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 20080H2158B4083 - 2 -
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 20080H2158B4083 - 3 -
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 20080H2158B4083 - 7 -
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 20080H2158B4083 - 8 -
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 20080H2158B4083 - 9 -
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, 20080H2158B4083 - 11 -
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: 20080H2158B4083 - 12 -
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.
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