Conveyance in Whitemarsh Township, Montgomery County

Act 24 of 2022, § 3, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES AND REPEALS.

Act 24 of 2022, § 3

Section 3. Conveyance in Whitemarsh Township, 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 Grist at Mather Mill, Ltd., the following tract of land together with any buildings, structures and improvements thereon, known as the historic Mather Mill, situate in Whitemarsh Township, Montgomery County, for $1, under terms and conditions to be established in an agreement of sale.

(b) Property description.--The property to be conveyed pursuant to subsection (a) consists of a tract of land totaling approximately 3.185 acres, including all buildings, structures and improvements located thereon, more particularly described as follows:

ALL THAT CERTAIN piece or parcel of land situate in Whitemarsh Township, Montgomery County, and Commonwealth of Pennsylvania, bounded and described as follows, to wit:

BEGINNING at the point formed by the intersection of the center line of Mathers Lane (45 feet wide) and the title line in the bed of Skippack Pike (50 feet wide); thence extending along the title line in the bed of Skippack Pike north 44 degrees 30 minutes west crossing the Wissahickon Creek 262.54 feet to a point; thence extending north 24 degrees 24 minutes east recrossing said Creek 270.27 feet to an iron pin; thence extending south 87 degrees 20 minutes east 325.56 feet to a point in the bed of said Creek; thence extending along land now or late of Edward W. Heller the following four (4) courses and distances: (1) through the bed of said Creek south 17 degrees 08 minutes 30 seconds west 180.89 feet to a point; (2) through the bed of said Creek south 32 degrees 37 minutes west 20.63 feet to a point; (3) partly through the bed of said Creek south 23 degrees 01 minute east crossing the southerly bank of said Creek 80.90 feet to a stake; and (4) south 13 degrees 05 minutes 30 seconds east 112.78 feet to a point in the center line of Mathers Lane aforesaid; thence extending along the center line of Mathers Lane south 79 degrees 55 minutes west 249.32 feet to the first mentioned point and place of BEGINNING.

CONTAINING 3.185-acres of land, more or less.

UNDER AND SUBJECT, NEVERTHELESS, to certain utility rights as recorded in Deed Book 2600, Page 61, together with certain water rights recorded in Deed Book 646, Page 89.

BEING Tax Parcel No. 65-00-10618-009.

BEING the same premises C. Jared Ingersoll and Agnes C. Ingersoll, husband and wife, conveyed to the Commonwealth of Pennsylvania by deed dated April 12, 1966, and recorded April 13, 1966, in Montgomery County Deed Book 3422, Page 407.

(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 section 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 that term is 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 and assigns. Should the grantee, its successors or assigns permit any portion of the property authorized to be conveyed in this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(e) Historic preservation covenants.--The conveyance shall be made under and subject to historic preservation covenants, which covenants shall be determined by the Pennsylvania Historical and Museum Commission and may include a reversionary interest.

(f) Deed.--The conveyance shall be made by special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

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

(h) Sunset.--If the conveyance is not effectuated within 18 months after the effective date of this section, the authority under this section shall expire.