Regular Session 2015-2016 House Bill 1953 P.N. 3081

PRINTER'S NO. 3081

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1953

Session of

2015

INTRODUCED BY SCHLEGEL CULVER, APRIL 5, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 5, 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 Warrior Run-Fort

Freeland Heritage Society certain lands situate in Delaware

Township, Northumberland 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 the Warrior Run-Fort Freeland Heritage Society certain

lands and any improvements thereon described under section 2,

the property being known locally as the historic Warrior Run

Church and Cemetery situate in Delaware Township, Northumberland

County, for $1.

Section 2. Property description.

The property to be conveyed under section 1 consists of 3.46

acres and any improvements located thereon, more particularly

described as follows:

ALL THAT CERTAIN tract of land situate in Delaware Township,

Northumberland County, Pennsylvania, bounded and described as

follows, to wit:

BEGINNING at a point which is the intersection of the west

side of the right-of-way of State Highway Route No.18 and the

north side of the right-of-way of State Highway Route 49-061;

thence north 17 degrees forty minutes east a distance of 249.0

feet to a point; thence north 72 degrees, 20 minutes west a

distance of 15.0 feet to a point; thence north 17 degrees, 40

minutes east a distance of 74.65 feet to a point; thence south

86 degrees, 33 minutes west a distance of 640.1 feet to a point

in the centerline of L. R. 49099, thence south 3 degrees, 27

minutes east along said centerline a distance of 66.0 feet to a

point; thence north 86 degrees, 33 minutes east a distance of

102.3 feet to a point; thence south 3 degrees, 27 minutes east a

distance of 144.3 feet to a point; thence south 80 degrees, 50

minutes east a distance of 446.9 feet to the place of BEGINNING.

CONTAINING 3.46 acres more or less;

HAVING ERECTED THEREON a church known as the Warrior Run

Church, a cemetery and other improvements.

BEING the same tract of land acquired by the Commonwealth of

Pennsylvania, from the Presbytery of Northumberland, Inc., by

deed dated April 15, 1970 and recorded April 28, 1971 in the

Office of the Recorder of Deeds of Northumberland County,

Pennsylvania, in Deed Book 493, Page 1. (A corrective deed dated

June 1, 1971, was recorded June 10, 1971 in the Office of the

Recorder of Deeds of Northumberland County, Pennsylvania, in

Deed Book 493, Page 917, for the purpose of correcting the

aforesaid DB 493, P 1, which erroneously referred to the

location of the above recited property as Turbot Township, which

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was the former name of the present township known as Delaware

Township.)

BEING Tax Parcel Nos. 021-00-011-020 and 021-00-011-021.

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.

Section 5. Restrictive covenants.

The following restrictive covenants shall be included in the

deed of conveyance:

Declaration of Restrictive Covenants for Historic Preservation

Warrior Run Church and Cemetery Delaware Township,

Northumberland County, Pennsylvania

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(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 Warrior

Run Church and Cemetery 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 Warrior Run Church

and Cemetery, 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.

Church and Cemetery 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. The Grantee,

its successor and assigns shall not disturb and shall

maintain the graves/memorials. This covenant shall be

binding on the Grantee, its successors and assigns in

perpetuity.

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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 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

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 the Warrior Run Church and

Cemetery, which shall revert to and reinvest in the

Commonwealth by operation of law should any sale, transfer,

or use of the Warrior Run Church and Cemetery be inconsistent

with or in violation of the restrictions contained herein.

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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. 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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