PRINTER'S NO.  2120

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1503

Session of

2012

  

  

INTRODUCED BY ARGALL, APRIL 16, 2012

  

  

REFERRED TO STATE GOVERNMENT, APRIL 16, 2012  

  

  

  

AN ACT

  

1

Authorizing and directing the Department of General Services,

2

with the approval of the Pennsylvania Historical and Museum

3

Commission and the Governor, to grant and convey to the

4

Borough of Ashland or their assigns certain lands situate in

5

the Borough of Ashland, Schuylkill County, Pennsylvania, a

6

portion of which is subject to Project 70 restrictions.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

Section 1.  Conveyance in Ashland Borough, Schuylkill County.

10

(a)  Authorization.--The Department of General Services, with

11

the approval of the Pennsylvania Historical and Museum

12

Commission and the Governor, is authorized and directed on

13

behalf of the Commonwealth of Pennsylvania to grant and convey

14

to the Borough of Ashland certain land and improvements

15

described in subsection (b).

16

(b)  Description of property.--The property to be conveyed

17

pursuant to this section consists of 6.2 acres, more or less,

18

and improvements known as the Museum of Anthracite Mining in the

19

Borough of Ashland, Schuylkill County, Pennsylvania, more

20

particularly bounded and described as follows:

 


1

Beginning at a point which is the southwest corner of

2

Fifteenth and Pine Streets, thence along the west line of

3

Fifteenth Street and Pine Streets, South 6° 22' East, three

4

hundred (300) feet to a point in the south line of Oak Street,

5

thence along the south line of Oak Street, S. 83° 38' West, five

6

hundred (500) feet to a point which is also the southeast corner

7

of Seventeenth and Oak Streets, thence along the east line of

8

Seventeenth Street South 6° 22' East, one hundred (100) feet to

9

a point, thence South 83° 38' West, three hundred (300) feet to

10

a point in the east line of Eighteenth Street, thence along the

11

east line of Eighteenth Street North 6° 22' West four hundred

12

(400) feet to a point in the south line of Pine Street, and

13

thence along the south line of Pine Street North 83° 38' East

14

eight hundred (800) feet to the place of beginning, containing

15

six and twenty hundredths (6.20) acres as recorded in Deed Book

16

1133, Page 392 and Tax Map and Parcel Numbers 38-06-0397.000,

17

38-06-0398.000, 38-06-0399.000 and 38-06-0401.000.

18

(c)  Consideration.--The conveyance authorized by this

19

section shall be made in exchange for $1, hereby tendered, by

20

special warranty deed, from the Commonwealth of Pennsylvania to

21

the Borough of Ashland, acting by and through its Department of

22

General Services on behalf of the Pennsylvania Historical and

23

Museum Commission.

24

(d)  Gaming restriction.--The conveyance authorized by this

25

section shall be made under and subject to the condition, which

26

shall be contained in the deed of conveyance, that no portion of

27

the property conveyed shall be used as a licensed facility, as

28

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

29

other similar type facility authorized under State law. The

30

condition shall be a covenant running with the land and shall be

- 2 -

 


1

binding upon the grantee, its successors and assigns. Should the

2

grantee, its successors or assigns permit any portion of the

3

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

4

violation of this subsection, the title shall immediately revert

5

to and revest in the grantor.

6

(e)  Project 70 restriction.--A portion of the land described

7

in subsection (b), consisting of approximately 1.13 acres,

8

continues to be subject to the restrictions under the act of

9

June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70

10

Land Acquisition and Borrowing Act. Therefore, under section 20

11

of that act, the following clause shall be inserted in the deed

12

of conveyance:

13

"With respect to approximately 1.13 acres of land in the

14

southwest corner of the parcel that is conveyed by this deed,

15

which acreage is contained in Parcel No. 3 described in the deed

16

of conveyance to the Borough of Ashland recorded on May 17,

17

1967, in the Office of Recorder of Deeds in and for Schuylkill

18

County, in Deed Book 1085, page 1037, this indenture is given to

19

provide land for recreation, conservation, and historical

20

purposes, as said purposes are defined in the Project 70 Land

21

Acquisition and Borrowing Act, approved June 22, 1964, P.L.

22

131."

23

(f)  Limitation on use.--The following clause shall be

24

inserted in the deed of conveyance:

25

"Under and Subject to the condition that the property

26

conveyed shall be used as a museum and municipal office, and for

27

no other purposes.  The condition shall be a covenant running

28

with the land and shall be binding upon the Grantee its

29

successors or assigns.  Should the Grantee permit any portion of

30

the property conveyed to be used in violation of this

- 3 -

 


1

restriction, the title shall immediately revert to and revest in

2

the Grantor."

3

(g)  Public access condition.--The following clause shall be

4

inserted in the deed of conveyance:

5

"Under and Subject to the condition that the Grantee provides

6

reasonable public access to the building and Premises. The

7

condition shall be a covenant running with the land and shall be

8

binding upon the Grantee, its successors or assigns."

9

(h)  Improvements condition.--The following clause shall be

10

inserted in the deed of conveyance:

11

"Under and Subject to the condition that the Grantee

12

maintains and preserves the   Premises to ensure that any

13

improvements to the property will be consistent with the

14

continuing use of the property as a museum.  Any renovations,

15

additions or alterations, either internal or external, shall be

16

performed in such fashion as to insure that the impression given

17

by the décor of the Premises is that the museum is a significant

18

part thereof.  The condition shall be a covenant running with

19

the land and shall be binding   upon the Grantee, its successors

20

or   assigns."

21

(i)  Other conditions.--The conveyance authorized by this

22

section shall be made under and subject to all lawful and

23

enforceable easements, servitudes and rights of others,

24

including, but not confined to, streets, roadways and any rights

25

of any telephone, telegraph, water, electric, gas or pipeline

26

companies, as well as under and subject to any lawful and

27

enforceable estates or tenancies vested in third persons

28

appearing of record, for any portion of the land or improvements

29

erected thereon.

30

(j)  Deed of conveyance.--The deed of conveyance authorized

- 4 -

 


1

under subsection (a) shall be by special warranty deed and shall

2

be executed by the Secretary of General Services in the name of

3

the Commonwealth of Pennsylvania.

4

(k)  Costs and fees.--The Grantee shall bear all fees and

5

costs incidental to these conveyances.

6

Section 2.  Effective date.

7

This act shall take effect immediately.

- 5 -