PRIOR PRINTER'S NOS. 1467, 2185 PRINTER'S NO. 2328
No. 1178 Session of 1999
INTRODUCED BY KASUNIC, NOVEMBER 8, 1999
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 21, 2000
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to grant and convey to Somerset
3 County Conservancy Charitable Trust, certain lands situate in
4 Somerset Township, Somerset County; authorizing the
5 Department of General Services, with the approval of the
6 Governor, to quitclaim to Rush Township a tract of land
7 situate in Rush Township, Centre County; authorizing the
8 Department of General Services, with the approval of the
9 Governor, to grant and convey to Huston Township Sewer
10 Authority, certain lands situate in Huston Township,
11 Clearfield County; authorizing the Department of General
12 Services, with the approval of the Governor, to grant and
13 convey to Mt. Rock United Methodist Church, certain lands
14 situate in West Pennsboro Township, Cumberland County;
15 authorizing the Department of General Services, with the
16 approval of the Governor, to convey a tract of land in the
17 Borough of Selinsgrove, Snyder County, to the Eastern Snyder
18 County Regional Authority in exchange for another tract of
19 land in the Borough of Selinsgrove, Snyder County;
20 authorizing and directing the Department of General Services,
21 with the approval of the Governor, to grant and convey to
22 Snyder County certain lands situate in Penn Township; and <--
23 authorizing the Department of General Services, with the
24 approval of the Governor and the Department of Conservation
25 and Natural Resources, to amend the use restriction and
26 reversionary covenant on the real estate conveyed to Hartley
27 Township, situate in Hartley Township, Union County; <--
28 AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES,
29 WITH THE APPROVAL OF THE GOVERNOR, TO CONVEY TO THE POCONO
30 MOUNTAINS MUNICIPAL AIRPORT AUTHORITY CERTAIN PROPERTY
31 LOCATED IN COOLBAUGH TOWNSHIP, MONROE COUNTY, WHICH IS PART
32 OF THE FACILITY FORMERLY KNOWN AS THE MOUNT POCONO AIRPORT,
33 AND NOW KNOWN AS THE POCONO MOUNTAINS MUNICIPAL AIRPORT;
1 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
2 APPROVAL OF THE GOVERNOR AND OF THE PENNSYLVANIA HISTORICAL
3 AND MUSEUM COMMISSION, TO SELL AND CONVEY TO THE COUNTY OF
4 FAYETTE, A CERTAIN TRACT OF LAND AND RIGHT-OF-WAY SITUATE IN
5 WHARTON TOWNSHIP, FAYETTE COUNTY, PENNSYLVANIA; AUTHORIZING
6 AND DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR AND DEPARTMENT OF TRANSPORTATION, TO
8 SELL AND CONVEY TO THE BOROUGH OF HOLLIDAYSBURG CERTAIN LAND
9 SITUATE IN THE BOROUGH OF HOLLIDAYSBURG, BLAIR COUNTY,
10 PENNSYLVANIA; AUTHORIZING AND DIRECTING THE STATE ARMORY
11 BOARD OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS AND
12 THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
13 GOVERNOR, TO CONVEY TO THE HUNTINGDON AREA SCHOOL DISTRICT
14 CERTAIN LAND SITUATE IN HUNTINGDON BOROUGH, HUNTINGDON
15 COUNTY, PENNSYLVANIA; AND AUTHORIZING AND DIRECTING THE
16 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
17 GOVERNOR, TO GRANT AND CONVEY TO PHILADELPHIA SUBURBAN WATER
18 COMPANY, CERTAIN LANDS SITUATE IN WEST BRADFORD TOWNSHIP AND
19 NEWLIN TOWNSHIP, CHESTER COUNTY, AND AUTHORIZING AND
20 DIRECTING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
21 APPROVAL OF THE GOVERNOR, TO RELEASE A USE RESTRICTION AND
22 REVERSIONARY COVENANT ON A PORTION, 1.5-ACRES, OF THE LANDS
23 CONVEYED TO CHESTER COUNTY UNDER ACT 5 OF 1988.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Lands in Somerset Township, Somerset County.
27 (a) Authorization.--The Department of General Services, with
28 the approval of the Governor, is hereby authorized on behalf of
29 the Commonwealth of Pennsylvania to grant and convey to Somerset
30 County Conservancy Charitable Trust certain lands on the grounds
31 of the former Somerset State Farm described in subsection (b)
32 for fair market value as determined by an independent appraiser.
33 (b) Description.--The property to be conveyed under
34 subsection (a) consists of approximately 266 acres bounded and
35 more particularly described as follows:
36 BEGINNING at a corner, a 3/4-inch rebar with plastic cap, the
37 corner being the southwesterly corner of lands formerly of
38 Snyder, now of the Pennsylvania Turnpike Commission, the corner
39 also being at right angles to, southerly and 639.17 feet distant
40 from Turnpike Centerline station 777+37.90;
41 Thence, south 44 degrees 59 minutes 00 seconds east, 1331.65
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1 feet to a corner;
2 Thence, south 44 degrees 46 minutes 00 seconds east, 1856.53
3 feet to a corner;
4 Thence, south 03 degrees 39 minutes 00 seconds east, 2016.58
5 feet to a corner;
6 Thence, south 63 degrees 04 minutes 00 seconds west, 493.24
7 feet to a corner;
8 Thence, south 34 degrees 13 minutes 00 seconds west, 340.05
9 feet to a corner;
10 Thence, north 50 degrees 19 minutes 05 seconds west, 3841.90
11 feet to a corner;
12 Thence, south 88 degrees 31 minutes 58 seconds west, 871.14
13 feet to a corner;
14 Thence, north 05 degrees 18 minutes 00 seconds west, 760.84
15 feet to a corner;
16 Thence, north 19 degrees 51 minutes 30 seconds east, 1645.23
17 feet to a corner, the corner being at right angles to and
18 1300.00 feet distant from Turnpike Centerline station 762+88.05;
19 Thence by a line parallel to and 1300.00 feet distant
20 southerly from the Centerline of the Pennsylvania Turnpike south
21 66 degrees 58 minutes 50 seconds east, 282.10 feet to a corner,
22 the corner being on the easterly legal right-of-way line for
23 limited access of PA Route 219 northbound;
24 Thence, by the parallel line 1300 feet distant from the
25 Turnpike Centerline south 66 degrees 58 minutes 50 seconds east,
26 329.85 feet to a point, a 3/4-inch rebar with cap, at right
27 angles to and 1300.00 feet distant from Turnpike Centerline
28 station 679+00.00;
29 Thence, by the parallel line 1300 feet distant from the
30 Turnpike Centerline south 66 degrees 58 minutes 50 seconds east,
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1 752.88 feet to a corner, a 3/4-inch rebar with cap, at right
2 angles to and 1300.00 feet distant from Turnpike Centerline
3 station 776+52.88;
4 Thence, north 30 degrees 21 minutes 00 seconds east, 666.28
5 feet to the point and place of BEGINNING.
6 CONTAINING 266.0512 acres, more or less.
7 (c) Easements.--The conveyance shall be made under and
8 subject to all lawful and enforceable easements, servitudes and
9 rights of others, including, but not confined to, streets,
10 roadways and rights of any telephone, telegraph, water,
11 electric, gas or pipeline companies, as well as under and
12 subject to any lawful and enforceable estates or tenancies
13 vested in third persons appearing of record, for any portion of
14 the land or improvements erected thereon.
15 (d) Restrictions.--The deed of conveyance shall contain the
16 following clauses:
17 EXCEPTING AND RESERVING unto the Grantor, its successors and
18 assigns, all timber, oil, gas and mineral rights. It is the
19 mutual intent of, and agreement between, the Grantor and
20 Grantee, and their respective successors and assigns, that the
21 above-described property shall remain in a substantially
22 natural, forested condition so as to promote natural and
23 recreational activities and experiences. Therefore, strip mining
24 or other mining activities by the Grantee or its successors are
25 expressly prohibited. The Grantor, its successors, assigns,
26 contractors and/or purchasers, shall not exercise its timber,
27 oil, gas or mineral rights hereby reserved and excepted without
28 first obtaining the written consent of the Grantee, or its
29 successors, which consent shall not be unreasonably withheld.
30 The Grantee, or its successors, are permitted to cut or remove a
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1 reasonable amount of timber or trees, otherwise hereby excepted
2 and reserved by the Grantor, for the purpose of constructing one
3 right-of-way access through the property, the right-of-way not
4 to exceed 30 feet in width. The Grantee, or its successors, are
5 also permitted to cut or remove a reasonable amount of timber or
6 trees, otherwise hereby excepted and reserved by the Grantor,
7 for the purpose of constructing a headquarters for the Grantee,
8 or its successors, the area not to exceed one acre. Any proceeds
9 derived by the Grantee or any third parties from the sale of
10 timber or trees removed for the right-of-way or headquarters
11 which, if sold, shall be sold at fair market value, shall be
12 paid to the Grantor.
13 UNDER AND SUBJECT to the condition that the lands conveyed
14 herein shall be used for agricultural/open space purposes only
15 in accordance with the provisions of the act of January 19, 1968
16 (1967 P.L.992, No.442), entitled "An act authorizing the
17 Commonwealth of Pennsylvania and the local government units
18 thereof to preserve, acquire or hold land for open space uses."
19 Should the Grantee allow the lands conveyed to be used for any
20 other purpose, or attempts to convey the premises, title shall
21 immediately revert to and revest in the Grantor. However, the
22 Grantor and Grantee, for their successors and assigns, agree
23 that should the Grantee, or its successors, dissolve or cease to
24 remain in existence, then the Grantee, or its successors, may
25 allow title to the above-described real estate to be conveyed to
26 a successor organization that has the same objectives, purposes
27 and goals as the Grantee, the conveyance to be subject to the
28 other covenants and restrictions set forth in this deed.
29 (e) Execution.--The deed of conveyance shall be by special
30 warranty deed and shall be executed by the Secretary of General
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1 Services in the name of the Commonwealth of Pennsylvania.
2 (f) Costs.--Costs and fees incidental to this conveyance
3 shall be borne by the Grantee.
4 (g) Alternate disposition.--In the event that this
5 conveyance is not executed within 12 months of the effective
6 date of this act, the property may be disposed of under section
7 2406-A of the act of April 9, 1929 (P.L.177, No.175), known as
8 The Administrative Code of 1929.
9 Section 2. Lands in Rush Township, Centre County.
10 (a) Authorization.--The Department of General Services, with
11 the approval of the Governor and the Secretary of Public
12 Welfare, is hereby authorized to convey to Rush Township certain
13 land described in subsection (b) for one dollar.
14 (b) Description.--The property to be conveyed pursuant to
15 subsection (a) consists of 0.6013 acres of land, more or less,
16 situate in Rush Township, Centre County, Pennsylvania bounded
17 and described as follows:
18 ALL THAT CERTAIN piece or parcel of land situated in the
19 Township of Rush, County of Centre and State of Pennsylvania,
20 bounded and described as follows:
21 BEGINNING at an iron pipe located on the East side of Logan
22 Street. Said point is also the Northwest corner of, now or
23 formerly, Pennsylvania Electric Co.; thence along said Road,
24 North 27 degrees, 03 minutes East, one hundred thirty-three and
25 ninety-six hundredth feet (133.96) to an iron pin corner located
26 on the South side of Davis Street; thence along said Davis
27 Street, South 68 degrees, 27 minutes, 35 seconds East, one
28 hundred fifty feet (150.0) to an iron pin located on the West
29 side of an existing dirt alley; thence along said alley, South
30 27 degrees, 01 minute, 05 seconds West, two hundred sixteen and
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1 seventy-seven hundredths feet (216.77) to an iron pin and also
2 the Northeast corner of, now or formerly, Pennsylvania Electric
3 Co.; thence along lands of same, North 38 degrees, 21 minutes
4 West, one hundred sixty-four and thirty-four hundredths feet
5 (164.34) to an iron pin and place of beginning.
6 CONTAINING 0.6013 acre and being Tax Parcel No. 05-26B019 on
7 Rush Township, Centre County Tax Map.
8 (c) Easements.--The conveyance authorized by this section
9 shall be made under and subject to all lawful and enforceable
10 easements, servitudes and rights of others, including, but not
11 confined to streets, roadways and rights of any telephone,
12 telegraph, cable, water, electric, sewer, gas or pipeline
13 companies, as well as under the subject to any lawful and
14 enforceable interest, estates or tenancies vested in third
15 persons, appearing of record, for any portion of the land or
16 improvements erected thereon.
17 (d) Execution.--The Deed of Conveyance authorized by this
18 section shall be a quitclaim deed and shall be approved as
19 provided by law and shall be executed by the Secretary of
20 General Services in the name of the Commonwealth of
21 Pennsylvania.
22 (e) Costs.--Cost and fees incidental to the conveyance
23 authorized by this section shall be borne by the Grantees.
24 Section 3. Lands in Huston Township, Clearfield County.
25 (a) Authorization.--The Department of General Services, with
26 the approval of the Department of Conservation and Natural
27 Resources and the Governor, is hereby authorized on behalf of
28 the Commonwealth of Pennsylvania to grant and convey to the
29 Huston Township Sewer Authority 41.45 acres more or less with
30 improvements described in subsection (b) for fair market value
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1 as determined by independent appraisal.
2 (b) Description.--The property to be conveyed pursuant to
3 subsection (a) consists of approximately 41.45 acres more or
4 less with improvements SITUATE IN HUSTON TOWNSHIP, CLEARFIELD <--
5 COUNTY, bounded and more particularly described as follows:
6 BEGINNING, at a point in the lands also a corner of lands now
7 or formerly of Sam Stammero; Thence, North 79 degrees 44 minutes
8 East along said Stammero lands a distance of 125 feet to a
9 point; THENCE, North 10 degrees 16 minutes West along said
10 Stammero, a distance of 323.48 feet to a point in the southerly
11 right of way line of U.S. Route 225 (L.R.412); THENCE, along
12 said Highway, North 79 degrees 51 minutes East a distance of 414
13 feet to a corner of lands now or formerly of the Friday Estate;
14 THENCE, South 9 degrees 31 minutes East a distance of 164 feet
15 to an iron pin; THENCE, North 80 degrees 43 minutes East a
16 distance of 211.85 feet to an iron pin; North 23 degrees 44
17 minutes East a distance of 143 feet to the southerly edge of
18 said Highway right of way; THENCE, South 86 degrees 52 minutes
19 East a distance of 481 feet along said Highway; THENCE, North 86
20 degrees 16 minutes East a distance of 244 feet to a point
21 intersecting the centerline of State Highway, L.R. 17142 at its
22 intersection with U.S. Route 255; THENCE, South 22 degrees 24
23 minutes East, along said centerline of L.R.17142, a distance of
24 339 feet to a point; THENCE, through lands of The New Shawmut
25 Mining Company, South 60 degrees 14 minutes West distance of 745
26 feet to a point; THENCE, South 1 degree 48 minutes East a
27 distance of 520 feet to a point in the centerline of the
28 Baltimore & Ohio Railroad right of way; THENCE, By the same
29 course, South 1 degree 48 minutes a distance of 487 feet to a
30 point on the southerly side of Bennetts Run; THENCE, South 74
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1 degrees 44 minutes West a distance of 763 feet to a point;
2 THENCE, North 10 degrees 16 minutes West a distance of 666 feet
3 to a point in the centerline of said railroad; THENCE, by the
4 same course, North 10 degrees 16 minutes West a distance of
5 842.5 feet to the point and place of beginning.
6 CONTAINING 41.45 acres, more or less.
7 (c) Easements.--The conveyance shall be made under and
8 subject to all lawful and enforceable easements, servitudes and
9 rights of others, including, but not confined to streets,
10 roadways and rights of any telephone, telegraph, water,
11 electric, gas or pipeline companies, as well as under and
12 subject to any lawful and enforceable estates or tenancies
13 vested in third persons appearing of record, for any portion of
14 the land or improvements erected thereon.
15 (d) Execution.--The deed of conveyance shall be by Special
16 Warranty Deed and shall be executed by the Secretary of General
17 Services in the name of the Commonwealth of Pennsylvania.
18 Covenants, conditions and restrictions as they appear in article
19 (13), Agreement of Sale, by and between the Commonwealth of
20 Pennsylvania and Huston Township Sewer Authority shall be
21 contained in the deed of conveyance. Said article (13)
22 stipulates a portion of the premises will be dedicated to the
23 exclusive use by the Department of Conservation and Natural
24 Resources, Bureau of Topographic and Geologic Survey in
25 perpetuity.
26 (e) Costs.--Costs and fees incidental to this conveyance
27 shall be borne by the Grantee.
28 (f) Alternate disposition.--In the event that this
29 conveyance is not executed within 12 months of the effective
30 date of this act, the property may be disposed of in accordance
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1 with Article 2406-A of the act of April 9, 1929 (P.L.177,
2 No.175), known as The Administrative Code of 1929.
3 Section 4. Lands in West Pennsboro Township, Cumberland County.
4 (a) Authorization.--The Department of General Services, with
5 the approval of the Governor, is hereby authorized on behalf of
6 the Commonwealth of Pennsylvania to grant and convey to the Mt.
7 Rock United Methodist Church, for fair consideration equal to
8 the fair market value as determined by an independent appraisal,
9 the tract of land described in subsection (b).
10 (b) Description.--The property to be conveyed pursuant to
11 subsection (a) is the following tract SITUATE IN WEST PENNSBORO <--
12 TOWNSHIP, CUMBERLAND COUNTY, bounded and more particularly
13 described as follows:
14 BEGINNING, at a point in the center of the Harrisburg,
15 Carlisle and Chambersburg Turnpike (U.S. Route 11). Thence by
16 the graveyard and church lot of the Evangelical Church in direct
17 line North two hundred and forty-six (246) feet, thence
18 continuing in a direct line North by land now or formerly of
19 John Barrick fifteen (15) feet to a point, thence by direct line
20 westward by land now or formerly of Joseph Bosler & Sarah
21 Bosler, his wife, forty (40) feet to a point, thence in a direct
22 line southward by land of the same two hundred and sixty-one
23 (261) feet to the center of said Turnpike, thence in a direct
24 line Eastward along the center of said turnpike forty (40) feet
25 to a point; the place of beginning, containing ten thousand four
26 hundred and forty (10,440) square feet, more or less.
27 (c) Easements.--The conveyance shall be made under and
28 subject to all lawful and enforceable easements, servitudes and
29 rights of others, including, but not confined to streets,
30 roadways and rights of any telephone, telegraph, water,
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1 electric, gas or pipeline companies, as well as under and
2 subject to any lawful and enforceable estates or tenancies
3 vested in third persons appearing of record, for any portion of
4 the land or improvements erected thereon.
5 (d) Execution.--The deed of conveyance shall be executed by
6 the Secretary of General Services in the name of the
7 Commonwealth of Pennsylvania.
8 (e) Monument.--The Grantee shall maintain the existing
9 monument to Governor Ritner and shall allow public access to the
10 monument.
11 (f) Costs.--Costs and fees incidental to this conveyance
12 shall be borne by the Grantee.
13 Section 5. Conveyance to Eastern Snyder County Regional
14 Authority.
15 (a) The Department of General Services, with the approval of
16 the Governor, is hereby authorized and directed to convey to the
17 Eastern Snyder County Regional Authority the tract of land
18 described in subsection (b), in exchange for the tract of land
19 described in subsection (c).
20 (b) All that certain tract or parcel of land situate in the
21 Borough of Selinsgrove, Snyder County, Pennsylvania, being
22 bounded and described as follows:
23 BEGINNING at a point on the Northern right-of-way line of
24 Sandhill Road, said point being in the center of the described
25 30-foot wide easement;
26 1. Thence thru the lands of the Commonwealth of Pennsylvania
27 North forty degrees twenty-nine minutes East a distance
28 of fifty-eight and seventy-nine hundredths feet to a
29 point;
30 2. Thence thru the same North ten degrees twenty-nine
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1 minutes East a distance of one hundred thirty-four and
2 seventy-eight hundredths feet to a point;
3 3. Thence thru the same North forty degrees twenty-nine
4 minutes East a distance of four hundred ninety-six feet
5 to a point at the end of said easement.
6 (c) All that certain tract or parcel of land situate in the
7 Borough of Selinsgrove, Snyder County, Pennsylvania, being
8 bounded and described as follows:
9 BEGINNING at a point on the Northerly right-of-way line of
10 Sandhill Road. Said point being a distance of twenty-seven and
11 thirty hundredths feet and measured in a Easterly direction
12 along said Northerly right-of-way line from the intersection of
13 said right-of-way line with the Westerly line of property of the
14 Commonwealth of Pennsylvania.
15 1. Thence North eleven degrees, eleven minutes, sixteen
16 seconds East a distance of three hundred twenty-six and
17 ninety-five hundredths feet to an existing manhole.
18 2. Thence South seventy-eight degrees, fifty-one minutes,
19 twenty-nine seconds East a distance of three hundred
20 seventeen and fifty-seven hundredths feet to an existing
21 manhole.
22 3. Thence North eighty-six degrees, four minutes, thirty-one
23 seconds East a distance of seventy-six and five
24 hundredths feet to an existing manhole.
25 4. Thence North thirty-six degrees, fifty-one minutes,
26 forty-four seconds East a distance of one hundred eighty-
27 six feet to a point located South thirty-six degrees,
28 fifty-one minutes, forty-four seconds West twelve feet
29 from an existing manhole.
30 The above described right-of-way is thirty feet wide. Fifteen
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1 feet on each side of the existing sewer line with the exception
2 of line number 2 where the right-of-way is ten feet on the South
3 side and fifteen feet on the North side. Being part of the same
4 right-of-way as described in Deed Book 144, Page 312.
5 (d) The deed of conveyance shall be approved as provided by
6 law and shall be executed by the Department of General Services
7 in the name of the Commonwealth.
8 (e) The costs and fees incidental to this conveyance shall
9 be borne by the grantee.
10 Section 6. Conveyance to Synder County.
11 (a) The Department of General Services, with the approval of
12 the Governor, is hereby authorized and directed on behalf of the
13 Commonwealth of Pennsylvania to grant and convey to Snyder
14 County certain land described in subsection (b) for fair market
15 value as determined by independent appraisal.
16 (b) The property to be conveyed pursuant to subsection (a)
17 consists of approximately 7 acres SITUATE IN PENN TOWNSHIP, <--
18 SNYDER COUNTY, bounded and more particularly described as
19 follows:
20 Beginning at a found iron spike in the centerline of State
21 Route 1010 (Old Colony Road - formerly Legislative Route 54068);
22 said iron spike marking the southeasterly corner of other land
23 now or formerly of Snyder County. Thence along said other land
24 now or formerly of Snyder County, the following 5 courses and
25 distances:
26 (1) N 45 degrees 45 minutes 00 seconds W a distance of
27 247.34 feet to a point;
28 (2) N 26 degrees 08 minutes 40 seconds W a distance of
29 315.10 feet to a found iron pin;
30 (3) S 81 degrees 18 minutes 00 seconds W a distance of
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1 339.28 feet to a point:
2 (4) S 00 degrees 33 minutes 10 seconds E a distance of
3 207.42 feet to a found iron pin; and
4 (5) S 15 degrees 14 minutes 00 seconds E a distance of
5 345.87 feet to a point in the centerline of aforesaid State
6 Route 1010.
7 Thence through land of the Commonwealth of Pennsylvania, of
8 which the land herein described is a part, the following 7
9 courses and distances:
10 (1) S 65 degrees 39 minutes 10 seconds W a distance of
11 10.99 feet, to a set nail in the centerline of said State
12 Route 1010;
13 (2) N 26 degrees 06 minutes 10 seconds W, passing
14 through a set iron pin at a distance of 16.51 feet, a total
15 distance of 708.31 feet to a set iron pin;
16 (3) N 87 degrees 03 minutes 40 seconds E a distance of
17 555.08 feet to a set iron pin;
18 (4) S 84 degrees 24 minutes 50 seconds E a distance of
19 583.16 feet to a set iron pin;
20 (5) S 06 degrees 39 minutes 00 seconds W, passing
21 through a set iron pin at a distance of 473.34 feet, a total
22 distance of 489.84 feet to a set nail in the centerline of
23 aforesaid State Route 1010;
24 (6) N 83 degrees 21 minutes 00 seconds W a distance of
25 143.05 feet to a set nail in the centerline of said State
26 Route 1010; and
27 (7) on an arc concave to the south; having a radius of
28 572.96 feet, a chord bearing of N 86 degrees, 08 minutes, 50
29 seconds W, and a chord distance of 55.89 feet; an arc
30 distance of 55.91 feet to the place of beginning.
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1 Containing an area of 7.00 acres of land.
2 Being all of Lot Number 1, as shown on the Plan of
3 Subdivision for Snyder County Commissioners, as prepared by
4 Gerald E. Bickhart & Sons, Inc., dated 03-31-94, and recorded in
5 Snyder County Map File number 2275.
6 (c) The conveyance shall be made under and subject to all
7 lawful and enforceable easements, servitudes and rights of
8 others, including, but not confined to, streets, roadways and
9 rights of any telephone, telegraph, water, electric, gas or
10 pipeline companies, as well as under and subject to any lawful
11 and enforceable estates or tenancies vested in third persons
12 appearing of record, for any portion of the land or improvements
13 erected thereon.
14 (d) Restrictions imposed under the act of January 19, 1968
15 (1967 P.L.992, No.442), entitled "An act authorizing the
16 Commonwealth of Pennsylvania and the local government units
17 thereof to preserve, acquire or hold land for open space uses,"
18 upon the use of the property described under subsection (b) are
19 hereby released.
20 (e) The deed of conveyance shall be by Special Warranty Deed
21 and shall be executed by the Secretary of General Services in
22 the name of the Commonwealth of Pennsylvania.
23 (f) Costs and fees incidental to this conveyance shall be
24 borne by the grantee.
25 (g) In the event that this conveyance is not executed within
26 12 months of the effective date of this act, the property may be
27 disposed of in accordance with section 2406-A of the act of
28 April 9, 1929 (P.L.177, No.175), known as The Administrative
29 Code of 1929.
30 Section 7. Hartley Township Conveyance.
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1 (a) The Department of General Services, with the approval of
2 the Governor and the Department of Conservation and Natural
3 resources, is hereby authorized on behalf of the Commonwealth to
4 execute a deed to amend a use restriction and reversionary
5 covenant placed on lands conveyed to Hartley Township under the
6 act of June 26, 1981 (P.L.119, No.39), entitled "An act
7 authorizing and directing the Department of General Services,
8 with the approval of the Department of Environmental Resources
9 and the Governor, to convey to Hartley Township, 1.308 acres of
10 land situate in Hartley Township, Union County, Pennsylvania,"
11 to read that the lands conveyed shall be used for municipal
12 services or public services, including, but not limited to, fire
13 protection service, by Hartley Township and if at any time
14 Hartley Township or its successor in function authorizes or
15 permits or conveys said property to be used for any purpose
16 other than municipal or public services, the title shall
17 immediately revert to and revest in the Commonwealth of
18 Pennsylvania.
19 (b) The cost and fees relating to the conveyance shall be
20 borne by the grantee.
21 (c) The Deed of Conveyance shall be approved as provided by
22 law and shall be executed by the Secretary of General Services
23 in the name of the Commonwealth of Pennsylvania.
24 SECTION 8. MOUNT POCONO AIRPORT. <--
25 (A) THE DEPARTMENT OF GENERAL SERVICES, ACTING ON BEHALF OF
26 THE COMMONWEALTH OF PENNSYLVANIA AND WITH THE APPROVAL OF THE
27 GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED TO GRANT AND CONVEY
28 TO THE POCONO MOUNTAINS MUNICIPAL AIRPORT AUTHORITY ALL THOSE
29 CERTAIN PIECES OR PARCELS OF LAND SITUATE IN COOLBAUGH TOWNSHIP,
30 MONROE COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
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1 (1) BEGINNING AT THE COMMON CORNER OF THE JONATHAN BROWN,
2 JOHN HERSTER AND MICHAEL HART WARRANTEE TRACTS; THENCE ALONG THE
3 JOHN HERSTER WARRANTEE TRACT NORTH 50 DEGREES 00 MINUTES WEST,
4 NINE HUNDRED SIXTY-ONE AND TWO-TENTHS (961.20) FEET TO A POINT;
5 THENCE THROUGH LANDS OF THE GRANTOR HEREIN SOUTH 40 DEGREES 00
6 MINUTES WEST, EIGHT HUNDRED FIFTY-SEVEN AND FIVE-TENTHS (857.5)
7 FEET TO A POINT; THENCE THROUGH THE SAME SOUTH 62 DEGREES 40
8 MINUTES EAST, ONE THOUSAND FOUR HUNDRED SIXTY-SIX AND ONE-TENTH
9 (1466.1) FEET TO A POINT; THENCE STILL THROUGH THE SAME SOUTH 40
10 DEGREES 00 MINUTES WEST, FOUR HUNDRED TWELVE AND FIVE-TENTHS
11 (412.5) FEET TO A POINT; THENCE STILL THROUGH THE SAME SOUTH 50
12 DEGREES 00 MINUTES EAST, SEVEN HUNDRED (700) FEET TO A POINT;
13 THENCE STILL THROUGH THE SAME NORTH 40 DEGREES 00 MINUTES EAST,
14 FIVE HUNDRED EIGHTY-THREE AND FIVE-TENTHS (583.5) FEET TO A
15 POINT; THENCE STILL THROUGH THE SAME SOUTH 62 DEGREES 40 MINUTES
16 EAST, ONE THOUSAND THREE HUNDRED FORTY-THREE AND FOUR-TENTHS
17 (1343.4) FEET TO A POINT; THENCE STILL THROUGH THE SAME SOUTH 5
18 DEGREES 00 MINUTES EAST, FOUR HUNDRED SIXTY-SIX AND NINETY-SEVEN
19 HUNDREDTHS (466.97) FEET TO A POINT; THENCE STILL THROUGH THE
20 SAME NORTH 82 DEGREES 5 MINUTES EAST, FIVE HUNDRED THIRTY-NINE
21 AND EIGHTY-NINE HUNDREDTHS (539.89) FEET TO A POINT IN THE
22 DIVISION LINE OF THE JONATHAN BROWN AND MICHAEL HART WARRANTEE
23 TRACTS; THENCE ALONG THE MICHAEL HART WARRANTEE TRACT NORTH 50
24 DEGREES 00 MINUTES WEST, THREE THOUSAND ONE HUNDRED SEVENTY-TWO
25 (3172) FEET TO THE POINT THE PLACE OF BEGINNING.
26 CONTAINING 48.12 ACRES, MORE OR LESS, AND BEING SHOWN ON MAP
27 NO. 1868 ENTITLED "MONROE WATER SUPPLY COMPANY MAP" SHOWING LAND
28 TO BE CONVEYED TO COMMONWEALTH OF PENNSYLVANIA, DIVISION OF
29 AERONAUTICS, COOLBAUGH TWP., MONROE COUNTY, PENN., OFFICE OF
30 CORPORATE ENG'R., ALLENTOWN, PA., JULY 7, 1937.
19990S1178B2328 - 17 -
1 BEING THE SAME PREMISES WHICH MONROE SUPPLY COMPANY BY ITS
2 DEED DATED THE TWENTY-SIXTH DAY OF OCTOBER, ONE THOUSAND NINE
3 HUNDRED THIRTY-SEVEN, AND RECORDED IN THE OFFICE FOR RECORDING
4 DEEDS OF MONROE COUNTY, PENNSYLVANIA, IN DEED BOOK NO. 128, PAGE
5 621, GRANTED AND CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA.
6 (2) BEGINNING AT THE MOST WESTERLY CORNERS OF THE LANDS IN
7 THE WARRANTY NAME OF MICHAEL HART; THENCE SOUTH FORTY-TWO
8 DEGREES FIFTY-SIX MINUTES EAST, TWENTY-FIVE HUNDRED TEN AND
9 SEVENTY-NINE HUNDREDTHS FEET ALONG THE EXISTING FENCE TO A
10 STAKE; THENCE NORTH FORTY-FIVE DEGREES FIFTY MINUTES EAST, FIVE
11 HUNDRED FEET TO A STAKE; THENCE NORTH NO DEGREES FIFTY MINUTES
12 EAST, TWENTY-ONE HUNDRED FOURTEEN AND TWENTY-NINE HUNDREDTHS
13 FEET TO A POINT; THENCE NORTH FORTY-FIVE DEGREES FIFTY MINUTES
14 EAST, TEN HUNDRED THIRTY-SEVEN AND ONE-TENTH FEET TO A POINT;
15 THENCE NORTH FORTY-TWO DEGREES FIFTY-SIX MINUTES WEST, FIVE
16 HUNDRED FEET TO A POINT; THENCE SOUTH FORTY-FIVE DEGREES FIFTY
17 MINUTES WEST, TWENTY-FIVE HUNDRED FEET TO A STAKE; THENCE NORTH
18 FORTY-TWO DEGREES FIFTY-SIX MINUTES WEST, FIVE HUNDRED FIFTEEN
19 AND FORTY ONE HUNDREDTHS FEET TO A STAKE ON THE DAVID-LYNCH
20 PROPERTY LINE; THENCE SOUTH FORTY-FIVE DEGREES FIFTY MINUTES
21 WEST, FIVE HUNDRED FEET TO THE PLACE OF BEGINNING. ALL LYING
22 WITHIN THE PROPERTY OF THE BERTON E. DAVID ESTATE IN COOLBAUGH
23 TOWNSHIP, MONROE COUNTY, PENNSYLVANIA, AND CONTAINING EIGHTY-TWO
24 AND SIXTY-ONE ONE-HUNDREDTHS ACRES (82.61).
25 BEING THE SAME PREMISES WHICH VERNA DAVIS ET AL., BY THEIR
26 DEED DATED THE FIFTH DAY OF OCTOBER, ONE THOUSAND NINE HUNDRED
27 THIRTY-EIGHT, AND RECORDED IN THE OFFICE FOR RECORDING OF DEEDS
28 OF MONROE COUNTY, PENNSYLVANIA, IN DEED BOOK VOL. 130, PAGE 317,
29 GRANTED AND CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA.
30 (3) NO. 1. BEGINNING AT A POINT IN THE LANDS OF THE
19990S1178B2328 - 18 -
1 COMMONWEALTH OF PENNSYLVANIA KNOWN AS THE MOUNT POCONO AIRPORT
2 AND LANDS FORMERLY OWNED BY THE MONROE WATER SUPPLY COMPANY,
3 SINCE ACQUIRED BY THE COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG
4 THE SAID LAND OF THE COMMONWEALTH OF PENNSYLVANIA SOUTH FORTY-
5 TWO DEGREES FIFTY-SIX MINUTES EAST, A DISTANCE OF SIX HUNDRED
6 SIXTY-ONE AND TWENTY-ONE HUNDREDTHS FEET TO A POINT; THENCE
7 NORTH FORTY-FIVE DEGREES FIFTY MINUTES EAST, A DISTANCE OF FIVE
8 HUNDRED FEET TO A POINT; THENCE NORTH FORTY-TWO DEGREES FIFTY-
9 SIX MINUTES WEST, A DISTANCE OF SIX HUNDRED SIXTY-ONE AND
10 TWENTY-ONE HUNDREDTHS FEET TO A POINT IN THE LANDS OF THE
11 COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG THE LAND OF THE SAID
12 COMMONWEALTH SOUTH FORTY-FIVE DEGREES FIFTY MINUTES WEST, A
13 DISTANCE OF FIVE HUNDRED FEET TO THE PLACE OF BEGINNING. A TOTAL
14 OF SEVEN AND FIFTY-EIGHT HUNDREDTHS ACRES, MORE OR LESS.
15 NO. 2. BEGINNING AT THE MOST EASTERLY POINT IN THE LANDS OF
16 THE COMMONWEALTH OF PENNSYLVANIA KNOWN AS THE MOUNT POCONO
17 AIRPORT; THENCE ALONG THE LAND OF THE SAID COMMONWEALTH SOUTH
18 FORTY-FIVE DEGREES FIFTY MINUTES WEST, A DISTANCE OF ONE
19 THOUSAND THIRTY-SEVEN AND ONE-TENTH FEET TO A POINT IN THE LANDS
20 OF THE SAID COMMONWEALTH; THENCE ALONG THE LANDS OF THE SAID
21 COMMONWEALTH SOUTH NO DEGREES FIFTY MINUTES WEST, A DISTANCE OF
22 ONE HUNDRED FIFTY-FIVE AND FIFTY-SIX HUNDREDTHS FEET TO A POINT;
23 THENCE NORTH FORTY-FIVE DEGREES FIFTY MINUTES EAST, A DISTANCE
24 OF ONE THOUSAND FOUR HUNDRED THREE AND FORTY-TWO HUNDREDTHS FEET
25 TO A POINT, THIS POINT BEING APPROXIMATELY TWO HUNDRED FEET FROM
26 PENNSYLVANIA STATE HIGHWAY ROUTE 611; THENCE PARALLEL TO THE
27 SAID HIGHWAY 611 NORTH THIRTY-NINE DEGREES FIFTY-SEVEN MINUTES
28 WEST, A DISTANCE OF SIX HUNDRED ELEVEN AND SIXTY-SEVEN
29 HUNDREDTHS FEET TO A POINT APPROXIMATELY TWO HUNDRED FEET FROM
30 PENNSYLVANIA HIGHWAY ROUTE 611; THENCE SOUTH FORTY-FIVE DEGREES
19990S1178B2328 - 19 -
1 FIFTY MINUTES WEST, A DISTANCE OF TWO HUNDRED NINETY AND TWENTY-
2 NINE HUNDREDTHS FEET TO A POINT IN THE LANDS OF THE COMMONWEALTH
3 OF PENNSYLVANIA; THENCE ALONG SAID LANDS SOUTH FORTY-TWO DEGREES
4 FIFTY-SIX MINUTES EAST, A DISTANCE OF FIVE HUNDRED FEET TO THE
5 POINT OF BEGINNING. A TOTAL OF SIX AND FIFTY-NINE HUNDREDTHS
6 ACRES, MORE OR LESS.
7 BEING THE SAME PREMISES WHICH BERTON E. DAVIS ET UX, ET AL.,
8 BY THEIR DEED DATED THE TWENTY-FIRST DAY OF MARCH, ONE THOUSAND
9 NINE HUNDRED FORTY-ONE, AND RECORDED IN THE OFFICE FOR RECORDING
10 DEEDS OF MONROE COUNTY, PENNSYLVANIA, IN DEED BOOK VOL. 137,
11 PAGE 2, GRANTED AND CONVEYED TO THE COMMONWEALTH OF
12 PENNSYLVANIA.
13 (B) THE CONVEYANCE SHALL BE MADE UNDER AND SUBJECT TO ALL
14 LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND RIGHTS OF
15 OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND
16 RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR
17 PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL
18 AND ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD PERSONS
19 APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS
20 ERECTED THEREON.
21 (C) IF AND WHEN THE POCONO MOUNTAINS MUNICIPAL AIRPORT
22 AUTHORITY OR ITS SUCCESSOR IN INTEREST SHALL CEASE TO EXIST, THE
23 PROPERTY CONVEYED BY THIS DEED SHALL REVERT AND BE RECONVEYED TO
24 THE COMMONWEALTH, UNLESS A SUCCESSOR AUTHORITY HAS BEEN FORMED
25 TO CONTINUE OPERATION OF THE POCONO MOUNTAINS MUNICIPAL AIRPORT.
26 (D) THE CONSIDERATION FOR CONVEYANCE AUTHORIZED BY THIS
27 SECTION SHALL BE $1. THE CONVEYANCE SHALL BE EFFECTED BY A
28 SPECIAL WARRANTY DEED IN REGULAR FORM FROM THE COMMONWEALTH TO
29 THE POCONO MOUNTAINS MUNICIPAL AIRPORT AUTHORITY, EXECUTED AND
30 DELIVERED BY THE DEPARTMENT OF GENERAL SERVICES.
19990S1178B2328 - 20 -
1 (E) COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE SHALL BE
2 BORNE BY THE GRANTEE.
3 SECTION 9. CONVEYANCE OF GREAT MEADOWS AMPHITHEATER.
4 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
5 THE APPROVAL OF THE GOVERNOR AND OF THE PENNSYLVANIA HISTORICAL
6 AND MUSEUM COMMISSION, IS HEREBY AUTHORIZED ON BEHALF OF THE
7 COMMONWEALTH OF PENNSYLVANIA, TO GRANT, SELL AND CONVEY TO THE
8 COUNTY OF FAYETTE, FOR FAIR CONSIDERATION, A TRACT OF LAND AND
9 BUILDINGS KNOWN AS THE GREAT MEADOWS AMPHITHEATER AS FURTHER
10 DESCRIBED IN SUBSECTION (B).
11 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED IS A SINGLE
12 TRACT OF LAND AND RIGHT-OF-WAY SITUATE IN THE TOWNSHIP OF
13 WHARTON, FAYETTE COUNTY, COMMONWEALTH OF PENNSYLVANIA, BOUNDED
14 AND DESCRIBED AS FOLLOWS:
15 BEGINNING AT A POINT LOCATED THE FOLLOWING COURSES AND
16 DISTANCES FROM THE BENCH MARK ON A CONCRETE MONUMENT MARKING THE
17 NORTHWESTERN PROPERTY CORNER OF LANDS OWNED BY THE COUNTY OF
18 FAYETTE:
19 (1) NORTH 66 DEGREES 45 MINUTES EAST 240 FEET TO A POINT;
20 (2) SOUTH 19 DEGREES 15 MINUTES EAST 370.00 FEET TO A POINT,
21 SAID POINT BEING THE BEGINNING OF THE AREA FOR THE PROPOSED
22 AMPHITHEATER; THENCE NORTH 70 DEGREES 45 MINUTES EAST 561.53
23 FEET TO A POINT; THENCE SOUTH 77 DEGREES 02 MINUTES 01 SECONDS
24 EAST 194.84 FEET TO A POINT; THENCE ON A CURVE TO THE RIGHT
25 HAVING A RADIUS OF 520.87 FEET (CHORD BEARING OF SOUTH 28
26 DEGREES 31 MINUTES 01 SECONDS WEST AND A CHORD DISTANCE OF
27 279.27 FEET) THE ARC DISTANCE OF 282.73 FEET TO A POINT; THENCE
28 SOUTH 44 DEGREES 04 MINUTES 02.2 SECONDS WEST 67.55 FEET TO A
29 POINT; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 318.31
30 FEET (CHORD BEARING OF SOUTH 26 DEGREES 30 MINUTES 31 SECONDS
19990S1178B2328 - 21 -
1 WEST AND A CHORD DISTANCE OF 186.66 FEET) THE ARC DISTANCE OF
2 195.10 FEET TO A POINT; THENCE NORTH 81 DEGREES 02 MINUTES WEST
3 23.85 FEET TO A POINT; THENCE SOUTH 45 DEGREES 38 MINUTES WEST
4 190.33 FEET TO A POINT; THENCE NORTH 88 DEGREES 21 MINUTES 20
5 SECONDS WEST 137.46 FEET TO A POINT; THENCE NORTH 19 DEGREES 15
6 MINUTES WEST 476.48 FEET TO THE POINT AND PLACE OF BEGINNING.
7 CONTAINING 6.1 ACRES, MORE OR LESS.
8 TOGETHER WITH THE FREE AND UNINTERRUPTED RIGHT OF INGRESS,
9 EGRESS AND REGRESS, OVER A 180 FOOT WIDE RIGHT-OF-WAY,
10 CONTAINING A ROAD, FROM THE ABOVE PROPERTY TO U.S. ROUTE 40.
11 (C) CONDITIONS OF CONVEYANCE.--THE CONVEYANCE AUTHORIZED IN
12 THIS SECTION SHALL BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND
13 ENFORCEABLE EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS,
14 INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF
15 ANY TELEPHONE, TELEGRAPH, CABLE, WATER, ELECTRIC, SEWER, GAS OR
16 PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL
17 AND ENFORCEABLE INTEREST, ESTATES OR TENANCIES VESTED IN THIRD
18 PERSONS, APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
19 IMPROVEMENT ERECTED THEREON.
20 (D) DEED OF CONVEYANCE.--
21 (1) THE DEED OF CONVEYANCE SHALL BE BY SPECIAL WARRANTY
22 DEED AND SHALL CONTAIN A CLAUSE THAT, EXCEPTING THE SALE TO
23 THE UNITED STATES OF AMERICA AS STIPULATED IN SUBSECTION
24 (D)(3), THE GRANTEE WILL PAY THE COMMONWEALTH EITHER ONE-HALF
25 OF THE PROCEEDS FROM THE SALE OF THE PROPERTY BY THE GRANTEE
26 TO ANY THIRD PARTY OR $100,000, WHICHEVER IS GREATER. IF AT
27 ANYTIME THE GRANTEE OR ITS SUCCESSOR IN FUNCTION CONVEYS THE
28 PROPERTY WITHOUT PAYING THE COMMONWEALTH ONE-HALF OF THE SALE
29 PROCEEDS OR $100,000, WHICHEVER IS GREATER, THE PROPERTY
30 SHALL IMMEDIATELY REVERT TO AND REVEST IN THE COMMONWEALTH OF
19990S1178B2328 - 22 -
1 PENNSYLVANIA. THIS CLAUSE SHALL EXTINGUISH TEN YEARS AFTER
2 THE EXECUTION DATE OF THE DEED OF CONVEYANCE FROM THE
3 COMMONWEALTH TO THE COUNTY OF FAYETTE.
4 (2) THE DEED OF CONVEYANCE SHALL CONTAIN A CLAUSE THAT
5 REQUIRES THE GRANTEE TO CONTACT THE STATE HISTORIC
6 PRESERVATION OFFICER PRIOR TO LAND DEVELOPMENT OR
7 CONSTRUCTION.
8 (3) THE DEED OF CONVEYANCE AUTHORIZED BY THIS SECTION
9 SHALL CONTAIN A CLAUSE THAT THE GRANTEE SHALL BE PERMITTED TO
10 CONVEY THE PROPERTY DESCRIBED IN SUBSECTION (B) FOR $1 TO THE
11 UNITED STATES OF AMERICA, OR A DEPARTMENT THEREOF, FOR THE
12 SOLE PURPOSE OF ESTABLISHING A NATIONAL VETERANS CEMETERY.
13 (E) EXECUTION OF DEED.--THE DEED OF CONVEYANCE SHALL BE
14 APPROVED AS PROVIDED BY LAW AND SHALL BE EXECUTED BY THE
15 SECRETARY OF GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
16 PENNSYLVANIA. IN THE EVENT THAT THIS CONVEYANCE IS NOT EXECUTED
17 WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
18 PROPERTY SHALL BE DISPOSED OF IN ACCORDANCE WITH ARTICLE XXIV-A
19 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
20 ADMINISTRATIVE CODE OF 1929.
21 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE
22 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
23 SECTION 10. BLAIR COUNTY CONVEYANCE.
24 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
25 THE APPROVAL OF THE GOVERNOR AND DEPARTMENT OF TRANSPORTATION,
26 IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH
27 OF PENNSYLVANIA TO GRANT, SELL AND CONVEY BY SPECIAL WARRANTY
28 DEED TO BOROUGH OF HOLLIDAYSBURG FOR FAIR CONSIDERATION EQUAL TO
29 THE FAIR MARKET VALUE AS DETERMINED BY AN INDEPENDENT APPRAISAL,
30 THE TRACT OF LAND AND BUILDINGS DESCRIBED IN SUBSECTION (B).
19990S1178B2328 - 23 -
1 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
2 SUBSECTION (A) IS THE FOLLOWING TRACT OF LAND CONSISTING OF THE
3 DEPARTMENT OF TRANSPORTATION'S BLAIR COUNTY MAINTENANCE FACILITY
4 SITUATE IN THE BOROUGH OF HOLLIDAYSBURG, BLAIR COUNTY,
5 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
6 BEGINNING AT AN IRON PIN ON THE NORTHEASTERLY SIDE OF BEDFORD
7 STREET, SAID IRON PIN BEING N. 30 DEGREES 40 MINUTES W. AND
8 SIXTY-FIVE (65) FEET FROM AN ANGLE POINT IN SAID STREET; THENCE
9 BY LOT NO. 2, LAND N/F OF HOLLIDAYSBURG UNION PRAYER BAND, N. 59
10 DEGREES 20 MINUTES E. ONE HUNDRED THIRTY-NINE AND EIGHTY-FIVE
11 ONE-HUNDREDTHS (139.85) FEET TO A TACK IN A 4-INCH STAKE ON THE
12 WESTERLY BANK OF THE FRANKSTOWN BRANCH OF THE JUNIATA RIVER;
13 THENCE S. 32 DEGREES 6 MINUTES E. NINETY-THREE AND SEVENTY-FOUR
14 ONE-HUNDREDTHS (93.74) FEET TO A STAKE ON THE WESTERLY BANK OF
15 THE FRANKSTOWN BRANCH OF THE JUNIATA RIVER; THENCE S. 32 DEGREES
16 17 MINUTES E. ONE HUNDRED FIFTY-THREE AND NINETY-FIVE ONE-
17 HUNDREDTHS (153.95) FEET TO A TACK IN A 4-INCH POST ON THE
18 WESTERLY BANK OF THE FRANKSTOWN BRANCH OF THE JUNIATA RIVER AND
19 ON THE NORTHWESTERLY SIDE OF A FIFTEEN (15) FOOT ALLEY; THENCE
20 ALONG THE NORTHWESTERLY SIDE OF SAID ALLEY S. 70 DEGREES 45
21 MINUTES W. ONE HUNDRED SEVENTY-NINE AND EIGHT-TENTHS (179.8)
22 FEET TO A TACK IN A 6 INCH POST AT THE INTERSECTION OF THE
23 NORTHWESTERLY SIDE OF SAID ALLEY AND THE EASTERLY SIDE OF
24 BEDFORD STREET; THENCE ALONG THE EASTERLY SIDE OF BEDFORD STREET
25 N. 19 DEGREES 15 MINUTES W. ONE HUNDRED FIFTY (150) FEET TO A
26 TACK IN A 6-INCH POST AT AN ANGLE POINT IN BEDFORD STREET;
27 THENCE BY THE NORTHEASTERLY SIDE OF BEDFORD STREET N. 30 DEGREES
28 40 MINUTES W. SIXTY-FIVE (65) FEET TO THE POINT OF BEGINNING.
29 CONTAINING 0.8158 OF AN ACRE, MORE OR LESS.
30 (C) CONDITIONS.--THE CONVEYANCE AUTHORIZED BY THIS SECTION
19990S1178B2328 - 24 -
1 IS SUBJECT TO THE COMMONWEALTH OF PENNSYLVANIA'S COMPLETION OF A
2 NEW MAINTENANCE SHED FOR THE PENNSYLVANIA DEPARTMENT OF
3 TRANSPORTATION, HEREINAFTER REFERRED TO AS PADOT, AND PADOT
4 VACATING THE ABOVE DESCRIBED TRACT OF LAND.
5 (D) EASEMENTS.--THE CONVEYANCE AUTHORIZED BY THIS SECTION
6 SHALL BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE
7 EASEMENTS, SERVITUDES, INFRINGEMENTS KNOWN OR UNKNOWN AND RIGHTS
8 OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND
9 RIGHTS OF ANY TELEPHONE, TELEGRAPH, CABLE, WATER, ELECTRIC,
10 SEWER, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER THE SUBJECT
11 TO ANY LAWFUL AND ENFORCEABLE INTEREST, ESTATES OR TENANCIES
12 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
13 THE LAND OR IMPROVEMENTS ERECTED THEREON.
14 (E) REVERSION.--THE DEED OF CONVEYANCE SHALL CONTAIN A
15 CLAUSE THAT THE PROPERTY CONVEYED SHALL BE USED FOR MUNICIPAL
16 PURPOSES, AND, IF AT ANY TIME THE BOROUGH OF HOLLIDAYSBURG, OR
17 ITS SUCCESSOR IN FUNCTION CONVEYS THE PROPERTY OR PERMITS THE
18 PROPERTY TO BE USED FOR ANY PURPOSE OTHER THAN THAT SPECIFIED IN
19 THIS SUBSECTION, THE TITLE TO THE PROPERTY SHALL IMMEDIATELY
20 REVERT TO AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA.
21 (F) EXECUTION.--THE DEED OF CONVEYANCE AUTHORIZED BY THIS
22 SECTION SHALL BE APPROVED AS PROVIDED BY LAW AND SHALL BE
23 EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
24 COMMONWEALTH OF PENNSYLVANIA. IN THE EVENT THAT THIS CONVEYANCE
25 IS NOT EXECUTED WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF THIS
26 ACT, OR WITHIN 12 MONTHS OF PADOT VACATING THE PREMISES,
27 WHICHEVER IS LATER, THE PROPERTY MAY BE DISPOSED OF IN
28 ACCORDANCE WITH ARTICLE XXIV-A OF THE ACT OF APRIL 9, 1929
29 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
30 (G) SUBDIVISION APPROVALS.--GRANTEE SHALL BE SOLELY
19990S1178B2328 - 25 -
1 RESPONSIBLE TO OBTAIN ALL REQUIRED SUBDIVISION APPROVALS AND ALL
2 OTHER GOVERNMENTAL APPROVALS NECESSARY FOR THE TRANSFER OR
3 INTENDED USE OF THE TRANSFERRED TRACT AND ITS BUILDINGS REQUIRED
4 AS A RESULT OF THIS CONVEYANCE. ALL FEES AND COSTS ASSOCIATED
5 WITH OBTAINING THE SUBDIVISION OR OTHER APPROVALS SHALL BE BORNE
6 BY THE GRANTEE.
7 (H) COSTS.--ALL OTHER COSTS AND FEES INCIDENTAL TO THE
8 CONVEYANCE INCLUDING, BUT NOT LIMITED TO, APPRAISAL FEES, TITLE
9 INSURANCE, SURVEY AUTHORIZED BY THIS SECTION SHALL BE BORNE BY
10 THE GRANTEE.
11 (I) DEPOSIT OF PROCEEDS.--PROCEEDS FROM THIS SALE SHALL BE
12 DEPOSITED IN THE GENERAL FUND.
13 SECTION 11. CONVEYANCE OF LANDS IN BOROUGH OF HUNTINGDON,
14 HUNTINGDON COUNTY.
15 (A) AUTHORIZATION.--THE STATE ARMORY BOARD OF THE DEPARTMENT
16 OF MILITARY AND VETERANS AFFAIRS AND THE DEPARTMENT OF GENERAL
17 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, ARE HEREBY
18 AUTHORIZED AND DIRECTED, ON BEHALF OF THE COMMONWEALTH, TO GRANT
19 AND CONVEY TO THE HUNTINGDON AREA SCHOOL DISTRICT, HUNTINGDON
20 COUNTY, FOR THE CONSIDERATION SPECIFIED IN SUBSECTION (B), THE
21 FOLLOWING TRACT OF LAND, SITUATED IN THE BOROUGH OF HUNTINGDON,
22 HUNTINGDON COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
23 FOLLOWS:
24 BEGINNING AT A SET PK NAIL LOCATED ALONG THE EASTERN BOUNDARY
25 LINE OF S.R. 0026, ALSO KNOWN AS STANDING STONE AVENUE; THENCE
26 CONTINUING ALONG THE EASTERN BOUNDARY OF S.R. 0026 NORTH 48
27 DEGREES 39 MINUTES 30 SECONDS EAST 366.17 FEET TO A POINT;
28 THENCE CONTINUING ALONG OTHER LANDS OF LESSOR HEREIN AS FURTHER
29 DEMARKED BY A NOW EXISTING CYCLONE FENCE, NORTH 88 DEGREES 48
30 MINUTES 50 SECONDS EAST 33.49 FEET TO A POINT; THENCE CONTINUING
19990S1178B2328 - 26 -
1 ALONG SAME SOUTH 42 DEGREES 52 MINUTES 29 SECONDS EAST 83.49
2 FEET TO A POINT; THENCE CONTINUING ALONG SAME SOUTH 18 DEGREES
3 53 MINUTES 54 SECONDS EAST 257.53 FEET TO A POINT; THENCE
4 CONTINUING ALONG SAME SOUTH 47 DEGREES 02 MINUTES 25 SECONDS
5 WEST 135.06 FEET TO A POINT; THENCE ALONG THE PROPERTY LINE OF
6 THE HUNTINGDON AREA SCHOOL DISTRICT, LESSEE HEREIN, NORTH 66
7 DEGREES 11 MINUTES 43 SECONDS WEST 382.31 FEET TO A SET PK NAIL,
8 SAID PK NAIL BEING THE PLACE OF BEGINNING. CONTAINING 2.21
9 ACRES, MORE OR LESS.
10 THE PROPERTY CONTAINED HEREIN ALSO INCLUDES, BUT IS NOT LIMITED
11 TO, THE FOLLOWING IMPROVEMENTS: A PART OF AN ENTRANCE BUILDING,
12 THREE (3) FIELD LIGHT POLES, A PART OF THE STADIUM BLEACHER
13 SEATING, A FRAME BUILDING BUILT BY THE BOOSTER CLUB, A SECOND
14 FRAME BUILDING, A BLOCK BUILDING LATRINE, A MACADAM WALKWAY, TWO
15 (2) CONCRETE PADS, A SCORE BOARD, A STONE MONUMENT, A PART OF A
16 RUNNING TRACK, A PART OF A FOOTBALL FIELD, AND A PART OF A
17 GROUND RUNWAY.
18 BEING A PART OF THE PREMISES DESCRIBED IN A DEED DATED SEPTEMBER
19 30, 1927, RECORDED IN DEED BOOK D-7, PAGE 80, WHICH THE
20 BURGESSES AND TOWN COUNCIL OF THE BOROUGH OF HUNTINGDON GRANTED
21 AND CONVEYED TO THE COMMONWEALTH OF PENNSYLVANIA.
22 (B) CONSIDERATION.--THE STATE ARMORY BOARD OF THE DEPARTMENT
23 OF MILITARY AND VETERANS AFFAIRS IS CONVEYING THE PROPERTY
24 DESCRIBED IN SUBSECTION (A) IN EXCHANGE FOR IN-KIND SERVICES TO
25 BE RENDERED BY THE HUNTINGDON AREA SCHOOL DISTRICT AS FOLLOWS:
26 (1) THE NATIONAL GUARD UNIT ASSIGNED TO THE ADJACENT
27 ARMORY WOULD HAVE ACCESS TO THE FOOTBALL FIELD/TRACK FOR
28 PURPOSES TO PERFORM PHYSICAL TRAINING, CONDUCT TRAINING
29 EXERCISES AND SPORTING ACTIVITIES. THESE ACTIVITIES WOULD BE
30 SCHEDULED WITH THE APPROPRIATE SCHOOL OFFICIALS.
19990S1178B2328 - 27 -
1 (2) USE OF THE DISTANCE LEARNING LABS WITHIN THE SCHOOL
2 DISTRICT.
3 (3) THE HUNTINGDON AREA SCHOOL DISTRICT SHALL PROVIDE
4 PARKING SPACES FOR THE NATIONAL GUARD PERSONNEL ON SCHOOL
5 DISTRICT PROPERTY ON OFFICIAL DUTY DAYS AND THE NATIONAL
6 GUARD SHALL PERMIT THE SCHOOL DISTRICT TO USE THE NATIONAL
7 GUARD PROPERTY FOR FOOTBALL GAMES, COMMUNITY ACTIVITIES AND
8 OTHER SCHOOL-RELATED ACTIVITIES.
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 TELEPHONE, TELEGRAPH, WATER, ELECTRIC,
13 GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY
14 LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD
15 PERSONS APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
16 IMPROVEMENTS ERECTED THEREON.
17 (D) APPROVAL.--THE DEED OF CONVEYANCE MUST BE APPROVED AS
18 PROVIDED BY LAW AND SHALL BE EXECUTED BY THE ADJUTANT GENERAL
19 FOR THE STATE ARMORY BOARD OF THE DEPARTMENT OF MILITARY AND
20 VETERANS AFFAIRS AND THE SECRETARY OF GENERAL SERVICES IN THE
21 NAME OF THE COMMONWEALTH.
22 (E) REVERSION.--THE CONVEYANCE SHALL BE MADE UNDER AND
23 SUBJECT TO:
24 (1) THE CONDITION THAT THE LANDS CONVEYED HEREIN SHALL
25 BE USED FOR PUBLIC EDUCATIONAL PURPOSES, INCLUDING, BUT NOT
26 LIMITED TO, SCHOLASTIC ATHLETIC EVENTS.
27 (2) THE CONTINUING OBLIGATION ON THE PART OF THE
28 HUNTINGDON AREA SCHOOL DISTRICT AS PROVIDED FOR IN SUBSECTION
29 (B).
30 SHOULD THE GRANTEE ALLOW THE LANDS CONVEYED TO BE USED FOR ANY
19990S1178B2328 - 28 -
1 OTHER PURPOSE, ATTEMPT TO CONVEY THE PREMISES OR FAIL TO PERFORM
2 ITS OBLIGATIONS PURSUANT TO SUBSECTION (B), TITLE SHALL
3 IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
4 (F) COSTS AND FEES.--THE COSTS AND FEES INCIDENTAL TO THIS
5 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
6 SECTION 12. CONVEYANCE IN CHESTER COUNTY.
7 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
8 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED
9 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND
10 CONVEY PHILADELPHIA SUBURBAN WATER COMPANY CERTAIN LAND AND
11 IMPROVEMENTS SITUATE ON THE GROUNDS OF EMBREEVILLE CENTER
12 DESCRIBED IN SUBSECTION (B) AND CERTAIN PERMANENT EASEMENTS
13 SITUATE ON THE GROUNDS OF EMBREEVILLE CENTER DESCRIBED IN
14 SUBSECTIONS (C) THROUGH (E) FOR FAIR CONSIDERATION EQUAL TO FAIR
15 MARKET VALUE AS DETERMINED BY INDEPENDENT APPRAISAL.
16 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED PURSUANT TO
17 SUBSECTION (A) CONSISTS OF APPROXIMATELY 2.000 ACRES OF LAND AND
18 PORTIONS OF THE EMBREEVILLE CENTER POTABLE WATER SYSTEM
19 DESCRIBED IN EXHIBIT 1 TO THE LEASE AGREEMENT WITH OPTION TO
20 PURCHASE, DATED APRIL 9, 1991, BETWEEN THE COMMONWEALTH OF
21 PENNSYLVANIA AND SPRING RUN WATER COMPANY, WHICH PHILADELPHIA
22 SUBURBAN WATER COMPANY IS SUCCESSOR, SITUATE IN WEST BRADFORD
23 TOWNSHIP, CHESTER COUNTY, BOUNDED AND MORE PARTICULARLY
24 DESCRIBED AS FOLLOWS:
25 ALL THAT CERTAIN PARCEL OF LAND SITUATE IN WEST BRADFORD
26 TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, BEING SHOWN AS LOT 1 ON
27 THE PLAN OF WATER SYSTEM PROPERTY AT THE EMBREEVILLE CENTER FOR
28 PHILADELPHIA SUBURBAN WATER COMPANY DATED OCTOBER 20, 1998 AND
29 LAST REVISED FEBRUARY 9, 1999 BY CHESTER VALLEY ENGINEERS, INC.,
30 PAOLI, PENNSYLVANIA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
19990S1178B2328 - 29 -
1 BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 AND LAND NOW OR
2 LATE OF THE COMMONWEALTH OF PENNSYLVANIA ON THE SOUTHWESTERLY
3 RIGHT OF WAY LINE OF STRASBURG ROAD--S.R.3062, VARIABLE WIDTH
4 (HERE 60 FEET WIDE), SAID BEGINNING POINT BEING MEASURED ALONG
5 SAID RIGHT OF WAY LINE, THE FOLLOWING TWO (2) COURSES AND
6 DISTANCES FROM ITS INTERSECTION WITH THE SOUTHEASTERLY RIGHT OF
7 WAY LINE OF LEIDS ROAD, 33 FEET WIDE: (1) SOUTH 53 DEGREES 33
8 MINUTES 30 SECONDS EAST 347.69 FEET TO A POINT OF CURVATURE; (2)
9 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1,940.08 FEET AND
10 AN ARC LENGTH OF 252.51 FEET, TO THE POINT OF BEGINNING; THENCE
11 FROM THE POINT OF BEGINNING, ALONG SAID RIGHT OF WAY LINE, THE
12 FOLLOWING EIGHT (8) COURSES AND DISTANCES: (1) ALONG A CURVE
13 TO THE LEFT HAVING A RADIUS OF 1,940.08 FEET, AN ARC LENGTH OF
14 178.44 FEET, AND A CHORD BEARING SOUTH 63 DEGREES 39 MINUTES 02
15 SECONDS EAST 178.38 FEET; (2) SOUTH 44 DEGREES 57 MINUTES 46
16 SECONDS EAST 10.93 FEET; (3) SOUTH 56 DEGREES 14 MINUTES 53
17 SECONDS EAST 52.00 FEET; (4) SOUTH 57 DEGREES 48 MINUTES 12
18 SECONDS EAST 52.25 FEET; (5) SOUTH 59 DEGREES 21 MINUTES 29
19 SECONDS EAST 52.51 FEET; (6) SOUTH 65 DEGREES 13 MINUTES 25
20 SECONDS EAST 52.10 FEET; (7) SOUTH 67 DEGREES 50 MINUTES 00
21 SECONDS EAST 52.14 FEET; (8) SOUTH 72 DEGREES 37 MINUTES 58
22 SECONDS EAST 27.02 FEET TO A CORNER OF THE AFORESAID LANDS OF
23 THE COMMONWEALTH OF PENNSYLVANIA; THENCE ALONG SAID LANDS, THE
24 FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) LEAVING SAID
25 RIGHT OF WAY LINE, SOUTH 26 DEGREES 59 MINUTES 11 SECONDS WEST
26 132.93 FEET; (2) NORTH 70 DEGREES 38 MINUTES 24 SECONDS WEST
27 213.73 FEET; (3) SOUTH 28 DEGREES 14 MINUTES 53 SECONDS WEST
28 68.38 FEET; (4) NORTH 55 DEGREES 42 MINUTES 30 SECONDS WEST
29 271.34 FEET (5) NORTH 28 DEGREES 59 MINUTES 04 SECONDS EAST
30 199.99 FEET TO THE POINT OF BEGINNING; AND
19990S1178B2328 - 30 -
1 CONTAINING 2.000 ACRES OF LAND, BE THE SAME, MORE OR LESS.
2 (C) EASEMENT.--A PERMANENT EASEMENT CONVEYED PURSUANT TO
3 THIS SECTION CONSISTS OF A 20-FOOT WIDE ACCESS EASEMENT
4 COMPRISING APPROXIMATELY 11,000 SQUARE FEET FROM THE EMBREEVILLE
5 CENTER POTABLE WATER SYSTEM AT EMBREEVILLE ROAD TO PROPOSED 20-
6 FOOT WIDE UTILITY AND ACCESS EASEMENT "A", DESCRIBED IN THE PLAN
7 OF WATER SYSTEM PROPERTY AT THE EMBREEVILLE CENTER, DATED
8 FEBRUARY 2, 2000, SITUATE IN NEWLIN TOWNSHIP, CHESTER COUNTY,
9 BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
10 ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE TOWNSHIP OF
11 NEWLIN, COUNTY OF CHESTER, COMMONWEALTH OF PENNSYLVANIA
12 DESCRIBED IN ACCORDANCE WITH THE PLAN OF WATER SYSTEM PROPERTY
13 AT THE EMBREEVILLE CENTER PREPARED BY PHILADELPHIA SUBURBAN
14 WATER COMPANY, AS SHOWN ON PLAN A-4745, DATED FEBRUARY 2, 2000.
15 BEGINNING AT A POINT ON THE TITLE LINE OF EMBREEVILLE ROAD,
16 (L.R.273) (PA.RT.162), (40' WIDE).
17 THENCE FROM SAID POINT OF BEGINNING AND CONTINUING ALONG SAID
18 TITLE LINE ALONG AN ARC OF A CURVE, CURVING TO THE LEFT A RADIUS
19 OF 2,200.00 FEET, AND AN ARC DISTANCE OF 20.00 FEET TO A POINT;
20 THENCE THROUGH THE LANDS OF SAID GRANTOR THE FIVE (5)
21 FOLLOWING COURSES AND DISTANCES:
22 1. SOUTH 02 DEGREES 30 MINUTES 00 SECONDS WEST, A
23 DISTANCE OF 384.98 FEET TO A POINT;
24 2. THENCE SOUTH 87 DEGREES 30 MINUTES 00 SECONDS EAST, A
25 DISTANCE OF 148.75 FEET TO A POINT ON PROPOSED EASEMENT "A";
26 3. THENCE CONTINUING ALONG SAID PROPOSED EASEMENT SOUTH
27 02 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 20.00
28 FEET;
29 4. THENCE LEAVING SAID EASEMENT NORTH 87 DEGREES 30
30 MINUTES 00 SECONDS WEST, A DISTANCE OF 168.75 FEET TO A
19990S1178B2328 - 31 -
1 POINT;
2 5. THENCE NORTH 02 DEGREES 30 MINUTES 00 SECONDS EAST, A
3 DISTANCE OF 404.93 FEET TO THE FIRST MENTIONED POINT AND
4 PLACE OF BEGINNING.
5 CONTAINING 11,074.39 SQ. FT., MORE OR LESS.
6 (D) ADDITIONAL EASEMENT.--A PERMANENT EASEMENT TO BE
7 CONVEYED PURSUANT TO THIS SECTION CONSISTS OF A 20-FOOT WIDE
8 EASEMENT COMPRISING APPROXIMATELY 25,000 SQUARE FEET FROM THE
9 EMBREEVILLE CENTER POTABLE WATER SYSTEM TO THE EXISTING WATER
10 SUPPLY WELL, SITUATE IN NEWLIN TOWNSHIP, CHESTER COUNTY, BOUNDED
11 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
12 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF
13 NEWLIN, COUNTY OF CHESTER, COMMONWEALTH OF PENNSYLVANIA,
14 DESCRIBED IN ACCORDANCE WITH THE PLAN OF WATER SYSTEM PROPERTY
15 AT THE EMBREEVILLE CENTER PREPARED BY PHILADELPHIA SUBURBAN
16 WATER COMPANY, AS SHOWN AS EASEMENT "A" ON PLAN A-4745, DATED
17 FEBRUARY 2, 2000.
18 BEGINNING AT A POINT ON A PROPOSED PROPERTY LINE SEPARATING
19 THE LANDS OF SAID GRANTOR AND GRANTEE, SAID POINT BEING LOCATED
20 THE THREE FOLLOWING COURSES AND DISTANCES FROM A POINT LOCATED
21 ON THE TITLE LINE OF EMBREEVILLE ROAD, (L.R.273)(PA. RT. 162),
22 (40 FEET WIDE) A COMMON CORNER OF LAND BETWEEN SAID GRANTOR AND
23 GRANTEE.
24 1. LEAVING SAID TITLE LINE AND ALONG A LINE COMMON TO
25 SAID GRANTOR AND GRANTEE SOUTH 29 DEGREES 50 MINUTES 21
26 SECONDS EAST, A DISTANCE OF 186.09 FEET TO A POINT;
27 2. THENCE CONTINUING ALONG SAME SOUTH 52 DEGREES 38
28 MINUTES 58 SECONDS WEST, A DISTANCE OF 96.55 FEET TO A POINT;
29 3. THENCE, LEAVING SAID COMMON LINE AND ALONG THE SAID
30 PROPOSED PROPERTY LINE SOUTH 36 DEGREES 57 MINUTES 30 SECONDS
19990S1178B2328 - 32 -
1 EAST, A DISTANCE OF 40.11 FEET TO THE POINT OF BEGINNING.
2 THENCE FROM SAID POINT OF BEGINNING AND CONTINUING ALONG SAME
3 SOUTH 36 DEGREES 57 MINUTES 30 SECONDS EAST, A DISTANCE OF 22.66
4 FEET TO A POINT;
5 THENCE LEAVING SAID PROPOSED PROPERTY LINE AND THROUGH THE
6 LANDS OF SAID GRANTOR THE NINE (9) FOLLOWING COURSES AND
7 DISTANCES:
8 1. SOUTH 25 DEGREES 00 MINUTES 00 SECONDS WEST, A
9 DISTANCE OF 201.32 FEET TO A POINT;
10 2. THENCE SOUTH 02 DEGREES 30 MINUTES 00 SECONDS WEST, A
11 DISTANCE OF 796.91 FEET TO A POINT;
12 3. THENCE SOUTH 87 DEGREES 30 MINUTES 00 SECONDS EAST, A
13 DISTANCE OF 25.00 FEET TO A POINT;
14 4. THENCE SOUTH 02 DEGREES 30 MINUTES 00 SECONDS WEST, A
15 DISTANCE OF 70.00 FEET TO A POINT;
16 5. THENCE NORTH 87 DEGREES 30 MINUTES 00 SECONDS WEST, A
17 DISTANCE OF 70.00 FEET TO A POINT;
18 6. THENCE NORTH 02 DEGREES 30 MINUTES 00 SECONDS EAST, A
19 DISTANCE OF 70.00 FEET TO A POINT;
20 7. THENCE SOUTH 87 DEGREES 30 MINUTES 00 SECONDS EAST, A
21 DISTANCE OF 25.00 FEET TO A POINT;
22 8. THENCE NORTH 02 DEGREES 30 MINUTES 00 SECONDS EAST, A
23 DISTANCE OF 800.89 FEET TO A POINT;
24 9. THENCE NORTH 25 DEGREES 00 MINUTES 00 SECONDS EAST, A
25 DISTANCE OF 215.95 FEET TO THE FIRST MENTIONED POINT AND
26 PLACE OF BEGINNING.
27 CONTAINING 25,050.69 SQ. FT., MORE OR LESS.
28 (E) ADDITIONAL EASEMENT.--A PERMANENT EASEMENT TO BE
29 CONVEYED PURSUANT TO THIS SECTION CONSISTS OF A 20-FOOT WIDE
30 EASEMENT COMPRISING APPROXIMATELY 19,000 SQUARE FEET FROM THE
19990S1178B2328 - 33 -
1 EMBREEVILLE CENTER POTABLE WATER SYSTEM TO THE EXISTING WATER
2 SUPPLY WELL, SITUATE IN NEWLIN TOWNSHIP, CHESTER COUNTY, BOUNDED
3 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
4 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF
5 NEWLIN, COUNTY OF CHESTER, COMMONWEALTH OF PENNSYLVANIA,
6 DESCRIBED IN ACCORDANCE WITH THE PLAN OF WATER SYSTEM PROPERTY
7 AT THE EMBREEVILLE CENTER PREPARED BY PHILADELPHIA SUBURBAN
8 WATER COMPANY, AS SHOWN AS EASEMENT "B" ON PLAN A-4745, DATED
9 FEBRUARY 2, 2000.
10 BEGINNING AT A POINT ON A PROPOSED PROPERTY LINE SEPARATING
11 THE LANDS OF SAID GRANTOR AND GRANTEE, SAID POINT BEING LOCATED
12 THE FOUR FOLLOWING COURSES AND DISTANCES FROM A POINT LOCATED ON
13 THE TITLE LINE OF EMBREEVILLE ROAD, (PA. RT. 162), (40 FEET
14 WIDE) A COMMON CORNER OF LAND BETWEEN SAID GRANTOR AND GRANTEE.
15 1. LEAVING SAID TITLE LINE AND ALONG A LINE COMMON TO
16 SAID GRANTOR AND GRANTEE SOUTH 29 DEGREES 50 MINUTES 21
17 SECONDS EAST, A DISTANCE OF 186.09 FEET TO A POINT;
18 2. THENCE CONTINUING ALONG SAME SOUTH 52 DEGREES 38
19 MINUTES 58 SECONDS WEST, A DISTANCE OF 96.55 FEET TO A POINT;
20 3. THENCE LEAVING SAID COMMON LINE AND ALONG THE SAID
21 PROPOSED PROPERTY LINE SOUTH 36 DEGREES 57 MINUTES 30 SECONDS
22 EAST, A DISTANCE OF 96.05 FEET TO AN IRON PIN SET ON THE
23 CORNER OF THE PROPOSED PROPERTY;
24 4. THENCE ALONG SAID PROPOSED PROPERTY LINE NORTH 52
25 DEGREES 38 MINUTES 58 SECONDS EAST, A DISTANCE OF 57.49 FEET
26 TO A POINT OF BEGINNING.
27 THENCE FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE
28 SAME NORTH 52 DEGREES 38 MINUTES 58 SECONDS WEST, A DISTANCE OF
29 20.14 FEET TO A POINT;
30 THENCE LEAVING SAID PROPOSED PROPERTY LINE AND CONTINUING
19990S1178B2328 - 34 -
1 THROUGH THE LANDS OF SAID GRANTOR THE SEVEN (7) FOLLOWING
2 COURSES AND DISTANCES.
3 1. THENCE SOUTH 44 DEGREES 11 MINUTES 02 SECONDS EAST, A
4 DISTANCE OF 721.01 FEET TO A POINT;
5 2. THENCE NORTH 45 DEGREES 48 MINUTES 58 SECONDS EAST, A
6 DISTANCE OF 12.62 FEET TO A POINT;
7 3. THENCE SOUTH 44 DEGREES 11 MINUTES 02 SECONDS EAST, A
8 DISTANCE OF 70.00 FEET TO A POINT;
9 4. THENCE SOUTH 45 DEGREES 48 MINUTES 58 SECONDS WEST, A
10 DISTANCE OF 70.00 FEET TO A POINT;
11 5. THENCE NORTH 44 DEGREES 11 MINUTES 02 SECONDS WEST, A
12 DISTANCE OF 70.00 FEET TO A POINT;
13 6. THENCE NORTH 45 DEGREES 48 MINUTES 58 SECONDS EAST, A
14 DISTANCE OF 37.38 FEET TO A POINT;
15 7. THENCE NORTH 44 DEGREES 11 MINUTES 02 SECONDS WEST, A
16 DISTANCE OF 723.41 FEET TO THE POINT OF BEGINNING.
17 CONTAINING 19,344.20 SQ. FT. MORE OR LESS.
18 (F) CONDITIONS.--FOR THE EFFICIENT OPERATION AND MAINTENANCE
19 OF THE FACILITIES BEING CONVEYED, THE DEPARTMENT OF GENERAL
20 SERVICES IS AUTHORIZED AND DIRECTED TO GRANT TITLE TO THE
21 FACILITIES AND EASEMENTS FOR THE TRANSMISSION MAINS BETWEEN THE
22 WATER TREATMENT PLANT AND WATER STORAGE TANKS AND SUCH LAND
23 WHICH EXTENDS 10 FEET BEYOND ALL TERMINUSES OF THE RESPECTIVE
24 TRANSMISSION MAIN AND THE APPURTENANCES THERETO. SPECIFICALLY,
25 EACH EASEMENT, AS GRANTED BY THIS SECTION, SHALL CONSIST OF A
26 STRIP OF LAND TWENTY AND NO ONE-HUNDREDTHS (20.00) FEET WIDE
27 WHICH EASEMENT SHALL BE CENTERED OVER THE TRANSMISSION MAINS AND
28 THE APPURTENANCES THERETO, AS DESCRIBED ABOVE. SAID EASEMENTS
29 ARE TO BE PERPETUAL AND EXCLUSIVE FOR THE ENTIRE 20-FEET WIDTH.
30 (G) OTHER EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
19990S1178B2328 - 35 -
1 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
2 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO STREETS,
3 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
4 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
5 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
6 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
7 THE LAND OR IMPROVEMENTS ERECTED THEREON.
8 (H) EXECUTION.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
9 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
10 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
11 (I) COSTS.--COSTS AND FEES INCIDENTAL TO THIS CONVEYANCE
12 SHALL BE BORNE BY THE GRANTEE.
13 SECTION 13. REMOVAL OF USE RESTRICTION ON CHESTER COUNTY LANDS.
14 THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
15 GOVERNOR, IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE
16 COMMONWEALTH OF PENNSYLVANIA TO REMOVE A USE RESTRICTION AND
17 REVERSIONARY COVENANT ON A PORTION (1.5-ACRES) OF THE LANDS
18 CONVEYED TO CHESTER COUNTY UNDER ACT 5 OF 1988 FOR $1.00. THE
19 USE RESTRICTION AND REVERSIONARY COVENANT SHALL BE REMOVED ON
20 APPROXIMATELY 1.5 ACRES OF LAND ADJOINING THE EMBREEVILLE CENTER
21 POTABLE WATER SYSTEM DESCRIBED IN THE PLAN OF WATER SYSTEM
22 PROPERTY AT THE EMBREEVILLE CENTER THROUGH THE LANDS OF THE
23 COUNTY OF CHESTER, DATED FEBRUARY 2, 2000, SITUATE IN NEWLIN
24 TOWNSHIP, CHESTER COUNTY, BOUNDED AND MORE PARTICULARLY
25 DESCRIBED AS FOLLOWS:
26 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE
27 TOWNSHIP OF NEWLIN, COUNTY OF CHESTER, COMMONWEALTH OF
28 PENNSYLVANIA, DESCRIBED IN ACCORDANCE WITH THE PLAN OF WATER
29 SYSTEM PROPERTY AT THE EMBREEVILLE CENTER PREPARED BY
30 PHILADELPHIA SUBURBAN WATER COMPANY, PLAN NO. A-4745, SHEETS 1
19990S1178B2328 - 36 -
1 AND 2, DATED FEBRUARY 2, 2000, BEING MORE FULLY DESCRIBED AS
2 FOLLOWS, TO WIT:
3 BEGINNING AT A POINT ON THE TITLE LINE OF EMBREEVILLE ROAD,
4 (L.R.273), PA. ROUTE 162, (40 FEET WIDE), AT A P.K. NAIL FOUND
5 AND ALSO BEING A COMMON CORNER OF THE LANDS OF PHILADELPHIA
6 SUBURBAN WATER COMPANY AND SAID GRANTOR.
7 THENCE FROM SAID POINT OF BEGINNING AND CONTINUING ALONG SAID
8 TITLE LINE NORTH 57 DEGREES 19 MINUTES 46 SECONDS EAST, A
9 DISTANCE OF 263.64 FEET TO A POINT;
10 THENCE THROUGH THE LANDS OF SAID GRANTOR THE FIVE (5)
11 FOLLOWING COURSES AND DISTANCES:
12 1. SOUTH 36 DEGREES 57 MINUTES 30 SECONDS EAST, A
13 DISTANCE OF 204.08 FEET TO AN IRON PIN SET, CROSSING AN IRON
14 PIN SET ON THE EXISTING RIGHT-OF-WAY LINE OF EMBREEVILLE
15 ROAD;
16 2. THENCE SOUTH 52 DEGREES 38 MINUTES 58 SECONDS WEST, A
17 DISTANCE OF 352.91 FEET TO AN IRON PIN SET;
18 3. THENCE NORTH 36 DEGREES 57 MINUTES 30 SECONDS WEST, A
19 DISTANCE OF 96.05 FEET TO AN IRON PIN SET ON THE EXISTING
20 PROPERTY LINE OF THE LANDS OF PHILADELPHIA SUBURBAN WATER
21 COMPANY;
22 4. THENCE ALONG SAID EXISTING PROPERTY LINE NORTH 52
23 DEGREES 38 MINUTES 58 SECONDS EAST, A DISTANCE OF 90.00 FEET
24 TO AN IRON PIN FOUND ON A COMMON CORNER OF THE LANDS OF
25 PHILADELPHIA SUBURBAN WATER COMPANY AND SAID GRANTOR;
26 5. THENCE CONTINUING ALONG THE LANDS OF PHILADELPHIA
27 SUBURBAN WATER COMPANY NORTH 36 DEGREES 57 MINUTES 30 SECONDS
28 WEST, A DISTANCE OF 129.54 FEET TO THE FIRST MENTIONED POINT
29 AND PLACE OF BEGINNING, CROSSING AN IRON PIN FOUND AT 103.54
30 FEET;
19990S1178B2328 - 37 -
1 CONTAINING: 1.50 ACRES MORE OR LESS.
2 Section 8 14. Effective date. <--
3 This act shall take effect immediately.
J25L85MRD/19990S1178B2328 - 38 -