Section 1. Conveyance in City of Washington, Washington 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 to grant and convey to the Bradford House Historical Association certain lands and any improvements thereon described under subsection (b), the property being known locally as the historic David Bradford House, situate in the City of Washington, Washington County, for $1.
(b) Property description.--The property to be conveyed under this section consists of two parcels of land containing 0.29 acres, including any improvements located thereon, situate in the First Ward of the City of Washington, Washington County, more particularly described as follows:
Parcel No. 710-002-00-02-0013-00
ALL THAT CERTAIN lot or parcel of land situate in the First Ward of the City of Washington, Washington County, Pennsylvania, and shown upon a plan entitled Survey of Bradford House Property, prepared by Engelhardt-Power & Associates, Inc., Washington, Pennsylvania, Drawing No. C-2711, dated August 1999; bounded and described as follows:
BEGINNING at a point on South Main Street on the line dividing the property herein conveyed and property N/F Kenneth R. and Sandra K. Dyson; thence along the Western line of South Main Street, South 11° 38' East a distance of 18.36 feet to a point on the line dividing the lot hereby conveyed and property of the Commonwealth of Pennsylvania; thence along the line of said land South 78° 22' West a distance of 100 feet to a point marked by a railroad spike; thence continuing along said land North 11° 38' West a distance of 5 feet to an iron pipe; thence continuing along said land, South 78° 22' West a distance of 142 feet to a point on line dividing the property hereby conveyed and lot N/F of John T. and Rose Luongo; thence along the line of the lot of the said John T. and Rose Luongo North 11° 38' West a distance of 13.36 feet to a point on line dividing the lot hereby conveyed and property N/F Kenneth R. and Sandra K. Dyson; thence by the line of said property North 78° 22' East a distance of 242 feet to a point on South Main Street, the place of BEGINNING.
CONTAINING 0.08 acres.
BEING the same piece or parcel of land conveyed to the General State Authority from Coen Oil Company by deed dated April 3, 1963 and recorded April 5, 1963 in the Office of the Recorder of Deeds of Washington County, Pennsylvania, in Deed Book 1149, Page 289. The Department of General Services is the successor to the General State Authority pursuant to Act 45 of 1975.
TOGETHER with easements and rights of way fully set forth in the deed to the Commonwealth of Pennsylvania, of record, recited in Deed Book 1149, Page 289, and which are as follows:
The free and uninterrupted use, liberty and privilege of, and passage in, along, over and upon a certain alley or passageway of the width of ten feet, extending from Strawberry Alley to the line of lot formerly owned by Charles W. McWreath, and being the same easement or right of way granted and conveyed to Gennie E. Wilson (predecessor in title of the said Charlotta W. Wilson), by Rachel M. Henderson, by deed dated April 11, 1895 and recorded in said Recorder's Office in Deed Book 200, at Page 68.
The free and uninterrupted use, liberty and privilege of, and passage in, along and over, a strip of ground fifteen feet in width at the Western end of the lot of ground lying to the North of the premises herein conveyed, N/F owned by First Federal Savings and Loan Association of Washington, which said fifteen foot strip of ground extends from the Northern line of the Western end of the lot herein conveyed, to the Northern line of said lot N/F owned by First Federal Savings & Loan Association, where the Northern line of the N/F First Federal Savings & Loan Association's lot adjoins a private alley leading from Strawberry Alley to the lot of said First Federal Savings & Loan Association; together with free ingress, egress and regress to and for George F. Brink and Jay R. Brink, his wife, their heirs and assigns, their tenants and under-tenants, lessees, occupiers or possessors of the lot hereinabove conveyed, at all times and seasons forever hereafter, into, along, over and out of the said fifteen foot strip of ground, in common with the said First Federal Savings & Loan Association of Washington, its successors and assigns, its tenants or occupiers. The right of way or passage in and over the premises last above described is the same granted and conveyed to the said Charlotta W. Wilson by Gennie E. Wilson, widow, by deed dated April 24, 1936 and recorded in said Recorder's Office in Deed Book 603, at Page 610.
The premises above described are subject to all the exceptions, reservations, restrictions, covenants, conditions and limitations set forth and contained in an Article of Agreement entered into between First Federal Savings & Loan Association of Washington and Charlotta W. Wilson, dated April 1, 1946, in Deed Book 711, Page 595.
The property mentioned in above easements and rights of way as being the property of First Federal Savings and Loan Association is N/F owned by Charles W. McWreath by deed from First Federal Savings and Loan Association dated August 10, 1946, and recorded in Deed Book 706, Page 348.
Parcel No. 710-002-00-02-0014-00
ALL THAT CERTAIN lot or parcel of land situate in the First Ward of the City of Washington, Washington County, Pennsylvania, and shown upon a plan entitled Survey of Bradford House Property, prepared by Engelhardt-Power & Associates, Inc., Drawing No. C-2711, dated August 1999; bounded and described as follows:
BEGINNING at a point on South Main Street, on the line dividing the property hereby conveyed and property of the Commonwealth of Pennsylvania; thence along said South Main Street South 11° 38' East, 35.0 feet to a point; thence South 78° 22' West, 242 feet to an existing railroad spike set; thence North 11° 38' West 40 feet to a point on the line dividing the lot hereby conveyed and property of the Commonwealth of Pennsylvania; thence along the same North 78° 22' East 142.0 feet to a point; thence by the same South 11° 38' East 5.0 feet to a point; thence by same North 78° 22' East 100 feet to a point on South Main Street the place of BEGINNING.
CONTAINING 0.21 acres.
BEING the same piece or parcel of land conveyed by Charles W. McWreath and Laurabelle McWreath, husband and wife, to the Commonwealth of Pennsylvania by deed dated August 17, 1959 and recorded in the Office of the Recorder of Deeds of Washington County, Pennsylvania, in Deed Book 1055, Page 252.
TOGETHER with the free and uninterrupted right of way into, upon, over, along and through an alley or passageway on the south side of the premises above described, which said right of way was originally created under an Agreement of Sale for a lot adjoining the premises above described, entered into between Hugh Wilson, (predecessor in title of the said Anne Finn Sutter), and Alexander Sweeney, dated June 30, 1826, and of record in said Recorder's Office in Deed Book P, Volume 2, Page 373. The said agreement provided that the alley on the north side of the lot therein referred to "and between it and Blaine's lot", (the latter being the lot above described), was "to remain as it is for the use and benefit of the adjoining lots forever". The said Hugh Wilson having died without carrying out the terms of said written agreement, the Executors of the said Hugh Wilson presented a petition to the Court of Common Pleas of Washington County, asking for leave to prove said contract and for leave to execute a deed to the said Alexander Sweeney, conveying the property mentioned in said contract. On December 26, 1832, the Court, after considering said petition, ordered and decreed that Isaac Leet, John K. Wilson and John Marshel, Executors of said Hugh Wilson, should make and execute a deed to the said Alexander Sweeney for the premises described in said contract. The said Executors, pursuant to said Order and Decree, on the 31st day of December, 1832, executed and delivered a deed conveying said premises to said Alexander Sweeney, which deed is recorded in Deed Book Q, Volume 2, Page 85, and in said deed it was provided that the "alley" on the north side of the lot thereby conveyed "and between it and Blaine's lot", (the premises above described and conveyed), should remain as it then was for the use and benefit of the adjoining lots forever.
(c) Requirement for conveyance.--The conveyance under this section 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) Condition.--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 defined under 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 section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Restrictive covenants.--The following restrictive covenants shall be included in the deed of conveyance:
Declaration of Restrictive Covenants for Historic Preservation
David Bradford House
City of Washington, Washington County, Pennsylvania
(1) Covenants. In consideration of the conveyance of the aforementioned real property, Grantee covenants and agrees for itself, its heirs, administrators, successors, and assigns that the said herein conveyed property shall be subject to the following historic preservation restrictions, and shall do or refrain from doing with respect to the subject property all acts required or prohibited by the following preservation restrictions:
(A) Maintenance and Preservation. The David Bradford House shall be maintained and preserved as a historic site accessible by the public and for a demonstrable public benefit with maintenance and preservation standards acceptable to the Pennsylvania Historical and Museum Commission.
(B) Historic Structures. The David Bradford House, historic structures and buildings that comprise the property shall be maintained and preserved in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(C) Landscape. The landscape of the David Bradford House shall be preserved in a manner consistent with the historic characteristics of the subject property and shall not be used in any manner that would impair or interfere with the historic interpretation of the subject property.
(D) Prohibited Uses. No construction, alteration, rehabilitation, remodeling, demolition, site development, ground disturbance, removal of buildings, addition of buildings, or use inconsistent with this covenant, or any other action, shall be undertaken or permitted to the subject property without the prior written approval of the Pennsylvania Historical and Museum Commission.
(E) Alterations/Modifications/Repairs. With the prior written approval of the Pennsylvania Historical and Museum Commission, alterations, modifications, repairs or other work may be permitted to the subject property, provided:
(I) Notice. Timely notice shall be afforded to the Commission in advance of any such requested work on the subject property.
(II) Time. The Commission shall have 45 days from the date of receipt of such notice to review and approve the requested work in writing. Consent shall be implied if the Commission does not issue a written response approving the request.
(F) Archeology and Other Ground Disturbing Activities. Mining, excavating, dredging or removing from the subject property any natural resource which removal would alter the historic value of the property is prohibited without the prior written approval of the Commission. Archeological investigation may be required by the Commission for any ground disturbing work and Grantee shall bear full financial responsibility for any such work. The following shall apply:
(I) Archeological discoveries. In the event archeological materials are discovered during any ground disturbing activities, work shall temporarily cease and the Commission shall be consulted for guidance and direction before ground disturbing work may continue.
(II) Standards for Archeology. Any archeological work conducted on the subject property shall be performed in accordance with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation and any further standards and guidelines the Commission may require.
(2) Inspection and Compliance. The Commonwealth of Pennsylvania, by and through the Pennsylvania Historical and Museum Commission, reserves the right to enforce these preservation restrictions and shall, at all reasonable times and upon reasonable notice, have access to the subject property for purposes of inspection and compliance with these historic preservation restrictions.
(3) Right of Reverter. The Commonwealth of Pennsylvania, by and through the Pennsylvania Historical and Museum Commission, hereby reserves for itself, heirs, successors and assigns, a right of reverter on the David Bradford House, which shall revert to and reinvest in the Commonwealth by operation of law should any sale, transfer, or use of the David Bradford House be inconsistent with or in violation of the restrictions contained herein. The Commission may waive this provision provided Grantee petitions the Commission, in writing, for such waiver.
(4) Exclusion. The Grantee agrees that the Commonwealth of Pennsylvania, by and through any of its agencies, in no way assumes any obligation whatsoever for maintaining, repairing, or administering the subject property covered by these restrictive covenants for historic preservation.
(5) Duration. These restrictive covenants for historic preservation shall be binding in perpetuity on Grantee, its heirs, administrators, successors, and assigns and shall be applicable to both the land and buildings and shall be deemed to run with the land.
(f) Execution of deed.--The deed of conveyance shall 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 the conveyance authorized under this section shall be borne by the grantee.
(h) Expiration.--If the conveyance authorized under this section is not effectuated within one year of the effective date of this section, the authority provided under this section shall expire.