Section 5. Conveyance in Whitemarsh Township, Montgomery County.
(a) Authorization.--The Department of General Services, with the approval of the Governor and the Pennsylvania Historical and Museum Commission, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey the following tract of land together with any improvements thereon, known as the historic Highlands Mansion and grounds, situate in Whitemarsh Township, Montgomery County, to the Highlands Historical Society for $1, under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under subsection (a) consists of approximately 40.69 acres and improvements located thereon, more particularly bounded and described as follows:
ALL THAT CERTAIN tract or piece of land, situate in the Township of Whitemarsh, County of Montgomery, Commonwealth of Pennsylvania, as shown on an Minor Subdivision/Lot Line Adjustment Plan, prepared for Jose and Lisa Ramos prepared by Nave, Newell, Inc., dated October 10, 2017, and last revised October 24, 2018, recorded at the Office of the Recorder of Deeds of Montgomery County at Plan Book 0049 Page 00332, being Lot 1 on above stated plan, bounded and described as follows:
BEGINNING AT A POINT within the intersecting legal right-of-way lines of Skippack Pike (S.R. 0073) (50 feet wide legal right-of-way and 100 feet wide ultimate right-of-way) and Sheaff Lane (33 feet wide legal right-of-way and 60 feet wide ultimate right-of-way) said point being the south- easterly corner of this parcel and from said beginning point runs;
(1) Thence through and near the centerline of the legal right-of-way of Skippack Pike (S.R. 0073) (50 feet wide legal right-of-way and 100 feet wide ultimate right-of-way), North 48°25'30" West a distance of 1,456.62 feet to a point;
(2) Thence leaving said right-of-way through a found monument on the ultimate right-of-way and along lands now or formerly of Dennis Alter, North 52°48'48" East a distance of 1,001.46 feet to a found monument;
(3) Thence along lands now or formerly of Dennis Alter, North 59°16'39" East a distance of 538.59 feet to a set monument;
(4) Thence along Lot 2, South 30°00'52" East a distance of 205.17 feet to a set monument;
(5) Thence along the same, South 52°40'37" West a distance of 10.40 feet to a set monument;
(6) Thence along the same, South 29°56'26" East a distance of 229.31 feet to a set monument;
(7) Thence along the same, North 56°58'27" East a distance of 87.78 feet to a set monument;
(8) Thence along the same and lands now or formerly of Andrew K. and Margarita Rooke crossing over a found monument 168.94 feet from the start of this course, South 25°54'00" East a distance of 455.92 feet to a found monument;
(9) Thence along lands now or formerly of Morton H. Fetterolf III and Melissa D. Fetterolf, South 44°02'30" West a distance of 15.30 feet to a found monument;
(10) Thence along the same, South 29°50'30" East a distance of 257.21 feet crossing over a found monument on the legal right-of-way of Sheaff Lane (33 feet wide legal right-of-way and 60 feet wide ultimate right-of-way) to a point;
(11) Thence through and near the centerline of legal right-of-way of Sheaff Lane (33 feet wide legal right-of-way and 60 feet wide ultimate right-of-way), South 41°34'40" West a distance of 1,160.36 feet to a point; said point being said place of BEGINNING.
CONTAINING in area 1,772,496 square feet (40.6909 acres) more or less.
BEING part of the same premises Emily W. Roosevelt, widow, conveyed to the Commonwealth of Pennsylvania by deed dated December 6, 1965, and recorded December 17, 1965, in Montgomery County Deed Book 3354, Page 45.
(c) Existing encumbrances.--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) Conditions.--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 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. 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 subsection, the title shall immediately revert to and revest in the grantor.
(e) Condition to conveyance.--The conveyance shall be subject to the condition that a portion of the property to be conveyed, containing approximately 29 acres, substantially as shown and described by a plan and legal description prepared by James Robert Aiken, II, PLS, Nave Newell, the description being dated March 25, 2019, shall be encumbered by a conservation easement to be granted by the Highlands Historical Society to the Township of Whitemarsh, and that any funds received by the Highlands Historical Society as consideration for the grant of such easement shall be dedicated by the Highlands Historical Society to the preservation of the approximately 12-acre portion of the property as described in subsection (f).
(f) Historic preservation covenants.--A portion of the property to be conveyed, containing approximately 12 acres, which includes the Highlands Mansion, substantially as shown and described by a plan and legal description prepared by James Robert Aiken, II, PLS, Nave Newell, the description being dated March 25, 2019, shall be conveyed subject to historic preservation covenants, which covenants shall be determined by the Pennsylvania Historical and Museum Commission and may include a reversionary interest. The historic preservation covenants and reversionary interest shall not apply to the portion of the property described in subsection (e).
(g) Deed.--The conveyance shall be by special warranty deed that shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(h) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee. The conveyance under this act shall be exempt from State and local realty transfer taxes.
(i) Alternative disposition.--If the conveyance is not effectuated within two years after the effective date of this act, the authority under this act shall expire.