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PRINTER'S NO. 2377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2065
Session of
2021
INTRODUCED BY DALEY, MADDEN, HANBIDGE, HILL-EVANS, SANCHEZ,
McNEILL, D. WILLIAMS, N. NELSON, MALAGARI, MILLARD AND
GUENST, NOVEMBER 9, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 9, 2021
AN ACT
Authorizing the Department of Conservation and Natural
Resources, with the approval of the Governor, to grant and
convey to Erdenheim Farm (EQ), L.P., certain lands situate in
Whitemarsh and Springfield Townships, Montgomery County, in
exchange for Erdenheim Farm (EQ), L.P., causing to convey to
the Commonwealth of Pennsylvania a tract of land to be added
to Marsh Creek State Park.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Authorization to convey property.
The Department of Conservation and Natural Resources, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to grant and convey to
Erdenheim Farm (EQ), L.P., (hereinafter referred to as
"Erdenheim Farm"), certain lands situate in Whitemarsh and
Springfield Townships, Montgomery County, in exchange for that
certain property to be conveyed to the Commonwealth of
Pennsylvania in accordance with section 3 herein below.
Section 2. Conveyance of property to the Erdenheim Farm.
The property to be conveyed in accordance with section 1
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consists of two tracts of land totaling approximately 8.7910
acres and improvements thereon, bounded and more particularly
described as follows:
ALL THOSE TWO CERTAIN lots or pieces of ground situated partly
in Whitemarsh Township and partly in Springfield Township,
Montgomery County, Pennsylvania, bounded and described as
follows:
TRACT 1: Beginning at an iron pin at the intersection of the
middle lines of Stenton Avenue (or Blue Bell Road) and Flourtown
Road (or Mill Road), a corner of land of Edward B. Krumbhaar,
thence extending along said middle line of Flourtown Road and
Krumbhaar's land North seventy-two degrees seventeen minutes and
fifty-nine seconds East one hundred and thirty-four and three
hundred and eighty-seven thousandths feet to a point, thence
still parallel with Stenton Avenue South twelve degrees eleven
minutes fifty-nine seconds West four hundred and twenty-one and
two hundred and ninety-three thousandths feet to a point, thence
still parallel with Stenton Avenue South nine degrees forty-
three minutes one second East One thousand and seven hundred and
forty-four thousandths feet to a point, thence still parallel
with Stenton Avenue for the greater part South twenty-four
degrees thirty-nine minutes one second East Eight hundred and
thirty feet to a point, thence South thirty degrees twenty-six
minutes twenty-nine seconds West Sixty-six and twenty-three
thousandths feet to a point in the middle of Stenton Avenue in
the line of land of the Bloomfield Farm late of John T. Morris,
thence along the middle line of Stenton Avenue and Morris's land
North forty degrees twenty-seven minutes forty-one second West
Two hundred and twenty-eight and eight hundred and sixty-one
thousandths feet to a corner of said Morris's land, thence along
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said land South fifty-six degrees forth minutes thirty-nine
seconds West Three hundred and eighty-three and forty-six
hundredths feet to a stone at the corner of said land, thence
North twenty-three degrees fifty-nine minutes fifty-nine seconds
East Four hundred and eighty-two and eight hundred and elven
thousands feet to a point in the Westerly line of Stenton
Avenue, thence along the same the fie following courses and
distances (1) North twenty-four degrees thirty-nine minutes one
second West Four hundred and four and seven hundred and forty-
one thousandths feet, (2) North nine degrees forty-three minutes
one second West One thousand and forty-three and nine hundred
and twenty-eight thousandths feet, (3) North twelve degrees
eleven minutes fifty-nine seconds East Three hundred and fifty-
one and nine hundred and thirty-one thousandths feet, (4) North
forty-eight degrees thirty-six minutes one second West Two
hundred and twenty-five and seven hundred and sixty-one
thousandths feet, and (5) North forty-four degrees fifty-three
minutes one second West Three hundred and thirteen and two
hundred and twenty-nine thousandths feet to a point in the
middle line of Barren Hill Road, thence along said middle line
North sixty-six degrees twenty-six minutes fifty-nine seconds
East Seventeen and seven hundred and fourteen thousandths feet
to a point in the middle line of Stenton Avenue a corner of said
Krumbhaar's land, thence along said middle line of Stenton
Avenue and said Krumbhaar's land South forty-four degrees fifty-
three minutes one second East Three hundred and six and twenty-
five hundredths feet to a point and South forty-eight degrees
thirty-six minutes one second East Two hundred and fifty-three
and thirty-five hundredths feet to the iron pin in the middle
line of Flourtown Road the place of the beginning, Containing
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eight acres and four hundred and five ten-thousandths of an
acre; and BEING Uniform Parcel Identifier Numbers: 650008059003
(7.455 acres to the west- and under- Stenton Avenue) and
650011140009 (0.98 acres to the east of Stenton Avenue).
TRACT 2: Beginning at a point in the line dividing the lands of
George D. Widener and the Bloomfield Farm of John T. Morris
Southwest of Stenton Avenue, thence extending along said
dividing line South fifty-nine degrees four minutes fifty-nine
seconds West Two hundred and seventy-five and ninety-four
hundredths feet to a point near the East bank of the Wissahickon
Creek a corner of said lands and of land of the Whitemarsh
Valley Country Club, thence up said Creek along the line of said
Club North seven degrees forty-eight minutes one second West One
hundred feet to a point and North fifty-three degrees eighteen
minutes one second West Forty-five feet to a point and thence
along other land of said Widener North eighty-six degrees fifty
minutes twenty-six seconds East two hundred and eighty-six and
eight hundred and twenty-two thousandths feet to a place of the
beginning, Containing three thousand eight hundred and sixty-
three ten thousandths of an acre; and BEING Uniform Parcel
Identifier Block/Unit Number 52-003-025 (0.3863 acres to the
east of Stenton Avenue).
Being the same premises, which George D. Widener conveyed to the
Commonwealth of Pennsylvania by deed dated November 15, 1920 and
recorded in Book 822 Page 575 of the Montgomery County Recorder
of Deed's office.
Containing 8.7910 acres more or less.
Section 3. Authorization to receive property.
The Department of Conservation and Natural Resources, with
the approval of the Governor, is hereby authorized on behalf of
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the Commonwealth of Pennsylvania to receive that certain tract
of land situate in Upper Uwchlan Township, Chester County, in
exchange for that property to be conveyed to Erdenheim Farm in
accordance with section 1 hereinabove.
Section 4. Conveyance of property to the Commonwealth of
Pennsylvania, acting by and through the Department of
Conservation and Natural Resources.
The property to be conveyed in accordance with section 3
consists of approximately 10.568-acres and improvements thereon:
ALL THAT CERTAIN parcel of land SITUATED in Upper Uwchlan
Township, Chester County, Pennsylvania, being shown on ALTA/NSPS
Land Title Survey prepared for Peter Ernst, dated November 23,
2020 by Regester Associates, Inc., Kennett Square, Pennsylvania,
and being more fully described as follows: BEGINNING at a re-rod
(set) at the southeasterly comer in common of lands now or late
of Havard A. & Mary E. McCurdy (a/k/a Tax Parcel no. 32-6-59)
and lands now or late of Daniel L. and Kirsten E. McCurdy (a/k/a
Tax Parcel no. 32-6-59.3) on the northwesterly existing right of
way line of Dorlan Mill Road-T-583, said right of way line being
parallel with 16.5 feet northwesterly from the centerline
thereof; thence from the point of beginning, along said right of
way line, South 41 degrees 38 minutes 03 seconds West 523.30
feet; thence leaving said right of way line, along lands now or
late of John D. and Susan N. Green and lands now or late of
James R. and Susan C. McDonough, passing over a re-rod (found)
at a distance of 9.33 feet, North 78 degrees 40 minutes 10
seconds West 645.44 feet to a copperweld (found), a comer of
lands now or late of the Commonwealth of Pennsylvania; thence
along said lands of the Commonwealth of Pennsylvania, North 31
degrees 37 minutes 12 seconds East 665.97 feet to an iron pin
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(found), a comer of lands now or late of Keith E. and Lynne
White; thence along said lands of White, lands now or late of
Jonathan D. Rubin, and lands now or late of Michael J. and Sarah
S. Kemeter, North 71 degrees 21 minutes 15 seconds East 438.20
feet to a re-rod (set), a comer of the aforesaid lands of Daniel
L. and Kirsten E. Mccurdy; thence along said lands of McCurdy,
the following two (2) courses and distances: (1) South 10
degrees 27 minutes 57 seconds East 369.94 feet to a re-rod
(set); (2) South 62 degrees 01 minute 53 seconds East 168.67
feet to the point of beginning; and CONTAINING 10.568 acres of
land, be the same, more or less; and BEING Uniform Parcel
Identifier no. 32-6-59.
Section 5. Easements and encumbrances.
The conveyances described in this act shall be made
concurrently and under and subject to all lawful and enforceable
easements, servitudes and rights of 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. The
conveyance authorized under section 1 of this act shall be made
under and subject to the following:
(a) Erdenheim Farm shall provide an easement, in perpetuity
and in favor of Montgomery County, for the construction,
installation and maintenance of a public multipurpose trail
contained within Parcel number 650008059003, part of TRACT 1,
being conveyed under section 2.
(b) Erdenheim Farm shall execute a conservation easement in
favor of Natural Lands Trust, Inc. on Parcel number
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650008059003, part of TRACT 1 being conveyed under Section 2.
This conservation easement shall allow for the public trail on
this Parcel number 650008059003.
Section 6. Deeds.
The deeds for the conveyance of the properties referenced in
sections 2 and 3 shall be by Special Warranty Deed.
Section 7. Costs and fees.
All costs and fees incidental to the conveyances contained in
this act shall be borne by their respective parties.
Section 8. Effective date.
This act shall take effect immediately.
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