Conveyance of land to Tinicum Township

Act 204 of 2002, § 2, under CONVEYANCE - COMMONWEALTH PROPERTY IN BEAVER, BEDFORD, DELAWARE, GREENE, MONTGOMERY AND NORTHUMBERLAND COUNTIES.

Act 204 of 2002, § 2

Section 2. Conveyance of land to Tinicum Township.

(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 Tinicum Township for one dollar approximately 7.224 acres of land and buildings as described in subsection (b).

(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of all that certain tract or piece of land with the buildings and improvements thereon erected, situate in the Township of Tinicum, County of Delaware and Commonwealth of Pennsylvania, and bounded and described as follows, to wit:

BEGINNING at the point of intersection of the middle line of Second Street and the middle line of Taylor Avenue; extending thence by the middle line of said Taylor Avenue South ten degrees, four minutes West, nine hundred forty-three feet more or less, to low water mark of the Delaware River; extending thence by the said River and along the said low water mark North fifty-six degrees, seventeen minutes West three hundred eighty feet more or less to lands of the Corinthian Yacht Club; extending thence by the said lands North nine degrees fifty-five minutes East, eight hundred thirty-seven feet more or less to the middle of the said Second Street; and thence extending by the said middle line of Second Street South eighty degrees, sixteen minutes East, three hundred fifty-three and fifty-nine one-hundredths feet to the place of beginning.

CONTAINING Seven and Two hundred and twenty-four one- thousands (7.224) acres, more or less, according to Survey made October 20th, 1926 by Damon & Power, Civil Engineers.

(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) Deed.--The deed of conveyance shall be by special warranty deed or quit claim deed, as the Commonwealth's interests permit, and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania. The restrictive covenants in subsections (e) and (f) shall only pertain to the above-mentioned special warranty deed.

(e) Public access, etc.--The deed of conveyance shall contain a clause requiring that Tinicum Township provide public access to the park and facilities and maintain and preserve the premises as a historic park. No new construction, excavation, ground disturbance, demolition, alteration, remodeling or landscaping/site work shall be undertaken or permitted to be undertaken on the property without prior written approval of the Pennsylvania Historical and Museum Commission.

(f) Other terms and conditions.--Under and subject to the condition that the land herein conveyed shall be used as a permanent, noncommercial historical park, if at any time the grantee or its successors in function convey said property or authorize or permit said property to be used for any purpose other than those aforementioned, the title to the land herein conveyed shall immediately revert to and revest in the Commonwealth of Pennsylvania.

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