1Authorizing the Department of General Services, with the
2approval of the Pennsylvania Historical and Museum Commission
3and the Governor, to grant and convey to the Fort LeBoeuf
4Historical Society certain lands, known as Washington
5Monument Park, Judson House and Fort LeBoeuf Museum, situate
6in the Borough of Waterford, Erie County.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Conveyance of Washington Monument Park in the
10Borough of Waterford, Erie County.

11(a) Authorization.--The Department of General Services, with
12the approval of the Pennsylvania Historical and Museum
13Commission and the Governor, is hereby authorized on behalf of
14the Commonwealth of Pennsylvania to grant and convey to the Fort
15LeBoeuf Historical Society certain lands and any improvements
16thereon, the property being known locally as the Washington
17Monument Park, situate in the Borough of Waterford, Erie County,
18for $1.

19(b) Property description.--The property to be conveyed
20pursuant to subsection (a) consists of approximately 0.104-

1acres, including any improvements located thereon, more
2particularly described as follows:

3Tract 1

4ALL THAT CERTAIN piece or parcel of land situate in the
5Borough of Waterford, County of Erie, and Commonwealth of
6Pennsylvania, bounded and described as follows, to wit:

7BEGINNING at a point fifty (50) feet west of the west line of
8High Street and twenty (20) feet north of the north line of
9First Alley; thence southwardly, parallel with High Street, four
10(4) feet and eight (8) inches to a point; thence eastwardly and
11parallel with First Alley, four (4) feet and eight (8) inches to
12a point; thence northerly and parallel with High Street, four
13(4) feet and eight (8) inches to a point; thence westwardly,
14parallel with First Alley, four (4) feet and eight (8) inches to
15the place of BEGINNING.

16BEING the same property conveyed to the Commonwealth of
17Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
18American Colonists, by deed dated April 11, 1945, and recorded
19in Erie County Deed Book No. 454, Page 396.

20Tract 2

21ALL THAT CERTAIN piece or lot of land situated in the Borough
22of Waterford, in the County of Erie, and Commonwealth of
23Pennsylvania, bounded and described as follows, to wit:

24COMMENCING at the southeast corner of what is N/F known as
25the Eagle Hotel Lot on High Street; thence westwardly along
26same, eighty-two and one-half (82 1/2) feet; thence southwardly
27along said lot and parallel with High Street, fifty-five (55)
28feet to First Alley; thence eastwardly, eighty-two and one-half
29(82 1/2) feet to High Street; thence along High Street
30northwardly, fifty-five (55) feet to the PLACE OF BEGINNING.

1BEING the same property conveyed to the Commonwealth of
2Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
3American Colonists, by deed dated August 16, 1950, and recorded
4in Erie County in Deed Book 573, Page 131.

5EXCEPTING THEREFROM, however, a piece of land four (4) feet
6and eight (8) inches square, heretofore conveyed by the Fort
7LeBoeuf Chapter, Daughters of the American Colonists, to the
8Commonwealth of Pennsylvania, by deed dated April 11, 1945, and
9recorded in Deed Book 454, Page 396.

10Being Parcel ID #46-9-57-2

11(c) Easements.--The conveyance shall be made under and
12subject to all lawful and enforceable easements, servitudes and
13rights of others, including, but not confined to, streets,
14roadways and rights of any telephone, telegraph, water,
15electric, gas or pipeline companies, as well as under and
16subject to any lawful and enforceable estates or tenancies
17vested in third persons appearing of record, for any portion of
18the land or improvements erected thereon.

19(d) Condition.--Any conveyance authorized under this section
20shall be made under and subject to the condition, which shall be
21contained in the deed of conveyance, that no portion of the
22property conveyed shall be used as a licensed facility, as
23defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
24other similar type of facility authorized under State law. The
25condition shall be a covenant running with the land and shall be
26binding upon the Grantee and its successors. Should the Grantee,
27or its successors, permit any portion of the property authorized
28to be conveyed in this section to be used in violation of this
29subsection, the title shall immediately revert to and revest in
30the Grantor.

1(e) Restrictive covenants.--The following restrictive
2covenants shall be included in the deed of conveyance:

3Declaration of Covenants

4Washington Monument Park

5Borough of Waterford, Erie County, Pennsylvania

6I.       Covenants.

7a.   The deed of transfer of this property, which property
8shall hereinafter be described in this agreement as
9"Washington Monument Park," shall contain the following
10language: "Fort LeBoeuf Historical Society and its
11successors, (hereafter referred to as "FLHS") covenants
12and agrees to assume responsibility for the maintenance,
13preservation, and administration of the property in a
14manner that is satisfactory to the Pennsylvania Historical
15and Museum Commission ("Commission") for a demonstrable
16public benefit in perpetuity; under and subject to the
17condition that the buildings and lands conveyed herein
18shall be accessible to the public."

19b.   The provisions of these covenants, hereinafter
20expressed as covenants running with the land, are herein
21set forth so as to ensure the maintenance and preservation
22of the qualities, natural resources and historical
23characteristics of Washington Monument Park.

24II.      Standards for Historic Preservation.

25a.   Washington Monument Park shall be maintained and
26preserved in accordance with the Secretary of the
27Interior's Standards for the Treatment of Historic
28Properties.

29b.   No construction, alteration, rehabilitation,
30remodeling, demolition, site development, ground

1disturbance, or other action shall be undertaken or
2permitted to said property without the prior written
3permission from the Commission.

4c.   Prior to the commencement of work, FLHS agrees to
5notify, in writing, the Commission of all such work on
6said property in advance.

7d.   The Commission will be given forty-five (45) days
8from receipt of the notice (sent via certified mail) to
9review and approve in writing the appropriateness of said
10work. If no response is provided within forty-five (45)
11days, consent shall be implied.

12III.     Requirements and Standards for Archaeological
13Investigation.

14a.   For work that involves ground disturbance, the
15Commission may require archaeological investigation, for
16which FLHS shall have financial responsibility.

17b.   In the event that archaeological materials are
18discovered during ground-disturbing activities, work shall
19temporarily cease, and the Commission shall be consulted
20for instructions prior to proceeding with the work.

21c.   Any archaeological work shall be conducted in
22accordance with the Secretary of the Interior's Standards
23and Guidelines for Archaeological Documentation (48FR
24447344-37) and any such standards and guidelines as the
25Commission may specify.

26IV.    Access.

27a.   FLHS shall allow the Commission, at all reasonable
28times and upon reasonable advance notice to FLHS, access
29to inspect said property to ensure compliance with this
30preservation covenant.

1V.     Right of Reverter.

2a.   The deed of conveyance shall contain a clause that
3the title to the property shall immediately revert to and
4revest in the Commonwealth should FLHS sell or transfer
5the property or permit the property to be used for any
6purpose other than as a museum, or related business and/or
7curatorial offices, for any length of time.

8b.   FLHS may petition the Commission for a waiver of this
9provision if a proposed usage would meet the spirit of
10this agreement.

11c.   The Commission must specifically approve any waiver
12of this provision.

13VI.    Binding in Perpetuity.

14a.   This covenant is binding on FLHS and its successors
15in perpetuity.

16b.   This covenant shall be binding servitude upon the
17property and shall be deemed to run with the land.

18c.   Execution of this covenant shall constitute evidence
19that FLHS agrees to be bound by the foregoing conditions
20and restrictions and to perform the obligations herein set
21forth.

22(f) Deed of conveyance.--The deed of conveyance shall be
23executed by the Secretary of General Services in the name of the
24Commonwealth of Pennsylvania.

25(g) Costs and fees.--Costs and fees incidental to this
26conveyance shall be borne by the Grantee.

27(h) Expiration.--In the event that the conveyance is not
28effectuated within one year of the effective date of this
29section, the authority contained in this section shall expire.

30Section 2. Conveyance of Judson House in the Borough of

1Waterford, Erie County.

2(a) Authorization.--The Department of General Services, with
3the approval of the Governor and the Pennsylvania Historical and
4Museum Commission, is hereby authorized on behalf of the
5Commonwealth of Pennsylvania to grant and convey to the Fort
6LeBoeuf Historical Society certain lands and any improvements
7thereon, the property being known locally as the Judson House
8situate in the Borough of Waterford, Erie County, for $1.

9(b) Property description.--The property to be conveyed
10pursuant to subsection (a) consists of approximately 0.5871
11acres, including any improvements located thereon, more
12particularly described as follows:

13Tract 1

14ALL THAT CERTAIN piece or parcel of land situate in the
15Borough of Waterford, County of Erie and Commonwealth of
16Pennsylvania, being Lots Nos. Seven (7) and Eight (8) of
17Garrison Lots in said Borough.

18The said lots are situate at the southeast intersection of
19High Street and First Street, in said Borough, and front for a
20distance of 105 feet on the south side of First Street and
21extends southerly therefrom a distance of 155 feet on the east
22side of High Street.

23Excepting and reserving however, from the above described
24land all that easterly portion consisting of a 60 foot frontage
25on First Street and extending to a depth of 155 feet therefrom
26in a southerly direction.

27BEING the same piece or parcel of land conveyed to the
28Commonwealth of Pennsylvania, from Frank R. Johnston, et al, by
29deed dated July 8, 1949, and recorded in Erie County Deed Book
30542, Page 549.

1Tract 2

2ALL THAT CERTAIN piece or parcel of land situate in the
3Borough of Waterford, County of Erie and Commonwealth of
4Pennsylvania, being the east sixty (60) feet fronting on the
5southerly side of First Street to an alley, and extending
6southwardly at a uniform depth of one hundred fifty-five (155)
7feet, of lots Nos. 7 and 8 of the Garrison Lots in the Borough
8of Waterford, more fully bounded and described as follows, to
9wit:

10BEGINNING at a point in the south line of First Street, one
11hundred five (105) feet eastwardly from the point of
12intersection of the south line of First Street with the east
13line of High Street; thence southwardly parallel with the east
14line of High Street, one hundred and fifty-five (155) feet, more
15or less, to the north line of an alley; thence eastwardly along
16the north line of said alley, and parallel with the south line
17of First Street, sixty (60) feet to a point; thence northwardly
18parallel with the east line of High Street, one hundred and
19fifty-five (155) feet, more or less, to the south line of First
20Street; and thence westwardly along the south line of First
21Street, sixty (60) feet to the place of BEGINNING.

22BEING the same piece or parcel of land conveyed to the
23Commonwealth of Pennsylvania, from Miriam Kuhns, unmarried, and
24Cynthia Ensworth, widow, by deed dated March 21, 1950, and
25recorded in Erie County Deed Book 560, Page 348.

26BEING Parcel ID #46-9-58-1

27(c) Easements.--The conveyance shall be made under and
28subject to all lawful and enforceable easements, servitudes and
29rights of others, including, but not confined to, streets,
30roadways and rights of any telephone, telegraph, water,

1electric, gas or pipeline companies, as well as under and
2subject to any lawful and enforceable estates or tenancies
3vested in third persons appearing of record, for any portion of
4the land or improvements erected thereon.

5(d) Condition.--Any conveyance authorized under this section
6shall be made under and subject to the condition, which shall be
7contained in the deed of conveyance, that no portion of the
8property conveyed shall be used as a licensed facility, as
9defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
10other similar type of facility authorized under State law. The
11condition shall be a covenant running with the land and shall be
12binding upon the grantee and its successors. Should the grantee,
13or its successors, permit any portion of the property authorized
14to be conveyed in this section to be used in violation of this
15subsection, the title shall immediately revert to and revest in
16the grantor.

17(e) Restrictive covenants.--The following restrictive
18covenants shall be included in the deed of conveyance:

19Declaration of Covenants

20Judson House

21Borough of Waterford, Erie County, Pennsylvania

22I.       Covenants.

23a.  The deed of transfer of this property, which property
24shall hereinafter be described in this agreement as "Judson
25House," shall contain the following language: "Fort LeBoeuf
26Historical Society and its successors, (hereafter referred to
27as "FLHS") covenants and agrees to assume responsibility for
28the maintenance, preservation, and administration of the
29property in a manner that is satisfactory to the Pennsylvania
30Historical and Museum Commission ("Commission") for a

1demonstrable public benefit in perpetuity; under and subject
2to the condition that the buildings and lands conveyed herein
3shall be accessible to the public."

4b.   The provisions of these covenants, hereinafter expressed
5as covenants running with the land, are herein set forth so
6as to ensure the maintenance and preservation of the
7qualities, natural resources and historical characteristics
8of Judson House.

9II.      Standards for Historic Preservation. 

10a.   Judson House shall be maintained and preserved in
11accordance with the Secretary of the Interior's Standards for
12the Treatment of Historic Properties.

13b.   No construction, alteration, rehabilitation, remodeling,
14demolition, site development, ground disturbance, or other
15action shall be undertaken or permitted to said property
16without the prior written permission from the Commission.

17c.   Prior to the commencement of work, FLHS agrees to
18notify, in writing, the Commission of all such work on said
19property in advance.

20d.   The Commission will be given forty-five (45) days from
21receipt of the notice (sent via certified mail) to review and
22approve in writing the appropriateness of said work. If no
23response is provided within forty-five (45) days, consent
24shall be implied.

25III.     Requirements and Standards for Archaeological
26Investigation.

27a.   For work that involves ground disturbance, the
28Commission may require archaeological investigation, for
29which FLHS shall have financial responsibility.

30b.   In the event that archaeological materials are

1discovered during ground-disturbing activities, work shall
2temporarily cease, and the Commission shall be consulted for
3instructions prior to proceeding with the work.

4c.   Any archaeological work shall be conducted in accordance
5with the Secretary of the Interior's Standards and Guidelines
6for Archaeological Documentation (48FR 447344-37) and any
7such standards and guidelines as the Commission may specify.

8IV.    Access.

9a.   FLHS shall allow the Commission, at all reasonable times
10and upon reasonable advance notice to FLHS, access to inspect
11said property to ensure compliance with this preservation
12covenant.

13V.     Right of Reverter.

14a.   The deed of conveyance shall contain a clause that the
15title to the property shall immediately revert to and revest
16in the Commonwealth should FLHS sell or transfer the property
17or permit the property to be used for any purpose other than
18as a museum, or related business and/or curatorial offices,
19for any length of time.

20b.   FLHS may petition the Commission for a waiver of this
21provision if a proposed usage would meet the spirit of this
22agreement.

23c.   The Commission must specifically approve any waiver of
24this provision.

25VI.    Binding in Perpetuity.

26a.   This covenant is binding on FLHS and its successors in
27perpetuity.

28b.   This covenant shall be binding servitude upon the
29property and shall be deemed to run with the land.

30c.   Execution of this covenant shall constitute evidence

1that FLHS agrees to be bound by the foregoing conditions and
2restrictions and to perform the obligations herein set forth.

3(f) Deed of conveyance.--The deed of conveyance shall be by
4Special Warranty Deed and shall be executed by the Secretary of
5General Services in the name of the Commonwealth of
6Pennsylvania.

7(g) Costs and fees.--Costs and fees incidental to this
8conveyance shall be borne by the grantee.

9(h) Expiration.--In the event that the conveyance is not
10effectuated within one year of the effective date of this
11section, the authority contained in this section shall expire.

12Section 3. Conveyance of Fort LeBoeuf Museum in the Borough of
13Waterford, Erie County.

14(a) Authorization.--The Department of General Services, with
15the approval of the Pennsylvania Historical and Museum
16Commission and the Governor, is hereby authorized on behalf of
17the Commonwealth of Pennsylvania to grant and convey to the Fort
18LeBoeuf Historical Society certain lands and any improvements
19thereon, the property being known locally as the Fort LeBoeuf
20Museum situate in the Borough of Waterford, Erie County, for $1.

21(b) Property description.--The property to be conveyed
22pursuant to subsection (a) consists of approximately 1.17-acres,
23including any improvements located thereon, more particularly
24described as follows:

25ALL THAT CERTAIN piece or parcel of land situate in the
26Borough of Waterford, Erie County, Pennsylvania, being a
27rectangle 155 feet by 330 feet, on the east side of High Street
28(Route #19), bounded by First Alley, Cherry Street (unopened)
29and Water Street (unopened).

30BEING the same piece or parcel of land acquired by the

1Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
2filed in the Office of the Prothonotary of the Court of Common
3Pleas of Erie County on September 30, 1968, at No. 2782 A Term
41968, with a notice of the Declaration of Taking recorded at the
5Office of the Recorder of Deeds of Erie County at Book 990, Page
684.

7BEING Parcel ID #46-9-58-4.

8(c) Easements.--The conveyance shall be made under and
9subject to all lawful and enforceable easements, servitudes and
10rights of others, including, but not confined to, streets,
11roadways and rights of any telephone, telegraph, water,
12electric, gas or pipeline companies, as well as under and
13subject to any lawful and enforceable estates or tenancies
14vested in third persons appearing of record, for any portion of
15the land or improvements erected thereon.

16(d) Condition.--Any conveyance authorized under this section
17shall be made under and subject to the condition, which shall be
18contained in the deed of conveyance, that no portion of the
19property conveyed shall be used as a licensed facility, as
20defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
21other similar type of facility authorized under State law. The
22condition shall be a covenant running with the land and shall be
23binding upon the Grantee and its successors. Should the Grantee,
24or its successors, permit any portion of the property authorized
25to be conveyed in this section to be used in violation of this
26subsection, the title shall immediately revert to and revest in
27the Grantor.

28(e) Restrictive covenants.--The following restrictive
29covenants shall be included in the deed of conveyance:

30Declaration of Covenants

1Fort LeBoeuf Museum

2Borough of Waterford, Erie County, Pennsylvania

3I.       Covenants.

4a.   The deed of transfer of this property, which property
5shall hereinafter be described in this agreement as "Fort
6LeBoeuf Museum," shall contain the following language:
7"Fort LeBoeuf Historical Society and its successors,
8(hereafter referred to as "FLHS") covenants and agrees to
9assume responsibility for the maintenance, preservation,
10and administration of the property in a manner that is
11satisfactory to the Pennsylvania Historical and Museum
12Commission ("Commission") for a demonstrable public
13benefit in perpetuity; under and subject to the condition
14that the buildings and lands conveyed herein shall be
15accessible to the public."

16b.   The provisions of these covenants, hereinafter
17expressed as covenants running with the land, are herein
18set forth so as to ensure the maintenance and preservation
19of the qualities, natural resources and historical
20characteristics of Fort LeBoeuf Museum.

21II.      Standards for Historic Preservation.

22a.   Fort LeBoeuf Museum shall be maintained and preserved
23in accordance with the Secretary of the Interior's
24Standards for the Treatment of Historic Properties.

25b.   No construction, alteration, rehabilitation,
26remodeling, demolition, site development, ground
27disturbance, or other action shall be undertaken or
28permitted to said property without the prior written
29permission from the Commission.

30c.   Prior to the commencement of work, FLHS agrees to

1notify, in writing, the Commission of all such work on
2said property in advance.

3d.   The Commission will be given forty-five (45) days
4from receipt of the notice (sent via certified mail) to
5review and approve in writing the appropriateness of said
6work. If no response is provided within forty-five (45)
7days, consent shall be implied.

8III.     Requirements and Standards for Archaeological
9Investigation. 

10a.   For work that involves ground disturbance, the
11Commission may require archaeological investigation, for
12which FLHS shall have financial responsibility.

13b.   In the event that archaeological materials are
14discovered during ground-disturbing activities, work shall
15temporarily cease, and the Commission shall be consulted
16for instructions prior to proceeding with the work.

17c.   Any archaeological work shall be conducted in
18accordance with the Secretary of the Interior's Standards
19and Guidelines for Archaeological Documentation (48FR
20447344-37) and any such standards and guidelines as the
21Commission may specify.

22IV.    Access.

23a.   FLHS shall allow the Commission, at all reasonable
24times and upon reasonable advance notice to FLHS, access
25to inspect said property to ensure compliance with this
26preservation covenant.

27V.     Right of Reverter.

28a.   The deed of conveyance shall contain a clause that
29the title to the property shall immediately revert to and
30revest in the Commonwealth should FLHS sell or transfer

1the property or permit the property to be used for any
2purpose other than as a museum, or related business and/or
3curatorial offices, for any length of time.

4b.   FLHS may petition the Commission for a waiver of this
5provision if a proposed usage would meet the spirit of
6this agreement.

7c.   The Commission must specifically approve any waiver
8of this provision.

9VI.    Binding in Perpetuity.

10a.   This covenant is binding on FLHS and its successors
11in perpetuity.

12b.   This covenant shall be binding servitude upon the
13property and shall be deemed to run with the land.

14c.   Execution of this covenant shall constitute evidence
15that FLHS agrees to be bound by the foregoing conditions
16and restrictions and to perform the obligations herein set
17forth.

18(f) Deed of conveyance.--The deed of conveyance shall be
19executed by the Secretary of General Services in the name of the
20Commonwealth of Pennsylvania.

21(g) Costs and fees.--Costs and fees incidental to this
22conveyance shall be borne by the Grantee.

23(h) Expiration.--In the event that the conveyance is not
24effectuated within one year of the effective date of this
25section, the authority contained in this section shall expire.

26Section 4. Effective date.

27This act shall take effect in 60 days.