SENATE AMENDED
PRIOR PRINTER'S NOS. 3075, 3829 PRINTER'S NO. 4083
No. 2158 Session of 2008
INTRODUCED BY SIPTROTH, PEIFER, BEYER, BRENNAN, CALTAGIRONE,
CARROLL, CREIGHTON, DENLINGER, FLECK, GRUCELA, HARRIS, HELM,
HERSHEY, HESS, KENNEY, MAHONEY, MAJOR, MENSCH, MILLARD,
PRESTON, SANTONI, SAYLOR, SCAVELLO, SURRA, VULAKOVICH, MURT,
YOUNGBLOOD, MOYER, PHILLIPS, HORNAMAN, KULA, MANTZ AND GABIG,
JANUARY 14, 2008
SENATOR PICCOLA, STATE GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 26, 2008
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 Pike County or its assigns,
4 certain lands, situate in the Borough of Milford, Pike
5 County, in exchange for a certain tract of land; AND <--
6 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO HERITAGE
8 BUILDING GROUP, INC., AND THE MUNICIPAL AUTHORITY OF THE
9 TOWNSHIP OF SOUTH HEIDELBERG, AND/OR THEIR ASSIGNS, SIX
10 PERMANENT SANITARY SEWER EASEMENTS AND TWO TEMPORARY
11 CONSTRUCTION EASEMENTS, SITUATE IN SOUTH HEIDELBERG TOWNSHIP
12 AND LOWER HEIDELBERG TOWNSHIP, BERKS COUNTY.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Authorization for conveyance from the Commonwealth. <--
16 The Department of General Services, with the approval of the
17 SECTION 1. CONVEYANCE TO PIKE COUNTY. <--
18 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
19 THE APPROVAL OF THE Department of Transportation and the
20 Governor, is hereby authorized on behalf of the Commonwealth of
1 Pennsylvania to grant and convey to Pike County certain land and
2 improvements described in section 2 SUBSECTION (B). <--
3 Section 2. Description. <--
4 The property to be conveyed under section 1 consists of three
5 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER <--
6 SUBSECTION (A) CONSISTS OF THREE tracts containing in aggregate
7 3.319-acres more or less and improvements known as the
8 Pennsylvania Department of Transportation Pike County
9 Maintenance Facility in the Borough of Milford, Pike County,
10 Pennsylvania, more particularly bounded and described as
11 follows:
12 Parcel 1.
13 BEGINNING at a point, said point being in legal right-of-way
14 line offset at right angle 50 feet from tangent of point of
15 curve Station 25+37.54 on L.R. 8 (Traffic Route 6); thence along
16 same right-of-way line on a curve to the right an arc distance
17 179.90 feet, south 88 degrees, 55 minutes, 41 seconds east a
18 distance of 179.77 feet to a point; thence along Bennett Street
19 south 34 degrees, 13 minutes, 00 seconds east a distance of
20 72.78 feet to a point; thence along lands now or formerly of Sam
21 Schouppe south 55 degrees, 47 minutes 00 seconds west a distance
22 of 204.80 feet to point; thence along lands now or formerly of
23 Norman Lehde north 18 degrees, 50 minutes, 00 seconds west a
24 distance of 43.40 feet to a point; thence along same lands of
25 Norman Lehde north 15 degrees, 10 minutes 00 seconds west a
26 distance of 142.60 feet to place of beginning. Containing 0.5504
27 acres of land, more or less.
28 Parcel 2.
29 BEGINNING at a point, said point being south 53 degrees 36
30 minutes west 200 feet from the southeasterly side of Bennett
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1 Avenue; on the line of lands between Pennsylvania Department of
2 Highways and C. Koenderman, et ux; thence south 36 degrees 24
3 minutes east 110 feet to a point. Said point being on dividing
4 line of lands of E. Roberts and C. Koenderman, et ux; thence
5 along said dividing line south 53 degrees 36 minutes west 110.8
6 feet to a point; thence north 49 degrees 30 minutes west 43.2
7 feet to a point; thence north 64 degrees 15 minutes west 77.53
8 feet to a point on the line of lands between Pennsylvania
9 Department of Highways and C. Koenderman, et ux; thence along
10 said dividing line of lands north 53 degrees 36 minutes east
11 157.54 feet to a point. Said point being the place of BEGINNING.
12 CONTAINING .336 acres of land, more or less.
13 Parcel 3.
14 BEGINNING at a stone monument set in the ground marking the
15 westerly side of Elizabeth Street and the center line of Broad
16 Street, as shown by the official map of the Borough of Milford,
17 thence at right angles to the center line of Broad Street, south
18 thirty-eight degrees E. forty (40.0) feet; thence, south, twelve
19 degrees, thirty-seven minutes east seventy-seven and twenty-two
20 hundredths (77.22) feet, thence, south twenty-three degrees and
21 thirty-six minutes east forty-five (45.0) feet, thence south
22 seven degrees and fifty minutes east one hundred forty and
23 twenty-five hundredths (140.25) feet, thence south seventeen
24 degrees and forty-five minutes east one hundred forty-eight and
25 fifty hundredths (148.50) feet, thence south twenty-one degrees,
26 east eighty-two and fifty hundredths (82.50) feet, thence, south
27 seven degrees, forty-five minutes east, forty-nine and fifty
28 hundredths (49.50) feet, thence south nine degrees and thirty-
29 minutes west, twenty-nine and twenty-five hundredths (29.25)
30 feet to a concrete monument and the beginning point for the land
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1 hereby intended to be conveyed, thence along lands of Nell Quick
2 Wells, north fifty-three degrees, thirty-five minutes and
3 twenty-three seconds east, two hundred fifty-nine and sixty-
4 eight hundredths (259.68) feet to a concrete monument on the
5 westerly side of Bennett Avenue, thence along the westerly side
6 of Bennett Avenue, south thirty-six degrees, twenty-four minutes
7 and thirty-seven seconds, east, three hundred feet (300.00) to a
8 concrete monument; thence at right angles along lands of Nell
9 Quick Wells, south fifty-three degrees thirty-five minutes and
10 twenty-three seconds west, three hundred fifty-seven and fifty-
11 four hundredths (357.54) feet to a concrete monument on line of
12 lands of Brown Estate; thence along said lands north sixty-four
13 degrees and thirty minutes west, eighty-seven and forty-seven
14 hundredths (87.47) feet to a stake; thence north nineteen
15 degrees west, one hundred thirty-two (132.0) feet to a stake;
16 thence north nine degrees and thirty minutes east one hundred
17 thirty-nine and five hundredths (139.05) feet to a concrete
18 monument and place of beginning. CONTAINING TWO AND FORTY-SEVEN
19 ONE HUNDREDTHS ACRES, be the same more or less.
20 Section 3. Conveyance to the Commonwealth. <--
21 The conveyance authorized under section 1 shall be made in
22 (C) PROPERTY TO BE EXCHANGED.--THE CONVEYANCE AUTHORIZED <--
23 UNDER SUBSECTION (A) SHALL BE MADE IN exchange for the
24 conveyance, by special warranty deed, from Pike County to the
25 Commonwealth of Pennsylvania, acting by and through its
26 Department of General Services, of all that certain piece of
27 land located in Blooming Grove Township, Pike County,
28 Pennsylvania, situated at the northwest corner of the
29 intersection of the county prison access road and Route 739,
30 containing 13.5-acres more or less, substantially as shown on
20080H2158B4083 - 4 -
1 the "Stockpile Survey Plan" prepared by the Pennsylvania
2 Department of Transportation, dated May 25, 2004, with a metes
3 and bounds description to be provided by a Professional Land
4 Surveyor duly licensed in accordance with the laws of this
5 Commonwealth.
6 Section 4. Conditions. <--
7 The conveyance authorized under section 1 shall be made under
8 (D) CONDITIONS.--THE CONVEYANCE AUTHORIZED UNDER SUBSECTION <--
9 (A) SHALL BE MADE UNDER and subject to all lawful and
10 enforceable easements, servitudes and rights of others,
11 including, but not limited to, streets, roadways and any rights
12 of any telephone, telegraph, water, electric, gas or pipeline
13 companies, as well as under and subject to any lawful and
14 enforceable estates or tenancies vested in third persons
15 appearing of record, for any portion of the land or improvements
16 erected thereon.
17 Section 5. Restriction. <--
18 The conveyance authorized under this act shall be made under
19 (E) RESTRICTION.--THE CONVEYANCE AUTHORIZED UNDER THIS <--
20 SECTION SHALL BE MADE UNDER and subject to the condition, which
21 shall be contained in the deed of conveyance, that no portion of
22 the property conveyed shall be used as a licensed facility, as
23 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
24 other similar type of facility authorized under State law. The
25 condition shall be a covenant running with the land and shall be
26 binding upon the grantee, its successors and assigns. Should the
27 grantee, its successors or assigns, permit any portion of the
28 property authorized to be conveyed in this act SECTION to be <--
29 used in violation of this section, the title shall immediately
30 revert to and revest in the grantor.
20080H2158B4083 - 5 -
1 Section 6. Deed of conveyance. <--
2 The deed of conveyance authorized under section 1 shall be a
3 (F) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE AUTHORIZED <--
4 UNDER SUBSECTION (A) SHALL BE A special warranty deed and shall
5 be executed by the Secretary of General Services in the name of
6 the Commonwealth of Pennsylvania.
7 Section 7. Costs. <--
8 Each party shall bear its own fees and costs incidental to
9 (G) COSTS.--EACH PARTY SHALL BEAR ITS OWN FEES AND COSTS <--
10 INCIDENTAL TO these conveyances.
11 SECTION 2. EASEMENTS THROUGH LANDS OF WERNERSVILLE STATE <--
12 HOSPITAL.
13 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
14 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
15 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO HERITAGE
16 BUILDING GROUP, INC., AND THE MUNICIPAL AUTHORITY OF THE
17 TOWNSHIP OF SOUTH HEIDELBERG, AND/OR THEIR ASSIGNS, SIX SANITARY
18 SEWER EASEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS,
19 THROUGH THE LANDS OF WERNERSVILLE STATE HOSPITAL, SITUATE IN
20 SOUTH HEIDELBERG TOWNSHIP AND LOWER HEIDELBERG TOWNSHIP, BERKS
21 COUNTY, UNDER SUCH TERMS AND CONDITIONS TO BE ESTABLISHED IN AN
22 EASEMENT AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES.
23 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED CONSISTS OF
24 SIX PERMANENT SANITARY SEWER EASEMENTS AND TWO TEMPORARY
25 CONSTRUCTION EASEMENTS, BOUNDED AND MORE PARTICULARLY DESCRIBED
26 AS FOLLOWS:
27 SANITARY SEWER EASEMENT NO. 1
28 BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE
29 PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
30 VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT BEING DISTANT ALONG THE
20080H2158B4083 - 6 -
1 ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
2 5,772.65 FEET, A CENTRAL ANGLE OF 00 DEGREES 29 MINUTES 27
3 SECONDS, AN ARC LENGTH OF 49.45 FEET, A CHORD BEARING NORTH 56
4 DEGREES 24 MINUTES 51 SECONDS WEST AND A CHORD DISTANCE OF 49.45
5 FEET FROM THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD (A.K.A.
6 T-374, 33 FOOT WIDE RIGHT-OF-WAY) AND FROM SAID POINT OF
7 BEGINNING RUNNING, THENCE;
8 THE FOLLOWING TWO COURSES AND DISTANCES ALONG A LINE RUNNING
9 THROUGH PARCEL 7365, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
10 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
11 1. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
12 17.92 FEET TO A POINT, THENCE;
13 2. SOUTH 52 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF
14 59.02 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF POINT
15 ROAD, THENCE;
16 3. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, ALONG THE
17 ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF
18 581.57 FEET, A CENTRAL ANGLE OF 03 DEGREES 28 MINUTES 52
19 SECONDS, AN ARC LENGTH OF 35.34 FEET, A CHORD BEARING SOUTH
20 05 DEGREES 26 MINUTES 21 SECONDS WEST AND A CHORD DISTANCE OF
21 35.33 FEET TO A POINT, THENCE;
22 THE FOLLOWING TWO COURSES AND DISTANCES ALONG A LINE RUNNING
23 THROUGH PARCEL 7365:
24 1. NORTH 52 DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF
25 105.98 FEET TO A POINT, THENCE;
26 2. NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
27 46.22 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE
28 OF THE PHILADELPHIA AND READING RAILROAD, THENCE;
29 3. ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF THE PHILADELPHIA AND
30 READING RAILROAD, ALONG THE ARC OF A CIRCLE CURVING TO THE
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1 LEFT, HAVING A RADIUS OF 5,772.65 FEET, A CENTRAL ANGLE OF 00
2 DEGREES 17 MINUTES 52 SECONDS, AN ARC LENGTH OF 30.00 FEET, A
3 CHORD BEARING SOUTH 56 DEGREES 01 MINUTES 12 SECONDS EAST AND
4 A CHORD DISTANCE OF 30.00 FEET TO THE POINT AND PLACE OF
5 BEGINNING.
6 CONTAINING 3,430 SQUARE FEET OF 0.079 ACRES.
7 SANITARY SEWER EASEMENT NO. 2
8 BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE
9 OF THE PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
10 VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT BEING DISTANT ALONG THE
11 ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
12 5,686.65 FEET, A CENTRAL ANGLE OF 00 DEGREES 11 MINUTES 44
13 SECONDS, AN ARC LENGTH OF 19.42 FEET, A CHORD BEARING NORTH 56
14 DEGREES 16 MINUTES 08 SECONDS WEST AND A CHORD DISTANCE OF 19.42
15 FEET FROM THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
16 OF POINT ROAD (A.K.A T-374, 33 FOOT WIDE RIGHT-OF-WAY) AND FROM
17 SAID POINT OF BEGINNING RUNNING, THENCE;
18 1. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE PHILADELPHIA
19 AND READING RAILROAD, ALONG THE ARC OF A CIRCLE CURVING TO
20 THE RIGHT, HAVING A RADIUS OF 5,686.65 FEET, A CENTRAL ANGLE
21 OF 00 DEGREES 18 MINUTES 08 SECONDS, AN ARC LENGTH OF 30.00
22 FEET, A CHORD BEARING NORTH 56 DEGREES 01 MINUTES 12 SECONDS
23 WEST AND A CHORD DISTANCE OF 30.00 FEET TO A POINT, THENCE;
24 2. ALONG A LINE RUNNING THROUGH PARCEL 7365, LANDS NOW OR
25 FORMERLY THE COMMONWEALTH OF PENNSYLVANIA (WERNERSVILLE STATE
26 HOSPITAL), NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A
27 DISTANCE OF 40.12 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
28 WAY LINE OF POINT ROAD, THENCE;
29 3. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, SOUTH 17
30 DEGREES 00 MINUTES 27 SECONDS EAST, A DISTANCE OF 38.61 FEET
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1 TO A POINT, THENCE;
2 4. ALONG A LINE RUNNING THROUGH PARCEL 7365, SOUTH 33 DEGREES 58
3 MINUTES 48 SECONDS WEST, A DISTANCE OF 15.81 FEET TO THE
4 POINT AND PLACE OF BEGINNING.
5 CONTAINING 839 SQUARE FEET OR 0.019 ACRES.
6 SANITARY SEWER EASEMENT NO. 3
7 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
8 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), SAID POINT
9 BEING DISTANT THE FOLLOWING TWO COURSES AND DISTANCES FROM THE
10 INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE
11 PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
12 VARIABLE WIDTH RIGHT-OF-WAY) AND FROM SAID POINT OF BEGINNING
13 RUNNING, THENCE;
14 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
15 RIGHT-OF-WAY LINE OF POINT ROAD:
16 A. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
17 RADIUS OF 71.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 50
18 MINUTES 55 SECONDS, AN ARC LENGTH OF 19.78 FEET, A CHORD
19 BEARING NORTH 09 DEGREES 05 MINUTES 00 SECONDS WEST AND A
20 CHORD DISTANCE OF 19.71 FEET TO A POINT OF TANGENCY, THENCE;
21 B. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
22 68.80 FEET TO THE TRUE POINT OF BEGINNING AND FROM SAID POINT
23 OF BEGINNING RUNNING, THENCE;
24 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
25 RIGHT-OF-WAY LINE OF POINT ROAD.
26 1. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
27 89.46 FEET TO A POINT, THENCE;
28 2. ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A
29 RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 14 DEGREES 05
30 MINUTES 51 SECONDS, AN ARC LENGTH OF 86.45 FEET, A CHORD
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1 BEARING NORTH 06 DEGREES 53 MINUTES 26 SECONDS WEST AND A
2 CHORD DISTANCE OF 86.23 FEET TO A POINT, THENCE;
3 3. ALONG A LINE RUNNING THROUGH PARCEL 7365, LANDS NOW OR
4 FORMERLY THE COMMONWEALTH OF PENNSYLVANIA (WERNERSVILLE STATE
5 HOSPITAL), NORTH 27 DEGREES 35 MINUTES 27 SECONDS EAST, A
6 DISTANCE OF 282.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
7 WAY LINE OF POINT ROAD, THENCE;
8 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
9 RIGHT-OF-WAY LINE OF POINT ROAD:
10 1. ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A
11 RADIUS OF 651.62 FEET, A CENTRAL ANGLE OF 03 DEGREES 05
12 MINUTES 48 SECONDS, AN ARC LENGTH OF 35.22 FEET, A CHORD
13 BEARING NORTH 55 DEGREES 26 MINUTES 23 SECONDS EAST AND A
14 CHORD DISTANCE OF 35.21 FEET TO A POINT, THENCE;
15 2. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
16 RADIUS OF 1,461.02 FEET, A CENTRAL ANGLE OF 04 DEGREES 20
17 MINUTES 32 SECONDS, AN ARC LENGTH OF 110.72 FEET, A CHORD
18 BEARING NORTH 53 DEGREES 16 MINUTES 25 SECONDS EAST AND A
19 CHORD DISTANCE OF 110.69 FEET TO A POINT, THENCE;
20 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE LINE RUNNING
21 THROUGH PARCEL 7365:
22 1. SOUTH 48 DEGREES 09 MINUTES 50 SECONDS WEST, A DISTANCE OF
23 97.96 FEET TO A POINT, THENCE;
24 2. SOUTH 27 DEGREES 35 MINUTES 27 SECONDS WEST, A DISTANCE OF
25 342.21 FEET TO A POINT, THENCE;
26 3. SOUTH 10 DEGREES 40 MINUTES 14 SECONDS EAST, A DISTANCE OF
27 133.47 FEET TO A POINT, THENCE;
28 4. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
29 9.14 FEET TO THE POINT AND PLACE OF BEGINNING.
30 CONTAINING 12,036 SQUARE FEET OR 0.276 ACRES.
20080H2158B4083 - 10 -
1 SANITARY SEWER EASEMENT NO. 4
2 BEGINNING AT THE INTERSECTION OF NORTHEASTERLY RIGHT-OF-WAY
3 LINE OF WEST PENN AVENUE (A.K.A. U.S. ROUTE 422, A.K.A. L.R.
4 149, 100 FOOT WIDE RIGHT-OF-WAY) AND THE WESTERLY RIGHT-OF-WAY
5 LINE OF POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY, 50
6 FOOT WIDE RIGHT-OF-WAY PER TAX MAP), AND FROM SAID POINT OF
7 BEGINNING RUNNING, THENCE;
8 1. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WEST PENN
9 AVENUE, NORTH 61 DEGREES 49 MINUTES 45 SECONDS WEST, A
10 DISTANCE OF 245.21 FEET TO A POINT, THENCE;
11 THE FOLLOWING SIX COURSES AND DISTANCES ALONG A LINE RUNNING
12 THROUGH PARCEL 4351, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
13 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
14 1. NORTH 58 DEGREES 29 MINUTES 08 SECONDS EAST, A DISTANCE OF
15 34.75 FEET TO A POINT, THENCE;
16 2. SOUTH 61 DEGREES 49 MINUTES 45 SECONDS EAST, A DISTANCE OF
17 212.45 FEET TO A POINT, THENCE;
18 3. NORTH 41 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF
19 328.00 FEET TO A POINT, THENCE;
20 4. NORTH 43 DEGREES 17 MINUTES 44 SECONDS EAST, A DISTANCE OF
21 198.85 FEET TO A POINT, THENCE;
22 5. NORTH 39 DEGREES 26 MINUTES 55 SECONDS EAST, A DISTANCE OF
23 181.02 FEET TO A POINT, THENCE;
24 6. NORTH 46 DEGREES 50 MINUTES 16 SECONDS EAST, A DISTANCE OF
25 29.63 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF AN
26 EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT, THENCE;
27 7. ALONG A LINE RUNNING THROUGH PARCEL 3451 AND ALONG AN
28 EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT, SOUTH 11
29 DEGREES 37 MINUTES 57 SECONDS WEST, A DISTANCE OF 54.76 FEET
30 TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD,
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1 THENCE;
2 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE WESTERLY
3 RIGHT-OF-WAY LINE OF POINT ROAD:
4 1. SOUTH 42 DEGREES 48 MINUTES 36 SECONDS WEST, A DISTANCE OF
5 503.06 FEET TO A POINT, THENCE;
6 2. SOUTH 40 DEGREES 34 MINUTES 12 SECONDS WEST, A DISTANCE OF
7 212.45 FEET TO THE POINT AND PLACE OF BEGINNING.
8 CONTAINING 22,492 SQUARE FEET OR 0.52 ACRES.
9 SANITARY SEWER EASEMENT NO. 5
10 BEGINNING AT A POINT ON THE DIVIDING LINE BETWEEN PARCEL
11 7365, LANDS NOW OR FORMERLY THE COMMONWEALTH OF PENNSYLVANIA
12 (WERNERSVILLE STATE HOSPITAL) AND PARCEL 5933, LANDS NOW OR
13 FORMERLY HERITAGE-SPRINGDALE, L.P., SAID POINT BEING DISTANT THE
14 FOLLOWING TWO COURSES AND DISTANCES FROM THE INTERSECTION OF
15 NORTHWESTERLY ULTIMATE RIGHT-OF-WAY LINE OF FURNACE ROAD (A.K.A.
16 L.R. 06068, A.K.A. T-382, 33 FOOT WIDE LEGAL RIGHT-OF-WAY) WITH
17 THE DIVIDING LINE BETWEEN PARCEL 5933 AND PARCEL 1856, LANDS NOW
18 OR FORMERLY ADMIXTURES, INC.:
19 A. ALONG THE DIVIDING LINE BETWEEN PARCEL 5933 AND PARCEL 1856,
20 NORTH 42 DEGREES 19 MINUTES 56 SECONDS WEST, A DISTANCE OF
21 521.88 FEET TO A POINT, THENCE;
22 B. ALONG THE DIVIDING LINE BETWEEN PARCEL 7365 AND PARCEL 5933,
23 SOUTH 42 DEGREES 18 MINUTES 49 SECONDS WEST, A DISTANCE OF
24 91.53 FEET TO THE TRUE POINT AND PLACE OF BEGINNING, AND FROM
25 SAID POINT OF BEGINNING RUNNING, THENCE;
26 1. ALONG THE DIVIDING LINE BETWEEN PARCEL 7365 AND PARCEL 5933,
27 SOUTH 42 DEGREES 18 MINUTES 49 SECONDS WEST, A DISTANCE OF
28 30.04 FEET TO A POINT, THENCE;
29 THE FOLLOWING FIVE COURSES AND DISTANCES ALONG A LINE RUNNING
30 THROUGH PARCEL 7356:
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1 1. NORTH 50 DEGREES 32 MINUTES 03 SECONDS WEST, A DISTANCE OF
2 388.71 FEET TO A POINT, THENCE;
3 2. NORTH 54 DEGREES 37 MINUTES 43 SECONDS WEST, A DISTANCE OF
4 400.26 FEET TO A POINT; THENCE,
5 3. NORTH 48 DEGREES 32 MINUTES 34 SECONDS WEST, A DISTANCE OF
6 401.15 FEET TO A POINT, THENCE;
7 4. NORTH 45 DEGREES 49 MINUTES 06 SECONDS WEST, A DISTANCE OF
8 394.96 FEET TO A POINT, THENCE;
9 5. NORTH 52 DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF
10 15.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
11 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), THENCE;
12 6. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD, ALONG THE
13 ARC OF CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 548.57
14 FEET, A CENTRAL ANGLE OF 03 DEGREES 46 MINUTES 58 SECONDS, AN
15 ARC LENGTH OF 36.22 FEET, A CHORD BEARING NORTH 03 DEGREES 15
16 MINUTES 57 SECONDS EAST, AND A CHORD DISTANCE OF 36.21 FEET
17 TO A POINT, THENCE;
18 THE FOLLOWING FIVE COURSES AND DISTANCES ALONG A LINE RUNNING
19 THROUGH PARCEL 7356:
20 1. SOUTH 52 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF
21 37.18 FEET TO A POINT, THENCE;
22 2. SOUTH 45 DEGREES 49 MINUTES 06 SECONDS EAST, A DISTANCE OF
23 396.04 FEET TO A POINT, THENCE;
24 3. SOUTH 48 DEGREES 32 MINUTES 34 SECONDS EAST, A DISTANCE OF
25 398.85 FEET TO A POINT, THENCE;
26 4. SOUTH 54 DEGREES 37 MINUTES 43 SECONDS EAST, A DISTANCE OF
27 399.74 FEET TO A POINT, THENCE;
28 5. SOUTH 50 DEGREES 32 MINUTES 03 SECONDS EAST, A DISTANCE OF
29 391.27 FEET TO A POINT AND PLACE OF BEGINNING.
30 CONTAINING 48,356 SQUARE FEET OR 1.110 ACRES.
20080H2158B4083 - 13 -
1 SANITARY SEWER EASEMENT NO. 6
2 BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
3 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY, 50 FOOT
4 WIDE RIGHT-OF-WAY PER TAX MAP) SAID POINT BEING DISTANT THE
5 FOLLOWING TWO COURSES AND DISTANCES FROM THE INTERSECTION OF THE
6 WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD WITH THE NORTHEASTERLY
7 RIGHT-OF-WAY LINE OF WEST PENN AVENUE (A.K.A. U.S. ROUTE 422,
8 A.K.A. L.R.149, 100 FOOT WIDE RIGHT-OF-WAY):
9 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE WESTERLY
10 RIGHT-OF-WAY LINE OF POINT ROAD:
11 A. NORTH 40 DEGREES 34 MINUTES 12 SECONDS EAST, A DISTANCE
12 212.45 FEET TO A POINT, THENCE;
13 B. NORTH 42 DEGREES 48 MINUTES 36 SECONDS EAST, A DISTANCE OF
14 503.06 FEET TO THE TRUE POINT AND PLACE AND BEGINNING AND
15 FROM SAID POINT OF BEGINNING RUNNING, THENCE;
16 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE NORTHERLY END
17 OF A VARIABLE WIDTH SANITARY SEWER EASEMENT RUNNING THROUGH
18 PARCEL 3451, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
19 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
20 1. NORTH 11 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF
21 54.76 FEET TO A POINT, THENCE;
22 2. SOUTH 46 DEGREES 50 MINUTES 16 SECONDS WEST, A DISTANCE OF
23 8.67 FEET TO A POINT, THENCE;
24 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG A LINE RUNNING
25 THROUGH PARCEL 3451:
26 1. NORTH 11 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF
27 280.61 FEET TO A POINT, THENCE;
28 2. NORTH 17 DEGREES 56 MINUTES 15 SECONDS EAST, A DISTANCE OF
29 206.27 FEET TO A POINT, THENCE;
30 3. NORTH 41 DEGREES 07 MINUTES 38 SECONDS EAST, A DISTANCE OF
20080H2158B4083 - 14 -
1 255.31 FEET TO A POINT, THENCE;
2 4. NORTH 12 DEGREES 51 MINUTES 16 SECONDS WEST, A DISTANCE OF
3 143.30 FEET TO A POINT, THENCE;
4 5. ALONG THE DIVIDING LINE BETWEEN PARCEL 3451 AND PARCEL 9003,
5 LANDS NOW OR FORMERLY MOORE AND ALONG THE SOUTHERLY END OF A
6 20 FOOT WIDE SANITARY EASEMENT, SOUTH 45 DEGREES 34 MINUTES
7 28 SECONDS EAST, A DISTANCE OF 55.50 FEET TO A POINT, THENCE;
8 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG A LINE RUNNING
9 THROUGH PARCEL 3451:
10 1. SOUTH 12 DEGREES 51 MINUTES 16 SECONDS EAST, A DISTANCE OF
11 111.88 FEET TO A POINT, THENCE;
12 2. SOUTH 41 DEGREES 07 MINUTES 38 SECONDS WEST, A DISTANCE OF
13 264.43 FEET TO A POINT, THENCE;
14 3. SOUTH 17 DEGREES 56 MINUTES 15 SECONDS WEST, A DISTANCE OF
15 198.46 FEET TO A POINT, THENCE;
16 4. SOUTH 11 DEGREES 37 MINUTES 57 SECONDS WEST, A DISTANCE OF
17 285.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
18 POINT ROAD, THENCE;
19 5. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, SOUTH 42
20 DEGREES 48 MINUTES 36 SECONDS WEST, A DISTANCE OF 48.29 FEET
21 TO THE POINT AND PLACE OF BEGINNING.
22 CONTAINING 26,746 FEET OR 0.614 ACRE.
23 TEMPORARY CONSTRUCTION EASEMENT NO. 1
24 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
25 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), SAID POINT
26 BEING DISTANT THE FOLLOWING TWO COURSES AND DISTANCES FROM THE
27 INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD AND
28 THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE PHILADELPHIA AND
29 READING RAILROAD (LEBANON VALLEY BRANCH, VARIABLE WIDTH RIGHT-
30 OF-WAY).
20080H2158B4083 - 15 -
1 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
2 RIGHT-OF-WAY LINE OF POINT ROAD:
3 A. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
4 RADIUS OF 71.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 50
5 MINUTES 55 SECONDS, AN ARC LENGTH OF 19.78 FEET, A CHORD
6 BEARING NORTH 09 DEGREES 05 MINUTES 00 SECONDS WEST AND A
7 CHORD DISTANCE OF 19.71 FEET TO A POINT OF TANGENCY, THENCE;
8 B. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
9 39.85 FEET TO THE TRUE POINT AND PLACE OF BEGINNING AND FROM
10 SAID POINT OF BEGINNING RUNNING, THENCE;
11 1. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD, NORTH 17
12 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF 96.52 FEET
13 TO A POINT, THENCE;
14 THE FOLLOWING THREE COURSES AND DISTANCES ALONG A LINE RUNNING
15 THROUGH PARCEL 7365 LANDS NOW OR FORMERLY THE COMMONWEALTH OF
16 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL)
17 1. NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
18 25.29 FEET TO A POINT, THENCE;
19 2. SOUTH 56 DEGREES 01 MINUTES 12 SECONDS EAST, A DISTANCE OF
20 75.00 FEET TO A POINT, THENCE;
21 3. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
22 86.05 FEET TO THE POINT AND PLACE OF BEGINNING.
23 CONTAINING 4,175 SQUARE FEET OR 0.096 ACRES.
24 TEMPORARY CONSTRUCTION EASEMENT NO. 2
25 BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF
26 WEST PENN AVENUE (A.K.A. U.S. ROUTE 422, A.K.A. L.R. 149, 100
27 FOOT WIDE RIGHT-OF-WAY) AT THE INTERSECTION OF THE DIVIDING LINE
28 BETWEEN PARCEL 3451, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
29 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL) AND PARCEL 9003,
30 LANDS NOW OR FORMERLY MOORE, AND FROM SAID POINT OF BEGINNING
20080H2158B4083 - 16 -
1 RUNNING, THENCE;
2 1. ALONG THE DIVIDING LINE BETWEEN PARCEL 3451 AND PARCEL 9003,
3 NORTH 42 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF
4 77.89 FEET TO A POINT, THENCE;
5 THE FOLLOWING THREE COURSES AND DISTANCES ALONG A LINE RUNNING
6 THROUGH PARCEL 3451:
7 1. SOUTH 31 DEGREES 30 MINUTES 52 SECONDS EAST, A DISTANCE OF
8 57.95 FEET TO A POINT, THENCE;
9 2. SOUTH 58 DEGREES 29 MINUTES 08 SECONDS WEST, A DISTANCE OF
10 53.63 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE
11 OF WEST PENN AVENUE, THENCE;
12 3. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WEST PENN
13 AVENUE, NORTH 61 DEGREES 49 MINUTES 45 SECONDS WEST, A
14 DISTANCE OF 41.91 FEET TO THE POINT AND PLACE OF BEGINNING.
15 CONTAINING 3,137 SQUARE FEET OR
16 0.072 ACRES.
17 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
18 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
19 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
20 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
21 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
22 SUBJECT TO ANY SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR
23 TENANCIES VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY
24 PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
25 (D) SEWER CAPACITY RETAINED.--THIS SECTION SHALL NOT BE
26 CONSTRUED TO CONVEY ANY EXCESS SEWAGE CAPACITY AVAILABLE AT
27 WERNERSVILLE STATE HOSPITAL. IT IS THE INTENT OF THE GENERAL
28 ASSEMBLY THAT THE COMMONWEALTH RETAIN THE CURRENT SEWER CAPACITY
29 FOR EITHER CURRENT AND FUTURE COMMONWEALTH OPERATIONS AT
30 WERNERSVILLE STATE HOSPITAL OR GENERAL HEALTH CARE PURPOSES
20080H2158B4083 - 17 -
1 WITHIN THIS COMMONWEALTH.
2 (E) EASEMENT AGREEMENT.--THE EASEMENT AGREEMENT SHALL BE IN
3 FORM AND SUBSTANCE ACCEPTABLE TO THE DEPARTMENT OF GENERAL
4 SERVICES AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
5 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
6 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
7 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
8 (G) EXECUTION.--IN THE EVENT THAT AN EASEMENT AGREEMENT IS
9 NOT EXECUTED WITHIN 1 YEAR FROM THE EFFECTIVE DATE OF THIS ACT,
10 THE AUTHORIZATION CONTAINED HEREIN SHALL BE NULL AND VOID.
11 Section 8 3. Effective date. <--
12 This act shall take effect immediately.
A3L85JAM/20080H2158B4083 - 18 -