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PRIOR PRINTER'S NOS. 3120, 3881
PRINTER'S NO. 3964
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1968
Session of
2015
INTRODUCED BY CHRISTIANA AND NEUMAN, APRIL 7, 2016
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 28, 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; and to grant and convey, at a
price to be determined through a competitive bid process,
certain lands, buildings and improvements situate in South
Strabane Township, Washington County.; AND AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS AND THE GOVERNOR,
TO GRANT AND CONVEY TO THE SALVATION ARMY, OR ITS SUCCESSORS
OR ASSIGNS, CERTAIN LANDS, BUILDINGS AND IMPROVEMENTS SITUATE
IN THE BOROUGH OF EAST STROUDSBURG, MONROE COUNTY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
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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
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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
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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.,
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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
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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
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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.
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(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
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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
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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) Executed.--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
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section is not effectuated within one year of the effective date
of this section, the authority provided under this section shall
expire.
Section 2. Conveyance in South Strabane Township, Washington
County.
(a) Authorization.--The Department of General Services, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to grant and convey, at a price
to be determined through a competitive bidding process, the
tract of land together with any buildings, structures or
improvements thereon described in subsection (b), situate in
South Strabane Township, Washington County.
(b) Property description.--The property to be conveyed under
this section consists of a tract of land totaling approximately
3.0-acres, including any and all improvements located thereon,
more particularly described as follows:
ALL THAT CERTAIN piece or parcel of land located in South
Strabane Township, Washington County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point in the center line of Murtland Avenue,
9.64 feet, Southwardly, from the present corner of property of
the Commonwealth of Pennsylvania, and also in the line of its
Western boundary line; thence crossing a part of Murtland Avenue
and by the property of the Commonwealth, North 0°19'44" West,
for a distance of 509.64 feet, to a concrete monument; thence by
property of the parties of the first part, the following courses
and distances, South 84°16'30" West for a distance of 100.00
feet to a point; thence North 87°14' West for a distance of
120.56 feet to a point; thence North 84°38' West for a distance
of 36.56 feet to a point; thence South 0°19'44" East for a
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distance of 509.64 feet to the center line of Murtland Avenue;
thence by the same, using chords instead of arcs of a circle,
South 84°36' East for a distance of 56.68 feet; thence South
67°14' East for a distance of 120.56 feet; thence North
84°16'30" East for a distance of 100.00 feet, to the place of
BEGINNING.
CONTAINING 3.00 Acres, according to a survey made by H. H.
Streator, engineer, in January, 1946.
(c) Easements.--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) Execution of deed.--The deed of conveyance shall be
executed by the Secretary of General Services in the name of the
Commonwealth of Pennsylvania.
(e) Deposit of proceeds.--The proceeds from the sale shall
be deposited in the General Fund.
SECTION 3. CONVEYANCE IN EAST STROUDSBURG BOROUGH, MONROE
COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
AND THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF THE
COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
SALVATION ARMY, OR ITS SUCCESSORS OR ASSIGNS, THE FOLLOWING
TRACT OF LAND TOGETHER WITH ANY BUILDINGS, STRUCTURES OR
IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF EAST
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STROUDSBURG, MONROE COUNTY, FOR $75,000, AND UNDER TERMS AND
CONDITIONS TO BE ESTABLISHED IN AN AGREEMENT OF SALE WITH THE
DEPARTMENT OF GENERAL SERVICES.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY 0.60-ACRES
OF LAND AND IMPROVEMENTS LOCATED THEREON, BOUNDED AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT OR PIECE OF LAND WITH IMPROVEMENTS
THEREON ERECTED, SITUATE IN THE BOROUGH OF EAST STROUDSBURG,
COUNTY OF MONROE AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND
DESCRIBED, AS FOLLOWS, TO WIT:
BEGINNING AT AN IRON BOLT IN THE SOUTHEASTERLY SIDE OF
WASHINGTON STREET, A CORNER OF THIS AND ALSO OF LANDS NOW OR
LATE OF WILLIAM A. GILBERT COMPANY, THENCE EXTENDING ALONG THE
SOUTHEASTERLY SIDE OF WASHINGTON STREET, WITH BEARINGS FROM THE
MAGNETIC MERIDIAN OF 1902, NORTH THIRTY-FOUR DEGREES FIFTEEN
MINUTES EAST, ONE HUNDRED AND ELEVEN FEET TO A CORNER OF LANDS
NOW OR FORMERLY OF EDITH BROCKLEY, THENCE BY THE SAID LAND
CROSSING THE HEAD OF A CERTAIN ALLEY FIFTEEN FEET WIDE, (WHICH
HEAD LINE OF SAID ALLEY IS FIFTEEN AND FORTY-SEVEN ONE-
HUNDREDTHS FEET) AND EXTENDING ALONG OTHER LAND OF LUTHER S.
HOFFMANN AND OTHERS OF WHICH THIS WAS PART, TWO HUNDRED AND
TWENTY-SEVEN AND FIFTY-SEVEN ONE-HUNDREDTHS FEET TO A POINT,
THENCE BY OTHER LAND OF LUTHER S. HOFFMANN, SOUTH TWENTY-SEVEN
DEGREES THIRTY-FIVE MINUTES EAST FORTY-TWO AND THREE-TENTHS FEET
TO A CORNER OF CONCRETE WALL IN THE NORTHWESTERLY SIDE OF EAST
BROWN OR BROWN STREET, THENCE SOUTH SIXTY-TWO DEGREES FIFTEEN
MINUTES WEST ALONG THE SAID SIDE OF EAST BROWN OR BROWN STREET
ONE HUNDRED AND TWO AND FIVE-TENTHS FEET TO AN IRON BOLT A
CORNER OF THIS AND LAND NOW OR LATE OF WILLIAM A. GILBERT
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COMPANY, THENCE ALONG THE SAME NORTH FIFTY-FIVE DEGREES FORTY
MINUTES WEST TWO HUNDRED AND FIFTEEN AND ONE-TENTH FEET TO THE
PLACE OF BEGINNING.
CONTAINING 0.60 ACRES, MORE OR LESS.
BEING PARCEL ID NO. 05730120719604.
BEING THE SAME PREMISES CONVEYED FROM MONROE ARMORY
ASSOCIATION, TO THE COMMONWEALTH OF PENNSYLVANIA, BY DEED DATED
OCTOBER 11, 1922 AND RECORDED IN THE MONROE COUNTY RECORDER OF
DEEDS OFFICE IN DEED BOOK VOLUME 88, PAGE 2.
(C) 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.
(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 IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. SHOULD THE
GRANTEE, ITS SUCCESSORS OR ASSIGNS, PERMIT ANY PORTION OF THE
PROPERTY AUTHORIZED TO BE CONVEYED IN THIS ACT TO BE USED IN
VIOLATION OF THIS SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT
TO AND REVEST IN THE GRANTOR.
(E) DISCRETION OF SECRETARY OF GENERAL SERVICES.--THE
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SECRETARY OF THE DEPARTMENT OF GENERAL SERVICES SHALL HAVE THE
AUTHORITY TO IMPOSE ANY COVENANTS, CONDITIONS AND RESTRICTIONS
AS DEEMED IN THE BEST INTERESTS OF THE COMMONWEALTH.
(F) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
WARRANTY DEED AND 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 THIS
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(H) DEPOSIT OF PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL
BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
(I) ALTERNATE DISPOSITION.--IN THE EVENT THAT THIS
CONVEYANCE IS NOT EXECUTED PER THE TERMS AND CONDITIONS AS
ESTABLISHED IN THE AGREEMENT OF SALE, WITH THE DEPARTMENT OF
GENERAL SERVICES, THE PROPERTY MAY BE DISPOSED OF BY COMPETITIVE
BID.
Section 3 4. Effective date.
This act shall take effect immediately.
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17