PRIOR PRINTER'S NO. 4077 PRINTER'S NO. 4188
No. 2678 Session of 2008
INTRODUCED BY COX, JUNE 26, 2008
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 3, 2008
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to grant and convey to Heritage
3 Building Group, Inc., and the Municipal Authority of the
4 Township of South Heidelberg, and/or their assigns, six
5 permanent sanitary sewer easements and two temporary
6 construction easements, situate in South Heidelberg Township
7 and Lower Heidelberg Township, Berks County.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The Department of General Services, with the
11 approval of the Governor, is hereby authorized on behalf of the
12 Commonwealth of Pennsylvania to grant and convey to Heritage
13 Building Group, Inc., and the Municipal Authority of the
14 Township of South Heidelberg, and/or their assigns, six sanitary
15 sewer easements and two temporary construction easements,
16 through the lands of Wernersville State Hospital, situate in
17 South Heidelberg Township and Lower Heidelberg Township, Berks
18 County, under such terms and conditions to be established in an
19 Easement Agreement with the Department of General Services.
1 Section 2. The property to be conveyed consists of six
2 permanent sanitary sewer easements and two temporary
3 construction easements, bounded and more particularly described
4 as follows:
5 SANITARY SEWER EASEMENT NO. 1
6 BEGINNING AT A POINT on the Southwesterly right-of-way of the
7 Philadelphia and Reading Railroad (Lebanon Valley Branch,
8 variable width right-of-way), said point being distant along the
9 arc of a circle curving to the right, having a radius of
10 5,772.65 feet, a central angle of 00 degrees 29 minutes 27
11 seconds, an arc length of 49.45 feet, a chord bearing North 56
12 degrees 24 minutes 51 seconds West and a chord distance of 49.45
13 feet from the Westerly right-of-way line of Point Road (a.k.a.
14 T-374, 33 foot wide right-of-way) and from said point of
15 beginning running, Thence;
16 The following two courses and distances along a line running
17 through Parcel 7365, lands now or formerly the Commonwealth of
18 Pennsylvania (Wernersville State Hospital):
19 1. South 33 degrees 58 minutes 48 seconds West, a distance of
20 17.92 feet to a point, Thence;
21 2. South 52 degrees 40 minutes 40 seconds East, a distance of
22 59.02 feet to a point on the westerly right-of-way of Point
23 Road, Thence;
24 3. Along the Westerly right-of-way line of Point Road, along the
25 arc of a circle curving to the left, having a radius of
26 581.57 feet, a central angle of 03 degrees 28 minutes 52
27 seconds, an arc length of 35.34 feet, a chord bearing South
28 05 degrees 26 minutes 21 seconds West and a chord distance of
29 35.33 feet to a point, Thence;
30 The following two courses and distances along a line running
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1 through Parcel 7365:
2 1. North 52 degrees 40 minutes 40 seconds West, a distance of
3 105.98 feet to a point, Thence;
4 2. North 33 degrees 58 minutes 48 seconds East, a distance of
5 46.22 feet to a point on the Southwesterly right-of-way line
6 of the Philadelphia and Reading Railroad, Thence;
7 3. Along the Southwesterly right-of-way of the Philadelphia and
8 Reading Railroad, along the arc of a circle curving to the
9 left, having a radius of 5,772.65 feet, a central angle of 00
10 degrees 17 minutes 52 seconds, an arc length of 30.00 feet, a
11 chord bearing South 56 degrees 01 minutes 12 seconds East and
12 a chord distance of 30.00 feet to the point and place of
13 beginning.
14 Containing 3,430 square feet of 0.079 acres.
15 SANITARY SEWER EASEMENT NO. 2
16 BEGINNING AT A POINT on the Northeasterly right-of-way line
17 of the Philadelphia and Reading Railroad (Lebanon Valley Branch,
18 variable width right-of-way), said point being distant along the
19 arc of a circle curving to the right, having a radius of
20 5,686.65 feet, a central angle of 00 degrees 11 minutes 44
21 seconds, an arc length of 19.42 feet, a chord bearing North 56
22 degrees 16 minutes 08 seconds West and a chord distance of 19.42
23 feet from the intersection with the Westerly right-of-way line
24 of Point Road (a.k.a T-374, 33 foot wide right-of-way) and from
25 said point of beginning running, Thence;
26 1. Along the Northeasterly right-of-way line of the Philadelphia
27 and Reading Railroad, along the arc of a circle curving to
28 the right, having a radius of 5,686.65 feet, a central angle
29 of 00 degrees 18 minutes 08 seconds, an arc length of 30.00
30 feet, a chord bearing North 56 degrees 01 minutes 12 seconds
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1 West and a chord distance of 30.00 feet to a point, Thence;
2 2. Along a line running through Parcel 7365, lands now or
3 formerly the Commonwealth of Pennsylvania (Wernersville State
4 Hospital), North 33 degrees 58 minutes 48 seconds East, a
5 distance of 40.12 feet to a point on the Westerly right-of-
6 way line of Point Road, Thence;
7 3. Along the Westerly right-of-way line of Point Road, South 17
8 degrees 00 minutes 27 seconds East, a distance of 38.61 feet
9 to a point, Thence;
10 4. Along a line running through Parcel 7365, South 33 degrees 58
11 minutes 48 seconds West, a distance of 15.81 feet to the
12 point and place of beginning.
13 Containing 839 square feet or 0.019 acres.
14 SANITARY SEWER EASEMENT NO. 3
15 BEGINNING AT A POINT on the Easterly right-of-way line of
16 Point Road (a.k.a. T-374, 33 foot wide right-of-way), said point
17 being distant the following two courses and distances from the
18 intersection with the Northeasterly right-of-way line of the
19 Philadelphia and Reading Railroad (Lebanon Valley Branch,
20 variable width right-of-way) and from said point of beginning
21 running, Thence;
22 The following two courses and distances along the easterly
23 right-of-way line of Point Road:
24 A. Along the arc of a circle curving to the left, having a
25 radius of 71.50 feet, a central angle of 15 degrees 50
26 minutes 55 seconds, an arc length of 19.78 feet, a chord
27 bearing North 09 degrees 05 minutes 00 seconds West and a
28 chord distance of 19.71 feet to a point of tangency, Thence;
29 B. North 17 degrees 00 minutes 27 seconds West, a distance of
30 68.80 feet to the true point of beginning and from said point
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1 of beginning running, Thence;
2 The following two courses and distances along the Easterly
3 right-of-way line of Point Road.
4 1. North 17 degrees 00 minutes 27 seconds West, a distance of
5 89.46 feet to a point, Thence;
6 2. Along the arc of a circle curving to the right, having a
7 radius of 351.34 feet, a central angle of 14 degrees 05
8 minutes 51 seconds, an arc length of 86.45 feet, a chord
9 bearing North 06 degrees 53 minutes 26 seconds West and a
10 chord distance of 86.23 feet to a point, Thence;
11 3. Along a line running through Parcel 7365, lands now or
12 formerly the Commonwealth of Pennsylvania (Wernersville State
13 Hospital), North 27 degrees 35 minutes 27 seconds East, a
14 distance of 282.13 feet to a point on the Easterly right-of-
15 way line of Point Road, Thence;
16 The following two courses and distances along the Easterly
17 right-of-way line of Point Road:
18 1. Along the arc of a circle curving to the right, having a
19 radius of 651.62 feet, a central angle of 03 degrees 05
20 minutes 48 seconds, an arc length of 35.22 feet, a chord
21 bearing North 55 degrees 26 minutes 23 seconds East and a
22 chord distance of 35.21 feet to a point, Thence;
23 2. Along the arc of a circle curving to the left, having a
24 radius of 1,461.02 feet, a central angle of 04 degrees 20
25 minutes 32 seconds, an arc length of 110.72 feet, a chord
26 bearing North 53 degrees 16 minutes 25 seconds East and a
27 chord distance of 110.69 feet to a point, Thence;
28 The following four courses and distances along the line running
29 through Parcel 7365:
30 1. South 48 degrees 09 minutes 50 seconds West, a distance of
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1 97.96 feet to a point, Thence;
2 2. South 27 degrees 35 minutes 27 seconds West, a distance of
3 342.21 feet to a point, Thence;
4 3. South 10 degrees 40 minutes 14 seconds East, a distance of
5 133.47 feet to a point, Thence;
6 4. South 33 degrees 58 minutes 48 seconds West, a distance of
7 9.14 feet to the point and place of beginning.
8 Containing 12,036 square feet or 0.276 acres.
9 SANITARY SEWER EASEMENT NO. 4
10 BEGINNING AT THE INTERSECTION of Northeasterly right-of-way
11 line of West Penn Avenue (a.k.a. U.S. Route 422, a.k.a. L.R.
12 149, 100 foot wide right-of-way) and the Westerly right-of-way
13 line of Point Road (a.k.a. T-374, 33 foot wide right-of-way, 50
14 foot wide right-of-way per tax map), and from said point of
15 beginning running, Thence;
16 1. Along the Northeasterly right-of-way line of West Penn
17 Avenue, North 61 degrees 49 minutes 45 seconds West, a
18 distance of 245.21 feet to a point, Thence;
19 The following six courses and distances along a line running
20 through Parcel 4351, lands now or formerly the Commonwealth of
21 Pennsylvania (Wernersville State Hospital):
22 1. North 58 degrees 29 minutes 08 seconds East, a distance of
23 34.75 feet to a point, Thence;
24 2. South 61 degrees 49 minutes 45 seconds East, a distance of
25 212.45 feet to a point, Thence;
26 3. North 41 degrees 30 minutes 00 seconds East, a distance of
27 328.00 feet to a point, Thence;
28 4. North 43 degrees 17 minutes 44 seconds East, a distance of
29 198.85 feet to a point, Thence;
30 5. North 39 degrees 26 minutes 55 seconds East, a distance of
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1 181.02 feet to a point, Thence;
2 6. North 46 degrees 50 minutes 16 seconds East, a distance of
3 29.63 feet to a point on the Southwesterly side of an
4 existing 20 foot wide sanitary sewer easement, Thence;
5 7. Along a line running through Parcel 3451 and along an
6 existing 20 foot wide sanitary sewer easement, South 11
7 degrees 37 minutes 57 seconds West, a distance of 54.76 feet
8 to a point on the Westerly right-of-way line of Point Road,
9 Thence;
10 The following two courses and distances along the Westerly
11 right-of-way line of Point Road:
12 1. South 42 degrees 48 minutes 36 seconds West, a distance of
13 503.06 feet to a point, Thence;
14 2. South 40 degrees 34 minutes 12 seconds West, a distance of
15 212.45 feet to the point and place of beginning.
16 Containing 22,492 square feet or 0.52 acres.
17 SANITARY SEWER EASEMENT NO. 5
18 BEGINNING AT A POINT on the dividing line between Parcel
19 7365, lands now or formerly the Commonwealth of Pennsylvania
20 (Wernersville State Hospital) and Parcel 5933, lands now or
21 formerly Heritage-Springdale, L.P., said point being distant the
22 following two courses and distances from the intersection of
23 Northwesterly ultimate right-of-way line of Furnace Road (a.k.a.
24 L.R. 06068, a.k.a. T-382, 33 foot wide legal right-of-way) with
25 the dividing line between Parcel 5933 and Parcel 1856, lands now
26 or formerly Admixtures, Inc.:
27 A. Along the dividing line between Parcel 5933 and Parcel 1856,
28 North 42 degrees 19 minutes 56 seconds West, a distance of
29 521.88 feet to a point, Thence;
30 B. Along the dividing line between Parcel 7365 and Parcel 5933,
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1 South 42 degrees 18 minutes 49 seconds West, a distance of
2 91.53 feet to the true point and place of beginning, and from
3 said point of beginning running, Thence;
4 1. Along the dividing line between Parcel 7365 and Parcel 5933,
5 South 42 degrees 18 minutes 49 seconds West, a distance of
6 30.04 feet to a point, Thence;
7 The following five courses and distances along a line running
8 through Parcel 7356:
9 1. North 50 degrees 32 minutes 03 seconds West, a distance of
10 388.71 feet to a point, Thence;
11 2. North 54 degrees 37 minutes 43 seconds West, a distance of
12 400.26 feet to a point; Thence,
13 3. North 48 degrees 32 minutes 34 seconds West, a distance of
14 401.15 feet to a point, Thence;
15 4. North 45 degrees 49 minutes 06 seconds West, a distance of
16 394.96 feet to a point, Thence;
17 5. North 52 degrees 40 minutes 40 seconds West, a distance of
18 15.10 feet to a point on the Easterly right-of-way line of
19 Point Road (a.k.a. T-374, 33 foot wide right-of-way), Thence;
20 6. Along the Easterly right-of-way line of Point Road, along the
21 arc of circle curving to the right, having a radius of 548.57
22 feet, a central angle of 03 degrees 46 minutes 58 seconds, an
23 arc length of 36.22 feet, a chord bearing North 03 degrees 15
24 minutes 57 seconds East, and a chord distance of 36.21 feet
25 to a point, Thence;
26 The following five courses and distances along a line running
27 through Parcel 7356:
28 1. South 52 degrees 40 minutes 40 seconds East, a distance of
29 37.18 feet to a point, Thence;
30 2. South 45 degrees 49 minutes 06 seconds East, a distance of
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1 396.04 feet to a point, Thence;
2 3. South 48 degrees 32 minutes 34 seconds East, a distance of
3 398.85 feet to a point, Thence;
4 4. South 54 degrees 37 minutes 43 seconds East, a distance of
5 399.74 feet to a point, Thence;
6 5. South 50 degrees 32 minutes 03 seconds East, a distance of
7 391.27 feet to a point and place of beginning.
8 Containing 48,356 square feet or 1.110 acres.
9 SANITARY SEWER EASEMENT NO. 6
10 BEGINNING AT A POINT on the Westerly right-of-way line of
11 Point Road (a.k.a. T-374, 33 foot wide right-of-way, 50 foot
12 wide right-of-way per tax map) said point being distant the
13 following two courses and distances from the intersection of the
14 Westerly right-of-way line of Point road with the Northeasterly
15 right-of-way line of West Penn Avenue (a.k.a. U.S. Route 422,
16 a.k.a. L.R.149, 100 foot wide right-of-way):
17 The following two courses and distances along the Westerly
18 right-of-way line of Point Road:
19 A. North 40 degrees 34 minutes 12 seconds East, a distance
20 212.45 feet to a point, Thence;
21 B. North 42 degrees 48 minutes 36 seconds East, a distance of
22 503.06 feet to the true point and place and beginning and
23 from said point of beginning running, Thence;
24 The following two courses and distances along the Northerly end
25 of a variable width sanitary sewer easement running through
26 parcel 3451, lands now or formerly the Commonwealth of
27 Pennsylvania (Wernersville State Hospital):
28 1. North 11 degrees 37 minutes 57 seconds East, a distance of
29 54.76 feet to a point, Thence;
30 2. South 46 degrees 50 minutes 16 seconds West, a distance of
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1 8.67 feet to a point, Thence;
2 The following four courses and distances along a line running
3 through parcel 3451:
4 1. North 11 degrees 37 minutes 57 seconds East, a distance of
5 280.61 feet to a point, Thence;
6 2. North 17 degrees 56 minutes 15 seconds East, a distance of
7 206.27 feet to a point, Thence;
8 3. North 41 degrees 07 minutes 38 seconds East, a distance of
9 255.31 feet to a point, Thence;
10 4. North 12 degrees 51 minutes 16 seconds West, a distance of
11 143.30 feet to a point, Thence;
12 5. Along the dividing line between parcel 3451 and parcel 9003,
13 lands now or formerly Moore and along the Southerly end of a
14 20 foot wide sanitary easement, South 45 degrees 34 minutes
15 28 seconds East, a distance of 55.50 feet to a point, Thence;
16 The following four courses and distances along a line running
17 through parcel 3451:
18 1. South 12 degrees 51 minutes 16 seconds East, a distance of
19 111.88 feet to a point, Thence;
20 2. South 41 degrees 07 minutes 38 seconds West, a distance of
21 264.43 feet to a point, Thence;
22 3. South 17 degrees 56 minutes 15 seconds West, a distance of
23 198.46 feet to a point, Thence;
24 4. South 11 degrees 37 minutes 57 seconds West, a distance of
25 285.32 feet to a point on the Westerly right-of-way line of
26 Point Road, Thence;
27 5. Along the Westerly right-of-way line of Point Road, South 42
28 degrees 48 minutes 36 seconds West, a distance of 48.29 feet
29 to the point and place of beginning.
30 Containing 26,746 feet or 0.614 acre.
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1 TEMPORARY CONSTRUCTION EASEMENT NO. 1
2 BEGINNING AT A POINT on the Easterly right-of-way line of
3 Point Road (a.k.a. T-374, 33 foot wide right-of-way), said point
4 being distant the following two courses and distances from the
5 intersection of the Easterly right-of-way line of Point Road and
6 the Northeasterly right-of-way line of the Philadelphia and
7 Reading Railroad (Lebanon Valley Branch, variable width right-
8 of-way).
9 The following two courses and distances along the Easterly
10 right-of-way line of Point Road:
11 A. Along the arc of a circle curving to the left, having a
12 radius of 71.50 feet, a central angle of 15 degrees 50
13 minutes 55 seconds, an arc length of 19.78 feet, a chord
14 bearing North 09 degrees 05 minutes 00 seconds West and a
15 chord distance of 19.71 feet to a point of tangency, Thence;
16 B. North 17 degrees 00 minutes 27 seconds West, a distance of
17 39.85 feet to the true point and place of beginning and from
18 said point of beginning running, Thence;
19 1. Along the Easterly right-of-way line of Point Road, North 17
20 degrees 00 minutes 27 seconds West, a distance of 96.52 feet
21 to a point, Thence;
22 The following three courses and distances along a line running
23 through Parcel 7365 lands now or formerly the Commonwealth of
24 Pennsylvania (Wernersville State Hospital)
25 1. North 33 degrees 58 minutes 48 seconds East, a distance of
26 25.29 feet to a point, Thence;
27 2. South 56 degrees 01 minutes 12 seconds East, a distance of
28 75.00 feet to a point, Thence;
29 3. South 33 degrees 58 minutes 48 seconds West, a distance of
30 86.05 feet to the point and place of beginning.
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1 Containing 4,175 square feet or 0.096 acres.
2 TEMPORARY CONSTRUCTION EASEMENT NO. 2
3 BEGINNING AT A POINT on the Northeasterly right-of-way of
4 West Penn Avenue (a.k.a. U.S. Route 422, A.K.A. L.R. 149, 100
5 foot wide right-of-way) at the intersection of the dividing line
6 between Parcel 3451, lands now or formerly the Commonwealth of
7 Pennsylvania (Wernersville State Hospital) and Parcel 9003,
8 lands now or formerly Moore, and from said point of beginning
9 running, Thence;
10 1. Along the dividing line between Parcel 3451 and Parcel 9003,
11 North 42 degrees 15 minutes 15 seconds East, a distance of
12 77.89 feet to a point, Thence;
13 The following three courses and distances along a line running
14 through Parcel 3451:
15 1. South 31 degrees 30 minutes 52 seconds East, a distance of
16 57.95 feet to a point, thence;
17 2. South 58 degrees 29 minutes 08 seconds West, a distance of
18 53.63 feet to a point on the Northeasterly right-of-way line
19 of West Penn Avenue, Thence;
20 3. Along the Northeasterly right-of-way line of West Penn
21 Avenue, North 61 degrees 49 minutes 45 seconds West, a
22 distance of 41.91 feet to the point and place of beginning.
23 Containing 3,137 square feet or
24 0.072 acres.
25 Section 3. The conveyance shall be made under and subject to
26 all lawful and enforceable easements, servitudes and rights of
27 others, including but not confined to streets, roadways and
28 rights of any telephone, telegraph, water, electric, gas or
29 pipeline companies, as well as under and subject to any subject
30 to any lawful and enforceable estates or tenancies vested in
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1 third persons appearing of record, for any portion of the land
2 or improvements erected thereon.
3 Section 4. This act shall not be construed to convey any
4 excess sewage capacity available at Wernersville State Hospital.
5 It is the intent of the General Assembly that the Commonwealth
6 retain the current sewer capacity for EITHER current and future <--
7 Commonwealth operations at Wernersville State Hospital OR <--
8 GENERAL HEALTH CARE PURPOSES IN THIS COMMONWEALTH.
9 Section 5. The Easement Agreement shall be in form and
10 substance acceptable to the Department of General Services and
11 shall be executed by the Secretary of General Services in the
12 name of the Commonwealth of Pennsylvania.
13 Section 6. Costs and fees incidental to this conveyance
14 shall be borne by the Grantee.
15 Section 7. In the event that an Easement Agreement is not
16 executed within 1 year from the effective date of this Act, the
17 authorization contained herein shall be null and void.
18 Section 8. This act shall take effect immediately.
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