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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ARGALL, APRIL 16, 2012 |
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| REFERRED TO STATE GOVERNMENT, APRIL 16, 2012 |
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| AN ACT |
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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: |
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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 |
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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 |
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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 |
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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. |
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