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PRINTER'S NO. 3120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1968
Session of
2015
INTRODUCED BY CHRISTIANA, APRIL 7, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 7, 2016
AN ACT
Authorizing the Department of General Services, with the
approval of the Pennsylvania Historical and Museum Commission
and the Governor, to grant and convey to the Bradford House
Historical Association certain lands situate in the City of
Washington, Washington County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance.
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 section 2,
the property being known locally as the historic David Bradford
House, situate in the City of Washington, Washington County, for
$1.
Section 2. Property description.
The property to be conveyed under section 1 consists of two
parcels of land containing 0.29 acres, including any
improvements located thereon, situate in the First Ward of the
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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
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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
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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
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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
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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.
Section 3. Requirement for conveyance.
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.
Section 4. Condition.
Any conveyance authorized under this act 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.
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§ 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 act to be used in violation of this section, the title
shall immediately revert to and revest in the grantor.
Section 5. 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
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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
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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
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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.
Section 6. Execution.
The deed of conveyance shall be executed by the Secretary of
General Services in the name of the Commonwealth of
Pennsylvania.
Section 7. Costs and fees.
Costs and fees incidental to the conveyance authorized under
this act shall be borne by the grantee.
Section 8. Expiration.
If the conveyance authorized under this act is not
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effectuated within one year of the effective date of this act,
the authority provided under this act shall expire.
Section 9. Effective date.
This act shall take effect immediately.
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