Section 3. Conveyance of land to Liberty 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 Liberty Township for one dollar approximately 20.87 acres of land and monument 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 monument and improvements thereon erected, situate in the Township of Liberty, County of Bedford and Commonwealth of Pennsylvania, and bounded and described as follows, to wit:
BEGINNING at the center of a certain shaft or marker erected by the Fisher's Summit Memorial Association as a marker, or monument or the spot where Captain Phillips' Scouts were massacred by Indians, and where the remains of the said Scouts are interred in a certain vault or grave, and extending from the said marker or monument in all directions by a radius of 500 feet from the center of said marker as aforesaid and containing approximately 785,400 square feet, and also that portion or piece of ground beginning at the said monument or marker and used as a certain road, extending in an easterly direction to the old highway formerly know as Route 26, for a width of 50 feet between said marker and the aforesaid highway; and thence from the old highway hereinbefore mentioned continuing in an easterly direction to the new concrete highway, between Bedford and Huntingdon, and known as Route 26, for a width of 50 feet, between the old and new highways herein before mentioned.
(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 and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(e) Public access, etc.--The deed of conveyance shall contain a clause requiring that Liberty Township provide public access to the park and monument 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) Covenants.--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.