Conveyance of land to Montgomery County

Act 204 of 2002, § 4, under CONVEYANCE - COMMONWEALTH PROPERTY IN BEAVER, BEDFORD, DELAWARE, GREENE, MONTGOMERY AND NORTHUMBERLAND COUNTIES.

Act 204 of 2002, § 4

Section 4. Conveyance of land to Montgomery County.

(a) Authorization.--The Department of General Services, with the approval of the Pennsylvania Historical and Museum Commission and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the County of Montgomery certain lands and buildings as described in subsection (b) for fair consideration equal to the fair market value of the property as determined by an independent appraisal in accordance with an agreement of sale.

(b) Property description.--The tracts to be conveyed are situate in the Borough of Pottstown, Montgomery County, Pennsylvania, bounded and described as follows:

Parcel 1

ALL THAT CERTAIN lot or piece of land with the buildings thereon erected, situate in the Borough of Pottstown, County of Montgomery, and State of Pennsylvania, described according to the survey of Will D. Hiltner, May 1959, as follows, to wit:

BEGINNING at a point on the Northeast side of High Street; thence along land now or late of Gabel Estate North Twenty-nine degrees Thirty-five minutes East Three Hundred feet to a point on the South side of King Street; thence South Sixty-six degrees Thirty-five minutes East, Two Hundred Nineteen and Seventy-two hundredths feet along said South side of King Street to a point in the center of a public road Thirty-three feet wide; thence South Fourteen degrees Twenty-six minutes West, along the center line of said public road Three Hundred Ten and Six tenths feet to a point on the North side of High Street aforesaid; thence North Sixty degrees Twenty-five minutes West along said of High Street Three Hundred feet to the point of place of BEGINNING.

Parcel 2

ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Borough of Pottstown, County of Montgomery, and Commonwealth of Pennsylvania, bounded and described according to a Survey thereof made December 28, 1944 by Ralph E. Shaner and Son, Engineers, as follows, to wit:

BEGINNING at a point of the intersection of the Northeast side of High Street and the Southeast side of a public road; thence extending along the South side of said public road North 11 Degrees 35 Minutes East 320.19 feet to a point of intersection of the Southeast side of said public road with the Southeast side of King Street; thence extending along the said Southwest side of King Street South 60 Degrees 25 Minutes East 22 feet to a point a corner on the Westerly right of way line of the Colebrookdale Railroad; thence along said right of way line, on line curving to the left having a radius of 1812.27 feet to the arc or distance of 360.64 feet to a point on the Northeast side of High Street aforesaid; thence extending along the said Northeast side of High Street North 60 Degrees 25 Minutes West 114.14 feet to the first mentioned point and place of BEGINNING.

(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 telephone, telegraph, cable, water, electric, sewer, 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) Covenants.--The deed of conveyance shall contain a clause requiring the County of Montgomery or their successors to ensure that any design for new construction, rehabilitation, alteration or demolition work on the property is compatible with its original architectural design and landscape/site plan in terms of scale, massing, fenestration, materials and color and is consistent with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and 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) Fees and costs.--Costs and fees incidental to this conveyance shall be borne by the grantee.