13thence along the south line of Pine Street North 83° 38' East
14eight hundred (800) feet to the place of beginning, containing
15six and twenty hundredths (6.20) acres as recorded in Deed Book
161133, Page 392 and Tax Map and Parcel Numbers 38-06-0397.000,
1738-06-0398.000, 38-06-0399.000 and 38-06-0401.000.

18(c) Consideration.--The conveyance authorized by this
19section shall be made in exchange for $1, hereby tendered, by
20special warranty deed, from the Commonwealth of Pennsylvania to
21the Borough of Ashland, acting by and through its Department of
22General Services on behalf of the Pennsylvania Historical and
23Museum Commission.

24(d) Gaming restriction.--The conveyance authorized by this
25section shall be made under and subject to the condition, which
26shall be contained in the deed of conveyance, that no portion of
27the property conveyed shall be used as a licensed facility, as
28defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
29other similar type facility authorized under State law. The
30condition shall be a covenant running with the land and shall be

1binding upon the grantee, its successors and assigns. Should the
2grantee, its successors or assigns permit any portion of the
3property authorized to be conveyed in this section to be used in
4violation of this subsection, the title shall immediately revert
5to and revest in the grantor.

6(e) Project 70 restriction.--A portion of the land described
7in subsection (b), consisting of approximately 1.13 acres,
8continues to be subject to the restrictions under the act of
9June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
10Land Acquisition and Borrowing Act. Therefore, under section 20
11of that act, the following clause shall be inserted in the deed
12of conveyance:

13"With respect to approximately 1.13 acres of land in the
14southwest corner of the parcel that is conveyed by this deed,
15which acreage is contained in Parcel No. 3 described in the deed
16of conveyance to the Borough of Ashland recorded on May 17,
171967, in the Office of Recorder of Deeds in and for Schuylkill
18County, in Deed Book 1085, page 1037, this indenture is given to
19provide land for recreation, conservation, and historical
20purposes, as said purposes are defined in the Project 70 Land
21Acquisition and Borrowing Act, approved June 22, 1964, P.L.
22131."

23(f) Limitation on use.--The following clause shall be
24inserted in the deed of conveyance:

25"Under and Subject to the condition that the property
26conveyed shall be used as a museum and municipal office, and for
27no other purposes. The condition shall be a covenant running
28with the land and shall be binding upon the Grantee its
29successors or assigns. Should the Grantee permit any portion of
30the property conveyed to be used in violation of this

1restriction, the title shall immediately revert to and revest in
2the Grantor."

3(g) Public access condition.--The following clause shall be
4inserted in the deed of conveyance:

5"Under and Subject to the condition that the Grantee provides
6reasonable public access to the building and Premises. The
7condition shall be a covenant running with the land and shall be
8binding upon the Grantee, its successors or assigns."

9(h) Improvements condition.--The following clause shall be
10inserted in the deed of conveyance:

11"Under and Subject to the condition that the Grantee
12maintains and preserves the Premises to ensure that any
13improvements to the property will be consistent with the
14continuing use of the property as a museum. Any renovations,
15additions or alterations, either internal or external, shall be
16performed in such fashion as to insure that the impression given
17by the décor of the Premises is that the museum is a significant
18part thereof. The condition shall be a covenant running with
19the land and shall be binding upon the Grantee, its successors
20or assigns."

21(i) Other conditions.--The conveyance authorized by this
22section shall be made under and subject to all lawful and
23enforceable easements, servitudes and rights of others,
24including, but not confined to, streets, roadways and any rights
25of any telephone, telegraph, water, electric, gas or pipeline
26companies, as well as under and subject to any lawful and
27enforceable estates or tenancies vested in third persons
28appearing of record, for any portion of the land or improvements
29erected thereon.

30(j) Deed of conveyance.--The deed of conveyance authorized

1under subsection (a) shall be by special warranty deed and shall
2be executed by the Secretary of General Services in the name of
3the Commonwealth of Pennsylvania.

4(k) Costs and fees.--The Grantee shall bear all fees and
5costs incidental to these conveyances.

6Section 2. Effective date.

7This act shall take effect immediately.