| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY EARLL, MAY 2, 2012 |
| |
| |
| REFERRED TO STATE GOVERNMENT, MAY 2, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Authorizing the Department of General Services, with the |
2 | approval of the Pennsylvania Historical and Museum Commission |
3 | and the Governor, to grant and convey to the Erie Art Museum, |
4 | certain lands situate in the City of Erie, Erie County. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Conveyance in City of Erie, Erie County, known as |
8 | Cashiers House. |
9 | (a) Authorization.--The Department of General Services, with |
10 | the approval of the Pennsylvania Historical and Museum |
11 | Commission and the Governor, is hereby authorized on behalf of |
12 | the Commonwealth of Pennsylvania to grant and convey to the Erie |
13 | Art Museum two tracts of land, including any improvements |
14 | located thereon, the property being known locally as the |
15 | Cashiers House, as described in subsection (b) for $1. |
16 | (b) Property description.--The property to be conveyed |
17 | pursuant to subsection (a) consists of approximately 0.15 acres, |
18 | including any improvements located thereon, more particularly |
19 | described as follows: |
|
1 | Parcel 1 |
2 | ALL THAT CERTAIN parcel of land situate in the First Ward of |
3 | the City of Erie, Erie County, bounded and described as follows: |
4 | COMMENCING at a distance of 152 ½ feet from the Southeast |
5 | corner of Fourth and State Streets; thence along the East side |
6 | of State Street, South 27 degrees East, 30 feet to a point; |
7 | thence North 63 degrees East, 125 feet, more or less, to a brick |
8 | wall, being the West face of wall of a building and the East |
9 | Face of a building known as Woodruff Building herein conveyed; |
10 | thence North 27 degrees West, 30 feet to a point in the South |
11 | line of the property herein described; thence South 63 degrees |
12 | West 125 feet, more or less, to the East line of State Street, |
13 | the place of beginning. |
14 | BEING a part of In Lots Nos. 2585, 2586, 2587 and 2588. |
15 | Parcel 2 |
16 | ALL THAT CERTAIN parcel of land situate in the First Ward of |
17 | the City of Erie, Erie County, being part of In Lots Nos. 2587 |
18 | and 2588, bounded and described as follows: |
19 | BEGINNING at a point 82 ½ feet South of the South line of |
20 | Fourth Street in a line parallel with the East line of State |
21 | Street, and situate 125 feet Eastwardly from the East line of |
22 | said State Street; thence Eastwardly parallel with Fourth |
23 | Street, 30 feet to the West line of an alley 10 feet wide; |
24 | thence Southwardly along the West line of said alley and |
25 | parallel with State Street 100 feet; thence Westwardly parallel |
26 | with Fourth Street 30 feet; thence Northwardly parallel with |
27 | State Street 100 feet to the place of BEGINNING. |
28 | BOTH PARCELS BEING the same lands conveyed to the General |
29 | State Authority (predecessor to the Department of General |
30 | Services) by deed from the First National Bank of Erie, Receiver |
|
1 | of the Erie Drug Company, dated July 17, 1963, and recorded in |
2 | the Erie County Recorder of Deeds Office in Deed Book 879, Page |
3 | 265. |
4 | (c) Easements.--The conveyance shall be made under and |
5 | subject to all lawful and enforceable easements, servitudes and |
6 | rights of others, including, but not confined to, streets, |
7 | roadways and rights of any telephone, telegraph, water, |
8 | electric, gas or pipeline companies, as well as under and |
9 | subject to any lawful and enforceable estates or tenancies |
10 | vested in third persons appearing of record, for any portion of |
11 | the land or improvements erected thereon. |
12 | (d) Deed restrictions.--Any conveyance authorized under this |
13 | act shall be made under and subject to the condition, which |
14 | shall be contained in the deed of conveyance, that no portion of |
15 | the property conveyed shall be used as a licensed facility, as |
16 | defined in 4 Pa.C.S. § 1103 (relating to definitions), or any |
17 | other similar type of facility authorized under State law. The |
18 | condition shall be a covenant running with the land and shall be |
19 | binding upon the grantee, its successors and assigns. Should the |
20 | grantee, its successors or assigns permit any portion of the |
21 | property authorized to be conveyed in this act to be used in |
22 | violation of this subsection, the title shall immediately revert |
23 | to and revest in the grantor. |
24 | (e) Restrictive covenants.--The following restrictive |
25 | covenants shall be included in the deed of conveyance: |
26 | "Under and Subject to the condition that the buildings and |
27 | land conveyed herein shall be reasonably accessible to the |
28 | general public and maintained and preserved according to the |
29 | Secretary of the Interior's Standards for Rehabilitation and |
30 | Guidelines for Rehabilitating Historic Buildings, as revised in |
|
1 | 1995. Should the grantee, its successors or assigns fail to |
2 | provide reasonable access to the general public, or fail to |
3 | maintain and preserve the property as set forth herein, the |
4 | title to the property will immediately revert to and revest in |
5 | the grantor. |
6 | Furthermore, the grantee shall ensure that any design for new |
7 | construction, rehabilitation, alteration or demolition work on |
8 | the property is compatible with its original architectural |
9 | design and landscape/site plan in terms of scale, massing, |
10 | fenestration, materials and color, and is consistent with the |
11 | recommended approaches in the Secretary of the Interior's |
12 | Standards for Rehabilitation and Guidelines for Rehabilitating |
13 | Historic Buildings, as revised in 1995. |
14 | No new construction, demolition, alteration, remodeling or |
15 | landscaping/site work shall be undertaken or permitted to be |
16 | undertaken on the property without the prior, written approval |
17 | of the Pennsylvania Historical and Museum Commission, or its |
18 | successor, and signed by a duly authorized representative |
19 | thereof. |
20 | These covenants are binding on the grantee, its successors or |
21 | assigns in perpetuity." |
22 | (f) Execution of deed.--The deed of conveyance shall be |
23 | executed by the Secretary of General Services in the name of the |
24 | Commonwealth of Pennsylvania. |
25 | (g) Costs and fees.--Costs and fees incidental to this |
26 | conveyance shall be borne by the grantee. |
27 | (h) Expiration of authority.--In the event that the |
28 | conveyance is not effectuated within one year of the effective |
29 | date of this section, the authority contained in this section |
30 | shall expire. |
|
1 | Section 2. Effective date. |
2 | This act shall take effect immediately. |
|