PRINTER'S NO. 3273
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2034
Session of
2015
INTRODUCED BY A. HARRIS, MAY 2, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 2, 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 Juniata County
Historical Society certain lands situate in Beale Township,
Juniata 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 Juniata County Historical Society certain lands
and any improvements thereon described under section 2, the
property being known locally as the historic Tuscarora Academy,
situate in Beale Township, Juniata County, for $1.
Section 2. Property description.
The property to be conveyed under section 1 consists of 0.24
acres and any improvements located thereon, more particularly
described as follows:
ALL THAT CERTAIN tract of land situate in Beale Township,
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Juniata County, Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING in the center of the road and on line of the
Academy lot; thence along said lot south 71 degrees west, 9 rods
to a post; thence along the residue of the tract north 12
degrees west, 5.5 rods to a post; thence by the same north 81½
degrees east 7.1 rods to a post in road; thence along said road
south 36½ degrees east 4.5 rods to a post, the place of
BEGINNING.
CONTAINING 0.24 acres more or less, together with
improvements erected thereon.
BEING the same tract of land acquired by the Commonwealth of
Pennsylvania, from the Congregation of the Lower Tuscarora
Presbyterian Church by deed dated February 26, 1962 and recorded
March 9, 1962 in the Office of the Recorder of Deeds of Juniata
County, Pennsylvania, in Deed Book 96, Page 245.
BEING Tax Parcel No. 1-8-15-E001.
Section 3. Conveyance requirements.
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 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.
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
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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 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
Tuscarora Academy
Beale Township, Juniata 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. The Tuscarora
Academy 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 Tuscarora Academy,
historic structures and buildings that comprise the
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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 Tuscarora
Academy 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,
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
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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. 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
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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 Tuscarora Academy,
which shall revert to and reinvest in the Commonwealth by
operation of law should any sale, transfer, or use of the
Tuscarora Academy 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. 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. 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.
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
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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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