HOUSE AMENDED
PRIOR PRINTER'S NOS. 2022, 2150, 2167 PRINTER'S NO. 2423
No. 1448 Session of 2002
INTRODUCED BY LEMMOND AND MELLOW, MAY 28, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 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 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE <--
8 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF CORRECTIONS,
9 TO GRANT AND CONVEY A 50-YEAR EASEMENT OF CERTAIN LANDS
10 SITUATE IN CANAAN TOWNSHIP, WAYNE COUNTY, TO WAYMART WIND
11 FARM L.P; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
12 WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO
13 LEON DWINGA AND PATRICIA DWINGA, HIS WIFE, CERTAIN LAND
14 SITUATE IN THE TOWNSHIP OF COLLIER, ALLEGHENY COUNTY;
15 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
16 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF PUBLIC
17 WELFARE, TO GRANT AND CONVEY TO THE SOCIETY FOR THE
18 PREVENTION OF CRUELTY TO ANIMALS OF CHESTER COUNTY, INC.,
19 CERTAIN LAND SITUATE IN WEST BRADFORD TOWNSHIP, CHESTER
20 COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH
21 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
22 CONSERVATION AND NATURAL RESOURCES, TO GRANT AND CONVEY AN
23 ACCESS ROAD RIGHT-OF-WAY OVER CERTAIN STATE LAND TO SANFORD
24 J. AND DORIS M. HENRY, PAUL L. AND DEBORAH K. BAKER, MICHAEL
25 R. AND JEANNE M. HENRY, LYNN A. AND KIMBERLY R. HENRY, LELAND
26 W. HENRY, SR., AND LELAND W. HENRY, JR., ALL OF MIDDLECREEK
27 TOWNSHIP, SOMERSET COUNTY, PENNSYLVANIA, AND THEIR HEIRS AND
28 ASSIGNS; AUTHORIZING THE RELEASE OF PROJECT 500 RESTRICTIONS
29 IMPOSED ON CERTAIN LAND OWNED BY THE BOROUGH OF ROYALTON,
30 DAUPHIN COUNTY, AND IMPOSING PROJECT 500 RESTRICTIONS ON
31 OTHER LAND OWNED BY THE BOROUGH OF ROYALTON, DAUPHIN COUNTY;
1 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
2 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
3 MILITARY AND VETERANS AFFAIRS, TO GRANT AND CONVEY CERTAIN
4 LANDS SITUATE IN LATROBE BOROUGH, WESTMORELAND COUNTY, TO THE
5 BOROUGH OF LATROBE; AUTHORIZING AND DIRECTING THE DEPARTMENT
6 OF GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND
7 THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS, TO GRANT AND
8 CONVEY, AT A PRICE DETERMINED THROUGH COMPETITIVE BIDDING,
9 CERTAIN LANDS SITUATE IN SCOTTDALE BOROUGH, WESTMORELAND
10 COUNTY; AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
11 SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
12 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS, TO GRANT AND
13 CONVEY CERTAIN LANDS SITUATE IN BLAIRSVILLE BOROUGH, INDIANA
14 COUNTY, TO THE BOROUGH OF BLAIRSVILLE; AUTHORIZING AND
15 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
16 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
17 VETERANS AFFAIRS, TO GRANT AND CONVEY CERTAIN LANDS SITUATE
18 IN KUTZTOWN BOROUGH, BERKS COUNTY, TO THE BOROUGH OF
19 KUTZTOWN; AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
20 WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
21 MILITARY AND VETERANS AFFAIRS, TO GRANT AND CONVEY A CERTAIN
22 TRACT OF LAND SITUATE IN THE BOROUGH OF MEDIA, DELAWARE
23 COUNTY, TO THE BOROUGH OF MEDIA; AUTHORIZING THE RELEASE OF
24 PROJECT 70 RESTRICTIONS ON CERTAIN LAND OWNED BY THE
25 LEHIGHTON WATER AUTHORITY, TOWNSHIP OF PENN FOREST, CARBON
26 COUNTY, TO PROVIDE ACCESS RIGHT-OF-WAY TO JOHN A. WARGO, ET
27 AL. "APOLLO ASSOCIATES"; AND MAKING A REPEAL.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 Section 1. Wayne County and Lackawanna County Conveyance. <--
31 (a) Conveyance authorized.--The Department of General
32 Services, with the approval of the Governor, is hereby
33 authorized and directed on behalf of the Commonwealth of
34 Pennsylvania to grant and convey to Pennsylvania Suburban Water
35 Company (as successor to Philadelphia Suburban Water Company by
36 merger), certain lands and improvements thereon situate on the
37 grounds of the State Correctional Institution at Waymart, north
38 of State Route 0006 and described in subsection (b), along with
39 a water utility easement on the grounds of the State
40 Correctional Institution at Waymart as more fully described in
41 subsection (c), subject to such consideration and terms as are
42 provided in a Lease with Option to Purchase Agreement with the
43 Department of General Services, dated March 12, 2002.
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1 (b) Property description.--The property to be conveyed
2 pursuant to this section consists of approximately 390-acres of
3 land bounded and described according to a metes and bounds
4 description prepared by Alfred K. Bucconear, Registered
5 Professional Land Surveyor. These lands are comprised of six (6)
6 tracts, more particularly described as follows:
7 TRACT ONE
8 ALL that certain piece, parcel or tract of land lying,
9 situate and being in the Township of Canaan, County of Wayne and
10 Commonwealth of Pennsylvania, bounded and described as follows,
11 to wit:
12 BEGINNING at the southerly corner of a tract of land in the
13 warrantee name of James Chapman, being also a northerly corner
14 of a tract of land in the warrantee name of Benjamin Mason;
15 thence south nine and one quarter degrees east sixty nine and
16 nine tenths rods to a corner; thence by a parcel of land
17 containing one acre, heretofore conveyed by the President,
18 Managers and Company of the Delaware and Hudson Canal Company to
19 J. B. Fitzsimmons, north seventy six degrees west eight and
20 ninety five one hundredths rods, south nine and one quarter
21 degrees east twenty rods, south seventy six degrees east seven
22 and thirty five one hundredths rods to a corner on the northerly
23 side of the Honesdale and Clarksville Turnpike; thence south six
24 and one half degrees west sixteen and five tenths rods or
25 thereabouts to the center of the Old Gravity Plane No. 20,
26 thence up the center of said Old Gravity Plane No. 20 twenty
27 nine rods to the center of the highway crossing said plane;
28 thence south westerly along the center of the said highway two
29 hundred feet to a corner; thence north westerly parallel with
30 the center line of the Old Gravity Plane No. 20, four hundred
20020S1448B2423 - 3 -
1 and eighty feet or thereabouts to a point distant one hundred
2 feet, north easterly at right angles, from the center of the
3 main line on the Honesdale Division of the Delaware and Hudson
4 Company; thence in a north westerly direction by a line parallel
5 with and distant one hundred feet north easterly at right angles
6 from the center of said main line to the south easterly line of
7 a tract of land in the warrantee name of Henry Ellis; thence in
8 a north westerly direction eight hundred and twenty feet or
9 thereabouts to a stone post marking the north easterly corner of
10 a tract of land heretofore conveyed to the Delaware and Hudson
11 Canal Company, by Thomas Thomas, etal by deed dated December 1,
12 1857; thence north forty seven degrees east ninety eight rods to
13 a corner in the southwesterly line of said James Chapman tract;
14 and thence by the said line of said tract south forty four and
15 three quarters degrees east two hundred and thirteen (213) rods
16 to the place of Beginning. Being part of two tracts of land in
17 the warrantee names of Henry Ellis and Benjamin Mason; and
18 containing one hundred and sixty four (164) acres of land or
19 thereabouts; and being part of a larger tract of land conveyed
20 to the President, Managers and Company of the Delaware and
21 Hudson Canal Company by Lucy Rogers and others, by deed dated
22 March 31, 1857, and recorded in the office for the recording of
23 deeds & etc. in and for Wayne County, in Deed Book No. 25, Page
24 52, as by reference thereto will more fully appear.
25 BEING part of the same premises which The Delaware And Hudson
26 Company (Formerly The President, Managers, and Company of the
27 Delaware and Hudson Canal Company), by indenture, dated February
28 19, 1907, and recorded in Wayne County Deed Book Volume 97 at
29 Page 98, granted, conveyed, released and remised to The
30 Commonwealth of Pennsylvania, GRANTOR herein.
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1 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
2 successors and assigns, all lands of Tract One, which are
3 located southerly of the center of the right of way of ROUTE
4 6/STATE ROUTE 0006.
5 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
6 successors and assigns, a certain parcel of land, described as
7 follows, to wit:
8 BEGINNING at a point or corner, located in the center of the
9 right of way of Route 6/State Route 0006, at the intersection,
10 with a certain entrance/exit roadway, leading south, into and
11 through, lands of the Commonwealth of Pennsylvania (D.B. 97,
12 P.98 - The First (Parcel) Thereof:); thence, along the center of
13 the right of way of the aforesaid Route 6/State Route 0006, the
14 following two, curvilinear and/or chord, courses and distances:
15 Along the arc of a curve to the right, in a northwesterly
16 direction, having a central angle of 11 degrees 35 minutes 51
17 seconds, with a radius of 1432.69 feet, a distance or arc length
18 of 290.00 feet to a point or corner and North 61 degrees 29
19 minutes 09 seconds West 85.01 feet to a point or corner; thence,
20 departing from said public highway and through lands of the
21 Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First
22 (Parcel) Thereof:); the following four courses and distances:
23 North 27 degrees 36 minutes 54 seconds East 403.77 feet to an
24 iron pin corner set, located southwesterly of a certain private
25 roadway; thence, South 62 degrees 23 minutes 06 seconds East
26 100.00 feet to an iron pin corner set, located southwesterly of
27 the aforesaid private roadway; thence, South 24 degrees 43
28 minutes 05 seconds East 344.28 feet to an iron pin corner set,
29 located southwesterly of the aforesaid private roadway and;
30 thence, South 27 degrees 18 minutes 14 seconds West (Crossing a
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1 certain private driveway, at 40 feet (more or less), which
2 extends northwesterly from its intersection with the aforesaid
3 private roadway referenced herein) 170.00 feet to the place of
4 beginning. Containing, within bounds, 2.7580 Acres of land,
5 inclusive of that area occupied by public highway and utility
6 companies, easements and rights of way and supporting various
7 improvements located thereon.
8 ALSO, RESERVING, unto the GRANTOR and GRANTEE herein, their
9 respective heirs, successors and assigns, and others having
10 lawful claim, the common or joint right of use, along and over,
11 the travelway (Being 15 feet, more or less, in width) of the
12 private driveway and the private roadway referenced herein. The
13 subject road network extends, northerly, from the center of the
14 right of way of Route 6/State Route 0006, through lands herein
15 conveyed, to the southerly boundary (RE: South 27 degrees 18
16 minutes 14 seconds West 170.00 feet) of the premises herein
17 described. This road network shall be used for the purpose of
18 ingress, egress and regress for pedestrian and vehicular travel.
19 EXCEPTING AND RESERVING, thereout and therefrom, a certain
20 parcel, containing 2.97 acres of land, which the Commonwealth of
21 Pennsylvania, acting by and through David L. Jannetta, Secretary
22 of the Department of General Services, an administrative
23 department of the Commonwealth of Pennsylvania, with the
24 approval of the Governor of the Commonwealth of Pennsylvania, by
25 indenture, dated March 8, 1991 and recorded in Wayne County
26 Record Book Volume 0562 at Page 0183, granted and conveyed to
27 Adams CATV, Inc. ALSO, RESERVING, unto the said Adams CATV,
28 Inc., its successors and assigns, a certain 33 foot right of way
29 running from State Route 0006 to the westerly side line of the
30 aforesaid 2.97 acre parcel (see Wayne County Map Book Volume 74
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1 at page 09).
2 TRACT TWO (Consisting of two parcels)
3 ALL those two certain tracts or parcels of land in the
4 Township of Canaan, in the County of Wayne and State of
5 Pennsylvania, bounded and described as follows to wit:
6 THE FIRST PARCEL THEREOF, BEGINNING at a point in the line
7 between lands now or formerly of George L. Morss and the estate
8 of Noah Rogers deceased, sixty five (65) rods from the south
9 corner of said Morss land on said tract, and about six (6) rods
10 north easterly from the abandoned Gravity Railroad line of the
11 Delaware and Hudson Company; thence south forty six and two
12 thirds degrees sixty five (65) rods to a stone post in the south
13 westerly line of a tract of land in the warrantee name of Henry
14 Ellis; thence along the south westerly original line of said
15 tract, north forty three and one third degrees west two hundred
16 ten (210) rods to a corner; thence north forty six and two
17 thirds degrees east ten (10) rods to a corner; and thence by a
18 straight line two hundred seventeen and one tenths (217.1) rods
19 to the place of beginning. Containing forty nine and two tenths
20 (49.2) acres be the same more or less.
21 THE SECOND PARCEL THEREOF, BEGINNING at a post and stones
22 corner in the line of land in the Warrantee name of Henry Ellis,
23 being the northerly corner of land conveyed by the President,
24 Managers and company of the Delaware and Hudson Canal Company to
25 Francis Wolcott, and known by the name of the Tymons and McLane
26 Lot; thence by land of said Wolcott north sixty four and three
27 fourths degrees west fifty two and seven tenths (52.7) rods to a
28 post and stone corner; thence north seventy eight and three
29 fourths degrees west twenty five and one fourths (25-1/4) rods
30 to a post and stones corner; thence north eleven and one fourth
20020S1448B2423 - 7 -
1 degrees east twenty seven (27) rods to a post and stones corner;
2 thence north forty six and one fourth degrees east eleven and
3 one fourths (11 1/4) rods to a line of land in the warrantee
4 name of Henry Ellis; and thence by said line south forty three
5 and three fourths degrees east eighty five and four tenths
6 (85.4) rods to the place of beginning. Containing eight (8)
7 acres and sixty nine (69) perches be the same more or less.
8 BEING the same two tracts of land conveyed to the Hudson Coal
9 Company by the Delaware and Hudson Company by deed dated
10 September 28, 1908, and recorded in the office for the recording
11 of deeds in and for Wayne County, in Deed Book No. ninety nine
12 (99) at Page one hundred and fifteen (115), and being the
13 twelfth and thirteenth parcels therein described as by reference
14 thereto will more fully appear.
15 BEING the same parcels, respectively, of the same premises,
16 which The Hudson Coal Company, by indenture, dated June 8, 1912,
17 and recorded in Wayne County Deed Book Volume 105 at Page 455,
18 remised, released and quit-claimed to The Commonwealth of
19 Pennsylvania, GRANTOR herein.
20 TRACT THREE (Consisting of two parcels)
21 ALL those certain tracts or parcels of land bounded and
22 described as follows to wit:
23 THE FIRST PARCEL THEREOF, situate in the Township of Canaan,
24 County of Wayne and State of Pennsylvania and being part of a
25 tract of land in the warrantee name of Henry Ellis, said part of
26 said tract being bounded and described as follows to wit:
27 BEGINNING at a stones post, the westerly corner of a tract of
28 land conveyed to the party of the first part and hereto by Lucy
29 Rogers by deed dated March 31, 1857, and hereinafter recited;
30 thence by lands of the Hudson Coal Company north forty seven
20020S1448B2423 - 8 -
1 degrees east sixty five (65) rods to a corner; thence by land
2 heretofore conveyed by the party of the first part hereto to the
3 party of the second part hereto by deed dated February 19, 1907,
4 in a southeasterly direction eight hundred twenty (820) feet or
5 thereabouts to a point distant one hundred (100) feet north
6 easterly at right angles from the center of the main line of the
7 Honesdale Division Railroad of the Delaware and Hudson Company
8 thence in a south westerly direction by a line parallel with and
9 distant one hundred (100) feet north westerly at right angles
10 from the center line of said main line, fourteen hundred and
11 sixty five (1465) feet or thereabouts to a point in the south
12 westerly line of said Henry Ellis warrantee tract, and thence
13 along the same north forty four degrees west forty eight (48)
14 feet or thereabout to the place of Beginning. Containing five
15 and sixteenths (5.16) acres be the same more or less. Being part
16 of the same land conveyed to the President, Managers, and
17 Company of the Delaware and Hudson Canal Company by Lucy Rogers
18 and others, by deed dated March 31, 1857, and recorded in the
19 office for the recording of deeds, etc. in and for Wayne County,
20 in Deed Book twenty five (25) page fifty two (52) as by
21 reference thereto will more fully appear.
22 THE SECOND PARCEL THEREOF, situate partly in the Township of
23 Canaan, County of Wayne and State of Pennsylvania, and partly in
24 the Township of Carbondale, County of Lackawanna and State of
25 Pennsylvania, and being part of a tract of land in the warrantee
26 name of Solomon Ellis said part of said tract being bounded and
27 described as follows to wit: BEGINNING at a stones post in the
28 northeasterly line of said warrantee tract at the westerly
29 corner of a tract of land conveyed by Owen McLane et al to the
30 President, Managers, and Company of the Delaware and Hudson
20020S1448B2423 - 9 -
1 Canal Company by deed dated October 21, 1857; thence by the
2 aforesaid tract south forty four and one half degrees one
3 hundred and twelve and nine tenths (112.9) rods to a stone post;
4 thence south forty six degrees west seventy three and two tenths
5 (73.2) rods to a stone post; thence north forty four and one
6 half degrees west one hundred and twelve and three tenths
7 (112.3) rods to a stones corner in the north westerly line of
8 said Solomon Ellis tract; thence along the same north forty five
9 and one half degrees east seventy-three and two tenths (73.2)
10 rods to the place of Beginning, and containing fifty (50) acres
11 of land be the same more or less. Being the same parcel of land
12 reputed to have been sold by contract by Joseph R. Priestly,
13 Attorney for the heirs of William Russell, deceased, dated
14 February 8, 1843 to Patrick Colleton and by agreement dated
15 February 11, 1854 sold by contract by Patrick Colleton to the
16 Delaware and Hudson Canal Company, and which tract of land has
17 been in the undisputed possession of the said Delaware and
18 Hudson Canal Company since the date of the aforesaid contract of
19 February 11, 1854.
20 TOGETHER WITH all the right, title and privilege to erect and
21 maintain a reservoir on all that certain tract of land situate
22 in the Township of Canaan, County of Wayne and State of
23 Pennsylvania, bounded and described as follows: Beginning at a
24 post and stones corner being the northerly corner of a tract of
25 land in the warrantee name of Solomon Ellis; thence by lands of
26 the Hudson Coal Company south forty four and one half degrees
27 east one hundred thirteen and one half (113 1/2) rods to a
28 corner of land now or late of the estate of Isaac Plant; thence
29 by lands of said estate south forty six degrees west seventy and
30 nine tenths (70.9) rods to a corner of land known as the
20020S1448B2423 - 10 -
1 Colleton lot being the easterly corner of the parcel of land
2 last above described; thence by said Colleton lot north forty
3 four and one half degrees west one hundred and twelve and nine
4 tenths (112.9) rods to the northwesterly line of a tract of land
5 in the warrantee name of Solomon Ellis and thence by said line
6 north forty five and one half degrees east seventy and eight
7 tenths (70.8) rods to the place of Beginning. Comprising what is
8 known as the Tymons and McLane lot, and containing fifty (50)
9 acres and thirty two (32) perches be the same more or less.
10 TOGETHER WITH the right to maintain said reservoir upon said
11 lot to any height it may desire and to overflow said lots or any
12 part thereof without any restriction and to draw take and use
13 the water from said reservoir at its discretion and for this
14 purpose to form, construct, enlarge, repair, rebuild, maintain,
15 and use at its discretion all and singular such devices,
16 fixtures, appliances, and appendages for taking and using said
17 water, as it, its agents or engineers may at any time deem
18 expedient, and also the unrestricted right to raise the dam
19 across the outlet of said reservoir to any height it may desire
20 and for this purpose to take and use all and singular such
21 materials from said described lot as it, its agents or engineers
22 may deem needful or convenient, and also the right as aforesaid
23 for all purposes connected with the use and enlargement of said
24 dam the unrestricted right of ingress and egress to upon and
25 from the said lots for itself and its employees with teams and
26 implements of labor. Being all the rights reserved by the
27 President, Managers, and Company of the Delaware and Hudson
28 Canal Company in its deed of June 29, 1869, to Frances Wolcott
29 and recorded in the office for the recording of deeds in and for
30 Wayne County in Deed Book No. thirty eight (38) page four
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1 hundred and eight seven (487) as by reference thereto will more
2 fully appear.
3 BEING the same parcels, respectively, of the same premises,
4 which The Delaware and Hudson Company (Formerly the President,
5 Managers, and Company of The Delaware and Hudson Canal Company),
6 by indenture, dated May 27, 1912 and recorded in Wayne County,
7 Deed Book Volume 105 at Page 457, remised, released and quit-
8 claimed to the Commonwealth of Pennsylvania, GRANTOR herein.
9 EXCEPTING AND RESERVING from and out of the above described
10 parcels of land so much thereof as is used or occupied by public
11 highways.
12 TRACT FOUR (Consisting of two parcels)
13 ALL those certain pieces, parcels or tracts of land lying,
14 situate and being in the Township of Canaan, County of Wayne and
15 Commonwealth of Pennsylvania, bounded and described as follows,
16 to wit:
17 THE FIRST PARCEL THEREOF, BEGINNING at a corner on the
18 northerly margin of the main public highway leading from
19 Honesdale to Carbondale in the division line between lands
20 formerly of George G. Gill and lands of Ray W. Hull, said corner
21 being the northeasterly corner of the said Gill lands; thence
22 north eleven degrees west twelve hundred seventy and five tenths
23 feet to a stake corner in line of the said Gill lands; thence
24 north eighty degrees east ten hundred six and five tenths feet
25 along said Gill lands and lands of B.F. Long to a concrete post
26 corner; thence north thirty degrees east seven hundred and fifty
27 nine feet to a concrete post corner; thence south twenty three
28 degrees and thirty minutes east nineteen hundred and thirty one
29 feet to a corner in a stone wall; thence south two degrees east
30 by lands of B.F. Long and the Waymart Water Company one hundred
20020S1448B2423 - 12 -
1 and sixty four feet to a post and stones corner in line of lands
2 of Eliza R. Shaffer; thence south eighty degrees and thirty
3 minutes west along said Shaffer lands five hundred and seventy
4 two feet to a post corner; thence north eighteen degrees and
5 thirty minutes west five hundred and fourteen feet to a post
6 corner; thence south seventy nine degrees west three hundred and
7 six feet to a post corner; thence south nineteen degrees and
8 fifteen minutes east two hundred and eighty feet to a post
9 corner; thence south eighty two degrees east one hundred and
10 forty seven feet to a post corner; thence south nineteen degrees
11 and fifteen minutes east one hundred and forty nine feet to a
12 corner; thence south forty four degrees east fifty one feet to a
13 maple tree for a corner in line of lands of Eva M. Palmer;
14 thence south eighty two degrees and thirty minutes west along
15 said Palmer lands one hundred and thirty nine feet to a corner;
16 thence south no degrees and forty five minutes west one hundred
17 and fourteen feet to a corner in line of lands of Harold A.
18 Reed; thence north eighty seven degrees and thirty minutes west
19 two hundred and ten feet to a corner; thence south one degree
20 east two hundred and eight feet to the northerly margin of the
21 said main public highway between Honesdale and Carbondale;
22 thence along the said public highway in a general westerly
23 direction ten hundred and fifty feet to the place of Beginning.
24 Containing approximately sixty acres of land. Being a part of
25 the same land which Joseph Fellows conveyed to John Shaffer by
26 deed dated September 23, 1828 and recorded in Wayne County Deed
27 Book No. 11, page 151, etc. And which Alexander McMillan etal.,
28 by assignment dated February 26, 1876, conveyed to John Shaffer,
29 Jr. as recorded in Deed Book No. 48, page 143, etc. And being a
30 part of the same land that Mary Clark, Amy Shaffer and Carrie E.
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1 Betz, sole heirs of John Shaffer, conveyed to Ray W. Hull by
2 deed dated January 21, 1903, and recorded in Deed Book No. 90,
3 page 423, etc. And being a part of the same land that Ray W.
4 Hull, by his last will and testament dated April 1, 1916, and
5 recorded in the Register's Office of Wayne County willed and
6 bequeathed to Bertha E. Hull. And being the same land which
7 Bertha E. Hull by her deed dated October 18, 1921, and recorded
8 in Wayne County in Deed Book No. 117, page 152, granted and
9 conveyed to William M. Lynch.
10 THE SECOND PARCEL THEREOF, being all that other certain lot
11 or parcel of land situate in the said Township of Canaan, County
12 of Wayne, and State of Pennsylvania.
13 BEGINNING at a corner on the northerly margin of the said
14 main public highway leading from Honesdale to Carbondale; said
15 corner being the southeasterly corner of lands formerly of
16 George G. Gill, and being in the division line between said
17 Gill's lands and lands formerly of Ray W. Hull; thence north
18 eleven degrees west twelve hundred seventy and five tenths feet
19 to a post corner; thence north eighty degrees east three hundred
20 thirteen and five tenths feet to an iron pin for a corner in
21 line of lands of B.F. Long, formerly the Patterson Estate;
22 thence along lands of said Long north forty four degrees and
23 thirty minutes west nine hundred and ninety feet to an iron pin
24 for a corner in line of lands of the R. Manville Estate; thence
25 south forty five degrees and thirty minutes west along said
26 Manville lands nine hundred and ninety feet to a concrete post
27 for a corner in line of lands of the Commonwealth of
28 Pennsylvania; thence along said lands south nine degrees and
29 fifteen minutes east five hundred forty seven and eight tenths
30 feet to a corner in line of lands now or formerly of H.D.
20020S1448B2423 - 14 -
1 Burleigh; thence along said Burleigh lands south twenty eight
2 degrees and thirty minutes east five hundred eighty two and
3 seventy five one hundredths feet to a corner in line of lands of
4 Frank P. Woodward; thence along said Woodward's line north sixty
5 one degrees and thirty minutes east one hundred and thirty two
6 feet to a corner; thence still along Woodward's lands south
7 twenty eight degrees and thirty minutes east three hundred and
8 thirty feet to a corner in the northerly margin of the said main
9 public highway between Honesdale and Carbondale, and thence
10 along said public highway the following courses and distances
11 namely: North sixty one degrees and thirty minutes east, one
12 hundred seventy eight and five tenths feet; north sixty seven
13 degrees east one hundred ninety eight feet and south eighty
14 degrees east two hundred ninety seven feet to the place of
15 Beginning. Containing about fifty acres of land, be the same
16 more or less.
17 THE TWO PARCELS OF LAND ABOVE described join each other along
18 the line north eleven degrees west twelve hundred seventy and
19 five tenths feet, and along the line north eighty degrees east
20 for a distance of three hundred thirteen and five tenths feet.
21 The second parcel of land being a part of the same parcel of
22 land which S.A. McMullen etux, by deed dated August 1, 1917. And
23 recorded in Wayne County in Deed Book No. 109, page 521, etc.,
24 granted and conveyed to George W. Gill; and which the said
25 George W. Gill, by his last will and testament dated November 1,
26 1918, and recorded in Wayne County in Will book No. 11, page
27 242, devised to his wife Nettie K. Gill; and a part of the same
28 land which the said Nettie K. Gill, widow, by her deed dated
29 September 14, 1921, and recorded in Wayne County in Deed Book
30 No. 116, page 534, granted and conveyed to the said William M.
20020S1448B2423 - 15 -
1 Lynch.
2 BEING the same parcels, respectively, of the same premises,
3 which William M. Lynch and Jessie A. Lynch, his wife, by deed,
4 dated May 29, 1925 and recorded in Wayne County Deed Book Volume
5 124 at Page 216, granted and conveyed to The Commonwealth of
6 Pennsylvania, Grantor herein.
7 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
8 successors and assigns, all lands of Tract Four, which are
9 located southerly of the center of the right of way of ROUTE
10 6/STATE ROUTE 0006.
11 TRACT FIVE (Consisting of two parcels)
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 THE FIRST PARCEL THEREOF, being a said narrow strip of land
17 BEGINNING at the division line between lands conveyed to The
18 Delaware and Hudson Railroad Corporation, and/or predecessor by
19 Charles H. Ball, by deed dated May 3, 1900, and recorded in
20 Wayne County Deed Book No. 86, page 411, and lands conveyed by
21 Charles M. Betz, by deed dated September 26, 1899, and recorded
22 in Wayne County Deed Book No. 85, page 416; thence continuing in
23 a general westerly direction, including a parcel of land of the
24 average minimum width of two hundred (200) feet, a distance of
25 approximately four thousand five hundred twelve (4,512) feet,
26 measured along the center line of the right of way of said
27 railroad to a point in the line between the Henry Ellis and
28 Solomon Ellis warrants, and marked by a cut stone corner at the
29 line intersection of the warrant lines of the Henry Ellis and
30 Solomon Ellis warrants.
20020S1448B2423 - 16 -
1 BEING a portion of the land conveyed to The Delaware and
2 Hudson Railroad Corporation, and/or its predecessors, by deed
3 from Charles M. Betz, Guardian, by deed dated September 26,
4 1899, and recorded in Wayne County Deed Book No. 85, page 416.
5 AND BEING the "fifty-six" parcel in the aforesaid deed from
6 The Delaware and Hudson Railroad Corporation to Rice Coal
7 Company and also being a portion of the lands as conveyed by
8 Lucy Rogers by deed dated March 31, 1857, and recorded in Wayne
9 County Deed Book No. 25, page 52, and a portion of the land
10 conveyed by Mary E. Rogers by deed dated April 7, 1859, and
11 recorded in Wayne County Deed Book No. 26, page 374, this
12 portion being parcel "fifty-seventh" in the aforesaid deed from
13 The Delaware and Hudson Railroad Corporation to Rice Coal
14 Company. Also being a portion of the land conveyed to The
15 Delaware and Hudson Railroad Corporation and/or its predecessors
16 by deed of Gilbert M. Lee, etux, dated July 7, 1837 and recorded
17 in Wayne County Deed Book No. 10 Page 216, and is the "fifty-
18 eight" parcel in the aforesaid deed to Rice Coal Company, and
19 also the property conveyed to The Delaware and Hudson Railroad
20 Corporation, and/or its predecessors by deed of George H.
21 Foster, etux, dated December 11, 1899, and recorded in Wayne
22 County Deed Book No. 86, page 22. Being the "fifty-ninth" parcel
23 in the deed from The Delaware and Hudson Railroad Corporation to
24 Rice Coal Company.
25 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
26 successors and assigns, all lands of Tract Five, which are
27 located southerly of the center of the right of way of ROUTE
28 6/STATE ROUTE 0006.
29 THE SECOND PARCEL THEREOF, being all that certain piece,
30 parcel or tract of land lying, situate and being in the Township
20020S1448B2423 - 17 -
1 of Canaan, County of Wayne and Commonwealth of Pennsylvania,
2 bounded and described as follows, to wit:
3 A STRIP OF LAND approximately one hundred (100) feet in
4 width, being the former right of way, and approximately twelve
5 hundred eight (1,208) feet in length, measured along the center
6 line of the right of way of said railroad, being bounded on the
7 east by lands heretofore conveyed to The Delaware and Hudson
8 Railroad Corporation and/or its predecessors, by George O'Leary
9 etux., by deed dated February 15, 1900, and recorded in Wayne
10 County Deed Book No. 86, page 118, with said property of George
11 O'Leary has subsequently been conveyed to Rice Coal Company in
12 the aforesaid deed, and is designated as parcel "sixty-first"
13 therein, which said strip of land is bounded on the west by
14 lands heretofore conveyed to The Delaware and Hudson Railroad
15 Corporation, and or its predecessors in title by L.H. Alden
16 etux., by deed dated May 25, 1869, and recorded in Wayne County
17 Deed Book No.36, page 324, which said Alden property is now
18 owned by Rice Coal Company and was conveyed to it as parcel
19 "sixty-third" in the aforesaid deed from The Delaware and Hudson
20 Railroad Corporation to Rice Coal Company.
21 BEING part of the same premises, which Rice Coal Company, a
22 Pennsylvania corporation, by indenture, dated July 7, 1942 and
23 recorded in Wayne County Deed Book Volume 150 at Page 516,
24 granted and released to the Commonwealth of Pennsylvania,
25 Grantor herein.
26 TRACT SIX (Consisting of four parcels)
27 ALL those four pieces, parcels, tracts, or lots of land
28 situated in the Township of Canaan, in the County of Wayne and
29 Townships of Fell and Carbondale, in the County of Lackawanna
30 and Commonwealth of Pennsylvania, bounded and described as
20020S1448B2423 - 18 -
1 follows, to
2 wit:
3 THE FIRST PARCEL THEREOF consisting of land partly in Canaan
4 Township, Wayne County, partly in Fell Township and partly in
5 Carbondale Township, Lackawanna County described as follows:
6 BEGINNING at a point in the southeasterly side of the Milford
7 and Owego Turnpike (now abandoned) which lies in the line which
8 divides the warrant line between Samuel Ellis and Solomon Ellis;
9 thence by land surveyed to Solomon Ellis north 50 degrees 18
10 minutes east 201.3 feet to a cut stone monument in said warrant
11 line which marks the southwesterly corner of the Tymons and
12 McLean lot; thence along said warrant line which forms the
13 northwesterly boundary of said Tymons and McLean lot north 50
14 degrees 18 minutes east 1187.5 feet to a cut stone monument
15 which lies in the southwesterly boundary line of the Henry Ellis
16 warrant; thence along said southwesterly boundary line of said
17 Henry Ellis warrant, north 38 degrees 45 minutes west 991.1 feet
18 to a cut stone monument in said Henry Ellis boundary line;
19 thence still along said boundary line north 38 degrees 57
20 minutes west 434.3 feet to a cut stone monument in said line;
21 thence still along said Henry Ellis warrant line north 38
22 degrees 41 minutes west 1129.6 feet to a stake and stones
23 corner; thence south 86 degrees 50 minutes west 24.6 feet to a
24 corner marked by a cut stone monument in the easterly line of
25 the G.L. Morss Estate; thence along the easterly line of said
26 G.L. Morss Estate south 6 degrees 7 minutes west 2443.2 feet
27 along an old stone wall to a corner in a stone wall on the
28 northerly side of the aforementioned Milford and Owego Turnpike;
29 thence along the northerly side of said Turnpike south 61
30 degrees 13 minutes east 400 feet to a point which marks the
20020S1448B2423 - 19 -
1 northwesterly corner of the second parcel which will hereafter
2 appear in this Deed; thence along the northerly side of the
3 second parcel and along the southerly side of said Turnpike
4 south 61 degrees 13 minutes east 532 feet to the place of
5 Beginning; containing 65.9 acres of land, be the same more or
6 less.
7 THE SECOND PARCEL THEROF consisting of land partly in Canaan
8 Township, Wayne County and partly in Carbondale Township,
9 Lackawanna County, described as follows: BEGINNING on the
10 southerly side of the old Milford and Owego Turnpike in the
11 division line between the Samuel Ellis warrant and the Solomon
12 Ellis Warrant, which point is also in the westerly line of the
13 "Colloton Lot"; thence along the westerly line of said Solomon
14 Ellis warrant and along a stone wall built thereon south 50
15 degrees 38 minutes west 315 feet to a point; south 52 degrees 12
16 minutes west 337 feet to a point, and south 53 degrees 0 minutes
17 west 348 feet to a built up stones corner at the southwesterly
18 corner of the "Colloton Lot"; thence still along the westerly
19 line of said Solomon Ellis warrant south 50 degrees 13 minutes
20 west 1640 feet to an established stones corner; thence north 38
21 degrees 42 minutes west 495 feet to an established stones
22 corner; thence along an old wire fence and an old stone wall
23 north 50 degrees 57 minutes east 2,436 feet to a point in the
24 southerly side of the aforementioned Milford and Owega Turnpike;
25 thence along the southerly side of said Turnpike south 61
26 degrees 13 minutes east 532 feet to the place of Beginning.
27 Containing 29.82 acres of land, be the same more or less.
28 THE THIRD PARCEL THEREOF consisting of land in the Township
29 of Canaan, and County of Wayne, Pennsylvania, described as
30 follows: BEGINNING at a point at the easterly edge of a
20020S1448B2423 - 20 -
1 conglomerate table rock quarry said point being situated on a
2 course of south 38 degrees 42 minutes east 468 feet from the
3 southwesterly corner of the "Colloton Lot" thence along the
4 southerly side of said "Colloton Lot" south 38 degrees 42
5 minutes east 647.5 feet to the northerly right of way line of
6 the old Delaware and Hudson Company's Light Tract; thence along
7 the northerly right of way line of said tract south 28 degrees
8 53 minutes west 491 feet to a concrete right of way monument of
9 said Railroad; thence south 59 degrees 12 minutes east 7.4 feet
10 to a concrete monument which is situated 33 feet distant
11 northwesterly from the center line of said Railroad Tracks
12 (abandoned); thence along said right of way parallel with and
13 situated 33 feet distant northwesterly from said center line of
14 track the following courses and distances south 30 degrees 15
15 minutes west 201.9 feet to a point, south 43 degrees 19 minutes
16 west 102.3 feet to a point, and south 52 degrees 29 minutes west
17 148.2 feet to a point in the division line between Wayne and
18 Lackawanna Counties; thence along the Wayne-Lackawanna County
19 line north 5 degrees 53 minutes east 1279.8 feet to the place of
20 Beginning. Containing 7.5 acres of land be the same more or
21 less.
22 EXCEPTING AND RESERVING therefrom a parcel of land n/l owned
23 by the Rice Coal Company described as follows:
24 BEGINNING at a point in the northerly right of way line of
25 The Delaware and Hudson Company's Light Track situated distant
26 northwesterly 33 feet from the center line of said Railroad
27 Track (now abandoned); thence south 30 degrees 15 minutes west
28 201.9 feet to a point south 43 degrees 19 minutes west 102.3
29 feet to a point and south 52 degrees 29 minutes west 148.2 feet
30 to a point situated in the division line between Wayne and
20020S1448B2423 - 21 -
1 Lackawanna County; thence along the Wayne-Lackawanna County line
2 north 5 degrees 53 minutes east 105.8 feet to a point which is
3 situated distant 40 feet at right angles from the center line of
4 the old Standard Gauge Steam Railroad; thence along the
5 northerly right of way line of said Steam Railroad being distant
6 40 feet Northerly and parallel therewith the following courses
7 and distance, north 65 degrees 56 minutes east 68.9 feet; north
8 54 degrees 50 minutes east 109.6 feet; north 45 degrees 28
9 minutes east 96.1 feet and north 32 degrees 50 minutes east 93
10 feet to a concrete monument situated about 40 feet from the
11 center line of the aforementioned Railroad; thence south 59
12 degrees 12 minutes east 7.4 feet to the place of Beginning.
13 Containing 0.34 acres of land be the same more or less.
14 THE FOURTH PARCEL THEREOF consisting of land in the Township
15 of Canaan, and County of Wayne, Pennsylvania, described as
16 follows: BEGINNING at a cut stone corner in the southwesterly
17 boundary line of the Henry Ellis warrant, said corner is also
18 situated at a point where the Samuel Ellis warrant and Solomon
19 Ellis warrant lines intersects that of the Henry Ellis warrant;
20 thence along the Henry Ellis warrant line south 38 degrees 42
21 minutes east 1883.2 feet to a well established old stones corner
22 being the northwesterly corner of the Isaac Plant Lot and now
23 owned by The Delaware and Hudson Canal Company; thence along
24 said Isaac Plant Lot and along an old stone wall south 51
25 degrees 27 minutes west 1169.3 feet to a cut stone corner
26 marking the northeasterly corner of the "Colloton Lot"; thence
27 along the northeasterly line of said "Colloton Lot" thence along
28 the northeasterly line of said "Colloton Lot" and crossing the
29 southerly portion of No.7, Pond north 39 degrees 17 minutes west
30 1860.2 feet to a cut stone monument in the warrant line between
20020S1448B2423 - 22 -
1 Samuel Ellis warrant and Solomon Ellis warrant; thence along
2 said warrant line north 50 degrees 18 minutes east 1187.5 feet
3 to the place of Beginning. Containing 50.63 acres of land, be
4 the same more or less.
5 BEING the same parcels, respectively, of the same premises,
6 which William Francis Wolcott and Bessie C. Wolcott, his wife,
7 and Ira B. Rutherford and Gertrude H. Rutherford, his wife, by
8 indenture, dated October 10, 1951 and recorded in Wayne County
9 Deed Book Volume 179 at Page 499, granted and released to the
10 Commonwealth of Pennsylvania, Grantor herein.
11 (c) Water utility easement.--The water utility easement to
12 be conveyed pursuant to this section consists of approximately 3
13 acres of land described according to a metes and bounds
14 centerline description prepared by Alfred K. Bucconear,
15 Registered Professional Land Surveyor, and more particularly
16 described as follows:
17 A center line commencing at the WATERLINE @ C/L, said point
18 being the POINT OF BEGINNING; thence N 67 degrees 58 minutes 44
19 seconds W, a distance of 304.82 feet; thence N 68 degrees 32
20 minutes 54 seconds W, a distance of 162.62 feet; thence N 69
21 degrees 06 minutes 29 seconds W, a distance of 250.30 feet;
22 thence N 67 degrees 54 minutes 37 seconds W, a distance of
23 137.65 feet; thence N 69 degrees 04 minutes 08 seconds W, a
24 distance of 128.40 feet; thence N 67 degrees 52 minutes 59
25 seconds W, a distance of 144.65 feet; thence N 68 degrees 41
26 minutes 17 seconds W, a distance of 464.81 feet; thence N 64
27 degrees 30 minutes 34 seconds W, a distance of 47.02 feet;
28 thence N 51 degrees 36 minutes 45 seconds W, a distance of 29.09
29 feet; thence N 31 degrees 12 minutes 58 seconds W, a distance of
30 25.90 feet; thence N 21 degrees 27 minutes 04 seconds W, a
20020S1448B2423 - 23 -
1 distance of 86.46 feet; thence N 20 degrees 37 minutes 09
2 seconds W, a distance of 134.01 feet; thence N 19 degrees 36
3 minutes 44 seconds W, a distance of 96.82 feet; thence N 16
4 degrees 55 minutes 13 seconds W, a distance of 62.30 feet;
5 thence N 12 degrees 31 minutes 15 seconds W, a distance of 41.75
6 feet; thence N 06 degrees 00 minutes 09 seconds W, a distance of
7 49.29 feet; thence N 02 degrees 57 minutes 11 seconds E, a
8 distance of 41.92 feet; thence N 09 degrees 17 minutes 39
9 seconds E, a distance of 38.51 feet; thence N 10 degrees 04
10 minutes 02 seconds E, a distance of 56.80 feet; thence N 11
11 degrees 22 minutes 59 seconds E, a distance of 115.75 feet;
12 thence N 00 degrees 47 minutes 04 seconds E, a distance of 69.47
13 feet; thence N 08 degrees 59 minutes 25 seconds W, a distance of
14 64.41 feet; thence N 53 degrees 53 minutes 45 seconds W, a
15 distance of 55.63 feet; thence N 57 degrees 54 minutes 19
16 seconds W, a distance of 35.41 feet; thence N 61 degrees 25
17 minutes 32 seconds W, a distance of 34.61 feet; thence N 63
18 degrees 08 minutes 43 seconds W, a distance of 45.47 feet;
19 thence N 73 degrees 58 minutes 07 seconds W, a distance of 53.96
20 feet; thence N 84 degrees 19 minutes 04 seconds W, a distance of
21 67.71 feet; N 88 degrees 47 minutes 01 second W, a distance of
22 57.62 feet; thence N 89 degrees 45 minutes 20 seconds W, a
23 distance of 105.03 feet; thence 88 degrees 57 minutes 12 seconds
24 W, a distance of 147.71 feet; thence 89 degrees 44 minutes 42
25 seconds W, a distance of 42.69 feet; thence N 78 degrees 29
26 minutes 22 seconds W, a distance of 293.49 feet; thence S 89
27 degrees 24 minutes 49 seconds W, a distance of 158.70 feet;
28 thence S 87 degrees 45 minutes 54 seconds W, a distance of
29 106.48 feet; thence N 89 degrees 24 minutes 25 seconds W, a
30 distance of 119.83 feet; thence N 81 degrees 23 minutes 05
20020S1448B2423 - 24 -
1 seconds W, a distance of 66.08 feet; thence N 79 degrees 31
2 minutes 39 seconds W, a distance of 76.12 feet; thence N 72
3 degrees 18 minutes 15 seconds W, a distance of 73.70 feet;
4 thence N 71 degrees 05 minutes 29 seconds W, a distance of
5 251.05 feet; thence N 64 degrees 19 minutes 14 seconds W, a
6 distance of 131.97 feet; thence N 52 degrees 55 minutes 18
7 seconds W, a distance of 32.11 feet; thence N 49 degrees 47
8 minutes 22 seconds W, a distance of 37.45 feet; thence N 45
9 degrees 04 minutes 27 seconds W, a distance of 194.66 feet;
10 thence S 88 degrees 12 minutes 46 seconds W, a distance of
11 174.58 feet; thence N 65 degrees 26 minutes 45 seconds W, a
12 distance of 161.09 feet; thence N 66 degrees 34 minutes 46
13 seconds W, a distance of 259.68 feet; thence N 69 degrees 29
14 minutes 27 seconds W, a distance of 102.10 feet; thence N 67
15 degrees 50 minutes 25 seconds W, a distance of 81.83 feet;
16 thence N 62 degrees 58 minutes 23 seconds W, a distance of 61.90
17 feet; thence N 53 degrees 27 minutes 53 seconds W, a distance of
18 58.71 feet; thence N 39 degrees 55 minutes 19 seconds W, a
19 distance of 106.99 feet; thence N 37 degrees 18 minutes 39
20 seconds W, a distance of 186.81 feet; thence N 37 degrees 28
21 minutes 40 seconds W, a distance of 89.60 feet; thence N 16
22 degrees 14 minutes 14 seconds W, a distance of 12.53 feet;
23 thence N 28 degrees 40 minutes 54 seconds E, a distance of 19.17
24 feet to the POINT OF ENDING.
25 (d) Conditions.--The conveyance shall be made under and
26 subject to all lawful and enforceable easements, servitudes and
27 rights of others, including but not confined to streets,
28 roadways and rights of any telephone, telegraph, water,
29 electric, gas or pipeline companies, as well as under and
30 subject to any lawful and enforceable estates or tenancies
20020S1448B2423 - 25 -
1 vested in third persons appearing of record, for any portion of
2 the land or improvements erected thereon. The deed of conveyance
3 shall contain the following covenant "under and subject to a
4 condition that a portion of the lands herein conveyed shall
5 contain a restriction stating that any area within 500 feet of
6 the shoreline or the normal pool elevation of Carbondale
7 Reservoir No.4 (as defined by the crest of the spillway
8 elevation at the date of conveyance) shall remain open and that
9 no development can occur on that portion of the property."
10 (e) Deed.--The deed of conveyance shall be by Special
11 Warranty Deed and shall be executed by the Secretary of General
12 Services in the name of the Commonwealth of Pennsylvania. THE <--
13 DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT THE PROPERTY
14 CONVEYED SHALL BE USED FOR PUBLIC WATER PURPOSES BY THE
15 PENNSYLVANIA SUBURBAN WATER COMPANY OR ITS SUCCESSOR, AND, IF AT
16 ANY TIME THE PENNSYLVANIA SUBURBAN WATER COMPANY OR ITS
17 SUCCESSOR SELLS OR TRANSFERS THE PROPERTY OR PERMITS THE
18 PROPERTY TO BE USED FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED
19 IN THIS SECTION, THE TITLE TO THE PROPERTY SHALL IMMEDIATELY
20 REVERT TO AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
21 (f) Costs and fees.--Costs and fees incidental to this
22 conveyance shall be borne by the Grantee.
23 (g) Alternative disposition.--In the event that this
24 conveyance is not executed by January 1, 2007, the property may
25 be disposed of in accordance with Article 2406-A of the Act of
26 April 9, 1929 (P.L.177, No.175), known as The Administrative
27 Code of 1929.
28 Section 2. Effective date.
29 This act shall take effect immediately.
30 SECTION 1. CONVEYANCE IN CANAAN TOWNSHIP, WAYNE COUNTY. <--
20020S1448B2423 - 26 -
1 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
2 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF CORRECTIONS,
3 IS HEREBY AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
4 PENNSYLVANIA TO GRANT AND CONVEY TO WAYMART WIND FARM L.P., 405
5 14TH STREET, SUITE 712, OAKLAND, CALIFORNIA, 94612, FOR AN
6 ANNUAL CONSIDERATION OF $400; A 50-YEAR EASEMENT FOR AN ELECTRIC
7 TRANSMISSION LINE ON A PARCEL OF LAND SITUATE IN CANAAN
8 TOWNSHIP, WAYNE COUNTY, ON THE GROUNDS OF THE STATE CORRECTIONAL
9 INSTITUTION AT WAYMART, SOUTH OF STATE ROUTE 0006 AS DESCRIBED
10 IN SUBSECTION (B), ALL IN ACCORDANCE WITH A PROPOSED EASEMENT
11 AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES.
12 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
13 PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY 1.9482
14 ACRES OF LAND BOUNDED AND DESCRIBED ACCORDING TO A METES AND
15 BOUNDS DESCRIPTION PREPARED BY ALFRED K. BUCCONEAR, REGISTERED
16 PROFESSIONAL LAND SURVEYOR, MORE PARTICULARLY DESCRIBED AS
17 FOLLOWS:
18 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LYING,
19 SITUATE AND BEING IN THE TOWNSHIP OF CANAAN, COUNTY OF WAYNE AND
20 COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,
21 TO WIT:
22 BEGINNING AT A POINT, LOCATED IN THE CENTER OF THE RIGHT OF
23 WAY OF U.S. TRAFFIC ROUTE 6/STATE ROUTE 0006/ROOSEVELT HIGHWAY,
24 SAID POINT BEING FURTHER DISTINGUISHED AS BEING LOCATED, THE
25 FOLLOWING CURVILINEAR COURSE AND DISTANCE (MEASURED ALONG THE
26 CENTER OF THE AFORESAID RIGHT OF WAY), NAMELY, ALONG THE ARC OF
27 A CURVE TO THE LEFT, IN A SOUTHEASTERLY DIRECTION, HAVING A
28 CENTRAL ANGLE OF 03 DEGREES 38 MINUTES 13 SECONDS, WITH THE
29 RADIUS OF 1432.690 FEET, A DISTANCE OR ARC LENGTH OF 90.937
30 FEET, FROM THE SOUTHEASTERLY CORNER OF A CERTAIN LOT, CONTAINING
20020S1448B2423 - 27 -
1 2.7580 ACRES OF LAND, EXCEPTED AND RESERVED, TO THE COMMONWEALTH
2 OF PENNSYLVANIA, IN A CERTAIN PROPOSED DEED/INDENTURE OF
3 CONVEYANCE TO PENNSYLVANIA/PHILADELPHIA SUBURBAN WATER COMPANY;
4 THENCE, ALONG THE CENTER OF THE RIGHT OF WAY OF THE AFORESAID
5 U.S. TRAFFIC ROUTE 6, THE FOLLOWING TWO CURVILINEAR COURSES AND
6 DISTANCES; ALONG THE ARC OF A CURVE TO THE LEFT, IN A
7 SOUTHEASTERLY DIRECTION, HAVING A CENTRAL ANGLE OF 00 DEGREES 39
8 MINUTES 26 SECONDS, WITH A RADIUS OF 1432.690 FEET, A DISTANCE
9 OR ARC LENGTH OF 16.437 FEET TO A POINT, BEING THE CENTER OF THE
10 SUBJECT EASEMENT HEREIN, AND
11 THENCE, CONTINUING ALONG THE ARC OF A CURVE TO THE LEFT, IN A
12 SOUTHEASTERLY DIRECTION, HAVING A CENTRAL ANGLE OF 00 DEGREES 39
13 MINUTES 15 SECONDS, WITH A RADIUS OF 1432.690 FEET, A DISTANCE
14 OR ARC LENGTH OF 16.354 FEET TO A POINT,
15 THENCE, DEPARTING FROM THE AFORESAID U.S. TRAFFIC ROUTE 6 AND
16 THROUGH LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, SOUTH 11
17 DEGREES 11 MINUTES 06 SECONDS EAST (CROSSING A CERTAIN DRAINAGE
18 AND, ALSO, CROSSING A CERTAIN PRIVATE ACCESS ROADWAY) 746.076
19 FEET TO A POINT;
20 THENCE, CONTINUING THROUGH LANDS OF THE AFORESAID
21 COMMONWEALTH OF PENNSYLVANIA, SOUTH 36 DEGREES 49 MINUTES 49
22 SECONDS WEST (CROSSING A CERTAIN PUBLIC HIGHWAY, DESIGNATED AS
23 PA L.R.63086/STATE ROUTE 3030/CARBONDALE ROAD) 2243.806 FEET TO
24 A POINT, LOCATED ON COMMON BOUNDS OF LANDS OF CATHERINE ANN
25 HARDING ET VIR, ET AL (RECORD BOOK 537, PAGE 280), SAID POINT
26 BEING FURTHER DISTINGUISHED AS BEING LOCATED, NORTH 31 DEGREES
27 16 MINUTES 31 SECONDS EAST (MEASURED ALONG COMMON BOUNDS OF
28 LANDS OF THE AFORESAID HARDING ET AL) 3058.541 FEET, FROM A
29 SPIKE SET AT THE BASE OF A WOOD STAKE FOUND IN STONES CORNER,
30 BEING THE SOUTHEASTERLY CORNER OF LAND OF THE AFORESAID HARDING
20020S1448B2423 - 28 -
1 ET AL;
2 THENCE, ALONG COMMON BOUNDS OF LANDS OF THE AFORESAID HARDING
3 ET AL, NORTH 31 DEGREES 16 MINUTES 31 SECONDS EAST 154.953 FEET
4 TO A POINT, BEING THE CENTER OF THE SUBJECT EASEMENT HEREIN;
5 THENCE, CONTINUING ALONG COMMON BOUNDS OF LANDS OF THE AFORESAID
6 HARDING ET AL, NORTH 31 DEGREES 16 MINUTES 31 SECONDS EAST
7 154.953 FEET TO A POINT;
8 THENCE, THROUGH LANDS OF THE AFORESAID COMMONWEALTH OF
9 PENNSYLVANIA, NORTH 36 DEGREES 49 MINUTES 49 SECONDS EAST
10 (CROSSING THE AFORESAID PA L.R.63086) 1921.995 FEET TO A POINT;
11 THENCE, CONTINUING THROUGH LANDS OF THE AFORESAID
12 COMMONWEALTH OF PENNSYLVANIA, NORTH 11 DEGREES 11 MINUTES 06
13 SECONDS WEST (CROSSING THE AFORESAID PRIVATE ACCESS ROADWAY AND
14 DRAINAGE) 745.951 FEET TO THE PLACE OF BEGINNING.
15 CONTAINING, WITHIN BOUNDS, 1.9482 ACRES OF LAND.
16 (C) CONDITIONS.--THE EASEMENT CONVEYANCE SHALL BE MADE UNDER
17 AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES
18 AND RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
19 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
20 ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
21 SUBJECT TO ANY LAWFUL INTEREST, ENFORCEABLE ESTATES OR TENANCIES
22 VESTED IN THIRD PERSONS WHETHER OR NOT APPEARING OF RECORD, FOR
23 ANY PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
24 (D) APPROVAL.--THE EASEMENT CONVEYANCE SHALL BE APPROVED AS
25 PROVIDED BY LAW AND SHALL BE EXECUTED BY THE SECRETARY OF
26 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
27 PENNSYLVANIA.
28 (E) PROCEEDS.--THE PROCEEDS OF THIS 50-YEAR EASEMENT SHALL
29 BE PAID INTO THE GENERAL FUND.
30 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
20020S1448B2423 - 29 -
1 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
2 SECTION 2. CONVEYANCE IN COLLIER TOWNSHIP, ALLEGHENY COUNTY.
3 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
4 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
5 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO LEON
6 DWINGA AND PATRICIA DWINGA CERTAIN LAND AS DESCRIBED IN
7 SUBSECTION (B) FOR FAIR MARKET VALUE AS DETERMINED BY AN
8 INDEPENDENT APPRAISAL.
9 (B) PROPERTY DESCRIPTION.--THE TRACT TO BE CONVEYED IS
10 SITUATE IN THE TOWNSHIP OF COLLIER, ALLEGHENY COUNTY,
11 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
12 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF
13 COLLIER, COUNTY OF ALLEGHENY AND COMMONWEALTH OF PENNSYLVANIA,
14 BEING PARTS OF LOT NOS. 53 AND 54 IN A. W. MELLON'S PLAN OF
15 EWING FARM, RECORDED IN THE RECORDER'S OFFICE OF ALLEGHENY
16 COUNTY IN PLAN BOOK VOLUME 22, PAGES 194 AND 195, BOUNDED AND
17 DESCRIBED AS FOLLOWS:
18 BEGINNING AT A POINT IN THE CENTER OF DORRINGTON ROAD AND THE
19 EASTERLY LINE OF LOT 54 AS LAID OUT IN SAID PLAN; THENCE ALONG
20 THE CENTERLINE OF DORRINGTON ROAD TO A POINT ON THE WESTERLY
21 LINE OF LOT 53 AS LAID OUT IN SAID PLAN; THENCE ALONG THE
22 WESTERLY LINE OF LOT 53 TO A POINT; THENCE ALONG THE SOUTHERLY
23 LINE OF LOT NOS. 53 AND 54 TO THE CENTERLINE OF HILL TOP ROAD,
24 S.R. 3052; THENCE ALONG THE CENTERLINE OF HILL TOP ROAD, S.R.
25 3052 TO A POINT ON THE EASTERLY LINE OF LOT 54 AS LAID OUT IN
26 SAID PLAN; THENCE ALONG THE EASTERLY SIDE OF LOT 54 TO A POINT
27 IN THE CENTER OF DORRINGTON ROAD, AT THE PLACE OF BEGINNING.
28 CONTAINING: .33 ACRES OF LAND MORE OR LESS.
29 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
30 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
20020S1448B2423 - 30 -
1 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
2 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, CABLE, WATER,
3 ELECTRIC, SEWER, 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.
7 (D) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
8 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
9 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
10 (E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
11 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
12 SECTION 3. WEST BRADFORD TOWNSHIP, CHESTER COUNTY CONVEYANCE.
13 (A) CONVEYANCE AUTHORIZED.--THE DEPARTMENT OF GENERAL
14 SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WELFARE
15 AND THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF THE
16 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE SOCIETY
17 FOR THE PREVENTION OF CRUELTY TO ANIMALS OF CHESTER COUNTY, INC.
18 CERTAIN LAND AS DESCRIBED IN SUBSECTION (B) FOR FAIR MARKET
19 VALUE AS DETERMINED BY AN INDEPENDENT APPRAISAL.
20 (B) PROPERTY DESCRIPTION.--THE TRACT TO BE CONVEYED IS
21 SITUATE IN THE TOWNSHIP OF WEST BRADFORD, CHESTER COUNTY,
22 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
23 ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN WEST
24 BRADFORD TOWNSHIP, CHESTER COUNTY, PA, DESCRIBED ACCORDING TO A
25 PLAN PREPARED BY REGESTER ASSOCIATES, INC., DATED MARCH 12,
26 2002, AND LAST REVISED MAY 13, 2002, BEING DRAWING NUMBER C-915,
27 TO WIT:
28 BEGINNING AT A POINT IN THE TITLE LINE OF PUBLIC ROAD S.R.
29 3062 KNOWN AS STRASBURG ROAD, MARKING A CORNER OF THE HEREIN
30 DESCRIBED TRACT AND A CORNER OF LANDS OF THE TATTERSALL GOLF
20020S1448B2423 - 31 -
1 COMMUNITY; THENCE LEAVING THE SAID POINT OF BEGINNING, LEAVING
2 STRASBURG ROAD AND ALONG LANDS OF THE TATTERSALL GOLF COMMUNITY
3 THE FOLLOWING THREE COURSES AND DISTANCES TO WIT: SOUTH 02
4 DEGREES 58 MINUTES 05 SECONDS EAST 243.59 FEET TO A RE-ROD;
5 SOUTH 43 DEGREES 29 MINUTES 16 SECONDS EAST 248.53 FEET TO AN
6 IRON PIN; SOUTH 28 DEGREES 12 MINUTES 17 SECONDS EAST 437.96
7 FEET TO AN IRON PIN MARKING A CORNER OF LANDS OF THE
8 COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG THE SAME THE
9 FOLLOWING TWO COURSES AND DISTANCES TO WIT; SOUTH 44 DEGREES 28
10 MINUTES 27 SECONDS WEST 1050.95 FEET TO AN IRON PIN; NORTH 09
11 DEGREES 27 MINUTES 18 SECONDS WEST 1523.20 FEET TO A POINT IN
12 THE TITLE LINE OF STRASBURG ROAD, AFOREMENTIONED; THENCE ALONG
13 THE SAME, NORTH 84 DEGREES 32 MINUTES 27 SECONDS EAST 598.58
14 FEET TO THE FIRST MENTIONED POINT AND PLACE OF BEGINNING.
15 CONTAINING: 20.000 ACRES OF LAND BE THE SAME MORE OR LESS.
16 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER THE
17 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
18 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
19 ROADWAYS AND RIGHTS OF TELEPHONE, TELEGRAPH, CABLE, WATER,
20 ELECTRIC, SEWER, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER THE
21 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
22 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
23 THE LAND OR IMPROVEMENTS ERECTED THEREON.
24 (D) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE SHALL BE BY
25 SPECIAL WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF
26 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
27 PENNSYLVANIA.
28 (E) SPECIAL CONDITION.--THE CONVEYANCE SHALL BE SUBJECT TO A
29 CONDITION THAT THE LANDS CONVEYED UNDER THIS SECTION SHALL BE
30 USED FOR THE PRINCIPAL USE OF PROGRAMS AND SERVICES ASSOCIATED
20020S1448B2423 - 32 -
1 WITH THE PREVENTION OF CRUELTY TO ANIMALS AND ENFORCEMENT OF THE
2 ANIMAL CRUELTY LAWS OF THE COMMONWEALTH, BY THE GRANTEE, OR ITS
3 SUCCESSOR IN INTEREST. THIS CONDITION MAY BE REMOVED BY THE
4 COMMONWEALTH BUT ONLY IF THE GRANTEE DEMONSTRATES GOOD REASON TO
5 DO SO AND PAYS THE COMMONWEALTH AN AMOUNT WHICH REPRESENTS THE
6 DIFFERENCE IN REAL DOLLARS BETWEEN THE CONSIDERATION PAID BY
7 GRANTEE TO THE COMMONWEALTH FOR THE PURCHASE OF LANDS CONVEYED
8 IN THIS SECTION WITH THE RESTRICTIVE COVENANT AND THE THEN
9 CURRENT FAIR MARKET APPRAISED VALUE THE PROPERTY WOULD HAVE HAD
10 WITHOUT THE RESTRICTIVE COVENANT. SHOULD THE GRANTEE, WHILE THIS
11 CONDITION REMAINS IN EFFECT, EITHER ALLOW THE PROPERTY TO BE
12 USED FOR A PRINCIPAL USE OTHER THAN THAT DESCRIBED ABOVE OR
13 ATTEMPT TO CONVEY THE PREMISES, TITLE SHALL IMMEDIATELY REVERT
14 TO AND REVEST IN THE COMMONWEALTH.
15 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
16 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
17 SECTION 4. CONVEYANCE IN MIDDLECREEK TOWNSHIP, SOMERSET COUNTY.
18 (A) AUTHORIZATION AND DESCRIPTION.--THE DEPARTMENT OF
19 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
20 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, IS HEREBY
21 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
22 PENNSYLVANIA TO GRANT AND CONVEY TO SANFORD J. AND DORIS M.
23 HENRY (TAX PARCEL NO. 27-0-002970 AND TAX PARCEL NO. 27-0-
24 002960), PAUL L. AND DEBORAH K. BAKER (TAX PARCEL NO. 27-0-
25 012850), MICHAEL R. AND JEANNE M. HENRY (TAX PARCEL NO. 27-0-
26 016690), LYNN A. AND KIMBERLY R. HENRY (TAX PARCEL NO. 27-0-
27 019820), LELAND W. HENRY, SR. (TAX PARCEL NO. 27-0-002940) AND
28 LELAND W. HENRY, JR. (TAX PARCEL NO. 27-0-0-002830), ALL OF
29 MIDDLECREEK TOWNSHIP, SOMERSET COUNTY, THEIR HEIRS AND ASSIGNS,
30 FOR A CONSIDERATION OF $1, AN ACCESS ROAD RIGHT-OF-WAY HAVING A
20020S1448B2423 - 33 -
1 WIDTH OF THIRTY-THREE (33') FEET ACROSS A PARCEL OF THE LAUREL
2 HILL STATE PARK IN MIDDLECREEK TOWNSHIP, SOMERSET COUNTY, THE
3 CENTER LINE OF SAID ACCESS ROAD DESCRIBING ALSO THE CENTER LINE
4 OF AN EXISTING GRAVEL ROAD AND BEING MORE PARTICULARLY BOUNDED
5 AND DESCRIBED AS FOLLOWS:
6 BEGINNING AT A POINT ON THE WESTERN SIDE OF SR 3029 AT THE
7 JUNCTION OF AN EXISTING GRAVEL ROAD, SAID POINT OF BEGINNING
8 BEING LOCATED APPROXIMATELY 3,375 FEET SOUTH FROM THE
9 INTERSECTION OF SR 3029 AND JONES MILL ROAD, THENCE FROM SAID
10 POINT OF BEGINNING AND BY THE CENTERLINE OF SAID EXISTING GRAVEL
11 ROAD AND THIRTY-THREE (33') FOOT WIDE RIGHT OF WAY THE FOLLOWING
12 THREE (3) COURSES: NORTH 77 DEGREES 40 MINUTES 10 SECONDS EAST
13 FOR A DISTANCE OF 208.76 FEET TO A POINT, THENCE NORTH 81
14 DEGREES 34 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 220.46 FEET
15 TO A POINT, AND THENCE NORTH 75 DEGREES 28 MINUTES 03 SECONDS
16 EAST FOR A DISTANCE OF 109.88 FEET TO A POINT ON THE COMMON
17 BOUNDARY OF SAID LANDS OF LAUREL HILL STATE PARK AND LANDS NOW
18 OR FORMERLY OF LELAND W. HENRY ET. UX.
19 (B) EASEMENT.--THE CONVEYANCE SHALL BE MADE UNDER AND
20 SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
21 INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
22 ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS OR
23 PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY
24 INTEREST, ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER
25 OR NOT APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
26 IMPROVEMENTS ERECTED THEREON.
27 (C) PROCEEDS.--THE PROCEEDS OF THE SALE SHALL BE PAID INTO
28 THE GENERAL FUND.
29 (D) DEED.--THE DEED OF EASEMENT OR RIGHT-OF-WAY SHALL BE
30 APPROVED AS PROVIDED BY LAW AND SHALL BE EXECUTED BY THE
20020S1448B2423 - 34 -
1 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
2 PENNSYLVANIA.
3 (E) COSTS.--COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE
4 SHALL BE BORNE BY THE GRANTEE.
5 SECTION 5. CONVEYANCE IN BOROUGH OF ROYALTON, DAUPHIN COUNTY.
6 (A) AUTHORIZATION TO RELEASE RESTRICTIONS.--THE LAND
7 DESCRIBED IN SUBSECTION (B) IS HEREBY RELEASED FROM ANY
8 RESTRICTIONS OR ENCUMBRANCES ON THE TITLE RESULTING FROM THE
9 PROVISIONS OF THE ACT OF JANUARY 19, 1968 (1967 P.L.996,
10 NO.443), KNOWN AS THE LAND AND WATER CONSERVATION AND
11 RECLAMATION ACT, IN EXCHANGE FOR THE IMPOSITION OF THE LAND AND
12 WATER CONSERVATION AND RECLAMATION ACT PROVISIONS ON LAND OWNED
13 BY THE BOROUGH OF ROYALTON AND DESCRIBED IN SUBSECTION (C).
14 (B) DESCRIPTION OF LAND TO BE RELEASED OF RESTRICTIONS.--ALL
15 THAT CERTAIN PARCEL OF LAND LOCATED IN THE BOROUGH OF ROYALTON,
16 DAUPHIN COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
17 BEGINNING AT A MONUMENT ON THE SOUTHERLY SIDE OF CANAL STREET;
18 THENCE SOUTH 10 DEGREES 03 MINUTES WEST ALONG THE EASTERLY SIDE
19 OF A PRIVATE ROAD, 123.55 FEET TO A SPIKE; THENCE SOUTH 79
20 DEGREES 50 MINUTES WEST 100 FEET TO A SPIKE IN THE EASTERLY LINE
21 OF LANDS, NOW OR LATE, OF MARGARET ELLEN KERR BECKLEY; THENCE
22 NORTH 12 DEGREES 42 MINUTES EAST 97.46 FEET TO A SPIKE IN THE
23 SOUTHERLY LINE OF CANAL STREET; THENCE ALONG THE SOUTHERN LINE
24 OF SAID CANAL STREET, NORTH 75 DEGREES 50 MINUTES EAST 45.51
25 FEET TO A SPIKE; THENCE STILL ALONG THE SOUTHERLY LINE OF SAID
26 CANAL STREET, SOUTH 07 DEGREES 40 MINUTES EAST, 54.50 FEET TO A
27 MONUMENT, THE PLACE OF BEGINNING.
28 BEING THE SAME PREMISES WHICH KENNETH P. DUDLEY AND DORIS M.
29 DUDLEY, HIS WIFE, BY DEED DATED AUGUST 7, 1984, AND RECORDED IN
30 THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY, PENNSYLVANIA,
20020S1448B2423 - 35 -
1 IN RECORD BOOK 526, AT PAGE 252, GRANTED AND CONVEYED TO THE
2 BOROUGH OF ROYALTON. AND BEING ALSO TRACT 2 UPON WHICH THE
3 BOROUGH OF ROYALTON BY DEED DATED SEPTEMBER 26, 1988, AND
4 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY,
5 PENNSYLVANIA, IN RECORD BOOK 1179, AT PAGE 363, PREVIOUSLY
6 IMPOSED THE RESTRICTION THAT THE SAID TRACT 2 BE USED FOR
7 MUNICIPAL PARK, RECREATION AND OPEN SPACE PURPOSES AS DEFINED IN
8 THE LAND AND WATER CONSERVATION AND RECLAMATION ACT.
9 (C) DESCRIPTION OF LAND TO BE RESTRICTED.--ALL OF THAT
10 CERTAIN PORTION OF LAND IN THE BOROUGH OF ROYALTON, DAUPHIN
11 COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
12 BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERN
13 RIGHT-OF-WAY LINE OF BURD STREET (50' WIDE) WITH THE EASTERN
14 LINE OF LANDS NOW OR FORMERLY OF AMTRAK, SAID POINT ALSO BEING
15 AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED LOT NO. 2;
16 THENCE, ALONG THE AFOREMENTIONED LANDS OF AMTRAK, AND ALONG THE
17 WESTERN SIDE OF A 10 FEET WIDE DRAINAGE EASEMENT, NORTH 19
18 DEGREES 32 MINUTES 24 SECONDS WEST, 143.21 FEET TO A CONCRETE
19 MONUMENT (SET); THENCE, ALONG LOT NO. 1, AS SHOWN ON THE ABOVE
20 REFERENCED PLAN, SOUTH 84 DEGREES 30 MINUTES 00 SECONDS EAST,
21 142.39 FEET TO A CONCRETE MONUMENT (SET); THENCE, CONTINUING
22 ALONG THE AFOREMENTIONED LOT NO. 1, ALONG THE WESTERN SIDE OF A
23 25 FEET WIDE ACCESS AND UTILITY EASEMENT, SOUTH 05 DEGREES 30
24 MINUTES 00 SECONDS WEST, 129.75 FEET TO A 3/4 INCH REBAR WITH
25 CAP (SET) AT THE NORTHERN RIGHT-OF-WAY LINE OF THE
26 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY LINE
27 AND ALONG THE SOUTHERN SIDE OF THE AFOREMENTIONED DRAINAGE
28 EASEMENT, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 81.77
29 FEET TO THE POINT OF BEGINNING, CONTAINING 14,542.6 SQUARE FEET
30 OR 0.3339 ACRES. IDENTIFIED AS "LOT NO. 2", ON A PLAN TITLED,
20020S1448B2423 - 36 -
1 "FINAL SUBDIVISION PLAN FOR BOROUGH OF ROYALTON", PREPARED BY
2 LIGHT-HEIGEL & ASSOCIATES, INC., DATED JULY 26, 2002, JOB NUMBER
3 02-0372, RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN
4 COUNTY, PENNSYLVANIA, IN PLAN BOOK I, VOLUME 8, AT PAGE 95, AND
5 BEING A PORTION OF THE PIECE OR PARCEL OF LAND WHICH THE
6 MIDDLETOWN AREA SCHOOL DISTRICT BY DEED DATED JUNE 25, 2001, AND
7 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY,
8 PENNSYLVANIA, IN RECORD BOOK 4042, AT PAGE 492 GRANTED AND
9 CONVEYED TO THE BOROUGH OF ROYALTON. TOGETHER WITH THE RIGHT OF
10 INGRESS, EGRESS, AND REGRESS, FROM BURD STREET, OVER AND ACROSS
11 A 25 FEET WIDE ACCESS AND UTILITY EASEMENT OVER LANDS GRANTED
12 AND CONVEYED TO THE BOROUGH OF ROYALTON BY THE AFORESAID DEED OF
13 JUNE 25, 2001, SAID EASEMENT BEING SET FORTH ON THE AFORESAID
14 FINAL SUBDIVISION PLAN, AND SAID EASEMENT BEING FURTHER
15 DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH REBAR WITH CAP
16 (SET) ON THE NORTHERN RIGHT-OF-WAY LINE OF BURD STREET (50'
17 WIDE) IN THE BOROUGH OF ROYALTON, DAUPHIN COUNTY, PENNSYLVANIA,
18 SAID REBAR BEING AT THE SOUTHEAST CORNER OF LOT NO. 2, AT A
19 CORNER COMMON TO LANDS NOW OR FORMERLY OF THE BOROUGH OF
20 ROYALTON (LOT NO. 1) AS SHOWN ON THE ABOVE REFERENCED PLAN, SAID
21 POINT ALSO BEING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED
22 PROPOSED 25 FEET WIDE ACCESS AND UTILITY EASEMENT ON THE ABOVE
23 REFERENCED PLAN; THENCE, ALONG THE AFOREMENTIONED LOT NO. 2,
24 NORTH 05 DEGREES 30 MINUTES 00 SECONDS EAST, 129.75 FEET TO A
25 CONCRETE MONUMENT (SET); THENCE, THROUGH THE AFOREMENTIONED
26 LANDS OF THE BOROUGH OF ROYALTON, SOUTH 84 DEGREES, 30 MINUTES,
27 00 SECONDS EAST, 25.00 FEET TO A POINT, THENCE, ALONG LANDS NOW
28 OR FORMERLY OF MICHAEL S. RICHARDS, DESCRIBED IN DEED BOOK 2429,
29 AT PAGE 110, SOUTH 05 DEGREES 30 MINUTES 00 SECONDS WEST, 129.75
30 TO A PIN (FOUND) ON THE NORTHERN RIGHT-OF-WAY LINE OF THE
20020S1448B2423 - 37 -
1 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY
2 LINE, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 25.00 FEET TO
3 THE POINT OF THE BEGINNING.
4 (D) AUTHORIZATION TO IMPOSE RESTRICTIONS.--THE FOLLOWING
5 RESTRICTION SHALL BE ADDED TO THE DEED FOR THE LAND DESCRIBED IN
6 SUBSECTION (C):
7 "THIS LAND IS TO BE USED FOR MUNICIPAL PARK, RECREATION
8 AND OPEN SPACE PURPOSES AS DEFINED IN THE LAND AND WATER
9 CONSERVATION AND RECLAMATION ACT."
10 (E) SPECIAL ACCOUNT.--FURTHER, IN CONSIDERATION FOR
11 RELEASING THE RESTRICTIONS ON THE PROPERTY DESCRIBED IN
12 SUBSECTION (B), THE BOROUGH SHALL PLACE IN A SPECIAL ACCOUNT OF
13 THE BOROUGH AN AMOUNT OF MONEY EQUAL TO THE FAIR MARKET VALUE OF
14 THIS PROPERTY. FOR PURPOSES OF THIS LEGISLATION THE FAIR MARKET
15 VALUE HAS BEEN DETERMINED TO BE $16,500. WITHIN FIVE YEARS OF
16 THE EFFECTIVE DATE OF THIS ACT, THIS MONEY SHALL BE USED
17 EXCLUSIVELY TO MAKE IMPROVEMENTS TO EXISTING BOROUGH-OWNED PARKS
18 AND PLAYGROUNDS IN ACCORDANCE WITH A PLAN APPROVED BY THE
19 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BUREAU OF
20 RECREATION AND CONSERVATION.
21 SECTION 6. LATROBE BOROUGH, WESTMORELAND COUNTY.
22 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
23 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
24 VETERANS AFFAIRS, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF
25 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
26 BOROUGH OF LATROBE, FOR FAIR MARKET VALUE AS DETERMINED BY
27 INDEPENDENT APPRAISAL, THE NATIONAL GUARD ARMORY SITUATE IN
28 LATROBE BOROUGH, WESTMORELAND COUNTY, PENNSYLVANIA, DESCRIBED IN
29 SUBSECTION (B).
30 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
20020S1448B2423 - 38 -
1 SUBSECTION (A) CONSISTS OF APPROXIMATELY 0.32 ACRES AND AN
2 ARMORY BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS
3 FOLLOWS:
4 TRACT 1
5 BEING LOT NO. 8 IN BLOCK 9 OF THE BRINKER PLAN OF LOTS AS
6 RECORDED IN WESTMORELAND COUNTY DEED BOOK 82, PAGE 225.
7 SAID LOT HAVING A FRONTAGE OF FIFTY (50) FEET ON THE
8 NORTHERLY SIDE OF SPRING STREET, AND EXTENDING BACK, OF EVEN
9 WIDTH, BETWEEN LOT NO. 7 ON THE EAST AND LOT NO. 9 ON THE WEST,
10 A DISTANCE OF ONE HUNDRED THIRTY-EIGHT AND EIGHTY-SIX HUNDREDTHS
11 (138.86) FEET TO AN ALLEY.
12 BEING THE SAME LAND CONVEYED TO THE COMMONWEALTH OF
13 PENNSYLVANIA BY DEED OF EFFIE B. WHITEMAN, THOMAS M. WHITEMAN,
14 RACHEL L. WHITEMAN, AND HARRY J. WHITEMAN, DATED NOVEMBER 24,
15 1922, AND RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN AND FOR
16 WESTMORELAND COUNTY, PENNSYLVANIA, IN DEED BOOK 720, PAGE 130.
17 TRACT 2
18 BEING LOT NO. 7 IN BLOCK 9 OF THE BRINKER PLAN OF LOTS IN
19 SAID BOROUGH OF LATROBE AS RECORDED IN WESTMORELAND COUNTY DEED
20 BOOK 82, PAGE 225.
21 HAVING A FRONTAGE OF FIFTY (50) FEET ON THE NORTHERLY SIDE OF
22 SPRING STREET, AND EXTENDING BACK OF EVEN WIDTH, BETWEEN RIDGE
23 AVENUE ON THE EAST AND LOT NO. 7 IN SAID BLOCK ON THE WEST, A
24 DISTANCE OF ONE HUNDRED THIRTY-EIGHT AND EIGHTY-SIX HUNDREDTHS
25 (138.86) FEET TO AN ALLEY.
26 AND BEING THE SAME LAND CONVEYED TO THE COMMONWEALTH OF
27 PENNSYLVANIA BY DEED OF JAMES B. WEAVER AND FANNIE F. WEAVER,
28 DATED NOVEMBER 24, 1922, AND RECORDED IN THE OFFICE OF RECORDER
29 OF DEEDS IN AND FOR WESTMORELAND COUNTY, PENNSYLVANIA, IN DEED
30 BOOK 720, PAGE 131.
20020S1448B2423 - 39 -
1 (C) PROCEEDS.--THE PROCEEDS FROM THE SALE OF THE LAND AND
2 ARMORY SHALL BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
3 (D) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
4 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
5 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
6 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
7 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
8 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
9 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
10 THE LAND OR IMPROVEMENTS ERECTED THEREON.
11 (E) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
12 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
13 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
14 (F) ALTERNATE DISPOSITION.--IN THE EVENT THE CONVEYANCE IS
15 NOT EXECUTED WITHIN THREE (3) MONTHS OF THE EFFECTIVE DATE OF
16 THIS ACT, THE DEPARTMENT OF GENERAL SERVICES MAY DISPOSE OF THE
17 PROPERTY IN ACCORDANCE WITH SECTION 2406-A OF ACT OF APRIL 9,
18 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
19 1929.
20 SECTION 7. SCOTTDALE BOROUGH, WESTMORELAND COUNTY.
21 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
22 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
23 VETERANS AFFAIRS, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF
24 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY, AT A PRICE
25 TO BE DETERMINED THROUGH COMPETITIVE BIDDING, THE FOLLOWING
26 TRACT OF LAND TOGETHER WITH ANY BUILDINGS, STRUCTURES OR
27 IMPROVEMENTS THEREON, SITUATE IN SCOTTDALE BOROUGH, WESTMORELAND
28 COUNTY, PENNSYLVANIA.
29 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
30 SUBSECTION (A) CONSISTS OF APPROXIMATELY 0.719-ACRES AND AN
20020S1448B2423 - 40 -
1 ARMORY BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS
2 FOLLOWS:
3 BEGINNING AT A POINT ON THE NORTHEASTERLY CORNER OF THE
4 INTERSECTION OF EDWIN AVENUE AND EVERSON STREET; THENCE ALONG
5 EVERSON STREET NORTH 23 DEGREES 35 MINUTES EAST 177.03 FEET TO A
6 POINT, AT THE INTERSECTION OF EVERSON STREET AND PARK STREET;
7 THENCE ALONG PARK STREET SOUTH 50 DEGREES 37 MINUTES EAST 193.05
8 FEET TO A POINT AT THE INTERSECTION OF PARK STREET AND NORTH
9 BROADWAY; THENCE ALONG NORTH BROADWAY SOUTH 4 DEGREES 58 MINUTES
10 WEST 136.76 FEET TO A POINT AT THE INTERSECTION OF NORTH
11 BROADWAY AND EDWIN AVENUE; THENCE ALONG EDWIN AVENUE NORTH 65
12 DEGREES 08 MINUTES WEST 229.49 FEET TO THE PLACE OF BEGINNING.
13 CONTAINING 0.719-ACRES, MORE OR LESS.
14 (C) PROCEEDS.--THE PROCEEDS FROM THE SALE OF THE LAND AND
15 ARMORY SHALL BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
16 (D) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
17 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
18 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
19 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
20 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
21 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
22 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
23 THE LAND OR IMPROVEMENTS ERECTED THEREON.
24 (E) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
25 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
26 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
27 SECTION 8. BLAIRSVILLE BOROUGH, INDIANA COUNTY.
28 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
29 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
30 VETERANS AFFAIRS, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF
20020S1448B2423 - 41 -
1 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
2 BOROUGH OF BLAIRSVILLE, FOR FAIR MARKET VALUE AS DETERMINED BY
3 INDEPENDENT APPRAISAL, THE BLAIRSVILLE ARMORY SITUATE IN
4 BLAIRSVILLE BOROUGH, INDIANA COUNTY, PENNSYLVANIA, DESCRIBED IN
5 SUBSECTION (B).
6 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
7 SUBSECTION (A) CONSISTS OF APPROXIMATELY 10,370 SQUARE FEET AND
8 AN ARMORY BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS
9 FOLLOWS:
10 TRACT 1
11 BEING A CERTAIN LOT OR PIECE OF GROUND TOGETHER WITH THE TWO
12 (2) STORY BUILDING SITUATE IN THE BOROUGH OF BLAIRSVILLE, COUNTY
13 OF INDIANA AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS
14 FOLLOWS, TO WIT:
15 BEGINNING ON THE WESTERLY SIDE OF WALNUT STREET AT A POINT
16 DISTANT SEVENTY (70) FEET NORTHWARDLY FROM THE NORTH WEST CORNER
17 OF WALNUT AND CAMPBELL STREETS, SAID POINT OF BEGINNING BEING ON
18 THE DIVIDING LINE OF PROPERTY NOW OR LATE OF MRS. SARAH E. LYDA
19 AND PREMISES HEREIN DESCRIBED: THENCE NORTHWARDLY ALONG THE
20 WESTERLY SIDE OF SAID WALNUT STREET EIGHTY-SIX AND FIVE TENTHS
21 (86.5) FEET MORE OR LESS TO THE SOUTHERLY LINE OF NORTH ALLEY;
22 THENCE EXTENDING WESTWARDLY ALONG THE SOUTHERLY LINE OF NORTH
23 ALLEY ONE HUNDRED TWENTY TWO (122) FEET MORE OR LESS TO THE LINE
24 OF PROPERTY NOW OR LATE OF ST. PETER'S EPISCOPAL CHURCH; THENCE
25 SOUTHWARDLY ALONG THE LINE OF SAID CHURCH PROPERTY A DISTANCE OF
26 EIGHTY FIVE AND FOUR TENTHS (85.4) FEET MORE OR LESS TO THE LINE
27 OF LAND NOW OR LATE OF MRS. SARAH E. LYDA; THENCE EASTWARDLY BY
28 LINE OF SAID PROPERTY NOW OR LATE OF MRS. SARAH E. LYDA ONE
29 HUNDRED TWENTY ONE AND ONE TENTH (121.1) FEET MORE OR LESS TO
30 THE WESTERLY LINE OF WALNUT STREET AFORESAID, THE PLACE OF
20020S1448B2423 - 42 -
1 BEGINNING.
2 BEING THE SAME LAND CONVEYED TO THE COMMONWEALTH OF
3 PENNSYLVANIA BY DEED OF SAMUEL W. MILLER AND WILMA F.G. MILLER,
4 DATED MARCH 25TH, 1909 AND RECORDED IN THE RECORDER'S OFFICE OF
5 INDIANA COUNTY, PENNSYLVANIA, MAY 5TH, 1909.
6 (C) PROCEEDS.--THE PROCEEDS FROM THE SALE OF THE LAND AND
7 ARMORY SHALL BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
8 (D) EASEMENT.--THE CONVEYANCE SHALL BE MADE UNDER AND
9 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
10 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
11 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
12 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
13 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
14 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
15 THE LAND OR IMPROVEMENTS ERECTED THEREON.
16 (E) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
17 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
18 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
19 (F) ALTERNATE DISPOSITION.--IN THE EVENT THE CONVEYANCE IS
20 NOT EXECUTED WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE OF THIS
21 ACT, THE DEPARTMENT OF GENERAL SERVICES MAY DISPOSE OF THE
22 PROPERTY IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL
23 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
24 1929.
25 SECTION 9. KUTZTOWN BOROUGH, BERKS COUNTY.
26 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
27 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
28 VETERANS AFFAIRS, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF
29 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
30 BOROUGH OF KUTZTOWN, FOR FAIR CONSIDERATION AS DETERMINED BY
20020S1448B2423 - 43 -
1 INDEPENDENT APPRAISAL, THE APPLE ALLEY GARAGE SITUATE IN
2 KUTZTOWN BOROUGH, BERKS COUNTY, PENNSYLVANIA, DESCRIBED IN
3 SUBSECTION (B).
4 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
5 SUBSECTION (A) CONSISTS OF APPROXIMATELY 1 ACRE SEVEN AND
6 FOURTEEN ONE HUNDREDTHS (7.14) PERCHES AND A MAINTENANCE
7 BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
8 TRACT 1
9 BEING A CERTAIN LOT OR PIECE OF GROUND TOGETHER WITH THE ONE
10 (1) STORY FRAME GARAGE ERECTED THEREON, SITUATE ON THE WESTERN
11 SIDE OF PENNSYLVANIA AVENUE BETWEEN NORMAL AVENUE AND SANDER
12 ALLEY, IN THE BOROUGH OF KUTZTOWN, COUNTY OF BERKS AND STATE OF
13 PENNSYLVANIA, BOUNDED ON THE NORTH BY PROPERTY BELONGING TO THE
14 ESTATE OF DAVID ADAM, DECEASED, ON THE EAST BY RESIDUE PORTION
15 OF PENNSYLVANIA AVENUE (UNOPENED), ON THE SOUTH BY PROPERTY
16 BELONGING TO GEORGE T. DEIBERT, AND ON THE WEST BY A TWENTY (20)
17 FEET WIDE ALLEY KNOWN AS APPLE ALLEY, AND BEING MORE FULLY
18 BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
19 BEGINNING AT A CORNER MARKED BY AN IRON PIN IN PENNSYLVANIA
20 AVENUE, A DISTANCE OF ONE HUNDRED SIXTY FEET (160') NORTHWARDLY
21 FROM THE NORTHERN TOPOGRAPHICAL BUILDING LINE OF NORMAL AVENUE,
22 THENCE LEAVING THE AFORESAID PENNSYLVANIA AVENUE, PASSING
23 THROUGH A MARBLE STONE ON THE WESTERN TOPOGRAPHICAL BUILDING
24 LINE OF SAME, THIRTY TWO FEET ONE EIGHTH INCH (32' 0-1/8") FROM
25 THE LAST DESCRIBED CORNER AND MAKING AN INTERIOR ANGLE OF NINETY
26 DEGREES EIGHT MINUTES (90 DEGREES 08') WITH THE AFORESAID
27 PENNSYLVANIA AVENUE, A DISTANCE OF ONE HUNDRED NINETY TWO FEET
28 (192') TO A CORNER MARKED BY A MARBLE STONE ON THE EASTERN SIDE
29 OF A TWENTY (20) FEET WIDE ALLEY KNOWN AS APPLE ALLEY; THENCE IN
30 A NORTHERLY DIRECTION LOCATION SAME, MAKING AN INTERIOR ANGLE OF
20020S1448B2423 - 44 -
1 EIGHTY NINE DEGREES FIFTY TWO MINUTES (89 DEGREES 52') WITH THE
2 LAST DESCRIBED LINE, A DISTANCE OF TWO HUNDRED THIRTY SEVEN FEET
3 (237') TO A CORNER MARKED BY A MARBLE STONE; THENCE LEAVING AND
4 MAKING AN INTERIOR ANGLE OF NINETY DEGREES EIGHT MINUTES (90
5 DEGREES 08') WITH AFORESAID APPLE ALLEY AND IN AN EASTERLY
6 DIRECTION ALONG PROPERTY BELONGING TO THE ESTATE OF DAVID ADAM,
7 DECEASED, PASSING THROUGH A MARBLE STONE ON THE WESTERN
8 TOPOGRAPHICAL BUILDING LINE OF THE AFORESAID PENNSYLVANIA
9 AVENUE, THIRTY TWO FEET ONE EIGHTH INCH (32' 0-1/8TH") FROM THE
10 NEXT DESCRIBED CORNER, A DISTANCE OF ONE HUNDRED NINETY TWO FEET
11 (192') TO A CORNER MARKED BY AN IRON PIN IN THE AFORESAID
12 PENNSYLVANIA AVENUE; THENCE IN AND ALONG SAME IN A SOUTHERLY
13 DIRECTION, MAKING AN INTERIOR ANGLE OF EIGHTY NINE DEGREES FIFTY
14 TWO MINUTES (89 DEGREES 52') WITH THE LAST DESCRIBED LINE, A
15 DISTANCE OF TWO HUNDRED THIRTY SEVEN FEET (237') TO THE PLACE OF
16 BEGINNING. CONTAINING ONE (1) ACRE SEVEN AND FOURTEEN ONE
17 HUNDREDTHS (7.14) PERCHES.
18 BEING THE SAME PREMISES WHICH PERCY H. KEODINGER, SINGLEMAN,
19 BY HIS DEED DATED SEPTEMBER 13, 1948, AND ABOUT TO BE RECORDED
20 IN THE OFFICE OF THE RECORDER OF DEEDS OF BERKS COUNTY,
21 PENNSYLVANIA, GRANTED AND CONVEYED UNTO BOROUGH OF KUTZTOWN,
22 PARTY HERETO, AND BEING DELINEATED ON BLUE PRINT ATTACHED TO
23 THIS DEED AND MADE A PART HEREOF.
24 (C) PROCEEDS.--THE PROCEEDS FROM THE SALE OF THE LAND AND
25 ARMORY SHALL BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
26 (D) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
27 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
28 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
29 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
30 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
20020S1448B2423 - 45 -
1 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
2 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
3 THE LAND OR IMPROVEMENTS ERECTED THEREON.
4 (E) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
5 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
6 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
7 (F) ALTERNATE DISPOSITION.--IN THE EVENT THE CONVEYANCE IS
8 NOT EXECUTED WITHIN THREE (3) MONTHS OF THE EFFECTIVE DATE OF
9 THIS ACT, THE DEPARTMENT OF GENERAL SERVICES MAY DISPOSE OF THE
10 PROPERTY IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL
11 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
12 1929.
13 SECTION 10. MEDIA BOROUGH, DELAWARE COUNTY.
14 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
15 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF MILITARY AND
16 VETERANS AFFAIRS, IS HEREBY AUTHORIZED ON BEHALF OF THE
17 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE BOROUGH
18 OF MEDIA, CERTAIN LAND AND IMPROVEMENTS THEREON KNOWN AS THE
19 NATIONAL GUARD ARMORY DESCRIBED IN SUBSECTION (B) FOR FAIR
20 CONSIDERATION AS DETERMINED BY INDEPENDENT APPRAISAL.
21 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED IS A TRACT OF
22 LAND TOGETHER WITH IMPROVEMENTS THEREON SITUATE IN THE BOROUGH
23 OF MEDIA, DELAWARE COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED
24 AS FOLLOWS:
25 ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE SOUTHWESTERN
26 CORNER OF STATE AND CHURCH STREETS, CONTAINING IN FRONT OR
27 BREADTH ON THE SAID STATE STREET, ONE HUNDRED (100) FEET AND
28 EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH SOUTHWARDLY ONE
29 HUNDRED AND FIFTY (150) FEET TO THE NORTHERLY SIDE OF BAKER
30 STREET (THIRTY FEET WIDE) TOGETHER WITH THE RIGHT AND USE OF
20020S1448B2423 - 46 -
1 SAID BAKER STREET IN COMMON WITH THE OWNERS OF THE OTHER LAND
2 ABUTTING THEREON.
3 THIS PROPERTY BEING IDENTIFIED AS TAX MAP NO. 26-04-560.00
4 BEING THE SAME PROPERTY THAT JAMES A. MCDOWELL ET. AL. AS
5 TRUSTEES OF THE FIRST METHODIST EPISCOPAL CHURCH OF MEDIA, BY
6 THEIR DEED DATED NOVEMBER 7, 1907, AND RECORDED IN THE DELAWARE
7 COUNTY RECORDER OF DEEDS OFFICE IN DEED BOOK S-12, PAGE 31,
8 GRANTED AND CONVEYED UNTO THE COMMONWEALTH OF PENNSYLVANIA.
9 (C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
10 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
11 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
12 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
13 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
14 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
15 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
16 THE LAND OR IMPROVEMENTS ERECTED THEREON.
17 (D) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
18 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
19 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
20 (E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
21 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
22 (F) PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL BE DEPOSITED
23 IN THE STATE TREASURY ARMORY FUND.
24 (G) ALTERNATE DISPOSITION.--IN THE EVENT THE CONVEYANCE IS
25 NOT EXECUTED WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE OF THIS
26 ACT, THE DEPARTMENT OF GENERAL SERVICES MAY DISPOSE OF THE
27 PROPERTY IN ACCORDANCE WITH SECTION 2406-A OF THE ACT OF APRIL
28 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
29 1929.
30 SECTION 11. PENN FOREST TOWNSHIP, CARBON COUNTY.
20020S1448B2423 - 47 -
1 (A) AUTHORIZATION.--PURSUANT TO THE REQUIREMENTS OF SECTION
2 20(B) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.131, NO.8),
3 KNOWN AS THE PROJECT 70 LAND ACQUISITION AND BORROWING ACT, THE
4 GENERAL ASSEMBLY HEREBY AUTHORIZES THE RELEASE OF PROJECT 70
5 RESTRICTIONS ON A PORTION OF LANDS OWNED BY THE LEHIGHTON WATER
6 AUTHORITY, WHICH ARE MORE PARTICULARLY DESCRIBED IN SUBSECTION
7 (C). THIS RELEASE OF PROJECT 70 RESTRICTIONS IS IN CONSIDERATION
8 OF THE FACT THAT RECORDS INDICATE THAT THE LAND DESCRIBED IN
9 SUBSECTION (C) IS TO PROVIDE A RIGHT-OF-WAY ACCESS THAT WAS
10 INADVERTENTLY NOT PROVIDED AT THE TIME OF THE PROJECT 70
11 ACQUISITION.
12 (B) FREEDOM OF RESTRICTIONS.--THE LANDS DESCRIBED IN
13 SUBSECTION (C) SHALL BE FREE OF RESTRICTIONS ON USE AND
14 ALIENATION IMPOSED BY THE PROJECT 70 LAND ACQUISITION AND
15 BORROWING ACT.
16 (C) LAND TO BE RELEASED FROM RESTRICTIONS.--THE SECTION OF
17 THE LAND TO BE RELEASED FROM PROJECT 70 RESTRICTIONS IS SITUATED
18 IN THE TOWNSHIP OF PENN FOREST, CARBON COUNTY AND MORE
19 PARTICULARLY DESCRIBED AS FOLLOWS:
20 ALL THAT CERTAIN ACCESS RIGHT-OF-WAY SITUATED IN THE TOWNSHIP
21 OF PENN FOREST, COUNTY OF CARBON, COMMONWEALTH OF PENNSYLVANIA,
22 BOUND AND DESCRIBED AS FOLLOWS TO WIT:
23 BEGINNING AT A POINT IN THE CENTERLINE OF S.R. 903, SAID
24 POINT BEING A COMMON CORNER OF LANDS OF THE LEHIGHTON WATER
25 AUTHORITY; THENCE LEAVING SAID CENTERLINE OF S.R. 903 AND
26 THROUGH SAID LANDS OF THE LEHIGHTON WATER AUTHORITY, SOUTH 49
27 DEGREES 37 MINUTES 28 SECONDS EAST (PASSING THROUGH A PIN AT
28 27.58 FEET AND 1008.94 FEET) TO A SET PIN; THENCE CONTINUING
29 THROUGH SAID LANDS OF THE LEHIGHTON WATER AUTHORITY, SOUTH 29
30 DEGREES 49 MINUTES 10 SECONDS EAST 53.49 FEET TO A SET PIN;
20020S1448B2423 - 48 -
1 THENCE CONTINUING THROUGH SAID LANDS OF THE LEHIGHTON WATER
2 AUTHORITY, SOUTH 60 DEGREES 10 MINUTES 50 SECONDS WEST 20.00
3 FEET TO A SET PIN IN LINE OF LANDS OF JOHN A. WARGO, ET AL.
4 "APOLLO ASSOCIATES"; THENCE BY SAID LANDS OF JOHN A. WARGO ET
5 AL. "APOLLO ASSOCIATES"; NORTH 29 DEGREES 49 MINUTES 10 SECONDS
6 WEST 50.00 FEET TO A CONCRETE MONUMENT, SAID CORNER BEING A
7 COMMON CORNER WITH LANDS OF THOMAS HILLER; THENCE PARTLY BY SAID
8 LANDS OF THOMAS HILLER AND PARTLY BY LANDS OF GEORGE D. HILLER,
9 NORTH 49 DEGREES 37 MINUTES 28 SECONDS WEST (PASSING THROUGH A
10 CONCRETE MONUMENT AT 988.15 FEET) 1019.33 FEET TO A POINT IN THE
11 AFOREMENTIONED CENTERLINE OF S.R. 903; THENCE ALONG SAID
12 CENTERLINE OF S.R. 903, NORTH 50 DEGREES 34 MINUTES 27 SECONDS
13 EAST 20.32 FEET TO THE PLACE OF BEGINNING.
14 CONTAINING 0.4917 ACRES (21,420.45 S.F.) OF LAND. BEING THAT
15 20 FEET WIDE ACCESS RIGHT-OF-WAY, AS SHOWN HEREON, DATED MAY 27,
16 2002.
17 SAID DESCRIBED ACCESS RIGHT-OF-WAY IS TO PROVIDE ACCESS TO
18 THE "APOLLO" PROPERTY AND WOULD REPLACE AND CORRECT THE
19 DESCRIPTION RECORDED IN DEED BOOK VOLUME 333, PAGE 782.
20 SECTION 12. REPEAL.
21 SECTION 3 OF THE ACT OF JUNE 22, 2000 (P.L.447, NO.60),
22 ENTITLED "AN ACT AUTHORIZING AND DIRECTING THE DEPARTMENT OF
23 GENERAL SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT
24 AND CONVEY OIL, GAS AND MINERAL RIGHTS, INCLUDING COAL, THAT THE
25 COMMONWEALTH POSSESSES IN A CERTAIN PARCEL OF LAND SITUATE IN
26 CANAAN TOWNSHIP, WAYNE COUNTY, PENNSYLVANIA, TO THE UNITED
27 STATES OF AMERICA AND RELEASING CERTAIN RESTRICTIONS ON THAT
28 LAND; AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
29 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO SELL AND CONVEY
30 TO WARREN COUNTY CONSERVATION DISTRICT A CERTAIN TRACT OF LAND
20020S1448B2423 - 49 -
1 SITUATE IN THE TOWNSHIP OF GLADE, WARREN COUNTY, PENNSYLVANIA;
2 AND AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL
3 SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT
4 OF MILITARY AND VETERANS AFFAIRS, TO SELL AND CONVEY TO MEDIA
5 BOROUGH A CERTAIN TRACT OF LAND SITUATE IN MEDIA BOROUGH,
6 DELAWARE COUNTY, PENNSYLVANIA," IS REPEALED.
7 SECTION 13. EFFECTIVE DATE.
8 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
D23L85DMS/20020S1448B2423 - 50 -