HOUSE AMENDED
PRIOR PRINTER'S NOS. 2028, 2110 PRINTER'S NO. 2168
No. 1453 Session of 2002
INTRODUCED BY THOMPSON, JUNE 4, 2002
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 27, 2002
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Department of Transportation and the
3 Governor, to grant and convey to the West Chester Area School
4 District, certain lands in West Goshen Township, Chester
5 County; AUTHORIZING AND DIRECTING THE DEPARTMENT OF GENERAL <--
6 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
7 CONVEY TO THE DEPARTMENT OF CONSERVATION AND NATURAL
8 RESOURCES, CERTAIN LANDS SITUATE IN THE CITY OF PHILADELPHIA,
9 PHILADELPHIA COUNTY; AND AUTHORIZING AND DIRECTING THE
10 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
11 GOVERNOR, TO GRANT AND CONVEY TO PENNSYLVANIA SUBURBAN WATER
12 COMPANY (AS SUCCESSOR TO PHILADELPHIA SUBURBAN WATER COMPANY
13 BY MERGER), CERTAIN LANDS SITUATE IN CANAAN TOWNSHIP, WAYNE
14 COUNTY, AND CARBONDALE AND FELL TOWNSHIPS IN LACKAWANNA
15 COUNTY.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Conveyance in West Goshen Township, Chester County.
19 (a) Authorization.--The Department of General Services, with
20 the approval of the Department of Transportation and the
21 Governor, is hereby authorized on behalf of the Commonwealth of
22 Pennsylvania to grant and convey to the West Chester Area School
23 District, the Department of Transportation's Chester County
1 Maintenance Facility, land and buildings described in subsection
2 (b) for fair market value as determined by independent
3 appraisal.
4 (b) Legal description of land.--The property to be conveyed
5 pursuant to this section consists of the Department of
6 Transportation's Chester County Maintenance Facility, bounded
7 and more particularly described as all that certain piece or
8 parcel of land in West Goshen Township, Chester County,
9 Pennsylvania bounded and described as follows:
10 PARCEL 1
11 BEGINNING at a point, an iron pipe, in the lands of Edward
12 Haley and Thomas F. Haley (Deceased) on the production of the
13 north building line of Biddle Street, said point being 16.11
14 feet in an easterly direction from a brass plug in the concrete
15 roadway of State Highway Application 7326; thence along said
16 State Highway Application N. 23 degrees W. a distance of 330.31
17 feet to an iron pipe, the corner of lands of Edward Haley and
18 Thomas F. Haley (Deceased) and the West Chester Nursery Company;
19 said iron pipe being 16.11 feet in an easterly direction from a
20 brass plug in the concrete roadway of State Highway Application
21 7326; thence by the lands of Edward Haley and Thomas F. Haley,
22 (Deceased) and the West Chester Nursery Company N. 67 degrees E.
23 a distance of 534.00 feet to a concrete monument in the line of
24 lands of Hannah Parker; thence by the lands of Edward Haley, and
25 Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52
26 minutes 42 seconds E. a distance of 131.13 feet to a point;
27 thence by the lands of Edward Haley and Thomas F. Haley
28 (Deceased) and George H. Kelling S. 26 degrees 52 minutes 42
29 seconds E. a distance of 59 feet to a point; thence thru the
30 lands of Edward Haley and Thomas F. Haley (Deceased) S. 26
20020S1453B2168 - 2 -
1 degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an
2 iron pipe; thence continuing thru the lands of Edward Haley and
3 Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a
4 distance of 86.07 feet, to an iron pipe on the production of the
5 North Building Line of Biddle Street; thence along the
6 production of the north building line of Biddle Street, thru the
7 lands of Edward Haley and Thomas F. Haley (Deceased) S. 66
8 degrees 44 minutes W. a distance of 542.00 feet to the point of
9 BEGINNING.
10 Containing 4.110 acres, be the same more or less.
11 PARCEL 2
12 TRACT 1 - BEGINNING at an iron pipe on the easterly side of
13 Montgomery Avenue, State Application 7326, said pipe being on
14 the legal right of way line and on the line dividing the lands
15 of Edward D. Haley and the Commonwealth of Pennsylvania,
16 Department of Highways; thence along lands of the said
17 Commonwealth of Pennsylvania, Department of Highways, North
18 sixty six degrees, forty four minutes East, a distance of five
19 hundred forty nine (549.00) feet to an iron pipe in the line of
20 lands of E. Duie Pyle South twenty two degrees, five minutes
21 East, a distance of one hundred fifty six and thirty hundreths
22 (156.30) feet to an iron pipe; thence South sixty seven degrees
23 West, a distance of five hundred forty six and fifty hundredths
24 (546.50) feet to an iron pipe on the easterly side of said
25 Montgomery Avenue, State Aid Application 7326; thence along the
26 legal right of way line of said Montgomery Avenue, State Aid
27 Application 7326, North twenty three degrees West, a distance of
28 one hundred fifty three and forty four hundredths (153.44) feet
29 to the point of BEGINNING and containing one and nine thousand
30 four hundred fifty four ten thousandths (1.9454) acres more or
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1 less, with the privilege of entering upon adjoining land to
2 clean the aforesaid ditch and subject to the privilege to the
3 owners of adjoining land through which the said ditch passes of
4 entering upon the lots hereby granted and cleaning the said
5 ditch whenever it may become obstructed.
6 TRACT 2 - BEGINNING at an iron pipe on the easterly side of
7 Montgomery Avenue, State Aid Application 7326, said pipe being
8 on the legal right of way line and the line of lands of Edward
9 D. Haley; thence North sixty seven degrees East, a distance of
10 five hundred forty six and fifty hundredths (546.50) feet to an
11 iron pipe in line of lands of E. Duie Pyle; thence along the
12 lands of E. Duie Pyle South seventeen degrees forty four minutes
13 East, a distance of eighteen and ninety nine hundredths (18.99)
14 feet to an iron pipe in the line of lands of the West Chester
15 Paper Box Company, Inc.; thence along the lands of said West
16 Chester Paper Box Company Inc. and Edward D. Haley South sixty
17 seven degrees, six minutes, thirty seconds West, a distance of
18 five hundred forty five (545.00) feet to an iron pipe on the
19 easterly side of said Montgomery Avenue, State Aid Application
20 7326; thence along the legal right of way line of said
21 Montgomery Avenue, State Aid Application 7326, North twenty
22 three degrees West, a distance of seventeen and eighty eight
23 hundredths (17.88) feet to the point of BEGINNING and containing
24 two thousand two hundred forty one ten thousandths (0.2241)
25 acres more or less, with the privilege of entering upon
26 adjoining land to clean the aforesaid ditch and subject to the
27 privilege to the owners of adjoining land through which the said
28 ditch passes of entering upon the lots hereby granted and
29 cleaning said ditch whenever it may become obstructed.
30 (c) Conditions.--The conveyance shall be made under and
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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 (d) Deed.--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 (e) Costs and fees.--Costs and fees incidental to this
12 conveyance shall be borne by the Grantee.
13 (f) Deposit of proceeds.--The proceeds from the sale shall
14 be deposited in the Motor License Fund to pay for costs and fees
15 incurred for a new Chester County Maintenance Facility as well
16 as the costs and fees incurred by the Department of General
17 Services as authorized under section 2406-A of the act of April
18 9, 1929 (P.L.177, No.175), known as The Administrative Code of
19 1929.
20 (g) Alternate disposition.--In the event that this
21 conveyance is not executed within 12 months of the effective
22 date of this act, the property may be disposed of in accordance
23 with section 2406-A of the Administrative Code of 1929. The
24 proceeds from the sale shall be deposited in accordance with
25 subsection (f).
26 SECTION 2. PHILADELPHIA COUNTY. <--
27 (A) CONVEYANCE AUTHORIZED.--THE DEPARTMENT OF GENERAL
28 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
29 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
30 PENNSYLVANIA TO GRANT AND CONVEY TO THE DEPARTMENT OF
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1 CONSERVATION AND NATURAL RESOURCES, CERTAIN LANDS SITUATE IN THE
2 CITY OF PHILADELPHIA, PHILADELPHIA COUNTY AS MORE FULLY
3 DESCRIBED IN SUBSECTION (B).
4 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
5 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 47.88 ACRES,
6 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
7 TRACT ONE
8 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS
9 AND IMPROVEMENTS ERECTED THEREON SITUATE IN THE FIFTY-EIGHT WARD
10 OF THE CITY OF PHILADELPHIA AND DESCRIBED AS FOLLOWS (SUBJECT TO
11 AN OFFICIAL SURVEY AND PLAN):
12 BEGINNING AT A POINT ON THE SOUTHWESTERLY SIDE OF SOUTHAMPTON
13 ROAD (SIXTY FEET WIDE) THE TWO FOLLOWING COURSES AND DISTANCES
14 FROM THE NORTHWESTERLY SIDE OF THE ROOSEVELT BOULEVARD (TWO
15 HUNDRED FIFTY-FOUR FEET WIDE): (1) NORTH FORTY-TWO DEGREES
16 FIFTY-FOUR MINUTES FORTY SECONDS WEST ALONG THE SOUTHWESTERLY
17 SIDE OF SAID SOUTHAMPTON ROAD THE DISTANCE OF EIGHT HUNDRED
18 SEVENTY-THREE AND THREE HUNDRED THIRTY-FIVE FEET TO AN ANGLE
19 POINT; AND (2) NORTH FORTY-FIVE DEGREES SIX MINUTES FORTY
20 SECONDS WEST ALONG THE SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON
21 ROAD THE DISTANCE OF TWO HUNDRED SIX AND ONE HUNDRED SIXTY-EIGHT
22 ONE-THOUSANDTHS FEET TO SAID BEGINNING POINT; THENCE EXTENDING
23 SOUTH FORTY-EIGHT DEGREES FORTY-SIX MINUTES FIFTY SECONDS WEST
24 THE DISTANCE OF NINE HUNDRED SEVENTY-ONE AND SIXTY-NINE ONE-
25 THOUSANDTHS FEET TO A POINT; THENCE EXTENDING NORTH FORTY-FOUR
26 DEGREES FORTY-SIX MINUTES FIFTY-FOUR SECONDS WEST THE DISTANCE
27 OF NINE HUNDRED FIFTY-SEVEN AND FOUR HUNDRED SEVENTY-FOUR ONE-
28 THOUSANDTHS FEET TO A POINT; THENCE EXTENDING NORTH FORTY-THREE
29 DEGREES NINE MINUTES ONE SECOND EAST THE DISTANCE OF NINE
30 HUNDRED FIFTY-NINE AND SEVEN HUNDRED SIXTY-SEVEN ONE-THOUSANDTHS
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1 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON
2 ROAD; THENCE EXTENDING SOUTH FIFTY-FOUR DEGREES TEN MINUTES
3 EIGHT SECONDS EAST ALONG THE SOUTHWESTERLY SIDE OF SAID
4 SOUTHAMPTON ROAD THE DISTANCE OF TWENTY-FIVE AND FOUR HUNDRED
5 ONE-THOUSANDTHS FEET TO AN ANGLE POINT; THENCE EXTENDING SOUTH
6 FORTY-FIVE DEGREES SIX MINUTES FORTY SECONDS EAST ALONG THE
7 SOUTHWESTERLY SIDE OF SAID SOUTHAMPTON ROAD THE DISTANCE OF ONE
8 THOUSAND TWENTY-SEVEN AND FOUR HUNDRED ONE ONE-THOUSANDTHS FEET
9 TO A POINT, BEING THE FIRST MENTIONED POINT AND PLACE OF
10 BEGINNING.
11 CONTAINING IN AREA NINE HUNDRED SEVENTY THOUSAND NINE HUNDRED
12 THIRTY-EIGHT SQUARE FEET OR TWENTY-TWO AND TWO THOUSAND EIGHT
13 HUNDRED SEVENTY-FOUR TEN-THOUSANDTHS ACRES.
14 TRACT TWO
15 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS
16 AND IMPROVEMENTS ERECTED THEREON SITUATE IN THE FIFTY-EIGHTH
17 WARD OF THE CITY OF PHILADELPHIA AND DESCRIBED AS FOLLOWS
18 (SUBJECT TO AN OFFICIAL SURVEY AND PLAN);
19 BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY
20 SIDE OF CARTER ROAD (FORTY-SIX AND FIFTY ONE-HUNDREDTHS FEET
21 WIDE) AND NORTHEASTERLY SIDE OF SOUTHAMPTON ROAD (SIXTY FEET
22 WIDE); THENCE EXTENDING NORTH FORTY-ONE DEGREES FOUR MINUTES
23 TWENTY-TWO SECONDS EAST ALONG THE SOUTHWESTERLY SIDE OF SAID
24 CARTER ROAD THE DISTANCE OF ONE THOUSAND FOUR HUNDRED THREE AND
25 THREE HUNDRED TEN ONE-THOUSANDTHS FEET TO AN ANGLE POINT; THENCE
26 CONTINUING ALONG THE SOUTHEASTERLY SIDE OF SAID CARTER ROAD THE
27 DISTANCE OF NINE HUNDRED TWENTY-EIGHT AND FOUR HUNDRED FORTY-TWO
28 ONE-THOUSANDTHS FEET TO A POINT; THENCE EXTENDING SOUTH FORTY-
29 THREE DEGREES FIFTY-THREE MINUTES TWENTY-EIGHT SECONDS EAST THE
30 DISTANCE OF FOUR HUNDRED FEET TO AN ANGLE POINT; THENCE
20020S1453B2168 - 7 -
1 EXTENDING SOUTHWESTWARDLY ALONG A LINE THE DISTANCE OF
2 APPROXIMATELY TWO HUNDRED TWENTY-ONE FEET TO AN ANGLE POINT;
3 THENCE EXTENDING WESTWARDLY ALONG A LINE THE DISTANCE OF
4 APPROXIMATELY FORTY-FOUR FEET TO A POINT; THENCE EXTENDING
5 SOUTHWARDLY ALONG A LINE THE DISTANCE OF APPROXIMATELY THIRTY-
6 FIVE FEET TO AN ANGLE POINT; THENCE EXTENDING SOUTHWESTWARDLY
7 ALONG A LINE THE DISTANCE OF APPROXIMATELY TWO THOUSAND FORTY-
8 TWO FEET TO A POINT ON THE NORTHEASTERLY SIDE OF SAID
9 SOUTHAMPTON ROAD; THENCE EXTENDING NORTH FORTY-FIVE DEGREES SIX
10 MINUTES FORTY SECONDS WEST ALONG THE NORTHEASTERLY SIDE OF SAID
11 SOUTHAMPTON ROAD THE DISTANCE OF APPROXIMATELY FIVE HUNDRED TWO
12 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF SAID CARTER ROAD,
13 BEING THE FIRST MENTIONED POINT AND PLACE OF BEGINNING.
14 CONTAINING IN AREA ONE MILLION ONE HUNDRED FIFTEEN THOUSAND
15 ONE HUNDRED NINETY-THREE SQUARE FEET OR TWENTY-FIVE AND SIX
16 TENTHS ACRES.
17 (C) CONDITIONS.--THIS CONVEYANCE SHALL BE MADE UNDER AND
18 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
19 RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
20 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
21 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
22 SUBJECT TO ANY OTHER EASEMENT OF RECORD. THE GRANTEE SHALL BE
23 RESPONSIBLE FOR PAYMENT OF ALL COSTS ASSOCIATED WITH THE
24 TRANSFER, INCLUDING, BUT NOT LIMITED TO, THOSE INVOLVING THE
25 REMOVAL OF THE STRUCTURES, HAZARDOUS WASTE AND DEBRIS FROM THE
26 PROPERTY TO INSURE THAT THE PROPERTY WILL BE FREE FROM ALL
27 HAZARDOUS MATERIAL.
28 (D) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
29 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
30 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
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1 (E) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
2 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
3 SECTION 3. CONVEYANCE IN WAYNE COUNTY AND LACKAWANNA COUNTY.
4 (A) CONVEYANCE AUTHORIZED.--THE DEPARTMENT OF GENERAL
5 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
6 AUTHORIZED AND DIRECTED ON BEHALF OF THE COMMONWEALTH OF
7 PENNSYLVANIA TO GRANT AND CONVEY TO PENNSYLVANIA SUBURBAN WATER
8 COMPANY (AS SUCCESSOR TO PHILADELPHIA SUBURBAN WATER COMPANY BY
9 MERGER), CERTAIN LANDS AND IMPROVEMENTS THEREON SITUATE ON THE
10 GROUNDS OF THE STATE CORRECTIONAL INSTITUTION AT WAYMART, NORTH
11 OF STATE ROUTE 0006 AND DESCRIBED IN SUBSECTION (B), ALONG WITH
12 A WATER UTILITY EASEMENT ON THE GROUNDS OF THE STATE
13 CORRECTIONAL INSTITUTION AT WAYMART AS MORE FULLY DESCRIBED IN
14 SUBSECTION (C), SUBJECT TO SUCH CONSIDERATION AND TERMS AS ARE
15 PROVIDED IN A LEASE WITH OPTION TO PURCHASE AGREEMENT WITH THE
16 DEPARTMENT OF GENERAL SERVICES, DATED MARCH 12, 2002.
17 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED
18 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 390-ACRES OF
19 LAND BOUNDED AND DESCRIBED ACCORDING TO A METES AND BOUNDS
20 DESCRIPTION PREPARED BY ALFRED K. BUCCONEAR, REGISTERED
21 PROFESSIONAL LAND SURVEYOR. THESE LANDS ARE COMPRISED OF SIX (6)
22 TRACTS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
23 TRACT ONE
24 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LYING,
25 SITUATE AND BEING IN THE TOWNSHIP OF CANAAN, COUNTY OF WAYNE AND
26 COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,
27 TO WIT:
28 BEGINNING AT THE SOUTHERLY CORNER OF A TRACT OF LAND IN THE
29 WARRANTEE NAME OF JAMES CHAPMAN, BEING ALSO A NORTHERLY CORNER
30 OF A TRACT OF LAND IN THE WARRANTEE NAME OF BENJAMIN MASON;
20020S1453B2168 - 9 -
1 THENCE SOUTH NINE AND ONE QUARTER DEGREES EAST SIXTY NINE AND
2 NINE TENTHS RODS TO A CORNER; THENCE BY A PARCEL OF LAND
3 CONTAINING ONE ACRE, HERETOFORE CONVEYED BY THE PRESIDENT,
4 MANAGERS AND COMPANY OF THE DELAWARE AND HUDSON CANAL COMPANY TO
5 J. B. FITZSIMMONS, NORTH SEVENTY SIX DEGREES WEST EIGHT AND
6 NINETY FIVE ONE HUNDREDTHS RODS, SOUTH NINE AND ONE QUARTER
7 DEGREES EAST TWENTY RODS, SOUTH SEVENTY SIX DEGREES EAST SEVEN
8 AND THIRTY FIVE ONE HUNDREDTHS RODS TO A CORNER ON THE NORTHERLY
9 SIDE OF THE HONESDALE AND CLARKSVILLE TURNPIKE; THENCE SOUTH SIX
10 AND ONE HALF DEGREES WEST SIXTEEN AND FIVE TENTHS RODS OR
11 THEREABOUTS TO THE CENTER OF THE OLD GRAVITY PLANE NO. 20,
12 THENCE UP THE CENTER OF SAID OLD GRAVITY PLANE NO. 20 TWENTY
13 NINE RODS TO THE CENTER OF THE HIGHWAY CROSSING SAID PLANE;
14 THENCE SOUTH WESTERLY ALONG THE CENTER OF THE SAID HIGHWAY TWO
15 HUNDRED FEET TO A CORNER; THENCE NORTH WESTERLY PARALLEL WITH
16 THE CENTER LINE OF THE OLD GRAVITY PLANE NO. 20, FOUR HUNDRED
17 AND EIGHTY FEET OR THEREABOUTS TO A POINT DISTANT ONE HUNDRED
18 FEET, NORTH EASTERLY AT RIGHT ANGLES, FROM THE CENTER OF THE
19 MAIN LINE ON THE HONESDALE DIVISION OF THE DELAWARE AND HUDSON
20 COMPANY; THENCE IN A NORTH WESTERLY DIRECTION BY A LINE PARALLEL
21 WITH AND DISTANT ONE HUNDRED FEET NORTH EASTERLY AT RIGHT ANGLES
22 FROM THE CENTER OF SAID MAIN LINE TO THE SOUTH EASTERLY LINE OF
23 A TRACT OF LAND IN THE WARRANTEE NAME OF HENRY ELLIS; THENCE IN
24 A NORTH WESTERLY DIRECTION EIGHT HUNDRED AND TWENTY FEET OR
25 THEREABOUTS TO A STONE POST MARKING THE NORTH EASTERLY CORNER OF
26 A TRACT OF LAND HERETOFORE CONVEYED TO THE DELAWARE AND HUDSON
27 CANAL COMPANY, BY THOMAS THOMAS, ETAL BY DEED DATED DECEMBER 1,
28 1857; THENCE NORTH FORTY SEVEN DEGREES EAST NINETY EIGHT RODS TO
29 A CORNER IN THE SOUTHWESTERLY LINE OF SAID JAMES CHAPMAN TRACT;
30 AND THENCE BY THE SAID LINE OF SAID TRACT SOUTH FORTY FOUR AND
20020S1453B2168 - 10 -
1 THREE QUARTERS DEGREES EAST TWO HUNDRED AND THIRTEEN (213) RODS
2 TO THE PLACE OF BEGINNING. BEING PART OF TWO TRACTS OF LAND IN
3 THE WARRANTEE NAMES OF HENRY ELLIS AND BENJAMIN MASON; AND
4 CONTAINING ONE HUNDRED AND SIXTY FOUR (164) ACRES OF LAND OR
5 THEREABOUTS; AND BEING PART OF A LARGER TRACT OF LAND CONVEYED
6 TO THE PRESIDENT, MANAGERS AND COMPANY OF THE DELAWARE AND
7 HUDSON CANAL COMPANY BY LUCY ROGERS AND OTHERS, BY DEED DATED
8 MARCH 31, 1857, AND RECORDED IN THE OFFICE FOR THE RECORDING OF
9 DEEDS & ETC. IN AND FOR WAYNE COUNTY, IN DEED BOOK NO. 25, PAGE
10 52, AS BY REFERENCE THERETO WILL MORE FULLY APPEAR.
11 BEING PART OF THE SAME PREMISES WHICH THE DELAWARE AND HUDSON
12 COMPANY (FORMERLY THE PRESIDENT, MANAGERS, AND COMPANY OF THE
13 DELAWARE AND HUDSON CANAL COMPANY), BY INDENTURE, DATED FEBRUARY
14 19, 1907, AND RECORDED IN WAYNE COUNTY DEED BOOK VOLUME 97 AT
15 PAGE 98, GRANTED, CONVEYED, RELEASED AND REMISED TO THE
16 COMMONWEALTH OF PENNSYLVANIA, GRANTOR HEREIN.
17 EXCEPTING AND RESERVING, UNTO THE GRANTOR HEREIN, ITS
18 SUCCESSORS AND ASSIGNS, ALL LANDS OF TRACT ONE, WHICH ARE
19 LOCATED SOUTHERLY OF THE CENTER OF THE RIGHT OF WAY OF ROUTE
20 6/STATE ROUTE 0006.
21 EXCEPTING AND RESERVING, UNTO THE GRANTOR HEREIN, ITS
22 SUCCESSORS AND ASSIGNS, A CERTAIN PARCEL OF LAND, DESCRIBED AS
23 FOLLOWS, TO WIT:
24 BEGINNING AT A POINT OR CORNER, LOCATED IN THE CENTER OF THE
25 RIGHT OF WAY OF ROUTE 6/STATE ROUTE 0006, AT THE INTERSECTION,
26 WITH A CERTAIN ENTRANCE/EXIT ROADWAY, LEADING SOUTH, INTO AND
27 THROUGH, LANDS OF THE COMMONWEALTH OF PENNSYLVANIA (D.B. 97,
28 P.98 - THE FIRST (PARCEL) THEREOF:); THENCE, ALONG THE CENTER OF
29 THE RIGHT OF WAY OF THE AFORESAID ROUTE 6/STATE ROUTE 0006, THE
30 FOLLOWING TWO, CURVILINEAR AND/OR CHORD, COURSES AND DISTANCES:
20020S1453B2168 - 11 -
1 ALONG THE ARC OF A CURVE TO THE RIGHT, IN A NORTHWESTERLY
2 DIRECTION, HAVING A CENTRAL ANGLE OF 11 DEGREES 35 MINUTES 51
3 SECONDS, WITH A RADIUS OF 1432.69 FEET, A DISTANCE OR ARC LENGTH
4 OF 290.00 FEET TO A POINT OR CORNER AND NORTH 61 DEGREES 29
5 MINUTES 09 SECONDS WEST 85.01 FEET TO A POINT OR CORNER; THENCE,
6 DEPARTING FROM SAID PUBLIC HIGHWAY AND THROUGH LANDS OF THE
7 COMMONWEALTH OF PENNSYLVANIA (D.B. 97, P. 98 - THE FIRST
8 (PARCEL) THEREOF:); THE FOLLOWING FOUR COURSES AND DISTANCES:
9 NORTH 27 DEGREES 36 MINUTES 54 SECONDS EAST 403.77 FEET TO AN
10 IRON PIN CORNER SET, LOCATED SOUTHWESTERLY OF A CERTAIN PRIVATE
11 ROADWAY; THENCE, SOUTH 62 DEGREES 23 MINUTES 06 SECONDS EAST
12 100.00 FEET TO AN IRON PIN CORNER SET, LOCATED SOUTHWESTERLY OF
13 THE AFORESAID PRIVATE ROADWAY; THENCE, SOUTH 24 DEGREES 43
14 MINUTES 05 SECONDS EAST 344.28 FEET TO AN IRON PIN CORNER SET,
15 LOCATED SOUTHWESTERLY OF THE AFORESAID PRIVATE ROADWAY AND;
16 THENCE, SOUTH 27 DEGREES 18 MINUTES 14 SECONDS WEST (CROSSING A
17 CERTAIN PRIVATE DRIVEWAY, AT 40 FEET (MORE OR LESS), WHICH
18 EXTENDS NORTHWESTERLY FROM ITS INTERSECTION WITH THE AFORESAID
19 PRIVATE ROADWAY REFERENCED HEREIN) 170.00 FEET TO THE PLACE OF
20 BEGINNING. CONTAINING, WITHIN BOUNDS, 2.7580 ACRES OF LAND,
21 INCLUSIVE OF THAT AREA OCCUPIED BY PUBLIC HIGHWAY AND UTILITY
22 COMPANIES, EASEMENTS AND RIGHTS OF WAY AND SUPPORTING VARIOUS
23 IMPROVEMENTS LOCATED THEREON.
24 ALSO, RESERVING, UNTO THE GRANTOR AND GRANTEE HEREIN, THEIR
25 RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS, AND OTHERS HAVING
26 LAWFUL CLAIM, THE COMMON OR JOINT RIGHT OF USE, ALONG AND OVER,
27 THE TRAVELWAY (BEING 15 FEET, MORE OR LESS, IN WIDTH) OF THE
28 PRIVATE DRIVEWAY AND THE PRIVATE ROADWAY REFERENCED HEREIN. THE
29 SUBJECT ROAD NETWORK EXTENDS, NORTHERLY, FROM THE CENTER OF THE
30 RIGHT OF WAY OF ROUTE 6/STATE ROUTE 0006, THROUGH LANDS HEREIN
20020S1453B2168 - 12 -
1 CONVEYED, TO THE SOUTHERLY BOUNDARY (RE: SOUTH 27 DEGREES 18
2 MINUTES 14 SECONDS WEST 170.00 FEET) OF THE PREMISES HEREIN
3 DESCRIBED. THIS ROAD NETWORK SHALL BE USED FOR THE PURPOSE OF
4 INGRESS, EGRESS AND REGRESS FOR PEDESTRIAN AND VEHICULAR TRAVEL.
5 EXCEPTING AND RESERVING, THEREOUT AND THEREFROM, A CERTAIN
6 PARCEL, CONTAINING 2.97 ACRES OF LAND, WHICH THE COMMONWEALTH OF
7 PENNSYLVANIA, ACTING BY AND THROUGH DAVID L. JANNETTA, SECRETARY
8 OF THE DEPARTMENT OF GENERAL SERVICES, AN ADMINISTRATIVE
9 DEPARTMENT OF THE COMMONWEALTH OF PENNSYLVANIA, WITH THE
10 APPROVAL OF THE GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, BY
11 INDENTURE, DATED MARCH 8, 1991 AND RECORDED IN WAYNE COUNTY
12 RECORD BOOK VOLUME 0562 AT PAGE 0183, GRANTED AND CONVEYED TO
13 ADAMS CATV, INC. ALSO, RESERVING, UNTO THE SAID ADAMS CATV,
14 INC., ITS SUCCESSORS AND ASSIGNS, A CERTAIN 33 FOOT RIGHT OF WAY
15 RUNNING FROM STATE ROUTE 0006 TO THE WESTERLY SIDE LINE OF THE
16 AFORESAID 2.97 ACRE PARCEL (SEE WAYNE COUNTY MAP BOOK VOLUME 74
17 AT PAGE 09).
18 TRACT TWO (CONSISTING OF TWO PARCELS)
19 ALL THOSE TWO CERTAIN TRACTS OR PARCELS OF LAND IN THE
20 TOWNSHIP OF CANAAN, IN THE COUNTY OF WAYNE AND STATE OF
21 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT:
22 THE FIRST PARCEL THEREOF, BEGINNING AT A POINT IN THE LINE
23 BETWEEN LANDS NOW OR FORMERLY OF GEORGE L. MORSS AND THE ESTATE
24 OF NOAH ROGERS DECEASED, SIXTY FIVE (65) RODS FROM THE SOUTH
25 CORNER OF SAID MORSS LAND ON SAID TRACT, AND ABOUT SIX (6) RODS
26 NORTH EASTERLY FROM THE ABANDONED GRAVITY RAILROAD LINE OF THE
27 DELAWARE AND HUDSON COMPANY; THENCE SOUTH FORTY SIX AND TWO
28 THIRDS DEGREES SIXTY FIVE (65) RODS TO A STONE POST IN THE SOUTH
29 WESTERLY LINE OF A TRACT OF LAND IN THE WARRANTEE NAME OF HENRY
30 ELLIS; THENCE ALONG THE SOUTH WESTERLY ORIGINAL LINE OF SAID
20020S1453B2168 - 13 -
1 TRACT, NORTH FORTY THREE AND ONE THIRD DEGREES WEST TWO HUNDRED
2 TEN (210) RODS TO A CORNER; THENCE NORTH FORTY SIX AND TWO
3 THIRDS DEGREES EAST TEN (10) RODS TO A CORNER; AND THENCE BY A
4 STRAIGHT LINE TWO HUNDRED SEVENTEEN AND ONE TENTHS (217.1) RODS
5 TO THE PLACE OF BEGINNING. CONTAINING FORTY NINE AND TWO TENTHS
6 (49.2) ACRES BE THE SAME MORE OR LESS.
7 THE SECOND PARCEL THEREOF, BEGINNING AT A POST AND STONES
8 CORNER IN THE LINE OF LAND IN THE WARRANTEE NAME OF HENRY ELLIS,
9 BEING THE NORTHERLY CORNER OF LAND CONVEYED BY THE PRESIDENT,
10 MANAGERS AND COMPANY OF THE DELAWARE AND HUDSON CANAL COMPANY TO
11 FRANCIS WOLCOTT, AND KNOWN BY THE NAME OF THE TYMONS AND MCLANE
12 LOT; THENCE BY LAND OF SAID WOLCOTT NORTH SIXTY FOUR AND THREE
13 FOURTHS DEGREES WEST FIFTY TWO AND SEVEN TENTHS (52.7) RODS TO A
14 POST AND STONE CORNER; THENCE NORTH SEVENTY EIGHT AND THREE
15 FOURTHS DEGREES WEST TWENTY FIVE AND ONE FOURTHS (25-1/4) RODS
16 TO A POST AND STONES CORNER; THENCE NORTH ELEVEN AND ONE FOURTH
17 DEGREES EAST TWENTY SEVEN (27) RODS TO A POST AND STONES CORNER;
18 THENCE NORTH FORTY SIX AND ONE FOURTH DEGREES EAST ELEVEN AND
19 ONE FOURTHS (11 1/4) RODS TO A LINE OF LAND IN THE WARRANTEE
20 NAME OF HENRY ELLIS; AND THENCE BY SAID LINE SOUTH FORTY THREE
21 AND THREE FOURTHS DEGREES EAST EIGHTY FIVE AND FOUR TENTHS
22 (85.4) RODS TO THE PLACE OF BEGINNING. CONTAINING EIGHT (8)
23 ACRES AND SIXTY NINE (69) PERCHES BE THE SAME MORE OR LESS.
24 BEING THE SAME TWO TRACTS OF LAND CONVEYED TO THE HUDSON COAL
25 COMPANY BY THE DELAWARE AND HUDSON COMPANY BY DEED DATED
26 SEPTEMBER 28, 1908, AND RECORDED IN THE OFFICE FOR THE RECORDING
27 OF DEEDS IN AND FOR WAYNE COUNTY, IN DEED BOOK NO. NINETY NINE
28 (99) AT PAGE ONE HUNDRED AND FIFTEEN (115), AND BEING THE
29 TWELFTH AND THIRTEENTH PARCELS THEREIN DESCRIBED AS BY REFERENCE
30 THERETO WILL MORE FULLY APPEAR.
20020S1453B2168 - 14 -
1 BEING THE SAME PARCELS, RESPECTIVELY, OF THE SAME PREMISES,
2 WHICH THE HUDSON COAL COMPANY, BY INDENTURE, DATED JUNE 8, 1912,
3 AND RECORDED IN WAYNE COUNTY DEED BOOK VOLUME 105 AT PAGE 455,
4 REMISED, RELEASED AND QUIT-CLAIMED TO THE COMMONWEALTH OF
5 PENNSYLVANIA, GRANTOR HEREIN.
6 TRACT THREE (CONSISTING OF TWO PARCELS)
7 ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND BOUNDED AND
8 DESCRIBED AS FOLLOWS TO WIT:
9 THE FIRST PARCEL THEREOF, SITUATE IN THE TOWNSHIP OF CANAAN,
10 COUNTY OF WAYNE AND STATE OF PENNSYLVANIA AND BEING PART OF A
11 TRACT OF LAND IN THE WARRANTEE NAME OF HENRY ELLIS, SAID PART OF
12 SAID TRACT BEING BOUNDED AND DESCRIBED AS FOLLOWS TO WIT:
13 BEGINNING AT A STONES POST, THE WESTERLY CORNER OF A TRACT OF
14 LAND CONVEYED TO THE PARTY OF THE FIRST PART AND HERETO BY LUCY
15 ROGERS BY DEED DATED MARCH 31, 1857, AND HEREINAFTER RECITED;
16 THENCE BY LANDS OF THE HUDSON COAL COMPANY NORTH FORTY SEVEN
17 DEGREES EAST SIXTY FIVE (65) RODS TO A CORNER; THENCE BY LAND
18 HERETOFORE CONVEYED BY THE PARTY OF THE FIRST PART HERETO TO THE
19 PARTY OF THE SECOND PART HERETO BY DEED DATED FEBRUARY 19, 1907,
20 IN A SOUTHEASTERLY DIRECTION EIGHT HUNDRED TWENTY (820) FEET OR
21 THEREABOUTS TO A POINT DISTANT ONE HUNDRED (100) FEET NORTH
22 EASTERLY AT RIGHT ANGLES FROM THE CENTER OF THE MAIN LINE OF THE
23 HONESDALE DIVISION RAILROAD OF THE DELAWARE AND HUDSON COMPANY
24 THENCE IN A SOUTH WESTERLY DIRECTION BY A LINE PARALLEL WITH AND
25 DISTANT ONE HUNDRED (100) FEET NORTH WESTERLY AT RIGHT ANGLES
26 FROM THE CENTER LINE OF SAID MAIN LINE, FOURTEEN HUNDRED AND
27 SIXTY FIVE (1465) FEET OR THEREABOUTS TO A POINT IN THE SOUTH
28 WESTERLY LINE OF SAID HENRY ELLIS WARRANTEE TRACT, AND THENCE
29 ALONG THE SAME NORTH FORTY FOUR DEGREES WEST FORTY EIGHT (48)
30 FEET OR THEREABOUT TO THE PLACE OF BEGINNING. CONTAINING FIVE
20020S1453B2168 - 15 -
1 AND SIXTEENTHS (5.16) ACRES BE THE SAME MORE OR LESS. BEING PART
2 OF THE SAME LAND CONVEYED TO THE PRESIDENT, MANAGERS, AND
3 COMPANY OF THE DELAWARE AND HUDSON CANAL COMPANY BY LUCY ROGERS
4 AND OTHERS, BY DEED DATED MARCH 31, 1857, AND RECORDED IN THE
5 OFFICE FOR THE RECORDING OF DEEDS, ETC. IN AND FOR WAYNE COUNTY,
6 IN DEED BOOK TWENTY FIVE (25) PAGE FIFTY TWO (52) AS BY
7 REFERENCE THERETO WILL MORE FULLY APPEAR.
8 THE SECOND PARCEL THEREOF, SITUATE PARTLY IN THE TOWNSHIP OF
9 CANAAN, COUNTY OF WAYNE AND STATE OF PENNSYLVANIA, AND PARTLY IN
10 THE TOWNSHIP OF CARBONDALE, COUNTY OF LACKAWANNA AND STATE OF
11 PENNSYLVANIA, AND BEING PART OF A TRACT OF LAND IN THE WARRANTEE
12 NAME OF SOLOMON ELLIS SAID PART OF SAID TRACT BEING BOUNDED AND
13 DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A STONES POST IN THE
14 NORTHEASTERLY LINE OF SAID WARRANTEE TRACT AT THE WESTERLY
15 CORNER OF A TRACT OF LAND CONVEYED BY OWEN MCLANE ET AL TO THE
16 PRESIDENT, MANAGERS, AND COMPANY OF THE DELAWARE AND HUDSON
17 CANAL COMPANY BY DEED DATED OCTOBER 21, 1857; THENCE BY THE
18 AFORESAID TRACT SOUTH FORTY FOUR AND ONE HALF DEGREES ONE
19 HUNDRED AND TWELVE AND NINE TENTHS (112.9) RODS TO A STONE POST;
20 THENCE SOUTH FORTY SIX DEGREES WEST SEVENTY THREE AND TWO TENTHS
21 (73.2) RODS TO A STONE POST; THENCE NORTH FORTY FOUR AND ONE
22 HALF DEGREES WEST ONE HUNDRED AND TWELVE AND THREE TENTHS
23 (112.3) RODS TO A STONES CORNER IN THE NORTH WESTERLY LINE OF
24 SAID SOLOMON ELLIS TRACT; THENCE ALONG THE SAME NORTH FORTY FIVE
25 AND ONE HALF DEGREES EAST SEVENTY-THREE AND TWO TENTHS (73.2)
26 RODS TO THE PLACE OF BEGINNING, AND CONTAINING FIFTY (50) ACRES
27 OF LAND BE THE SAME MORE OR LESS. BEING THE SAME PARCEL OF LAND
28 REPUTED TO HAVE BEEN SOLD BY CONTRACT BY JOSEPH R. PRIESTLY,
29 ATTORNEY FOR THE HEIRS OF WILLIAM RUSSELL, DECEASED, DATED
30 FEBRUARY 8, 1843 TO PATRICK COLLETON AND BY AGREEMENT DATED
20020S1453B2168 - 16 -
1 FEBRUARY 11, 1854 SOLD BY CONTRACT BY PATRICK COLLETON TO THE
2 DELAWARE AND HUDSON CANAL COMPANY, AND WHICH TRACT OF LAND HAS
3 BEEN IN THE UNDISPUTED POSSESSION OF THE SAID DELAWARE AND
4 HUDSON CANAL COMPANY SINCE THE DATE OF THE AFORESAID CONTRACT OF
5 FEBRUARY 11, 1854.
6 TOGETHER WITH ALL THE RIGHT, TITLE AND PRIVILEGE TO ERECT AND
7 MAINTAIN A RESERVOIR ON ALL THAT CERTAIN TRACT OF LAND SITUATE
8 IN THE TOWNSHIP OF CANAAN, COUNTY OF WAYNE AND STATE OF
9 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A
10 POST AND STONES CORNER BEING THE NORTHERLY CORNER OF A TRACT OF
11 LAND IN THE WARRANTEE NAME OF SOLOMON ELLIS; THENCE BY LANDS OF
12 THE HUDSON COAL COMPANY SOUTH FORTY FOUR AND ONE HALF DEGREES
13 EAST ONE HUNDRED THIRTEEN AND ONE HALF (113 1/2) RODS TO A
14 CORNER OF LAND NOW OR LATE OF THE ESTATE OF ISAAC PLANT; THENCE
15 BY LANDS OF SAID ESTATE SOUTH FORTY SIX DEGREES WEST SEVENTY AND
16 NINE TENTHS (70.9) RODS TO A CORNER OF LAND KNOWN AS THE
17 COLLETON LOT BEING THE EASTERLY CORNER OF THE PARCEL OF LAND
18 LAST ABOVE DESCRIBED; THENCE BY SAID COLLETON LOT NORTH FORTY
19 FOUR AND ONE HALF DEGREES WEST ONE HUNDRED AND TWELVE AND NINE
20 TENTHS (112.9) RODS TO THE NORTHWESTERLY LINE OF A TRACT OF LAND
21 IN THE WARRANTEE NAME OF SOLOMON ELLIS AND THENCE BY SAID LINE
22 NORTH FORTY FIVE AND ONE HALF DEGREES EAST SEVENTY AND EIGHT
23 TENTHS (70.8) RODS TO THE PLACE OF BEGINNING. COMPRISING WHAT IS
24 KNOWN AS THE TYMONS AND MCLANE LOT, AND CONTAINING FIFTY (50)
25 ACRES AND THIRTY TWO (32) PERCHES BE THE SAME MORE OR LESS.
26 TOGETHER WITH THE RIGHT TO MAINTAIN SAID RESERVOIR UPON SAID
27 LOT TO ANY HEIGHT IT MAY DESIRE AND TO OVERFLOW SAID LOTS OR ANY
28 PART THEREOF WITHOUT ANY RESTRICTION AND TO DRAW TAKE AND USE
29 THE WATER FROM SAID RESERVOIR AT ITS DISCRETION AND FOR THIS
30 PURPOSE TO FORM, CONSTRUCT, ENLARGE, REPAIR, REBUILD, MAINTAIN,
20020S1453B2168 - 17 -
1 AND USE AT ITS DISCRETION ALL AND SINGULAR SUCH DEVICES,
2 FIXTURES, APPLIANCES, AND APPENDAGES FOR TAKING AND USING SAID
3 WATER, AS IT, ITS AGENTS OR ENGINEERS MAY AT ANY TIME DEEM
4 EXPEDIENT, AND ALSO THE UNRESTRICTED RIGHT TO RAISE THE DAM
5 ACROSS THE OUTLET OF SAID RESERVOIR TO ANY HEIGHT IT MAY DESIRE
6 AND FOR THIS PURPOSE TO TAKE AND USE ALL AND SINGULAR SUCH
7 MATERIALS FROM SAID DESCRIBED LOT AS IT, ITS AGENTS OR ENGINEERS
8 MAY DEEM NEEDFUL OR CONVENIENT, AND ALSO THE RIGHT AS AFORESAID
9 FOR ALL PURPOSES CONNECTED WITH THE USE AND ENLARGEMENT OF SAID
10 DAM THE UNRESTRICTED RIGHT OF INGRESS AND EGRESS TO UPON AND
11 FROM THE SAID LOTS FOR ITSELF AND ITS EMPLOYEES WITH TEAMS AND
12 IMPLEMENTS OF LABOR. BEING ALL THE RIGHTS RESERVED BY THE
13 PRESIDENT, MANAGERS, AND COMPANY OF THE DELAWARE AND HUDSON
14 CANAL COMPANY IN ITS DEED OF JUNE 29, 1869, TO FRANCES WOLCOTT
15 AND RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR
16 WAYNE COUNTY IN DEED BOOK NO. THIRTY EIGHT (38) PAGE FOUR
17 HUNDRED AND EIGHT SEVEN (487) AS BY REFERENCE THERETO WILL MORE
18 FULLY APPEAR.
19 BEING THE SAME PARCELS, RESPECTIVELY, OF THE SAME PREMISES,
20 WHICH THE DELAWARE AND HUDSON COMPANY (FORMERLY THE PRESIDENT,
21 MANAGERS, AND COMPANY OF THE DELAWARE AND HUDSON CANAL COMPANY),
22 BY INDENTURE, DATED MAY 27, 1912 AND RECORDED IN WAYNE COUNTY,
23 DEED BOOK VOLUME 105 AT PAGE 457, REMISED, RELEASED AND QUIT-
24 CLAIMED TO THE COMMONWEALTH OF PENNSYLVANIA, GRANTOR HEREIN.
25 EXCEPTING AND RESERVING FROM AND OUT OF THE ABOVE DESCRIBED
26 PARCELS OF LAND SO MUCH THEREOF AS IS USED OR OCCUPIED BY PUBLIC
27 HIGHWAYS.
28 TRACT FOUR (CONSISTING OF TWO PARCELS)
29 ALL THOSE CERTAIN PIECES, PARCELS OR TRACTS OF LAND LYING,
30 SITUATE AND BEING IN THE TOWNSHIP OF CANAAN, COUNTY OF WAYNE AND
20020S1453B2168 - 18 -
1 COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,
2 TO WIT:
3 THE FIRST PARCEL THEREOF, BEGINNING AT A CORNER ON THE
4 NORTHERLY MARGIN OF THE MAIN PUBLIC HIGHWAY LEADING FROM
5 HONESDALE TO CARBONDALE IN THE DIVISION LINE BETWEEN LANDS
6 FORMERLY OF GEORGE G. GILL AND LANDS OF RAY W. HULL, SAID CORNER
7 BEING THE NORTHEASTERLY CORNER OF THE SAID GILL LANDS; THENCE
8 NORTH ELEVEN DEGREES WEST TWELVE HUNDRED SEVENTY AND FIVE TENTHS
9 FEET TO A STAKE CORNER IN LINE OF THE SAID GILL LANDS; THENCE
10 NORTH EIGHTY DEGREES EAST TEN HUNDRED SIX AND FIVE TENTHS FEET
11 ALONG SAID GILL LANDS AND LANDS OF B.F. LONG TO A CONCRETE POST
12 CORNER; THENCE NORTH THIRTY DEGREES EAST SEVEN HUNDRED AND FIFTY
13 NINE FEET TO A CONCRETE POST CORNER; THENCE SOUTH TWENTY THREE
14 DEGREES AND THIRTY MINUTES EAST NINETEEN HUNDRED AND THIRTY ONE
15 FEET TO A CORNER IN A STONE WALL; THENCE SOUTH TWO DEGREES EAST
16 BY LANDS OF B.F. LONG AND THE WAYMART WATER COMPANY ONE HUNDRED
17 AND SIXTY FOUR FEET TO A POST AND STONES CORNER IN LINE OF LANDS
18 OF ELIZA R. SHAFFER; THENCE SOUTH EIGHTY DEGREES AND THIRTY
19 MINUTES WEST ALONG SAID SHAFFER LANDS FIVE HUNDRED AND SEVENTY
20 TWO FEET TO A POST CORNER; THENCE NORTH EIGHTEEN DEGREES AND
21 THIRTY MINUTES WEST FIVE HUNDRED AND FOURTEEN FEET TO A POST
22 CORNER; THENCE SOUTH SEVENTY NINE DEGREES WEST THREE HUNDRED AND
23 SIX FEET TO A POST CORNER; THENCE SOUTH NINETEEN DEGREES AND
24 FIFTEEN MINUTES EAST TWO HUNDRED AND EIGHTY FEET TO A POST
25 CORNER; THENCE SOUTH EIGHTY TWO DEGREES EAST ONE HUNDRED AND
26 FORTY SEVEN FEET TO A POST CORNER; THENCE SOUTH NINETEEN DEGREES
27 AND FIFTEEN MINUTES EAST ONE HUNDRED AND FORTY NINE FEET TO A
28 CORNER; THENCE SOUTH FORTY FOUR DEGREES EAST FIFTY ONE FEET TO A
29 MAPLE TREE FOR A CORNER IN LINE OF LANDS OF EVA M. PALMER;
30 THENCE SOUTH EIGHTY TWO DEGREES AND THIRTY MINUTES WEST ALONG
20020S1453B2168 - 19 -
1 SAID PALMER LANDS ONE HUNDRED AND THIRTY NINE FEET TO A CORNER;
2 THENCE SOUTH NO DEGREES AND FORTY FIVE MINUTES WEST ONE HUNDRED
3 AND FOURTEEN FEET TO A CORNER IN LINE OF LANDS OF HAROLD A.
4 REED; THENCE NORTH EIGHTY SEVEN DEGREES AND THIRTY MINUTES WEST
5 TWO HUNDRED AND TEN FEET TO A CORNER; THENCE SOUTH ONE DEGREE
6 EAST TWO HUNDRED AND EIGHT FEET TO THE NORTHERLY MARGIN OF THE
7 SAID MAIN PUBLIC HIGHWAY BETWEEN HONESDALE AND CARBONDALE;
8 THENCE ALONG THE SAID PUBLIC HIGHWAY IN A GENERAL WESTERLY
9 DIRECTION TEN HUNDRED AND FIFTY FEET TO THE PLACE OF BEGINNING.
10 CONTAINING APPROXIMATELY SIXTY ACRES OF LAND. BEING A PART OF
11 THE SAME LAND WHICH JOSEPH FELLOWS CONVEYED TO JOHN SHAFFER BY
12 DEED DATED SEPTEMBER 23, 1828 AND RECORDED IN WAYNE COUNTY DEED
13 BOOK NO. 11, PAGE 151, ETC. AND WHICH ALEXANDER MCMILLAN ETAL.,
14 BY ASSIGNMENT DATED FEBRUARY 26, 1876, CONVEYED TO JOHN SHAFFER,
15 JR. AS RECORDED IN DEED BOOK NO. 48, PAGE 143, ETC. AND BEING A
16 PART OF THE SAME LAND THAT MARY CLARK, AMY SHAFFER AND CARRIE E.
17 BETZ, SOLE HEIRS OF JOHN SHAFFER, CONVEYED TO RAY W. HULL BY
18 DEED DATED JANUARY 21, 1903, AND RECORDED IN DEED BOOK NO. 90,
19 PAGE 423, ETC. AND BEING A PART OF THE SAME LAND THAT RAY W.
20 HULL, BY HIS LAST WILL AND TESTAMENT DATED APRIL 1, 1916, AND
21 RECORDED IN THE REGISTER'S OFFICE OF WAYNE COUNTY WILLED AND
22 BEQUEATHED TO BERTHA E. HULL. AND BEING THE SAME LAND WHICH
23 BERTHA E. HULL BY HER DEED DATED OCTOBER 18, 1921, AND RECORDED
24 IN WAYNE COUNTY IN DEED BOOK NO. 117, PAGE 152, GRANTED AND
25 CONVEYED TO WILLIAM M. LYNCH.
26 THE SECOND PARCEL THEREOF, BEING ALL THAT OTHER CERTAIN LOT
27 OR PARCEL OF LAND SITUATE IN THE SAID TOWNSHIP OF CANAAN, COUNTY
28 OF WAYNE, AND STATE OF PENNSYLVANIA.
29 BEGINNING AT A CORNER ON THE NORTHERLY MARGIN OF THE SAID
30 MAIN PUBLIC HIGHWAY LEADING FROM HONESDALE TO CARBONDALE; SAID
20020S1453B2168 - 20 -
1 CORNER BEING THE SOUTHEASTERLY CORNER OF LANDS FORMERLY OF
2 GEORGE G. GILL, AND BEING IN THE DIVISION LINE BETWEEN SAID
3 GILL'S LANDS AND LANDS FORMERLY OF RAY W. HULL; THENCE NORTH
4 ELEVEN DEGREES WEST TWELVE HUNDRED SEVENTY AND FIVE TENTHS FEET
5 TO A POST CORNER; THENCE NORTH EIGHTY DEGREES EAST THREE HUNDRED
6 THIRTEEN AND FIVE TENTHS FEET TO AN IRON PIN FOR A CORNER IN
7 LINE OF LANDS OF B.F. LONG, FORMERLY THE PATTERSON ESTATE;
8 THENCE ALONG LANDS OF SAID LONG NORTH FORTY FOUR DEGREES AND
9 THIRTY MINUTES WEST NINE HUNDRED AND NINETY FEET TO AN IRON PIN
10 FOR A CORNER IN LINE OF LANDS OF THE R. MANVILLE ESTATE; THENCE
11 SOUTH FORTY FIVE DEGREES AND THIRTY MINUTES WEST ALONG SAID
12 MANVILLE LANDS NINE HUNDRED AND NINETY FEET TO A CONCRETE POST
13 FOR A CORNER IN LINE OF LANDS OF THE COMMONWEALTH OF
14 PENNSYLVANIA; THENCE ALONG SAID LANDS SOUTH NINE DEGREES AND
15 FIFTEEN MINUTES EAST FIVE HUNDRED FORTY SEVEN AND EIGHT TENTHS
16 FEET TO A CORNER IN LINE OF LANDS NOW OR FORMERLY OF H.D.
17 BURLEIGH; THENCE ALONG SAID BURLEIGH LANDS SOUTH TWENTY EIGHT
18 DEGREES AND THIRTY MINUTES EAST FIVE HUNDRED EIGHTY TWO AND
19 SEVENTY FIVE ONE HUNDREDTHS FEET TO A CORNER IN LINE OF LANDS OF
20 FRANK P. WOODWARD; THENCE ALONG SAID WOODWARD'S LINE NORTH SIXTY
21 ONE DEGREES AND THIRTY MINUTES EAST ONE HUNDRED AND THIRTY TWO
22 FEET TO A CORNER; THENCE STILL ALONG WOODWARD'S LANDS SOUTH
23 TWENTY EIGHT DEGREES AND THIRTY MINUTES EAST THREE HUNDRED AND
24 THIRTY FEET TO A CORNER IN THE NORTHERLY MARGIN OF THE SAID MAIN
25 PUBLIC HIGHWAY BETWEEN HONESDALE AND CARBONDALE, AND THENCE
26 ALONG SAID PUBLIC HIGHWAY THE FOLLOWING COURSES AND DISTANCES
27 NAMELY: NORTH SIXTY ONE DEGREES AND THIRTY MINUTES EAST, ONE
28 HUNDRED SEVENTY EIGHT AND FIVE TENTHS FEET; NORTH SIXTY SEVEN
29 DEGREES EAST ONE HUNDRED NINETY EIGHT FEET AND SOUTH EIGHTY
30 DEGREES EAST TWO HUNDRED NINETY SEVEN FEET TO THE PLACE OF
20020S1453B2168 - 21 -
1 BEGINNING. CONTAINING ABOUT FIFTY ACRES OF LAND, BE THE SAME
2 MORE OR LESS.
3 THE TWO PARCELS OF LAND ABOVE DESCRIBED JOIN EACH OTHER ALONG
4 THE LINE NORTH ELEVEN DEGREES WEST TWELVE HUNDRED SEVENTY AND
5 FIVE TENTHS FEET, AND ALONG THE LINE NORTH EIGHTY DEGREES EAST
6 FOR A DISTANCE OF THREE HUNDRED THIRTEEN AND FIVE TENTHS FEET.
7 THE SECOND PARCEL OF LAND BEING A PART OF THE SAME PARCEL OF
8 LAND WHICH S.A. MCMULLEN ETUX, BY DEED DATED AUGUST 1, 1917. AND
9 RECORDED IN WAYNE COUNTY IN DEED BOOK NO. 109, PAGE 521, ETC.,
10 GRANTED AND CONVEYED TO GEORGE W. GILL; AND WHICH THE SAID
11 GEORGE W. GILL, BY HIS LAST WILL AND TESTAMENT DATED NOVEMBER 1,
12 1918, AND RECORDED IN WAYNE COUNTY IN WILL BOOK NO. 11, PAGE
13 242, DEVISED TO HIS WIFE NETTIE K. GILL; AND A PART OF THE SAME
14 LAND WHICH THE SAID NETTIE K. GILL, WIDOW, BY HER DEED DATED
15 SEPTEMBER 14, 1921, AND RECORDED IN WAYNE COUNTY IN DEED BOOK
16 NO. 116, PAGE 534, GRANTED AND CONVEYED TO THE SAID WILLIAM M.
17 LYNCH.
18 BEING THE SAME PARCELS, RESPECTIVELY, OF THE SAME PREMISES,
19 WHICH WILLIAM M. LYNCH AND JESSIE A. LYNCH, HIS WIFE, BY DEED,
20 DATED MAY 29, 1925 AND RECORDED IN WAYNE COUNTY DEED BOOK VOLUME
21 124 AT PAGE 216, GRANTED AND CONVEYED TO THE COMMONWEALTH OF
22 PENNSYLVANIA, GRANTOR HEREIN.
23 EXCEPTING AND RESERVING, UNTO THE GRANTOR HEREIN, ITS
24 SUCCESSORS AND ASSIGNS, ALL LANDS OF TRACT FOUR, WHICH ARE
25 LOCATED SOUTHERLY OF THE CENTER OF THE RIGHT OF WAY OF ROUTE
26 6/STATE ROUTE 0006.
27 TRACT FIVE (CONSISTING OF TWO PARCELS)
28 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LYING,
29 SITUATE AND BEING IN THE TOWNSHIP OF CANAAN, COUNTY OF WAYNE AND
30 COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,
20020S1453B2168 - 22 -
1 TO WIT:
2 THE FIRST PARCEL THEREOF, BEING A SAID NARROW STRIP OF LAND
3 BEGINNING AT THE DIVISION LINE BETWEEN LANDS CONVEYED TO THE
4 DELAWARE AND HUDSON RAILROAD CORPORATION, AND/OR PREDECESSOR BY
5 CHARLES H. BALL, BY DEED DATED MAY 3, 1900, AND RECORDED IN
6 WAYNE COUNTY DEED BOOK NO. 86, PAGE 411, AND LANDS CONVEYED BY
7 CHARLES M. BETZ, BY DEED DATED SEPTEMBER 26, 1899, AND RECORDED
8 IN WAYNE COUNTY DEED BOOK NO. 85, PAGE 416; THENCE CONTINUING IN
9 A GENERAL WESTERLY DIRECTION, INCLUDING A PARCEL OF LAND OF THE
10 AVERAGE MINIMUM WIDTH OF TWO HUNDRED (200) FEET, A DISTANCE OF
11 APPROXIMATELY FOUR THOUSAND FIVE HUNDRED TWELVE (4,512) FEET,
12 MEASURED ALONG THE CENTER LINE OF THE RIGHT OF WAY OF SAID
13 RAILROAD TO A POINT IN THE LINE BETWEEN THE HENRY ELLIS AND
14 SOLOMON ELLIS WARRANTS, AND MARKED BY A CUT STONE CORNER AT THE
15 LINE INTERSECTION OF THE WARRANT LINES OF THE HENRY ELLIS AND
16 SOLOMON ELLIS WARRANTS.
17 BEING A PORTION OF THE LAND CONVEYED TO THE DELAWARE AND
18 HUDSON RAILROAD CORPORATION, AND/OR ITS PREDECESSORS, BY DEED
19 FROM CHARLES M. BETZ, GUARDIAN, BY DEED DATED SEPTEMBER 26,
20 1899, AND RECORDED IN WAYNE COUNTY DEED BOOK NO. 85, PAGE 416.
21 AND BEING THE "FIFTY-SIX" PARCEL IN THE AFORESAID DEED FROM
22 THE DELAWARE AND HUDSON RAILROAD CORPORATION TO RICE COAL
23 COMPANY AND ALSO BEING A PORTION OF THE LANDS AS CONVEYED BY
24 LUCY ROGERS BY DEED DATED MARCH 31, 1857, AND RECORDED IN WAYNE
25 COUNTY DEED BOOK NO. 25, PAGE 52, AND A PORTION OF THE LAND
26 CONVEYED BY MARY E. ROGERS BY DEED DATED APRIL 7, 1859, AND
27 RECORDED IN WAYNE COUNTY DEED BOOK NO. 26, PAGE 374, THIS
28 PORTION BEING PARCEL "FIFTY-SEVENTH" IN THE AFORESAID DEED FROM
29 THE DELAWARE AND HUDSON RAILROAD CORPORATION TO RICE COAL
30 COMPANY. ALSO BEING A PORTION OF THE LAND CONVEYED TO THE
20020S1453B2168 - 23 -
1 DELAWARE AND HUDSON RAILROAD CORPORATION AND/OR ITS PREDECESSORS
2 BY DEED OF GILBERT M. LEE, ETUX, DATED JULY 7, 1837 AND RECORDED
3 IN WAYNE COUNTY DEED BOOK NO. 10 PAGE 216, AND IS THE "FIFTY-
4 EIGHT" PARCEL IN THE AFORESAID DEED TO RICE COAL COMPANY, AND
5 ALSO THE PROPERTY CONVEYED TO THE DELAWARE AND HUDSON RAILROAD
6 CORPORATION, AND/OR ITS PREDECESSORS BY DEED OF GEORGE H.
7 FOSTER, ETUX, DATED DECEMBER 11, 1899, AND RECORDED IN WAYNE
8 COUNTY DEED BOOK NO. 86, PAGE 22. BEING THE "FIFTY-NINTH" PARCEL
9 IN THE DEED FROM THE DELAWARE AND HUDSON RAILROAD CORPORATION TO
10 RICE COAL COMPANY.
11 EXCEPTING AND RESERVING, UNTO THE GRANTOR HEREIN, ITS
12 SUCCESSORS AND ASSIGNS, ALL LANDS OF TRACT FIVE, WHICH ARE
13 LOCATED SOUTHERLY OF THE CENTER OF THE RIGHT OF WAY OF ROUTE
14 6/STATE ROUTE 0006.
15 THE SECOND PARCEL THEREOF, BEING ALL THAT CERTAIN PIECE,
16 PARCEL OR TRACT OF LAND LYING, SITUATE AND BEING IN THE TOWNSHIP
17 OF CANAAN, COUNTY OF WAYNE AND COMMONWEALTH OF PENNSYLVANIA,
18 BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
19 A STRIP OF LAND APPROXIMATELY ONE HUNDRED (100) FEET IN
20 WIDTH, BEING THE FORMER RIGHT OF WAY, AND APPROXIMATELY TWELVE
21 HUNDRED EIGHT (1,208) FEET IN LENGTH, MEASURED ALONG THE CENTER
22 LINE OF THE RIGHT OF WAY OF SAID RAILROAD, BEING BOUNDED ON THE
23 EAST BY LANDS HERETOFORE CONVEYED TO THE DELAWARE AND HUDSON
24 RAILROAD CORPORATION AND/OR ITS PREDECESSORS, BY GEORGE O'LEARY
25 ETUX., BY DEED DATED FEBRUARY 15, 1900, AND RECORDED IN WAYNE
26 COUNTY DEED BOOK NO. 86, PAGE 118, WITH SAID PROPERTY OF GEORGE
27 O'LEARY HAS SUBSEQUENTLY BEEN CONVEYED TO RICE COAL COMPANY IN
28 THE AFORESAID DEED, AND IS DESIGNATED AS PARCEL "SIXTY-FIRST"
29 THEREIN, WHICH SAID STRIP OF LAND IS BOUNDED ON THE WEST BY
30 LANDS HERETOFORE CONVEYED TO THE DELAWARE AND HUDSON RAILROAD
20020S1453B2168 - 24 -
1 CORPORATION, AND OR ITS PREDECESSORS IN TITLE BY L.H. ALDEN
2 ETUX., BY DEED DATED MAY 25, 1869, AND RECORDED IN WAYNE COUNTY
3 DEED BOOK NO.36, PAGE 324, WHICH SAID ALDEN PROPERTY IS NOW
4 OWNED BY RICE COAL COMPANY AND WAS CONVEYED TO IT AS PARCEL
5 "SIXTY-THIRD" IN THE AFORESAID DEED FROM THE DELAWARE AND HUDSON
6 RAILROAD CORPORATION TO RICE COAL COMPANY.
7 BEING PART OF THE SAME PREMISES, WHICH RICE COAL COMPANY, A
8 PENNSYLVANIA CORPORATION, BY INDENTURE, DATED JULY 7, 1942 AND
9 RECORDED IN WAYNE COUNTY DEED BOOK VOLUME 150 AT PAGE 516,
10 GRANTED AND RELEASED TO THE COMMONWEALTH OF PENNSYLVANIA,
11 GRANTOR HEREIN.
12 TRACT SIX (CONSISTING OF FOUR PARCELS)
13 ALL THOSE FOUR PIECES, PARCELS, TRACTS, OR LOTS OF LAND
14 SITUATED IN THE TOWNSHIP OF CANAAN, IN THE COUNTY OF WAYNE AND
15 TOWNSHIPS OF FELL AND CARBONDALE, IN THE COUNTY OF LACKAWANNA
16 AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS
17 FOLLOWS, TO
18 WIT:
19 THE FIRST PARCEL THEREOF CONSISTING OF LAND PARTLY IN CANAAN
20 TOWNSHIP, WAYNE COUNTY, PARTLY IN FELL TOWNSHIP AND PARTLY IN
21 CARBONDALE TOWNSHIP, LACKAWANNA COUNTY DESCRIBED AS FOLLOWS:
22 BEGINNING AT A POINT IN THE SOUTHEASTERLY SIDE OF THE MILFORD
23 AND OWEGO TURNPIKE (NOW ABANDONED) WHICH LIES IN THE LINE WHICH
24 DIVIDES THE WARRANT LINE BETWEEN SAMUEL ELLIS AND SOLOMON ELLIS;
25 THENCE BY LAND SURVEYED TO SOLOMON ELLIS NORTH 50 DEGREES 18
26 MINUTES EAST 201.3 FEET TO A CUT STONE MONUMENT IN SAID WARRANT
27 LINE WHICH MARKS THE SOUTHWESTERLY CORNER OF THE TYMONS AND
28 MCLEAN LOT; THENCE ALONG SAID WARRANT LINE WHICH FORMS THE
29 NORTHWESTERLY BOUNDARY OF SAID TYMONS AND MCLEAN LOT NORTH 50
30 DEGREES 18 MINUTES EAST 1187.5 FEET TO A CUT STONE MONUMENT
20020S1453B2168 - 25 -
1 WHICH LIES IN THE SOUTHWESTERLY BOUNDARY LINE OF THE HENRY ELLIS
2 WARRANT; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY LINE OF SAID
3 HENRY ELLIS WARRANT, NORTH 38 DEGREES 45 MINUTES WEST 991.1 FEET
4 TO A CUT STONE MONUMENT IN SAID HENRY ELLIS BOUNDARY LINE;
5 THENCE STILL ALONG SAID BOUNDARY LINE NORTH 38 DEGREES 57
6 MINUTES WEST 434.3 FEET TO A CUT STONE MONUMENT IN SAID LINE;
7 THENCE STILL ALONG SAID HENRY ELLIS WARRANT LINE NORTH 38
8 DEGREES 41 MINUTES WEST 1129.6 FEET TO A STAKE AND STONES
9 CORNER; THENCE SOUTH 86 DEGREES 50 MINUTES WEST 24.6 FEET TO A
10 CORNER MARKED BY A CUT STONE MONUMENT IN THE EASTERLY LINE OF
11 THE G.L. MORSS ESTATE; THENCE ALONG THE EASTERLY LINE OF SAID
12 G.L. MORSS ESTATE SOUTH 6 DEGREES 7 MINUTES WEST 2443.2 FEET
13 ALONG AN OLD STONE WALL TO A CORNER IN A STONE WALL ON THE
14 NORTHERLY SIDE OF THE AFOREMENTIONED MILFORD AND OWEGO TURNPIKE;
15 THENCE ALONG THE NORTHERLY SIDE OF SAID TURNPIKE SOUTH 61
16 DEGREES 13 MINUTES EAST 400 FEET TO A POINT WHICH MARKS THE
17 NORTHWESTERLY CORNER OF THE SECOND PARCEL WHICH WILL HEREAFTER
18 APPEAR IN THIS DEED; THENCE ALONG THE NORTHERLY SIDE OF THE
19 SECOND PARCEL AND ALONG THE SOUTHERLY SIDE OF SAID TURNPIKE
20 SOUTH 61 DEGREES 13 MINUTES EAST 532 FEET TO THE PLACE OF
21 BEGINNING; CONTAINING 65.9 ACRES OF LAND, BE THE SAME MORE OR
22 LESS.
23 THE SECOND PARCEL THEROF CONSISTING OF LAND PARTLY IN CANAAN
24 TOWNSHIP, WAYNE COUNTY AND PARTLY IN CARBONDALE TOWNSHIP,
25 LACKAWANNA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING ON THE
26 SOUTHERLY SIDE OF THE OLD MILFORD AND OWEGO TURNPIKE IN THE
27 DIVISION LINE BETWEEN THE SAMUEL ELLIS WARRANT AND THE SOLOMON
28 ELLIS WARRANT, WHICH POINT IS ALSO IN THE WESTERLY LINE OF THE
29 "COLLOTON LOT"; THENCE ALONG THE WESTERLY LINE OF SAID SOLOMON
30 ELLIS WARRANT AND ALONG A STONE WALL BUILT THEREON SOUTH 50
20020S1453B2168 - 26 -
1 DEGREES 38 MINUTES WEST 315 FEET TO A POINT; SOUTH 52 DEGREES 12
2 MINUTES WEST 337 FEET TO A POINT, AND SOUTH 53 DEGREES 0 MINUTES
3 WEST 348 FEET TO A BUILT UP STONES CORNER AT THE SOUTHWESTERLY
4 CORNER OF THE "COLLOTON LOT"; THENCE STILL ALONG THE WESTERLY
5 LINE OF SAID SOLOMON ELLIS WARRANT SOUTH 50 DEGREES 13 MINUTES
6 WEST 1640 FEET TO AN ESTABLISHED STONES CORNER; THENCE NORTH 38
7 DEGREES 42 MINUTES WEST 495 FEET TO AN ESTABLISHED STONES
8 CORNER; THENCE ALONG AN OLD WIRE FENCE AND AN OLD STONE WALL
9 NORTH 50 DEGREES 57 MINUTES EAST 2,436 FEET TO A POINT IN THE
10 SOUTHERLY SIDE OF THE AFOREMENTIONED MILFORD AND OWEGA TURNPIKE;
11 THENCE ALONG THE SOUTHERLY SIDE OF SAID TURNPIKE SOUTH 61
12 DEGREES 13 MINUTES EAST 532 FEET TO THE PLACE OF BEGINNING.
13 CONTAINING 29.82 ACRES OF LAND, BE THE SAME MORE OR LESS.
14 THE THIRD PARCEL THEREOF CONSISTING OF LAND IN THE TOWNSHIP
15 OF CANAAN, AND COUNTY OF WAYNE, PENNSYLVANIA, DESCRIBED AS
16 FOLLOWS: BEGINNING AT A POINT AT THE EASTERLY EDGE OF A
17 CONGLOMERATE TABLE ROCK QUARRY SAID POINT BEING SITUATED ON A
18 COURSE OF SOUTH 38 DEGREES 42 MINUTES EAST 468 FEET FROM THE
19 SOUTHWESTERLY CORNER OF THE "COLLOTON LOT" THENCE ALONG THE
20 SOUTHERLY SIDE OF SAID "COLLOTON LOT" SOUTH 38 DEGREES 42
21 MINUTES EAST 647.5 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF
22 THE OLD DELAWARE AND HUDSON COMPANY'S LIGHT TRACT; THENCE ALONG
23 THE NORTHERLY RIGHT OF WAY LINE OF SAID TRACT SOUTH 28 DEGREES
24 53 MINUTES WEST 491 FEET TO A CONCRETE RIGHT OF WAY MONUMENT OF
25 SAID RAILROAD; THENCE SOUTH 59 DEGREES 12 MINUTES EAST 7.4 FEET
26 TO A CONCRETE MONUMENT WHICH IS SITUATED 33 FEET DISTANT
27 NORTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD TRACKS
28 (ABANDONED); THENCE ALONG SAID RIGHT OF WAY PARALLEL WITH AND
29 SITUATED 33 FEET DISTANT NORTHWESTERLY FROM SAID CENTER LINE OF
30 TRACK THE FOLLOWING COURSES AND DISTANCES SOUTH 30 DEGREES 15
20020S1453B2168 - 27 -
1 MINUTES WEST 201.9 FEET TO A POINT, SOUTH 43 DEGREES 19 MINUTES
2 WEST 102.3 FEET TO A POINT, AND SOUTH 52 DEGREES 29 MINUTES WEST
3 148.2 FEET TO A POINT IN THE DIVISION LINE BETWEEN WAYNE AND
4 LACKAWANNA COUNTIES; THENCE ALONG THE WAYNE-LACKAWANNA COUNTY
5 LINE NORTH 5 DEGREES 53 MINUTES EAST 1279.8 FEET TO THE PLACE OF
6 BEGINNING. CONTAINING 7.5 ACRES OF LAND BE THE SAME MORE OR
7 LESS.
8 EXCEPTING AND RESERVING THEREFROM A PARCEL OF LAND N/L OWNED
9 BY THE RICE COAL COMPANY DESCRIBED AS FOLLOWS:
10 BEGINNING AT A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF
11 THE DELAWARE AND HUDSON COMPANY'S LIGHT TRACK SITUATED DISTANT
12 NORTHWESTERLY 33 FEET FROM THE CENTER LINE OF SAID RAILROAD
13 TRACK (NOW ABANDONED); THENCE SOUTH 30 DEGREES 15 MINUTES WEST
14 201.9 FEET TO A POINT SOUTH 43 DEGREES 19 MINUTES WEST 102.3
15 FEET TO A POINT AND SOUTH 52 DEGREES 29 MINUTES WEST 148.2 FEET
16 TO A POINT SITUATED IN THE DIVISION LINE BETWEEN WAYNE AND
17 LACKAWANNA COUNTY; THENCE ALONG THE WAYNE-LACKAWANNA COUNTY LINE
18 NORTH 5 DEGREES 53 MINUTES EAST 105.8 FEET TO A POINT WHICH IS
19 SITUATED DISTANT 40 FEET AT RIGHT ANGLES FROM THE CENTER LINE OF
20 THE OLD STANDARD GAUGE STEAM RAILROAD; THENCE ALONG THE
21 NORTHERLY RIGHT OF WAY LINE OF SAID STEAM RAILROAD BEING DISTANT
22 40 FEET NORTHERLY AND PARALLEL THEREWITH THE FOLLOWING COURSES
23 AND DISTANCE, NORTH 65 DEGREES 56 MINUTES EAST 68.9 FEET; NORTH
24 54 DEGREES 50 MINUTES EAST 109.6 FEET; NORTH 45 DEGREES 28
25 MINUTES EAST 96.1 FEET AND NORTH 32 DEGREES 50 MINUTES EAST 93
26 FEET TO A CONCRETE MONUMENT SITUATED ABOUT 40 FEET FROM THE
27 CENTER LINE OF THE AFOREMENTIONED RAILROAD; THENCE SOUTH 59
28 DEGREES 12 MINUTES EAST 7.4 FEET TO THE PLACE OF BEGINNING.
29 CONTAINING 0.34 ACRES OF LAND BE THE SAME MORE OR LESS.
30 THE FOURTH PARCEL THEREOF CONSISTING OF LAND IN THE TOWNSHIP
20020S1453B2168 - 28 -
1 OF CANAAN, AND COUNTY OF WAYNE, PENNSYLVANIA, DESCRIBED AS
2 FOLLOWS: BEGINNING AT A CUT STONE CORNER IN THE SOUTHWESTERLY
3 BOUNDARY LINE OF THE HENRY ELLIS WARRANT, SAID CORNER IS ALSO
4 SITUATED AT A POINT WHERE THE SAMUEL ELLIS WARRANT AND SOLOMON
5 ELLIS WARRANT LINES INTERSECTS THAT OF THE HENRY ELLIS WARRANT;
6 THENCE ALONG THE HENRY ELLIS WARRANT LINE SOUTH 38 DEGREES 42
7 MINUTES EAST 1883.2 FEET TO A WELL ESTABLISHED OLD STONES CORNER
8 BEING THE NORTHWESTERLY CORNER OF THE ISAAC PLANT LOT AND NOW
9 OWNED BY THE DELAWARE AND HUDSON CANAL COMPANY; THENCE ALONG
10 SAID ISAAC PLANT LOT AND ALONG AN OLD STONE WALL SOUTH 51
11 DEGREES 27 MINUTES WEST 1169.3 FEET TO A CUT STONE CORNER
12 MARKING THE NORTHEASTERLY CORNER OF THE "COLLOTON LOT"; THENCE
13 ALONG THE NORTHEASTERLY LINE OF SAID "COLLOTON LOT" THENCE ALONG
14 THE NORTHEASTERLY LINE OF SAID "COLLOTON LOT" AND CROSSING THE
15 SOUTHERLY PORTION OF NO.7, POND NORTH 39 DEGREES 17 MINUTES WEST
16 1860.2 FEET TO A CUT STONE MONUMENT IN THE WARRANT LINE BETWEEN
17 SAMUEL ELLIS WARRANT AND SOLOMON ELLIS WARRANT; THENCE ALONG
18 SAID WARRANT LINE NORTH 50 DEGREES 18 MINUTES EAST 1187.5 FEET
19 TO THE PLACE OF BEGINNING. CONTAINING 50.63 ACRES OF LAND, BE
20 THE SAME MORE OR LESS.
21 BEING THE SAME PARCELS, RESPECTIVELY, OF THE SAME PREMISES,
22 WHICH WILLIAM FRANCIS WOLCOTT AND BESSIE C. WOLCOTT, HIS WIFE,
23 AND IRA B. RUTHERFORD AND GERTRUDE H. RUTHERFORD, HIS WIFE, BY
24 INDENTURE, DATED OCTOBER 10, 1951 AND RECORDED IN WAYNE COUNTY
25 DEED BOOK VOLUME 179 AT PAGE 499, GRANTED AND RELEASED TO THE
26 COMMONWEALTH OF PENNSYLVANIA, GRANTOR HEREIN.
27 (C) WATER UTILITY EASEMENT.--THE WATER UTILITY EASEMENT TO
28 BE CONVEYED PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 3
29 ACRES OF LAND DESCRIBED ACCORDING TO A METES AND BOUNDS
30 CENTERLINE DESCRIPTION PREPARED BY ALFRED K. BUCCONEAR,
20020S1453B2168 - 29 -
1 REGISTERED PROFESSIONAL LAND SURVEYOR, AND MORE PARTICULARLY
2 DESCRIBED AS FOLLOWS:
3 A CENTER LINE COMMENCING AT THE WATERLINE @ C/L, SAID POINT
4 BEING THE POINT OF BEGINNING; THENCE N 67 DEGREES 58 MINUTES 44
5 SECONDS W, A DISTANCE OF 304.82 FEET; THENCE N 68 DEGREES 32
6 MINUTES 54 SECONDS W, A DISTANCE OF 162.62 FEET; THENCE N 69
7 DEGREES 06 MINUTES 29 SECONDS W, A DISTANCE OF 250.30 FEET;
8 THENCE N 67 DEGREES 54 MINUTES 37 SECONDS W, A DISTANCE OF
9 137.65 FEET; THENCE N 69 DEGREES 04 MINUTES 08 SECONDS W, A
10 DISTANCE OF 128.40 FEET; THENCE N 67 DEGREES 52 MINUTES 59
11 SECONDS W, A DISTANCE OF 144.65 FEET; THENCE N 68 DEGREES 41
12 MINUTES 17 SECONDS W, A DISTANCE OF 464.81 FEET; THENCE N 64
13 DEGREES 30 MINUTES 34 SECONDS W, A DISTANCE OF 47.02 FEET;
14 THENCE N 51 DEGREES 36 MINUTES 45 SECONDS W, A DISTANCE OF 29.09
15 FEET; THENCE N 31 DEGREES 12 MINUTES 58 SECONDS W, A DISTANCE OF
16 25.90 FEET; THENCE N 21 DEGREES 27 MINUTES 04 SECONDS W, A
17 DISTANCE OF 86.46 FEET; THENCE N 20 DEGREES 37 MINUTES 09
18 SECONDS W, A DISTANCE OF 134.01 FEET; THENCE N 19 DEGREES 36
19 MINUTES 44 SECONDS W, A DISTANCE OF 96.82 FEET; THENCE N 16
20 DEGREES 55 MINUTES 13 SECONDS W, A DISTANCE OF 62.30 FEET;
21 THENCE N 12 DEGREES 31 MINUTES 15 SECONDS W, A DISTANCE OF 41.75
22 FEET; THENCE N 06 DEGREES 00 MINUTES 09 SECONDS W, A DISTANCE OF
23 49.29 FEET; THENCE N 02 DEGREES 57 MINUTES 11 SECONDS E, A
24 DISTANCE OF 41.92 FEET; THENCE N 09 DEGREES 17 MINUTES 39
25 SECONDS E, A DISTANCE OF 38.51 FEET; THENCE N 10 DEGREES 04
26 MINUTES 02 SECONDS E, A DISTANCE OF 56.80 FEET; THENCE N 11
27 DEGREES 22 MINUTES 59 SECONDS E, A DISTANCE OF 115.75 FEET;
28 THENCE N 00 DEGREES 47 MINUTES 04 SECONDS E, A DISTANCE OF 69.47
29 FEET; THENCE N 08 DEGREES 59 MINUTES 25 SECONDS W, A DISTANCE OF
30 64.41 FEET; THENCE N 53 DEGREES 53 MINUTES 45 SECONDS W, A
20020S1453B2168 - 30 -
1 DISTANCE OF 55.63 FEET; THENCE N 57 DEGREES 54 MINUTES 19
2 SECONDS W, A DISTANCE OF 35.41 FEET; THENCE N 61 DEGREES 25
3 MINUTES 32 SECONDS W, A DISTANCE OF 34.61 FEET; THENCE N 63
4 DEGREES 08 MINUTES 43 SECONDS W, A DISTANCE OF 45.47 FEET;
5 THENCE N 73 DEGREES 58 MINUTES 07 SECONDS W, A DISTANCE OF 53.96
6 FEET; THENCE N 84 DEGREES 19 MINUTES 04 SECONDS W, A DISTANCE OF
7 67.71 FEET; N 88 DEGREES 47 MINUTES 01 SECOND W, A DISTANCE OF
8 57.62 FEET; THENCE N 89 DEGREES 45 MINUTES 20 SECONDS W, A
9 DISTANCE OF 105.03 FEET; THENCE 88 DEGREES 57 MINUTES 12 SECONDS
10 W, A DISTANCE OF 147.71 FEET; THENCE 89 DEGREES 44 MINUTES 42
11 SECONDS W, A DISTANCE OF 42.69 FEET; THENCE N 78 DEGREES 29
12 MINUTES 22 SECONDS W, A DISTANCE OF 293.49 FEET; THENCE S 89
13 DEGREES 24 MINUTES 49 SECONDS W, A DISTANCE OF 158.70 FEET;
14 THENCE S 87 DEGREES 45 MINUTES 54 SECONDS W, A DISTANCE OF
15 106.48 FEET; THENCE N 89 DEGREES 24 MINUTES 25 SECONDS W, A
16 DISTANCE OF 119.83 FEET; THENCE N 81 DEGREES 23 MINUTES 05
17 SECONDS W, A DISTANCE OF 66.08 FEET; THENCE N 79 DEGREES 31
18 MINUTES 39 SECONDS W, A DISTANCE OF 76.12 FEET; THENCE N 72
19 DEGREES 18 MINUTES 15 SECONDS W, A DISTANCE OF 73.70 FEET;
20 THENCE N 71 DEGREES 05 MINUTES 29 SECONDS W, A DISTANCE OF
21 251.05 FEET; THENCE N 64 DEGREES 19 MINUTES 14 SECONDS W, A
22 DISTANCE OF 131.97 FEET; THENCE N 52 DEGREES 55 MINUTES 18
23 SECONDS W, A DISTANCE OF 32.11 FEET; THENCE N 49 DEGREES 47
24 MINUTES 22 SECONDS W, A DISTANCE OF 37.45 FEET; THENCE N 45
25 DEGREES 04 MINUTES 27 SECONDS W, A DISTANCE OF 194.66 FEET;
26 THENCE S 88 DEGREES 12 MINUTES 46 SECONDS W, A DISTANCE OF
27 174.58 FEET; THENCE N 65 DEGREES 26 MINUTES 45 SECONDS W, A
28 DISTANCE OF 161.09 FEET; THENCE N 66 DEGREES 34 MINUTES 46
29 SECONDS W, A DISTANCE OF 259.68 FEET; THENCE N 69 DEGREES 29
30 MINUTES 27 SECONDS W, A DISTANCE OF 102.10 FEET; THENCE N 67
20020S1453B2168 - 31 -
1 DEGREES 50 MINUTES 25 SECONDS W, A DISTANCE OF 81.83 FEET;
2 THENCE N 62 DEGREES 58 MINUTES 23 SECONDS W, A DISTANCE OF 61.90
3 FEET; THENCE N 53 DEGREES 27 MINUTES 53 SECONDS W, A DISTANCE OF
4 58.71 FEET; THENCE N 39 DEGREES 55 MINUTES 19 SECONDS W, A
5 DISTANCE OF 106.99 FEET; THENCE N 37 DEGREES 18 MINUTES 39
6 SECONDS W, A DISTANCE OF 186.81 FEET; THENCE N 37 DEGREES 28
7 MINUTES 40 SECONDS W, A DISTANCE OF 89.60 FEET; THENCE N 16
8 DEGREES 14 MINUTES 14 SECONDS W, A DISTANCE OF 12.53 FEET;
9 THENCE N 28 DEGREES 40 MINUTES 54 SECONDS E, A DISTANCE OF 19.17
10 FEET TO THE POINT OF ENDING.
11 (D) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
12 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
13 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
14 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
15 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
16 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
17 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
18 THE LAND OR IMPROVEMENTS ERECTED THEREON. THE DEED OF CONVEYANCE
19 SHALL CONTAIN THE FOLLOWING COVENANT "UNDER AND SUBJECT TO A
20 CONDITION THAT A PORTION OF THE LANDS HEREIN CONVEYED SHALL
21 CONTAIN A RESTRICTION STATING THAT ANY AREA WITHIN 500 FEET OF
22 THE SHORELINE OR THE NORMAL POOL ELEVATION OF CARBONDALE
23 RESERVOIR NO.4 (AS DEFINED BY THE CREST OF THE SPILLWAY
24 ELEVATION AT THE DATE OF CONVEYANCE) SHALL REMAIN OPEN AND THAT
25 NO DEVELOPMENT CAN OCCUR ON THAT PORTION OF THE PROPERTY."
26 (E) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
27 WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
28 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
29 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
30 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
20020S1453B2168 - 32 -
1 (G) ALTERNATIVE DISPOSITION.--IN THE EVENT THAT THIS
2 CONVEYANCE IS NOT EXECUTED BY JANUARY 1, 2007, THE PROPERTY MAY
3 BE DISPOSED OF IN ACCORDANCE WITH ARTICLE 2406-A OF THE ACT OF
4 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
5 CODE OF 1929.
6 Section 2 4. Effective date. <--
7 This act shall take effect immediately.
E28L85DMS/20020S1453B2168 - 33 -