THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY O'NEILL, ADOLPH, BEAR, BEYER, CALTAGIRONE, CLYMER, DiGIROLAMO, EVERETT, FABRIZIO, FARRY, FLECK, GEIST, GEORGE, GINGRICH, GODSHALL, GROVE, GRUCELA, HARHART, HARPER, KILLION, KORTZ, KOTIK, KULA, MAHONEY, MAJOR, MANDERINO, MARKOSEK, McILVAINE SMITH, MILLARD, MURT, PASHINSKI, PHILLIPS, PYLE, REICHLEY, ROSS, SANTARSIERO, SIPTROTH, SOLOBAY, SONNEY, STEVENSON, TRUE, WATSON AND YOUNGBLOOD, DECEMBER 4, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 4, 2009  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to the Bowman's

Hill Wildflower Preserve Association, Inc., certain lands

situate in Solebury Township, Bucks County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyance in the Township of Solebury, Bucks

County.

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

the approval of the Governor and the Pennsylvania Historical and

Museum Commission, is hereby authorized and directed on behalf

of the Commonwealth to convey to the Bowman's Hill Wildflower

Preserve Association, Inc., for $1 the tract of land described

in subsection (b). In exchange for the $1 consideration, the

Bowman's Hill Wildflower Preserve Association will continue to

maintain, improve, preserve, and beautify the wildflower

preserve and provide overflow parking capacity for Pennsylvania

Historical and Museum Commission's Thompson Neely complex in a

mutually agreeable location to be detailed in the Agreement of

Sale.

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

subsection (a) is described as follows:

All that certain piece or parcel of land situate, lying and

being in Solebury Township, Bucks County, Pennsylvania, bounded

and described as follows:

All that certain tract or parcel of land known as Parcels A, B

and C - Bowman's Hill Wildflower Preserve situated in Solebury

Township, Bucks County, Pennsylvania, as shown on a Boundary

Survey Plan prepared by Barry Isett & Associates, Inc. of

Norristown. Pennsylvania, Job number 146204.001, dated August

10, 2009, said tract being more fully bounded and described as

follows:

Beginning at a point at the intersection of the Centerline of

Aquetong Road with the centerline of River Road;

Thence from said point of beginning and extending along the

centerline of River Road, the eight following courses and

distances,

1.)  South 14 degrees 41 minutes 11 seconds East 303.63 feet to

a point of curve;

2.)  Along a curve to left having a radius of 575.00 feet, an

arc distance of 217.83 feet, a delta of 21 degrees 42 minutes 19

seconds, and a chord of South 25 degrees 32 minutes 21 seconds

East 216.53 feet to a tangent point;

3.)  South 36 degrees 23 minutes 30 seconds East 127.47 feet to

a point of curve;

4.)  Along a curve to the left having a radius of 1,375.00 feet,

an arc distance of 181.75 feet, a delta of 07 degrees 34 minutes

25 seconds and a chord of South 40 degrees 10 minutes 43 seconds

East 181.62 feet to a tangent point;

5.)  South 43 degrees 57 minutes 55 seconds East 197.11 feet to

a point;

6.)  South 42 degrees 55 minutes 40 seconds East 590.31 feet to

a point of curve;

7.)  Along a curve to the left having a radius of 3,000.00 feet,

an arc distance of 305.85 feet, a delta of 05 degrees 50 minutes

29 seconds and a chord of South 45 degrees 50 minutes 54 seconds

East 305.72 feet to a tangent point;

8.)  South 48 degrees 46 minutes 08 seconds East 402.76 feet to

a point; thence partly crossing River Road and along the

approximate line between Solebury Township and Upper Makefield

Township,

9.)  South 72 degrees 51 minutes 46 seconds West 17.98 feet to a

Point in line of Parcel B; thence

10.)  South 50 degrees 21 minutes 11 seconds East 52.09 feet to

a point, a corner of lands now or formerly of the Commonwealth

of Pennsylvania; thence along lands of the Commonwealth of

Pennsylvania and along lands of Block 7 Lot 001 the three

following courses and distances

11.)  South 76 degrees 25 minutes 35 seconds West 477.97 feet to

a rebar found

12.)  North 48 degrees 14 minutes 20 seconds East 33.28 feet to

a point; thence

13.)  South 72 degrees 51 minutes 46 seconds West 3,359.81 feet

to a concrete monument, a corner of lands of Block 36, Lot 63.

passing through a concrete monument situated 311.65 feet

therefrom; thence partly along lands of Block 36, Lot 63,

passing through a rebar w/cap 643.23 feet thereof,

14.)  North 15 degrees 45 minutes 29 seconds West 1,442.96 feet

to a point, a corner of lands of Block 36, Lot 67-6; thence

along Block 36, Lots 67-6, 67-5, and 67-4, passing through two

concrete monuments 83.53 feet and 1,047.78 feet thereof,

15.)  North 64 degrees 21 minutes 28 seconds East 1,978.87 feet

to a point; thence continuing partly along Block 36, Lot 67-4,

along lands of Block 36, Lot 67-2 and partly crossing Aquetong

Road;

16.)  North 03 degrees 37 minutes 00 seconds West 854.10 feet to

a point in the centerline of Aquetong Road; thence along the

centerline of Aquetong Road, the five following courses and

distances:

17.)  South 69 degrees 31 minutes 39 seconds East 182.10 feet to

a point of curve;

18.)  Along a curve to the left having a radius of 1,250.00

feet, an arc distance of 244.08 feet, a delta of 11 degrees 11

minutes 15 seconds and a chord of South 75 degrees 07 minutes 17

seconds East 243.69 feet to a tangent point;

19.)  South 80 degrees 42 minutes 54 seconds East 256.00 feet to

a point of curve;

20.)  Along a curve to the left, having a radius of 12,528.10

feet, an arc distance of 78.51 feet, a delta of 01 degree 46

minutes 45 seconds and a chord of South 81 degrees 36 minutes 17

seconds East 78.50 feet to a tangent point;

21.)  South 82 degrees 29 minutes 40 seconds East 129.70 feet to

the first mentioned point and place of beginning, including all

of Parcel A (inclusive of lots 64, 64.1, and 65), Parcel B and

Parcel C (known as the Mill property) containing: 137.56 acres

of land.

(c)  Visitor's center.--Bowman's Hill Wildflower Preserve

Association, Inc. or its successor, being knowledgeable and

sensitive of the local view shed, shall consult with

Pennsylvania Historical and Museum Commission or its successor

on the location and design of a new visitor's center to minimize

the impact on the view shed from the Thompson Neely House.

(d)  Water and sewer service.--

(1)  Except as provided under paragraph (2), the

Pennsylvania Historical and Museum Commission shall provide

water and sewer capacity to serve the Bowman's Hill

Wildflower Preserve's needs as of the effective date of this

act.

(2)  When repairs to the existing Pennsylvania Historical

and Museum Commission sewage treatment plant are complete and

the plant is able to provide necessary sewer services to the

Bowman's Hill Wildflower Preserve, the Pennsylvania

Historical and Museum Commission shall provide sewer services

to the Bowman's Hill Wildflower Preserve, subject to the

following conditions:

(i)  The Bowman's Hill Wildflower Preserve shall make

payment to the Pennsylvania Historical and Museum

Commission for sewer services on a usage basis at

prevailing local rates.

(ii)  If the Bowman's Hill Wildflower Preserve

requires more sewer service capacity than it required on

the effective date of this act, the Pennsylvania

Historical and Museum Commission shall provide the

necessary additional capacity until such time as the

sewage treatment plant has reached its capacity.

(iii)  When the Pennsylvania Historical and Museum

Commission's sewage treatment plant has reached its

capacity, the Commission shall be under no obligation to

provide additional sewer services beyond the plant's

capacity.

(e)  Right of reverter.--The deed of conveyance shall contain

a clause that the property conveyed "shall not be used in a

manner inconsistent with its use as a 'wildflower preserve' by

the Bowman's Hill Wildflower Preserve Association, Inc., and, if

at any time the Bowman's Hill Wildflower Preserve Association,

Inc. or its successor in function sells or transfers the

property or permits the property to be used for any purpose

other than those specified in this section, the title to the

property shall immediately revert to and revest in the

Commonwealth."

(f)  Easements.--The conveyance shall be made under and

subject to all easements, servitudes and rights of others,

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

any telephone, telegraph, water, electric, sewer, gas or

pipeline companies, as well as under and subject to any

interest, estates or tenancies vested in third persons, whether

or not appearing of record, for any portion of the land or

improvements erected thereon.

(g)  Approval.--The deed of conveyance shall be approved as

provided by law and shall be executed by the Secretary of

General Services in the name of the Commonwealth.

(h)  Covenants.--Any conveyance authorized under subsection

(b) 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 the laws of this

Commonwealth. 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 section, the title shall

immediately revert to and revest in the grantor.

(i)  Cost and fees.--Costs and fees incidental to the

conveyance shall be borne by the grantee.

Section 2.  Effective date.

This act shall take effect immediately.