THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STABACK, FEBRUARY 10, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to the Waymart

Area Historical Society, or its assigns, certain land,

buildings and improvements situate in the Township of Canaan,

Wayne County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in Canaan Township, Wayne 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 the

Waymart Area Historical Society, or its assigns, certain land,

buildings and improvements situate in the Township of Canaan,

Wayne County, for $10,000.

(b)  Property description.--The property to be conveyed

pursuant to this section consists of approximately 2.76 acres

and buildings bounded and more particularly described as

follows:

BEGINNING at a point or corner, located in the center of the

right of way of Route 6/State Route 0006, at the intersection,

with a certain entrance/exit roadway, leading south, into and

through, lands of the Commonwealth of Pennsylvania (D.B. 97, P.

98 - The First (Parcel) Thereof:); thence, along the center of

the right of way of the aforesaid Route 6/State Route 0006, the

following two, curvilinear and/or chord, courses and distances:

Along the arc of a curve to the right, in a northwesterly

direction, having a central angle of 11 degrees 35 minutes 51

seconds, with a radius of 1432.69 feet, a distance or arc length

of 290.00 feet to a point or corner and North 61 degrees 29

minutes 09 seconds West 85.01 feet to a point or corner; thence,

departing from said public highway and through lands formerly of

the Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First

(Parcel) Thereof:); the following four courses and distances:

North 27 degrees 36 minutes 54 seconds East 403.77 feet to an

iron pin corner set, located southwesterly of a certain private

roadway; thence, South 62 degrees 23 minutes 06 seconds East

100.00 feet to an iron pin corner set, located southwesterly of

the aforesaid private roadway; thence, South 24 degrees 43

minutes 05 seconds East 344.28 feet to an iron pin corner set,

located southwesterly of the aforesaid private roadway and;

thence, South 27 degrees 18 minutes 14 seconds West (Crossing a

certain private driveway, at 40 feet (more or less), which

extends northwesterly from its intersection with the aforesaid

private roadway referenced herein) 170.00 feet to the place of

BEGINNING.

CONTAINING 2.76-acres more or less.

BEING part of the same premises conveyed, released and

remised to the Commonwealth of Pennsylvania by The Delaware and

Hudson Company (Formerly the President, Managers, and Company of

the Delaware and Hudson Canal Company), by indenture, dated

February 19, 1907, and recorded in Wayne County Deed Book Volume

97, Page 98.

(c)  Conditions.--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

vested in third persons appearing of record, for any portion of

the land or improvements erected thereon.

(d)  Restricted use.--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 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, its successors and assigns. Should the

Grantee, its successors or assigns, permit any portion of the

property authorized to be conveyed in this section to be used in

violation of this subsection, the title shall immediately revert

to and revest in the Grantor.

(e)  Required use.--The conveyance authorized by this section

shall also be made under and subject to the following covenants,

conditions and restrictions that the Grantee, its successors and

assigns, shall use the property and buildings or structures

existing or hereinafter permitted to be erected on the property

solely for historical and/or historical interpretive purposes.

Any new construction, rehabilitation, alteration or demolition

on the property shall be consistent with and done in accordance

with any standards for rehabilitation and guidelines for

rehabilitating historic buildings adopted by the Secretary of

the Interior. The Grantee, its successors and assigns, shall not

make any physical alterations to the exterior of any structures

on the property except as provided in this act and only with the

prior written consent of the Grantor or its designee. Should the

Grantee, its successors, or assigns, convey or attempt to convey

the property, alter the property without the prior written

consent of Grantor, or utilize the property for any purpose

inconsistent with this subsection, the lands shall immediately

revert to and revest in the Grantor. The covenants, conditions

and restrictions shall run with the land in perpetuity.

(f)  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.

(g)  Costs and fees.--Costs and fees incidental to this

conveyance, which shall not exceed $10,000, shall be borne by

the grantee and paid to the Department of General Services.

(h)  Alternative disposition.--In the event that this

conveyance is not executed within 12 months of the effective

date of this section, the property may be disposed of in

accordance with section 2405-A of the act of April 9, 1929 (P.L.

177, No.175), known as The Administrative Code of 1929.

(i)  Deposit of sale proceeds.--The proceeds from the sale

shall be deposited in the General Fund.

Section 2.  Effective date.

This act shall take effect immediately.