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PRINTER'S NO. 193
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
223
Session of
2019
INTRODUCED BY PICKETT, JANUARY 28, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2019
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 French Azilum, Inc.,
certain lands situate in Asylum Township, Bradford County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Asylum Township, Bradford County.
(a) 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 French Azilum,
Inc., certain lands and any improvements thereon described under
subsection (b), the property being known locally as French
Azilum Historic Site, situate in Asylum Township, Bradford
County, for $1.
(b) Property description.--The property to be conveyed under
subsection (a) consists of 22.83 acres, including any
improvements located thereon, more particularly described as
follows:
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TRACT 1
ALL THAT CERTAIN tract of land situated in Asylum Township,
Bradford County, Pennsylvania in accordance with a plan entitled
Lots #1 & #2 for the Commonwealth of Pennsylvania, prepared by
Steven L. Shaylor, dated December 29, 1982, known as Lot #1,
being more fully bounded and described as follows:
BEGINNING at a point is stonewall, said point being a point
in common with the lands now or formerly of Robert J. &
Geraldine Mosier, now or formerly French Azilum Inc. and Lot #1
as identified on said Plan.
Thence along north eastern property line now or formerly of
Robert J. & Geraldine Mosier the following four (4) courses and
distances:
1. N 69° 27' 24" W a distance of 575.52 feet to a pin
set;
2. Thence N 22° 39' 35" E for a distance of 267.08 feet
to a point at the end of stonewall;
3. Thence N 25° 26' 47" E for a distance of 704.57 feet
to a pin set;
4. Thence N 25° 26' 47" E for a distance of 45.00 feet to
point on the low water mark of the western bank of the
Susquehanna River;
Thence along the low water mark of the western bank of the
Susquehanna River; S 42° 18' 43" E a distance of 395.76 feet to
point on the low water mark of the western bank of the
Susquehanna River; said point being a point in common with now
or formally French Azilum Inc. and Lot #1;
Thence along the common line between now or formerly French
Azilum Inc. and Lot #1, S 09° 32' 29" W a distance of 803.08
feet to point, said point being the point of BEGINNING.
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CONTAINING: 408,351.20 Square Feet or 9.37 Acres.
BEING the same tract 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
Bradford County on September 24, 1968, at No. 475A, July Term
1968, with a notice of the Declaration of Taking recorded at the
Office of the Recorder of Deeds of Bradford County at Book 591,
Page 604.
BEING Parcel Tax ID No. 04-088.00-004-000 000.
TRACT 2
ALL THAT CERTAIN tract of land situated in Asylum Township,
Bradford County, Pennsylvania in accordance with a plan entitled
Lots #1 & #2 for the Commonwealth of Pennsylvania, prepared by
Steven L. Shaylor, dated December 29, 1982, known now or
formerly as French Azilum Inc., being more fully bounded and
described as follows:
BEGINNING at a point is stonewall, said point being a point
in common with the lands now or formerly of Robert J. &
Geraldine Mosier, now or formerly French Azilum Inc. and Lot #1
as identified on said Plan;
Thence along the common property line of Lot #1 and now or
formerly French Azilum Inc. Tract N 09° 32' 29" E a distance of
803.08 feet to point on the low water mark of the western bank
of the Susquehanna River; said point being a point in common
with now or formerly French Azilum Inc. and Lot #1;
Thence along the western bank of the Susquehanna River the
following two (2) courses and distances:
1. S 42° 18' 43" E a distance of 416.83 feet to a point;
2. Thence S 38° 27' 47" E for a distance of 350.60 feet
to a point on the low water mark of the western bank of the
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Susquehanna River; said point also being a point in common with
the lands now or formerly of Francis L. Hagerman;
Thence along the lands now or formerly of Francis L. Hagerman
the following two (2) courses and distances:
1. S 62° 30' 25" W a distance of 86.62 feet to a found
pin;
2. Thence S 27° 52' 13" E for a distance of 220.29 feet
to a point, said point also being a point in common with the
lands now or formerly of Robert J. & Geraldine Mosier;
Thence along the lands now or formerly of Robert J. &
Geraldine Mosier the following four (4) courses and distances:
1. S 61° 44' 40" W a distance of 72.25 feet to a set pin;
2. Thence S 22° 45' 20" E a distance of 78.00 feet to a
set pin;
3. Thence S 61° 44' 40" W a distance of 105.00 feet to a
set pin;
4. Thence S 17° 15' 20" E for a distance of 126.00 feet
to a 36" Oak, said point also being a point in common with the
northern line of T-458 (Queens Road);
Thence along the northern line of T-458 (Queens Road) S 64°
52' 09" W a distance of 142.89 feet to a set pin said point
being a point in common with Lot #2;
Thence along Lot #2 the following four (4) courses and
distances:
1. N 25° 17' 46" W a distance of 163.79 feet to a point;
2. Thence S 64° 52' 20" W a distance of 175.18 feet to a
point;
3. Thence S 53° 20' 40" W a distance of 82.83 feet to a
point;
4. Thence S 23° 45' 40" E for a distance of 156.05 feet
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to a found pin, said point also being a point in common with
the northern line of T-458 (Queens Road);
Thence along the northern line of T-458 (Queens Road) Tract S
65° 54' 40" W a distance of 341.90 feet to a found pin, said
point being a point in common with the lands now or formerly of
Robert J. & Geraldine Mosier;
Thence along the line of lands now or formerly of Robert J. &
Geraldine Mosier; N 09° 32' 29" E a distance of 629.20 feet to
point in a stonewall, said point being the point of BEGINNING.
CONTAINING: 543,011.34 Square Feet or 12.47 Acres.
BEING the same tract 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
Bradford County on September 24, 1968, at No. 475B, July Term
1968, with a notice of the Declaration of Taking recorded at the
Office of the Recorder of Deeds of Bradford County on October
22, 1968 at Book 591, Page 607.
BEING Parcel Tax ID No. 04-088.00-005-000 000.
TRACT 3
ALL THAT CERTAIN tract of land situated in Asylum Township,
Bradford County, Pennsylvania in accordance with a plan entitled
Lots #1 & #2 for the Commonwealth of Pennsylvania, prepared by
Steven L. Shaylor, dated December 29, 1982, known as Lot #2,
being more fully bounded and described as follows:
BEGINNING at a found pin, said point being a point in common
with the northern line of T-458 (Queens Road) and the lands now
or formally French Azilum Inc.;
Thence along the lands now or formerly of French Azilum Inc.
the following four (4) courses and distances:
1. N 23° 45' 40" W a distance of 156.05 feet to a point;
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2. Thence N 53° 20' 40" E a distance of 82.83 feet to a
point;
3. Thence N 64° 52' 20" E a distance of 175.18 feet to a
point;
4. Thence S 25° 17' 46" E a distance of 163.79 feet to a
point, said point also being a point in common with the northern
line of T-458 (Queens Road);
Thence along the northern line of T-458 (Queens Road) the
following two (2) courses and distances:
1. S 62° 03' 37" W a distance of 200.79 feet to set pin;
2. Thence S 65° 54' 40" W a distance of 60.00 feet to a
found pin; said point being the point of BEGINNING.
CONTAINING: 43,160.69 Square Feet or 0.99 Acres.
BEING a portion of Parcel Tax ID No. 04-088.00-005-000 000.
(c) Requirement for conveyance.--The conveyance authorized
under this section 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.
(d) Condition.--The conveyance authorized under this 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. § 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
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binding upon the grantee and its successors. Should the grantee,
or its successors, permit any portion of the property authorized
to be conveyed under this section to be used in violation of
this subsection, the title shall immediately revert to and
revest in the grantor.
(e) Restrictive covenants.--The following restrictive
covenants shall be included in the deed of conveyance:
The French Azilum property was developed with grant funds
provided by the Pennsylvania Department of Conservation and
Natural Resources (hereafter referred to as "the department").
The source of the funds is the Environmental Stewardship Fund
established by 27 Pa.C.S. Ch.61 (relating to environmental
stewardship and protection). This property, or any portion of
it, may not be converted to purposes other than those authorized
under 27 Pa.C.S. Ch.61. The Pennsylvania Historical and Museum
Commission's responsibilities established under Article XVIII
(Acknowledgement of Assistance), Article XIX (Maintenance and
Open Use Responsibilities), Article XX (Nondiscrimination
Regarding Access/Residency) and Article XXI (Ownership and
Control; Non-Conversion of Use) of the department grant
agreement shall be performed by the grantee in perpetuity.
Declaration of Restrictive Covenants for Historic Preservation
French Azilum, Asylum Township, Bradford 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
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following preservation restrictions:
(A) Maintenance and Preservation. French Azilum
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. French Azilum, the
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 French Azilum
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 the covenants herein, 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
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property, provided:
(I) Notice. Timely notice shall be afforded
to the Pennsylvania Historical and Museum
Commission in advance of any such requested work
on the subject property.
(II) Time. The Pennsylvania Historical and
Museum 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 Pennsylvania Historical
and Museum 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
would alter the historic value of the property is
prohibited without the prior written approval of the
Pennsylvania Historical and Museum Commission.
Archeological investigation may be required by the
Pennsylvania Historical and Museum 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
that archeological materials are discovered
during any ground disturbing activities, work
shall temporarily cease and the Pennsylvania
Historical and Museum Commission shall be
consulted for guidance and direction before
ground disturbing work may continue.
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(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
Pennsylvania Historical and Museum 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, and its heirs,
successors and assigns, a right of reverter on French Azilum,
which shall revert to and reinvest in the Commonwealth by
operation of law should any sale, transfer, or use of French
Azilum be inconsistent with or in violation of the
restrictions contained herein. The Pennsylvania Historical
and Museum Commission, with the concurrence of the Department
of Conservation and Natural Resources, may waive this
provision provided Grantee petitions the Pennsylvania
Historical and Museum 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
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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.
(f) Deed.--The deed of conveyance for Tract 1 and Tract 2
shall be by special warranty deed and shall be executed by the
Secretary of General Services in the name of the Commonwealth of
Pennsylvania. The deed of conveyance for Tract 3 shall be by
quitclaim deed and 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.
(h) Expiration.--If the conveyance authorized under this
section is not effectuated within one year of the effective date
of this section, the authority provided under this section shall
expire.
Section 2. Effective date.
This act shall take effect immediately.
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