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SENATE AMENDED
PRIOR PRINTER'S NO. 3691, 4052
PRINTER'S NO. 4302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2489
Session of
2018
INTRODUCED BY MACKENZIE, JUNE 14, 2018
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 17, 2018
AN ACT
Authorizing the release of Project 70 restrictions on certain
lands owned by the Borough of Topton, Berks County, in
exchange for the imposition of Project 70 restrictions on
other lands to be acquired by the Borough of Topton, Berks
County.; AND AUTHORIZING THE RELEASE OF PROJECT 70
RESTRICTIONS ON CERTAIN LANDS OWNED BY THE COMMONWEALTH OF
PENNSYLVANIA, ACTING BY AND THROUGH THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES, IN EXCHANGE FOR THE
IMPOSITION OF PROJECT 70 RESTRICTIONS ON OTHER LANDS TO BE
ACQUIRED BY THE COMMONWEALTH OF PENNSYLVANIA, ACTING BY AND
THROUGH THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES.; AUTHORIZING THE TRANSFER OF TITLE FOR CERTAIN
PROJECT 70 LANDS OWNED BY LEHIGH COUNTY TO WHITEHALL
TOWNSHIP, LEHIGH COUNTY; AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS AND THE GOVERNOR, TO GRANT AND
CONVEY TO MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY,
OR ITS SUCCESSORS OR ASSIGNS, CERTAIN LANDS, BUILDINGS AND
IMPROVEMENTS SITUATE IN STROUD TOWNSHIP, MONROE COUNTY; AND
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES AND EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
CONVEY TO EAST STROUDSBURG BOROUGH, A CERTAIN PERMANENT
PUBLIC SANITARY SEWER EASEMENT AND CERTAIN PERMANENT PUBLIC
WATER SUPPLY SYSTEM EASEMENTS SITUATE IN EAST STROUDSBURG
BOROUGH, MONROE COUNTY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Restrictions in the Borough of Topton, Berks County.
(a) Authorization.--Under the requirements of section 20(b)
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of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as
the Project 70 Land Acquisition and Borrowing Act, the General
Assembly hereby authorizes the release of Project 70
restrictions on land owned by the Borough of Topton, Berks
County, described in subsection (b), in return for the
imposition of Project 70 restrictions on land described in
subsection (c).
(b) Land to be released from Project 70 restrictions.--The
land to be released from Project 70 restrictions is as follows:
ALL THAT CERTAIN tract or parcel of land located north of West
Weiss Street (54-foot right-of-way) between South Cherry Street
(54-foot right-of-way) and South Callowhill Street (54-foot
right-of-way), situate in the Borough of Topton, County of
Berks, Commonwealth of Pennsylvania, being a portion of the
lands of the Borough of Topton to be conveyed to Robert S. and
Louise E. Blanchard, as shown on and described in accordance
with Lot Conveyance Exhibit, Lands of the Borough of Topton to
be Conveyed to Robert S. & Louise E. Blanchard (EX-1), prepared
by Barry Isett and Associates, Inc., dated January 12, 2017, as
follows:
COMMENCING at the intersection of the northerly right-of-way
line of said West Weiss Street and the westerly right-of-way
line of said Cherry Street; thence along said westerly right-of-
way line of Cherry Street, as shown on the aforesaid Lot
Conveyance Exhibit, Lands of the Borough of Topton to be
Conveyed to Robert S. & Louise E. Blanchard (EX-1), passing
partially in an through Evergreen Drive (18-foot right-of-way),
North 16 degrees 30 minutes 36 seconds West, 342.36 feet to a 1"
pipe found at the common corner of lands of Paul Carl and Nina
Beck and lands of Ronald C. and Wilma M. Herman; thence along
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the common line of said lands of Paul Carl and Nina Beck and
lands of Ronald C. and Wilma M. Herman, South 73 degrees 29
minutes 10 seconds West, 168.72 feet to a 1" rod leaning to the
east found at the TRUE POINT OF BEGINNING of the herein
described; thence along said land of Paul Carl and Nina Beck,
South 25 degrees 42 minutes 18 seconds West, 17.01 feet to a 2"
pipe found; thence along the lands of Robert S. and Louise E.
Blanchard, grantees herein, South 26 degrees 05 minutes 28
seconds West, 150.58 feet; thence through the lands of the
Borough of Topton, grantors herein, the following four (4)
courses and distances;
(1) North 12 degrees 46 minutes 36 seconds East, 58.37 feet;
(2) North 22 degrees 45 minutes 09 seconds East, 31.60 feet;
(3) North 26 degrees 21 minutes 05 seconds East, 65.57 feet;
(4) North 73 degrees 29 minutes 10 seconds East, 20.20 feet to
the TRUE POINT OF BEGINNING.
CONTAINING: 1,930 square feet.
Subject to all covenants and agreements of record.
BEING a portion of the same premises which John J. Leibensperger
and Vertie Mae Leibensberger, his wife, by deed dated December
14, 1949, and recorded in the Office of the Recorder of Deeds in
and for the County of Berks, PA., in Deed Book Volume 1052 Page
246, did grant and convey unto the Borough of Topton, a
Municipal Corporation of the State of Pennsylvania.
A portion of Berks County Tax PIN 546320910811.
(c) Land subject to the imposition of Project 70
restrictions.--The land to be acquired by the Borough of Topton,
Berks County, on which Project 70 restrictions are to be
imposed, is as follows:
ALL THAT CERTAIN tract or parcel of land located north of West
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Weiss Street (54-foot right-of-way) between South Cherry Street
(54-foot right-of-way) and South Callowhill Street (54-foot
right-of-way), situate in the Borough of Topton, County of
Berks, Commonwealth of Pennsylvania, being a portion of the
lands of Robert S. and Louise E. Blanchard to be conveyed to the
Borough of Topton, as shown on and described in accordance with
Lot Conveyance Exhibit, Lands of Robert S. & Louise E. Blanchard
to be Conveyed to the Borough of Topton (EX-2), prepared by
Barry Isett and Associates, Inc., dated January 12, 2017, as
follows:
COMMENCING at the intersection of the westerly right-of-way line
of said South Cherry Street and northerly right-of-way line of
said West Weiss Street; thence along said northerly right-of-way
line of West Weiss Street, as shown on the aforesaid Lot
Conveyance Exhibit, Lands of Robert S. & Louise E. Blanchard to
be Conveyed to the Borough of Topton (EX-2), South 73 degrees 35
minutes 22 seconds West, 374.16 feet to the TRUE POINT OF
BEGINNING of the herein described; thence along said northerly
right-of-way line of said West Weiss Street, South 73 degrees 35
minutes 22 seconds West, 40.98 feet; thence along the lands of
the Borough of Topton, grantees herein, the following two (2)
courses and distances;
(1) North 16 degrees 20 minutes 38 seconds West, 73.72 feet;
(2) North 26 degrees 05 minutes 28 seconds East, passing along
the western terminus of Evergreen Drive (18-foot right-of-way)
at a distance of 133.18 feet, for a total of 196.26 feet; thence
through the aforesaid lands of Robert S. and Louise E.
Blanchard, grantors herein, the following five (5) courses and
distances;
(1) South 12 degrees 46 minutes 36 seconds West, passing
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through said Evergreen Drive at a distance of 32.58 feet, for a
total distance of 100.61 feet;
(2) South 35 degrees 04 minutes 47 seconds West, 30.00 feet;
(3) South 1 degree 32 minutes 33 seconds West, 32.93 feet;
(4) South 21 degrees 22 minutes 03 seconds East, 30.00 feet;
(5) South 3 degrees 30 minutes 41 seconds East, 52.00 feet to
the TRUE POINT OF BEGINNING.
CONTAINING: 6,863 square feet.
Subject to all covenants and agreements of record.
BEING a portion of the same premises which Wayne M. Eltz and
Ruth Eltz, his wife, by deed dated July 28, 1970, and recorded
in the Office of the Recorder of Deeds in and for the County of
Berks, PA., in Deed Book Volume 1570 Page 754, did grant and
convey unto Robert S. Blanchard and Louise E. Blanchard, husband
and wife.
A portion of Berks County Tax PIN 546320912577.
(d) Deed restriction.--The deed of conveyance for the land
described in subsection (c) shall contain the following clause:
This indenture is given to provide land for recreation,
conservation and historical purposes, as said purposes are
defined in the act of June 22, 1964 (Sp.Sess., P.L.131,
No.8), known as the Project 70 Land Acquisition and Borrowing
Act.
SECTION 2. RESTRICTIONS ON PROPERTY OWNED BY THE COMMONWEALTH,
ACTING BY AND THROUGH THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES.
(A) AUTHORIZATION.--UNDER THE REQUIREMENTS OF SECTION 20(B)
OF THE ACT OF JUNE 22, 1964, (SP. SESS., P.L.131, NO.8), KNOWN
AS THE PROJECT 70 LAND ACQUISITION AND BORROWING ACT, THE
GENERAL ASSEMBLY HEREBY AUTHORIZES THE RELEASE OF PROJECT 70
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RESTRICTIONS ON LAND OWNED BY THE COMMONWEALTH, ACTING BY AND
THROUGH THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES,
WHICH IS MORE PARTICULARLY DESCRIBED IN SUBSECTION (B), IN
EXCHANGE FOR THE IMPOSITION OF PROJECT 70 RESTRICTIONS ON LAND,
WHICH IS MORE PARTICULARLY DESCRIBED IN SUBSECTION (C).
(B) LAND TO BE RELEASED FROM PROJECT 70 RESTRICTIONS.--THE
LAND TO BE RELEASED FROM PROJECT 70 RESTRICTIONS IS AS FOLLOWS:
ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN UPPER
UWCHLAN TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, BEING BOUNDED
AND DESCRIBED ACCORDING TO PENNSYLVANIA TURNPIKE COMMISSION PLAN
NO. RW 6018-C, WBS NO. T-308.00T001-4-10, DATED APRIL 20, 2018,
MILEPOST T308.12 TO T308.52, AND AS FOLLOWS TO WIT:
FIRST:
BEGINNING AT A POINT ON THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE
FOR LIMITED ACCESS OF THE GRANTEE AND THE WESTERLY LEGAL RIGHT-
OF-WAY LINE OF STYER ROAD (T-457), SAID POINT BEING LOCATED
100.00 FEET RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 754+71±;
THENCE THROUGH LANDS OF THE GRANTOR AND ALONG THE WESTERLY
LEGAL RIGHT-OF-WAY LINE OF STYER ROAD (T-457), SOUTH 39º45'56"
WEST, 60.26 FEET TO A POINT BEING LOCATED 160.00 FEET, RIGHT OF
AND OPPOSITE SURVEY AND RIGHT-OF-WAY BASELINE STATION 754+77±;
THENCE THROUGH LAND OF THE GRANTOR AND ALONG THE REQUIRED
RIGHT-OF-WAY LINE FOR LIMITED ACCESS THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1. NORTH 44°56'27" WEST, 599.92 FEET TO A POINT BEING
LOCATED 160.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 748+77.00;
2. NORTH 46°49'41" WEST, 607.33 FEET TO A POINT BEING
LOCATED 180.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
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WAY BASELINE STATION 742+70.00;
3. NORTH 44°56'27" WEST, 28.61 FEET TO A POINT ON THE LINE
NOW OR FORMERLY OF THE PENNSYLVANIA TURNPIKE COMMISSION, SAID
POINT BEING LOCATED 180.00 FEET RIGHT OF AND OPPOSITE SURVEY AND
RIGHT-OF-WAY BASELINE STATION 742+41±;
THENCE ALONG LAND NOW OR FORMERLY OF THE PENNSYLVANIA
TURNPIKE COMMISSION THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. NORTH 50°21'47" EAST, 14.32 FEET TO A POINT BEING LOCATED
166 FEET, MORE OR LESS, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-
OF-WAY BASELINE STATION 742+43±;
2. NORTH 28°26'03" EAST, 68.60 FEET TO A POINT ON THE
SOUTHERLY LEGAL RIGHT-OF-WAY LINE FOR LIMITED ACCESS OF THE
GRANTEE, SAID POINT BEING LOCATED 100.00 FEET, MORE OR LESS,
RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY BASELINE STATION
742+23±;
THENCE ALONG THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE FOR
LIMITED ACCESS OF THE GRANTEE, SOUTH 44°56'27" EAST, 1248.27
FEET TO THE POINT OF BEGINNING.
CONTAINING 1.863 ACRES
SECOND:
BEGINNING AT A POINT ON THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE
FOR LIMITED ACCESS OF THE GRANTEE AND THE EASTERLY LEGAL RIGHT-
OF-WAY LINE OF STYER ROAD (T-457), SAID POINT BEING LOCATED
102.02 FEET RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 755+05±;
THENCE ALONG THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE FOR
LIMITED ACCESS OF THE GRANTEE THE FOLLOWING FOUR (4) COURSES AND
DISTANCES:
1. SOUTH 33°37'26" EAST, 40.66 FEET TO A POINT BEING LOCATED
110.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
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BASELINE STATION 755+45±;
2. SOUTH 44°56'27" EAST, 799.40 FEET TO A POINT BEING
LOCATED 110.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 763+44±;
3. SOUTH 56°15'27" EAST, 50.96 FEET TO A POINT BEING LOCATED
100.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 763+94±;
4. SOUTH 44°56'27" EAST, 52.89 FEET TO A POINT ON THE LINE
NOW OR FORMERLY OF ROBIN W. AND JUDY A. REID, SAID POINT BEING
LOCATED 100.00 FEET RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 764+47±;
THENCE ALONG LAND NOW OF FORMERLY OF ROBIN W. AND JUDY A.
REID, SOUTH 14°05'18" WEST, 29.24 FEET TO A POINT BEING LOCATED
125 FEET, MORE OR LESS, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-
OF-WAY BASELINE STATION 764+62±;
THENCE THROUGH LAND OF THE GRANTOR AND ALONG THE REQUIRED
RIGHT-OF-WAY LINE FOR LIMITED ACCESS THE FOLLOWING SIX (6)
COURSES AND DISTANCES:
1. NORTH 75°54'42" WEST, 87.31 FEET TO A POINT BEING LOCATED
170.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 763+87.00;
2. NORTH 44°56'27" WEST, 127.00 FEET TO A POINT BEING
LOCATED 170.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 762+60.00;
3. NORTH 45°03'33" EAST, 10.00 FEET TO A POINT BEING LOCATED
160.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 762+60.00;
4. NORTH 44°56'27" WEST, 295.00 FEET TO A POINT BEING
LOCATED 160.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 759+65.00;
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5. SOUTH 45°03'33" WEST, 5.00 FEET TO A POINT BEING LOCATED
165.00 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 759+65.00;
6. NORTH 44°56'27" WEST, 454.48 FEET TO A POINT ON THE
EASTERLY LEGAL RIGHT-OF-WAY LINE OF STYER ROAD (T-457), SAID
POINT BEING LOCATED 165.00 FEET, RIGHT OF AND OPPOSITE SURVEY
AND RIGHT-OF-WAY BASELINE STATION 755+11±;
THENCE ALONG THE EASTERLY LEGAL RIGHT-OF-WAY LINE OF STYER
ROAD (T-457), NORTH 39°45'56" EAST, 63.25 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.176 ACRES
THIRD:
BEGINNING AT A POINT ON THE REQUIRED RIGHT-OF-WAY LINE FOR
LIMITED ACCESS, SAID POINT BEING LOCATED 160.00 FEET, RIGHT OF
AND OPPOSITE SURVEY AND RIGHT-OF-WAY BASELINE STATION 759+65.00;
THENCE ALONG THE REQUIRED RIGHT-OF-WAY LINE FOR LIMITED
ACCESS, SOUTH 44°56'27" EAST, 65.00 FEET TO A POINT BEING
LOCATED 160 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 760+30;
THENCE THROUGH LAND OF THE GRANTOR THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1. SOUTH 45°03'33" WEST, 50.00 FEET TO A POINT BEING LOCATED
210 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY BASELINE
STATION 760+30;
2. NORTH 44°56'27" WEST, 65.00 FEET TO A POINT BEING LOCATED
210 FEET, RIGHT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY BASELINE
STATION 759+65;
3. NORTH 45°03'33" EAST, 50.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.075 ACRE
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FOURTH:
BEGINNING AT A POINT ON THE NORTHERLY LEGAL RIGHT-OF-WAY LINE
FOR LIMITED ACCESS OF THE GRANTEE AND THE EASTERLY LEGAL RIGHT-
OF-WAY LINE OF STYER ROAD (T-457), SAID POINT BEING LOCATED 100
FEET, MORE OR LESS, LEFT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 754+91±;
THENCE ALONG THE EASTERLY LEGAL RIGHT-OF-WAY LINE OF STYER
ROAD (T-457), BY A CURVE TO THE RIGHT, HAVING A RADIUS OF 533.50
FEET, AN ARC LENGTH OF 43.86 FEET, AND A CHORD BEARING OF NORTH
45°50'56" EAST, A CHORD DISTANCE OF 43.84 FEET TO A POINT BEING
LOCATED 144 FEET, MORE OR LESS, LEFT OF AND OPPOSITE SURVEY AND
RIGHT-OF-WAY BASELINE STATION 754+92±;
THENCE ALONG THE REQUIRED RIGHT-OF-WAY LINE FOR LIMITED
ACCESS AND LAND NOW OR FORMERLY OF JOHN S. AND PATRICIA M.
CASSEL THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1. SOUTH 60°22'50" EAST, 57.19 FEET TO A POINT BEING LOCATED
159 FEET, MORE OR LESS, LEFT OF AND OPPOSITE SURVEY AND RIGHT-
OF-WAY BASELINE STATION 755+47±;
2. NORTH 80°07'06" EAST, 109.81 FEET TO A POINT BEING
LOCATED 249 FEET, MORE OR LESS, LEFT OF AND OPPOSITE SURVEY AND
RIGHT-OF-WAY BASELINE STATION 756+10±;
3. SOUTH 41°47'17" EAST, 201.29 FEET TO A POINT BEING
LOCATED 238 FEET, MORE OR LESS, LEFT OF AND OPPOSITE SURVEY AND
RIGHT-OF-WAY BASELINE STATION 758+11±;
THENCE ALONG THE REQUIRED RIGHT-OF-WAY LINE FOR LIMITED
ACCESS, LAND NOW OR FORMERLY OF JOHN S. AND PATRICIA M. CASSEL,
LAND NOW OR FORMERLY OF WILLIAM M. AND KATHLEEN A. KALKBRENNER,
AND LAND NOW OR FORMERLY OF NELSON L. AND KIMBERLY D. LUCAS-
MURPHY, SOUTH 16°06'07" EAST, 265.12 FEET TO A POINT ON THE
NORTHERLY LEGAL RIGHT-OF-WAY LINE OF THE GRANTEE, SAID POINT
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BEING LOCATED 110 FEET, MORE OR LESS, LEFT OF AND OPPOSITE
SURVEY AND RIGHT-OF-WAY BASELINE STATION 760+43±;
THENCE ALONG THE NORTHERLY LEGAL RIGHT-OF-WAY LINE FOR
LIMITED ACCESS OF THE GRANTEE THE FOLLOWING THREE (3) COURSES
AND DISTANCES:
1. NORTH 44°56'27" WEST, 348.56 FEET TO A POINT BEING
LOCATED 110.00 FEET, LEFT OF AND OPPOSITE SURVEY AND RIGHT-OF-
WAY BASELINE STATION 756+94±;
2. NORTH 56°15'27" WEST, 50.96 FEET TO A POINT BEING LOCATED
100.00 FEET, LEFT OF AND OPPOSITE SURVEY AND RIGHT-OF-WAY
BASELINE STATION 756+44±;
3. NORTH 44°56'27" WEST, 153.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.186 ACRES
BEING PORTIONS OF THE SAME PROPERTIES THAT THE CHESTER COUNTY
WATER RESOURCES AUTHORITY, BY ITS DEED DATED NOVEMBER 7, 1969
AND RECORDED NOVEMBER 7, 1969, IN THE RECORDER OF DEEDS OFFICE
IN AND FOR CHESTER COUNTY, PENNSYLVANIA, IN DEED BOOK C39, PAGE
290, AND ITS DEED DATED FEBRUARY 20, 1978 AND RECORDED FEBRUARY
20, 1978, IN THE RECORDER OF DEEDS OFFICE IN AND FOR CHESTER
COUNTY, PENNSYLVANIA, IN DEED BOOK M52, PAGE 300, GRANTED AND
CONVEYED UNTO THE COMMONWEALTH OF PENNSYLVANIA.
(C) LAND SUBJECT TO THE IMPOSITION OF PROJECT 70
RESTRICTIONS.--THE LAND TO BE ACQUIRED BY THE COMMONWEALTH,
ACTING BY AND THROUGH THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES, ON WHICH PROJECT 70 RESTRICTIONS ARE TO BE IMPOSED,
IS AS FOLLOWS:
ALL THAT CERTAIN PARCEL OF LAND SITUATED IN WALLACE TOWNSHIP,
CHESTER COUNTY, PENNSYLVANIA, BEING A PART OF UPI 31-4-145,
BEING A TURNPIKE MITIGATION AREA ACCORDING TO A NEW SURVEY
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THEREOF AS SHOWN ON A PLAN OF PROPERTY BOUNDARY SURVEY FOR
NATURAL LANDS, PREPARED BY BEIDEMAN ASSOCIATES, GLENMOORE,
PENNSYLVANIA, DATED FEBRUARY 22, 2018, AND BEING MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERIOR POINT, A CORNER OF A
COUNTY/STATE/HIGHLANDS FUNDING AREA, AND ON LINE OF LAND OF THE
COMMONWEALTH OF PENNSYLVANIA (UPI 31-4-146); WHICH INTERIOR
POINT OF BEGINNING IS LOCATED AS FOLLOWS FROM THE POINT OF
INTERSECTION OF THE TITLE LINE IN MARSHALL ROAD (S.R. 4033) AND
THE TITLE LINE IN CHALFONT ROAD (T-423), BEING AT THE
INTERSECTION OF LITTLE CONESTOGA ROAD (S.R. 4016) EXTENDING TO
THE NORTH AND EAST, MARSHALL ROAD EXTENDING TO THE WEST, AND
CHALFONT ROAD EXTENDING TO THE SOUTH; COMMENCING THENCE ALONG
THE TITLE LINE IN CHALFONT ROAD AND ALONG THE CHARLES ANDREWS
SUBDIVISION RECORDED IN PLAN BOOK 56 PAGE 13, THE THREE (3)
FOLLOWING COURSES AND DISTANCES: 1) SOUTH 14 DEGREES 34 MINUTES
31 SECONDS EAST 585.32 FEET TO A POINT; 2) CROSSING THROUGH THE
ANDREWS LANE INTERSECTION, SOUTH 20 DEGREES 24 MINUTES 31
SECONDS 369.89 EAST FEET TO A POINT; AND 3) SOUTH 30 DEGREES 30
MINUTES 31 SECONDS EAST 363.53 FEET TO A POINT; THENCE
CONTINUING ALONG THE TITLE LINE IN CHALFONT ROAD AND ALONG THE
CHALFONT-ST. GILES SUBDIVISION RECORDED AS PLAN NUMBER 13270,
CROSSING THROUGH THE WATERVIEW DRIVE INTERSECTION, SOUTH 21
DEGREES 33 MINUTES 32 SECONDS EAST 411.98 FEET TO A POINT, A
CORNER OF LAND OF THE COMMONWEALTH OF PENNSYLVANIA (UPI 31-4-
146); THENCE LEAVING CHALFONT ROAD AND ALONG SAID LAND OF THE
COMMONWEALTH OF PENNSYLVANIA, SOUTH 44 DEGREES 35 MINUTES 45
SECONDS WEST 65.60 FEET TO A CORNER OF THE HEREIN DESCRIBED
TURNPIKE MITIGATION AREA, AN INTERIOR POINT AND THE TRUE POINT
OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING, ALONG
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SAID LAND OF THE COMMONWEALTH OF PENNSYLVANIA, CROSSING A
COPPERWELD FOUND AT A DISTANCE OF 19.24 FEET, SOUTH 44 DEGREES
35 MINUTES 45 SECONDS WEST A TOTAL DISTANCE OF 1165.92 FEET TO A
CONCRETE MONUMENT FOUND AT A CORNER OF LAND OF PHILADELPHIA
SUBURBAN WATER COMPANY, NOW AQUA PENNSYLVANIA, INC. (UPI 31-4-
143); THENCE ALONG SAID LAND, NORTH 38 DEGREES 22 MINUTES 44
SECONDS WEST 183.64 FEET TO A CORNER OF THE AFOREMENTIONED
COUNTY/STATE/HIGHLANDS FUNDING AREA; THENCE THROUGH UPI 31-4-145
OF WHICH THIS IS A PART, AND ALONG THE COUNTY/STATE/HIGHLANDS
FUNDING AREA, NORTH 44 DEGREES 35 MINUTES 45 SECONDS EAST
1224.02 FEET TO A POINT; THENCE ALONG THE SAME, SOUTH 21 DEGREES
33 MINUTES 32 SECONDS EAST 199.27 FEET TO THE POINT OF
BEGINNING.
CONTAINING 5.000 ACRES OF LAND BE THE SAME MORE OR LESS.
BEING PART OF UPI NUMBER 31-4-145.
BEING A PART OF THE SAME PREMISES WHICH DEKAMODO INVESTMENT
PARTNERSHIP, L.P., BY DEED DATED DECEMBER 19, 2017, AND RECORDED
DECEMBER 29, 2017, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND
FOR THE COUNTY OF CHESTER, PENNSYLVANIA, IN RECORD BOOK 9675
PAGE 243, GRANTED AND CONVEYED TO NATURAL LANDS TRUST, A
PENNSYLVANIA NON-PROFIT CORPORATION.
(D) CLAUSE.--PROJECT 70 RESTRICTIONS SHALL BE IMPOSED ON THE
LANDS DESCRIBED IN SUBSECTION (C) BY THE FOLLOWING DEED CLAUSE:
THIS LAND TO BE USED FOR PARK, RECREATION, AND CONSERVATION
PURPOSES IN ACCORDANCE WITH PROVISIONS OF THE ACT OF JUNE 22,
1964 (SP. SESS., P.L. 131, NO. 8), KNOWN AS THE PROJECT 70 LAND
ACQUISITION AND BORROWING ACT.
SECTION 3. EASEMENTS.
THE CONVEYANCES DESCRIBED IN SECTION 2 SHALL BE SUBJECT TO
ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND RIGHTS OF
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OTHERS, INCLUDING BUT NOT CONFINED TO STREETS, ROADWAYS AND
RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR
PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL
AND ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD PERSONS
APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS
ERECTED THEREON.
SECTION 4. LANDS TO BE TRANSFERRED TO WHITEHALL TOWNSHIP,
LEHIGH COUNTY.
(A) AUTHORIZATION.--UNDER THE REQUIREMENTS OF SECTION 20(B)
OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.131, NO.8), KNOWN AS
THE PROJECT 70 LAND ACQUISITION AND BORROWING ACT, THE GENERAL
ASSEMBLY HEREBY AUTHORIZES THE TRANSFER OF THE TITLE FOR A
PORTION OF THE PROJECT 70 LANDS OWNED BY LEHIGH COUNTY, KNOWN AS
THE JORDAN CREEK PARKWAY, WHICH ARE MORE PARTICULARLY DESCRIBED
IN SUBSECTION (C), TO WHITEHALL TOWNSHIP, LEHIGH COUNTY.
(B) PROJECT 70 RESTRICTIONS.--THE LANDS DESCRIBED IN
SUBSECTION (C) SHALL BE TRANSFERRED WITH ALL EXISTING
RESTRICTIONS CURRENTLY IMPOSED BY THE PROJECT 70 LAND
ACQUISITION AND BORROWING ACT UPON CONVEYANCE OF THE LANDS TO
WHITEHALL TOWNSHIP, LEHIGH COUNTY.
(C) PROPERTY DESCRIPTION.--THE PARCELS OF LAND TO BE
TRANSFERRED WITH EXISTING PROJECT 70 RESTRICTIONS ARE LOCATED IN
WHITEHALL TOWNSHIP, LEHIGH COUNTY, AND ARE MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
(1) PARCEL 45.
ALL THAT CERTAIN TRACT OF LAND LOCATED ALONG JORDAN CREEK NORTH
OF PENNSYLVANIA STATE HIGHWAY (U.S. ROUTE 22, L.R. 771) IN THE
SECOND WARD OF THE TOWNSHIP OF WHITEHALL, COUNTY OF LEHIGH AND
COMMONWEALTH OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS
FOLLOWS:
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BEGINNING AT A POINT IN THE LINE DIVIDING LANDS NOW OR LATE OF
MICHAEL PUCHYR AND MARY PUCHYR, HUSBAND AND WIFE, AND D.S.
SAUSMAN ENTERPRISES, INC., AND IN THE NORTHERN RIGHT-OF-WAY LINE
OF PENNSYLVANIA STATE HIGHWAY (U.S. ROUTE 22, L.R. 771), THENCE
ALONG SAID RIGHT-OF-WAY LINE SOUTH 72 DEGREES 02 MINUTES 55
SECONDS WEST, 261.96 FEET, CROSSING JORDAN CREEK TO A POINT,
THENCE ALONG LAND NOW OR LATE OF THE TOWNSHIP OF WHITEHALL,
NORTH 0 DEGREES 21 MINUTES 45 SECONDS WEST, 96.77 FEET TO A
POINT, THENCE ALONG LANDS NOW OR LATE OF HORACE E. MCCREADY AND
RUTH A. MCCREADY, HUSBAND AND WIFE, AND IN AND ALONG JORDAN
CREEK THE THREE (3) FOLLOWING COURSES AND DISTANCES:
1. NORTH 12 DEGREES 40 MINUTES 45 SECONDS WEST, 455.00
FEET TO A POINT,
2. NORTH 5 DEGREES 34 MINUTES 15 SECONDS EAST, 220.00
FEET TO A POINT, AND
3. NORTH 22 DEGREES 39 MINUTES 20 SECONDS EAST, 1270.69
FEET TO A POINT,
THENCE ALONG LAND NOW OR LATE OF RICHARD J. DEPPE, SOUTH 78
DEGREES 19 MINUTES 33 SECONDS EAST, 226.30 FEET TO A POINT,
THENCE ALONG OTHER LAND NOW OR LATE OF MICHAEL PUCHYR, SOUTH 11
DEGREES 40 MINUTES 27 SECONDS WEST, 85.00 FEET TO A POINT,
THENCE IN AND THROUGH LAND NOW OR LATE OF MICHAEL PUCHYR AND
MARY PUCHYR, HUSBAND AND WIFE, THE FOUR (4) FOLLOWING COURSES
AND DISTANCES:
1. NORTH 78 DEGREES 19 MINUTES 33 SECONDS WEST, 70.00
FEET TO A POINT,
2. SOUTH 20 DEGREES 39 MINUTES 07 SECONDS WEST, 1208.42
FEET TO A POINT,
3. SOUTH 4 DEGREES 17 MINUTES 20 SECONDS WEST, 160.45
FEET TO A POINT, AND
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4. SOUTH 13 DEGREES 06 MINUTES 10 SECONDS EAST, 110.59
FEET TO AN IRON PIPE,
THENCE ALONG LAND NOW OR LATE OF D.S. SAUSMAN ENTERPRISES, INC.,
THE TWO (2) FOLLOWING COURSES AND DISTANCES:
1. BY A CURVE TO THE LEFT WITH A RADIUS OF 250.00 FEET
FOR A DISTANCE OF 23.81 FEET TO AN IRON PIPE,
2. SOUTH 17 DEGREES 57 MINUTES 05 SECONDS EAST, 334.54
FEET TO THE PLACE OF BEGINNING.
CONTAINING 9.15792 ACRES
(2) PARCEL 46.
ALL THAT CERTAIN TRACT OF LAND LOCATED IN THE SECOND WARD OF THE
TOWNSHIP OF WHITEHALL, COUNTY OF LEHIGH AND COMMONWEALTH OF
PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE SOUTHERN LINE OF LAND NOW OR LATE OF
R.L. HUNSICKER AND IN THE EASTERN LINE OF MICKLEY ROAD (T 862
THIRTY-THREE FEET WIDE) THENCE ALONG THE SOUTHERN LINE OF LAND
NOW OR LATE OF R.L. HUNSICKER SOUTH 68 DEGREES 53 MINUTES 50
SECONDS EAST, 164.40 FEET TO A POINT, THENCE IN JORDAN CREEK AND
ALONG LAND NOW OR LATE OF RICHARD J. DEPPE SOUTH 1 DEGREE 09
MINUTES 18 SECONDS WEST, 33.17 FEET TO A POINT, THENCE IN JORDAN
CREEK AND ALONG LAND NOW OR LATE OF MICHAEL PUCHYR THE THREE (3)
FOLLOWING COURSES AND DISTANCES:
1. SOUTH 22 DEGREES 39 MINUTES 20 SECONDS WEST, 1270.69
FEET TO A POINT,
2. SOUTH 5 DEGREES 34 MINUTES 15 SECONDS WEST, 220.00
FEET TO A POINT, AND
3. SOUTH 12 DEGREES 40 MINUTES 45 SECONDS EAST, 455.00
FEET TO A POINT.
THENCE ALONG LAND OF TOWNSHIP OF WHITEHALL NORTH 59 DEGREES 49
MINUTES 05 SECONDS WEST, 462.01 FEET TO A POINT, THENCE ALONG
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LAND NOW OR LATE OF WALTER D. JENKINS THE TWO (2) FOLLOWING
COURSES AND DISTANCES:
1. NORTH 0 DEGREES 04 MINUTES 05 SECONDS WEST, 255.83
FEET TO A POINT, AND
2. NORTH 77 DEGREES 25 MINUTES 05 SECONDS WEST, 194.73
FEET TO A POINT,
THENCE IN AND THROUGH LAND NOW OR LATE OF HORACE W. MCCREADY AND
RUTH A. MCCREADY, HUSBAND AND WIFE, AND ALONG THE EASTERN SIDE
OF MICKLEY ROAD (T862) THE EIGHT (8) FOLLOWING COURSES AND
DISTANCES:
1. NORTH 33 DEGREES 28 MINUTES 20 SECONDS EAST, 213.75
FEET TO A POINT,
2. BY A CURVE TO THE RIGHT WITH A RADIUS OF 823.03 FEET
FOR A DISTANCE OF 252.88 FEET TO A POINT,
3. NORTH 51 DEGREES 04 MINUTES 36 SECONDS EAST, 23.73
FEET TO A POINT,
4. BY A CURVE TO THE LEFT WITH A RADIUS OF 712.85 FEET
FOR A DISTANCE OF 102.20 FEET TO A POINT,
5. NORTH 42 DEGREES 51 MINUTES 45 SECONDS EAST, 163.14
FEET TO A POINT,
6. BY A CURVE TO THE LEFT WITH A RADIUS OF 660.83 FEET
FOR A DISTANCE OF 263.13 FEET TO A POINT,
7. NORTH 20 DEGREES 02 MINUTES 45 SECONDS EAST, 594.61
FEET TO A POINT, AND
8. NORTH 19 DEGREES 10 MINUTES 45 SECONDS EAST, 49.70
FEET TO THE PLACE OF BEGINNING.
CONTAINING 10.97075 ACRES.
(D) EXISTING RESTRICTIONS.--THE FOLLOWING RESTRICTIONS SHALL
REMAIN IN THE DEEDS OF CONVEYANCE FOR THE LANDS DESCRIBED IN
SUBSECTION (C): THIS INDENTURE IS GIVEN TO PROVIDE LAND FOR
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RECREATION, CONSERVATION AND HISTORICAL PURPOSES, AS SAID
PURPOSES ARE DEFINED IN THE ACT OF JUNE 22, 1964 (SP.SESS.,
P.L.131, NO.8), KNOWN AS THE PROJECT 70 LAND ACQUISITION AND
BORROWING ACT.
SECTION 5. CONVEYANCE IN STROUD TOWNSHIP, MONROE COUNTY.
(A) AUTHORIZATION FOR CONVEYANCE.--THE DEPARTMENT OF GENERAL
SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF MILITARY AND
VETERANS AFFAIRS AND THE GOVERNOR, IS AUTHORIZED ON BEHALF OF
THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO MONROE
COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY, OR ITS SUCCESSORS
OR ASSIGNS, THE TRACT OF LAND DESCRIBED UNDER SUBSECTION (B)
TOGETHER WITH ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS THEREON,
SITUATE IN STROUD TOWNSHIP, MONROE COUNTY, FOR $45,000 AND UNDER
TERMS AND CONDITIONS TO BE ESTABLISHED IN A LEASE WITH THE
OPTION TO PURCHASE AGREEMENT WITH THE DEPARTMENT OF GENERAL
SERVICES.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER
SUBSECTION (A) CONSISTS OF APPROXIMATELY 10.01 ACRES OF LAND AND
ANCILLARY BUILDINGS LOCATED THEREON, BOUNDED AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT, PARCEL OR PIECE OF LAND SITUATE IN
THE TOWNSHIP OF STROUD, COUNTY OF MONROE AND STATE OF
PENNSYLVANIA, BOUNDED AND DESCRIBED AS WIT:
BEGINNING AT A POINT NEAR THE MIDDLE OF THE STATE ROAD
LEADING FROM SHAFERS SCHOOL HOUSE TO N/F WIGWAM PARK; THENCE
ALONG THE NORTHEASTERLY SIDE OF A TOWNSHIP ROAD (BEARING FROM
THE M.M. OF 1961) SOUTH 85 DEGREES 20 MINUTES WEST (AT 62.79
FEET PASSING AN IRON PIPE) 1089.67 FEET TO AN IRON PIPE; THENCE
BY OTHER LANDS OF N/F MARION C. BRISLIN, OF WHICH THIS TRACT WAS
FORMERLY A PART, NORTH 29 DEGREES 43 MINUTES 5 SECONDS WEST 345
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FEET TO AN IRON PIPE; THENCE BY THE SAME, NORTH 82 DEGREES 9
MINUTES 15 SECONDS EAST (AT 1347.74 FEET PASSING AN ARC PIPE)
1371.73 FEET TO A POINT NEAR THE MIDDLE OF SAID STATE ROAD;
THENCE AVERAGING THE MIDDLE OF SAID STATE ROAD, SOUTH 4 DEGREES
31 MINUTES WEST 196.80 FEET TO A POINT; THENCE BY THE SAME,
SOUTH 23 DEGREES 7 MINUTES 40 SECONDS WEST 219.69 FEET TO THE
PLACE OF BEGINNING.
CONTAINING 10.01 ACRES, MORE OR LESS.
BEING PARCEL ID NO: 17638000962284.
BEING THE SAME PREMISES CONVEYED FROM MARION C. BRISLIN,
WIDOW, TO THE COMMONWEALTH OF PENNSYLVANIA, BY DEED DATED
DECEMBER 12, 1962, RECORDED IN THE MONROE COUNTY RECORDER OF
DEEDS OFFICE IN DEED BOOK 308, PAGE 996.
(C) EASEMENTS.--THE CONVEYANCE SHALL BE MADE UNDER AND
SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
RIGHTS OF OTHERS INCLUDING, BUT NOT CONFINED TO, STREETS,
ROADWAYS AND RIGHTS OF TELEPHONE, TELEGRAPH, WATER, ELECTRIC,
GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO
LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD
PERSONS APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR
IMPROVEMENTS ERECTED THEREON.
(D) CONDITION.--THE CONVEYANCE SHALL BE MADE UNDER AND
SUBJECT TO THE CONDITION, WHICH SHALL BE CONTAINED IN THE DEED
OF CONVEYANCE, THAT NO PORTION OF THE PROPERTY CONVEYED MAY BE
USED AS A LICENSED FACILITY, AS DEFINED IN 4 PA.C.S. § 1103
(RELATING TO DEFINITIONS), OR ANY OTHER SIMILAR TYPE OF FACILITY
AUTHORIZED UNDER STATE LAW. THE CONDITION SHALL BE A COVENANT
RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE GRANTEE, ITS
SUCCESSORS AND ASSIGNS. SHOULD THE GRANTEE, ITS SUCCESSORS OR
ASSIGNS PERMIT ANY PORTION OF THE PROPERTY AUTHORIZED TO BE
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CONVEYED IN THIS SECTION TO BE USED IN VIOLATION OF THIS
SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT TO AND REVEST IN
THE GRANTOR.
(E) DEED.--THE DEED OF CONVEYANCE SHALL BE BY SPECIAL
WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE
CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
(G) PROCEEDS OF SALE.--THE PROCEEDS FROM THE SALE SHALL BE
DEPOSITED IN THE STATE TREASURY ARMORY FUND.
(H) ALTERNATIVE DISPOSITION.--IN THE EVENT THAT THE
CONVEYANCE IS NOT EXECUTED PER THE TERMS AND CONDITIONS AS
ESTABLISHED IN THE LEASE WITH THE OPTION TO PURCHASE AGREEMENT
WITH THE DEPARTMENT OF GENERAL SERVICES, THE PROPERTY MAY BE
DISPOSED OF BY COMPETITIVE BID.
SECTION 6. EASEMENTS BY THE DEPARTMENT OF GENERAL SERVICES AND
EAST STROUDSBURG UNIVERSITY.
(A) EASEMENTS BY THE DEPARTMENT OF GENERAL SERVICES.--THE
DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
GOVERNOR, IS AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
PENNSYLVANIA TO GRANT AND CONVEY TO EAST STROUDSBURG BOROUGH A
CERTAIN PERMANENT PUBLIC SANITARY SEWER EASEMENT AND CERTAIN
PERMANENT PUBLIC WATER SUPPLY SYSTEM EASEMENTS, SITUATE IN EAST
STROUDSBURG BOROUGH, MONROE COUNTY AND DESCRIBED UNDER
SUBSECTION (B), FOR $1.00, FOR THE PURPOSE OF ACCESS TO, AND
OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, PROTECTION AND
SECURITY OF, A SANITARY SEWER LINE, TWO WATER WELLS AND
APPURTENANT FACILITIES, UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN SEPARATE EASEMENT AGREEMENTS.
(B) DESCRIPTION OF EASEMENTS BY THE DEPARTMENT OF GENERAL
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SERVICES.--THE EASEMENTS TO BE CONVEYED UNDER SUBSECTION (A) ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PUBLIC SANITARY SEWER EASEMENT
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, PENNSYLVANIA, AS
SHOWN ON DRAWING V0301, DATED NOVEMBER 9, 2017, TITLED "SANITARY
SEWER EASEMENT," PREPARED BY PENNONI ASSOCIATES, INC., 672 NORTH
RIVER STREET, SUITE 313, PLAINS, PENNSYLVANIA, 18705, BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
SMITH STREET, SAID POINT BEING NORTH 36°09'53" WEST A DISTANCE
OF 437.06 FEET AND NORTH 36°52'18" WEST A DISTANCE OF 197.18
FEET FROM THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF
SMITH STREET AND THE NORTHERLY RIGHT-OF-WAY LINE OF NORMAL
STREET:
THENCE THROUGH LANDS OF THE GENERAL STATE AUTHORITY (EAST
STROUDSBURG UNIVERSITY), SOUTH 49°57'11" WEST A DISTANCE OF
65.13 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 48°11'17" WEST A DISTANCE OF
95.28 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 49° 09'34" WEST A DISTANCE OF
192.12 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 08°04'19" WEST A DISTANCE OF
15.69 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 75°50'35" WEST A DISTANCE OF
90.82 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 15°02'09" WEST A DISTANCE OF
207.96 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 02°06'53" WEST A DISTANCE OF
107.22 FEET TO A POINT;
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THENCE THROUGH THE SAME, SOUTH 31°49'57" EAST A DISTANCE OF
75.12 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 33°20'32" EAST A DISTANCE OF
309.67 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
NORMAL STREET;
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF NORMAL
STREET, SOUTH 86°40'12" WEST A DISTANCE OF 25.41 FEET TO A
POINT;
THENCE THROUGH LANDS OF THE GENERAL STATE AUTHORITY (EAST
STROUDSBURG UNIVERSITY), NORTH 33°20'32" WEST A DISTANCE OF
297.25 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 31°49'57" WEST A DISTANCE OF
33.93 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 79°47'33" WEST A DISTANCE OF
20.55 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
ISABELLE STREET (A PRIVATE STREET);
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF ISABELLE
STREET, NORTH 33°20'32" WEST A DISTANCE OF 23.92 FEET TO A
POINT;
THENCE THROUGH LANDS OF THE GENERAL STATE AUTHORITY, NORTH
79°47'33" EAST A DISTANCE OF 21.23 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 31°49'57" WEST A DISTANCE OF
24.53 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 02°06'53" EAST A DISTANCE OF
116.43 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 15°02'09" EAST A DISTANCE OF
232.12 FEET TO A POINT;
THENCE THROUGH THE SAME, SOUTH 75°50'35" EAST A DISTANCE OF
88.44 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 49°09'34" EAST A DISTANCE OF
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199.53 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 48°11'17" EAST A DISTANCE OF
94.93 FEET TO A POINT;
THENCE THROUGH THE SAME, NORTH 49°57'11" EAST A DISTANCE OF
67.19' TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SMITH
STREET;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SMITH STREET,
SOUTH 36°52'18" EAST A DISTANCE OF 22.02 FEET TO A POINT, THE
PLACE OF BEGINNING.
CONTAINING A TOTAL AREA OF 26,162.32 SQUARE FEET OR 0.60
ACRES OF LAND, MORE OR LESS.
BEING ALL OF A 22' WIDE SANITARY SEWER EASEMENT CENTERED ON
THE EXISTING SANITARY SEWER LINE RUNNING FROM A MANHOLE LOCATED
ALONG SMITH STREET TO A MANHOLE LOCATED ALONG ISABELLE STREET.
BEING A PORTION OF THAT PROPERTY ACQUIRED BY THE GENERAL
STATE AUTHORITY (A PREDECESSOR OF THE DEPARTMENT OF GENERAL
SERVICES) BY DEED DATED JUNE 26, 1959 AND RECORDED AT THE OFFICE
OF THE RECORDER OF DEEDS OF MONROE COUNTY AT BOOK 255 PAGE 292.
BEING A PORTION OF TAX PARCEL NO. 05-2/1/6/8-1.
DEPARTMENT OF GENERAL SERVICES PUBLIC WATER SUPPLY SYSTEM
EASEMENT NO. 1
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "DGS WATER EASEMENT NO. 1" ON A PLAN
ENTITLED "DGS WATER EASEMENTS NO.'S 1, 2, 3 & 4" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SMITH STREET,
SAID POINT BEING NORTH 35° 58' 34" WEST A DISTANCE OF 180.87
FEET FROM THE INTERSECTION OF THE EASTERLY LINE OF SMITH STREET
AND THE NORTHERLY LINE OF EMERSON DRIVE; THENCE ALONG SAID SMITH
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STREET, NORTH 35° 58' 34" WEST A DISTANCE OF 25.00 FEET TO A
POINT; THENCE EXTENDING THROUGH LANDS OF THE GENERAL STATE
AUTHORITY AS RECORDED IN DEED BOOK 346 PAGE 116 PARCEL NO. 3,
THE FOLLOWING SEVEN (7) COURSES AND DISTANCES:
(1) NORTH 53° 59' 00" EAST A DISTANCE OF 78.14 FEET TO A
POINT;
(2) NORTH 52° 05' 05" EAST A DISTANCE OF 236.96 FEET TO A
POINT;
(3) NORTH 35° 34' 25" WEST A DISTANCE OF 41.61 FEET TO A
POINT;
(4) NORTH 55° 48' 03" EAST A DISTANCE OF 36.50 FEET TO A
POINT;
(5) NORTH 35° 33' 13" WEST A DISTANCE OF 170.70 FEET TO A
POINT;
(6) NORTH 82° 02' 59" WEST A DISTANCE OF 11.29 FEET TO A
POINT;
(7) NORTH 37° 02' 59" WEST A DISTANCE OF 153.80 FEET TO A
POINT;
THENCE ALONG AN UNIMPROVED AND UNOPENED ROAD AND LANDS OF
EAST STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION AS RECORDED IN RECORD BOOK 2237 PAGE 7793 AND RECORD
BOOK 2129 PAGE 3153, AND AN UNNAMED TWELVE-FOOT ALLEY, NORTH 53°
40' 24" EAST A DISTANCE OF 172.87 FEET TO A POINT; THENCE
EXTENDING THROUGH LANDS OF THE GENERAL STATE AUTHORITY, THE
FOLLOWING TWELVE (12) COURSES AND DISTANCES:
(1) SOUTH 36° 03' 17" EAST A DISTANCE OF 20.00 FEET TO A
POINT;
(2) SOUTH 53° 40' 24" WEST A DISTANCE OF 157.52 FEET TO A
POINT;
(3) SOUTH 37° 02' 59" EAST A DISTANCE OF 126.54 FEET TO A
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POINT;
(4) NORTH 54° 26' 47" EAST A DISTANCE OF 18.38 FEET TO A
POINT;
(5) SOUTH 35° 33' 13" EAST A DISTANCE OF 170.10 FEET TO A
POINT;
(6) SOUTH 34° 46' 08" EAST A DISTANCE OF 43.96 FEET TO A
POINT;
(7) SOUTH 55° 02' 08" WEST A DISTANCE OF 4.09 FEET TO A
POINT;
(8) SOUTH 34° 57' 52" EAST A DISTANCE OF 25.97 FEET TO A
POINT;
(9) SOUTH 54° 45' 58" WEST A DISTANCE OF 17.09 FEET TO A
POINT;
(10) SOUTH 35° 43' 23" EAST A DISTANCE OF 19.91 FEET TO A
POINT;
(11) SOUTH 54° 09' 00" WEST A DISTANCE OF 203.56 FEET TO A
POINT;
(12) SOUTH 53° 59' 00" WEST A DISTANCE OF 150.65 FEET TO A
POINT ON THE EASTERLY LINE OF SMITH STREET, THE PLACE OF
BEGINNING.
CONTAINING AN AREA OF 22,917 SQUARE FEET OR 0.53 ACRES.
BEING PART OF THE SAME PREMISES ACQUIRED BY THE GENERAL STATE
AUTHORITY BY DECLARATION OF TAKING FILED AT THE COURT OF COMMON
PLEAS OF MONROE COUNTY AT DOCKET NO. 98 FEBRUARY TERM 1967 AND
RECORDED AT THE MONROE COUNTY RECORDER OF DEEDS OFFICE AT DEED
BOOK 346 PAGE 116, PARCEL NO. 3, KNOWN AS TAX PARCEL NO. 05-
1/4/1/29. THE DEPARTMENT OF GENERAL SERVICES IS THE SUCCESSOR TO
THE GENERAL STATE AUTHORITY PURSUANT TO ACT 45 OF 1975.
DEPARTMENT OF GENERAL SERVICES PUBLIC WATER SUPPLY SYSTEM
EASEMENT NO. 2 (WELLHEAD PROTECTION ZONE, WELL NO. 1)
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "DGS WATER EASEMENT NO. 2" ON A PLAN
ENTITLED "DGS WATER EASEMENTS NO.'S 1, 2, 3 & 4" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF EAST STROUDSBURG BOROUGH WELL #1
HAVING STATE PLANE COORDINATES (NAD 83 PA NORTH ZONE) NORTHING
313,358.9433 EASTING 2,681,023.4318; SAID WELL NO. 1 BEING NORTH
56° 04' 07" EAST, A DISTANCE OF 216.10 FEET FROM A CONCRETE
MONUMENT HAVING STATE PLANE COORDINATES (NAD 83 PA NORTH ZONE)
OF NORTHING 313,238.3145 EASTING 2,680,844.1287 AND MARKING THE
SOUTHEASTERLY CORNER OF LANDS OF EAST STROUDSBURG UNIVERSITY OF
THE STATE SYSTEM OF HIGHER EDUCATION AS RECORDED IN RECORD BOOK
1952, PAGE 435; THENCE FROM SAID POINT OF BEGINNING IN A CIRCLE
HAVING A RADIUS OF 200 FEET. SAID WELL HEAD PROTECTION AREA
SHALL ENCOMPASS ALL THE AREA OF THE CIRCLE.
EXCEPTING THEREFROM, ANY PORTION OVER LANDS OF GIANFRANCO
FOCARELLI, AS RECORDED IN RECORD BOOK 1273, PAGE 312, THE AREA
DEPICTED AS "UNORDAINED ROAD" ON THE PLAN ENTITLED "DGS WATER
EASEMENTS NO.'S 1, 2, 3 & 4" PREPARED BY RKR HESS, DATED APRIL
11, 2018, AND EXCEPTING ANY PORTION OVER LANDS OF EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER EDUCATION
AS RECORDED IN RECORD BOOK 2129, PAGE 3153, RECORD BOOK 2237
PAGE 7793, AND RECORD BOOK 2170 PAGE 9641.
CONTAINING AN AREA OF 118,908 SQUARE FEET OR 2.73 ACRES.
BEING PART OF THE SAME PREMISES ACQUIRED BY THE GENERAL STATE
AUTHORITY BY DECLARATION OF TAKING FILED AT THE COURT OF COMMON
PLEAS OF MONROE COUNTY AT DOCKET NO. 98 FEBRUARY TERM 1967 AND
RECORDED AT THE MONROE COUNTY RECORDER OF DEEDS OFFICE AT DEED
BOOK 346 PAGE 116, PARCEL NO. 3, KNOWN AS TAX PARCEL NO. 05-
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1/4/1/29. THE DEPARTMENT OF GENERAL SERVICES IS THE SUCCESSOR TO
THE GENERAL STATE AUTHORITY PURSUANT TO ACT 45 OF 1975.
DEPARTMENT OF GENERAL SERVICES PUBLIC WATER SUPPLY SYSTEM
EASEMENT NO. 3
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED "DGS WATER EASEMENT NO. 3" ON A PLAN
ENTITLED "DGS WATER EASEMENTS NO.'S 1, 2, 3 & 4" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SMITH STREET,
SAID POINT BEING NORTH 35° 58' 34" WEST A DISTANCE OF 479.65
FEET FROM THE INTERSECTION OF THE WESTERLY LINE OF SMITH STREET
AND THE NORTHERLY LINE OF BROWN STREET; THENCE BY LANDS OF THE
COMMONWEALTH OF PENNSYLVANIA AS RECORDED IN RECORD BOOK 1725
PAGE 1757, TRACT 57, THE FOLLOWING NINE (9) COURSES AND
DISTANCES:
(1) SOUTH 48° 31' 26" WEST A DISTANCE OF 585.25 FEET TO A
POINT;
(2) SOUTH 39° 57' 55" EAST A DISTANCE OF 6.33 FEET TO A
POINT;
(3) SOUTH 46° 17' 01" WEST A DISTANCE OF 114.22 FEET TO A
POINT;
(4) SOUTH 48° 25' 52" WEST A DISTANCE OF 143.75 FEET TO A
POINT;
(5) SOUTH 51° 42' 42" WEST A DISTANCE OF 70.89 FEET TO A
POINT;
(6) SOUTH 38° 42' 41" EAST A DISTANCE OF 22.93 FEET TO A
POINT;
(7) SOUTH 51° 17' 19" WEST A DISTANCE OF 36.34 FEET TO A
POINT;
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(8) SOUTH 38° 42' 41" EAST A DISTANCE OF 21.65 FEET TO A
POINT;
(9) SOUTH 49° 09' 16" WEST A DISTANCE OF 58.27 FEET TO A
POINT;
THENCE BY LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AS
RECORDED IN DEED BOOK 109 PAGE 195, NORTH 33° 08' 34" WEST A
DISTANCE OF 90.18 FEET TO A POINT; THENCE NORTH 48° 31' 26" EAST
A DISTANCE OF 374.43 FEET TO A POINT; THENCE BY THE WESTERLY
LINE OF KNAPP STREET (UNORDAINED AND ABANDONED), NORTH 35° 58'
34" WEST A DISTANCE OF 2.60 FEET TO A POINT; THENCE BY SAID
KNAPP STREET AND LANDS OF THE COMMONWEALTH OF PENNSYLVANIA AS
RECORDED IN RECORD BOOK 1725 PAGE 1757, TRACTS 59, 60, 66 AND
61, NORTH 47° 48' 18" EAST OF DISTANCE OF 627.95 FEET TO A POINT
ON THE WESTERLY LINE OF SMITH STREET; THENCE BY SAID WESTERLY
LINE OF SMITH STREET, SOUTH 35° 58' 34" EAST A DISTANCE OF 50.71
FEET TO A POINT, THE PLACE OF BEGINNING.
CONTAINING AN AREA OF 51,216 SQUARE FEET OR 1.18 ACRES.
BEING PART OF THE SAME PREMISES CONVEYED TO THE COMMONWEALTH
OF PENNSYLVANIA BY DEED RECORDED AT THE MONROE COUNTY RECORDER
OF DEEDS OFFICE, AT RECORD BOOK 1725 PAGE 1757, A PORTION OF
PARCEL NOS. 57 AND 58, KNOWN AS TAX PARCEL NO. 05-1/2/9/5.
DEPARTMENT OF GENERAL SERVICES PUBLIC WATER SUPPLY SYSTEM
EASEMENT NO. 4 (WELLHEAD PROTECTION ZONE, WELL NO. 2)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "DGS WATER EASEMENT NO. 4" ON A PLAN
ENTITLED "DGS WATER EASEMENTS NO.'S 1, 2, 3 & 4" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF EAST STROUDSBURG BOROUGH WELL NO.
2 HAVING STATE PLANE COORDINATES (NAD 83 PA NORTH ZONE) NORTHING
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312,264.7234 EASTING 2,680,125.8675; SAID WELL NO. 2 BEING NORTH
85° 27' 36" WEST A DISTANCE OF 413.65 FEET FROM AN IRON PIN WITH
CAP HAVING STATE PLANE COORDINATES (NAD 83 PA NORTH ZONE) OF
NORTHING 312,231.9083 EASTING 2,680,538.1659 AND MARKING THE
NORTHWESTERLY CORNER OF LANDS OF RAJESH AND PRAGNA BHAGAT AS
RECORDED IN RECORD BOOK 2085 PAGE 3311; THENCE FROM SAID POINT
OF BEGINNING IN A CIRCLE HAVING A RADIUS OF 200 FEET. SAID WELL
HEAD PROTECTION AREA SHALL ENCOMPASS ALL OF THE AREA OF THE
CIRCLE.
CONTAINING AN AREA OF 125,664 SQUARE FEET OF 2.88 ACRES.
BEING PART OF THE SAME PREMISES CONVEYED TO THE COMMONWEALTH
OF PENNSYLVANIA BY DEEDS RECORDED AT THE MONROE COUNTY RECORDER
OF DEEDS OFFICE, AT RECORD BOOK 1725 PAGE 1757, DEED BOOK 109
PAGE 195 AND DEED BOOK 83 PAGE 130, KNOWN AS TAX PARCEL NO. 05-
1/2/9/5, TAX PARCEL NO. 05-1/2/7/8-2, AND TAX PARCEL NO. 05-
1/2/7/8.
(C) EXECUTION BY SECRETARY OF GENERAL SERVICES.--THE
EASEMENT AGREEMENTS FOR THE EASEMENTS DESCRIBED UNDER SUBSECTION
(B) SHALL BE EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN
THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(D) EASEMENTS BY EAST STROUDSBURG UNIVERSITY.--THE EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER EDUCATION,
WITH THE APPROVAL OF THE GOVERNOR, IS AUTHORIZED ON BEHALF OF
THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO EAST
STROUDSBURG BOROUGH CERTAIN PUBLIC WATER SUPPLY SYSTEM
EASEMENTS, SITUATE UPON PORTIONS OF THE GROUNDS OF EAST
STROUDSBURG UNIVERSITY, IN EAST STROUDSBURG BOROUGH, MONROE
COUNTY, AND DESCRIBED UNDER SUBSECTION (E), FOR $1.00, FOR THE
PURPOSE OF ACCESS TO, AND OPERATION, MAINTENANCE, REPAIR,
REPLACEMENT, PROTECTION AND SECURITY OF TWO WATER WELLS AND
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APPURTENANT FACILITIES, UNDER TERMS AND CONDITIONS TO BE
ESTABLISHED IN AN EASEMENT AGREEMENT.
(E) DESCRIPTION OF EASEMENTS BY EAST STROUDSBURG
UNIVERSITY.--THE EASEMENTS TO BE CONVEYED UNDER SUBSECTION (D)
ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EAST STROUDSBURG UNIVERSITY PUBLIC WATER SUPPLY SYSTEM EASEMENT
NO. 1 (WELLHEAD PROTECTION ZONE, WELL NO.1)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "ESU WATER EASEMENT NO. 5" ON A PLAN
ENTITLED "ESU WATER EASEMENTS NO.'S 5, 6, 7 & 8" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, BEING THE SOUTHEAST CORNER OF LANDS OF
EAST STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION AS RECORDED IN THE MONROE COUNTY RECORDER OF DEEDS,
RECORD BOOK 2170 PAGE 9461; SAID POINT BEING NORTH 69° 25' 45"
WEST A DISTANCE OF 189.93 FEET FROM THE CENTER OF EAST
STROUDSBURG BOROUGH WELL #1 HAVING STATE PLANE COORDINATES (NAD
83 PA NORTH ZONE) NORTHING 313,358.9433 EASTING 2,681,023.4318;
THENCE BY SAID EAST STROUDSBURG UNIVERSITY, THE FOLLOWING THREE
(3) COURSES AND DISTANCES:
(1) SOUTH 53° 40' 24" WEST A DISTANCE OF 17.45 FEET TO A
POINT;
(2) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET,
AN ARC LENGTH OF 21.12 FEET AND HAVING A CHORD BEARING NORTH 19°
24' 19" EAST A DISTANCE OF 21.12 FEET TO A POINT;
(3) SOUTH 36° 19' 36" EAST A DISTANCE OF 11.89 FEET TO A
POINT, THE PLACE OF BEGINNING.
CONTAINING AN AREA OF 100 SQUARE FEET.
BEING PART OF THE SAME PREMISES CONVEYED TO EAST STROUDSBURG
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UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER
EDUCATION BY DEED RECORDED AT THE OFFICE OF THE RECORDER OF
DEEDS OF MONROE COUNTY AT RECORD BOOK 2170 PAGE 9461, KNOWN AS
TAX PARCEL NO. 05-1/4/1/25.
EAST STROUDSBURG UNIVERSITY PUBLIC WATER SUPPLY SYSTEM EASEMENT
NO. 2 (WELLHEAD PROTECTION ZONE, WELL NO. 1)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "ESU WATER EASEMENT NO. 6" ON A PLAN
ENTITLED "ESU WATER EASEMENTS NO.'S 5, 6, 7 & 8" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, BEING THE SOUTHEAST CORNER OF LANDS OF
EAST STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION AS RECORDED AT THE OFFICE OF THE MONROE COUNTY
RECORDER OF DEEDS, AT RECORD BOOK 2237 PAGE 7793; SAID POINT
BEING NORTH 23° 29' 07" WEST A DISTANCE OF 163.19 FEET FROM THE
CENTER OF EAST STROUDSBURG BOROUGH WELL NO. 1 HAVING STATE PLANE
COORDINATES (NAD 83 PA NORTH ZONE) NORTHING 313,358.9433 EASTING
2,681,023.4318;
THENCE BY THE LANDS OF GENERAL STATE AUTHORITY, SOUTH 53° 40'
24" WEST A DISTANCE OF 70.00 FEET, TO A POINT IN THE CENTERLINE
OF AN UNORDAINED ROAD;
THENCE ALONG THE CENTERLINE OF THE UNORDAINED ROAD, NORTH 36°
19' 36" WEST A DISTANCE OF 38.03 FEET TO A POINT;
THENCE THROUGH THE UNORDAINED ROADWAY AND LANDS OF EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER EDUCATION
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN
ARC LENGTH OF 70.36 FEET AND HAVING A CHORD BEARING NORTH 54°
02' 33" EAST A DISTANCE OF 70.00 FEET TO A POINT ON THE EASTERLY
LOT LINE OF LANDS OF EAST STROUDSBURG UNIVERSITY OF THE STATE
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SYSTEM OF HIGHER EDUCATION;
THENCE SOUTH 36° 19' 36" EAST A DISTANCE OF 37.58 FEET TO A
POINT, THE PLACE OF BEGINNING.
CONTAINING AN AREA OF 2,790 SQUARE FEET.
BEING PART OF THE SAME PREMISES CONVEYED TO EAST STROUDSBURG
UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER
EDUCATION BY DEED RECORDED AT THE OFFICE OF THE RECORDER OF
DEEDS OF MONROE COUNTY AT RECORD BOOK 2237 PAGE 7793, KNOWN AS
TAX PARCEL NO. 05-1/4/1/27, AND INCLUDING OF A PORTION OF THE
EASTERLY HALF OF A FORTY FOOT WIDE UNORDAINED ROAD, THE
OWNERSHIP RIGHTS TO WHICH HAVE REVERTED BACK TO THE TWO
ADJOINING PROPERTIES, THE EASTERLY PROPERTY OWNED BY EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER EDUCATION,
KNOWN AS TAX PARCEL NO. 05/1/4/1/27 (SUCH UNORDAINED ROAD
CURRENTLY MAPPED AS PART OF 05-1/4/1/29).
EAST STROUDSBURG UNIVERSITY PUBLIC WATER SUPPLY SYSTEM EASEMENT
NO. 3 (WELLHEAD PROTECTION ZONE, WELL NO. 1)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "ESU WATER EASEMENT NO. 7" ON A PLAN
ENTITLED "ESU WATER EASEMENTS NO.'S 5, 6, 7 & 8" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, BEING THE SOUTHWEST CORNER OF LANDS OF
EAST STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION AS RECORDED IN THE MONROE COUNTY RECORDER OF DEEDS,
RECORD BOOK 2129 PAGE 3153; SAID POINT BEING NORTH 23° 29' 07"
WEST A DISTANCE OF 163.19 FEET FROM THE CENTER OF EAST
STROUDSBURG BOROUGH WELL #1 HAVING STATE PLANE COORDINATES (NAD
83 PA NORTH ZONE) NORTHING 313,358.9433 EASTING 2,681,023.4318;
THENCE BY SAID EAST STROUDSBURG UNIVERSITY, THE FOLLOWING THREE
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(3) COURSES AND DISTANCES:
(1) NORTH 36° 19' 36" WEST A DISTANCE OF 37.58 FEET TO A
POINT;
(2) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET,
AN ARC LENGTH OF 93.71 FEET AND HAVING A CHORD BEARING NORTH 77°
32' 40" EAST A DISTANCE OF 92.85 FEET TO A POINT;
(3) SOUTH 53° 40' 24" WEST A DISTANCE OF 84.91 FEET TO A
POINT, THE PLACE OF BEGINNING.
CONTAINING AN AREA OF 1,934 SQUARE FEET.
BEING PART OF THE SAME PREMISES CONVEYED TO EAST STROUDSBURG
UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER
EDUCATION BY DEED RECORDED AT THE OFFICE OF THE RECORDER OF
DEEDS OF MONROE COUNTY AT RECORD BOOK 2129 PAGE 3153, KNOWN AS
TAX PARCEL NO. 05-1/1/4/1/28.
EAST STROUDSBURG UNIVERSITY PUBLIC WATER SUPPLY SYSTEM EASEMENT
NO. 4
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE
BOROUGH OF EAST STROUDSBURG, MONROE COUNTY, COMMONWEALTH OF
PENNSYLVANIA, DEPICTED AS "ESU WATER EASEMENT NO. 8" ON A PLAN
ENTITLED "ESU WATER EASEMENTS NO.'S 5, 6, 7 & 8" PREPARED BY RKR
HESS, DATED APRIL 11, 2018, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NORMAL STREET
AT THE NORTHEAST CORNER OF LANDS NOW OR FORMERLY EAST
STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER EDUCATION
AS RECORDED IN RECORD BOOK 2129 PAGE 3153 TRACT 1; THENCE BY
SAID NORMAL STREET, NORTH 53° 40' 24" EAST A DISTANCE OF 12.00
FEET TO A POINT; THENCE BY EAST STROUDSBURG UNIVERSITY OF THE
STATE SYSTEM OF HIGHER EDUCATION, SOUTH 36° 19' 36" EAST A
DISTANCE OF 150.00 FEET TO A POINT; THENCE BY THE GENERAL STATE
AUTHORITY AS RECORDED IN DEED BOOK 346 PAGE 116, PARCEL 3, SOUTH
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53° 40' 24" WEST A DISTANCE OF 12.00 FEET TO A POINT; THENCE BY
EAST STROUDSBURG UNIVERSITY OF THE STATE SYSTEM OF HIGHER
EDUCATION, NORTH 36° 19' 36" WEST A DISTANCE OF 150.00 FEET TO A
POINT, THE PLACE OF BEGINNING.
CONTAINING AN AREA OF 1,800 SQUARE FEET.
BEING A TWELVE-FOOT-WIDE ALLEY AS SHOWN ON 'MAP OF LANDS OF
ALFRED D. & JOSEPH HINELINE" AS RECORDED IN THE MONROE COUNTY
RECORDER OF DEEDS PLAT BOOK 6 PAGE 38. SAID EASEMENT AREA
CONSISTING OF AN UNORDAINED TWELVE FOOT WIDE ALLEY, THE
OWNERSHIP RIGHTS TO WHICH HAVE REVERTED BACK TO THE TWO
ADJOINING PROPERTIES, BOTH OWNED BY EAST STROUDSBURG UNIVERSITY
OF THE STATE SYSTEM OF HIGHER EDUCATION, PURSUANT TO A DEED
RECORDED AT THE OFFICE OF THE RECORDER OF DEEDS OF MONROE COUNTY
AT RECORD BOOK 2129 PAGE 3153, KNOWN AS TAX PARCEL NOS. 05-
1/4/1/28 AND 05-1/4/1/30 (THE RIGHT OF WAY IS CURRENTLY MAPPED
AS A PORTION OF 05-1/4/1/29).
(F) EXECUTION BY PRESIDENT OF THE EAST STROUDSBURG
UNIVERSITY OF PENNSYLVANIA.--THE EASEMENT AGREEMENT FOR THE
EASEMENTS DESCRIBED UNDER SUBSECTION (E) SHALL BE EXECUTED BY
THE PRESIDENT OF THE EAST STROUDSBURG UNIVERSITY OF PENNSYLVANIA
OF THE STATE SYSTEM OF HIGHER EDUCATION IN THE NAME OF THE
COMMONWEALTH OF PENNSYLVANIA.
(G) COST AND FEES.--COSTS AND FEES INCIDENTAL TO THE
CONVEYANCE OF THE PERMANENT EASEMENTS DESCRIBED UNDER
SUBSECTIONS (B) AND (E) SHALL BE BORNE BY THE GRANTEE.
(H) EXPIRATION.--IF THE PARTIES HAVE NOT ENTERED INTO
EASEMENT AGREEMENTS WITHIN 24 MONTHS OF THE EFFECTIVE DATE OF
THIS SUBSECTION, THE AUTHORIZATION CONTAINED UNDER THIS SECTION
SHALL EXPIRE.
Section 2 4 7. Effective date.
20180HB2489PN4302 - 34 -
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This act shall take effect immediately.
20180HB2489PN4302 - 35 -
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