Regular Session 2017-2018 House Bill 1287 P.N. 1562

PRINTER'S NO. 1562

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1287

Session of

2017

INTRODUCED BY SCHLEGEL CULVER, APRIL 25, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 25, 2017

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 Warrior Run-Fort

Freeland Heritage Society certain lands situate in Delaware

Township, Northumberland County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in Delaware Township, Northumberland

County.

(a) Authorization.--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 Warrior Run-Fort

Freeland Heritage Society certain lands and any improvements

thereon described under section 2, the property being known

locally as the historic Warrior Run Church and Cemetery situate

in Delaware Township, Northumberland County, for $1.

(b) Description.--The property to be conveyed under section

1 consists of 3.46 acres and any improvements located thereon,

more particularly described as follows:

ALL THAT CERTAIN tract of land situate in Delaware Township,

Northumberland County, Pennsylvania, bounded and described as

follows, to wit:

BEGINNING at a point which is the intersection of the west

side of the right-of-way of State Highway Route No.18 and the

north side of the right-of-way of State Highway Route 49-061;

thence north 17 degrees forty minutes east a distance of 249.0

feet to a point; thence north 72 degrees, 20 minutes west a

distance of 15.0 feet to a point; thence north 17 degrees, 40

minutes east a distance of 74.65 feet to a point; thence south

86 degrees, 33 minutes west a distance of 640.1 feet to a point

in the centerline of L. R. 49099, thence south 3 degrees, 27

minutes east along said centerline a distance of 66.0 feet to a

point; thence north 86 degrees, 33 minutes east a distance of

102.3 feet to a point; thence south 3 degrees, 27 minutes east a

distance of 144.3 feet to a point; thence south 80 degrees, 50

minutes east a distance of 446.9 feet to the place of BEGINNING.

CONTAINING 3.46 acres more or less;

HAVING ERECTED THEREON a church known as the Warrior Run

Church, a cemetery and other improvements.

BEING the same tract of land acquired by the Commonwealth of

Pennsylvania, from the Presbytery of Northumberland, Inc., by

deed dated April 15, 1970 and recorded April 28, 1971 in the

Office of the Recorder of Deeds of Northumberland County,

Pennsylvania, in Deed Book 493, Page 1. (A corrective deed dated

June 1, 1971, was recorded June 10, 1971 in the Office of the

Recorder of Deeds of Northumberland County, Pennsylvania, in

Deed Book 493, Page 917, for the purpose of correcting the

aforesaid DB 493, P 1, which erroneously referred to the

location of the above recited property as Turbot Township, which

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was the former name of the present township known as Delaware

Township.)

BEING Tax Parcel Nos. 021-00-011-020 and 021-00-011-021.

under this act 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.--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 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

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.

(e) Restrictive covenants.--The following restrictive

covenants shall be included in the deed of conveyance:

Declaration of Restrictive Covenants for Historic Preservation

Warrior Run Church and Cemetery Delaware Township,

Northumberland County, Pennsylvania

(1) Covenants. In consideration of the conveyance of the

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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:

(i) Maintenance and Preservation. The Warrior Run

Church and Cemetery 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.

(ii) Historic Structures. The Warrior Run Church and

Cemetery, 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.

(iii) Landscape. The landscape of the Warrior Run

Church and Cemetery 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. The Grantee, its

successor and assigns shall not disturb and shall

maintain the graves/memorials. This covenant shall be

binding on the Grantee, its successors and assigns in

perpetuity.

(iv) Prohibited Uses. No construction, alteration,

rehabilitation, remodeling, demolition, site development,

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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.

(v) 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:

(A) Notice. Timely notice shall be afforded to

the Commission in advance of any such requested work

on the subject property.

(B) 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 request.

(vi) 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:

(A) Archeological Discoveries. In the event

archeological materials are discovered during any

ground disturbing activities, work shall temporarily

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cease and the Commission shall be consulted for

guidance and direction before ground-disturbing work

may continue.

(B) 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

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 Warrior Run Church and

Cemetery, which shall revert to and reinvest in the

Commonwealth by operation of law should any sale, transfer or

use of the Warrior Run Church and Cemetery 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. The 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

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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 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 act

is not effectuated within one year of the effective date of this

act, the authority provided under this act shall expire.

Section 2. Effective date.

This act shall take effect immediately.

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