CORRECTIVE REPRINT PRIOR PRINTER'S NOS. 2028, 2110, 2168, PRINTER'S NO. 2450 2171, 2447
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 19 COUNTY; AND AUTHORIZING THE RELEASE OF PROJECT 500 <-- 20 RESTRICTIONS IMPOSED ON CERTAIN LAND OWNED BY THE BOROUGH OF 21 ROYALTON, DAUPHIN COUNTY, AND IMPOSING PROJECT 500 22 RESTRICTIONS ON OTHER LAND OWNED BY THE BOROUGH OF ROYALTON, 23 DAUPHIN COUNTY. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Conveyance in West Goshen Township, Chester County. 27 (a) Authorization.--The Department of General Services, with
1 the approval of the Department of Transportation and the
2 Governor, is hereby authorized on behalf of the Commonwealth of
3 Pennsylvania to grant and convey to the West Chester Area School
4 District, the Department of Transportation's Chester County
5 Maintenance Facility, land and buildings described in subsection
6 (b) for fair market value as determined by independent
7 appraisal.
8 (b) Legal description of land.--The property to be conveyed
9 pursuant to this section consists of the Department of
10 Transportation's Chester County Maintenance Facility, bounded
11 and more particularly described as all that certain piece or
12 parcel of land in West Goshen Township, Chester County,
13 Pennsylvania bounded and described as follows:
14 PARCEL 1
15 BEGINNING at a point, an iron pipe, in the lands of Edward
16 Haley and Thomas F. Haley (Deceased) on the production of the
17 north building line of Biddle Street, said point being 16.11
18 feet in an easterly direction from a brass plug in the concrete
19 roadway of State Highway Application 7326; thence along said
20 State Highway Application N. 23 degrees W. a distance of 330.31
21 feet to an iron pipe, the corner of lands of Edward Haley and
22 Thomas F. Haley (Deceased) and the West Chester Nursery Company;
23 said iron pipe being 16.11 feet in an easterly direction from a
24 brass plug in the concrete roadway of State Highway Application
25 7326; thence by the lands of Edward Haley and Thomas F. Haley,
26 (Deceased) and the West Chester Nursery Company N. 67 degrees E.
27 a distance of 534.00 feet to a concrete monument in the line of
28 lands of Hannah Parker; thence by the lands of Edward Haley, and
29 Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52
30 minutes 42 seconds E. a distance of 131.13 feet to a point;
20020S1453B2450 - 2 -
1 thence by the lands of Edward Haley and Thomas F. Haley 2 (Deceased) and George H. Kelling S. 26 degrees 52 minutes 42 3 seconds E. a distance of 59 feet to a point; thence thru the 4 lands of Edward Haley and Thomas F. Haley (Deceased) S. 26 5 degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an 6 iron pipe; thence continuing thru the lands of Edward Haley and 7 Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a 8 distance of 86.07 feet, to an iron pipe on the production of the 9 North Building Line of Biddle Street; thence along the 10 production of the north building line of Biddle Street, thru the 11 lands of Edward Haley and Thomas F. Haley (Deceased) S. 66 12 degrees 44 minutes W. a distance of 542.00 feet to the point of 13 BEGINNING. 14 Containing 4.110 acres, be the same more or less. 15 PARCEL 2 16 TRACT 1 - BEGINNING at an iron pipe on the easterly side of 17 Montgomery Avenue, State Application 7326, said pipe being on 18 the legal right of way line and on the line dividing the lands 19 of Edward D. Haley and the Commonwealth of Pennsylvania, 20 Department of Highways; thence along lands of the said 21 Commonwealth of Pennsylvania, Department of Highways, North 22 sixty six degrees, forty four minutes East, a distance of five 23 hundred forty nine (549.00) feet to an iron pipe in the line of 24 lands of E. Duie Pyle South twenty two degrees, five minutes 25 East, a distance of one hundred fifty six and thirty hundreths 26 (156.30) feet to an iron pipe; thence South sixty seven degrees 27 West, a distance of five hundred forty six and fifty hundredths 28 (546.50) feet to an iron pipe on the easterly side of said 29 Montgomery Avenue, State Aid Application 7326; thence along the 30 legal right of way line of said Montgomery Avenue, State Aid 20020S1453B2450 - 3 -
1 Application 7326, North twenty three degrees West, a distance of
2 one hundred fifty three and forty four hundredths (153.44) feet
3 to the point of BEGINNING and containing one and nine thousand
4 four hundred fifty four ten thousandths (1.9454) acres more or
5 less, with the privilege of entering upon adjoining land to
6 clean the aforesaid ditch and subject to the privilege to the
7 owners of adjoining land through which the said ditch passes of
8 entering upon the lots hereby granted and cleaning the said
9 ditch whenever it may become obstructed.
10 TRACT 2 - BEGINNING at an iron pipe on the easterly side of
11 Montgomery Avenue, State Aid Application 7326, said pipe being
12 on the legal right of way line and the line of lands of Edward
13 D. Haley; thence North sixty seven degrees East, a distance of
14 five hundred forty six and fifty hundredths (546.50) feet to an
15 iron pipe in line of lands of E. Duie Pyle; thence along the
16 lands of E. Duie Pyle South seventeen degrees forty four minutes
17 East, a distance of eighteen and ninety nine hundredths (18.99)
18 feet to an iron pipe in the line of lands of the West Chester
19 Paper Box Company, Inc.; thence along the lands of said West
20 Chester Paper Box Company Inc. and Edward D. Haley South sixty
21 seven degrees, six minutes, thirty seconds West, a distance of
22 five hundred forty five (545.00) feet to an iron pipe on the
23 easterly side of said Montgomery Avenue, State Aid Application
24 7326; thence along the legal right of way line of said
25 Montgomery Avenue, State Aid Application 7326, North twenty
26 three degrees West, a distance of seventeen and eighty eight
27 hundredths (17.88) feet to the point of BEGINNING and containing
28 two thousand two hundred forty one ten thousandths (0.2241)
29 acres more or less, with the privilege of entering upon
30 adjoining land to clean the aforesaid ditch and subject to the
20020S1453B2450 - 4 -
1 privilege to the owners of adjoining land through which the said
2 ditch passes of entering upon the lots hereby granted and
3 cleaning said ditch whenever it may become obstructed.
4 (c) Conditions.--The conveyance shall be made under and
5 subject to all lawful and enforceable easements, servitudes and
6 rights of others, including, but not confined to, streets,
7 roadways and rights of any telephone, telegraph, water,
8 electric, gas or pipeline companies, as well as under and
9 subject to any lawful and enforceable estates or tenancies
10 vested in third persons appearing of record, for any portion of
11 the land or improvements erected thereon.
12 (d) Deed.--The deed of conveyance shall be by Special
13 Warranty Deed and shall be executed by the Secretary of General
14 Services in the name of the Commonwealth of Pennsylvania.
15 (e) Costs and fees.--Costs and fees incidental to this
16 conveyance shall be borne by the Grantee.
17 (f) Deposit of proceeds.--The proceeds from the sale shall
18 be deposited in the Motor License Fund to pay for costs and fees
19 incurred for a new Chester County Maintenance Facility as well
20 as the costs and fees incurred by the Department of General
21 Services as authorized under section 2406-A of the act of April
22 9, 1929 (P.L.177, No.175), known as The Administrative Code of
23 1929.
24 (g) Alternate disposition.--In the event that this
25 conveyance is not executed within 12 months of the effective
26 date of this act, the property may be disposed of in accordance
27 with section 2406-A of the Administrative Code of 1929. The
28 proceeds from the sale shall be deposited in accordance with
29 subsection (f).
30 Section 2. Philadelphia County. <--
20020S1453B2450 - 5 -
1 (a) Conveyance authorized.--The Department of General 2 Services, with the approval of the Governor, is hereby 3 authorized and directed on behalf of the Commonwealth of 4 Pennsylvania to grant and convey to the Department of 5 Conservation and Natural Resources, certain lands situate in the 6 City of Philadelphia, Philadelphia County as more fully 7 described in subsection (b). 8 (b) Property description.--The property to be conveyed 9 pursuant to this section consists of approximately 47.88 acres, 10 more particularly described as follows: 11 TRACT ONE 12 All THAT CERTAIN lot or piece of ground with the buildings 13 and improvements erected thereon situate in the Fifty-eight Ward 14 of the City of Philadelphia and described as follows (subject to 15 an official survey and Plan): 16 BEGINNING at a point on the southwesterly side of Southampton 17 road (sixty feet wide) the two following courses and distances 18 from the northwesterly side of The Roosevelt boulevard (two 19 hundred fifty-four feet wide): (1) north forty-two degrees 20 fifty-four minutes forty seconds west along the southwesterly 21 side of said Southampton road the distance of eight hundred 22 seventy-three and three hundred thirty-five feet to an angle 23 point; and (2) north forty-five degrees six minutes forty 24 seconds west along the southwesterly side of said Southampton 25 road the distance of two hundred six and one hundred sixty-eight 26 one-thousandths feet to said beginning point; thence extending 27 south forty-eight degrees forty-six minutes fifty seconds west 28 the distance of nine hundred seventy-one and sixty-nine one- 29 thousandths feet to a point; thence extending north forty-four 30 degrees forty-six minutes fifty-four seconds west the distance 20020S1453B2450 - 6 -
1 of nine hundred fifty-seven and four hundred seventy-four one- 2 thousandths feet to a point; thence extending north forty-three 3 degrees nine minutes one second east the distance of nine 4 hundred fifty-nine and seven hundred sixty-seven one-thousandths 5 feet to a point on the southwesterly side of said Southampton 6 road; thence extending south fifty-four degrees ten minutes 7 eight seconds east along the southwesterly side of said 8 Southampton road the distance of twenty-five and four hundred 9 one-thousandths feet to an angle point; thence extending south 10 forty-five degrees six minutes forty seconds east along the 11 southwesterly side of said Southampton road the distance of one 12 thousand twenty-seven and four hundred one one-thousandths feet 13 to a point, being the first mentioned point and place of 14 beginning. 15 CONTAINING in area nine hundred seventy thousand nine hundred 16 thirty-eight square feet or twenty-two and two thousand eight 17 hundred seventy-four ten-thousandths acres. 18 TRACT TWO 19 All that certain lot or piece of ground with the buildings 20 and improvements erected thereon situate in the Fifty-eighth 21 Ward of the City of Philadelphia and described as follows 22 (subject to an official Survey and Plan); 23 Beginning at the point of intersection of the southwesterly 24 side of Carter Road (forty-six and fifty one-hundredths feet 25 wide) and northeasterly side of Southampton Road (sixty feet 26 wide); thence extending north forty-one degrees four minutes 27 twenty-two seconds east along the southwesterly side of said 28 Carter Road the distance of one thousand four hundred three and 29 three hundred ten one-thousandths feet to an angle point; thence 30 continuing along the southeasterly side of said Carter Road the 20020S1453B2450 - 7 -
1 distance of nine hundred twenty-eight and four hundred forty-two 2 one-thousandths feet to a point; thence extending south forty- 3 three degrees fifty-three minutes twenty-eight seconds east the 4 distance of four hundred feet to an angle point; thence 5 extending southwestwardly along a line the distance of 6 approximately two hundred twenty-one feet to an angle point; 7 thence extending westwardly along a line the distance of 8 approximately forty-four feet to a point; thence extending 9 southwardly along a line the distance of approximately thirty- 10 five feet to an angle point; thence extending southwestwardly 11 along a line the distance of approximately two thousand forty- 12 two feet to a point on the northeasterly side of said 13 Southampton Road; thence extending north forty-five degrees six 14 minutes forty seconds west along the northeasterly side of said 15 Southampton Road the distance of approximately five hundred two 16 feet to a point on the southwesterly side of said Carter Road, 17 being the first mentioned point and place of beginning. 18 Containing in area one million one hundred fifteen thousand 19 one hundred ninety-three square feet or twenty-five and six 20 tenths acres. 21 (c) Conditions.--This conveyance shall be made under and 22 subject to all lawful and enforceable easements, servitudes and 23 rights of others, including, but not confined to, streets, 24 roadways and rights of any telephone, telegraph, water, 25 electric, gas or pipeline companies, as well as under and 26 subject to any other easement of record. The Grantee shall be 27 responsible for payment of all costs associated with the 28 transfer, including, but not limited to, those involving the 29 removal of the structures, hazardous waste and debris from the 30 property to insure that the property will be free from all 20020S1453B2450 - 8 -
1 hazardous material. 2 (d) Deed.--The deed of conveyance shall be by Special 3 Warranty Deed and shall be executed by the Secretary of General 4 Services in the name of the Commonwealth of Pennsylvania. 5 (e) Costs and fees.--Costs and fees incidental to this 6 conveyance shall be borne by the Grantee. 7 Section 3. Conveyance in Wayne County and Lackawanna County. 8 (a) Conveyance authorized.--The Department of General 9 Services, with the approval of the Governor, is hereby 10 authorized and directed on behalf of the Commonwealth of 11 Pennsylvania to grant and convey to Pennsylvania Suburban Water 12 Company (as successor to Philadelphia Suburban Water Company by 13 merger), certain lands and improvements thereon situate on the 14 grounds of the State Correctional Institution at Waymart, north 15 of State Route 0006 and described in subsection (b), along with 16 a water utility easement on the grounds of the State 17 Correctional Institution at Waymart as more fully described in 18 subsection (c), subject to such consideration and terms as are 19 provided in a Lease with Option to Purchase Agreement with the 20 Department of General Services, dated March 12, 2002. 21 (b) Property description.--The property to be conveyed 22 pursuant to this section consists of approximately 390-acres of 23 land bounded and described according to a metes and bounds 24 description prepared by Alfred K. Bucconear, Registered 25 Professional Land Surveyor. These lands are comprised of six (6) 26 tracts, more particularly described as follows: 27 TRACT ONE 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, 20020S1453B2450 - 9 -
1 to wit: 2 BEGINNING at the southerly corner of a tract of land in the 3 warrantee name of James Chapman, being also a northerly corner 4 of a tract of land in the warrantee name of Benjamin Mason; 5 thence south nine and one quarter degrees east sixty nine and 6 nine tenths rods to a corner; thence by a parcel of land 7 containing one acre, heretofore conveyed by the President, 8 Managers and Company of the Delaware and Hudson Canal Company to 9 J. B. Fitzsimmons, north seventy six degrees west eight and 10 ninety five one hundredths rods, south nine and one quarter 11 degrees east twenty rods, south seventy six degrees east seven 12 and thirty five one hundredths rods to a corner on the northerly 13 side of the Honesdale and Clarksville Turnpike; thence south six 14 and one half degrees west sixteen and five tenths rods or 15 thereabouts to the center of the Old Gravity Plane No. 20, 16 thence up the center of said Old Gravity Plane No. 20 twenty 17 nine rods to the center of the highway crossing said plane; 18 thence south westerly along the center of the said highway two 19 hundred feet to a corner; thence north westerly parallel with 20 the center line of the Old Gravity Plane No. 20, four hundred 21 and eighty feet or thereabouts to a point distant one hundred 22 feet, north easterly at right angles, from the center of the 23 main line on the Honesdale Division of the Delaware and Hudson 24 Company; thence in a north westerly direction by a line parallel 25 with and distant one hundred feet north easterly at right angles 26 from the center of said main line to the south easterly line of 27 a tract of land in the warrantee name of Henry Ellis; thence in 28 a north westerly direction eight hundred and twenty feet or 29 thereabouts to a stone post marking the north easterly corner of 30 a tract of land heretofore conveyed to the Delaware and Hudson 20020S1453B2450 - 10 -
1 Canal Company, by Thomas Thomas, etal by deed dated December 1, 2 1857; thence north forty seven degrees east ninety eight rods to 3 a corner in the southwesterly line of said James Chapman tract; 4 and thence by the said line of said tract south forty four and 5 three quarters degrees east two hundred and thirteen (213) rods 6 to the place of Beginning. Being part of two tracts of land in 7 the warrantee names of Henry Ellis and Benjamin Mason; and 8 containing one hundred and sixty four (164) acres of land or 9 thereabouts; and being part of a larger tract of land conveyed 10 to the President, Managers and Company of the Delaware and 11 Hudson Canal Company by Lucy Rogers and others, by deed dated 12 March 31, 1857, and recorded in the office for the recording of 13 deeds & etc. in and for Wayne County, in Deed Book No. 25, Page 14 52, as by reference thereto will more fully appear. 15 BEING part of the same premises which The Delaware And Hudson 16 Company (Formerly The President, Managers, and Company of the 17 Delaware and Hudson Canal Company), by indenture, dated February 18 19, 1907, and recorded in Wayne County Deed Book Volume 97 at 19 Page 98, granted, conveyed, released and remised to The 20 Commonwealth of Pennsylvania, GRANTOR herein. 21 EXCEPTING AND RESERVING, unto the GRANTOR herein, its 22 successors and assigns, all lands of Tract One, which are 23 located southerly of the center of the right of way of ROUTE 24 6/STATE ROUTE 0006. 25 EXCEPTING AND RESERVING, unto the GRANTOR herein, its 26 successors and assigns, a certain parcel of land, described as 27 follows, to wit: 28 BEGINNING at a point or corner, located in the center of the 29 right of way of Route 6/State Route 0006, at the intersection, 30 with a certain entrance/exit roadway, leading south, into and 20020S1453B2450 - 11 -
1 through, lands of the Commonwealth of Pennsylvania (D.B. 97, 2 P.98 - The First (Parcel) Thereof:); thence, along the center of 3 the right of way of the aforesaid Route 6/State Route 0006, the 4 following two, curvilinear and/or chord, courses and distances: 5 Along the arc of a curve to the right, in a northwesterly 6 direction, having a central angle of 11 degrees 35 minutes 51 7 seconds, with a radius of 1432.69 feet, a distance or arc length 8 of 290.00 feet to a point or corner and North 61 degrees 29 9 minutes 09 seconds West 85.01 feet to a point or corner; thence, 10 departing from said public highway and through lands of the 11 Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First 12 (Parcel) Thereof:); the following four courses and distances: 13 North 27 degrees 36 minutes 54 seconds East 403.77 feet to an 14 iron pin corner set, located southwesterly of a certain private 15 roadway; thence, South 62 degrees 23 minutes 06 seconds East 16 100.00 feet to an iron pin corner set, located southwesterly of 17 the aforesaid private roadway; thence, South 24 degrees 43 18 minutes 05 seconds East 344.28 feet to an iron pin corner set, 19 located southwesterly of the aforesaid private roadway and; 20 thence, South 27 degrees 18 minutes 14 seconds West (Crossing a 21 certain private driveway, at 40 feet (more or less), which 22 extends northwesterly from its intersection with the aforesaid 23 private roadway referenced herein) 170.00 feet to the place of 24 beginning. Containing, within bounds, 2.7580 Acres of land, 25 inclusive of that area occupied by public highway and utility 26 companies, easements and rights of way and supporting various 27 improvements located thereon. 28 ALSO, RESERVING, unto the GRANTOR and GRANTEE herein, their 29 respective heirs, successors and assigns, and others having 30 lawful claim, the common or joint right of use, along and over, 20020S1453B2450 - 12 -
1 the travelway (Being 15 feet, more or less, in width) of the 2 private driveway and the private roadway referenced herein. The 3 subject road network extends, northerly, from the center of the 4 right of way of Route 6/State Route 0006, through lands herein 5 conveyed, to the southerly boundary (RE: South 27 degrees 18 6 minutes 14 seconds West 170.00 feet) of the premises herein 7 described. This road network shall be used for the purpose of 8 ingress, egress and regress for pedestrian and vehicular travel. 9 EXCEPTING AND RESERVING, thereout and therefrom, a certain 10 parcel, containing 2.97 acres of land, which the Commonwealth of 11 Pennsylvania, acting by and through David L. Jannetta, Secretary 12 of the Department of General Services, an administrative 13 department of the Commonwealth of Pennsylvania, with the 14 approval of the Governor of the Commonwealth of Pennsylvania, by 15 indenture, dated March 8, 1991 and recorded in Wayne County 16 Record Book Volume 0562 at Page 0183, granted and conveyed to 17 Adams CATV, Inc. ALSO, RESERVING, unto the said Adams CATV, 18 Inc., its successors and assigns, a certain 33 foot right of way 19 running from State Route 0006 to the westerly side line of the 20 aforesaid 2.97 acre parcel (see Wayne County Map Book Volume 74 21 at page 09). 22 TRACT TWO (Consisting of two parcels) 23 ALL those two certain tracts or parcels of land in the 24 Township of Canaan, in the County of Wayne and State of 25 Pennsylvania, bounded and described as follows to wit: 26 THE FIRST PARCEL THEREOF, BEGINNING at a point in the line 27 between lands now or formerly of George L. Morss and the estate 28 of Noah Rogers deceased, sixty five (65) rods from the south 29 corner of said Morss land on said tract, and about six (6) rods 30 north easterly from the abandoned Gravity Railroad line of the 20020S1453B2450 - 13 -
1 Delaware and Hudson Company; thence south forty six and two 2 thirds degrees sixty five (65) rods to a stone post in the south 3 westerly line of a tract of land in the warrantee name of Henry 4 Ellis; thence along the south westerly original line of said 5 tract, north forty three and one third degrees west two hundred 6 ten (210) rods to a corner; thence north forty six and two 7 thirds degrees east ten (10) rods to a corner; and thence by a 8 straight line two hundred seventeen and one tenths (217.1) rods 9 to the place of beginning. Containing forty nine and two tenths 10 (49.2) acres be the same more or less. 11 THE SECOND PARCEL THEREOF, BEGINNING at a post and stones 12 corner in the line of land in the Warrantee name of Henry Ellis, 13 being the northerly corner of land conveyed by the President, 14 Managers and company of the Delaware and Hudson Canal Company to 15 Francis Wolcott, and known by the name of the Tymons and McLane 16 Lot; thence by land of said Wolcott north sixty four and three 17 fourths degrees west fifty two and seven tenths (52.7) rods to a 18 post and stone corner; thence north seventy eight and three 19 fourths degrees west twenty five and one fourths (25-1/4) rods 20 to a post and stones corner; thence north eleven and one fourth 21 degrees east twenty seven (27) rods to a post and stones corner; 22 thence north forty six and one fourth degrees east eleven and 23 one fourths (11 1/4) rods to a line of land in the warrantee 24 name of Henry Ellis; and thence by said line south forty three 25 and three fourths degrees east eighty five and four tenths 26 (85.4) rods to the place of beginning. Containing eight (8) 27 acres and sixty nine (69) perches be the same more or less. 28 BEING the same two tracts of land conveyed to the Hudson Coal 29 Company by the Delaware and Hudson Company by deed dated 30 September 28, 1908, and recorded in the office for the recording 20020S1453B2450 - 14 -
1 of deeds in and for Wayne County, in Deed Book No. ninety nine 2 (99) at Page one hundred and fifteen (115), and being the 3 twelfth and thirteenth parcels therein described as by reference 4 thereto will more fully appear. 5 BEING the same parcels, respectively, of the same premises, 6 which The Hudson Coal Company, by indenture, dated June 8, 1912, 7 and recorded in Wayne County Deed Book Volume 105 at Page 455, 8 remised, released and quit-claimed to The Commonwealth of 9 Pennsylvania, GRANTOR herein. 10 TRACT THREE (Consisting of two parcels) 11 ALL those certain tracts or parcels of land bounded and 12 described as follows to wit: 13 THE FIRST PARCEL THEREOF, situate in the Township of Canaan, 14 County of Wayne and State of Pennsylvania and being part of a 15 tract of land in the warrantee name of Henry Ellis, said part of 16 said tract being bounded and described as follows to wit: 17 BEGINNING at a stones post, the westerly corner of a tract of 18 land conveyed to the party of the first part and hereto by Lucy 19 Rogers by deed dated March 31, 1857, and hereinafter recited; 20 thence by lands of the Hudson Coal Company north forty seven 21 degrees east sixty five (65) rods to a corner; thence by land 22 heretofore conveyed by the party of the first part hereto to the 23 party of the second part hereto by deed dated February 19, 1907, 24 in a southeasterly direction eight hundred twenty (820) feet or 25 thereabouts to a point distant one hundred (100) feet north 26 easterly at right angles from the center of the main line of the 27 Honesdale Division Railroad of the Delaware and Hudson Company 28 thence in a south westerly direction by a line parallel with and 29 distant one hundred (100) feet north westerly at right angles 30 from the center line of said main line, fourteen hundred and 20020S1453B2450 - 15 -
1 sixty five (1465) feet or thereabouts to a point in the south 2 westerly line of said Henry Ellis warrantee tract, and thence 3 along the same north forty four degrees west forty eight (48) 4 feet or thereabout to the place of Beginning. Containing five 5 and sixteenths (5.16) acres be the same more or less. Being part 6 of the same land conveyed to the President, Managers, and 7 Company of the Delaware and Hudson Canal Company by Lucy Rogers 8 and others, by deed dated March 31, 1857, and recorded in the 9 office for the recording of deeds, etc. in and for Wayne County, 10 in Deed Book twenty five (25) page fifty two (52) as by 11 reference thereto will more fully appear. 12 THE SECOND PARCEL THEREOF, situate partly in the Township of 13 Canaan, County of Wayne and State of Pennsylvania, and partly in 14 the Township of Carbondale, County of Lackawanna and State of 15 Pennsylvania, and being part of a tract of land in the warrantee 16 name of Solomon Ellis said part of said tract being bounded and 17 described as follows to wit: BEGINNING at a stones post in the 18 northeasterly line of said warrantee tract at the westerly 19 corner of a tract of land conveyed by Owen McLane et al to the 20 President, Managers, and Company of the Delaware and Hudson 21 Canal Company by deed dated October 21, 1857; thence by the 22 aforesaid tract south forty four and one half degrees one 23 hundred and twelve and nine tenths (112.9) rods to a stone post; 24 thence south forty six degrees west seventy three and two tenths 25 (73.2) rods to a stone post; thence north forty four and one 26 half degrees west one hundred and twelve and three tenths 27 (112.3) rods to a stones corner in the north westerly line of 28 said Solomon Ellis tract; thence along the same north forty five 29 and one half degrees east seventy-three and two tenths (73.2) 30 rods to the place of Beginning, and containing fifty (50) acres 20020S1453B2450 - 16 -
1 of land be the same more or less. Being the same parcel of land 2 reputed to have been sold by contract by Joseph R. Priestly, 3 Attorney for the heirs of William Russell, deceased, dated 4 February 8, 1843 to Patrick Colleton and by agreement dated 5 February 11, 1854 sold by contract by Patrick Colleton to the 6 Delaware and Hudson Canal Company, and which tract of land has 7 been in the undisputed possession of the said Delaware and 8 Hudson Canal Company since the date of the aforesaid contract of 9 February 11, 1854. 10 TOGETHER WITH all the right, title and privilege to erect and 11 maintain a reservoir on all that certain tract of land situate 12 in the Township of Canaan, County of Wayne and State of 13 Pennsylvania, bounded and described as follows: Beginning at a 14 post and stones corner being the northerly corner of a tract of 15 land in the warrantee name of Solomon Ellis; thence by lands of 16 the Hudson Coal Company south forty four and one half degrees 17 east one hundred thirteen and one half (113 1/2) rods to a 18 corner of land now or late of the estate of Isaac Plant; thence 19 by lands of said estate south forty six degrees west seventy and 20 nine tenths (70.9) rods to a corner of land known as the 21 Colleton lot being the easterly corner of the parcel of land 22 last above described; thence by said Colleton lot north forty 23 four and one half degrees west one hundred and twelve and nine 24 tenths (112.9) rods to the northwesterly line of a tract of land 25 in the warrantee name of Solomon Ellis and thence by said line 26 north forty five and one half degrees east seventy and eight 27 tenths (70.8) rods to the place of Beginning. Comprising what is 28 known as the Tymons and McLane lot, and containing fifty (50) 29 acres and thirty two (32) perches be the same more or less. 30 TOGETHER WITH the right to maintain said reservoir upon said 20020S1453B2450 - 17 -
1 lot to any height it may desire and to overflow said lots or any 2 part thereof without any restriction and to draw take and use 3 the water from said reservoir at its discretion and for this 4 purpose to form, construct, enlarge, repair, rebuild, maintain, 5 and use at its discretion all and singular such devices, 6 fixtures, appliances, and appendages for taking and using said 7 water, as it, its agents or engineers may at any time deem 8 expedient, and also the unrestricted right to raise the dam 9 across the outlet of said reservoir to any height it may desire 10 and for this purpose to take and use all and singular such 11 materials from said described lot as it, its agents or engineers 12 may deem needful or convenient, and also the right as aforesaid 13 for all purposes connected with the use and enlargement of said 14 dam the unrestricted right of ingress and egress to upon and 15 from the said lots for itself and its employees with teams and 16 implements of labor. Being all the rights reserved by the 17 President, Managers, and Company of the Delaware and Hudson 18 Canal Company in its deed of June 29, 1869, to Frances Wolcott 19 and recorded in the office for the recording of deeds in and for 20 Wayne County in Deed Book No. thirty eight (38) page four 21 hundred and eight seven (487) as by reference thereto will more 22 fully appear. 23 BEING the same parcels, respectively, of the same premises, 24 which The Delaware and Hudson Company (Formerly the President, 25 Managers, and Company of The Delaware and Hudson Canal Company), 26 by indenture, dated May 27, 1912 and recorded in Wayne County, 27 Deed Book Volume 105 at Page 457, remised, released and quit- 28 claimed to the Commonwealth of Pennsylvania, GRANTOR herein. 29 EXCEPTING AND RESERVING from and out of the above described 30 parcels of land so much thereof as is used or occupied by public 20020S1453B2450 - 18 -
1 highways. 2 TRACT FOUR (Consisting of two parcels) 3 ALL those certain pieces, parcels or tracts of land lying, 4 situate and being in the Township of Canaan, County of Wayne and 5 Commonwealth of Pennsylvania, bounded and described as follows, 6 to wit: 7 THE FIRST PARCEL THEREOF, BEGINNING at a corner on the 8 northerly margin of the main public highway leading from 9 Honesdale to Carbondale in the division line between lands 10 formerly of George G. Gill and lands of Ray W. Hull, said corner 11 being the northeasterly corner of the said Gill lands; thence 12 north eleven degrees west twelve hundred seventy and five tenths 13 feet to a stake corner in line of the said Gill lands; thence 14 north eighty degrees east ten hundred six and five tenths feet 15 along said Gill lands and lands of B.F. Long to a concrete post 16 corner; thence north thirty degrees east seven hundred and fifty 17 nine feet to a concrete post corner; thence south twenty three 18 degrees and thirty minutes east nineteen hundred and thirty one 19 feet to a corner in a stone wall; thence south two degrees east 20 by lands of B.F. Long and the Waymart Water Company one hundred 21 and sixty four feet to a post and stones corner in line of lands 22 of Eliza R. Shaffer; thence south eighty degrees and thirty 23 minutes west along said Shaffer lands five hundred and seventy 24 two feet to a post corner; thence north eighteen degrees and 25 thirty minutes west five hundred and fourteen feet to a post 26 corner; thence south seventy nine degrees west three hundred and 27 six feet to a post corner; thence south nineteen degrees and 28 fifteen minutes east two hundred and eighty feet to a post 29 corner; thence south eighty two degrees east one hundred and 30 forty seven feet to a post corner; thence south nineteen degrees 20020S1453B2450 - 19 -
1 and fifteen minutes east one hundred and forty nine feet to a 2 corner; thence south forty four degrees east fifty one feet to a 3 maple tree for a corner in line of lands of Eva M. Palmer; 4 thence south eighty two degrees and thirty minutes west along 5 said Palmer lands one hundred and thirty nine feet to a corner; 6 thence south no degrees and forty five minutes west one hundred 7 and fourteen feet to a corner in line of lands of Harold A. 8 Reed; thence north eighty seven degrees and thirty minutes west 9 two hundred and ten feet to a corner; thence south one degree 10 east two hundred and eight feet to the northerly margin of the 11 said main public highway between Honesdale and Carbondale; 12 thence along the said public highway in a general westerly 13 direction ten hundred and fifty feet to the place of Beginning. 14 Containing approximately sixty acres of land. Being a part of 15 the same land which Joseph Fellows conveyed to John Shaffer by 16 deed dated September 23, 1828 and recorded in Wayne County Deed 17 Book No. 11, page 151, etc. And which Alexander McMillan etal., 18 by assignment dated February 26, 1876, conveyed to John Shaffer, 19 Jr. as recorded in Deed Book No. 48, page 143, etc. And being a 20 part of the same land that Mary Clark, Amy Shaffer and Carrie E. 21 Betz, sole heirs of John Shaffer, conveyed to Ray W. Hull by 22 deed dated January 21, 1903, and recorded in Deed Book No. 90, 23 page 423, etc. And being a part of the same land that Ray W. 24 Hull, by his last will and testament dated April 1, 1916, and 25 recorded in the Register's Office of Wayne County willed and 26 bequeathed to Bertha E. Hull. And being the same land which 27 Bertha E. Hull by her deed dated October 18, 1921, and recorded 28 in Wayne County in Deed Book No. 117, page 152, granted and 29 conveyed to William M. Lynch. 30 THE SECOND PARCEL THEREOF, being all that other certain lot 20020S1453B2450 - 20 -
1 or parcel of land situate in the said Township of Canaan, County 2 of Wayne, and State of Pennsylvania. 3 BEGINNING at a corner on the northerly margin of the said 4 main public highway leading from Honesdale to Carbondale; said 5 corner being the southeasterly corner of lands formerly of 6 George G. Gill, and being in the division line between said 7 Gill's lands and lands formerly of Ray W. Hull; thence north 8 eleven degrees west twelve hundred seventy and five tenths feet 9 to a post corner; thence north eighty degrees east three hundred 10 thirteen and five tenths feet to an iron pin for a corner in 11 line of lands of B.F. Long, formerly the Patterson Estate; 12 thence along lands of said Long north forty four degrees and 13 thirty minutes west nine hundred and ninety feet to an iron pin 14 for a corner in line of lands of the R. Manville Estate; thence 15 south forty five degrees and thirty minutes west along said 16 Manville lands nine hundred and ninety feet to a concrete post 17 for a corner in line of lands of the Commonwealth of 18 Pennsylvania; thence along said lands south nine degrees and 19 fifteen minutes east five hundred forty seven and eight tenths 20 feet to a corner in line of lands now or formerly of H.D. 21 Burleigh; thence along said Burleigh lands south twenty eight 22 degrees and thirty minutes east five hundred eighty two and 23 seventy five one hundredths feet to a corner in line of lands of 24 Frank P. Woodward; thence along said Woodward's line north sixty 25 one degrees and thirty minutes east one hundred and thirty two 26 feet to a corner; thence still along Woodward's lands south 27 twenty eight degrees and thirty minutes east three hundred and 28 thirty feet to a corner in the northerly margin of the said main 29 public highway between Honesdale and Carbondale, and thence 30 along said public highway the following courses and distances 20020S1453B2450 - 21 -
1 namely: North sixty one degrees and thirty minutes east, one 2 hundred seventy eight and five tenths feet; north sixty seven 3 degrees east one hundred ninety eight feet and south eighty 4 degrees east two hundred ninety seven feet to the place of 5 Beginning. Containing about fifty acres of land, be the same 6 more or less. 7 THE TWO PARCELS OF LAND ABOVE described join each other along 8 the line north eleven degrees west twelve hundred seventy and 9 five tenths feet, and along the line north eighty degrees east 10 for a distance of three hundred thirteen and five tenths feet. 11 The second parcel of land being a part of the same parcel of 12 land which S.A. McMullen etux, by deed dated August 1, 1917. And 13 recorded in Wayne County in Deed Book No. 109, page 521, etc., 14 granted and conveyed to George W. Gill; and which the said 15 George W. Gill, by his last will and testament dated November 1, 16 1918, and recorded in Wayne County in Will book No. 11, page 17 242, devised to his wife Nettie K. Gill; and a part of the same 18 land which the said Nettie K. Gill, widow, by her deed dated 19 September 14, 1921, and recorded in Wayne County in Deed Book 20 No. 116, page 534, granted and conveyed to the said William M. 21 Lynch. 22 BEING the same parcels, respectively, of the same premises, 23 which William M. Lynch and Jessie A. Lynch, his wife, by deed, 24 dated May 29, 1925 and recorded in Wayne County Deed Book Volume 25 124 at Page 216, granted and conveyed to The Commonwealth of 26 Pennsylvania, Grantor herein. 27 EXCEPTING AND RESERVING, unto the GRANTOR herein, its 28 successors and assigns, all lands of Tract Four, which are 29 located southerly of the center of the right of way of ROUTE 30 6/STATE ROUTE 0006. 20020S1453B2450 - 22 -
1 TRACT FIVE (Consisting of two parcels) 2 ALL that certain piece, parcel or tract 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, being a said narrow strip of land 7 BEGINNING at the division line between lands conveyed to The 8 Delaware and Hudson Railroad Corporation, and/or predecessor by 9 Charles H. Ball, by deed dated May 3, 1900, and recorded in 10 Wayne County Deed Book No. 86, page 411, and lands conveyed by 11 Charles M. Betz, by deed dated September 26, 1899, and recorded 12 in Wayne County Deed Book No. 85, page 416; thence continuing in 13 a general westerly direction, including a parcel of land of the 14 average minimum width of two hundred (200) feet, a distance of 15 approximately four thousand five hundred twelve (4,512) feet, 16 measured along the center line of the right of way of said 17 railroad to a point in the line between the Henry Ellis and 18 Solomon Ellis warrants, and marked by a cut stone corner at the 19 line intersection of the warrant lines of the Henry Ellis and 20 Solomon Ellis warrants. 21 BEING a portion of the land conveyed to The Delaware and 22 Hudson Railroad Corporation, and/or its predecessors, by deed 23 from Charles M. Betz, Guardian, by deed dated September 26, 24 1899, and recorded in Wayne County Deed Book No. 85, page 416. 25 AND BEING the "fifty-six" parcel in the aforesaid deed from 26 The Delaware and Hudson Railroad Corporation to Rice Coal 27 Company and also being a portion of the lands as conveyed by 28 Lucy Rogers by deed dated March 31, 1857, and recorded in Wayne 29 County Deed Book No. 25, page 52, and a portion of the land 30 conveyed by Mary E. Rogers by deed dated April 7, 1859, and 20020S1453B2450 - 23 -
1 recorded in Wayne County Deed Book No. 26, page 374, this 2 portion being parcel "fifty-seventh" in the aforesaid deed from 3 The Delaware and Hudson Railroad Corporation to Rice Coal 4 Company. Also being a portion of the land conveyed to The 5 Delaware and Hudson Railroad Corporation and/or its predecessors 6 by deed of Gilbert M. Lee, etux, dated July 7, 1837 and recorded 7 in Wayne County Deed Book No. 10 Page 216, and is the "fifty- 8 eight" parcel in the aforesaid deed to Rice Coal Company, and 9 also the property conveyed to The Delaware and Hudson Railroad 10 Corporation, and/or its predecessors by deed of George H. 11 Foster, etux, dated December 11, 1899, and recorded in Wayne 12 County Deed Book No. 86, page 22. Being the "fifty-ninth" parcel 13 in the deed from The Delaware and Hudson Railroad Corporation to 14 Rice Coal Company. 15 EXCEPTING AND RESERVING, unto the GRANTOR herein, its 16 successors and assigns, all lands of Tract Five, which are 17 located southerly of the center of the right of way of ROUTE 18 6/STATE ROUTE 0006. 19 THE SECOND PARCEL THEREOF, being all that certain piece, 20 parcel or tract of land lying, situate and being in the Township 21 of Canaan, County of Wayne and Commonwealth of Pennsylvania, 22 bounded and described as follows, to wit: 23 A STRIP OF LAND approximately one hundred (100) feet in 24 width, being the former right of way, and approximately twelve 25 hundred eight (1,208) feet in length, measured along the center 26 line of the right of way of said railroad, being bounded on the 27 east by lands heretofore conveyed to The Delaware and Hudson 28 Railroad Corporation and/or its predecessors, by George O'Leary 29 etux., by deed dated February 15, 1900, and recorded in Wayne 30 County Deed Book No. 86, page 118, with said property of George 20020S1453B2450 - 24 -
1 O'Leary has subsequently been conveyed to Rice Coal Company in 2 the aforesaid deed, and is designated as parcel "sixty-first" 3 therein, which said strip of land is bounded on the west by 4 lands heretofore conveyed to The Delaware and Hudson Railroad 5 Corporation, and or its predecessors in title by L.H. Alden 6 etux., by deed dated May 25, 1869, and recorded in Wayne County 7 Deed Book No.36, page 324, which said Alden property is now 8 owned by Rice Coal Company and was conveyed to it as parcel 9 "sixty-third" in the aforesaid deed from The Delaware and Hudson 10 Railroad Corporation to Rice Coal Company. 11 BEING part of the same premises, which Rice Coal Company, a 12 Pennsylvania corporation, by indenture, dated July 7, 1942 and 13 recorded in Wayne County Deed Book Volume 150 at Page 516, 14 granted and released to the Commonwealth of Pennsylvania, 15 Grantor herein. 16 TRACT SIX (Consisting of four parcels) 17 ALL those four pieces, parcels, tracts, or lots of land 18 situated in the Township of Canaan, in the County of Wayne and 19 Townships of Fell and Carbondale, in the County of Lackawanna 20 and Commonwealth of Pennsylvania, bounded and described as 21 follows, to 22 wit: 23 THE FIRST PARCEL THEREOF consisting of land partly in Canaan 24 Township, Wayne County, partly in Fell Township and partly in 25 Carbondale Township, Lackawanna County described as follows: 26 BEGINNING at a point in the southeasterly side of the Milford 27 and Owego Turnpike (now abandoned) which lies in the line which 28 divides the warrant line between Samuel Ellis and Solomon Ellis; 29 thence by land surveyed to Solomon Ellis north 50 degrees 18 30 minutes east 201.3 feet to a cut stone monument in said warrant 20020S1453B2450 - 25 -
1 line which marks the southwesterly corner of the Tymons and 2 McLean lot; thence along said warrant line which forms the 3 northwesterly boundary of said Tymons and McLean lot north 50 4 degrees 18 minutes east 1187.5 feet to a cut stone monument 5 which lies in the southwesterly boundary line of the Henry Ellis 6 warrant; thence along said southwesterly boundary line of said 7 Henry Ellis warrant, north 38 degrees 45 minutes west 991.1 feet 8 to a cut stone monument in said Henry Ellis boundary line; 9 thence still along said boundary line north 38 degrees 57 10 minutes west 434.3 feet to a cut stone monument in said line; 11 thence still along said Henry Ellis warrant line north 38 12 degrees 41 minutes west 1129.6 feet to a stake and stones 13 corner; thence south 86 degrees 50 minutes west 24.6 feet to a 14 corner marked by a cut stone monument in the easterly line of 15 the G.L. Morss Estate; thence along the easterly line of said 16 G.L. Morss Estate south 6 degrees 7 minutes west 2443.2 feet 17 along an old stone wall to a corner in a stone wall on the 18 northerly side of the aforementioned Milford and Owego Turnpike; 19 thence along the northerly side of said Turnpike south 61 20 degrees 13 minutes east 400 feet to a point which marks the 21 northwesterly corner of the second parcel which will hereafter 22 appear in this Deed; thence along the northerly side of the 23 second parcel and along the southerly side of said Turnpike 24 south 61 degrees 13 minutes east 532 feet to the place of 25 Beginning; containing 65.9 acres of land, be the same more or 26 less. 27 THE SECOND PARCEL THEROF consisting of land partly in Canaan 28 Township, Wayne County and partly in Carbondale Township, 29 Lackawanna County, described as follows: BEGINNING on the 30 southerly side of the old Milford and Owego Turnpike in the 20020S1453B2450 - 26 -
1 division line between the Samuel Ellis warrant and the Solomon 2 Ellis Warrant, which point is also in the westerly line of the 3 "Colloton Lot"; thence along the westerly line of said Solomon 4 Ellis warrant and along a stone wall built thereon south 50 5 degrees 38 minutes west 315 feet to a point; south 52 degrees 12 6 minutes west 337 feet to a point, and south 53 degrees 0 minutes 7 west 348 feet to a built up stones corner at the southwesterly 8 corner of the "Colloton Lot"; thence still along the westerly 9 line of said Solomon Ellis warrant south 50 degrees 13 minutes 10 west 1640 feet to an established stones corner; thence north 38 11 degrees 42 minutes west 495 feet to an established stones 12 corner; thence along an old wire fence and an old stone wall 13 north 50 degrees 57 minutes east 2,436 feet to a point in the 14 southerly side of the aforementioned Milford and Owega Turnpike; 15 thence along the southerly side of said Turnpike south 61 16 degrees 13 minutes east 532 feet to the place of Beginning. 17 Containing 29.82 acres of land, be the same more or less. 18 THE THIRD PARCEL THEREOF consisting of land in the Township 19 of Canaan, and County of Wayne, Pennsylvania, described as 20 follows: BEGINNING at a point at the easterly edge of a 21 conglomerate table rock quarry said point being situated on a 22 course of south 38 degrees 42 minutes east 468 feet from the 23 southwesterly corner of the "Colloton Lot" thence along the 24 southerly side of said "Colloton Lot" south 38 degrees 42 25 minutes east 647.5 feet to the northerly right of way line of 26 the old Delaware and Hudson Company's Light Tract; thence along 27 the northerly right of way line of said tract south 28 degrees 28 53 minutes west 491 feet to a concrete right of way monument of 29 said Railroad; thence south 59 degrees 12 minutes east 7.4 feet 30 to a concrete monument which is situated 33 feet distant 20020S1453B2450 - 27 -
1 northwesterly from the center line of said Railroad Tracks 2 (abandoned); thence along said right of way parallel with and 3 situated 33 feet distant northwesterly from said center line of 4 track the following courses and distances south 30 degrees 15 5 minutes west 201.9 feet to a point, south 43 degrees 19 minutes 6 west 102.3 feet to a point, and south 52 degrees 29 minutes west 7 148.2 feet to a point in the division line between Wayne and 8 Lackawanna Counties; thence along the Wayne-Lackawanna County 9 line north 5 degrees 53 minutes east 1279.8 feet to the place of 10 Beginning. Containing 7.5 acres of land be the same more or 11 less. 12 EXCEPTING AND RESERVING therefrom a parcel of land n/l owned 13 by the Rice Coal Company described as follows: 14 BEGINNING at a point in the northerly right of way line of 15 The Delaware and Hudson Company's Light Track situated distant 16 northwesterly 33 feet from the center line of said Railroad 17 Track (now abandoned); thence south 30 degrees 15 minutes west 18 201.9 feet to a point south 43 degrees 19 minutes west 102.3 19 feet to a point and south 52 degrees 29 minutes west 148.2 feet 20 to a point situated in the division line between Wayne and 21 Lackawanna County; thence along the Wayne-Lackawanna County line 22 north 5 degrees 53 minutes east 105.8 feet to a point which is 23 situated distant 40 feet at right angles from the center line of 24 the old Standard Gauge Steam Railroad; thence along the 25 northerly right of way line of said Steam Railroad being distant 26 40 feet Northerly and parallel therewith the following courses 27 and distance, north 65 degrees 56 minutes east 68.9 feet; north 28 54 degrees 50 minutes east 109.6 feet; north 45 degrees 28 29 minutes east 96.1 feet and north 32 degrees 50 minutes east 93 30 feet to a concrete monument situated about 40 feet from the 20020S1453B2450 - 28 -
1 center line of the aforementioned Railroad; thence south 59 2 degrees 12 minutes east 7.4 feet to the place of Beginning. 3 Containing 0.34 acres of land be the same more or less. 4 THE FOURTH PARCEL THEREOF consisting of land in the Township 5 of Canaan, and County of Wayne, Pennsylvania, described as 6 follows: BEGINNING at a cut stone corner in the southwesterly 7 boundary line of the Henry Ellis warrant, said corner is also 8 situated at a point where the Samuel Ellis warrant and Solomon 9 Ellis warrant lines intersects that of the Henry Ellis warrant; 10 thence along the Henry Ellis warrant line south 38 degrees 42 11 minutes east 1883.2 feet to a well established old stones corner 12 being the northwesterly corner of the Isaac Plant Lot and now 13 owned by The Delaware and Hudson Canal Company; thence along 14 said Isaac Plant Lot and along an old stone wall south 51 15 degrees 27 minutes west 1169.3 feet to a cut stone corner 16 marking the northeasterly corner of the "Colloton Lot"; thence 17 along the northeasterly line of said "Colloton Lot" thence along 18 the northeasterly line of said "Colloton Lot" and crossing the 19 southerly portion of No.7, Pond north 39 degrees 17 minutes west 20 1860.2 feet to a cut stone monument in the warrant line between 21 Samuel Ellis warrant and Solomon Ellis warrant; thence along 22 said warrant line north 50 degrees 18 minutes east 1187.5 feet 23 to the place of Beginning. Containing 50.63 acres of land, be 24 the same more or less. 25 BEING the same parcels, respectively, of the same premises, 26 which William Francis Wolcott and Bessie C. Wolcott, his wife, 27 and Ira B. Rutherford and Gertrude H. Rutherford, his wife, by 28 indenture, dated October 10, 1951 and recorded in Wayne County 29 Deed Book Volume 179 at Page 499, granted and released to the 30 Commonwealth of Pennsylvania, Grantor herein. 20020S1453B2450 - 29 -
1 (c) Water utility easement.--The water utility easement to 2 be conveyed pursuant to this section consists of approximately 3 3 acres of land described according to a metes and bounds 4 centerline description prepared by Alfred K. Bucconear, 5 Registered Professional Land Surveyor, and more particularly 6 described as follows: 7 A center line commencing at the WATERLINE @ C/L, said point 8 being the POINT OF BEGINNING; thence N 67 degrees 58 minutes 44 9 seconds W, a distance of 304.82 feet; thence N 68 degrees 32 10 minutes 54 seconds W, a distance of 162.62 feet; thence N 69 11 degrees 06 minutes 29 seconds W, a distance of 250.30 feet; 12 thence N 67 degrees 54 minutes 37 seconds W, a distance of 13 137.65 feet; thence N 69 degrees 04 minutes 08 seconds W, a 14 distance of 128.40 feet; thence N 67 degrees 52 minutes 59 15 seconds W, a distance of 144.65 feet; thence N 68 degrees 41 16 minutes 17 seconds W, a distance of 464.81 feet; thence N 64 17 degrees 30 minutes 34 seconds W, a distance of 47.02 feet; 18 thence N 51 degrees 36 minutes 45 seconds W, a distance of 29.09 19 feet; thence N 31 degrees 12 minutes 58 seconds W, a distance of 20 25.90 feet; thence N 21 degrees 27 minutes 04 seconds W, a 21 distance of 86.46 feet; thence N 20 degrees 37 minutes 09 22 seconds W, a distance of 134.01 feet; thence N 19 degrees 36 23 minutes 44 seconds W, a distance of 96.82 feet; thence N 16 24 degrees 55 minutes 13 seconds W, a distance of 62.30 feet; 25 thence N 12 degrees 31 minutes 15 seconds W, a distance of 41.75 26 feet; thence N 06 degrees 00 minutes 09 seconds W, a distance of 27 49.29 feet; thence N 02 degrees 57 minutes 11 seconds E, a 28 distance of 41.92 feet; thence N 09 degrees 17 minutes 39 29 seconds E, a distance of 38.51 feet; thence N 10 degrees 04 30 minutes 02 seconds E, a distance of 56.80 feet; thence N 11 20020S1453B2450 - 30 -
1 degrees 22 minutes 59 seconds E, a distance of 115.75 feet; 2 thence N 00 degrees 47 minutes 04 seconds E, a distance of 69.47 3 feet; thence N 08 degrees 59 minutes 25 seconds W, a distance of 4 64.41 feet; thence N 53 degrees 53 minutes 45 seconds W, a 5 distance of 55.63 feet; thence N 57 degrees 54 minutes 19 6 seconds W, a distance of 35.41 feet; thence N 61 degrees 25 7 minutes 32 seconds W, a distance of 34.61 feet; thence N 63 8 degrees 08 minutes 43 seconds W, a distance of 45.47 feet; 9 thence N 73 degrees 58 minutes 07 seconds W, a distance of 53.96 10 feet; thence N 84 degrees 19 minutes 04 seconds W, a distance of 11 67.71 feet; N 88 degrees 47 minutes 01 second W, a distance of 12 57.62 feet; thence N 89 degrees 45 minutes 20 seconds W, a 13 distance of 105.03 feet; thence 88 degrees 57 minutes 12 seconds 14 W, a distance of 147.71 feet; thence 89 degrees 44 minutes 42 15 seconds W, a distance of 42.69 feet; thence N 78 degrees 29 16 minutes 22 seconds W, a distance of 293.49 feet; thence S 89 17 degrees 24 minutes 49 seconds W, a distance of 158.70 feet; 18 thence S 87 degrees 45 minutes 54 seconds W, a distance of 19 106.48 feet; thence N 89 degrees 24 minutes 25 seconds W, a 20 distance of 119.83 feet; thence N 81 degrees 23 minutes 05 21 seconds W, a distance of 66.08 feet; thence N 79 degrees 31 22 minutes 39 seconds W, a distance of 76.12 feet; thence N 72 23 degrees 18 minutes 15 seconds W, a distance of 73.70 feet; 24 thence N 71 degrees 05 minutes 29 seconds W, a distance of 25 251.05 feet; thence N 64 degrees 19 minutes 14 seconds W, a 26 distance of 131.97 feet; thence N 52 degrees 55 minutes 18 27 seconds W, a distance of 32.11 feet; thence N 49 degrees 47 28 minutes 22 seconds W, a distance of 37.45 feet; thence N 45 29 degrees 04 minutes 27 seconds W, a distance of 194.66 feet; 30 thence S 88 degrees 12 minutes 46 seconds W, a distance of 20020S1453B2450 - 31 -
1 174.58 feet; thence N 65 degrees 26 minutes 45 seconds W, a 2 distance of 161.09 feet; thence N 66 degrees 34 minutes 46 3 seconds W, a distance of 259.68 feet; thence N 69 degrees 29 4 minutes 27 seconds W, a distance of 102.10 feet; thence N 67 5 degrees 50 minutes 25 seconds W, a distance of 81.83 feet; 6 thence N 62 degrees 58 minutes 23 seconds W, a distance of 61.90 7 feet; thence N 53 degrees 27 minutes 53 seconds W, a distance of 8 58.71 feet; thence N 39 degrees 55 minutes 19 seconds W, a 9 distance of 106.99 feet; thence N 37 degrees 18 minutes 39 10 seconds W, a distance of 186.81 feet; thence N 37 degrees 28 11 minutes 40 seconds W, a distance of 89.60 feet; thence N 16 12 degrees 14 minutes 14 seconds W, a distance of 12.53 feet; 13 thence N 28 degrees 40 minutes 54 seconds E, a distance of 19.17 14 feet to the POINT OF ENDING. 15 (d) Conditions.--The conveyance shall be made under and 16 subject to all lawful and enforceable easements, servitudes and 17 rights of others, including but not confined to streets, 18 roadways and rights of any telephone, telegraph, water, 19 electric, gas or pipeline companies, as well as under and 20 subject to any lawful and enforceable estates or tenancies 21 vested in third persons appearing of record, for any portion of 22 the land or improvements erected thereon. The deed of conveyance 23 shall contain the following covenant "under and subject to a 24 condition that a portion of the lands herein conveyed shall 25 contain a restriction stating that any area within 500 feet of 26 the shoreline or the normal pool elevation of Carbondale 27 Reservoir No.4 (as defined by the crest of the spillway 28 elevation at the date of conveyance) shall remain open and that 29 no development can occur on that portion of the property." 30 (e) Deed.--The deed of conveyance shall be by Special 20020S1453B2450 - 32 -
1 Warranty Deed and shall be executed by the Secretary of General 2 Services in the name of the Commonwealth of Pennsylvania. The 3 deed of conveyance shall contain a clause that the property 4 conveyed shall be used for public water purposes by the 5 Pennsylvania Suburban Water Company or its successor, and, if at 6 any time the Pennsylvania Suburban Water Company or its 7 successor sells or transfers the property or permits the 8 property to be used for any purpose other than those specified 9 in this section, the title to the property shall immediately 10 revert to and revest in the Commonwealth of Pennsylvania, 11 provided that nothing in this section shall preclude the 12 Pennsylvania Suburban Water Company or its successor from 13 granting a right-of-way over such property if the grant of 14 right-of-way is approved by the Department of General Services. 15 (f) Costs and fees.--Costs and fees incidental to this 16 conveyance shall be borne by the Grantee. 17 (g) Alternative disposition.--In the event that this 18 conveyance is not executed by January 1, 2007, the property may 19 be disposed of in accordance with Article 2406-A of the Act of 20 April 9, 1929 (P.L.177, No.175), known as The Administrative 21 Code of 1929. 22 Section 4. Conveyance in Hempfield Township, Westmoreland 23 County. 24 (a) Authorization.--The Department of General Services, with 25 the approval of the Department of Corrections and the Governor, 26 is hereby authorized on behalf of the Commonwealth of 27 Pennsylvania to grant and convey to the County of Westmoreland 28 4.5662 acres of land described in subsection (b). Fair 29 consideration for the property shall be an exchange for adjacent 30 County of Westmoreland property that is of equal value as 20020S1453B2450 - 33 -
1 determined by an independent appraisal. The exchange shall be in 2 accordance with an Agreement of Sale. 3 (b) Description.--The property to be conveyed pursuant to 4 subsection (a) consists of all that certain parcel of land 5 situated in Hempfield Township, Westmoreland County, 6 Pennsylvania, bounded and described as follows: 7 All that certain parcel of land situate in Hempfield 8 Township, County of Westmoreland and Commonwealth of 9 Pennsylvania, being more particularly bounded and described as 10 follows, to wit: 11 BEGINNING at a point in the middle of Route 119 (SR 119) on 12 the common line property owned by N/F Westmoreland County 13 Housing Authority and N/F General State Authority (Regional 5 14 Prison) thence following said dividing line N 22 degrees 06'28"W 15 a distance of 198.69' to a point being the true place of 16 beginning; thence 59 degrees 23'32"W a distance of 548.63' to a 17 point; thence N 19 degrees 37'28"W a distance of 502.15' to a 18 point; thence N 59 degrees 23'32"E a distance of 233.40' to a 19 point on line of lands N/F Westmoreland County; thence along 20 lands N/F Westmoreland County S 22 degrees 06'28"E a distance of 21 90.46' to an iron pin; thence along same S 67 degrees 06'28"E a 22 distance of 226.27' to an iron pin; thence along same N67 23 degrees 53'32"E a distance of 130.00' to an iron pin on the 24 common property line of lands N/F Westmoreland County and N/F 25 Westmoreland County Housing Authority; thence S 22 degrees 26 06'28"E a distance of 204.68' to a point being the place of 27 beginning. 28 Containing an area of 4.5662 acres. 29 (c) Conditions.--The conveyance authorized by this section 30 shall be made under and subject to all lawful and enforceable 20020S1453B2450 - 34 -
1 easements, servitudes and rights of others, including, but not 2 confined to, streets, roadways and rights of telephone, 3 telegraph, cable, water, electric, sewer, gas or pipeline 4 companies, as well as under and subject to any lawful and 5 enforceable interest, estates or tenancies vested in third 6 persons, appearing of record, for any portion of the land or 7 improvements erected thereon. 8 (d) Deed.--The deed of conveyance shall be by Special 9 Warranty Deed and shall ensure an exchange of adjacent County of 10 Westmoreland property being of equal value as the 4.5662 acres 11 described in subsection (b) and consistent with an Agreement of 12 Sale. The deed of conveyance authorized by this section shall be 13 approved as provided by law and shall be executed by the 14 Secretary of General Services in the name of the Commonwealth of 15 Pennsylvania. 16 (e) Costs and fees.--Costs and fees incidental to this 17 conveyance authorized by this section shall be borne by the 18 Grantee. 19 SECTION 2. BOROUGH OF ROYALTON. <-- 20 (A) AUTHORIZATION TO RELEASE RESTRICTIONS.--THE LAND 21 DESCRIBED IN SUBSECTION (B) IS HEREBY RELEASED FROM ANY 22 RESTRICTIONS OR ENCUMBRANCES ON THE TITLE RESULTING FROM THE 23 PROVISIONS OF THE ACT OF JANUARY 19, 1968 (1967 P.L.996, 24 NO.443), KNOWN AS THE LAND AND WATER CONSERVATION AND 25 RECLAMATION ACT, IN EXCHANGE FOR THE IMPOSITION OF THE LAND AND 26 WATER CONSERVATION AND RECLAMATION ACT PROVISIONS ON LAND OWNED 27 BY THE BOROUGH OF ROYALTON AND DESCRIBED IN SUBSECTION (C). 28 (B) DESCRIPTION OF LAND TO BE RELEASED OF RESTRICTIONS.--ALL 29 THAT CERTAIN PARCEL OF LAND LOCATED IN THE BOROUGH OF ROYALTON, 30 DAUPHIN COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: 20020S1453B2450 - 35 -
1 BEGINNING AT A MONUMENT ON THE SOUTHERLY SIDE OF CANAL STREET; 2 THENCE SOUTH 10 DEGREES 03 MINUTES WEST ALONG THE EASTERLY SIDE 3 OF A PRIVATE ROAD, 123.55 FEET TO A SPIKE; THENCE SOUTH 79 4 DEGREES 50 MINUTES WEST 100 FEET TO A SPIKE IN THE EASTERLY LINE 5 OF LANDS, NOW OR LATE, OF MARGARET ELLEN KERR BECKLEY; THENCE 6 NORTH 12 DEGREES 42 MINUTES EAST 97.46 FEET TO A SPIKE IN THE 7 SOUTHERLY LINE OF CANAL STREET; THENCE ALONG THE SOUTHERN LINE 8 OF SAID CANAL STREET, NORTH 75 DEGREES 50 MINUTES EAST 45.51 9 FEET TO A SPIKE; THENCE STILL ALONG THE SOUTHERLY LINE OF SAID 10 CANAL STREET, SOUTH 07 DEGREES 40 MINUTES EAST, 54.50 FEET TO A 11 MONUMENT, THE PLACE OF BEGINNING. 12 BEING THE SAME PREMISES WHICH KENNETH P. DUDLEY AND DORIS M. 13 DUDLEY, HIS WIFE, BY DEED DATED AUGUST 7, 1984, AND RECORDED IN 14 THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY, PENNSYLVANIA, 15 IN RECORD BOOK 526, AT PAGE 252, GRANTED AND CONVEYED TO THE 16 BOROUGH OF ROYALTON. AND BEING ALSO TRACT 2 UPON WHICH THE 17 BOROUGH OF ROYALTON BY DEED DATED SEPTEMBER 26, 1988, AND 18 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY, 19 PENNSYLVANIA, IN RECORD BOOK 1179, AT PAGE 363, PREVIOUSLY 20 IMPOSED THE RESTRICTION THAT THE SAID TRACT 2 BE USED FOR 21 MUNICIPAL PARK, RECREATION AND OPEN SPACE PURPOSES AS DEFINED IN 22 THE LAND AND WATER CONSERVATION AND RECLAMATION ACT. 23 (C) DESCRIPTION OF LAND TO BE RESTRICTED.--ALL OF THAT 24 CERTAIN PORTION OF LAND IN THE BOROUGH OF ROYALTON, DAUPHIN 25 COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: 26 BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERN 27 RIGHT-OF-WAY LINE OF BURD STREET (50' WIDE) WITH THE EASTERN 28 LINE OF LANDS NOW OR FORMERLY OF AMTRAK, SAID POINT ALSO BEING 29 AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED LOT NO. 2; 30 THENCE, ALONG THE AFOREMENTIONED LANDS OF AMTRAK, AND ALONG THE 20020S1453B2450 - 36 -
1 WESTERN SIDE OF A 10 FEET WIDE DRAINAGE EASEMENT, NORTH 19 2 DEGREES 32 MINUTES 24 SECONDS WEST, 143.21 FEET TO A CONCRETE 3 MONUMENT (SET); THENCE, ALONG LOT NO. 1, AS SHOWN ON THE ABOVE 4 REFERENCED PLAN, SOUTH 84 DEGREES 30 MINUTES 00 SECONDS EAST, 5 142.39 FEET TO A CONCRETE MONUMENT (SET); THENCE, CONTINUING 6 ALONG THE AFOREMENTIONED LOT NO. 1, ALONG THE WESTERN SIDE OF A 7 25 FEET WIDE ACCESS AND UTILITY EASEMENT, SOUTH 05 DEGREES 30 8 MINUTES 00 SECONDS WEST, 129.75 FEET TO A 3/4 INCH REBAR WITH 9 CAP (SET) AT THE NORTHERN RIGHT-OF-WAY LINE OF THE 10 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY LINE 11 AND ALONG THE SOUTHERN SIDE OF THE AFOREMENTIONED DRAINAGE 12 EASEMENT, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 81.77 13 FEET TO THE POINT OF BEGINNING, CONTAINING 14,542.6 SQUARE FEET 14 OR 0.3339 ACRES. IDENTIFIED AS "LOT NO. 2", ON A PLAN TITLED, 15 "FINAL SUBDIVISION PLAN FOR BOROUGH OF ROYALTON", PREPARED BY 16 LIGHT-HEIGEL & ASSOCIATES, INC., DATED JULY 26, 2002, JOB NUMBER 17 02-0372, RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN 18 COUNTY, PENNSYLVANIA, IN PLAN BOOK I, VOLUME 8, AT PAGE 95, AND 19 BEING A PORTION OF THE PIECE OR PARCEL OF LAND WHICH THE 20 MIDDLETOWN AREA SCHOOL DISTRICT BY DEED DATED JUNE 25, 2001, AND 21 RECORDED IN THE OFFICE OF RECORDER OF DEEDS, DAUPHIN COUNTY, 22 PENNSYLVANIA, IN RECORD BOOK 4042, AT PAGE 492 GRANTED AND 23 CONVEYED TO THE BOROUGH OF ROYALTON. TOGETHER WITH THE RIGHT OF 24 INGRESS, EGRESS, AND REGRESS, FROM BURD STREET, OVER AND ACROSS 25 A 25 FEET WIDE ACCESS AND UTILITY EASEMENT OVER LANDS GRANTED 26 AND CONVEYED TO THE BOROUGH OF ROYALTON BY THE AFORESAID DEED OF 27 JUNE 25, 2001, SAID EASEMENT BEING SET FORTH ON THE AFORESAID 28 FINAL SUBDIVISION PLAN, AND SAID EASEMENT BEING FURTHER 29 DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH REBAR WITH CAP 30 (SET) ON THE NORTHERN RIGHT-OF-WAY LINE OF BURD STREET (50' 20020S1453B2450 - 37 -
1 WIDE) IN THE BOROUGH OF ROYALTON, DAUPHIN COUNTY, PENNSYLVANIA, 2 SAID REBAR BEING AT THE SOUTHEAST CORNER OF LOT NO. 2, AT A 3 CORNER COMMON TO LANDS NOW OR FORMERLY OF THE BOROUGH OF 4 ROYALTON (LOT NO. 1) AS SHOWN ON THE ABOVE REFERENCED PLAN, SAID 5 POINT ALSO BEING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 6 PROPOSED 25 FEET WIDE ACCESS AND UTILITY EASEMENT ON THE ABOVE 7 REFERENCED PLAN; THENCE, ALONG THE AFOREMENTIONED LOT NO. 2, 8 NORTH 05 DEGREES 30 MINUTES 00 SECONDS EAST, 129.75 FEET TO A 9 CONCRETE MONUMENT (SET); THENCE, THROUGH THE AFOREMENTIONED 10 LANDS OF THE BOROUGH OF ROYALTON, SOUTH 84 DEGREES, 30 MINUTES, 11 00 SECONDS EAST, 25.00 FEET TO A POINT, THENCE, ALONG LANDS NOW 12 OR FORMERLY OF MICHAEL S. RICHARDS, DESCRIBED IN DEED BOOK 2429, 13 AT PAGE 110, SOUTH 05 DEGREES 30 MINUTES 00 SECONDS WEST, 129.75 14 TO A PIN (FOUND) ON THE NORTHERN RIGHT-OF-WAY LINE OF THE 15 AFOREMENTIONED BURD STREET; THENCE, ALONG SAID RIGHT-OF-WAY 16 LINE, NORTH 84 DEGREES 30 MINUTES 00 SECONDS WEST, 25.00 FEET TO 17 THE POINT OF THE BEGINNING. 18 (D) AUTHORIZATION TO IMPOSE RESTRICTIONS.--THE FOLLOWING 19 RESTRICTION SHALL BE ADDED TO THE DEED FOR THE LAND DESCRIBED IN 20 SUBSECTION (C): 21 "THIS LAND IS TO BE USED FOR MUNICIPAL PARK, RECREATION 22 AND OPEN SPACE PURPOSES AS DEFINED IN THE LAND AND WATER 23 CONSERVATION AND RECLAMATION ACT." 24 (E) SPECIAL ACCOUNT.--FURTHER, IN CONSIDERATION FOR 25 RELEASING THE RESTRICTIONS ON THE PROPERTY DESCRIBED IN 26 SUBSECTION (B), THE BOROUGH SHALL PLACE IN A SPECIAL ACCOUNT OF 27 THE BOROUGH AN AMOUNT OF MONEY EQUAL TO THE FAIR MARKET VALUE OF 28 THIS PROPERTY. FOR PURPOSES OF THIS SECTION, THE FAIR MARKET 29 VALUE HAS BEEN DETERMINED TO BE $16,500. WITHIN FIVE YEARS OF 30 THE EFFECTIVE DATE OF THIS SECTION, THIS MONEY SHALL BE USED 20020S1453B2450 - 38 -
1 EXCLUSIVELY TO MAKE IMPROVEMENTS TO EXISTING BOROUGH-OWNED PARKS
2 AND PLAYGROUNDS IN ACCORDANCE WITH A PLAN APPROVED BY THE
3 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, BUREAU OF
4 RECREATION AND CONSERVATION.
5 Section 5 3. Effective date. <--
6 This act shall take effect immediately.
E28L85DMS/20020S1453B2450 - 39 -