PRINTER'S NO. 1743
No. 1503 Session of 1981
INTRODUCED BY WASS, L. E. SMITH, PETERSON, COSLETT, CLYMER,
GREENWOOD, J. L. WRIGHT, LIVENGOOD, PETRARCA AND CLARK,
JUNE 3, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 1981
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor and the Department of Environmental
3 Resources to convey to Cherry Hill Township a tract of land
4 and a right-of-way situate in Cherry Hill Township, Indiana
5 County, Pennsylvania.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The Department of General Services, with the
9 approval of the Governor and the Department of Environmental
10 Resources, is hereby authorized and directed on behalf of the
11 Commonwealth of Pennsylvania to convey to the township of Cherry
12 Hill, the following tract of land and right-of-way situate in
13 the township of Cherry Hill, County of Indiana, Commonwealth of
14 Pennsylvania, bounded and described as follows:
15 Beginning at an iron pin and stones corner common to lands of
16 Hiram Swank's Sons, Inc., lands formerly of E. H. Putt and lands
17 herein described; thence by lands now or formerly of Hiram
18 Swank's Sons, Inc. and lands herein described north 15 degrees
19 10 minutes east 21.80 rods to an iron pin corner; thence by
1 lands last mentioned south 58 degrees 56 minutes east 35.08 rods
2 to an iron pin corner; thence continuing by same south 14
3 degrees 49 minutes west 20.00 rods to an iron pin corner; thence
4 continuing by lands last mentioned south 58 degrees 55 minutes
5 east 17.80 rods to an iron pin corner of lands last mentioned
6 and lands now or formerly of Watson and Tomkins; thence by lands
7 now or formerly of Watson and Tomkins and lands herein described
8 south 34 degrees 42 minutes east 2.00 rods to an iron pin corner
9 common to lands last mentioned and lands now or formerly of E.
10 H. Putt; thence along line common to land now or formerly of E.
11 H. Putt and lands herein described north 58 degrees 55 minutes
12 west 52.20 rods to an iron post and stones corner, place of
13 beginning.
14 Containing 4 acres 132.8 perches of land.
15 The description contained hereinbefore of the land conveyed
16 by the within indenture is based on a survey by Duane E. Carson
17 under direction of H. F. Hartman, R. S. in June 1971.
18 Being that same tract of land which Hiram Swank's Sons, Inc.
19 conveyed to the Commonwealth of Pennsylvania by deed dated the
20 17th day of May 1932 and recorded in the Recorder of Deeds
21 Office in and for the County of Indiana in Deed Book Volume 261,
22 Page 525.
23 Also, all that right title and interest of the Commonwealth
24 of Pennsylvania in that certain right-of-way described in an
25 agreement executed the 15th day of July 1933 between E. H. Putt
26 and the Commonwealth of Pennsylvania. The said right-of-way
27 being more particularly bounded and described as follows:
28 Being all that certain tract, or parcel, of land situate in
29 Cherry Hill Township, Indiana County, Pennsylvania, bounded and
30 described as follows to-wit:
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1 Beginning at a large White Oak, a corner of lands of
2 Neiswanger Heirs, Watson and Tomkins, and of land herein to be
3 conveyed; thence by land of Neiswanger Heirs south 44 degrees 26
4 minutes west 20.72 rods to a point in the public road leading to
5 Diamondville; thence in a northwesterly direction 1.2 rods to a
6 point; thence by other land of the grantors herein north 44
7 degrees 26 minutes east 20.72 rods to a point; thence by same
8 north 38 degrees 45 minutes east 32.18 rods to a point on the
9 south line of land of the Commonwealth, now known as the Clymer
10 Forest Fire Observation Tower site; thence by same south 59
11 degrees 18 minutes east 1.2 rods to a post on line of lands of
12 Watson and Tomkins; thence by same south 38 degrees 45 minutes
13 west 32.18 rods to the large White Oak, the place of beginning.
14 Containing 0.4 of an acre. The heretofore described tract of
15 land herein to be conveyed is a part of that tract of land
16 which, by deed of the Clymer Brick and Fireclay Company, dated
17 April 1, 1909, was conveyed to E. H. Putt, the grantor herein,
18 as recorded in Indiana County Deed Book Volune 112, Page 73, and
19 consist of a strip of land 20 feet wide, extending from the
20 public road leading to Diamondville, a distance of 52.9 rods to
21 land (the Clymer Fire Observation Tower Site) recently acquired
22 by the Commonwealth from Herman Swank and Sons by deed dated May
23 17, 1932 as found recorded in Indiana County Deed Book Volume
24 261, Page 525.
25 Being, further, that strip of land, the subject of agreement
26 dated July 15, 1933 by and between the parties hereto.
27 Section 2. The Deed of Conveyance shall contain a clause
28 whereby the Pennsylvania State Police communication tower and
29 facilities presently located on the tract shall remain in
30 accordance with an inter-departmental cooperative land use
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1 agreement entered into between the Department of Environmental
2 Resources and the Pennsylvania State Police on July 15, 1974.
3 Section 3. The Deed of Conveyance shall be approved in
4 accordance with law and shall be executed by the Secretary of
5 General Services in the name of the Commonwealth of
6 Pennsylvania.
7 Section 4. The conveyance shall be made for a consideration
8 of $1 and all fees and costs shall be borne by the grantee.
9 Section 5. This act shall take effect immediately.
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