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SENATE AMENDED
PRIOR PRINTER'S NO. 3211
PRINTER'S NO. 3536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2003
Session of
2015
INTRODUCED BY CUTLER AND KORTZ, APRIL 19, 2016
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 15, 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 Southern
Lancaster County Historical Society certain lands situate in
Fulton Township, Lancaster County.; AND AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, TO GRANT AND CONVEY A CERTAIN TRACT OF LAND AND
IMPROVEMENTS THEREON IN LOWER OXFORD TOWNSHIP, CHESTER
COUNTY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 to grant and convey to the Southern Lancaster
County Historical Society certain lands and any improvements
thereon described under section 2 SUBSECTION (B), the property
being known locally as the historic Robert Fulton Birthplace,
situate in Fulton Township, Lancaster County, for $1.
Section 2. Property description.
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(B) PROPERTY DESCRIPTION.--The property to be conveyed under
section 1 SUBSECTION (A) consists of 60.357 acres and any
improvements 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 22ยฐ 49'
11" West 129.04' to a set mag nail; thence continuing along the
same and leaving SR-0222 South 10ยฐ 24' 00" East 51.59' to an
existing iron pin; thence along the same North 73ยฐ 07' 50" East
35.68' to an iron pin set; thence along the same South 16ยฐ 43'
10" East 244.91' to an iron pin set; thence along the same South
64ยฐ 34' 12" West 64.62' to an iron pin set; thence along the
same South 10ยฐ 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 41ยฐ 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 78ยฐ 12' 57" West 674.27' to an existing
railroad spike; thence leaving Fulton Inn Road (T-339) and along
lands of unknown ownership North 23ยฐ 17' 34" East 34.71' to an
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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 61ยฐ 03' 39" West 1033.00 to an iron pin set;
thence continuing along the latter North 61ยฐ 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 11ยฐ 57' 33" East 561.00' to a point in an
unnamed stream; thence continuing along the latter North 18ยฐ 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 58ยฐ 32' 27" East 232.65' to a set mag
nail; thence continuing along the latter and leaving Swift Road
North 15ยฐ 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 73ยฐ 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.
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
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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.
Section 3. Requirements for conveyance.
(C) 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 limited to,
streets, roadways and rights of any telephone, telegraph, water,
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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.
(D) CONDITION.--Any conveyance authorized under this act
SECTION 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. ยง 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 SECTION to be used in violation of
this subsection, the title shall immediately revert to and
revest in the grantor.
Section 5. Restrictive covenants.
(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) 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
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restrictions:
(A) Maintenance and Preservation. 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.
(B) Historic Structures. 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.
(C) Landscape. 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.
(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,
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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
full financial responsibility for any such work.
(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
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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 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) 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.
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Section 6. Execution.
(F) 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.
(G) COSTS AND FEES.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
Section 8. Expiration.
(H) EXPIRATION.--If the conveyance is not effectuated within
one year of the effective date of this act SECTION, the
authority under this act SECTION shall expire.
SECTION 2. CONVEYANCE IN LOWER OXFORD TOWNSHIP, CHESTER COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO WILLOW
CREEK, LLC, THE FOLLOWING TRACT OF LAND, TOGETHER WITH ALL
IMPROVEMENTS THEREON, SITUATE IN LOWER OXFORD TOWNSHIP, CHESTER
COUNTY, FOR $1,500 AND UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN AN AGREEMENT OF SALE.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF APPROXIMATELY .030 ACRES OF LAND AND
IMPROVEMENTS LOCATED THEREON, BOUNDED AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT OF LAND WITH SMALL PUMP HOUSE BUILDING
THEREON ERECTED, SITUATE IN LOWER OXFORD TOWNSHIP, CHESTER
COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT SET AT THE SOUTHWESTERLY CORNER OF THIS
ABOUT-TO BE-DESCRIBED LEASE BOUNDARY, SAID POINT BEING FORMED BY
THE INTERSECTION OF LINES BEING 10 FEET SOUTH AND PARALLEL TO
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THE SOUTH WALL OF THE BUILDING HEREON ERECTED AND ALSO BY A LINE
BEING 10 FEET WEST OF THE WEST WALL OF THE BUILDING, SAID POINT
BEING SET THE FOLLOWING TWO COURSES AND DISTANCES FROM A POINT
SET IN THE CENTERLINE OF PUBLIC ROAD T-331 MARKING A CORNER OF
LAND OF ARTHUR WICHART AND A CORNER OF LINCOLN UNIVERSITY: SOUTH
05 DEGREES 16 MINUTES WEST 764.85 FEET TO A CONCRETE MONUMENT,
NORTH 19 DEGREES 50 MINUTES 49 SECONDS EAST, 50.96 FEET TO A
POINT BEING THE PLACE OF BEGINNING; THENCE LEAVING SAID POINT
AND BY OTHER LAND OF LINCOLN UNIVERSITY, OF WHICH THIS WAS A
PART, THE FOLLOWING COURSES AND DISTANCES TO WIT:
NORTH 12 DEGREES 17 MINUTES EAST 32.00 FEET TO A POINT
SOUTH 77 DEGREES 43 MINUTES EAST 42.00 FEET TO A POINT
SOUTH 12 DEGREES 17 MINUTES WEST 32.00 FEET TO A POINT
NORTH 77 DEGREES 43 MINUTES WEST 42.00 FEET TO A POINT BEING
THE PLACE OF BEGINNING.
CONTAINING .030 ACRES OR 1,344 SQUARE FEET OF LAND BEING THE
SAME MORE OR LESS;
BEING PART OF THE SAME PREMISES WHICH LINCOLN UNIVERSITY, A
CORPORATION, BY DEED DATED MARCH 23, 1971, AND RECORDED IN THE
OFFICE OF THE RECORDER OF DEEDS IN AND FOR CHESTER COUNTY,
PENNSYLVANIA IN BOOK V-39, PAGE 767, GRANTED AND CONVEYED UNTO
THE GENERAL STATE AUTHORITY. THE DEPARTMENT OF GENERAL SERVICES
BEING THE LEGAL SUCCESSOR TO THE GENERAL STATE AUTHORITY
PURSUANT TO ACT 45 OF 1975.
(C) EASEMENTS.--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
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VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
THE LAND OR IMPROVEMENTS ERECTED THEREON.
(D) COVENANT.--THE DEED OF CONVEYANCE SHALL CONTAIN THE
FOLLOWING COVENANT:
"UNDER AND SUBJECT TO THE CONDITION, THAT NO PORTION OF
THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED
FACILITY, AS DEFINED IN 4 PA.C.S. ยง 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 BUYER (GRANTEE), ITS SUCCESSORS AND ASSIGNS. SHOULD
THE BUYER (GRANTEE), ITS SUCCESSORS OR ASSIGNS, PERMIT
ANY PORTION OF THE PROPERTY TO BE USED IN VIOLATION OF
THIS RESTRICTION, THE TITLE SHALL IMMEDIATELY REVERT TO
AND REVEST IN THE SELLER (GRANTOR)."
(E) 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.
(F) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
IN THE GENERAL FUND.
Section 9 3. Effective date.
This act shall take effect immediately.
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