<-1Authorizing Amending the act of July 2, 2014 (P.L.881, No.100), 
2entitled "An act authorizing the Department of General 
3Services to survey certain lands and buildings situate partly 
4in the City of Harrisburg and partly in Susquehanna Township, 
5Dauphin County; authorizing the Department of Transportation, 
6with the approval of the Governor, to grant and convey to 
7East Liberty Development Corporation certain lands and 
8improvements situate in the City of Pittsburgh, Allegheny 
9County; authorizing and directing the Department of General 
10Services, with the approval of the Department of Military and 
11Veterans Affairs and the Governor, to grant and convey, at a 
12price to be determined through a competitive bid process, 
13certain lands, buildings and improvements situate in the City 
14of Pittsburgh, Allegheny County, and the Borough of Pine 
15Grove, Schuylkill County; authorizing the Department of 
16General Services, with the approval of the Governor to remove 
17and release the restrictive use covenants imposed on certain 
18real property situate in the Borough of Blossburg, Tioga 
19County; authorizing the Department of General Services, with 
20the approval of the Department of Labor and Industry and the 
21Governor, to grant and convey to the Coatesville Area Senior 
22Center, or its successors or assigns, certain lands, 
23buildings and improvements situate in the City of 
24Coatesville, Chester County; authorizing the Department of 
25General Services, with the approval of the Governor, to grant 
26and convey to the Philadelphia Technician Training School 
27certain lands situate in the City of Philadelphia, 
28Philadelphia County; authorizing the Department of General 
29Services, with the approval of the Pennsylvania Historical 
30and Museum Commission and the Governor, to grant and convey 
31to Fort LeBoeuf Historical Society certain lands situate in
 

1the Borough of Waterford, Erie County; authorizing and 
2directing the Department of General Services, with the 
3approval of Millersville University of Pennsylvania of the 
4State System of Higher Education and the Governor, to grant 
5and convey to Penn Manor School District certain lands 
6situate in the Borough of Millersville, Lancaster County, and 
7further authorizing and directing the Department of General 
8Services to accept, in exchange, a conveyance of certain 
9lands situate in the Borough of Millersville, Lancaster 
10County, from the Penn Manor School District; authorizing the 
11Department of General Services, with the approval of the 
12Governor, to remove and release the restrictive use and 
13reversionary covenants imposed on certain real property 
14situate in the City of Scranton, Lackawanna County; partially 
15removing and releasing restrictive use covenants on certain 
16lands situate in Benner Township, Centre County; and 
17authorizing the Department of General Services, with the 
18approval of the Attorney General and the concurrence of the 
19Department of Environmental Protection, to lease to the City 
20of Philadelphia land within the bed of the Delaware River 
21within the City of Philadelphia," reenacting provisions 
22authorizing the Department of General Services, with the
23approval of the Pennsylvania Historical and Museum Commission
24and the Governor, to grant and convey to the Fort LeBoeuf
25Historical Society certain lands, known as Washington
26Monument Park, Judson House and Fort LeBoeuf Museum, situate
27in the Borough of Waterford, Erie County<-.; authorizing the 
28Department of General Services, with the approval of the 
29Department of Environmental Protection and the Governor, to 
30grant and convey to Centura Development Co., Inc. a vacant 
31parcel of land situate in Old Lycoming Township, Lycoming 
32County; and authorizing the Department of General Services, 
33with the approval of the Governor, to grant and convey to the 
34Erie Convention Center Authority, or its assigns, an ingress 
35and egress easement from lands of the Commonwealth of 
36Pennsylvania at the Warner Theater Historical Site situate in 
37the City of Erie, Erie County.

38The General Assembly of the Commonwealth of Pennsylvania
39hereby enacts as follows:

<-40Section 1. The title of the act of July 2, 2014 (P.L.881,
41No.100), entitled "An act authorizing the Department of General 
42Services to survey certain lands and buildings situate partly in 
43the City of Harrisburg and partly in Susquehanna Township, 
44Dauphin County; authorizing the Department of Transportation, 
45with the approval of the Governor, to grant and convey to East 
46Liberty Development Corporation certain lands and improvements 
47situate in the City of Pittsburgh, Allegheny County; authorizing 
48and directing the Department of General Services, with the
 

1approval of the Department of Military and Veterans Affairs and 
2the Governor, to grant and convey, at a price to be determined 
3through a competitive bid process, certain lands, buildings and 
4improvements situate in the City of Pittsburgh, Allegheny 
5County, and the Borough of Pine Grove, Schuylkill County; 
6authorizing the Department of General Services, with the 
7approval of the Governor to remove and release the restrictive 
8use covenants imposed on certain real property situate in the 
9Borough of Blossburg, Tioga County; authorizing the Department 
10of General Services, with the approval of the Department of 
11Labor and Industry and the Governor, to grant and convey to the 
12Coatesville Area Senior Center, or its successors or assigns, 
13certain lands, buildings and improvements situate in the City of 
14Coatesville, Chester County; authorizing the Department of 
15General Services, with the approval of the Governor, to grant 
16and convey to the Philadelphia Technician Training School 
17certain lands situate in the City of Philadelphia, Philadelphia 
18County; authorizing the Department of General Services, with the 
19approval of the Pennsylvania Historical and Museum Commission 
20and the Governor, to grant and convey to Fort LeBoeuf Historical 
21Society certain lands situate in the Borough of Waterford, Erie 
22County; authorizing and directing the Department of General 
23Services, with the approval of Millersville University of 
24Pennsylvania of the State System of Higher Education and the 
25Governor, to grant and convey to Penn Manor School District 
26certain lands situate in the Borough of Millersville, Lancaster 
27County, and further authorizing and directing the Department of 
28General Services to accept, in exchange, a conveyance of certain 
29lands situate in the Borough of Millersville, Lancaster County, 
30from the Penn Manor School District; authorizing the Department
 

1of General Services, with the approval of the Governor, to 
2remove and release the restrictive use and reversionary 
3covenants imposed on certain real property situate in the City 
4of Scranton, Lackawanna County; partially removing and releasing 
5restrictive use covenants on certain lands situate in Benner 
6Township, Centre County; and authorizing the Department of 
7General Services, with the approval of the Attorney General and 
8the concurrence of the Department of Environmental Protection, 
9to lease to the City of Philadelphia land within the bed of the 
10Delaware River within the City of Philadelphia," is amended to 
11read:

12AN ACT

13Authorizing the Department of General Services to survey certain 
14lands and buildings situate partly in the City of Harrisburg 
15and partly in Susquehanna Township, Dauphin County; 
16authorizing the Department of Transportation, with the 
17approval of the Governor, to grant and convey to East Liberty 
18Development Corporation certain lands and improvements 
19situate in the City of Pittsburgh, Allegheny County; 
20authorizing and directing the Department of General Services, 
21with the approval of the Department of Military and Veterans 
22Affairs and the Governor, to grant and convey, at a price to 
23be determined through a competitive bid process, certain 
24lands, buildings and improvements situate in the City of 
25Pittsburgh, Allegheny County, and the Borough of Pine Grove, 
26Schuylkill County; authorizing the Department of General 
27Services, with the approval of the Governor to remove and 
28release the restrictive use covenants imposed on certain real 
29property situate in the Borough of Blossburg, Tioga County; 
30authorizing the Department of General Services, with the
 

1approval of the Department of Labor and Industry and the 
2Governor, to grant and convey to the Coatesville Area Senior 
3Center, or its successors or assigns, certain lands, 
4buildings and improvements situate in the City of 
5Coatesville, Chester County; authorizing the Department of 
6General Services, with the approval of the Governor, to grant 
7and convey to the Philadelphia Technician Training School 
8certain lands situate in the City of Philadelphia, 
9Philadelphia County; authorizing the Department of General 
10Services, with the approval of the Pennsylvania Historical 
11and Museum Commission and the Governor, to grant and convey 
12to Fort LeBoeuf Historical Society certain lands situate in 
13the Borough of Waterford, Erie County; authorizing and 
14directing the Department of General Services, with the 
15approval of Millersville University of Pennsylvania of the 
16State System of Higher Education and the Governor, to grant 
17and convey to Penn Manor School District certain lands 
18situate in the Borough of Millersville, Lancaster County, and 
19further authorizing and directing the Department of General 
20Services to accept, in exchange, a conveyance of certain 
21lands situate in the Borough of Millersville, Lancaster 
22County, from the Penn Manor School District; authorizing the 
23Department of General Services, with the approval of the 
24Governor, to remove and release the restrictive use and 
25reversionary covenants imposed on certain real property 
26situate in the City of Scranton, Lackawanna County; partially 
27removing and releasing restrictive use covenants on certain 
28lands situate in Benner Township, Centre County; [and] 
29authorizing the Department of General Services, with the 
30approval of the Attorney General and the concurrence of the
 

1Department of Environmental Protection, to lease to the City 
2of Philadelphia land within the bed of the Delaware River 
3within the City of Philadelphia[.]; authorizing the 
4Department of General Services, with the approval of the 
5Department of Environmental Protection and the Governor, to 
6grant and convey to Centura Development Co., Inc. a vacant 
7parcel of land situate in Old Lycoming Township, Lycoming 
8County; and authorizing the Department of General Services, 
9with the approval of the Governor, to grant and convey to the 
10Erie Convention Center Authority, or its assigns, an ingress 
11and egress easement from lands of the Commonwealth of 
12Pennsylvania at the Warner Theater Historical Site situate in 
13the City of Erie, Erie County.

14Section 2. Sections 8, 9 and 10 of the act are reenacted to
15read:

16Section <-1 8. Conveyance of Washington Monument Park in the
17Borough of Waterford, Erie County.

18(a) Authorization.--The Department of General Services, with
19the approval of the Pennsylvania Historical and Museum
20Commission and the Governor, is hereby authorized on behalf of
21the Commonwealth of Pennsylvania to grant and convey to the Fort
22LeBoeuf Historical Society certain lands and any improvements
23thereon <-described in subsection (b), the property being known
24locally as the Washington Monument Park, situate in the Borough
25of Waterford, Erie County, for $1.

26(b) <-Property description Description of property.--The
27property to be conveyed pursuant to <-subsection (a) this section
28consists of approximately 0.104-acres, including any
29improvements located thereon, more particularly described as
30follows:

1Tract 1

2ALL THAT CERTAIN piece or parcel of land situate in the
3Borough of Waterford, County of Erie, and Commonwealth of
4Pennsylvania, bounded and described as follows, to wit:

5BEGINNING at a point fifty (50) feet west of the west line of
6High Street and twenty (20) feet north of the north line of
7First Alley; thence southwardly, parallel with High Street, four
8(4) feet and eight (8) inches to a point; thence eastwardly and
9parallel with First Alley, four (4) feet and eight (8) inches to
10a point; thence northerly and parallel with High Street, four
11(4) feet and eight (8) inches to a point; thence westwardly,
12parallel with First Alley, four (4) feet and eight (8) inches to
13the place of BEGINNING.

14BEING the same property conveyed to the Commonwealth of
15Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of
16American Colonists, by deed dated April 11, 1945, and recorded
17in Erie County Deed Book No. 454, Page 396.

18Tract 2

19ALL THAT CERTAIN piece or lot of land situated in the Borough
20of Waterford, in the County of Erie, and Commonwealth of
21Pennsylvania, bounded and described as follows, to wit:

22COMMENCING at the southeast corner of what is N/F known as
23the Eagle Hotel Lot on High Street; thence westwardly along
24same, eighty-two and one-half (82 1/2) feet; thence southwardly
25along said lot and parallel with High Street, fifty-five (55)
26feet to First Alley; thence eastwardly, eighty-two and one-half
27(82 1/2) feet to High Street; thence along High Street
28northwardly, fifty-five (55) feet to the PLACE OF BEGINNING.

29BEING the same property conveyed to the Commonwealth of
30Pennsylvania, from the Fort LeBoeuf Chapter, Daughters of

1American Colonists, by deed dated August 16, 1950, and recorded
2in Erie County in Deed Book 573, Page 131.

3EXCEPTING THEREFROM, however, a piece of land four (4) feet
4and eight (8) inches square, heretofore conveyed by the Fort
5LeBoeuf Chapter, Daughters of the American Colonists, to the
6Commonwealth of Pennsylvania, by deed dated April 11, 1945, and
7recorded in Deed Book 454, Page 396.

8Being Parcel ID #46-9-57-2

9(c) <-Easements Conditions.--The conveyance shall be made
10under and subject to all lawful and enforceable easements,
11servitudes and rights of others, including, but not confined to,
12streets, roadways and rights of any telephone, telegraph, water,
13electric, gas or pipeline companies, as well as under and
14subject to any lawful and enforceable estates or tenancies
15vested in third persons appearing of record, for any portion of
16the land or improvements erected thereon.

17(d) <-Condition Gaming restriction.--Any conveyance authorized
18under this section shall be made under and subject to the
19condition, which shall be contained in the deed of conveyance,
20that no portion of the property conveyed shall be used as a
21licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to
22definitions), or any other similar type of facility authorized
23under State law. The condition shall be a covenant running with
24the land and shall be binding upon the <-Grantee grantee and its
25successors. Should the Grantee <-grantee, or its successors,
26permit any portion of the property authorized to be conveyed in
27this section to be used in violation of this subsection, the
28title shall immediately revert to and revest in the <-Grantor 
<-29grantor.

30(e) Restrictive covenants.--The following restrictive

1covenants shall be included in the deed of conveyance:

2Declaration of Covenants

3Washington Monument Park

4Borough of Waterford, Erie County, Pennsylvania

<-5I.       Covenants.

<-6(1) Covenants.

<-7a. (a)   The deed of transfer of this property, which
8property shall hereinafter be described in this agreement
9as "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. (b)   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.

<-25(2) Standards for Historic Preservation.

<-26a. (a)   Washington Monument Park shall be maintained and
27preserved in accordance with the Secretary of the
28Interior's Standards for the Treatment of Historic
29Properties.

<-30b. (b)   No construction, alteration, rehabilitation,

1remodeling, demolition, site development, ground
2disturbance<-, or other action shall be undertaken or
3permitted to said property without the prior written
4permission from the Commission.

<-5c. (c)   Prior to the commencement of work, FLHS agrees to
6notify, in writing, the Commission of all such work on
7said property in advance.

8d. (d)   The Commission will be given <-forty-five (45) 45
9days from receipt of the notice (sent via certified mail)
10to review and approve in writing the appropriateness of
11said work. If no response is provided within <-forty-five 
12(45) <-45 days, consent shall be implied.

<-13III.     Requirements and Standards for Archaeological
14Investigation.

<-15(3) Requirements and Standards for Archaeological
16Investigation.

<-17a. (a)   For work that involves ground disturbance, the
18Commission may require archaeological investigation, for
19which FLHS shall have financial responsibility.

<-20b. (b)   In the event that archaeological materials are
21discovered during ground-disturbing activities, work shall
22temporarily cease, and the Commission shall be consulted
23for instructions prior to proceeding with the work.

<-24c. (c)   Any archaeological work shall be conducted in
25accordance with the Secretary of the Interior's Standards
26and Guidelines for Archaeological Documentation (48FR
27447344-37) and any such standards and guidelines as the
28Commission may specify.

<-29IV.    Access.

<-30(4) Access.

<-1a. (a)   FLHS shall allow the Commission, at all
2reasonable times and upon reasonable advance notice to
3FLHS, access to inspect said property to ensure compliance
4with this preservation covenant.

<-5V.     Right of Reverter.

<-6(5) Right of Reverter.

<-7a. (a)   The deed of conveyance shall contain a clause
8that the title to the property shall immediately revert to
9and revest in the Commonwealth should FLHS sell or
10transfer the property or permit the property to be used
11for any purpose other than as a museum, or related
12business and/or curatorial offices, for any length of
13time.

<-14b. (b)   FLHS may petition the Commission for a waiver of
15this provision if a proposed usage would meet the spirit
16of this agreement.

<-17c. (c)   The Commission must specifically approve any
18waiver of this provision.

<-19VI.    Binding in Perpetuity.

<-20(6) Binding in Perpetuity.

<-21a. (a)   This covenant is binding on FLHS and its
22successors in perpetuity.

<-23b. (b)   This covenant shall be binding servitude upon the
24property and shall be deemed to run with the land.

<-25c. (c)   Execution of this covenant shall constitute
26evidence that FLHS agrees to be bound by the foregoing
27conditions and restrictions and to perform the obligations
28herein set forth.

29(f) Deed of conveyance.--The deed of conveyance shall be
30executed by the Secretary of General Services in the name of the

1Commonwealth of Pennsylvania.

2(g) Costs and fees.--Costs and fees incidental to this
3conveyance shall be borne by the <-Grantee grantee.

4(h) Expiration.--In the event that the conveyance is not
5effectuated within one year of the effective date of this
6section, the authority contained in this section shall expire.

<-7Section 9. Conveyance of Fort LeBoeuf Museum in Borough of
8Waterford, Erie County.

9(a) Authorization.--The Department of General Services, with
10the approval of the Pennsylvania Historical and Museum
11Commission and the Governor, is hereby authorized on behalf of
12the Commonwealth of Pennsylvania to grant and convey to the Fort
13LeBoeuf Historical Society certain lands and any improvements
14thereon described in subsection (b), the property being known
15locally as the Fort LeBoeuf Museum, situate in the Borough of
16Waterford, Erie County, for $1.

17(b) Description of property.--The property to be conveyed
18pursuant to this section consists of approximately 1.17 acres,
19including any improvements located thereon, more particularly
20described as follows:

21ALL THAT CERTAIN piece or parcel of land situate in the
22Borough of Waterford, Erie County, Pennsylvania, being a
23rectangle 155 feet by 330 feet, on the east side of High Street
24(Route #19), bounded by First Alley, Cherry Street (unopened)
25and Water Street (unopened).

26BEING the same piece or parcel of land acquired by the
27Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
28filed in the Office of the Prothonotary of the Court of Common
29Pleas of Erie County on September 30, 1968, at No. 2782 A Term
301968, with a notice of the Declaration of Taking recorded at the

1Office of the Recorder of Deeds of Erie County at Book 990, Page
284.

3BEING Parcel ID #46-9-58-4.

4(c) Conditions.--The conveyance shall be made under and
5subject to all lawful and enforceable easements, servitudes and
6rights of others, including, but not confined to, streets,
7roadways and rights of any telephone, telegraph, water,
8electric, gas or pipeline companies, as well as under and
9subject to any lawful and enforceable estates or tenancies
10vested in third persons appearing of record, for any portion of
11the land or improvements erected thereon.

12(d) Gaming restriction.--Any conveyance authorized under
13this section shall be made under and subject to the condition,
14which shall be contained in the deed of conveyance, that no
15portion of the property conveyed shall be used as a licensed
16facility, as defined in 4 Pa.C.S. § 1103 (relating to
17definitions), or any other similar type of facility authorized
18under State law. The condition shall be a covenant running with
19the land and shall be binding upon the grantee and its
20successors. Should the grantee, or its successors, permit any
21portion of the property authorized to be conveyed in this
22section to be used in violation of this subsection, the title
23shall immediately revert to and revest in the grantor.

24(e) Restrictive covenant.--The following restrictive
25covenants shall be included in the deed of conveyance:

26Declaration of Covenants

27Fort LeBoeuf Museum

28Borough of Waterford, Erie County, Pennsylvania

29(1) Covenants.

30(a) The deed of transfer of this property, which

1property shall hereinafter be described in this
2agreement as "Fort LeBoeuf Museum," shall contain the
3following language: "Fort LeBoeuf Historical Society
4and its successors, (hereafter referred to as "FLHS")
5covenants and agrees to assume responsibility for the
6maintenance, preservation, and administration of the
7property in a manner that is satisfactory to the
8Pennsylvania Historical and Museum Commission
9("Commission") for a demonstrable public benefit in
10perpetuity, under and subject to the condition that
11the buildings and lands conveyed herein shall be
12accessible to the public."

13(b) The provisions of these covenants, hereinafter
14expressed as covenants running with the land, are
15herein set forth so as to ensure the maintenance and
16preservation of the qualities, natural resources and
17historical characteristics of Fort LeBoeuf Museum.

18(2) Standards for Historic Preservation.

19(a) Fort LeBoeuf Museum shall be maintained and
20preserved in accordance with the Secretary of the
21Interior's Standards for the Treatment of Historic
22Properties.

23(b) No construction, alteration, rehabilitation,
24remodeling, demolition, site development, ground
25disturbance or other action shall be undertaken or
26permitted to said property without the prior written
27permission from the Commission.

28(c) Prior to the commencement of work, FLHS agrees to
29notify, in writing, the Commission of all such work
30on said property in advance.

1(d) The Commission will be given 45 days from receipt of
2the notice (sent via certified mail) to review and
3approve in writing the appropriateness of said work.
4If no response is provided within 45 days, consent
5shall be implied.

6(3) Requirements and Standards for Archaeological
7Investigation.

8(a) For work that involves ground disturbance, the
9Commission may require archaeological investigation,
10for which FLHS shall have financial responsibility.

11(b) In the event that archaeological materials are
12discovered during ground-disturbing activities, work
13shall temporarily cease, and the Commission shall be
14consulted for instructions prior to proceeding with
15the work.

16(c) Any archaeological work shall be conducted in
17accordance with the Secretary of the Interior's
18Standards and Guidelines for Archaeological
19Documentation (48FR 447344-37) and any such standards
20and guidelines as the Commission may specify.

21(4) Access.

22FLHS shall allow the Commission, at all reasonable times
23and upon reasonable advance notice to FLHS, access to
24inspect said property to ensure compliance with this
25preservation covenant.

26(5) Right of Reverter.

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

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

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

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

9(6) Binding in Perpetuity.

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

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

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

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 <-2 10. Conveyance of Judson House in the Borough of
27Waterford, Erie County.

28(a) Authorization.--The Department of General Services, with
29the approval of <-the Governor and the Pennsylvania Historical and
30Museum Commission <-and the Governor, is hereby authorized on

1behalf of the Commonwealth of Pennsylvania to grant and convey
2to the Fort LeBoeuf Historical Society certain lands and any
3improvements thereon <-described in subsection (b), the property
4being known locally as the Judson House<-, situate in the Borough
5of Waterford, Erie County, for $1.

6(b) <-Property description Description of Property.--The
7property to be conveyed pursuant to <-subsection (a) this section
8consists of approximately 0.5871 acres, including any
9improvements located thereon, more particularly described as
10follows:

11Tract 1

12ALL THAT CERTAIN piece or parcel of land situate in the
13Borough of Waterford, County of Erie and Commonwealth of
14Pennsylvania, being Lots Nos. Seven (7) and Eight (8) of
15Garrison Lots in said Borough.

16The said lots are situate at the southeast intersection of
17High Street and First Street, in said Borough, and front for a
18distance of 105 feet on the south side of First Street and
19extends southerly therefrom a distance of 155 feet on the east
20side of High Street.

21Excepting and reserving however, from the above described
22land all that easterly portion consisting of a 60 foot frontage
23on First Street and extending to a depth of 155 feet therefrom
24in a southerly direction.

25BEING the same piece or parcel of land conveyed to the
26Commonwealth of Pennsylvania, from Frank R. Johnston, et al, by
27deed dated July 8, 1949, and recorded in Erie County Deed Book
28542, Page 549.

29Tract 2

30ALL THAT CERTAIN piece or parcel of land situate in the

1Borough of Waterford, County of Erie and Commonwealth of
2Pennsylvania, being the east sixty (60) feet fronting on the
3southerly side of First Street to an alley, and extending
4southwardly at a uniform depth of one hundred fifty-five (155)
5feet, of lots Nos. 7 and 8 of the Garrison Lots in the Borough
6of Waterford, more fully bounded and described as follows, to
7wit:

8BEGINNING at a point in the south line of First Street, one
9hundred five (105) feet eastwardly from the point of
10intersection of the south line of First Street with the east
11line of High Street; thence southwardly parallel with the east
12line of High Street, one hundred and fifty-five (155) feet, more
13or less, to the north line of an alley; thence eastwardly along
14the north line of said alley, and parallel with the south line
15of First Street, sixty (60) feet to a point; thence northwardly
16parallel with the east line of High Street, one hundred and
17fifty-five (155) feet, more or less, to the south line of First
18Street; and thence westwardly along the south line of First
19Street, sixty (60) feet to the place of BEGINNING.

20BEING the same piece or parcel of land conveyed to the
21Commonwealth of Pennsylvania, from Miriam Kuhns, unmarried, and
22Cynthia Ensworth, widow, by deed dated March 21, 1950, and
23recorded in Erie County Deed Book 560, Page 348.

24BEING Parcel ID #46-9-58-1<-.

25(c) <-Easements Conditions.--The conveyance shall be made
26under and subject to all lawful and enforceable easements,
27servitudes and rights of others, including, but not confined to,
28streets, roadways and rights of any telephone, telegraph, water,
29electric, gas or pipeline companies, as well as under and
30subject to any lawful and enforceable estates or tenancies

1vested in third persons appearing of record, for any portion of
2the land or improvements erected thereon.

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

15(e) Restrictive covenants.--The following restrictive
16covenants shall be included in the deed of conveyance:

17Declaration of Covenants

18Judson House

19Borough of Waterford, Erie County, Pennsylvania

<-20I. (1)       Covenants.

<-21a. (a)  The deed of transfer of this property, which
22property shall hereinafter be described in this agreement as
23"Judson House," shall contain the following language: "Fort
24LeBoeuf Historical Society and its successors, (hereafter
25referred to as "FLHS") covenants and agrees to assume
26responsibility for the maintenance, preservation, and
27administration of the property in a manner that is
28satisfactory to the Pennsylvania Historical and Museum
29Commission ("Commission") for a demonstrable public benefit
30in perpetuity; under and subject to the condition that the

1buildings and lands conveyed herein shall be accessible to
2the public."

<-3b. (b)   The provisions of these covenants, hereinafter
4expressed as covenants running with the land, are herein set
5forth so as to ensure the maintenance and preservation of the
6qualities, natural resources and historical characteristics
7of Judson House.

<-8II. (2)      Standards for Historic Preservation. 

<-9a. (a)   Judson House shall be maintained and preserved in
10accordance with the Secretary of the Interior's Standards for
11the Treatment of Historic Properties.

<-12b. (b)   No construction, alteration, rehabilitation,
13remodeling, demolition, site development, ground disturbance,
14or other action shall be undertaken or permitted to said
15property without the prior written permission from the
16Commission.

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

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

<-25III. (3)     Requirements and Standards for Archaeological
26Investigation.

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

<-30b. (b)   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. (c)   Any archaeological work shall be conducted in
5accordance with the Secretary of the Interior's Standards and
6Guidelines for Archaeological Documentation (48FR 447344-37)
7and any such standards and guidelines as the Commission may
8specify.

<-9IV. (4)    Access.

<-10a. (a)   FLHS shall allow the Commission, at all reasonable
11times and upon reasonable advance notice to FLHS, access to
12inspect said property to ensure compliance with this
13preservation covenant.

<-14V. (5)     Right of Reverter.

<-15a. (a)   The deed of conveyance shall contain a clause that
16the title to the property shall immediately revert to and
17revest in the Commonwealth should FLHS sell or transfer the
18property or permit the property to be used for any purpose
19other than as a museum, or related business and/or curatorial
20offices, for any length of time.

<-21b. (b)   FLHS may petition the Commission for a waiver of
22this provision if a proposed usage would meet the spirit of
23this agreement.

<-24c. (c)   The Commission must specifically approve any waiver
25of this provision.

<-26VI. (6)    Binding in Perpetuity.

<-27a. (a)   This covenant is binding on FLHS and its successors
28in perpetuity.

<-29b. (b)   This covenant shall be binding servitude upon the
30property and shall be deemed to run with the land.

<-1c. (c)   Execution of this covenant shall constitute evidence
2that FLHS agrees to be bound by the foregoing conditions and
3restrictions and to perform the obligations herein set forth.

4(f) Deed of conveyance.--The deed of conveyance shall be by
5Special Warranty Deed and shall be executed by the Secretary of
6General Services in the name of the Commonwealth of
7Pennsylvania.

8(g) Costs and fees.--Costs and fees incidental to this
9conveyance shall be borne by the grantee.

10(h) Expiration.--In the event that the conveyance is not
11effectuated within one year of the effective date of this
12section, the authority contained in this section shall expire.

<-13Section 3. Conveyance of Fort LeBoeuf Museum in the Borough of
14Waterford, Erie County.

15(a) Authorization.--The Department of General Services, with
16the approval of the Pennsylvania Historical and Museum
17Commission and the Governor, is hereby authorized on behalf of
18the Commonwealth of Pennsylvania to grant and convey to the Fort
19LeBoeuf Historical Society certain lands and any improvements
20thereon, the property being known locally as the Fort LeBoeuf
21Museum situate in the Borough of Waterford, Erie County, for $1.

22(b) Property description.--The property to be conveyed
23pursuant to subsection (a) consists of approximately 1.17-acres,
24including any improvements located thereon, more particularly
25described as follows:

26ALL THAT CERTAIN piece or parcel of land situate in the
27Borough of Waterford, Erie County, Pennsylvania, being a
28rectangle 155 feet by 330 feet, on the east side of High Street
29(Route #19), bounded by First Alley, Cherry Street (unopened)
30and Water Street (unopened).

1BEING the same piece or parcel of land acquired by the
2Commonwealth of Pennsylvania, pursuant to Declaration of Taking,
3filed in the Office of the Prothonotary of the Court of Common
4Pleas of Erie County on September 30, 1968, at No. 2782 A Term
51968, with a notice of the Declaration of Taking recorded at the
6Office of the Recorder of Deeds of Erie County at Book 990, Page
784.

8BEING Parcel ID #46-9-58-4.

9(c) Easements.--The conveyance shall be made under and
10subject to all lawful and enforceable easements, servitudes and
11rights of others, including, but not confined to, streets,
12roadways and rights of any telephone, telegraph, water,
13electric, gas or pipeline companies, as well as under and
14subject to any lawful and enforceable estates or tenancies
15vested in third persons appearing of record, for any portion of
16the land or improvements erected thereon.

17(d) Condition.--Any conveyance authorized under this section
18shall be made under and subject to the condition, which shall be
19contained in the deed of conveyance, that no portion of the
20property conveyed shall be used as a licensed facility, as
21defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
22other similar type of facility authorized under State law. The
23condition shall be a covenant running with the land and shall be
24binding upon the Grantee and its successors. Should the Grantee,
25or its successors, permit any portion of the property authorized
26to be conveyed in this section to be used in violation of this
27subsection, the title shall immediately revert to and revest in
28the Grantor.

29(e) Restrictive covenants.--The following restrictive
30covenants shall be included in the deed of conveyance:

1Declaration of Covenants

2Fort LeBoeuf Museum

3Borough of Waterford, Erie County, Pennsylvania

4I.       Covenants.

5a.   The deed of transfer of this property, which property
6shall hereinafter be described in this agreement as "Fort
7LeBoeuf Museum," shall contain the following language:
8"Fort LeBoeuf Historical Society and its successors,
9(hereafter referred to as "FLHS") covenants and agrees to
10assume responsibility for the maintenance, preservation,
11and administration of the property in a manner that is
12satisfactory to the Pennsylvania Historical and Museum
13Commission ("Commission") for a demonstrable public
14benefit in perpetuity; under and subject to the condition
15that the buildings and lands conveyed herein shall be
16accessible to the public."

17b.   The provisions of these covenants, hereinafter
18expressed as covenants running with the land, are herein
19set forth so as to ensure the maintenance and preservation
20of the qualities, natural resources and historical
21characteristics of Fort LeBoeuf Museum.

22II.      Standards for Historic Preservation.

23a.   Fort LeBoeuf Museum shall be maintained and preserved
24in accordance with the Secretary of the Interior's
25Standards for the Treatment of Historic Properties.

26b.   No construction, alteration, rehabilitation,
27remodeling, demolition, site development, ground
28disturbance, or other action shall be undertaken or
29permitted to said property without the prior written
30permission from the Commission.

1c.   Prior to the commencement of work, FLHS agrees to
2notify, in writing, the Commission of all such work on
3said property in advance.

4d.   The Commission will be given forty-five (45) days
5from receipt of the notice (sent via certified mail) to
6review and approve in writing the appropriateness of said
7work. If no response is provided within forty-five (45)
8days, consent shall be implied.

9III.     Requirements and Standards for Archaeological
10Investigation. 

11a.   For work that involves ground disturbance, the
12Commission may require archaeological investigation, for
13which FLHS shall have financial responsibility.

14b.   In the event that archaeological materials are
15discovered during ground-disturbing activities, work shall
16temporarily cease, and the Commission shall be consulted
17for instructions prior to proceeding with the work.

18c.   Any archaeological work shall be conducted in
19accordance with the Secretary of the Interior's Standards
20and Guidelines for Archaeological Documentation (48FR
21447344-37) and any such standards and guidelines as the
22Commission may specify.

23IV.    Access.

24a.   FLHS shall allow the Commission, at all reasonable
25times and upon reasonable advance notice to FLHS, access
26to inspect said property to ensure compliance with this
27preservation covenant.

28V.     Right of Reverter.

29a.   The deed of conveyance shall contain a clause that
30the title to the property shall immediately revert to and

1revest in the Commonwealth should FLHS sell or transfer
2the property or permit the property to be used for any
3purpose other than as a museum, or related business and/or
4curatorial offices, for any length of time.

5b.   FLHS may petition the Commission for a waiver of this
6provision if a proposed usage would meet the spirit of
7this agreement.

8c.   The Commission must specifically approve any waiver
9of this provision.

10VI.    Binding in Perpetuity.

11a.   This covenant is binding on FLHS and its successors
12in perpetuity.

13b.   This covenant shall be binding servitude upon the
14property and shall be deemed to run with the land.

15c.   Execution of this covenant shall constitute evidence
16that FLHS agrees to be bound by the foregoing conditions
17and restrictions and to perform the obligations herein set
18forth.

19(f) Deed of conveyance.--The deed of conveyance shall be
20executed by the Secretary of General Services in the name of the
21Commonwealth of Pennsylvania.

22(g) Costs and fees.--Costs and fees incidental to this
23conveyance shall be borne by the Grantee.

24(h) Expiration.--In the event that the conveyance is not
25effectuated within one year of the effective date of this
26section, the authority contained in this section shall expire.

27Section 4. Effective date.

28This act shall take effect in 60 days.

<-29Section 3. The act is amended by adding sections to read:

30Section 14.1. Conveyance in Old Lycoming Township, Lycoming

1County.

2(a) Authorization.--The Department of General Services, with
3the approval of the Department of Environmental Protection and
4the Governor, is authorized on behalf of the Commonwealth to
5grant and convey to Centura Development Co., Inc. certain land
6situate in Old Lycoming Township, Lycoming County for $500.

7(b) Legal description.--The property to be conveyed pursuant
8to Section 1 consists of approximately 1,248 +/- square feet or
9approximately .03-acres and improvements thereon bounded and
10more particularly described as follows:

11ALL THAT CERTAIN piece, parcel, and lot of land situate in
12Old Lycoming Township, Lycoming County, Pennsylvania and shown
13upon a plan by the Larson Design Group, file 6240-006; bounded
14and described as follows:

15BEGINNING at a set mag nail on the southern right of way line
16of Carmella Avenue, said mag nail being located South 84 degrees
1752 minutes 59 seconds East, 76.66 feet from a set mag nail on
18the eastern right of way line of Pennsylvania State Route 1017,
19being known as Lycoming Creek Road, and the northwest corner of
20lands of Raymond A. Eck (Tax Parcel No. 43-07-603);

21THENCE from the point and place of beginning and along the
22southern right of way line of Carmella Avenue the two following
23courses and distances:

241.North 82 degrees 05 minutes 38 seconds East, 67.02
25feet to a set steel pin;

262.By a curve to the right with a radius of 66.71 feet,
27an arch length of 63.59 feet, a delta angle of 54 degrees 36
28minutes 59 seconds, and a chord of South 70 degrees 35 minutes
2953 seconds East, 61.21 feet to a set steel pin at the northeast
30corner of lands of Raymond A. Eck (Tax Parcel No. 43-07-603);

1THENCE along the northern line of lands of Raymond A. Eck
2(Tax Parcel No. 43-07-603), North 84 degrees 52 minutes 59
3seconds West, 124.62 feet to the point and place of BEGINNING.

4CONTAINING 1,248 square feet, more or less.

5(c) Conditions.--The conveyance shall be made under and
6subject to all lawful and enforceable easements, servitudes and
7rights of others, including streets, roadways and rights of any
8telephone, telegraph, water, electric, gas or pipeline
9companies, and under and subject to any lawful and enforceable
10estates or tenancies vested in third persons appearing of
11record, for any portion of the land or improvements erected on
12the land.

13(d) Gaming restriction.--The conveyance authorized under
14this section shall be made under and subject to the condition,
15which shall be contained in the deed of conveyance, that no
16portion of the property conveyed shall be used as a licensed
17facility, as defined in 4 Pa.C.S. § 1103 (relating to
18definitions), or any other similar type of facility authorized
19under State law. The condition shall be a covenant running with
20the land and shall be binding upon the grantee and its
21successors in interest. If the grantee or a successor in
22interest permits a portion of the property authorized to be
23conveyed in this section to be used in violation of this
24subsection, the title shall immediately revert to and revest in
25the grantor.

26(e) Deed of conveyance.--The deed of conveyance shall be by
27special warranty deed and shall be executed by the Secretary of
28General Services in the name of the Commonwealth.

29(f) Costs and fees.--Costs and fees incidental to this
30conveyance shall be borne by the grantee.

1(g) Deposit of proceeds.--The proceeds from this sale shall
2be deposited in the General Fund.

3(h) Expiration.--If this conveyance is not executed within
4six months of the effective date of this section, the authority
5contained in this section shall expire.

6Section 14.2. Easement from land in the City of Erie, Erie
7County.

8(a) Authorization.--The Department of General Services, with
9the approval of the Governor, is authorized on behalf of the
10Commonwealth to grant and convey to the Erie County Convention
11Center Authority and its successors in interest, a permanent
12ingress and egress easement from lands of the Commonwealth at
13the Warner Theater Historical Site situate in the City of Erie,
14Erie County for $1.00, under terms and conditions to be
15established in an easement agreement.

16(b) Legal description.--The permanent utility easements to
17be conveyed under subsection (a) total approximately 0.0062
18acres, bounded and more particularly described as follows:

19THAT CERTAIN parcel of land situate in the second ward of the
20City of Erie, County of Erie, and Commonwealth of Pennsylvania,
21being a portion of Erie County Index No. (15)020-001.0-201.00,
22more fully described as follows:

23BEGINNING at a point in the northerly terminus of an existing
2412-foot wide alley on the northerly side of East 9th Street (60-
25foot right-of-way) which bears the following three (3) courses
26from the intersection of the northerly right-of-way line of said
27East 9th Street with the easterly right-of-way line of State
28Street (100-foot right-of-way):

291) N64º01'45"E along said northerly right-of-way line of East 
309th Street, a distance of 165.48 feet to an intersection with
 

1said westerly right-of-way line of the alley; thence

22) N26º00'30"W along said westerly right-of-way line of the
3alley, a distance of 120.20 feet to said terminus of the alley;
4thence

53) N64º 01'50"E along said terminus of the alley, a distance 
6of 6.00 fee to the point of beginning;

7THENCE N26º00'30"W, a distance of 45.00 feet; thence
8N64º01'50"E, a distance of 6.00 feet; thence S26º00'30"E, a
9distance of 45.00 feet to an intersection with said northerly
10terminus of the alley; thence S64º01'50"W along said terminus of
11the alley, a distance of 6.00 feet to the point of beginning.

12Containing 0.0062 acre.

13(c) Easement agreement.--The easement agreement shall be
14executed by the Secretary of General Services in the name of the
15Commonwealth.

16(d) Costs and fees.--Costs and fees incidental to the
17easement agreement shall be borne by the grantee.

18(e) Expiration.--If the parties have not entered into an
19easement agreement within one year of the effective date of this
20section, the authorization contained in this section shall
21expire.

22Section 4. This act shall take effect as follows:

23(1) The following provisions shall take effect
24immediately:

25(i) Section 1 (title) of this act.

26(ii) Section 2 (sections 8, 9 and 10) of this act.

27(iii) This section.

28(2) The remainder of this act shall take effect in 60
29days.