2023-2024 Regular Session HB 2039 PN 2601 Bill Text (HTM)

PRINTER'S NO. 2601

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2039

Session of

2024

INTRODUCED BY TAKAC, KHAN AND HILL-EVANS, FEBRUARY 20, 2024

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 20, 2024

AN ACT

Authorizing the Department of General Services, with the

approval of the Pennsylvania Historical and Museum

Commission, the Department of Conservation and Natural

Resources and the Governor, to grant and convey to The Roland

Curtin Foundation for the Preservation of Eagle Furnace,

certain lands, buildings and improvements, situate in Boggs

Township, Centre County, and further authorizing the

Pennsylvania Historical and Museum Commission to transfer to

The Roland Curtin Foundation for the Preservation of Eagle

Furnace its buildings located on adjacent property leased

from the United States Department of the Army.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Conveyance in Boggs Township, Centre County.

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

the approval of the Pennsylvania Historical and Museum

Commission, the Department of Conservation and Natural Resources

and the Governor, is hereby authorized on behalf of the

Commonwealth of Pennsylvania to grant and convey to The Roland

Curtin Foundation for the Preservation of Eagle Furnace, the

following tract of land together with any buildings, structures

and improvements thereon, being a portion of the historic Curtin

Village, situate in Boggs Township, Centre County, for $1.

(b) Property description.--The property to be conveyed under

subsection (a) consists of a tract of land totaling

approximately 10.28 acres, including all buildings, structures

and improvements located thereon, more particularly described as

follows:

ALL THAT CERTAIN piece or parcel of land situate in Boggs

Township, Centre County, and Commonwealth of Pennsylvania,

bounded and described as follows, to wit:

BEGINNING at a point on the centerline of Curtin Village Road

(SR 1003), said point being the southwestern point of the lot

herein described. Thence along the centerline of Curtin Village

Road (SR 1003) the following 4 courses:

1. N 26°21'16" W a distance of 36.08 feet to a point;

2. N 54°02'16" W a distance of 141.11 feet to a point;

3. N 38°15'13" W a distance of 149.16 feet to a point;

4. N 34°22'09" W a distance of 221.94 feet to a point;

Thence along lands of the United States Government the

following 5 courses:

1. N 55°49'09" E, passing over a concrete monument at 16.5

feet for, a total distance of 432.48 feet to a concrete

monument;

2. S 39°39'15" E a distance of 420.02 feet to a concrete

monument;

3. N 77°00'34" E a distance of 161.98 feet to a concrete

monument;

4. S 57°03'26" E a distance of 379.13 feet to a concrete

monument;

5. S 70°09'30" E a distance of 515.53 feet to a concrete

monument;

Thence along the SEDA COG Joint Rail Authority the following

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3 courses:

1. N 88°46'08" W a distance of 445.00 feet to a rebar;

2. S 01°13'52" W a distance of 17.00 feet to a rebar;

3. N 88°46'08" W a distance of 793.79 feet to a point on

the centerline of Curtin Village Road (SR 1003), said point

being the point of beginning.

All as shown on a drawing by Kerry A. Uhler & Associates,

Inc. titled "PA Historical Museum Commission Curtin Village

Survey", dated 07/20/22.

CONTAINING 10.28-acres of land, more or less.

BEING the same tract or tracts of land acquired by the

Commonwealth of Pennsylvania pursuant to a Declaration of Taking

(402) filed in the Office of the Prothonotary of the Court of

Common Pleas of Centre County at No. 1 January Term 1971 and

recorded in the Office of the Recorder of Deeds of Centre County

at Miscellaneous Book 112 Page 254.

BEING Tax ID No. 07-009-,010D

subsection (a) shall be made under and subject to all lawful and

enforceable easements, servitudes and rights of others,

including, but not confined 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) Conditions.--Any conveyance authorized under this

section 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

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defined in 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 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 subsection, the title shall

immediately revert to and revest in the grantor.

(e) Transfer of buildings.--The Pennsylvania Historical and

Museum Commission is authorized to transfer to The Roland Curtin

Foundation for the Preservation of Eagle Furnace its buildings

located on adjacent property leased from the United States

Department of the Army.

(f) Historic preservation covenants.--The conveyance and

transfer authorized by this section shall be made under and

subject to historic preservation covenants, which covenants

shall be determined by the Pennsylvania Historical and Museum

Commission and may include a reversionary interest.

(g) Conveyance documents.--The conveyance authorized by

subsection (a) shall be made by special warranty deed to be

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

Commonwealth of Pennsylvania. The transfer authorized by

subsection (e) shall be by bill of sale or other appropriate

transfer document, to be executed by the Executive Director of

the Pennsylvania Historical and Museum Commission.

(h) Costs and fees.--Costs and fees incidental to the

conveyance and transfer authorized by this section shall be

borne by the grantee. The conveyance under this section shall be

exempt from the realty transfer tax established under Article

XI-C of the act of March 4, 1971 (P.L.6, No.2), known as the Tax

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Reform Code of 1971.

(i) Sunset.--If the conveyance and transfer are not

effectuated within 18 months after the effective date of this

subsection, the authority provided under this section shall

expire.

Section 2. Effective date.

This act shall take effect in 60 days.

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