Conveyance in Forty Fort, Luzerne County

Act 119 of 2004, § 1, under CONVEYANCE - COMMONWEALTH PROPERTY, BOROUGH OF FORTY FORT, LUZERNE COUNTY; CITY OF ALLENTOWN AND SALISBURY TOWNSHIP, LEHIGH COUNTY; UPPER AUGUSTA TOWNSHIP, NORTHUMBERLAND COUNTY; MAKING A REPEAL.

Act 119 of 2004, § 1

Section 1. Conveyance in Forty Fort, Luzerne County.

(a) Authorization.--The Department of General Services, with the approval of the Pennsylvania Historical and Museum Commission and the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to Luzerne County Historical Society for one dollar ($1.00) a tract of land and a building known as the "Dennison House" as described in subsection (b).

(b) Description.--ALL THAT CERTAIN piece or parcel of land situate in the Borough of Forty-Fort, bounded and described as follows:

BEGINNING AT a corner being the intersection of the Westerly line of Wyoming Avenue and the Northerly line of Dennison Street, thence North thirty-nine degrees twenty-two minutes East along said Wyoming Avenue one-hundred five and ninety-seven one-hundredths (105.97) feet to a corner, thence North seventy-four degrees one minute East still along Wyoming Avenue forty-six and eighty-six one-hundredths (46.86) feet, more or less to a corner dividing Lots No's 1 and 2 on plot of lots known as Englewood Terrace, recorded in Luzerne County Map Book No. 2, page 294;

THENCE North twelve degrees fifty-six minutes West along said Lot No. 2 two-hundred ninety-eight and twenty-nine one-hundredths (298.29) feet to a corner;

THENCE North twenty-seven degrees West still along line of lot No. 2, eighty-five (85) feet to a corner on Englewood Avenue.

THENCE South forty-seven degrees twenty-seven minutes West eighty-nine (89) feet to a corner in line of Dennison Street;

THENCE South twenty-eight degrees forty-four minutes East along the Northerly line of Dennison Street thirty-nine and thirteen one-hundredths (39.13) feet;

THENCE South six degrees twelve minutes East still along line of Dennison Street, three hundred sixty-eight and eighty-eight one-hundredths (368.88) feet to Wyoming Avenue, the place of beginning.

BEING Lot No. 1 on said plot of lots and improved with a three story single frame dwelling known as 35 Dennison Street, Forty Fort, Luzerne County, Pennsylvania

Together with and subject to all easements, rights, covenants, appurtenances, exceptions, reservations, restrictions and conditions contained in prior instruments in the chain of title.

BEING the same premises conveyed by Hugh H. McClelland, Jr. and Nancy W. McClelland his wife to David M. Ogden and Elizabeth V.N. Ogden, his wife by deed dated March 5, 1963, recorded in Luzerne County Deed Book No. 1516, page 939.

(c) Easements.--The conveyance 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) Execution.--The deed of conveyance shall be by Special Warranty Deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(e) Reversion.--The deed of conveyance shall contain a clause that the property conveyed herein shall be used for educational or historical exhibition/public purposes only. Should the grantee allow the property conveyed to be used for any other purpose or attempts to convey the premises, title shall immediately revert to and revest in the grantor. However, the grantor and grantee, or their successors and assigns, agree that should the within named grantee, or its successors, dissolve or cease to remain in existence, then the grantee, or its successors, may allow title to the above-described real estate to be conveyed to a successor organization that has the same objectives, purposes and goals as the grantee, said conveyance to be subject to the other covenants and restrictions set forth in this deed.

(f) Restrictions.--The deed of conveyance shall contain a clause that requires the grantee to maintain and preserve the premises by ensuring that any improvements to the property are compatible with its original architectural design and landscape/site plan in terms of scale, massing, fenestration, materials and color, and are consistent with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as revised in 1995. Further, no new construction, demolition, alteration, remodeling or landscaping/site work shall be undertaken or permitted to be undertaken on the property without the prior written approval of the Pennsylvania Historical and Museum Commission.

(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.