PRIOR PRINTER'S NO. 2022 PRINTER'S NO. 2150
No. 1448 Session of 2002
INTRODUCED BY LEMMOND AND MELLOW, MAY 28, 2002
AS AMENDED ON THIRD CONSIDERATION, JUNE 25, 2002
AN ACT
1 Authorizing and directing the Department of General Services,
2 with the approval of the Governor, to grant and convey to
3 Pennsylvania Suburban Water Company (as successor to
4 Philadelphia Suburban Water Company by merger), certain lands
5 situate in Canaan Township, Wayne County, and Carbondale and
6 Fell Townships in Lackawanna County.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Wayne County and Lackawanna County Conveyance.
10 (a) Conveyance authorized.--The Department of General
11 Services, with the approval of the Governor, is hereby
12 authorized and directed on behalf of the Commonwealth of
13 Pennsylvania to grant and convey to Pennsylvania Suburban Water
14 Company (as successor to Philadelphia Suburban Water Company by
15 merger), certain lands and improvements thereon situate on the
16 grounds of the State Correctional Institution at Waymart, north
17 of State Route 0006 and described in subsection (b), along with
18 a water utility easement on the grounds of the State
19 Correctional Institution at Waymart as more fully described in
1 subsection (c), all in accordance with SUBJECT TO SUCH <--
2 CONSIDERATION AND TERMS AS ARE PROVIDED IN a Lease with Option
3 to Purchase Agreement with the Department of General Services,
4 dated March 12, 2002.
5 (b) Property description.--The property to be conveyed
6 pursuant to this section consists of approximately 390-acres of
7 land bounded and described according to a metes and bounds
8 description prepared by Alfred K. Bucconear, Registered
9 Professional Land Surveyor. These lands are comprised of six (6)
10 tracts, more particularly described as follows:
11 TRACT ONE
12 ALL that certain piece, parcel or tract of land lying,
13 situate and being in the Township of Canaan, County of Wayne and
14 Commonwealth of Pennsylvania, bounded and described as follows,
15 to wit:
16 BEGINNING at the southerly corner of a tract of land in the
17 warrantee name of James Chapman, being also a northerly corner
18 of a tract of land in the warrantee name of Benjamin Mason;
19 thence south nine and one quarter degrees east sixty nine and
20 nine tenths rods to a corner; thence by a parcel of land
21 containing one acre, heretofore conveyed by the President,
22 Managers and Company of the Delaware and Hudson Canal Company to
23 J. B. Fitzsimmons, north seventy six degrees west eight and
24 ninety five one hundredths rods, south nine and one quarter
25 degrees east twenty rods, south seventy six degrees east seven
26 and thirty five one hundredths rods to a corner on the northerly
27 side of the Honesdale and Clarksville Turnpike; thence south six
28 and one half degrees west sixteen and five tenths rods or
29 thereabouts to the center of the Old Gravity Plane No. 20,
30 thence up the center of said Old Gravity Plane No. 20 twenty
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1 nine rods to the center of the highway crossing said plane;
2 thence south westerly along the center of the said highway two
3 hundred feet to a corner; thence north westerly parallel with
4 the center line of the Old Gravity Plane No. 20, four hundred
5 and eighty feet or thereabouts to a point distant one hundred
6 feet, north easterly at right angles, from the center of the
7 main line on the Honesdale Division of the Delaware and Hudson
8 Company; thence in a north westerly direction by a line parallel
9 with and distant one hundred feet north easterly at right angles
10 from the center of said main line to the south easterly line of
11 a tract of land in the warrantee name of Henry Ellis; thence in
12 a north westerly direction eight hundred and twenty feet or
13 thereabouts to a stone post marking the north easterly corner of
14 a tract of land heretofore conveyed to the Delaware and Hudson
15 Canal Company, by Thomas Thomas, etal by deed dated December 1,
16 1857; thence north forty seven degrees east ninety eight rods to
17 a corner in the southwesterly line of said James Chapman tract;
18 and thence by the said line of said tract south forty four and
19 three quarters degrees east two hundred and thirteen (213) rods
20 to the place of Beginning. Being part of two tracts of land in
21 the warrantee names of Henry Ellis and Benjamin Mason; and
22 containing one hundred and sixty four (164) acres of land or
23 thereabouts; and being part of a larger tract of land conveyed
24 to the President, Managers and Company of the Delaware and
25 Hudson Canal Company by Lucy Rogers and others, by deed dated
26 March 31, 1857, and recorded in the office for the recording of
27 deeds & etc. in and for Wayne County, in Deed Book No. 25, Page
28 52, as by reference thereto will more fully appear.
29 BEING part of the same premises which The Delaware And Hudson
30 Company (Formerly The President, Managers, and Company of the
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1 Delaware and Hudson Canal Company), by indenture, dated February
2 19, 1907, and recorded in Wayne County Deed Book Volume 97 at
3 Page 98, granted, conveyed, released and remised to The
4 Commonwealth of Pennsylvania, GRANTOR herein.
5 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
6 successors and assigns, all lands of Tract One, which are
7 located southerly of the center of the right of way of ROUTE
8 6/STATE ROUTE 0006.
9 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
10 successors and assigns, a certain parcel of land, described as
11 follows, to wit:
12 BEGINNING at a point or corner, located in the center of the
13 right of way of Route 6/State Route 0006, at the intersection,
14 with a certain entrance/exit roadway, leading south, into and
15 through, lands of the Commonwealth of Pennsylvania (D.B. 97,
16 P.98 - The First (Parcel) Thereof:); thence, along the center of
17 the right of way of the aforesaid Route 6/State Route 0006, the
18 following two, curvilinear and/or chord, courses and distances:
19 Along the arc of a curve to the right, in a northwesterly
20 direction, having a central angle of 11 degrees 35 minutes 51
21 seconds, with a radius of 1432.69 feet, a distance or arc length
22 of 290.00 feet to a point or corner and North 61 degrees 29
23 minutes 09 seconds West 85.01 feet to a point or corner; thence,
24 departing from said public highway and through lands of the
25 Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First
26 (Parcel) Thereof:); the following four courses and distances:
27 North 27 degrees 36 minutes 54 seconds East 403.77 feet to an
28 iron pin corner set, located southwesterly of a certain private
29 roadway; thence, South 62 degrees 23 minutes 06 seconds East
30 100.00 feet to an iron pin corner set, located southwesterly of
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1 the aforesaid private roadway; thence, South 24 degrees 43
2 minutes 05 seconds East 344.28 feet to an iron pin corner set,
3 located southwesterly of the aforesaid private roadway and;
4 thence, South 27 degrees 18 minutes 14 seconds West (Crossing a
5 certain private driveway, at 40 feet (more or less), which
6 extends northwesterly from its intersection with the aforesaid
7 private roadway referenced herein) 170.00 feet to the place of
8 beginning. Containing, within bounds, 2.7580 Acres of land,
9 inclusive of that area occupied by public highway and utility
10 companies, easements and rights of way and supporting various
11 improvements located thereon.
12 ALSO, RESERVING, unto the GRANTOR and GRANTEE herein, their
13 respective heirs, successors and assigns, and others having
14 lawful claim, the common or joint right of use, along and over,
15 the travelway (Being 15 feet, more or less, in width) of the
16 private driveway and the private roadway referenced herein. The
17 subject road network extends, northerly, from the center of the
18 right of way of Route 6/State Route 0006, through lands herein
19 conveyed, to the southerly boundary (RE: South 27 degrees 18
20 minutes 14 seconds West 170.00 feet) of the premises herein
21 described. This road network shall be used for the purpose of
22 ingress, egress and regress for pedestrian and vehicular travel.
23 EXCEPTING AND RESERVING, thereout and therefrom, a certain
24 parcel, containing 2.97 acres of land, which the Commonwealth of
25 Pennsylvania, acting by and through David L. Jannetta, Secretary
26 of the Department of General Services, an administrative
27 department of the Commonwealth of Pennsylvania, with the
28 approval of the Governor of the Commonwealth of Pennsylvania, by
29 indenture, dated March 8, 1991 and recorded in Wayne County
30 Record Book Volume 0562 at Page 0183, granted and conveyed to
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1 Adams CATV, Inc. ALSO, RESERVING, unto the said Adams CATV,
2 Inc., its successors and assigns, a certain 33 foot right of way
3 running from State Route 0006 to the westerly side line of the
4 aforesaid 2.97 acre parcel (see Wayne County Map Book Volume 74
5 at page 09).
6 TRACT TWO (Consisting of two parcels)
7 ALL those two certain tracts or parcels of land in the
8 Township of Canaan, in the County of Wayne and State of
9 Pennsylvania, bounded and described as follows to wit:
10 THE FIRST PARCEL THEREOF, BEGINNING at a point in the line
11 between lands now or formerly of George L. Morss and the estate
12 of Noah Rogers deceased, sixty five (65) rods from the south
13 corner of said Morss land on said tract, and about six (6) rods
14 north easterly from the abandoned Gravity Railroad line of the
15 Delaware and Hudson Company; thence south forty six and two
16 thirds degrees sixty five (65) rods to a stone post in the south
17 westerly line of a tract of land in the warrantee name of Henry
18 Ellis; thence along the south westerly original line of said
19 tract, north forty three and one third degrees west two hundred
20 ten (210) rods to a corner; thence north forty six and two
21 thirds degrees east ten (10) rods to a corner; and thence by a
22 straight line two hundred seventeen and one tenths (217.1) rods
23 to the place of beginning. Containing forty nine and two tenths
24 (49.2) acres be the same more or less.
25 THE SECOND PARCEL THEREOF, BEGINNING at a post and stones
26 corner in the line of land in the Warrantee name of Henry Ellis,
27 being the northerly corner of land conveyed by the President,
28 Managers and company of the Delaware and Hudson Canal Company to
29 Francis Wolcott, and known by the name of the Tymons and McLane
30 Lot; thence by land of said Wolcott north sixty four and three
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1 fourths degrees west fifty two and seven tenths (52.7) rods to a
2 post and stone corner; thence north seventy eight and three
3 fourths degrees west twenty five and one fourths (25-1/4) rods
4 to a post and stones corner; thence north eleven and one fourth
5 degrees east twenty seven (27) rods to a post and stones corner;
6 thence north forty six and one fourth degrees east eleven and
7 one fourths (11 1/4) rods to a line of land in the warrantee
8 name of Henry Ellis; and thence by said line south forty three
9 and three fourths degrees east eighty five and four tenths
10 (85.4) rods to the place of beginning. Containing eight (8)
11 acres and sixty nine (69) perches be the same more or less.
12 BEING the same two tracts of land conveyed to the Hudson Coal
13 Company by the Delaware and Hudson Company by deed dated
14 September 28, 1908, and recorded in the office for the recording
15 of deeds in and for Wayne County, in Deed Book No. ninety nine
16 (99) at Page one hundred and fifteen (115), and being the
17 twelfth and thirteenth parcels therein described as by reference
18 thereto will more fully appear.
19 BEING the same parcels, respectively, of the same premises,
20 which The Hudson Coal Company, by indenture, dated June 8, 1912,
21 and recorded in Wayne County Deed Book Volume 105 at Page 455,
22 remised, released and quit-claimed to The Commonwealth of
23 Pennsylvania, GRANTOR herein.
24 TRACT THREE (Consisting of two parcels)
25 ALL those certain tracts or parcels of land bounded and
26 described as follows to wit:
27 THE FIRST PARCEL THEREOF, situate in the Township of Canaan,
28 County of Wayne and State of Pennsylvania and being part of a
29 tract of land in the warrantee name of Henry Ellis, said part of
30 said tract being bounded and described as follows to wit:
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1 BEGINNING at a stones post, the westerly corner of a tract of
2 land conveyed to the party of the first part and hereto by Lucy
3 Rogers by deed dated March 31, 1857, and hereinafter recited;
4 thence by lands of the Hudson Coal Company north forty seven
5 degrees east sixty five (65) rods to a corner; thence by land
6 heretofore conveyed by the party of the first part hereto to the
7 party of the second part hereto by deed dated February 19, 1907,
8 in a southeasterly direction eight hundred twenty (820) feet or
9 thereabouts to a point distant one hundred (100) feet north
10 easterly at right angles from the center of the main line of the
11 Honesdale Division Railroad of the Delaware and Hudson Company
12 thence in a south westerly direction by a line parallel with and
13 distant one hundred (100) feet north westerly at right angles
14 from the center line of said main line, fourteen hundred and
15 sixty five (1465) feet or thereabouts to a point in the south
16 westerly line of said Henry Ellis warrantee tract, and thence
17 along the same north forty four degrees west forty eight (48)
18 feet or thereabout to the place of Beginning. Containing five
19 and sixteenths (5.16) acres be the same more or less. Being part
20 of the same land conveyed to the President, Managers, and
21 Company of the Delaware and Hudson Canal Company by Lucy Rogers
22 and others, by deed dated March 31, 1857, and recorded in the
23 office for the recording of deeds, etc. in and for Wayne County,
24 in Deed Book twenty five (25) page fifty two (52) as by
25 reference thereto will more fully appear.
26 THE SECOND PARCEL THEREOF, situate partly in the Township of
27 Canaan, County of Wayne and State of Pennsylvania, and partly in
28 the Township of Carbondale, County of Lackawanna and State of
29 Pennsylvania, and being part of a tract of land in the warrantee
30 name of Solomon Ellis said part of said tract being bounded and
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1 described as follows to wit: BEGINNING at a stones post in the
2 northeasterly line of said warrantee tract at the westerly
3 corner of a tract of land conveyed by Owen McLane et al to the
4 President, Managers, and Company of the Delaware and Hudson
5 Canal Company by deed dated October 21, 1857; thence by the
6 aforesaid tract south forty four and one half degrees one
7 hundred and twelve and nine tenths (112.9) rods to a stone post;
8 thence south forty six degrees west seventy three and two tenths
9 (73.2) rods to a stone post; thence north forty four and one
10 half degrees west one hundred and twelve and three tenths
11 (112.3) rods to a stones corner in the north westerly line of
12 said Solomon Ellis tract; thence along the same north forty five
13 and one half degrees east seventy-three and two tenths (73.2)
14 rods to the place of Beginning, and containing fifty (50) acres
15 of land be the same more or less. Being the same parcel of land
16 reputed to have been sold by contract by Joseph R. Priestly,
17 Attorney for the heirs of William Russell, deceased, dated
18 February 8, 1843 to Patrick Colleton and by agreement dated
19 February 11, 1854 sold by contract by Patrick Colleton to the
20 Delaware and Hudson Canal Company, and which tract of land has
21 been in the undisputed possession of the said Delaware and
22 Hudson Canal Company since the date of the aforesaid contract of
23 February 11, 1854.
24 TOGETHER WITH all the right, title and privilege to erect and
25 maintain a reservoir on all that certain tract of land situate
26 in the Township of Canaan, County of Wayne and State of
27 Pennsylvania, bounded and described as follows: Beginning at a
28 post and stones corner being the northerly corner of a tract of
29 land in the warrantee name of Solomon Ellis; thence by lands of
30 the Hudson Coal Company south forty four and one half degrees
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1 east one hundred thirteen and one half (113 1/2) rods to a
2 corner of land now or late of the estate of Isaac Plant; thence
3 by lands of said estate south forty six degrees west seventy and
4 nine tenths (70.9) rods to a corner of land known as the
5 Colleton lot being the easterly corner of the parcel of land
6 last above described; thence by said Colleton lot north forty
7 four and one half degrees west one hundred and twelve and nine
8 tenths (112.9) rods to the northwesterly line of a tract of land
9 in the warrantee name of Solomon Ellis and thence by said line
10 north forty five and one half degrees east seventy and eight
11 tenths (70.8) rods to the place of Beginning. Comprising what is
12 known as the Tymons and McLane lot, and containing fifty (50)
13 acres and thirty two (32) perches be the same more or less.
14 TOGETHER WITH the right to maintain said reservoir upon said
15 lot to any height it may desire and to overflow said lots or any
16 part thereof without any restriction and to draw take and use
17 the water from said reservoir at its discretion and for this
18 purpose to form, construct, enlarge, repair, rebuild, maintain,
19 and use at its discretion all and singular such devices,
20 fixtures, appliances, and appendages for taking and using said
21 water, as it, its agents or engineers may at any time deem
22 expedient, and also the unrestricted right to raise the dam
23 across the outlet of said reservoir to any height it may desire
24 and for this purpose to take and use all and singular such
25 materials from said described lot as it, its agents or engineers
26 may deem needful or convenient, and also the right as aforesaid
27 for all purposes connected with the use and enlargement of said
28 dam the unrestricted right of ingress and egress to upon and
29 from the said lots for itself and its employees with teams and
30 implements of labor. Being all the rights reserved by the
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1 President, Managers, and Company of the Delaware and Hudson
2 Canal Company in its deed of June 29, 1869, to Frances Wolcott
3 and recorded in the office for the recording of deeds in and for
4 Wayne County in Deed Book No. thirty eight (38) page four
5 hundred and eight seven (487) as by reference thereto will more
6 fully appear.
7 BEING the same parcels, respectively, of the same premises,
8 which The Delaware and Hudson Company (Formerly the President,
9 Managers, and Company of The Delaware and Hudson Canal Company),
10 by indenture, dated May 27, 1912 and recorded in Wayne County,
11 Deed Book Volume 105 at Page 457, remised, released and quit-
12 claimed to the Commonwealth of Pennsylvania, GRANTOR herein.
13 EXCEPTING AND RESERVING from and out of the above described
14 parcels of land so much thereof as is used or occupied by public
15 highways.
16 TRACT FOUR (Consisting of two parcels)
17 ALL those certain pieces, parcels or tracts of land lying,
18 situate and being in the Township of Canaan, County of Wayne and
19 Commonwealth of Pennsylvania, bounded and described as follows,
20 to wit:
21 THE FIRST PARCEL THEREOF, BEGINNING at a corner on the
22 northerly margin of the main public highway leading from
23 Honesdale to Carbondale in the division line between lands
24 formerly of George G. Gill and lands of Ray W. Hull, said corner
25 being the northeasterly corner of the said Gill lands; thence
26 north eleven degrees west twelve hundred seventy and five tenths
27 feet to a stake corner in line of the said Gill lands; thence
28 north eighty degrees east ten hundred six and five tenths feet
29 along said Gill lands and lands of B.F. Long to a concrete post
30 corner; thence north thirty degrees east seven hundred and fifty
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1 nine feet to a concrete post corner; thence south twenty three
2 degrees and thirty minutes east nineteen hundred and thirty one
3 feet to a corner in a stone wall; thence south two degrees east
4 by lands of B.F. Long and the Waymart Water Company one hundred
5 and sixty four feet to a post and stones corner in line of lands
6 of Eliza R. Shaffer; thence south eighty degrees and thirty
7 minutes west along said Shaffer lands five hundred and seventy
8 two feet to a post corner; thence north eighteen degrees and
9 thirty minutes west five hundred and fourteen feet to a post
10 corner; thence south seventy nine degrees west three hundred and
11 six feet to a post corner; thence south nineteen degrees and
12 fifteen minutes east two hundred and eighty feet to a post
13 corner; thence south eighty two degrees east one hundred and
14 forty seven feet to a post corner; thence south nineteen degrees
15 and fifteen minutes east one hundred and forty nine feet to a
16 corner; thence south forty four degrees east fifty one feet to a
17 maple tree for a corner in line of lands of Eva M. Palmer;
18 thence south eighty two degrees and thirty minutes west along
19 said Palmer lands one hundred and thirty nine feet to a corner;
20 thence south no degrees and forty five minutes west one hundred
21 and fourteen feet to a corner in line of lands of Harold A.
22 Reed; thence north eighty seven degrees and thirty minutes west
23 two hundred and ten feet to a corner; thence south one degree
24 east two hundred and eight feet to the northerly margin of the
25 said main public highway between Honesdale and Carbondale;
26 thence along the said public highway in a general westerly
27 direction ten hundred and fifty feet to the place of Beginning.
28 Containing approximately sixty acres of land. Being a part of
29 the same land which Joseph Fellows conveyed to John Shaffer by
30 deed dated September 23, 1828 and recorded in Wayne County Deed
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1 Book No. 11, page 151, etc. And which Alexander McMillan etal.,
2 by assignment dated February 26, 1876, conveyed to John Shaffer,
3 Jr. as recorded in Deed Book No. 48, page 143, etc. And being a
4 part of the same land that Mary Clark, Amy Shaffer and Carrie E.
5 Betz, sole heirs of John Shaffer, conveyed to Ray W. Hull by
6 deed dated January 21, 1903, and recorded in Deed Book No. 90,
7 page 423, etc. And being a part of the same land that Ray W.
8 Hull, by his last will and testament dated April 1, 1916, and
9 recorded in the Register's Office of Wayne County willed and
10 bequeathed to Bertha E. Hull. And being the same land which
11 Bertha E. Hull by her deed dated October 18, 1921, and recorded
12 in Wayne County in Deed Book No. 117, page 152, granted and
13 conveyed to William M. Lynch.
14 THE SECOND PARCEL THEREOF, being all that other certain lot
15 or parcel of land situate in the said Township of Canaan, County
16 of Wayne, and State of Pennsylvania.
17 BEGINNING at a corner on the northerly margin of the said
18 main public highway leading from Honesdale to Carbondale; said
19 corner being the southeasterly corner of lands formerly of
20 George G. Gill, and being in the division line between said
21 Gill's lands and lands formerly of Ray W. Hull; thence north
22 eleven degrees west twelve hundred seventy and five tenths feet
23 to a post corner; thence north eighty degrees east three hundred
24 thirteen and five tenths feet to an iron pin for a corner in
25 line of lands of B.F. Long, formerly the Patterson Estate;
26 thence along lands of said Long north forty four degrees and
27 thirty minutes west nine hundred and ninety feet to an iron pin
28 for a corner in line of lands of the R. Manville Estate; thence
29 south forty five degrees and thirty minutes west along said
30 Manville lands nine hundred and ninety feet to a concrete post
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1 for a corner in line of lands of the Commonwealth of
2 Pennsylvania; thence along said lands south nine degrees and
3 fifteen minutes east five hundred forty seven and eight tenths
4 feet to a corner in line of lands now or formerly of H.D.
5 Burleigh; thence along said Burleigh lands south twenty eight
6 degrees and thirty minutes east five hundred eighty two and
7 seventy five one hundredths feet to a corner in line of lands of
8 Frank P. Woodward; thence along said Woodward's line north sixty
9 one degrees and thirty minutes east one hundred and thirty two
10 feet to a corner; thence still along Woodward's lands south
11 twenty eight degrees and thirty minutes east three hundred and
12 thirty feet to a corner in the northerly margin of the said main
13 public highway between Honesdale and Carbondale, and thence
14 along said public highway the following courses and distances
15 namely: North sixty one degrees and thirty minutes east, one
16 hundred seventy eight and five tenths feet; north sixty seven
17 degrees east one hundred ninety eight feet and south eighty
18 degrees east two hundred ninety seven feet to the place of
19 Beginning. Containing about fifty acres of land, be the same
20 more or less.
21 THE TWO PARCELS OF LAND ABOVE described join each other along
22 the line north eleven degrees west twelve hundred seventy and
23 five tenths feet, and along the line north eighty degrees east
24 for a distance of three hundred thirteen and five tenths feet.
25 The second parcel of land being a part of the same parcel of
26 land which S.A. McMullen etux, by deed dated August 1, 1917. And
27 recorded in Wayne County in Deed Book No. 109, page 521, etc.,
28 granted and conveyed to George W. Gill; and which the said
29 George W. Gill, by his last will and testament dated November 1,
30 1918, and recorded in Wayne County in Will book No. 11, page
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1 242, devised to his wife Nettie K. Gill; and a part of the same
2 land which the said Nettie K. Gill, widow, by her deed dated
3 September 14, 1921, and recorded in Wayne County in Deed Book
4 No. 116, page 534, granted and conveyed to the said William M.
5 Lynch.
6 BEING the same parcels, respectively, of the same premises,
7 which William M. Lynch and Jessie A. Lynch, his wife, by deed,
8 dated May 29, 1925 and recorded in Wayne County Deed Book Volume
9 124 at Page 216, granted and conveyed to The Commonwealth of
10 Pennsylvania, Grantor herein.
11 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
12 successors and assigns, all lands of Tract Four, which are
13 located southerly of the center of the right of way of ROUTE
14 6/STATE ROUTE 0006.
15 TRACT FIVE (Consisting of two parcels)
16 ALL that certain piece, parcel or tract of land lying,
17 situate and being in the Township of Canaan, County of Wayne and
18 Commonwealth of Pennsylvania, bounded and described as follows,
19 to wit:
20 THE FIRST PARCEL THEREOF, being a said narrow strip of land
21 BEGINNING at the division line between lands conveyed to The
22 Delaware and Hudson Railroad Corporation, and/or predecessor by
23 Charles H. Ball, by deed dated May 3, 1900, and recorded in
24 Wayne County Deed Book No. 86, page 411, and lands conveyed by
25 Charles M. Betz, by deed dated September 26, 1899, and recorded
26 in Wayne County Deed Book No. 85, page 416; thence continuing in
27 a general westerly direction, including a parcel of land of the
28 average minimum width of two hundred (200) feet, a distance of
29 approximately four thousand five hundred twelve (4,512) feet,
30 measured along the center line of the right of way of said
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1 railroad to a point in the line between the Henry Ellis and
2 Solomon Ellis warrants, and marked by a cut stone corner at the
3 line intersection of the warrant lines of the Henry Ellis and
4 Solomon Ellis warrants.
5 BEING a portion of the land conveyed to The Delaware and
6 Hudson Railroad Corporation, and/or its predecessors, by deed
7 from Charles M. Betz, Guardian, by deed dated September 26,
8 1899, and recorded in Wayne County Deed Book No. 85, page 416.
9 AND BEING the "fifty-six" parcel in the aforesaid deed from
10 The Delaware and Hudson Railroad Corporation to Rice Coal
11 Company and also being a portion of the lands as conveyed by
12 Lucy Rogers by deed dated March 31, 1857, and recorded in Wayne
13 County Deed Book No. 25, page 52, and a portion of the land
14 conveyed by Mary E. Rogers by deed dated April 7, 1859, and
15 recorded in Wayne County Deed Book No. 26, page 374, this
16 portion being parcel "fifty-seventh" in the aforesaid deed from
17 The Delaware and Hudson Railroad Corporation to Rice Coal
18 Company. Also being a portion of the land conveyed to The
19 Delaware and Hudson Railroad Corporation and/or its predecessors
20 by deed of Gilbert M. Lee, etux, dated July 7, 1837 and recorded
21 in Wayne County Deed Book No. 10 Page 216, and is the "fifty-
22 eight" parcel in the aforesaid deed to Rice Coal Company, and
23 also the property conveyed to The Delaware and Hudson Railroad
24 Corporation, and/or its predecessors by deed of George H.
25 Foster, etux, dated December 11, 1899, and recorded in Wayne
26 County Deed Book No. 86, page 22. Being the "fifty-ninth" parcel
27 in the deed from The Delaware and Hudson Railroad Corporation to
28 Rice Coal Company.
29 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
30 successors and assigns, all lands of Tract Five, which are
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1 located southerly of the center of the right of way of ROUTE
2 6/STATE ROUTE 0006.
3 THE SECOND PARCEL THEREOF, being all that certain piece,
4 parcel or tract of land lying, situate and being in the Township
5 of Canaan, County of Wayne and Commonwealth of Pennsylvania,
6 bounded and described as follows, to wit:
7 A STRIP OF LAND approximately one hundred (100) feet in
8 width, being the former right of way, and approximately twelve
9 hundred eight (1,208) feet in length, measured along the center
10 line of the right of way of said railroad, being bounded on the
11 east by lands heretofore conveyed to The Delaware and Hudson
12 Railroad Corporation and/or its predecessors, by George O'Leary
13 etux., by deed dated February 15, 1900, and recorded in Wayne
14 County Deed Book No. 86, page 118, with said property of George
15 O'Leary has subsequently been conveyed to Rice Coal Company in
16 the aforesaid deed, and is designated as parcel "sixty-first"
17 therein, which said strip of land is bounded on the west by
18 lands heretofore conveyed to The Delaware and Hudson Railroad
19 Corporation, and or its predecessors in title by L.H. Alden
20 etux., by deed dated May 25, 1869, and recorded in Wayne County
21 Deed Book No.36, page 324, which said Alden property is now
22 owned by Rice Coal Company and was conveyed to it as parcel
23 "sixty-third" in the aforesaid deed from The Delaware and Hudson
24 Railroad Corporation to Rice Coal Company.
25 BEING part of the same premises, which Rice Coal Company, a
26 Pennsylvania corporation, by indenture, dated July 7, 1942 and
27 recorded in Wayne County Deed Book Volume 150 at Page 516,
28 granted and released to the Commonwealth of Pennsylvania,
29 Grantor herein.
30 TRACT SIX (Consisting of four parcels)
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1 ALL those four pieces, parcels, tracts, or lots of land
2 situated in the Township of Canaan, in the County of Wayne and
3 Townships of Fell and Carbondale, in the County of Lackawanna
4 and Commonwealth of Pennsylvania, bounded and described as
5 follows, to
6 wit:
7 THE FIRST PARCEL THEREOF consisting of land partly in Canaan
8 Township, Wayne County, partly in Fell Township and partly in
9 Carbondale Township, Lackawanna County described as follows:
10 BEGINNING at a point in the southeasterly side of the Milford
11 and Owego Turnpike (now abandoned) which lies in the line which
12 divides the warrant line between Samuel Ellis and Solomon Ellis;
13 thence by land surveyed to Solomon Ellis north 50 degrees 18
14 minutes east 201.3 feet to a cut stone monument in said warrant
15 line which marks the southwesterly corner of the Tymons and
16 McLean lot; thence along said warrant line which forms the
17 northwesterly boundary of said Tymons and McLean lot north 50
18 degrees 18 minutes east 1187.5 feet to a cut stone monument
19 which lies in the southwesterly boundary line of the Henry Ellis
20 warrant; thence along said southwesterly boundary line of said
21 Henry Ellis warrant, north 38 degrees 45 minutes west 991.1 feet
22 to a cut stone monument in said Henry Ellis boundary line;
23 thence still along said boundary line north 38 degrees 57
24 minutes west 434.3 feet to a cut stone monument in said line;
25 thence still along said Henry Ellis warrant line north 38
26 degrees 41 minutes west 1129.6 feet to a stake and stones
27 corner; thence south 86 degrees 50 minutes west 24.6 feet to a
28 corner marked by a cut stone monument in the easterly line of
29 the G.L. Morss Estate; thence along the easterly line of said
30 G.L. Morss Estate south 6 degrees 7 minutes west 2443.2 feet
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1 along an old stone wall to a corner in a stone wall on the
2 northerly side of the aforementioned Milford and Owego Turnpike;
3 thence along the northerly side of said Turnpike south 61
4 degrees 13 minutes east 400 feet to a point which marks the
5 northwesterly corner of the second parcel which will hereafter
6 appear in this Deed; thence along the northerly side of the
7 second parcel and along the southerly side of said Turnpike
8 south 61 degrees 13 minutes east 532 feet to the place of
9 Beginning; containing 65.9 acres of land, be the same more or
10 less.
11 THE SECOND PARCEL THEROF consisting of land partly in Canaan
12 Township, Wayne County and partly in Carbondale Township,
13 Lackawanna County, described as follows: BEGINNING on the
14 southerly side of the old Milford and Owego Turnpike in the
15 division line between the Samuel Ellis warrant and the Solomon
16 Ellis Warrant, which point is also in the westerly line of the
17 "Colloton Lot"; thence along the westerly line of said Solomon
18 Ellis warrant and along a stone wall built thereon south 50
19 degrees 38 minutes west 315 feet to a point; south 52 degrees 12
20 minutes west 337 feet to a point, and south 53 degrees 0 minutes
21 west 348 feet to a built up stones corner at the southwesterly
22 corner of the "Colloton Lot"; thence still along the westerly
23 line of said Solomon Ellis warrant south 50 degrees 13 minutes
24 west 1640 feet to an established stones corner; thence north 38
25 degrees 42 minutes west 495 feet to an established stones
26 corner; thence along an old wire fence and an old stone wall
27 north 50 degrees 57 minutes east 2,436 feet to a point in the
28 southerly side of the aforementioned Milford and Owega Turnpike;
29 thence along the southerly side of said Turnpike south 61
30 degrees 13 minutes east 532 feet to the place of Beginning.
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1 Containing 29.82 acres of land, be the same more or less.
2 THE THIRD PARCEL THEREOF consisting of land in the Township
3 of Canaan, and County of Wayne, Pennsylvania, described as
4 follows: BEGINNING at a point at the easterly edge of a
5 conglomerate table rock quarry said point being situated on a
6 course of south 38 degrees 42 minutes east 468 feet from the
7 southwesterly corner of the "Colloton Lot" thence along the
8 southerly side of said "Colloton Lot" south 38 degrees 42
9 minutes east 647.5 feet to the northerly right of way line of
10 the old Delaware and Hudson Company's Light Tract; thence along
11 the northerly right of way line of said tract south 28 degrees
12 53 minutes west 491 feet to a concrete right of way monument of
13 said Railroad; thence south 59 degrees 12 minutes east 7.4 feet
14 to a concrete monument which is situated 33 feet distant
15 northwesterly from the center line of said Railroad Tracks
16 (abandoned); thence along said right of way parallel with and
17 situated 33 feet distant northwesterly from said center line of
18 track the following courses and distances south 30 degrees 15
19 minutes west 201.9 feet to a point, south 43 degrees 19 minutes
20 west 102.3 feet to a point, and south 52 degrees 29 minutes west
21 148.2 feet to a point in the division line between Wayne and
22 Lackawanna Counties; thence along the Wayne-Lackawanna County
23 line north 5 degrees 53 minutes east 1279.8 feet to the place of
24 Beginning. Containing 7.5 acres of land be the same more or
25 less.
26 EXCEPTING AND RESERVING therefrom a parcel of land n/l owned
27 by the Rice Coal Company described as follows:
28 BEGINNING at a point in the northerly right of way line of
29 The Delaware and Hudson Company's Light Track situated distant
30 northwesterly 33 feet from the center line of said Railroad
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1 Track (now abandoned); thence south 30 degrees 15 minutes west
2 201.9 feet to a point south 43 degrees 19 minutes west 102.3
3 feet to a point and south 52 degrees 29 minutes west 148.2 feet
4 to a point situated in the division line between Wayne and
5 Lackawanna County; thence along the Wayne-Lackawanna County line
6 north 5 degrees 53 minutes east 105.8 feet to a point which is
7 situated distant 40 feet at right angles from the center line of
8 the old Standard Gauge Steam Railroad; thence along the
9 northerly right of way line of said Steam Railroad being distant
10 40 feet Northerly and parallel therewith the following courses
11 and distance, north 65 degrees 56 minutes east 68.9 feet; north
12 54 degrees 50 minutes east 109.6 feet; north 45 degrees 28
13 minutes east 96.1 feet and north 32 degrees 50 minutes east 93
14 feet to a concrete monument situated about 40 feet from the
15 center line of the aforementioned Railroad; thence south 59
16 degrees 12 minutes east 7.4 feet to the place of Beginning.
17 Containing 0.34 acres of land be the same more or less.
18 THE FOURTH PARCEL THEREOF consisting of land in the Township
19 of Canaan, and County of Wayne, Pennsylvania, described as
20 follows: BEGINNING at a cut stone corner in the southwesterly
21 boundary line of the Henry Ellis warrant, said corner is also
22 situated at a point where the Samuel Ellis warrant and Solomon
23 Ellis warrant lines intersects that of the Henry Ellis warrant;
24 thence along the Henry Ellis warrant line south 38 degrees 42
25 minutes east 1883.2 feet to a well established old stones corner
26 being the northwesterly corner of the Isaac Plant Lot and now
27 owned by The Delaware and Hudson Canal Company; thence along
28 said Isaac Plant Lot and along an old stone wall south 51
29 degrees 27 minutes west 1169.3 feet to a cut stone corner
30 marking the northeasterly corner of the "Colloton Lot"; thence
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1 along the northeasterly line of said "Colloton Lot" thence along
2 the northeasterly line of said "Colloton Lot" and crossing the
3 southerly portion of No.7, Pond north 39 degrees 17 minutes west
4 1860.2 feet to a cut stone monument in the warrant line between
5 Samuel Ellis warrant and Solomon Ellis warrant; thence along
6 said warrant line north 50 degrees 18 minutes east 1187.5 feet
7 to the place of Beginning. Containing 50.63 acres of land, be
8 the same more or less.
9 BEING the same parcels, respectively, of the same premises,
10 which William Francis Wolcott and Bessie C. Wolcott, his wife,
11 and Ira B. Rutherford and Gertrude H. Rutherford, his wife, by
12 indenture, dated October 10, 1951 and recorded in Wayne County
13 Deed Book Volume 179 at Page 499, granted and released to the
14 Commonwealth of Pennsylvania, Grantor herein.
15 (c) Water utility easement.--The water utility easement to
16 be conveyed pursuant to this section consists of approximately 3
17 acres of land described according to a metes and bounds
18 centerline description prepared by Alfred K. Bucconear,
19 Registered Professional Land Surveyor, and more particularly
20 described as follows:
21 A center line commencing at the WATERLINE @ C/L, said point
22 being the POINT OF BEGINNING; thence N 67 degrees 58 minutes 44
23 seconds W, a distance of 304.82 feet; thence N 68 degrees 32
24 minutes 54 seconds W, a distance of 162.62 feet; thence N 69
25 degrees 06 minutes 29 seconds W, a distance of 250.30 feet;
26 thence N 67 degrees 54 minutes 37 seconds W, a distance of
27 137.65 feet; thence N 69 degrees 04 minutes 08 seconds W, a
28 distance of 128.40 feet; thence N 67 degrees 52 minutes 59
29 seconds W, a distance of 144.65 feet; thence N 68 degrees 41
30 minutes 17 seconds W, a distance of 464.81 feet; thence N 64
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1 degrees 30 minutes 34 seconds W, a distance of 47.02 feet;
2 thence N 51 degrees 36 minutes 45 seconds W, a distance of 29.09
3 feet; thence N 31 degrees 12 minutes 58 seconds W, a distance of
4 25.90 feet; thence N 21 degrees 27 minutes 04 seconds W, a
5 distance of 86.46 feet; thence N 20 degrees 37 minutes 09
6 seconds W, a distance of 134.01 feet; thence N 19 degrees 36
7 minutes 44 seconds W, a distance of 96.82 feet; thence N 16
8 degrees 55 minutes 13 seconds W, a distance of 62.30 feet;
9 thence N 12 degrees 31 minutes 15 seconds W, a distance of 41.75
10 feet; thence N 06 degrees 00 minutes 09 seconds W, a distance of
11 49.29 feet; thence N 02 degrees 57 minutes 11 seconds E, a
12 distance of 41.92 feet; thence N 09 degrees 17 minutes 39
13 seconds E, a distance of 38.51 feet; thence N 10 degrees 04
14 minutes 02 seconds E, a distance of 56.80 feet; thence N 11
15 degrees 22 minutes 59 seconds E, a distance of 115.75 feet;
16 thence N 00 degrees 47 minutes 04 seconds E, a distance of 69.47
17 feet; thence N 08 degrees 59 minutes 25 seconds W, a distance of
18 64.41 feet; thence N 53 degrees 53 minutes 45 seconds W, a
19 distance of 55.63 feet; thence N 57 degrees 54 minutes 19
20 seconds W, a distance of 35.41 feet; thence N 61 degrees 25
21 minutes 32 seconds W, a distance of 34.61 feet; thence N 63
22 degrees 08 minutes 43 seconds W, a distance of 45.47 feet;
23 thence N 73 degrees 58 minutes 07 seconds W, a distance of 53.96
24 feet; thence N 84 degrees 19 minutes 04 seconds W, a distance of
25 67.71 feet; N 88 degrees 47 minutes 01 second W, a distance of
26 57.62 feet; thence N 89 degrees 45 minutes 20 seconds W, a
27 distance of 105.03 feet; thence 88 degrees 57 minutes 12 seconds
28 W, a distance of 147.71 feet; thence 89 degrees 44 minutes 42
29 seconds W, a distance of 42.69 feet; thence N 78 degrees 29
30 minutes 22 seconds W, a distance of 293.49 feet; thence S 89
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1 degrees 24 minutes 49 seconds W, a distance of 158.70 feet;
2 thence S 87 degrees 45 minutes 54 seconds W, a distance of
3 106.48 feet; thence N 89 degrees 24 minutes 25 seconds W, a
4 distance of 119.83 feet; thence N 81 degrees 23 minutes 05
5 seconds W, a distance of 66.08 feet; thence N 79 degrees 31
6 minutes 39 seconds W, a distance of 76.12 feet; thence N 72
7 degrees 18 minutes 15 seconds W, a distance of 73.70 feet;
8 thence N 71 degrees 05 minutes 29 seconds W, a distance of
9 251.05 feet; thence N 64 degrees 19 minutes 14 seconds W, a
10 distance of 131.97 feet; thence N 52 degrees 55 minutes 18
11 seconds W, a distance of 32.11 feet; thence N 49 degrees 47
12 minutes 22 seconds W, a distance of 37.45 feet; thence N 45
13 degrees 04 minutes 27 seconds W, a distance of 194.66 feet;
14 thence S 88 degrees 12 minutes 46 seconds W, a distance of
15 174.58 feet; thence N 65 degrees 26 minutes 45 seconds W, a
16 distance of 161.09 feet; thence N 66 degrees 34 minutes 46
17 seconds W, a distance of 259.68 feet; thence N 69 degrees 29
18 minutes 27 seconds W, a distance of 102.10 feet; thence N 67
19 degrees 50 minutes 25 seconds W, a distance of 81.83 feet;
20 thence N 62 degrees 58 minutes 23 seconds W, a distance of 61.90
21 feet; thence N 53 degrees 27 minutes 53 seconds W, a distance of
22 58.71 feet; thence N 39 degrees 55 minutes 19 seconds W, a
23 distance of 106.99 feet; thence N 37 degrees 18 minutes 39
24 seconds W, a distance of 186.81 feet; thence N 37 degrees 28
25 minutes 40 seconds W, a distance of 89.60 feet; thence N 16
26 degrees 14 minutes 14 seconds W, a distance of 12.53 feet;
27 thence N 28 degrees 40 minutes 54 seconds E, a distance of 19.17
28 feet to the POINT OF ENDING.
29 (d) Conditions.--The conveyance shall be made under and
30 subject to all lawful and enforceable easements, servitudes and
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1 rights of others, including but not confined to streets,
2 roadways and rights of any telephone, telegraph, water,
3 electric, gas or pipeline companies, as well as under and
4 subject to any lawful and enforceable estates or tenancies
5 vested in third persons appearing of record, for any portion of
6 the land or improvements erected thereon. THE DEED OF CONVEYANCE <--
7 SHALL CONTAIN THE FOLLOWING COVENANT "UNDER AND SUBJECT TO A
8 CONDITION THAT A PORTION OF THE LANDS HEREIN CONVEYED SHALL
9 CONTAIN A RESTRICTION STATING THAT ANY AREA WITHIN 500 FEET OF
10 THE SHORELINE OR THE NORMAL POOL ELEVATION OF CARBONDALE
11 RESERVOIR NO.4 (AS DEFINED BY THE CREST OF THE SPILLWAY
12 ELEVATION AT THE DATE OF CONVEYANCE) SHALL REMAIN OPEN AND THAT
13 NO DEVELOPMENT CAN OCCUR ON THAT PORTION OF THE PROPERTY."
14 (e) Deed.--The deed of conveyance shall be by Special
15 Warranty Deed and shall be executed by the Secretary of General
16 Services in the name of the Commonwealth of Pennsylvania.
17 (f) Costs and fees.--Costs and fees incidental to this
18 conveyance shall be borne by the Grantee.
19 (g) Alternative disposition.--In the event that this
20 conveyance is not executed in accordance with the Lease with <--
21 Option to Purchase Agreement dated March 12, 2002 BY JANUARY 1, <--
22 2007, the property may be disposed of in accordance with Article
23 2406-A of the Act of April 9, 1929 (P.L.177, No.175), known as
24 The Administrative Code of 1929.
25 Section 2. Effective date.
26 This act shall take effect immediately.
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