PRIOR PRINTER'S NOS. 2028, 2110, 2168, PRINTER'S NO. 2447
2171
No. 1453 Session of 2002
INTRODUCED BY THOMPSON, JUNE 4, 2002
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 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; authorizing and directing the Department
10 of General Services, with the approval of the Governor, to
11 grant and convey to Pennsylvania Suburban Water Company (as
12 successor to Philadelphia Suburban Water Company by merger),
13 certain lands situate in Canaan Township, Wayne County, and
14 Carbondale and Fell Townships in Lackawanna County; and <--
15 authorizing the Department of General Services, with the
16 approval of the Department of Corrections and the Governor,
17 to grant and convey to the County of Westmoreland a tract of
18 land situate in Hempfield Township, Westmoreland County; AND <--
19 AUTHORIZING THE RELEASE OF PROJECT 500 RESTRICTIONS IMPOSED
20 ON CERTAIN LAND OWNED BY THE BOROUGH OF ROYALTON, DAUPHIN
21 COUNTY, AND IMPOSING PROJECT 500 RESTRICTIONS ON OTHER LAND
22 OWNED BY THE BOROUGH OF ROYALTON, DAUPHIN COUNTY.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Conveyance in West Goshen Township, Chester County.
26 (a) Authorization.--The Department of General Services, with
27 the approval of the Department of Transportation and the
1 Governor, is hereby authorized on behalf of the Commonwealth of
2 Pennsylvania to grant and convey to the West Chester Area School
3 District, the Department of Transportation's Chester County
4 Maintenance Facility, land and buildings described in subsection
5 (b) for fair market value as determined by independent
6 appraisal.
7 (b) Legal description of land.--The property to be conveyed
8 pursuant to this section consists of the Department of
9 Transportation's Chester County Maintenance Facility, bounded
10 and more particularly described as all that certain piece or
11 parcel of land in West Goshen Township, Chester County,
12 Pennsylvania bounded and described as follows:
13 PARCEL 1
14 BEGINNING at a point, an iron pipe, in the lands of Edward
15 Haley and Thomas F. Haley (Deceased) on the production of the
16 north building line of Biddle Street, said point being 16.11
17 feet in an easterly direction from a brass plug in the concrete
18 roadway of State Highway Application 7326; thence along said
19 State Highway Application N. 23 degrees W. a distance of 330.31
20 feet to an iron pipe, the corner of lands of Edward Haley and
21 Thomas F. Haley (Deceased) and the West Chester Nursery Company;
22 said iron pipe being 16.11 feet in an easterly direction from a
23 brass plug in the concrete roadway of State Highway Application
24 7326; thence by the lands of Edward Haley and Thomas F. Haley,
25 (Deceased) and the West Chester Nursery Company N. 67 degrees E.
26 a distance of 534.00 feet to a concrete monument in the line of
27 lands of Hannah Parker; thence by the lands of Edward Haley, and
28 Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52
29 minutes 42 seconds E. a distance of 131.13 feet to a point;
30 thence by the lands of Edward Haley and Thomas F. Haley
20020S1453B2447 - 2 -
1 (Deceased) and George H. Kelling S. 26 degrees 52 minutes 42
2 seconds E. a distance of 59 feet to a point; thence thru the
3 lands of Edward Haley and Thomas F. Haley (Deceased) S. 26
4 degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an
5 iron pipe; thence continuing thru the lands of Edward Haley and
6 Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a
7 distance of 86.07 feet, to an iron pipe on the production of the
8 North Building Line of Biddle Street; thence along the
9 production of the north building line of Biddle Street, thru the
10 lands of Edward Haley and Thomas F. Haley (Deceased) S. 66
11 degrees 44 minutes W. a distance of 542.00 feet to the point of
12 BEGINNING.
13 Containing 4.110 acres, be the same more or less.
14 PARCEL 2
15 TRACT 1 - BEGINNING at an iron pipe on the easterly side of
16 Montgomery Avenue, State Application 7326, said pipe being on
17 the legal right of way line and on the line dividing the lands
18 of Edward D. Haley and the Commonwealth of Pennsylvania,
19 Department of Highways; thence along lands of the said
20 Commonwealth of Pennsylvania, Department of Highways, North
21 sixty six degrees, forty four minutes East, a distance of five
22 hundred forty nine (549.00) feet to an iron pipe in the line of
23 lands of E. Duie Pyle South twenty two degrees, five minutes
24 East, a distance of one hundred fifty six and thirty hundreths
25 (156.30) feet to an iron pipe; thence South sixty seven degrees
26 West, a distance of five hundred forty six and fifty hundredths
27 (546.50) feet to an iron pipe on the easterly side of said
28 Montgomery Avenue, State Aid Application 7326; thence along the
29 legal right of way line of said Montgomery Avenue, State Aid
30 Application 7326, North twenty three degrees West, a distance of
20020S1453B2447 - 3 -
1 one hundred fifty three and forty four hundredths (153.44) feet
2 to the point of BEGINNING and containing one and nine thousand
3 four hundred fifty four ten thousandths (1.9454) acres more or
4 less, with the privilege of entering upon adjoining land to
5 clean the aforesaid ditch and subject to the privilege to the
6 owners of adjoining land through which the said ditch passes of
7 entering upon the lots hereby granted and cleaning the said
8 ditch whenever it may become obstructed.
9 TRACT 2 - BEGINNING at an iron pipe on the easterly side of
10 Montgomery Avenue, State Aid Application 7326, said pipe being
11 on the legal right of way line and the line of lands of Edward
12 D. Haley; thence North sixty seven degrees East, a distance of
13 five hundred forty six and fifty hundredths (546.50) feet to an
14 iron pipe in line of lands of E. Duie Pyle; thence along the
15 lands of E. Duie Pyle South seventeen degrees forty four minutes
16 East, a distance of eighteen and ninety nine hundredths (18.99)
17 feet to an iron pipe in the line of lands of the West Chester
18 Paper Box Company, Inc.; thence along the lands of said West
19 Chester Paper Box Company Inc. and Edward D. Haley South sixty
20 seven degrees, six minutes, thirty seconds West, a distance of
21 five hundred forty five (545.00) feet to an iron pipe on the
22 easterly side of said Montgomery Avenue, State Aid Application
23 7326; thence along the legal right of way line of said
24 Montgomery Avenue, State Aid Application 7326, North twenty
25 three degrees West, a distance of seventeen and eighty eight
26 hundredths (17.88) feet to the point of BEGINNING and containing
27 two thousand two hundred forty one ten thousandths (0.2241)
28 acres more or less, with the privilege of entering upon
29 adjoining land to clean the aforesaid ditch and subject to the
30 privilege to the owners of adjoining land through which the said
20020S1453B2447 - 4 -
1 ditch passes of entering upon the lots hereby granted and
2 cleaning said ditch whenever it may become obstructed.
3 (c) Conditions.--The conveyance shall be made under and
4 subject to all lawful and enforceable easements, servitudes and
5 rights of others, including, but not confined to, streets,
6 roadways and rights of any telephone, telegraph, water,
7 electric, gas or pipeline companies, as well as under and
8 subject to any lawful and enforceable estates or tenancies
9 vested in third persons appearing of record, for any portion of
10 the land or improvements erected thereon.
11 (d) Deed.--The deed of conveyance shall be by Special
12 Warranty Deed and shall be executed by the Secretary of General
13 Services in the name of the Commonwealth of Pennsylvania.
14 (e) Costs and fees.--Costs and fees incidental to this
15 conveyance shall be borne by the Grantee.
16 (f) Deposit of proceeds.--The proceeds from the sale shall
17 be deposited in the Motor License Fund to pay for costs and fees
18 incurred for a new Chester County Maintenance Facility as well
19 as the costs and fees incurred by the Department of General
20 Services as authorized under section 2406-A of the act of April
21 9, 1929 (P.L.177, No.175), known as The Administrative Code of
22 1929.
23 (g) Alternate disposition.--In the event that this
24 conveyance is not executed within 12 months of the effective
25 date of this act, the property may be disposed of in accordance
26 with section 2406-A of the Administrative Code of 1929. The
27 proceeds from the sale shall be deposited in accordance with
28 subsection (f).
29 Section 2. Philadelphia County.
30 (a) Conveyance authorized.--The Department of General
20020S1453B2447 - 5 -
1 Services, with the approval of the Governor, is hereby
2 authorized and directed on behalf of the Commonwealth of
3 Pennsylvania to grant and convey to the Department of
4 Conservation and Natural Resources, certain lands situate in the
5 City of Philadelphia, Philadelphia County as more fully
6 described in subsection (b).
7 (b) Property description.--The property to be conveyed
8 pursuant to this section consists of approximately 47.88 acres,
9 more particularly described as follows:
10 TRACT ONE
11 All THAT CERTAIN lot or piece of ground with the buildings
12 and improvements erected thereon situate in the Fifty-eight Ward
13 of the City of Philadelphia and described as follows (subject to
14 an official survey and Plan):
15 BEGINNING at a point on the southwesterly side of Southampton
16 road (sixty feet wide) the two following courses and distances
17 from the northwesterly side of The Roosevelt boulevard (two
18 hundred fifty-four feet wide): (1) north forty-two degrees
19 fifty-four minutes forty seconds west along the southwesterly
20 side of said Southampton road the distance of eight hundred
21 seventy-three and three hundred thirty-five feet to an angle
22 point; and (2) north forty-five degrees six minutes forty
23 seconds west along the southwesterly side of said Southampton
24 road the distance of two hundred six and one hundred sixty-eight
25 one-thousandths feet to said beginning point; thence extending
26 south forty-eight degrees forty-six minutes fifty seconds west
27 the distance of nine hundred seventy-one and sixty-nine one-
28 thousandths feet to a point; thence extending north forty-four
29 degrees forty-six minutes fifty-four seconds west the distance
30 of nine hundred fifty-seven and four hundred seventy-four one-
20020S1453B2447 - 6 -
1 thousandths feet to a point; thence extending north forty-three
2 degrees nine minutes one second east the distance of nine
3 hundred fifty-nine and seven hundred sixty-seven one-thousandths
4 feet to a point on the southwesterly side of said Southampton
5 road; thence extending south fifty-four degrees ten minutes
6 eight seconds east along the southwesterly side of said
7 Southampton road the distance of twenty-five and four hundred
8 one-thousandths feet to an angle point; thence extending south
9 forty-five degrees six minutes forty seconds east along the
10 southwesterly side of said Southampton road the distance of one
11 thousand twenty-seven and four hundred one one-thousandths feet
12 to a point, being the first mentioned point and place of
13 beginning.
14 CONTAINING in area nine hundred seventy thousand nine hundred
15 thirty-eight square feet or twenty-two and two thousand eight
16 hundred seventy-four ten-thousandths acres.
17 TRACT TWO
18 All that certain lot or piece of ground with the buildings
19 and improvements erected thereon situate in the Fifty-eighth
20 Ward of the City of Philadelphia and described as follows
21 (subject to an official Survey and Plan);
22 Beginning at the point of intersection of the southwesterly
23 side of Carter Road (forty-six and fifty one-hundredths feet
24 wide) and northeasterly side of Southampton Road (sixty feet
25 wide); thence extending north forty-one degrees four minutes
26 twenty-two seconds east along the southwesterly side of said
27 Carter Road the distance of one thousand four hundred three and
28 three hundred ten one-thousandths feet to an angle point; thence
29 continuing along the southeasterly side of said Carter Road the
30 distance of nine hundred twenty-eight and four hundred forty-two
20020S1453B2447 - 7 -
1 one-thousandths feet to a point; thence extending south forty-
2 three degrees fifty-three minutes twenty-eight seconds east the
3 distance of four hundred feet to an angle point; thence
4 extending southwestwardly along a line the distance of
5 approximately two hundred twenty-one feet to an angle point;
6 thence extending westwardly along a line the distance of
7 approximately forty-four feet to a point; thence extending
8 southwardly along a line the distance of approximately thirty-
9 five feet to an angle point; thence extending southwestwardly
10 along a line the distance of approximately two thousand forty-
11 two feet to a point on the northeasterly side of said
12 Southampton Road; thence extending north forty-five degrees six
13 minutes forty seconds west along the northeasterly side of said
14 Southampton Road the distance of approximately five hundred two
15 feet to a point on the southwesterly side of said Carter Road,
16 being the first mentioned point and place of beginning.
17 Containing in area one million one hundred fifteen thousand
18 one hundred ninety-three square feet or twenty-five and six
19 tenths acres.
20 (c) Conditions.--This conveyance shall be made under and
21 subject to all lawful and enforceable easements, servitudes and
22 rights of others, including, but not confined to, streets,
23 roadways and rights of any telephone, telegraph, water,
24 electric, gas or pipeline companies, as well as under and
25 subject to any other easement of record. The Grantee shall be
26 responsible for payment of all costs associated with the
27 transfer, including, but not limited to, those involving the
28 removal of the structures, hazardous waste and debris from the
29 property to insure that the property will be free from all
30 hazardous material.
20020S1453B2447 - 8 -
1 (d) Deed.--The deed of conveyance shall be by Special
2 Warranty Deed and shall be executed by the Secretary of General
3 Services in the name of the Commonwealth of Pennsylvania.
4 (e) Costs and fees.--Costs and fees incidental to this
5 conveyance shall be borne by the Grantee.
6 Section 3. Conveyance in Wayne County and Lackawanna County.
7 (a) Conveyance authorized.--The Department of General
8 Services, with the approval of the Governor, is hereby
9 authorized and directed on behalf of the Commonwealth of
10 Pennsylvania to grant and convey to Pennsylvania Suburban Water
11 Company (as successor to Philadelphia Suburban Water Company by
12 merger), certain lands and improvements thereon situate on the
13 grounds of the State Correctional Institution at Waymart, north
14 of State Route 0006 and described in subsection (b), along with
15 a water utility easement on the grounds of the State
16 Correctional Institution at Waymart as more fully described in
17 subsection (c), subject to such consideration and terms as are
18 provided in a Lease with Option to Purchase Agreement with the
19 Department of General Services, dated March 12, 2002.
20 (b) Property description.--The property to be conveyed
21 pursuant to this section consists of approximately 390-acres of
22 land bounded and described according to a metes and bounds
23 description prepared by Alfred K. Bucconear, Registered
24 Professional Land Surveyor. These lands are comprised of six (6)
25 tracts, more particularly described as follows:
26 TRACT ONE
27 ALL that certain piece, parcel or tract of land lying,
28 situate and being in the Township of Canaan, County of Wayne and
29 Commonwealth of Pennsylvania, bounded and described as follows,
30 to wit:
20020S1453B2447 - 9 -
1 BEGINNING at the southerly corner of a tract of land in the
2 warrantee name of James Chapman, being also a northerly corner
3 of a tract of land in the warrantee name of Benjamin Mason;
4 thence south nine and one quarter degrees east sixty nine and
5 nine tenths rods to a corner; thence by a parcel of land
6 containing one acre, heretofore conveyed by the President,
7 Managers and Company of the Delaware and Hudson Canal Company to
8 J. B. Fitzsimmons, north seventy six degrees west eight and
9 ninety five one hundredths rods, south nine and one quarter
10 degrees east twenty rods, south seventy six degrees east seven
11 and thirty five one hundredths rods to a corner on the northerly
12 side of the Honesdale and Clarksville Turnpike; thence south six
13 and one half degrees west sixteen and five tenths rods or
14 thereabouts to the center of the Old Gravity Plane No. 20,
15 thence up the center of said Old Gravity Plane No. 20 twenty
16 nine rods to the center of the highway crossing said plane;
17 thence south westerly along the center of the said highway two
18 hundred feet to a corner; thence north westerly parallel with
19 the center line of the Old Gravity Plane No. 20, four hundred
20 and eighty feet or thereabouts to a point distant one hundred
21 feet, north easterly at right angles, from the center of the
22 main line on the Honesdale Division of the Delaware and Hudson
23 Company; thence in a north westerly direction by a line parallel
24 with and distant one hundred feet north easterly at right angles
25 from the center of said main line to the south easterly line of
26 a tract of land in the warrantee name of Henry Ellis; thence in
27 a north westerly direction eight hundred and twenty feet or
28 thereabouts to a stone post marking the north easterly corner of
29 a tract of land heretofore conveyed to the Delaware and Hudson
30 Canal Company, by Thomas Thomas, etal by deed dated December 1,
20020S1453B2447 - 10 -
1 1857; thence north forty seven degrees east ninety eight rods to
2 a corner in the southwesterly line of said James Chapman tract;
3 and thence by the said line of said tract south forty four and
4 three quarters degrees east two hundred and thirteen (213) rods
5 to the place of Beginning. Being part of two tracts of land in
6 the warrantee names of Henry Ellis and Benjamin Mason; and
7 containing one hundred and sixty four (164) acres of land or
8 thereabouts; and being part of a larger tract of land conveyed
9 to the President, Managers and Company of the Delaware and
10 Hudson Canal Company by Lucy Rogers and others, by deed dated
11 March 31, 1857, and recorded in the office for the recording of
12 deeds & etc. in and for Wayne County, in Deed Book No. 25, Page
13 52, as by reference thereto will more fully appear.
14 BEING part of the same premises which The Delaware And Hudson
15 Company (Formerly The President, Managers, and Company of the
16 Delaware and Hudson Canal Company), by indenture, dated February
17 19, 1907, and recorded in Wayne County Deed Book Volume 97 at
18 Page 98, granted, conveyed, released and remised to The
19 Commonwealth of Pennsylvania, GRANTOR herein.
20 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
21 successors and assigns, all lands of Tract One, which are
22 located southerly of the center of the right of way of ROUTE
23 6/STATE ROUTE 0006.
24 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
25 successors and assigns, a certain parcel of land, described as
26 follows, to wit:
27 BEGINNING at a point or corner, located in the center of the
28 right of way of Route 6/State Route 0006, at the intersection,
29 with a certain entrance/exit roadway, leading south, into and
30 through, lands of the Commonwealth of Pennsylvania (D.B. 97,
20020S1453B2447 - 11 -
1 P.98 - The First (Parcel) Thereof:); thence, along the center of
2 the right of way of the aforesaid Route 6/State Route 0006, the
3 following two, curvilinear and/or chord, courses and distances:
4 Along the arc of a curve to the right, in a northwesterly
5 direction, having a central angle of 11 degrees 35 minutes 51
6 seconds, with a radius of 1432.69 feet, a distance or arc length
7 of 290.00 feet to a point or corner and North 61 degrees 29
8 minutes 09 seconds West 85.01 feet to a point or corner; thence,
9 departing from said public highway and through lands of the
10 Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First
11 (Parcel) Thereof:); the following four courses and distances:
12 North 27 degrees 36 minutes 54 seconds East 403.77 feet to an
13 iron pin corner set, located southwesterly of a certain private
14 roadway; thence, South 62 degrees 23 minutes 06 seconds East
15 100.00 feet to an iron pin corner set, located southwesterly of
16 the aforesaid private roadway; thence, South 24 degrees 43
17 minutes 05 seconds East 344.28 feet to an iron pin corner set,
18 located southwesterly of the aforesaid private roadway and;
19 thence, South 27 degrees 18 minutes 14 seconds West (Crossing a
20 certain private driveway, at 40 feet (more or less), which
21 extends northwesterly from its intersection with the aforesaid
22 private roadway referenced herein) 170.00 feet to the place of
23 beginning. Containing, within bounds, 2.7580 Acres of land,
24 inclusive of that area occupied by public highway and utility
25 companies, easements and rights of way and supporting various
26 improvements located thereon.
27 ALSO, RESERVING, unto the GRANTOR and GRANTEE herein, their
28 respective heirs, successors and assigns, and others having
29 lawful claim, the common or joint right of use, along and over,
30 the travelway (Being 15 feet, more or less, in width) of the
20020S1453B2447 - 12 -
1 private driveway and the private roadway referenced herein. The
2 subject road network extends, northerly, from the center of the
3 right of way of Route 6/State Route 0006, through lands herein
4 conveyed, to the southerly boundary (RE: South 27 degrees 18
5 minutes 14 seconds West 170.00 feet) of the premises herein
6 described. This road network shall be used for the purpose of
7 ingress, egress and regress for pedestrian and vehicular travel.
8 EXCEPTING AND RESERVING, thereout and therefrom, a certain
9 parcel, containing 2.97 acres of land, which the Commonwealth of
10 Pennsylvania, acting by and through David L. Jannetta, Secretary
11 of the Department of General Services, an administrative
12 department of the Commonwealth of Pennsylvania, with the
13 approval of the Governor of the Commonwealth of Pennsylvania, by
14 indenture, dated March 8, 1991 and recorded in Wayne County
15 Record Book Volume 0562 at Page 0183, granted and conveyed to
16 Adams CATV, Inc. ALSO, RESERVING, unto the said Adams CATV,
17 Inc., its successors and assigns, a certain 33 foot right of way
18 running from State Route 0006 to the westerly side line of the
19 aforesaid 2.97 acre parcel (see Wayne County Map Book Volume 74
20 at page 09).
21 TRACT TWO (Consisting of two parcels)
22 ALL those two certain tracts or parcels of land in the
23 Township of Canaan, in the County of Wayne and State of
24 Pennsylvania, bounded and described as follows to wit:
25 THE FIRST PARCEL THEREOF, BEGINNING at a point in the line
26 between lands now or formerly of George L. Morss and the estate
27 of Noah Rogers deceased, sixty five (65) rods from the south
28 corner of said Morss land on said tract, and about six (6) rods
29 north easterly from the abandoned Gravity Railroad line of the
30 Delaware and Hudson Company; thence south forty six and two
20020S1453B2447 - 13 -
1 thirds degrees sixty five (65) rods to a stone post in the south
2 westerly line of a tract of land in the warrantee name of Henry
3 Ellis; thence along the south westerly original line of said
4 tract, north forty three and one third degrees west two hundred
5 ten (210) rods to a corner; thence north forty six and two
6 thirds degrees east ten (10) rods to a corner; and thence by a
7 straight line two hundred seventeen and one tenths (217.1) rods
8 to the place of beginning. Containing forty nine and two tenths
9 (49.2) acres be the same more or less.
10 THE SECOND PARCEL THEREOF, BEGINNING at a post and stones
11 corner in the line of land in the Warrantee name of Henry Ellis,
12 being the northerly corner of land conveyed by the President,
13 Managers and company of the Delaware and Hudson Canal Company to
14 Francis Wolcott, and known by the name of the Tymons and McLane
15 Lot; thence by land of said Wolcott north sixty four and three
16 fourths degrees west fifty two and seven tenths (52.7) rods to a
17 post and stone corner; thence north seventy eight and three
18 fourths degrees west twenty five and one fourths (25-1/4) rods
19 to a post and stones corner; thence north eleven and one fourth
20 degrees east twenty seven (27) rods to a post and stones corner;
21 thence north forty six and one fourth degrees east eleven and
22 one fourths (11 1/4) rods to a line of land in the warrantee
23 name of Henry Ellis; and thence by said line south forty three
24 and three fourths degrees east eighty five and four tenths
25 (85.4) rods to the place of beginning. Containing eight (8)
26 acres and sixty nine (69) perches be the same more or less.
27 BEING the same two tracts of land conveyed to the Hudson Coal
28 Company by the Delaware and Hudson Company by deed dated
29 September 28, 1908, and recorded in the office for the recording
30 of deeds in and for Wayne County, in Deed Book No. ninety nine
20020S1453B2447 - 14 -
1 (99) at Page one hundred and fifteen (115), and being the
2 twelfth and thirteenth parcels therein described as by reference
3 thereto will more fully appear.
4 BEING the same parcels, respectively, of the same premises,
5 which The Hudson Coal Company, by indenture, dated June 8, 1912,
6 and recorded in Wayne County Deed Book Volume 105 at Page 455,
7 remised, released and quit-claimed to The Commonwealth of
8 Pennsylvania, GRANTOR herein.
9 TRACT THREE (Consisting of two parcels)
10 ALL those certain tracts or parcels of land bounded and
11 described as follows to wit:
12 THE FIRST PARCEL THEREOF, situate in the Township of Canaan,
13 County of Wayne and State of Pennsylvania and being part of a
14 tract of land in the warrantee name of Henry Ellis, said part of
15 said tract being bounded and described as follows to wit:
16 BEGINNING at a stones post, the westerly corner of a tract of
17 land conveyed to the party of the first part and hereto by Lucy
18 Rogers by deed dated March 31, 1857, and hereinafter recited;
19 thence by lands of the Hudson Coal Company north forty seven
20 degrees east sixty five (65) rods to a corner; thence by land
21 heretofore conveyed by the party of the first part hereto to the
22 party of the second part hereto by deed dated February 19, 1907,
23 in a southeasterly direction eight hundred twenty (820) feet or
24 thereabouts to a point distant one hundred (100) feet north
25 easterly at right angles from the center of the main line of the
26 Honesdale Division Railroad of the Delaware and Hudson Company
27 thence in a south westerly direction by a line parallel with and
28 distant one hundred (100) feet north westerly at right angles
29 from the center line of said main line, fourteen hundred and
30 sixty five (1465) feet or thereabouts to a point in the south
20020S1453B2447 - 15 -
1 westerly line of said Henry Ellis warrantee tract, and thence
2 along the same north forty four degrees west forty eight (48)
3 feet or thereabout to the place of Beginning. Containing five
4 and sixteenths (5.16) acres be the same more or less. Being part
5 of the same land conveyed to the President, Managers, and
6 Company of the Delaware and Hudson Canal Company by Lucy Rogers
7 and others, by deed dated March 31, 1857, and recorded in the
8 office for the recording of deeds, etc. in and for Wayne County,
9 in Deed Book twenty five (25) page fifty two (52) as by
10 reference thereto will more fully appear.
11 THE SECOND PARCEL THEREOF, situate partly in the Township of
12 Canaan, County of Wayne and State of Pennsylvania, and partly in
13 the Township of Carbondale, County of Lackawanna and State of
14 Pennsylvania, and being part of a tract of land in the warrantee
15 name of Solomon Ellis said part of said tract being bounded and
16 described as follows to wit: BEGINNING at a stones post in the
17 northeasterly line of said warrantee tract at the westerly
18 corner of a tract of land conveyed by Owen McLane et al to the
19 President, Managers, and Company of the Delaware and Hudson
20 Canal Company by deed dated October 21, 1857; thence by the
21 aforesaid tract south forty four and one half degrees one
22 hundred and twelve and nine tenths (112.9) rods to a stone post;
23 thence south forty six degrees west seventy three and two tenths
24 (73.2) rods to a stone post; thence north forty four and one
25 half degrees west one hundred and twelve and three tenths
26 (112.3) rods to a stones corner in the north westerly line of
27 said Solomon Ellis tract; thence along the same north forty five
28 and one half degrees east seventy-three and two tenths (73.2)
29 rods to the place of Beginning, and containing fifty (50) acres
30 of land be the same more or less. Being the same parcel of land
20020S1453B2447 - 16 -
1 reputed to have been sold by contract by Joseph R. Priestly,
2 Attorney for the heirs of William Russell, deceased, dated
3 February 8, 1843 to Patrick Colleton and by agreement dated
4 February 11, 1854 sold by contract by Patrick Colleton to the
5 Delaware and Hudson Canal Company, and which tract of land has
6 been in the undisputed possession of the said Delaware and
7 Hudson Canal Company since the date of the aforesaid contract of
8 February 11, 1854.
9 TOGETHER WITH all the right, title and privilege to erect and
10 maintain a reservoir on all that certain tract of land situate
11 in the Township of Canaan, County of Wayne and State of
12 Pennsylvania, bounded and described as follows: Beginning at a
13 post and stones corner being the northerly corner of a tract of
14 land in the warrantee name of Solomon Ellis; thence by lands of
15 the Hudson Coal Company south forty four and one half degrees
16 east one hundred thirteen and one half (113 1/2) rods to a
17 corner of land now or late of the estate of Isaac Plant; thence
18 by lands of said estate south forty six degrees west seventy and
19 nine tenths (70.9) rods to a corner of land known as the
20 Colleton lot being the easterly corner of the parcel of land
21 last above described; thence by said Colleton lot north forty
22 four and one half degrees west one hundred and twelve and nine
23 tenths (112.9) rods to the northwesterly line of a tract of land
24 in the warrantee name of Solomon Ellis and thence by said line
25 north forty five and one half degrees east seventy and eight
26 tenths (70.8) rods to the place of Beginning. Comprising what is
27 known as the Tymons and McLane lot, and containing fifty (50)
28 acres and thirty two (32) perches be the same more or less.
29 TOGETHER WITH the right to maintain said reservoir upon said
30 lot to any height it may desire and to overflow said lots or any
20020S1453B2447 - 17 -
1 part thereof without any restriction and to draw take and use
2 the water from said reservoir at its discretion and for this
3 purpose to form, construct, enlarge, repair, rebuild, maintain,
4 and use at its discretion all and singular such devices,
5 fixtures, appliances, and appendages for taking and using said
6 water, as it, its agents or engineers may at any time deem
7 expedient, and also the unrestricted right to raise the dam
8 across the outlet of said reservoir to any height it may desire
9 and for this purpose to take and use all and singular such
10 materials from said described lot as it, its agents or engineers
11 may deem needful or convenient, and also the right as aforesaid
12 for all purposes connected with the use and enlargement of said
13 dam the unrestricted right of ingress and egress to upon and
14 from the said lots for itself and its employees with teams and
15 implements of labor. Being all the rights reserved by the
16 President, Managers, and Company of the Delaware and Hudson
17 Canal Company in its deed of June 29, 1869, to Frances Wolcott
18 and recorded in the office for the recording of deeds in and for
19 Wayne County in Deed Book No. thirty eight (38) page four
20 hundred and eight seven (487) as by reference thereto will more
21 fully appear.
22 BEING the same parcels, respectively, of the same premises,
23 which The Delaware and Hudson Company (Formerly the President,
24 Managers, and Company of The Delaware and Hudson Canal Company),
25 by indenture, dated May 27, 1912 and recorded in Wayne County,
26 Deed Book Volume 105 at Page 457, remised, released and quit-
27 claimed to the Commonwealth of Pennsylvania, GRANTOR herein.
28 EXCEPTING AND RESERVING from and out of the above described
29 parcels of land so much thereof as is used or occupied by public
30 highways.
20020S1453B2447 - 18 -
1 TRACT FOUR (Consisting of two parcels)
2 ALL those certain pieces, parcels or tracts of land lying,
3 situate and being in the Township of Canaan, County of Wayne and
4 Commonwealth of Pennsylvania, bounded and described as follows,
5 to wit:
6 THE FIRST PARCEL THEREOF, BEGINNING at a corner on the
7 northerly margin of the main public highway leading from
8 Honesdale to Carbondale in the division line between lands
9 formerly of George G. Gill and lands of Ray W. Hull, said corner
10 being the northeasterly corner of the said Gill lands; thence
11 north eleven degrees west twelve hundred seventy and five tenths
12 feet to a stake corner in line of the said Gill lands; thence
13 north eighty degrees east ten hundred six and five tenths feet
14 along said Gill lands and lands of B.F. Long to a concrete post
15 corner; thence north thirty degrees east seven hundred and fifty
16 nine feet to a concrete post corner; thence south twenty three
17 degrees and thirty minutes east nineteen hundred and thirty one
18 feet to a corner in a stone wall; thence south two degrees east
19 by lands of B.F. Long and the Waymart Water Company one hundred
20 and sixty four feet to a post and stones corner in line of lands
21 of Eliza R. Shaffer; thence south eighty degrees and thirty
22 minutes west along said Shaffer lands five hundred and seventy
23 two feet to a post corner; thence north eighteen degrees and
24 thirty minutes west five hundred and fourteen feet to a post
25 corner; thence south seventy nine degrees west three hundred and
26 six feet to a post corner; thence south nineteen degrees and
27 fifteen minutes east two hundred and eighty feet to a post
28 corner; thence south eighty two degrees east one hundred and
29 forty seven feet to a post corner; thence south nineteen degrees
30 and fifteen minutes east one hundred and forty nine feet to a
20020S1453B2447 - 19 -
1 corner; thence south forty four degrees east fifty one feet to a
2 maple tree for a corner in line of lands of Eva M. Palmer;
3 thence south eighty two degrees and thirty minutes west along
4 said Palmer lands one hundred and thirty nine feet to a corner;
5 thence south no degrees and forty five minutes west one hundred
6 and fourteen feet to a corner in line of lands of Harold A.
7 Reed; thence north eighty seven degrees and thirty minutes west
8 two hundred and ten feet to a corner; thence south one degree
9 east two hundred and eight feet to the northerly margin of the
10 said main public highway between Honesdale and Carbondale;
11 thence along the said public highway in a general westerly
12 direction ten hundred and fifty feet to the place of Beginning.
13 Containing approximately sixty acres of land. Being a part of
14 the same land which Joseph Fellows conveyed to John Shaffer by
15 deed dated September 23, 1828 and recorded in Wayne County Deed
16 Book No. 11, page 151, etc. And which Alexander McMillan etal.,
17 by assignment dated February 26, 1876, conveyed to John Shaffer,
18 Jr. as recorded in Deed Book No. 48, page 143, etc. And being a
19 part of the same land that Mary Clark, Amy Shaffer and Carrie E.
20 Betz, sole heirs of John Shaffer, conveyed to Ray W. Hull by
21 deed dated January 21, 1903, and recorded in Deed Book No. 90,
22 page 423, etc. And being a part of the same land that Ray W.
23 Hull, by his last will and testament dated April 1, 1916, and
24 recorded in the Register's Office of Wayne County willed and
25 bequeathed to Bertha E. Hull. And being the same land which
26 Bertha E. Hull by her deed dated October 18, 1921, and recorded
27 in Wayne County in Deed Book No. 117, page 152, granted and
28 conveyed to William M. Lynch.
29 THE SECOND PARCEL THEREOF, being all that other certain lot
30 or parcel of land situate in the said Township of Canaan, County
20020S1453B2447 - 20 -
1 of Wayne, and State of Pennsylvania.
2 BEGINNING at a corner on the northerly margin of the said
3 main public highway leading from Honesdale to Carbondale; said
4 corner being the southeasterly corner of lands formerly of
5 George G. Gill, and being in the division line between said
6 Gill's lands and lands formerly of Ray W. Hull; thence north
7 eleven degrees west twelve hundred seventy and five tenths feet
8 to a post corner; thence north eighty degrees east three hundred
9 thirteen and five tenths feet to an iron pin for a corner in
10 line of lands of B.F. Long, formerly the Patterson Estate;
11 thence along lands of said Long north forty four degrees and
12 thirty minutes west nine hundred and ninety feet to an iron pin
13 for a corner in line of lands of the R. Manville Estate; thence
14 south forty five degrees and thirty minutes west along said
15 Manville lands nine hundred and ninety feet to a concrete post
16 for a corner in line of lands of the Commonwealth of
17 Pennsylvania; thence along said lands south nine degrees and
18 fifteen minutes east five hundred forty seven and eight tenths
19 feet to a corner in line of lands now or formerly of H.D.
20 Burleigh; thence along said Burleigh lands south twenty eight
21 degrees and thirty minutes east five hundred eighty two and
22 seventy five one hundredths feet to a corner in line of lands of
23 Frank P. Woodward; thence along said Woodward's line north sixty
24 one degrees and thirty minutes east one hundred and thirty two
25 feet to a corner; thence still along Woodward's lands south
26 twenty eight degrees and thirty minutes east three hundred and
27 thirty feet to a corner in the northerly margin of the said main
28 public highway between Honesdale and Carbondale, and thence
29 along said public highway the following courses and distances
30 namely: North sixty one degrees and thirty minutes east, one
20020S1453B2447 - 21 -
1 hundred seventy eight and five tenths feet; north sixty seven
2 degrees east one hundred ninety eight feet and south eighty
3 degrees east two hundred ninety seven feet to the place of
4 Beginning. Containing about fifty acres of land, be the same
5 more or less.
6 THE TWO PARCELS OF LAND ABOVE described join each other along
7 the line north eleven degrees west twelve hundred seventy and
8 five tenths feet, and along the line north eighty degrees east
9 for a distance of three hundred thirteen and five tenths feet.
10 The second parcel of land being a part of the same parcel of
11 land which S.A. McMullen etux, by deed dated August 1, 1917. And
12 recorded in Wayne County in Deed Book No. 109, page 521, etc.,
13 granted and conveyed to George W. Gill; and which the said
14 George W. Gill, by his last will and testament dated November 1,
15 1918, and recorded in Wayne County in Will book No. 11, page
16 242, devised to his wife Nettie K. Gill; and a part of the same
17 land which the said Nettie K. Gill, widow, by her deed dated
18 September 14, 1921, and recorded in Wayne County in Deed Book
19 No. 116, page 534, granted and conveyed to the said William M.
20 Lynch.
21 BEING the same parcels, respectively, of the same premises,
22 which William M. Lynch and Jessie A. Lynch, his wife, by deed,
23 dated May 29, 1925 and recorded in Wayne County Deed Book Volume
24 124 at Page 216, granted and conveyed to The Commonwealth of
25 Pennsylvania, Grantor herein.
26 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
27 successors and assigns, all lands of Tract Four, which are
28 located southerly of the center of the right of way of ROUTE
29 6/STATE ROUTE 0006.
30 TRACT FIVE (Consisting of two parcels)
20020S1453B2447 - 22 -
1 ALL that certain piece, parcel or tract of land lying,
2 situate and being in the Township of Canaan, County of Wayne and
3 Commonwealth of Pennsylvania, bounded and described as follows,
4 to wit:
5 THE FIRST PARCEL THEREOF, being a said narrow strip of land
6 BEGINNING at the division line between lands conveyed to The
7 Delaware and Hudson Railroad Corporation, and/or predecessor by
8 Charles H. Ball, by deed dated May 3, 1900, and recorded in
9 Wayne County Deed Book No. 86, page 411, and lands conveyed by
10 Charles M. Betz, by deed dated September 26, 1899, and recorded
11 in Wayne County Deed Book No. 85, page 416; thence continuing in
12 a general westerly direction, including a parcel of land of the
13 average minimum width of two hundred (200) feet, a distance of
14 approximately four thousand five hundred twelve (4,512) feet,
15 measured along the center line of the right of way of said
16 railroad to a point in the line between the Henry Ellis and
17 Solomon Ellis warrants, and marked by a cut stone corner at the
18 line intersection of the warrant lines of the Henry Ellis and
19 Solomon Ellis warrants.
20 BEING a portion of the land conveyed to The Delaware and
21 Hudson Railroad Corporation, and/or its predecessors, by deed
22 from Charles M. Betz, Guardian, by deed dated September 26,
23 1899, and recorded in Wayne County Deed Book No. 85, page 416.
24 AND BEING the "fifty-six" parcel in the aforesaid deed from
25 The Delaware and Hudson Railroad Corporation to Rice Coal
26 Company and also being a portion of the lands as conveyed by
27 Lucy Rogers by deed dated March 31, 1857, and recorded in Wayne
28 County Deed Book No. 25, page 52, and a portion of the land
29 conveyed by Mary E. Rogers by deed dated April 7, 1859, and
30 recorded in Wayne County Deed Book No. 26, page 374, this
20020S1453B2447 - 23 -
1 portion being parcel "fifty-seventh" in the aforesaid deed from
2 The Delaware and Hudson Railroad Corporation to Rice Coal
3 Company. Also being a portion of the land conveyed to The
4 Delaware and Hudson Railroad Corporation and/or its predecessors
5 by deed of Gilbert M. Lee, etux, dated July 7, 1837 and recorded
6 in Wayne County Deed Book No. 10 Page 216, and is the "fifty-
7 eight" parcel in the aforesaid deed to Rice Coal Company, and
8 also the property conveyed to The Delaware and Hudson Railroad
9 Corporation, and/or its predecessors by deed of George H.
10 Foster, etux, dated December 11, 1899, and recorded in Wayne
11 County Deed Book No. 86, page 22. Being the "fifty-ninth" parcel
12 in the deed from The Delaware and Hudson Railroad Corporation to
13 Rice Coal Company.
14 EXCEPTING AND RESERVING, unto the GRANTOR herein, its
15 successors and assigns, all lands of Tract Five, which are
16 located southerly of the center of the right of way of ROUTE
17 6/STATE ROUTE 0006.
18 THE SECOND PARCEL THEREOF, being all that certain piece,
19 parcel or tract of land lying, situate and being in the Township
20 of Canaan, County of Wayne and Commonwealth of Pennsylvania,
21 bounded and described as follows, to wit:
22 A STRIP OF LAND approximately one hundred (100) feet in
23 width, being the former right of way, and approximately twelve
24 hundred eight (1,208) feet in length, measured along the center
25 line of the right of way of said railroad, being bounded on the
26 east by lands heretofore conveyed to The Delaware and Hudson
27 Railroad Corporation and/or its predecessors, by George O'Leary
28 etux., by deed dated February 15, 1900, and recorded in Wayne
29 County Deed Book No. 86, page 118, with said property of George
30 O'Leary has subsequently been conveyed to Rice Coal Company in
20020S1453B2447 - 24 -
1 the aforesaid deed, and is designated as parcel "sixty-first"
2 therein, which said strip of land is bounded on the west by
3 lands heretofore conveyed to The Delaware and Hudson Railroad
4 Corporation, and or its predecessors in title by L.H. Alden
5 etux., by deed dated May 25, 1869, and recorded in Wayne County
6 Deed Book No.36, page 324, which said Alden property is now
7 owned by Rice Coal Company and was conveyed to it as parcel
8 "sixty-third" in the aforesaid deed from The Delaware and Hudson
9 Railroad Corporation to Rice Coal Company.
10 BEING part of the same premises, which Rice Coal Company, a
11 Pennsylvania corporation, by indenture, dated July 7, 1942 and
12 recorded in Wayne County Deed Book Volume 150 at Page 516,
13 granted and released to the Commonwealth of Pennsylvania,
14 Grantor herein.
15 TRACT SIX (Consisting of four parcels)
16 ALL those four pieces, parcels, tracts, or lots of land
17 situated in the Township of Canaan, in the County of Wayne and
18 Townships of Fell and Carbondale, in the County of Lackawanna
19 and Commonwealth of Pennsylvania, bounded and described as
20 follows, to
21 wit:
22 THE FIRST PARCEL THEREOF consisting of land partly in Canaan
23 Township, Wayne County, partly in Fell Township and partly in
24 Carbondale Township, Lackawanna County described as follows:
25 BEGINNING at a point in the southeasterly side of the Milford
26 and Owego Turnpike (now abandoned) which lies in the line which
27 divides the warrant line between Samuel Ellis and Solomon Ellis;
28 thence by land surveyed to Solomon Ellis north 50 degrees 18
29 minutes east 201.3 feet to a cut stone monument in said warrant
30 line which marks the southwesterly corner of the Tymons and
20020S1453B2447 - 25 -
1 McLean lot; thence along said warrant line which forms the
2 northwesterly boundary of said Tymons and McLean lot north 50
3 degrees 18 minutes east 1187.5 feet to a cut stone monument
4 which lies in the southwesterly boundary line of the Henry Ellis
5 warrant; thence along said southwesterly boundary line of said
6 Henry Ellis warrant, north 38 degrees 45 minutes west 991.1 feet
7 to a cut stone monument in said Henry Ellis boundary line;
8 thence still along said boundary line north 38 degrees 57
9 minutes west 434.3 feet to a cut stone monument in said line;
10 thence still along said Henry Ellis warrant line north 38
11 degrees 41 minutes west 1129.6 feet to a stake and stones
12 corner; thence south 86 degrees 50 minutes west 24.6 feet to a
13 corner marked by a cut stone monument in the easterly line of
14 the G.L. Morss Estate; thence along the easterly line of said
15 G.L. Morss Estate south 6 degrees 7 minutes west 2443.2 feet
16 along an old stone wall to a corner in a stone wall on the
17 northerly side of the aforementioned Milford and Owego Turnpike;
18 thence along the northerly side of said Turnpike south 61
19 degrees 13 minutes east 400 feet to a point which marks the
20 northwesterly corner of the second parcel which will hereafter
21 appear in this Deed; thence along the northerly side of the
22 second parcel and along the southerly side of said Turnpike
23 south 61 degrees 13 minutes east 532 feet to the place of
24 Beginning; containing 65.9 acres of land, be the same more or
25 less.
26 THE SECOND PARCEL THEROF consisting of land partly in Canaan
27 Township, Wayne County and partly in Carbondale Township,
28 Lackawanna County, described as follows: BEGINNING on the
29 southerly side of the old Milford and Owego Turnpike in the
30 division line between the Samuel Ellis warrant and the Solomon
20020S1453B2447 - 26 -
1 Ellis Warrant, which point is also in the westerly line of the
2 "Colloton Lot"; thence along the westerly line of said Solomon
3 Ellis warrant and along a stone wall built thereon south 50
4 degrees 38 minutes west 315 feet to a point; south 52 degrees 12
5 minutes west 337 feet to a point, and south 53 degrees 0 minutes
6 west 348 feet to a built up stones corner at the southwesterly
7 corner of the "Colloton Lot"; thence still along the westerly
8 line of said Solomon Ellis warrant south 50 degrees 13 minutes
9 west 1640 feet to an established stones corner; thence north 38
10 degrees 42 minutes west 495 feet to an established stones
11 corner; thence along an old wire fence and an old stone wall
12 north 50 degrees 57 minutes east 2,436 feet to a point in the
13 southerly side of the aforementioned Milford and Owega Turnpike;
14 thence along the southerly side of said Turnpike south 61
15 degrees 13 minutes east 532 feet to the place of Beginning.
16 Containing 29.82 acres of land, be the same more or less.
17 THE THIRD PARCEL THEREOF consisting of land in the Township
18 of Canaan, and County of Wayne, Pennsylvania, described as
19 follows: BEGINNING at a point at the easterly edge of a
20 conglomerate table rock quarry said point being situated on a
21 course of south 38 degrees 42 minutes east 468 feet from the
22 southwesterly corner of the "Colloton Lot" thence along the
23 southerly side of said "Colloton Lot" south 38 degrees 42
24 minutes east 647.5 feet to the northerly right of way line of
25 the old Delaware and Hudson Company's Light Tract; thence along
26 the northerly right of way line of said tract south 28 degrees
27 53 minutes west 491 feet to a concrete right of way monument of
28 said Railroad; thence south 59 degrees 12 minutes east 7.4 feet
29 to a concrete monument which is situated 33 feet distant
30 northwesterly from the center line of said Railroad Tracks
20020S1453B2447 - 27 -
1 (abandoned); thence along said right of way parallel with and
2 situated 33 feet distant northwesterly from said center line of
3 track the following courses and distances south 30 degrees 15
4 minutes west 201.9 feet to a point, south 43 degrees 19 minutes
5 west 102.3 feet to a point, and south 52 degrees 29 minutes west
6 148.2 feet to a point in the division line between Wayne and
7 Lackawanna Counties; thence along the Wayne-Lackawanna County
8 line north 5 degrees 53 minutes east 1279.8 feet to the place of
9 Beginning. Containing 7.5 acres of land be the same more or
10 less.
11 EXCEPTING AND RESERVING therefrom a parcel of land n/l owned
12 by the Rice Coal Company described as follows:
13 BEGINNING at a point in the northerly right of way line of
14 The Delaware and Hudson Company's Light Track situated distant
15 northwesterly 33 feet from the center line of said Railroad
16 Track (now abandoned); thence south 30 degrees 15 minutes west
17 201.9 feet to a point south 43 degrees 19 minutes west 102.3
18 feet to a point and south 52 degrees 29 minutes west 148.2 feet
19 to a point situated in the division line between Wayne and
20 Lackawanna County; thence along the Wayne-Lackawanna County line
21 north 5 degrees 53 minutes east 105.8 feet to a point which is
22 situated distant 40 feet at right angles from the center line of
23 the old Standard Gauge Steam Railroad; thence along the
24 northerly right of way line of said Steam Railroad being distant
25 40 feet Northerly and parallel therewith the following courses
26 and distance, north 65 degrees 56 minutes east 68.9 feet; north
27 54 degrees 50 minutes east 109.6 feet; north 45 degrees 28
28 minutes east 96.1 feet and north 32 degrees 50 minutes east 93
29 feet to a concrete monument situated about 40 feet from the
30 center line of the aforementioned Railroad; thence south 59
20020S1453B2447 - 28 -
1 degrees 12 minutes east 7.4 feet to the place of Beginning.
2 Containing 0.34 acres of land be the same more or less.
3 THE FOURTH PARCEL THEREOF consisting of land in the Township
4 of Canaan, and County of Wayne, Pennsylvania, described as
5 follows: BEGINNING at a cut stone corner in the southwesterly
6 boundary line of the Henry Ellis warrant, said corner is also
7 situated at a point where the Samuel Ellis warrant and Solomon
8 Ellis warrant lines intersects that of the Henry Ellis warrant;
9 thence along the Henry Ellis warrant line south 38 degrees 42
10 minutes east 1883.2 feet to a well established old stones corner
11 being the northwesterly corner of the Isaac Plant Lot and now
12 owned by The Delaware and Hudson Canal Company; thence along
13 said Isaac Plant Lot and along an old stone wall south 51
14 degrees 27 minutes west 1169.3 feet to a cut stone corner
15 marking the northeasterly corner of the "Colloton Lot"; thence
16 along the northeasterly line of said "Colloton Lot" thence along
17 the northeasterly line of said "Colloton Lot" and crossing the
18 southerly portion of No.7, Pond north 39 degrees 17 minutes west
19 1860.2 feet to a cut stone monument in the warrant line between
20 Samuel Ellis warrant and Solomon Ellis warrant; thence along
21 said warrant line north 50 degrees 18 minutes east 1187.5 feet
22 to the place of Beginning. Containing 50.63 acres of land, be
23 the same more or less.
24 BEING the same parcels, respectively, of the same premises,
25 which William Francis Wolcott and Bessie C. Wolcott, his wife,
26 and Ira B. Rutherford and Gertrude H. Rutherford, his wife, by
27 indenture, dated October 10, 1951 and recorded in Wayne County
28 Deed Book Volume 179 at Page 499, granted and released to the
29 Commonwealth of Pennsylvania, Grantor herein.
30 (c) Water utility easement.--The water utility easement to
20020S1453B2447 - 29 -
1 be conveyed pursuant to this section consists of approximately 3
2 acres of land described according to a metes and bounds
3 centerline description prepared by Alfred K. Bucconear,
4 Registered Professional Land Surveyor, and more particularly
5 described as follows:
6 A center line commencing at the WATERLINE @ C/L, said point
7 being the POINT OF BEGINNING; thence N 67 degrees 58 minutes 44
8 seconds W, a distance of 304.82 feet; thence N 68 degrees 32
9 minutes 54 seconds W, a distance of 162.62 feet; thence N 69
10 degrees 06 minutes 29 seconds W, a distance of 250.30 feet;
11 thence N 67 degrees 54 minutes 37 seconds W, a distance of
12 137.65 feet; thence N 69 degrees 04 minutes 08 seconds W, a
13 distance of 128.40 feet; thence N 67 degrees 52 minutes 59
14 seconds W, a distance of 144.65 feet; thence N 68 degrees 41
15 minutes 17 seconds W, a distance of 464.81 feet; thence N 64
16 degrees 30 minutes 34 seconds W, a distance of 47.02 feet;
17 thence N 51 degrees 36 minutes 45 seconds W, a distance of 29.09
18 feet; thence N 31 degrees 12 minutes 58 seconds W, a distance of
19 25.90 feet; thence N 21 degrees 27 minutes 04 seconds W, a
20 distance of 86.46 feet; thence N 20 degrees 37 minutes 09
21 seconds W, a distance of 134.01 feet; thence N 19 degrees 36
22 minutes 44 seconds W, a distance of 96.82 feet; thence N 16
23 degrees 55 minutes 13 seconds W, a distance of 62.30 feet;
24 thence N 12 degrees 31 minutes 15 seconds W, a distance of 41.75
25 feet; thence N 06 degrees 00 minutes 09 seconds W, a distance of
26 49.29 feet; thence N 02 degrees 57 minutes 11 seconds E, a
27 distance of 41.92 feet; thence N 09 degrees 17 minutes 39
28 seconds E, a distance of 38.51 feet; thence N 10 degrees 04
29 minutes 02 seconds E, a distance of 56.80 feet; thence N 11
30 degrees 22 minutes 59 seconds E, a distance of 115.75 feet;
20020S1453B2447 - 30 -
1 thence N 00 degrees 47 minutes 04 seconds E, a distance of 69.47
2 feet; thence N 08 degrees 59 minutes 25 seconds W, a distance of
3 64.41 feet; thence N 53 degrees 53 minutes 45 seconds W, a
4 distance of 55.63 feet; thence N 57 degrees 54 minutes 19
5 seconds W, a distance of 35.41 feet; thence N 61 degrees 25
6 minutes 32 seconds W, a distance of 34.61 feet; thence N 63
7 degrees 08 minutes 43 seconds W, a distance of 45.47 feet;
8 thence N 73 degrees 58 minutes 07 seconds W, a distance of 53.96
9 feet; thence N 84 degrees 19 minutes 04 seconds W, a distance of
10 67.71 feet; N 88 degrees 47 minutes 01 second W, a distance of
11 57.62 feet; thence N 89 degrees 45 minutes 20 seconds W, a
12 distance of 105.03 feet; thence 88 degrees 57 minutes 12 seconds
13 W, a distance of 147.71 feet; thence 89 degrees 44 minutes 42
14 seconds W, a distance of 42.69 feet; thence N 78 degrees 29
15 minutes 22 seconds W, a distance of 293.49 feet; thence S 89
16 degrees 24 minutes 49 seconds W, a distance of 158.70 feet;
17 thence S 87 degrees 45 minutes 54 seconds W, a distance of
18 106.48 feet; thence N 89 degrees 24 minutes 25 seconds W, a
19 distance of 119.83 feet; thence N 81 degrees 23 minutes 05
20 seconds W, a distance of 66.08 feet; thence N 79 degrees 31
21 minutes 39 seconds W, a distance of 76.12 feet; thence N 72
22 degrees 18 minutes 15 seconds W, a distance of 73.70 feet;
23 thence N 71 degrees 05 minutes 29 seconds W, a distance of
24 251.05 feet; thence N 64 degrees 19 minutes 14 seconds W, a
25 distance of 131.97 feet; thence N 52 degrees 55 minutes 18
26 seconds W, a distance of 32.11 feet; thence N 49 degrees 47
27 minutes 22 seconds W, a distance of 37.45 feet; thence N 45
28 degrees 04 minutes 27 seconds W, a distance of 194.66 feet;
29 thence S 88 degrees 12 minutes 46 seconds W, a distance of
30 174.58 feet; thence N 65 degrees 26 minutes 45 seconds W, a
20020S1453B2447 - 31 -
1 distance of 161.09 feet; thence N 66 degrees 34 minutes 46
2 seconds W, a distance of 259.68 feet; thence N 69 degrees 29
3 minutes 27 seconds W, a distance of 102.10 feet; thence N 67
4 degrees 50 minutes 25 seconds W, a distance of 81.83 feet;
5 thence N 62 degrees 58 minutes 23 seconds W, a distance of 61.90
6 feet; thence N 53 degrees 27 minutes 53 seconds W, a distance of
7 58.71 feet; thence N 39 degrees 55 minutes 19 seconds W, a
8 distance of 106.99 feet; thence N 37 degrees 18 minutes 39
9 seconds W, a distance of 186.81 feet; thence N 37 degrees 28
10 minutes 40 seconds W, a distance of 89.60 feet; thence N 16
11 degrees 14 minutes 14 seconds W, a distance of 12.53 feet;
12 thence N 28 degrees 40 minutes 54 seconds E, a distance of 19.17
13 feet to the POINT OF ENDING.
14 (d) Conditions.--The conveyance shall be made under and
15 subject to all lawful and enforceable easements, servitudes and
16 rights of others, including but not confined to streets,
17 roadways and rights of any telephone, telegraph, water,
18 electric, gas or pipeline companies, as well as under and
19 subject to any lawful and enforceable estates or tenancies
20 vested in third persons appearing of record, for any portion of
21 the land or improvements erected thereon. The deed of conveyance
22 shall contain the following covenant "under and subject to a
23 condition that a portion of the lands herein conveyed shall
24 contain a restriction stating that any area within 500 feet of
25 the shoreline or the normal pool elevation of Carbondale
26 Reservoir No.4 (as defined by the crest of the spillway
27 elevation at the date of conveyance) shall remain open and that
28 no development can occur on that portion of the property."
29 (e) Deed.--The deed of conveyance shall be by Special
30 Warranty Deed and shall be executed by the Secretary of General
20020S1453B2447 - 32 -
1 Services in the name of the Commonwealth of Pennsylvania. The
2 deed of conveyance shall contain a clause that the property
3 conveyed shall be used for public water purposes by the
4 Pennsylvania Suburban Water Company or its successor, and, if at
5 any time the Pennsylvania Suburban Water Company or its
6 successor sells or transfers the property or permits the
7 property to be used for any purpose other than those specified
8 in this section, the title to the property shall immediately
9 revert to and revest in the Commonwealth of Pennsylvania,
10 provided that nothing in this section shall preclude the
11 Pennsylvania Suburban Water Company or its successor from
12 granting a right-of-way over such property if the grant of
13 right-of-way is approved by the Department of General Services.
14 (f) Costs and fees.--Costs and fees incidental to this
15 conveyance shall be borne by the Grantee.
16 (g) Alternative disposition.--In the event that this
17 conveyance is not executed by January 1, 2007, the property may
18 be disposed of in accordance with Article 2406-A of the Act of
19 April 9, 1929 (P.L.177, No.175), known as The Administrative
20 Code of 1929.
21 Section 4. Conveyance in Hempfield Township, Westmoreland
22 County.
23 (a) Authorization.--The Department of General Services, with
24 the approval of the Department of Corrections and the Governor,
25 is hereby authorized on behalf of the Commonwealth of
26 Pennsylvania to grant and convey to the County of Westmoreland
27 4.5662 acres of land described in subsection (b). Fair
28 consideration for the property shall be an exchange for adjacent
29 County of Westmoreland property that is of equal value as
30 determined by an independent appraisal. The exchange shall be in
20020S1453B2447 - 33 -
1 accordance with an Agreement of Sale.
2 (b) Description.--The property to be conveyed pursuant to
3 subsection (a) consists of all that certain parcel of land
4 situated in Hempfield Township, Westmoreland County,
5 Pennsylvania, bounded and described as follows:
6 All that certain parcel of land situate in Hempfield
7 Township, County of Westmoreland and Commonwealth of
8 Pennsylvania, being more particularly bounded and described as
9 follows, to wit:
10 BEGINNING at a point in the middle of Route 119 (SR 119) on
11 the common line property owned by N/F Westmoreland County
12 Housing Authority and N/F General State Authority (Regional 5
13 Prison) thence following said dividing line N 22 degrees 06'28"W
14 a distance of 198.69' to a point being the true place of
15 beginning; thence 59 degrees 23'32"W a distance of 548.63' to a
16 point; thence N 19 degrees 37'28"W a distance of 502.15' to a
17 point; thence N 59 degrees 23'32"E a distance of 233.40' to a
18 point on line of lands N/F Westmoreland County; thence along
19 lands N/F Westmoreland County S 22 degrees 06'28"E a distance of
20 90.46' to an iron pin; thence along same S 67 degrees 06'28"E a
21 distance of 226.27' to an iron pin; thence along same N67
22 degrees 53'32"E a distance of 130.00' to an iron pin on the
23 common property line of lands N/F Westmoreland County and N/F
24 Westmoreland County Housing Authority; thence S 22 degrees
25 06'28"E a distance of 204.68' to a point being the place of
26 beginning.
27 Containing an area of 4.5662 acres.
28 (c) Conditions.--The conveyance authorized by this section
29 shall be made under and subject to all lawful and enforceable
30 easements, servitudes and rights of others, including, but not
20020S1453B2447 - 34 -
1 confined to, streets, roadways and rights of telephone,
2 telegraph, cable, water, electric, sewer, gas or pipeline
3 companies, as well as under and subject to any lawful and
4 enforceable interest, estates or tenancies vested in third
5 persons, appearing of record, for any portion of the land or
6 improvements erected thereon.
7 (d) Deed.--The deed of conveyance shall be by Special
8 Warranty Deed and shall ensure an exchange of adjacent County of
9 Westmoreland property being of equal value as the 4.5662 acres
10 described in subsection (b) and consistent with an Agreement of
11 Sale. The deed of conveyance authorized by this section shall be
12 approved as provided by law and shall be executed by the
13 Secretary of General Services in the name of the Commonwealth of
14 Pennsylvania.
15 (e) Costs and fees.--Costs and fees incidental to this
16 conveyance authorized by this section shall be borne by the
17 Grantee.
18 SECTION 5. BOROUGH OF ROYALTON. <--
19 (A) AUTHORIZATION TO RELEASE RESTRICTIONS.--THE LAND
20 DESCRIBED IN SUBSECTION (B) IS HEREBY RELEASED FROM ANY
21 RESTRICTIONS OR ENCUMBRANCES ON THE TITLE RESULTING FROM THE
22 PROVISIONS OF THE ACT OF JANUARY 19, 1968 (1967 P.L.996,
23 NO.443), KNOWN AS THE LAND AND WATER CONSERVATION AND
24 RECLAMATION ACT, IN EXCHANGE FOR THE IMPOSITION OF THE LAND AND
25 WATER CONSERVATION AND RECLAMATION ACT PROVISIONS ON LAND OWNED
26 BY THE BOROUGH OF ROYALTON AND DESCRIBED IN SUBSECTION (C).
27 (B) DESCRIPTION OF LAND TO BE RELEASED OF RESTRICTIONS.--ALL
28 THAT CERTAIN PARCEL OF LAND LOCATED IN THE BOROUGH OF ROYALTON,
29 DAUPHIN COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
30 BEGINNING AT A MONUMENT ON THE SOUTHERLY SIDE OF CANAL STREET;
20020S1453B2447 - 35 -
1 THENCE SOUTH 10 DEGREES 03 MINUTES WEST ALONG THE EASTERLY SIDE
2 OF A PRIVATE ROAD, 123.55 FEET TO A SPIKE; THENCE SOUTH 79
3 DEGREES 50 MINUTES WEST 100 FEET TO A SPIKE IN THE EASTERLY LINE
4 OF LANDS, NOW OR LATE, OF MARGARET ELLEN KERR BECKLEY; THENCE
5 NORTH 12 DEGREES 42 MINUTES EAST 97.46 FEET TO A SPIKE IN THE
6 SOUTHERLY LINE OF CANAL STREET; THENCE ALONG THE SOUTHERN LINE
7 OF SAID CANAL STREET, NORTH 75 DEGREES 50 MINUTES EAST 45.51
8 FEET TO A SPIKE; THENCE STILL ALONG THE SOUTHERLY LINE OF SAID
9 CANAL STREET, SOUTH 07 DEGREES 40 MINUTES EAST, 54.50 FEET TO A
10 MONUMENT, THE PLACE OF BEGINNING.
11 BEING THE SAME PREMISES WHICH KENNETH P. DUDLEY AND DORIS M.
12 DUDLEY, HIS WIFE, BY DEED DATED AUGUST 7, 1984, AND RECORDED IN
13 THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY, PENNSYLVANIA,
14 IN RECORD BOOK 526, AT PAGE 252, GRANTED AND CONVEYED TO THE
15 BOROUGH OF ROYALTON. AND BEING ALSO TRACT 2 UPON WHICH THE
16 BOROUGH OF ROYALTON BY DEED DATED SEPTEMBER 26, 1988, AND
17 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY,
18 PENNSYLVANIA, IN RECORD BOOK 1179, AT PAGE 363, PREVIOUSLY
19 IMPOSED THE RESTRICTION THAT THE SAID TRACT 2 BE USED FOR
20 MUNICIPAL PARK, RECREATION AND OPEN SPACE PURPOSES AS DEFINED IN
21 THE LAND AND WATER CONSERVATION AND RECLAMATION ACT.
22 (C) DESCRIPTION OF LAND TO BE RESTRICTED.--ALL OF THAT
23 CERTAIN PORTION OF LAND IN THE BOROUGH OF ROYALTON, DAUPHIN
24 COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
25 BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERN
26 RIGHT-OF-WAY LINE OF BURD STREET (50' WIDE) WITH THE EASTERN
27 LINE OF LANDS NOW OR FORMERLY OF AMTRAK, SAID POINT ALSO BEING
28 AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED LOT NO. 2;
29 THENCE, ALONG THE AFOREMENTIONED LANDS OF AMTRAK, AND ALONG THE
30 WESTERN SIDE OF A 10 FEET WIDE DRAINAGE EASEMENT, NORTH 19
20020S1453B2447 - 36 -
1 DEGREES 32 MINUTES 24 SECONDS WEST, 143.21 FEET TO A CONCRETE
2 MONUMENT (SET); THENCE, ALONG LOT NO. 1, AS SHOWN ON THE ABOVE
3 REFERENCED PLAN, SOUTH 84 DEGREES 30 MINUTES 00 SECONDS EAST,
4 142.39 FEET TO A CONCRETE MONUMENT (SET); THENCE, CONTINUING
5 ALONG THE AFOREMENTIONED LOT NO. 1, ALONG THE WESTERN SIDE OF A
6 25 FEET WIDE ACCESS AND UTILITY EASEMENT, SOUTH 05 DEGREES 30
7 MINUTES 00 SECONDS WEST, 129.75 FEET TO A 3/4 INCH REBAR WITH
8 CAP (SET) AT THE NORTHERN RIGHT-OF-WAY LINE OF THE
9 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY LINE
10 AND ALONG THE SOUTHERN SIDE OF THE AFOREMENTIONED DRAINAGE
11 EASEMENT, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 81.77
12 FEET TO THE POINT OF BEGINNING, CONTAINING 14,542.6 SQUARE FEET
13 OR 0.3339 ACRES. IDENTIFIED AS "LOT NO. 2", ON A PLAN TITLED,
14 "FINAL SUBDIVISION PLAN FOR BOROUGH OF ROYALTON", PREPARED BY
15 LIGHT-HEIGEL & ASSOCIATES, INC., DATED JULY 26, 2002, JOB NUMBER
16 02-0372, RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN
17 COUNTY, PENNSYLVANIA, IN PLAN BOOK I, VOLUME 8, AT PAGE 95, AND
18 BEING A PORTION OF THE PIECE OR PARCEL OF LAND WHICH THE
19 MIDDLETOWN AREA SCHOOL DISTRICT BY DEED DATED JUNE 25, 2001, AND
20 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY,
21 PENNSYLVANIA, IN RECORD BOOK 4042, AT PAGE 492 GRANTED AND
22 CONVEYED TO THE BOROUGH OF ROYALTON. TOGETHER WITH THE RIGHT OF
23 INGRESS, EGRESS, AND REGRESS, FROM BURD STREET, OVER AND ACROSS
24 A 25 FEET WIDE ACCESS AND UTILITY EASEMENT OVER LANDS GRANTED
25 AND CONVEYED TO THE BOROUGH OF ROYALTON BY THE AFORESAID DEED OF
26 JUNE 25, 2001, SAID EASEMENT BEING SET FORTH ON THE AFORESAID
27 FINAL SUBDIVISION PLAN, AND SAID EASEMENT BEING FURTHER
28 DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH REBAR WITH CAP
29 (SET) ON THE NORTHERN RIGHT-OF-WAY LINE OF BURD STREET (50'
30 WIDE) IN THE BOROUGH OF ROYALTON, DAUPHIN COUNTY, PENNSYLVANIA,
20020S1453B2447 - 37 -
1 SAID REBAR BEING AT THE SOUTHEAST CORNER OF LOT NO. 2, AT A
2 CORNER COMMON TO LANDS NOW OR FORMERLY OF THE BOROUGH OF
3 ROYALTON (LOT NO. 1) AS SHOWN ON THE ABOVE REFERENCED PLAN, SAID
4 POINT ALSO BEING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED
5 PROPOSED 25 FEET WIDE ACCESS AND UTILITY EASEMENT ON THE ABOVE
6 REFERENCED PLAN; THENCE, ALONG THE AFOREMENTIONED LOT NO. 2,
7 NORTH 05 DEGREES 30 MINUTES 00 SECONDS EAST, 129.75 FEET TO A
8 CONCRETE MONUMENT (SET); THENCE, THROUGH THE AFOREMENTIONED
9 LANDS OF THE BOROUGH OF ROYALTON, SOUTH 84 DEGREES, 30 MINUTES,
10 00 SECONDS EAST, 25.00 FEET TO A POINT, THENCE, ALONG LANDS NOW
11 OR FORMERLY OF MICHAEL S. RICHARDS, DESCRIBED IN DEED BOOK 2429,
12 AT PAGE 110, SOUTH 05 DEGREES 30 MINUTES 00 SECONDS WEST, 129.75
13 TO A PIN (FOUND) ON THE NORTHERN RIGHT-OF-WAY LINE OF THE
14 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY
15 LINE, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 25.00 FEET TO
16 THE POINT OF THE BEGINNING.
17 (D) AUTHORIZATION TO IMPOSE RESTRICTIONS.--THE FOLLOWING
18 RESTRICTION SHALL BE ADDED TO THE DEED FOR THE LAND DESCRIBED IN
19 SUBSECTION (C):
20 "THIS LAND IS TO BE USED FOR MUNICIPAL PARK, RECREATION
21 AND OPEN SPACE PURPOSES AS DEFINED IN THE LAND AND WATER
22 CONSERVATION AND RECLAMATION ACT."
23 (E) SPECIAL ACCOUNT.--FURTHER, IN CONSIDERATION FOR
24 RELEASING THE RESTRICTIONS ON THE PROPERTY DESCRIBED IN
25 SUBSECTION (B), THE BOROUGH SHALL PLACE IN A SPECIAL ACCOUNT OF
26 THE BOROUGH AN AMOUNT OF MONEY EQUAL TO THE FAIR MARKET VALUE OF
27 THIS PROPERTY. FOR PURPOSES OF THIS SECTION, THE FAIR MARKET
28 VALUE HAS BEEN DETERMINED TO BE $16,500. WITHIN FIVE YEARS OF
29 THE EFFECTIVE DATE OF THIS SECTION, THIS MONEY SHALL BE USED
30 EXCLUSIVELY TO MAKE IMPROVEMENTS TO EXISTING BOROUGH-OWNED PARKS
20020S1453B2447 - 38 -
1 AND PLAYGROUNDS IN ACCORDANCE WITH A PLAN APPROVED BY THE
2 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BUREAU OF
3 RECREATION AND CONSERVATION.
4 Section 5 6. Effective date. <--
5 This act shall take effect immediately.
E28L85DMS/20020S1453B2447 - 39 -