SENATE AMENDED
PRIOR PRINTER'S NOS. 3075, 3829, 4083 PRINTER'S NO. 4128
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 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; AUTHORIZING THE <--
13 DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
14 GOVERNOR AND THE DEPARTMENT OF MILITARY AND VETERANS'
15 AFFAIRS, TO GRANT AND CONVEY, AT A PRICE TO BE DETERMINED
16 THROUGH A COMPETITIVE BID PROCESS, CERTAIN LANDS, BUILDINGS
17 AND IMPROVEMENTS SITUATE IN THE BOROUGH OF POTTSTOWN,
18 MONTGOMERY COUNTY; AUTHORIZING THE DEPARTMENT OF GENERAL
19 SERVICES, WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND
20 CONVEY, AT A PRICE TO BE DETERMINED THROUGH A COMPETITIVE BID
21 PROCESS, CERTAIN LANDS, BUILDINGS AND IMPROVEMENTS SITUATE IN
22 THE TOWNSHIP OF WEST NORRITON, MONTGOMERY COUNTY; AUTHORIZING
23 THE DEPARTMENT OF GENERAL SERVICES, WITH THE APPROVAL OF THE
24 GOVERNOR, TO DEDICATE, GRANT AND CONVEY TO THE STRASBURG,
25 LANCASTER COUNTY, BOROUGH AUTHORITY, A WATER MAIN AND
26 APPURTENANCES TO BE CONSTRUCTED BY THE DEPARTMENT OF GENERAL
27 SERVICES, TOGETHER WITH EASEMENTS FOR PUBLIC WATER PURPOSES,
28 SITUATE IN STRASBURG TOWNSHIP, LANCASTER COUNTY, AND TO GRANT
29 SUCH FURTHER EASEMENTS AND LICENSES AS MAY BE NECESSARY TO
1 PROVIDE THE RAILROAD MUSEUM OF PENNSYLVANIA WITH ACCESS TO
2 PUBLIC SEWER SERVICE; AUTHORIZING THE DEPARTMENT OF GENERAL
3 SERVICES, WITH THE APPROVAL OF THE GOVERNOR AND THE
4 DEPARTMENT OF TRANSPORTATION, TO GRANT AND CONVEY TO PARKWOOD
5 REAL ESTATE TRUST LLC, APPROXIMATELY 1.645 ACRES INCLUDING A
6 BUILDING AND ALL IMPROVEMENTS THEREON, SITUATE AT PARKWOOD
7 DRIVE IN THE CITY OF ALLENTOWN AND SALISBURY TOWNSHIP, LEHIGH
8 COUNTY; AND AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES,
9 WITH THE APPROVAL OF THE GOVERNOR, TO GRANT AND CONVEY TO THE
10 COUNTY OF LACKAWANNA TRANSIT SYSTEM AUTHORITY (COLTS),
11 CERTAIN LANDS SITUATE IN THE CITY OF SCRANTON, LACKAWANNA
12 COUNTY, IN EXCHANGE FOR A CERTAIN TRACT OF LAND FROM COLTS
13 SITUATE IN THE CITY OF SCRANTON, LACKAWANNA COUNTY.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Authorization for conveyance from the Commonwealth. <--
17 The Department of General Services, with the approval of the
18 SECTION 1. CONVEYANCE TO PIKE COUNTY. <--
19 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
20 THE APPROVAL OF THE Department of Transportation and the
21 Governor, is hereby authorized on behalf of the Commonwealth of
22 Pennsylvania to grant and convey to Pike County certain land and
23 improvements described in section 2 SUBSECTION (B). <--
24 Section 2. Description. <--
25 The property to be conveyed under section 1 consists of three
26 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED UNDER <--
27 SUBSECTION (A) CONSISTS OF THREE tracts containing in aggregate
28 3.319-acres more or less and improvements known as the
29 Pennsylvania Department of Transportation Pike County
30 Maintenance Facility in the Borough of Milford, Pike County,
31 Pennsylvania, more particularly bounded and described as
32 follows:
33 Parcel 1.
34 BEGINNING at a point, said point being in legal right-of-way
35 line offset at right angle 50 feet from tangent of point of
36 curve Station 25+37.54 on L.R. 8 (Traffic Route 6); thence along
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1 same right-of-way line on a curve to the right an arc distance
2 179.90 feet, south 88 degrees, 55 minutes, 41 seconds east a
3 distance of 179.77 feet to a point; thence along Bennett Street
4 south 34 degrees, 13 minutes, 00 seconds east a distance of
5 72.78 feet to a point; thence along lands now or formerly of Sam
6 Schouppe south 55 degrees, 47 minutes 00 seconds west a distance
7 of 204.80 feet to point; thence along lands now or formerly of
8 Norman Lehde north 18 degrees, 50 minutes, 00 seconds west a
9 distance of 43.40 feet to a point; thence along same lands of
10 Norman Lehde north 15 degrees, 10 minutes 00 seconds west a
11 distance of 142.60 feet to place of beginning. Containing 0.5504
12 acres of land, more or less.
13 Parcel 2.
14 BEGINNING at a point, said point being south 53 degrees 36
15 minutes west 200 feet from the southeasterly side of Bennett
16 Avenue; on the line of lands between Pennsylvania Department of
17 Highways and C. Koenderman, et ux; thence south 36 degrees 24
18 minutes east 110 feet to a point. Said point being on dividing
19 line of lands of E. Roberts and C. Koenderman, et ux; thence
20 along said dividing line south 53 degrees 36 minutes west 110.8
21 feet to a point; thence north 49 degrees 30 minutes west 43.2
22 feet to a point; thence north 64 degrees 15 minutes west 77.53
23 feet to a point on the line of lands between Pennsylvania
24 Department of Highways and C. Koenderman, et ux; thence along
25 said dividing line of lands north 53 degrees 36 minutes east
26 157.54 feet to a point. Said point being the place of BEGINNING.
27 CONTAINING .336 acres of land, more or less.
28 Parcel 3.
29 BEGINNING at a stone monument set in the ground marking the
30 westerly side of Elizabeth Street and the center line of Broad
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1 Street, as shown by the official map of the Borough of Milford,
2 thence at right angles to the center line of Broad Street, south
3 thirty-eight degrees E. forty (40.0) feet; thence, south, twelve
4 degrees, thirty-seven minutes east seventy-seven and twenty-two
5 hundredths (77.22) feet, thence, south twenty-three degrees and
6 thirty-six minutes east forty-five (45.0) feet, thence south
7 seven degrees and fifty minutes east one hundred forty and
8 twenty-five hundredths (140.25) feet, thence south seventeen
9 degrees and forty-five minutes east one hundred forty-eight and
10 fifty hundredths (148.50) feet, thence south twenty-one degrees,
11 east eighty-two and fifty hundredths (82.50) feet, thence, south
12 seven degrees, forty-five minutes east, forty-nine and fifty
13 hundredths (49.50) feet, thence south nine degrees and thirty-
14 minutes west, twenty-nine and twenty-five hundredths (29.25)
15 feet to a concrete monument and the beginning point for the land
16 hereby intended to be conveyed, thence along lands of Nell Quick
17 Wells, north fifty-three degrees, thirty-five minutes and
18 twenty-three seconds east, two hundred fifty-nine and sixty-
19 eight hundredths (259.68) feet to a concrete monument on the
20 westerly side of Bennett Avenue, thence along the westerly side
21 of Bennett Avenue, south thirty-six degrees, twenty-four minutes
22 and thirty-seven seconds, east, three hundred feet (300.00) to a
23 concrete monument; thence at right angles along lands of Nell
24 Quick Wells, south fifty-three degrees thirty-five minutes and
25 twenty-three seconds west, three hundred fifty-seven and fifty-
26 four hundredths (357.54) feet to a concrete monument on line of
27 lands of Brown Estate; thence along said lands north sixty-four
28 degrees and thirty minutes west, eighty-seven and forty-seven
29 hundredths (87.47) feet to a stake; thence north nineteen
30 degrees west, one hundred thirty-two (132.0) feet to a stake;
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1 thence north nine degrees and thirty minutes east one hundred
2 thirty-nine and five hundredths (139.05) feet to a concrete
3 monument and place of beginning. CONTAINING TWO AND FORTY-SEVEN
4 ONE HUNDREDTHS ACRES, be the same more or less.
5 Section 3. Conveyance to the Commonwealth. <--
6 The conveyance authorized under section 1 shall be made in
7 (C) PROPERTY TO BE EXCHANGED.--THE CONVEYANCE AUTHORIZED <--
8 UNDER SUBSECTION (A) SHALL BE MADE IN exchange for the
9 conveyance, by special warranty deed, from Pike County to the
10 Commonwealth of Pennsylvania, acting by and through its
11 Department of General Services, of all that certain piece of
12 land located in Blooming Grove Township, Pike County,
13 Pennsylvania, situated at the northwest corner of the
14 intersection of the county prison access road and Route 739,
15 containing 13.5-acres more or less, substantially as shown on
16 the "Stockpile Survey Plan" prepared by the Pennsylvania
17 Department of Transportation, dated May 25, 2004, with a metes
18 and bounds description to be provided by a Professional Land
19 Surveyor duly licensed in accordance with the laws of this
20 Commonwealth.
21 Section 4. Conditions. <--
22 The conveyance authorized under section 1 shall be made under
23 (D) CONDITIONS.--THE CONVEYANCE AUTHORIZED UNDER SUBSECTION <--
24 (A) SHALL BE MADE UNDER and subject to all lawful and
25 enforceable easements, servitudes and rights of others,
26 including, but not limited to, streets, roadways and any rights
27 of any telephone, telegraph, water, electric, gas or pipeline
28 companies, as well as under and subject to any lawful and
29 enforceable estates or tenancies vested in third persons
30 appearing of record, for any portion of the land or improvements
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1 erected thereon.
2 Section 5. Restriction. <--
3 The conveyance authorized under this act shall be made under
4 (E) RESTRICTION.--THE CONVEYANCE AUTHORIZED UNDER THIS <--
5 SECTION SHALL BE MADE UNDER and subject to the condition, which
6 shall be contained in the deed of conveyance, that no portion of
7 the property conveyed shall be used as a licensed facility, as
8 defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
9 other similar type of facility authorized under State law. The
10 condition shall be a covenant running with the land and shall be
11 binding upon the grantee, its successors and assigns. Should the
12 grantee, its successors or assigns, permit any portion of the
13 property authorized to be conveyed in this act SECTION to be <--
14 used in violation of this section, the title shall immediately
15 revert to and revest in the grantor.
16 Section 6. Deed of conveyance. <--
17 The deed of conveyance authorized under section 1 shall be a
18 (F) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE AUTHORIZED <--
19 UNDER SUBSECTION (A) SHALL BE A special warranty deed and shall
20 be executed by the Secretary of General Services in the name of
21 the Commonwealth of Pennsylvania.
22 Section 7. Costs. <--
23 Each party shall bear its own fees and costs incidental to
24 (G) COSTS.--EACH PARTY SHALL BEAR ITS OWN FEES AND COSTS <--
25 INCIDENTAL TO these conveyances.
26 SECTION 2. EASEMENTS THROUGH LANDS OF WERNERSVILLE STATE <--
27 HOSPITAL.
28 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
29 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
30 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO HERITAGE
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1 BUILDING GROUP, INC., AND THE MUNICIPAL AUTHORITY OF THE
2 TOWNSHIP OF SOUTH HEIDELBERG, AND/OR THEIR ASSIGNS, SIX SANITARY
3 SEWER EASEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS,
4 THROUGH THE LANDS OF WERNERSVILLE STATE HOSPITAL, SITUATE IN
5 SOUTH HEIDELBERG TOWNSHIP AND LOWER HEIDELBERG TOWNSHIP, BERKS
6 COUNTY, UNDER SUCH TERMS AND CONDITIONS TO BE ESTABLISHED IN AN
7 EASEMENT AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES.
8 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED CONSISTS OF
9 SIX PERMANENT SANITARY SEWER EASEMENTS AND TWO TEMPORARY
10 CONSTRUCTION EASEMENTS, BOUNDED AND MORE PARTICULARLY DESCRIBED
11 AS FOLLOWS:
12 SANITARY SEWER EASEMENT NO. 1
13 BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE
14 PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
15 VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT BEING DISTANT ALONG THE
16 ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
17 5,772.65 FEET, A CENTRAL ANGLE OF 00 DEGREES 29 MINUTES 27
18 SECONDS, AN ARC LENGTH OF 49.45 FEET, A CHORD BEARING NORTH 56
19 DEGREES 24 MINUTES 51 SECONDS WEST AND A CHORD DISTANCE OF 49.45
20 FEET FROM THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD (A.K.A.
21 T-374, 33 FOOT WIDE RIGHT-OF-WAY) AND FROM SAID POINT OF
22 BEGINNING RUNNING, THENCE;
23 THE FOLLOWING TWO COURSES AND DISTANCES ALONG A LINE RUNNING
24 THROUGH PARCEL 7365, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
25 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
26 1. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
27 17.92 FEET TO A POINT, THENCE;
28 2. SOUTH 52 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF
29 59.02 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF POINT
30 ROAD, THENCE;
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1 3. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, ALONG THE
2 ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF
3 581.57 FEET, A CENTRAL ANGLE OF 03 DEGREES 28 MINUTES 52
4 SECONDS, AN ARC LENGTH OF 35.34 FEET, A CHORD BEARING SOUTH
5 05 DEGREES 26 MINUTES 21 SECONDS WEST AND A CHORD DISTANCE OF
6 35.33 FEET TO A POINT, THENCE;
7 THE FOLLOWING TWO COURSES AND DISTANCES ALONG A LINE RUNNING
8 THROUGH PARCEL 7365:
9 1. NORTH 52 DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF
10 105.98 FEET TO A POINT, THENCE;
11 2. NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
12 46.22 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE
13 OF THE PHILADELPHIA AND READING RAILROAD, THENCE;
14 3. ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF THE PHILADELPHIA AND
15 READING RAILROAD, ALONG THE ARC OF A CIRCLE CURVING TO THE
16 LEFT, HAVING A RADIUS OF 5,772.65 FEET, A CENTRAL ANGLE OF 00
17 DEGREES 17 MINUTES 52 SECONDS, AN ARC LENGTH OF 30.00 FEET, A
18 CHORD BEARING SOUTH 56 DEGREES 01 MINUTES 12 SECONDS EAST AND
19 A CHORD DISTANCE OF 30.00 FEET TO THE POINT AND PLACE OF
20 BEGINNING.
21 CONTAINING 3,430 SQUARE FEET OF 0.079 ACRES.
22 SANITARY SEWER EASEMENT NO. 2
23 BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE
24 OF THE PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
25 VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT BEING DISTANT ALONG THE
26 ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
27 5,686.65 FEET, A CENTRAL ANGLE OF 00 DEGREES 11 MINUTES 44
28 SECONDS, AN ARC LENGTH OF 19.42 FEET, A CHORD BEARING NORTH 56
29 DEGREES 16 MINUTES 08 SECONDS WEST AND A CHORD DISTANCE OF 19.42
30 FEET FROM THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
20080H2158B4128 - 8 -
1 OF POINT ROAD (A.K.A T-374, 33 FOOT WIDE RIGHT-OF-WAY) AND FROM
2 SAID POINT OF BEGINNING RUNNING, THENCE;
3 1. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE PHILADELPHIA
4 AND READING RAILROAD, ALONG THE ARC OF A CIRCLE CURVING TO
5 THE RIGHT, HAVING A RADIUS OF 5,686.65 FEET, A CENTRAL ANGLE
6 OF 00 DEGREES 18 MINUTES 08 SECONDS, AN ARC LENGTH OF 30.00
7 FEET, A CHORD BEARING NORTH 56 DEGREES 01 MINUTES 12 SECONDS
8 WEST AND A CHORD DISTANCE OF 30.00 FEET TO A POINT, THENCE;
9 2. ALONG A LINE RUNNING THROUGH PARCEL 7365, LANDS NOW OR
10 FORMERLY THE COMMONWEALTH OF PENNSYLVANIA (WERNERSVILLE STATE
11 HOSPITAL), NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A
12 DISTANCE OF 40.12 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
13 WAY LINE OF POINT ROAD, THENCE;
14 3. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, SOUTH 17
15 DEGREES 00 MINUTES 27 SECONDS EAST, A DISTANCE OF 38.61 FEET
16 TO A POINT, THENCE;
17 4. ALONG A LINE RUNNING THROUGH PARCEL 7365, SOUTH 33 DEGREES 58
18 MINUTES 48 SECONDS WEST, A DISTANCE OF 15.81 FEET TO THE
19 POINT AND PLACE OF BEGINNING.
20 CONTAINING 839 SQUARE FEET OR 0.019 ACRES.
21 SANITARY SEWER EASEMENT NO. 3
22 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
23 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), SAID POINT
24 BEING DISTANT THE FOLLOWING TWO COURSES AND DISTANCES FROM THE
25 INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE
26 PHILADELPHIA AND READING RAILROAD (LEBANON VALLEY BRANCH,
27 VARIABLE WIDTH RIGHT-OF-WAY) AND FROM SAID POINT OF BEGINNING
28 RUNNING, THENCE;
29 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
30 RIGHT-OF-WAY LINE OF POINT ROAD:
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1 A. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
2 RADIUS OF 71.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 50
3 MINUTES 55 SECONDS, AN ARC LENGTH OF 19.78 FEET, A CHORD
4 BEARING NORTH 09 DEGREES 05 MINUTES 00 SECONDS WEST AND A
5 CHORD DISTANCE OF 19.71 FEET TO A POINT OF TANGENCY, THENCE;
6 B. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
7 68.80 FEET TO THE TRUE POINT OF BEGINNING AND FROM SAID POINT
8 OF BEGINNING RUNNING, THENCE;
9 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
10 RIGHT-OF-WAY LINE OF POINT ROAD.
11 1. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
12 89.46 FEET TO A POINT, THENCE;
13 2. ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A
14 RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 14 DEGREES 05
15 MINUTES 51 SECONDS, AN ARC LENGTH OF 86.45 FEET, A CHORD
16 BEARING NORTH 06 DEGREES 53 MINUTES 26 SECONDS WEST AND A
17 CHORD DISTANCE OF 86.23 FEET TO A POINT, THENCE;
18 3. ALONG A LINE RUNNING THROUGH PARCEL 7365, LANDS NOW OR
19 FORMERLY THE COMMONWEALTH OF PENNSYLVANIA (WERNERSVILLE STATE
20 HOSPITAL), NORTH 27 DEGREES 35 MINUTES 27 SECONDS EAST, A
21 DISTANCE OF 282.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
22 WAY LINE OF POINT ROAD, THENCE;
23 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
24 RIGHT-OF-WAY LINE OF POINT ROAD:
25 1. ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A
26 RADIUS OF 651.62 FEET, A CENTRAL ANGLE OF 03 DEGREES 05
27 MINUTES 48 SECONDS, AN ARC LENGTH OF 35.22 FEET, A CHORD
28 BEARING NORTH 55 DEGREES 26 MINUTES 23 SECONDS EAST AND A
29 CHORD DISTANCE OF 35.21 FEET TO A POINT, THENCE;
30 2. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
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1 RADIUS OF 1,461.02 FEET, A CENTRAL ANGLE OF 04 DEGREES 20
2 MINUTES 32 SECONDS, AN ARC LENGTH OF 110.72 FEET, A CHORD
3 BEARING NORTH 53 DEGREES 16 MINUTES 25 SECONDS EAST AND A
4 CHORD DISTANCE OF 110.69 FEET TO A POINT, THENCE;
5 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE LINE RUNNING
6 THROUGH PARCEL 7365:
7 1. SOUTH 48 DEGREES 09 MINUTES 50 SECONDS WEST, A DISTANCE OF
8 97.96 FEET TO A POINT, THENCE;
9 2. SOUTH 27 DEGREES 35 MINUTES 27 SECONDS WEST, A DISTANCE OF
10 342.21 FEET TO A POINT, THENCE;
11 3. SOUTH 10 DEGREES 40 MINUTES 14 SECONDS EAST, A DISTANCE OF
12 133.47 FEET TO A POINT, THENCE;
13 4. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
14 9.14 FEET TO THE POINT AND PLACE OF BEGINNING.
15 CONTAINING 12,036 SQUARE FEET OR 0.276 ACRES.
16 SANITARY SEWER EASEMENT NO. 4
17 BEGINNING AT THE INTERSECTION OF NORTHEASTERLY RIGHT-OF-WAY
18 LINE OF WEST PENN AVENUE (A.K.A. U.S. ROUTE 422, A.K.A. L.R.
19 149, 100 FOOT WIDE RIGHT-OF-WAY) AND THE WESTERLY RIGHT-OF-WAY
20 LINE OF POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY, 50
21 FOOT WIDE RIGHT-OF-WAY PER TAX MAP), AND FROM SAID POINT OF
22 BEGINNING RUNNING, THENCE;
23 1. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WEST PENN
24 AVENUE, NORTH 61 DEGREES 49 MINUTES 45 SECONDS WEST, A
25 DISTANCE OF 245.21 FEET TO A POINT, THENCE;
26 THE FOLLOWING SIX COURSES AND DISTANCES ALONG A LINE RUNNING
27 THROUGH PARCEL 4351, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
28 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
29 1. NORTH 58 DEGREES 29 MINUTES 08 SECONDS EAST, A DISTANCE OF
30 34.75 FEET TO A POINT, THENCE;
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1 2. SOUTH 61 DEGREES 49 MINUTES 45 SECONDS EAST, A DISTANCE OF
2 212.45 FEET TO A POINT, THENCE;
3 3. NORTH 41 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF
4 328.00 FEET TO A POINT, THENCE;
5 4. NORTH 43 DEGREES 17 MINUTES 44 SECONDS EAST, A DISTANCE OF
6 198.85 FEET TO A POINT, THENCE;
7 5. NORTH 39 DEGREES 26 MINUTES 55 SECONDS EAST, A DISTANCE OF
8 181.02 FEET TO A POINT, THENCE;
9 6. NORTH 46 DEGREES 50 MINUTES 16 SECONDS EAST, A DISTANCE OF
10 29.63 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF AN
11 EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT, THENCE;
12 7. ALONG A LINE RUNNING THROUGH PARCEL 3451 AND ALONG AN
13 EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT, SOUTH 11
14 DEGREES 37 MINUTES 57 SECONDS WEST, A DISTANCE OF 54.76 FEET
15 TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD,
16 THENCE;
17 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE WESTERLY
18 RIGHT-OF-WAY LINE OF POINT ROAD:
19 1. SOUTH 42 DEGREES 48 MINUTES 36 SECONDS WEST, A DISTANCE OF
20 503.06 FEET TO A POINT, THENCE;
21 2. SOUTH 40 DEGREES 34 MINUTES 12 SECONDS WEST, A DISTANCE OF
22 212.45 FEET TO THE POINT AND PLACE OF BEGINNING.
23 CONTAINING 22,492 SQUARE FEET OR 0.52 ACRES.
24 SANITARY SEWER EASEMENT NO. 5
25 BEGINNING AT A POINT ON THE DIVIDING LINE BETWEEN PARCEL
26 7365, LANDS NOW OR FORMERLY THE COMMONWEALTH OF PENNSYLVANIA
27 (WERNERSVILLE STATE HOSPITAL) AND PARCEL 5933, LANDS NOW OR
28 FORMERLY HERITAGE-SPRINGDALE, L.P., SAID POINT BEING DISTANT THE
29 FOLLOWING TWO COURSES AND DISTANCES FROM THE INTERSECTION OF
30 NORTHWESTERLY ULTIMATE RIGHT-OF-WAY LINE OF FURNACE ROAD (A.K.A.
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1 L.R. 06068, A.K.A. T-382, 33 FOOT WIDE LEGAL RIGHT-OF-WAY) WITH
2 THE DIVIDING LINE BETWEEN PARCEL 5933 AND PARCEL 1856, LANDS NOW
3 OR FORMERLY ADMIXTURES, INC.:
4 A. ALONG THE DIVIDING LINE BETWEEN PARCEL 5933 AND PARCEL 1856,
5 NORTH 42 DEGREES 19 MINUTES 56 SECONDS WEST, A DISTANCE OF
6 521.88 FEET TO A POINT, THENCE;
7 B. ALONG THE DIVIDING LINE BETWEEN PARCEL 7365 AND PARCEL 5933,
8 SOUTH 42 DEGREES 18 MINUTES 49 SECONDS WEST, A DISTANCE OF
9 91.53 FEET TO THE TRUE POINT AND PLACE OF BEGINNING, AND FROM
10 SAID POINT OF BEGINNING RUNNING, THENCE;
11 1. ALONG THE DIVIDING LINE BETWEEN PARCEL 7365 AND PARCEL 5933,
12 SOUTH 42 DEGREES 18 MINUTES 49 SECONDS WEST, A DISTANCE OF
13 30.04 FEET TO A POINT, THENCE;
14 THE FOLLOWING FIVE COURSES AND DISTANCES ALONG A LINE RUNNING
15 THROUGH PARCEL 7356:
16 1. NORTH 50 DEGREES 32 MINUTES 03 SECONDS WEST, A DISTANCE OF
17 388.71 FEET TO A POINT, THENCE;
18 2. NORTH 54 DEGREES 37 MINUTES 43 SECONDS WEST, A DISTANCE OF
19 400.26 FEET TO A POINT; THENCE,
20 3. NORTH 48 DEGREES 32 MINUTES 34 SECONDS WEST, A DISTANCE OF
21 401.15 FEET TO A POINT, THENCE;
22 4. NORTH 45 DEGREES 49 MINUTES 06 SECONDS WEST, A DISTANCE OF
23 394.96 FEET TO A POINT, THENCE;
24 5. NORTH 52 DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF
25 15.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
26 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), THENCE;
27 6. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD, ALONG THE
28 ARC OF CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 548.57
29 FEET, A CENTRAL ANGLE OF 03 DEGREES 46 MINUTES 58 SECONDS, AN
30 ARC LENGTH OF 36.22 FEET, A CHORD BEARING NORTH 03 DEGREES 15
20080H2158B4128 - 13 -
1 MINUTES 57 SECONDS EAST, AND A CHORD DISTANCE OF 36.21 FEET
2 TO A POINT, THENCE;
3 THE FOLLOWING FIVE COURSES AND DISTANCES ALONG A LINE RUNNING
4 THROUGH PARCEL 7356:
5 1. SOUTH 52 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF
6 37.18 FEET TO A POINT, THENCE;
7 2. SOUTH 45 DEGREES 49 MINUTES 06 SECONDS EAST, A DISTANCE OF
8 396.04 FEET TO A POINT, THENCE;
9 3. SOUTH 48 DEGREES 32 MINUTES 34 SECONDS EAST, A DISTANCE OF
10 398.85 FEET TO A POINT, THENCE;
11 4. SOUTH 54 DEGREES 37 MINUTES 43 SECONDS EAST, A DISTANCE OF
12 399.74 FEET TO A POINT, THENCE;
13 5. SOUTH 50 DEGREES 32 MINUTES 03 SECONDS EAST, A DISTANCE OF
14 391.27 FEET TO A POINT AND PLACE OF BEGINNING.
15 CONTAINING 48,356 SQUARE FEET OR 1.110 ACRES.
16 SANITARY SEWER EASEMENT NO. 6
17 BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
18 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY, 50 FOOT
19 WIDE RIGHT-OF-WAY PER TAX MAP) SAID POINT BEING DISTANT THE
20 FOLLOWING TWO COURSES AND DISTANCES FROM THE INTERSECTION OF THE
21 WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD WITH THE NORTHEASTERLY
22 RIGHT-OF-WAY LINE OF WEST PENN AVENUE (A.K.A. U.S. ROUTE 422,
23 A.K.A. L.R.149, 100 FOOT WIDE RIGHT-OF-WAY):
24 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE WESTERLY
25 RIGHT-OF-WAY LINE OF POINT ROAD:
26 A. NORTH 40 DEGREES 34 MINUTES 12 SECONDS EAST, A DISTANCE
27 212.45 FEET TO A POINT, THENCE;
28 B. NORTH 42 DEGREES 48 MINUTES 36 SECONDS EAST, A DISTANCE OF
29 503.06 FEET TO THE TRUE POINT AND PLACE AND BEGINNING AND
30 FROM SAID POINT OF BEGINNING RUNNING, THENCE;
20080H2158B4128 - 14 -
1 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE NORTHERLY END
2 OF A VARIABLE WIDTH SANITARY SEWER EASEMENT RUNNING THROUGH
3 PARCEL 3451, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
4 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL):
5 1. NORTH 11 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF
6 54.76 FEET TO A POINT, THENCE;
7 2. SOUTH 46 DEGREES 50 MINUTES 16 SECONDS WEST, A DISTANCE OF
8 8.67 FEET TO A POINT, THENCE;
9 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG A LINE RUNNING
10 THROUGH PARCEL 3451:
11 1. NORTH 11 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF
12 280.61 FEET TO A POINT, THENCE;
13 2. NORTH 17 DEGREES 56 MINUTES 15 SECONDS EAST, A DISTANCE OF
14 206.27 FEET TO A POINT, THENCE;
15 3. NORTH 41 DEGREES 07 MINUTES 38 SECONDS EAST, A DISTANCE OF
16 255.31 FEET TO A POINT, THENCE;
17 4. NORTH 12 DEGREES 51 MINUTES 16 SECONDS WEST, A DISTANCE OF
18 143.30 FEET TO A POINT, THENCE;
19 5. ALONG THE DIVIDING LINE BETWEEN PARCEL 3451 AND PARCEL 9003,
20 LANDS NOW OR FORMERLY MOORE AND ALONG THE SOUTHERLY END OF A
21 20 FOOT WIDE SANITARY EASEMENT, SOUTH 45 DEGREES 34 MINUTES
22 28 SECONDS EAST, A DISTANCE OF 55.50 FEET TO A POINT, THENCE;
23 THE FOLLOWING FOUR COURSES AND DISTANCES ALONG A LINE RUNNING
24 THROUGH PARCEL 3451:
25 1. SOUTH 12 DEGREES 51 MINUTES 16 SECONDS EAST, A DISTANCE OF
26 111.88 FEET TO A POINT, THENCE;
27 2. SOUTH 41 DEGREES 07 MINUTES 38 SECONDS WEST, A DISTANCE OF
28 264.43 FEET TO A POINT, THENCE;
29 3. SOUTH 17 DEGREES 56 MINUTES 15 SECONDS WEST, A DISTANCE OF
30 198.46 FEET TO A POINT, THENCE;
20080H2158B4128 - 15 -
1 4. SOUTH 11 DEGREES 37 MINUTES 57 SECONDS WEST, A DISTANCE OF
2 285.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
3 POINT ROAD, THENCE;
4 5. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF POINT ROAD, SOUTH 42
5 DEGREES 48 MINUTES 36 SECONDS WEST, A DISTANCE OF 48.29 FEET
6 TO THE POINT AND PLACE OF BEGINNING.
7 CONTAINING 26,746 FEET OR 0.614 ACRE.
8 TEMPORARY CONSTRUCTION EASEMENT NO. 1
9 BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
10 POINT ROAD (A.K.A. T-374, 33 FOOT WIDE RIGHT-OF-WAY), SAID POINT
11 BEING DISTANT THE FOLLOWING TWO COURSES AND DISTANCES FROM THE
12 INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD AND
13 THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE PHILADELPHIA AND
14 READING RAILROAD (LEBANON VALLEY BRANCH, VARIABLE WIDTH RIGHT-
15 OF-WAY).
16 THE FOLLOWING TWO COURSES AND DISTANCES ALONG THE EASTERLY
17 RIGHT-OF-WAY LINE OF POINT ROAD:
18 A. ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
19 RADIUS OF 71.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 50
20 MINUTES 55 SECONDS, AN ARC LENGTH OF 19.78 FEET, A CHORD
21 BEARING NORTH 09 DEGREES 05 MINUTES 00 SECONDS WEST AND A
22 CHORD DISTANCE OF 19.71 FEET TO A POINT OF TANGENCY, THENCE;
23 B. NORTH 17 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF
24 39.85 FEET TO THE TRUE POINT AND PLACE OF BEGINNING AND FROM
25 SAID POINT OF BEGINNING RUNNING, THENCE;
26 1. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF POINT ROAD, NORTH 17
27 DEGREES 00 MINUTES 27 SECONDS WEST, A DISTANCE OF 96.52 FEET
28 TO A POINT, THENCE;
29 THE FOLLOWING THREE COURSES AND DISTANCES ALONG A LINE RUNNING
30 THROUGH PARCEL 7365 LANDS NOW OR FORMERLY THE COMMONWEALTH OF
20080H2158B4128 - 16 -
1 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL)
2 1. NORTH 33 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
3 25.29 FEET TO A POINT, THENCE;
4 2. SOUTH 56 DEGREES 01 MINUTES 12 SECONDS EAST, A DISTANCE OF
5 75.00 FEET TO A POINT, THENCE;
6 3. SOUTH 33 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
7 86.05 FEET TO THE POINT AND PLACE OF BEGINNING.
8 CONTAINING 4,175 SQUARE FEET OR 0.096 ACRES.
9 TEMPORARY CONSTRUCTION EASEMENT NO. 2
10 BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF
11 WEST PENN AVENUE (A.K.A. U.S. ROUTE 422, A.K.A. L.R. 149, 100
12 FOOT WIDE RIGHT-OF-WAY) AT THE INTERSECTION OF THE DIVIDING LINE
13 BETWEEN PARCEL 3451, LANDS NOW OR FORMERLY THE COMMONWEALTH OF
14 PENNSYLVANIA (WERNERSVILLE STATE HOSPITAL) AND PARCEL 9003,
15 LANDS NOW OR FORMERLY MOORE, AND FROM SAID POINT OF BEGINNING
16 RUNNING, THENCE;
17 1. ALONG THE DIVIDING LINE BETWEEN PARCEL 3451 AND PARCEL 9003,
18 NORTH 42 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF
19 77.89 FEET TO A POINT, THENCE;
20 THE FOLLOWING THREE COURSES AND DISTANCES ALONG A LINE RUNNING
21 THROUGH PARCEL 3451:
22 1. SOUTH 31 DEGREES 30 MINUTES 52 SECONDS EAST, A DISTANCE OF
23 57.95 FEET TO A POINT, THENCE;
24 2. SOUTH 58 DEGREES 29 MINUTES 08 SECONDS WEST, A DISTANCE OF
25 53.63 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE
26 OF WEST PENN AVENUE, THENCE;
27 3. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WEST PENN
28 AVENUE, NORTH 61 DEGREES 49 MINUTES 45 SECONDS WEST, A
29 DISTANCE OF 41.91 FEET TO THE POINT AND PLACE OF BEGINNING.
30 CONTAINING 3,137 SQUARE FEET OR
20080H2158B4128 - 17 -
1 0.072 ACRES.
2 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
3 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
4 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
5 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
6 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
7 SUBJECT TO ANY SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR
8 TENANCIES VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY
9 PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
10 (D) SEWER CAPACITY RETAINED.--THIS SECTION SHALL NOT BE
11 CONSTRUED TO CONVEY ANY EXCESS SEWAGE CAPACITY AVAILABLE AT
12 WERNERSVILLE STATE HOSPITAL. IT IS THE INTENT OF THE GENERAL
13 ASSEMBLY THAT THE COMMONWEALTH RETAIN THE CURRENT SEWER CAPACITY
14 FOR EITHER CURRENT AND FUTURE COMMONWEALTH OPERATIONS AT
15 WERNERSVILLE STATE HOSPITAL OR GENERAL HEALTH CARE PURPOSES
16 WITHIN THIS COMMONWEALTH.
17 (E) EASEMENT AGREEMENT.--THE EASEMENT AGREEMENT SHALL BE IN
18 FORM AND SUBSTANCE ACCEPTABLE TO THE DEPARTMENT OF GENERAL
19 SERVICES AND SHALL BE EXECUTED BY THE SECRETARY OF GENERAL
20 SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
21 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
22 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
23 (G) EXECUTION.--IN THE EVENT THAT AN EASEMENT AGREEMENT IS
24 NOT EXECUTED WITHIN 1 YEAR FROM THE EFFECTIVE DATE OF THIS ACT,
25 THE AUTHORIZATION CONTAINED HEREIN SHALL BE NULL AND VOID.
26 SECTION 3. CONVEYANCE IN POTTSTOWN, MONTGOMERY COUNTY. <--
27 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
28 THE APPROVAL OF THE DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS
29 AND THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF THE
30 COMMONWEALTH TO GRANT AND CONVEY THE TRACT OF LAND DESCRIBED IN
20080H2158B4128 - 18 -
1 SUBSECTION (B) TOGETHER WITH ANY BUILDINGS, STRUCTURES OR
2 IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF POTTSTOWN,
3 MONTGOMERY COUNTY, PENNSYLVANIA. THE DEPARTMENT OF GENERAL
4 SERVICES SHALL SELL THE PROPERTY USING, IN ITS DISCRETION, ONE
5 OF THE FOLLOWING METHODS OF SALE: AN INVITATION FOR SEALED BIDS
6 OR PUBLIC AUCTION.
7 (B) DESCRIPTION OF PROPERTY.--THE PROPERTY TO BE CONVEYED
8 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 0.29-ACRES
9 AND A BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS
10 FOLLOWS:
11 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF
12 POTTSTOWN, MONTGOMERY COUNTY MORE PARTICULARLY BOUNDED AND
13 DESCRIBED ACCORDING TO A SURVEY THEREOF MADE BY RUDDACH AND
14 MCCRACKEN, CIVIL ENGINEERS ON MARCH 24, 1906, AS FOLLOWS, TO
15 WIT:
16 SITUATE ON THE NORTH SIDE OF KING STREET (SIXTY FEET WIDE) AT
17 THE DISTANCE OF NINETY FIVE FEET WESTWARD FROM THE WEST SIDE OF
18 CHARLOTTE STREET (FORTY FEET WIDE), CONTAINING IN FRONT OR
19 BREADTH ON THE SAID KING STREET EIGHTY-FOUR FEET AND EXTENDING
20 OF THAT WIDTH IN LENGTH OR DEPTH NORTHWARD BETWEEN LINES AT
21 RIGHT ANGLES TO THE SAID KING STREET, ONE HUNDRED AND FIFTY
22 FEET.
23 CONTAINING 0.29-ACRES MORE OR LESS.
24 BEING THE SAME PREMISES CONVEYED BY MARGARET E. LEE,
25 SURVIVING EXECUTRIX, TO MARY J. LEE FRETZ, BY DEED DATED APRIL
26 25, 1894, AND RECORDED IN THE MONTGOMERY COUNTY RECORDER OF
27 DEEDS OFFICE, IN DEED BOOK NO. 403, PAGE 90.
28 BEING THE SAME PROPERTY CONVEYED TO THE COMMONWEALTH OF
29 PENNSYLVANIA, FROM MARY J. LEE FRETZ, WIDOW, BY DEED DATED APRIL
30 12, 1906 AND RECORDED IN THE MONTGOMERY COUNTY RECORDER OF DEEDS
20080H2158B4128 - 19 -
1 OFFICE, IN DEED BOOK 554, PAGE 140.
2 (C) CONDITIONS OF CONVEYANCE.--THE CONVEYANCE SHALL BE MADE
3 UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS,
4 SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO
5 STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
6 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
7 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
8 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
9 THE LAND OR IMPROVEMENTS ERECTED THEREON.
10 (D) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE SHALL BE BY
11 SPECIAL WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF
12 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH.
13 (E) DEPOSIT OF PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL
14 BE DEPOSITED IN THE STATE TREASURY ARMORY FUND.
15 SECTION 4. CONVEYANCE IN WEST NORRITON, MONTGOMERY COUNTY.
16 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
17 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
18 THE COMMONWEALTH TO GRANT AND CONVEY, AT A PRICE TO BE
19 DETERMINED THROUGH COMPETITIVE BIDDING, THE TRACT OF LAND
20 DESCRIBED IN SUBSECTION (B) TOGETHER WITH ANY BUILDINGS,
21 STRUCTURES OR IMPROVEMENTS THEREON, SITUATE IN THE TOWNSHIP OF
22 WEST NORRITON, MONTGOMERY COUNTY, PENNSYLVANIA.
23 (B) DESCRIPTION OF PROPERTY.--THE PROPERTY TO BE CONVEYED
24 PURSUANT TO THIS SECTION CONSISTS OF APPROXIMATELY 0.28-ACRES
25 AND BUILDING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
26 ALL THAT CERTAIN LOT OR PARCEL OF LAND BEING PARCEL NO. 63-
27 00-09103-00-5 SITUATE IN THE TOWNSHIP OF WEST NORRITON, COUNTY
28 OF MONTGOMERY, MORE COMMONLY KNOWN AS 174 N. WHITEHALL ROAD,
29 WEST NORRITON TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA.
30 BEING A PORTION OF THE LANDS CONVEYED TO THE COMMONWEALTH OF
20080H2158B4128 - 20 -
1 PENNSYLVANIA BY JOHN W. CULLEN AND BETTY C. CULLEN, AND RECORDED
2 IN MONTGOMERY COUNTY DEED BOOK 1944, PAGE 176.
3 (C) CONDITIONS OF CONVEYANCE.--THE CONVEYANCE SHALL BE MADE
4 UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS,
5 SERVITUDES AND RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO
6 STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
7 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
8 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
9 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
10 THE LAND OR IMPROVEMENTS ERECTED THEREON.
11 (D) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE SHALL BE BY
12 SPECIAL WARRANTY DEED AND SHALL BE EXECUTED BY THE SECRETARY OF
13 GENERAL SERVICES IN THE NAME OF THE COMMONWEALTH OF
14 PENNSYLVANIA.
15 (E) DEPOSIT OF PROCEEDS.--THE PROCEEDS FROM THE SALE SHALL
16 BE DEPOSITED IN THE GENERAL FUND.
17 SECTION 5. WATER MAIN AND EASEMENTS IN STRASBURG TOWNSHIP,
18 LANCASTER COUNTY.
19 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
20 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
21 THE COMMONWEALTH OF PENNSYLVANIA TO DEDICATE, GRANT AND CONVEY
22 TO THE STRASBURG, LANCASTER COUNTY, BOROUGH AUTHORITY, FOR $1, A
23 WATER MAIN AND APPURTENANCES TO SUCH WATER MAIN TO BE
24 CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES AS PART OF
25 PROJECT NO. DGS 980-6, TOGETHER WITH SUCH EASEMENTS AS MAY BE
26 NECESSARY FOR PURPOSES OF THE OPERATION, MAINTENANCE, REPAIR AND
27 REPLACEMENT OF SUCH WATER MAIN AND APPURTENANCES, OVER, THROUGH,
28 AND IN CERTAIN PROPERTY CONSTITUTING, OR ADJACENT TO, THE
29 GROUNDS OF THE RAILROAD MUSEUM OF PENNSYLVANIA, AS DESCRIBED IN
30 SUBSECTION (B).
20080H2158B4128 - 21 -
1 (B) DESCRIPTION OF EASEMENT.--PURSUANT TO SUBSECTION (A):
2 (1) THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO
3 GRANT TO THE STRASBURG, LANCASTER COUNTY, BOROUGH AUTHORITY A
4 PERMANENT EASEMENT, NOT TO EXCEED 25 FEET IN WIDTH, OVER,
5 THROUGH, AND IN THE REAL PROPERTY CONSTITUTING THE GROUNDS OF
6 THE RAILROAD MUSEUM OF PENNSYLVANIA, CONSISTING OF THE REAL
7 PROPERTY ACQUIRED BY THE GENERAL STATE AUTHORITY PURSUANT TO
8 DEEDS RECORDED AT THE OFFICE OF THE RECORDER OF DEEDS OF
9 LANCASTER COUNTY AT RECORD BOOK W, VOLUME 56, PAGE 212,
10 RECORD BOOK O, VOLUME 60, PAGE 527, AND RECORD BOOK D, VOLUME
11 57, PAGE 123.
12 (2) THE DEPARTMENT OF GENERAL SERVICES IS FURTHER
13 AUTHORIZED TO TRANSFER, CONVEY OR ASSIGN TO THE STRASBURG,
14 LANCASTER COUNTY, BOROUGH AUTHORITY ANY EASEMENT ACQUIRED BY
15 THE DEPARTMENT OF GENERAL SERVICES AS PART OF PROJECT NO. DGS
16 980-6 FOR PURPOSES OF THE CONSTRUCTION, OPERATION,
17 MAINTENANCE, REPAIR, AND REPLACEMENT OF THE WATER MAIN AND
18 APPURTENANCES.
19 (3) ALL OF THE ABOVE DESCRIBED EASEMENTS TO BE USED FOR
20 PURPOSES OF THE OPERATION, MAINTENANCE, REPAIR, AND
21 REPLACEMENT OF THE WATER MAIN AND APPURTENANCES TO BE
22 CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES AS PART OF
23 PROJECT NO. DGS 980-6.
24 (C) EXECUTION OF DEED.--ANY DEED OR OTHER CONVEYANCE
25 DOCUMENT EXECUTED PURSUANT TO THIS SECTION SHALL BE EXECUTED BY
26 THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
27 COMMONWEALTH OF PENNSYLVANIA.
28 (D) COVENANT TO REPAIR.--ANY DEED CONVEYING AN EASEMENT
29 OVER, THROUGH, AND IN THE GROUNDS OF THE RAILROAD MUSEUM OF
30 PENNSYLVANIA SHALL CONTAIN A COVENANT REQUIRING THE GRANTEE TO
20080H2158B4128 - 22 -
1 REPAIR, TO THE SATISFACTION OF THE COMMONWEALTH OF PENNSYLVANIA,
2 ANY DAMAGE TO THE EASEMENT AREA CAUSED BY THE GRANTEE'S
3 OPERATION, MAINTENANCE, REPAIR OR REPLACEMENT OF SAID WATER MAIN
4 AND APPURTENANCES.
5 (E) EASEMENTS OR LICENSES FOR PUBLIC SEWER SERVICE.--THE
6 DEPARTMENT OF GENERAL SERVICES IS FURTHER AUTHORIZED TO TRANSFER
7 AND CONVEY, WITH THE APPROVAL OF THE GOVERNOR, ANY EASEMENTS OR
8 LICENSES NECESSARY TO PROVIDE THE RAILROAD MUSEUM OF
9 PENNSYLVANIA WITH ACCESS TO PUBLIC SEWER SERVICE. ACCESS TO
10 PUBLIC SEWER SERVICE MAY BE PROVIDED BY MEANS OF A CONNECTION TO
11 PRIVATELY OWNED SEWER FACILITIES.
12 (F) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE
13 CONVEYANCES AUTHORIZED BY SUBSECTION (A) SHALL BE BORNE BY THE
14 COMMONWEALTH OF PENNSYLVANIA.
15 SECTION 6. CONVEYANCE IN CITY OF ALLENTOWN AND SALISBURY
16 TOWNSHIP, LEHIGH COUNTY.
17 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
18 THE APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF
19 TRANSPORTATION, IS HEREBY AUTHORIZED ON BEHALF OF THE
20 COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO PARKWOOD
21 REAL ESTATE TRUST LLC, APPROXIMATELY 1.645 ACRES INCLUDING A
22 BUILDING AND ALL IMPROVEMENTS THEREON, AS DESCRIBED IN
23 SUBSECTION (B), FOR $805,000, IN ACCORDANCE TO AN AGREEMENT OF
24 SALE DATED SEPTEMBER 12, 2007, WITH THE DEPARTMENT OF GENERAL
25 SERVICES, THE DEPARTMENT OF TRANSPORTATION AND PARKWOOD REAL
26 ESTATE TRUST LLC.
27 (B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED,
28 PURSUANT TO SUBSECTION (A) CONSISTS OF APPROXIMATELY 1.645
29 ACRES, BUILDING AND IMPROVEMENTS, MORE PARTICULARLY DESCRIBED AS
30 FOLLOWS AS SHOWN ON A PLAN TITLED "PLAN SHOWING PROPERTY OF THE
20080H2158B4128 - 23 -
1 COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF TRANSPORTATION,
2 LOCATED IN CITY OF ALLENTOWN AND SALISBURY TOWNSHIP, LEHIGH
3 COUNTY, PA," DATED NOVEMBER 6, 2007, BEARING FILE NO. S-11018,
4 AS PREPARED BY THE PIDCOCK COMPANY, CIVIL ENGINEERING AND LAND
5 PLANNING - ARCHITECTURE - LAND SURVEYING, OXFORD DRIVE AT FISH
6 HATCHERY ROAD, ALLENTOWN, PENNSYLVANIA:
7 BEGINNING AT THE INTERSECTION OF THE NORTHERLY LEGAL RIGHT-
8 OF-WAY LINE FOR LIMITED ACCESS FOR PENNSYLVANIA STATE ROUTE 0078
9 (VARIABLE WIDTH) WITH THE WESTERLY LEGAL RIGHT-OF-WAY LINE FOR
10 PENNSYLVANIA STATE ROUTE 2007, ALSO KNOWN AS OXFORD DRIVE (60.00
11 FEET WIDE), AND IN LINE OF LANDS OF THE COMMONWEALTH OF
12 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; THENCE ALONG THE
13 NORTHERLY LEGAL RIGHT-OF-WAY LINE FOR LIMITED ACCESS FOR
14 PENNSYLVANIA STATE ROUTE 0078 THE SEVEN FOLLOWING COURSES: (1) N
15 53 DEGREES 34 MINUTES 02 SECONDS W 58.25 FEET TO A POINT, (2) S
16 77 DEGREES 23 MINUTES 12 SECONDS W 210.41 FEET TO A POINT, (3) S
17 05 DEGREES 05 MINUTES 09 SECONDS W 22.50 FEET TO A POINT, (4) N
18 84 DEGREES 29 MINUTES 51 SECONDS W 275.01 FEET TO A POINT, (5) N
19 05 DEGREES 05 MINUTES 09 SECONDS E 14.50 FEET TO A POINT, (6) N
20 30 DEGREES 27 MINUTES 07 SECONDS W 43.01 FEET TO A POINT, AND
21 (7) N 83 DEGREES 51 MINUTES 55 SECONDS W 50.84 FEET TO A
22 CONCRETE MONUMENT IN LINE OF LANDS OF PARKWOOD REAL ESTATE TRUST
23 LLC; THENCE (8) ALONG LANDS OF THE PARKWOOD REAL ESTATE TRUST
24 LLC, N 39 DEGREES 54 MINUTES 00 SECONDS E 109.25 FEET TO A
25 CONCRETE MONUMENT IN THE SOUTHERLY PROPERTY LINE OF PARKWOOD
26 DRIVE (A PRIVATE ROAD); CONTINUING ALONG LANDS OF THE PARKWOOD
27 REAL ESTATE TRUST LLC AND ALONG THE SOUTHERLY PROPERTY LINE OF
28 PARKWOOD DRIVE THE EIGHT FOLLOWING COURSES: (9) ON A CURVE TO
29 THE LEFT HAVING A RADIUS OF 60.00 FEET (DELTA 118 DEGREES 48
30 MINUTES 33 SECONDS, TANGENT 101.47 FEET, CHORD N 70 DEGREES 30
20080H2158B4128 - 24 -
1 MINUTES 09 SECONDS E 103.29 FEET) FOR AN ARC DISTANCE OF 124.42
2 FEET TO A POINT OF REVERSE CURVATURE, (10) ON A CURVE TO THE
3 RIGHT HAVING A RADIUS OF 20.00 FEET (DELTA 82 DEGREES 49 MINUTES
4 09 SECONDS, TANGENT 17.64 FEET, CHORD N 52 DEGREES 30 MINUTES 27
5 SECONDS E 26.46 FEET) FOR AN ARC DISTANCE OF 28.91 FEET TO A
6 POINT OF TANGENCY, (11) S 86 DEGREES 04 MINUTES 58 SECONDS E
7 81.93 FEET TO A POINT OF CURVATURE, (12) ON A CURVE TO THE RIGHT
8 HAVING A RADIUS OF 175.00 FEET (DELTA 30 DEGREES 00 MINUTES 00
9 SECONDS, TANGENT 46.89 FEET, CHORD S 71 DEGREES 04 MINUTES 58
10 SECONDS E 90.59 FEET) FOR AN ARC DISTANCE OF 91.63 FEET TO A
11 POINT OF TANGENCY, (13) S 56 DEGREES 04 MINUTES 58 SECONDS E
12 101.82 FEET TO A POINT OF CURVATURE, (14) ON A CURVE TO THE LEFT
13 HAVING A RADIUS OF 150.00 FEET (DELTA 27 DEGREES 30 MINUTES 00
14 SECONDS, TANGENT 36.70 FEET, CHORD S 69 DEGREES 49 MINUTES 58
15 SECONDS E 71.31 FEET) FOR AN ARC DISTANCE OF 71.99 FEET TO A
16 POINT OF TANGENCY, (15) S 83 DEGREES 34 MINUTES 58 SECONDS E
17 40.41 FEET TO A POINT OF CURVATURE, AND (16) ON A CURVE TO THE
18 RIGHT HAVING A RADIUS OF 44.00 FEET (DELTA 60 DEGREES 00 MINUTES
19 00 SECONDS, TANGENT 25.40 FEET, CHORD S 53 DEGREES 34 MINUTES 58
20 SECONDS E 44.00 FEET) FOR AN ARC DISTANCE OF 46.08 FEET TO A
21 POINT OF TANGENCY IN THE WESTERLY RIGHT-OF-WAY LINE OF
22 PENNSYLVANIA STATE ROUTE 2007; THENCE (17) ALONG THE WESTERLY
23 RIGHT-OF-WAY LINE OF PENNSYLVANIA STATE ROUTE 2007, S 23 DEGREES
24 34 MINUTES 58 SECONDS E 40.32 FEET TO THE POINT OF BEGINNING.
25 CONTAINING 1.645 ACRES OR 71,652 SQUARE FEET.
26 (C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
27 SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
28 RIGHTS OF OTHERS, INCLUDING BUT NOT CONFINED TO STREETS,
29 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
30 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
20080H2158B4128 - 25 -
1 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
2 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
3 THE LAND OR IMPROVEMENTS ERECTED THEREON.
4 (D) LAND RESTRICTIONS.--ANY CONVEYANCE AUTHORIZED UNDER THIS
5 ACT SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
6 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
7 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
8 DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
9 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER STATE LAW. THE
10 CONDITION SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE
11 BINDING UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS. SHOULD THE
12 GRANTEE, ITS SUCCESSORS OR ASSIGNS, PERMIT ANY PORTION OF THE
13 PROPERTY AUTHORIZED TO BE CONVEYED IN THIS ACT TO BE USED IN
14 VIOLATION OF THIS SUBSECTION, THE TITLE SHALL IMMEDIATELY REVERT
15 TO AND REVEST IN THE GRANTOR.
16 (E) DEED OF CONVEYANCE.--THE DEED OF CONVEYANCE SHALL BE
17 EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
18 COMMONWEALTH OF PENNSYLVANIA.
19 (F) DEPOSIT OF PROCEEDS.--PROCEEDS FROM THIS CONVEYANCE
20 SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND.
21 (G) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THIS
22 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
23 (H) DISPOSAL.--IN THE EVENT THAT THIS CONVEYANCE IS NOT
24 EXECUTED IN ACCORDANCE WITH THE AGREEMENT OF SALE, THE PROPERTY
25 MAY BE DISPOSED OF IN ACCORDANCE WITH SECTION 2003 OF ACT OF
26 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
27 CODE OF 1929.
28 SECTION 7. CONVEYANCE IN CITY OF SCRANTON, LACKAWANNA COUNTY.
29 (A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
30 THE APPROVAL OF THE GOVERNOR, IS HEREBY AUTHORIZED ON BEHALF OF
20080H2158B4128 - 26 -
1 THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND CONVEY TO THE
2 COUNTY OF LACKAWANNA TRANSIT SYSTEM AUTHORITY (HEREINAFTER
3 COLTS) CERTAIN LANDS SITUATE IN THE CITY OF SCRANTON, LACKAWANNA
4 COUNTY, IN EXCHANGE FOR A CERTAIN TRACT OF LAND FROM COLTS
5 SITUATE IN THE CITY OF SCRANTON, LACKAWANNA COUNTY.
6 (B) DESCRIPTION.--THE PROPERTY TO BE CONVEYED TO COLTS UNDER
7 SUBSECTION (A) CONSISTS OF APPROXIMATELY 2.52 ACRES OF LAND AND
8 IMPROVEMENTS THEREON BOUNDED AND MORE PARTICULARLY DESCRIBED AS
9 FOLLOWS:
10 LOT 1A
11 BEGINNING AT A 3/4 INCH IRON PIN, THE INTERSECTION OF THE
12 SOUTHEASTERLY RIGHT-OF-WAY LINE OF CLIFF STREET WITH THE
13 SOUTHWESTERLY RIGHT-OF-WAY LINE OF LACKAWANNA AVENUE AS SHOWN ON
14 A PLAN TITLED, "THE COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF
15 GENERAL SERVICES - RD 1216 PG 289 - MINOR SUBDIVISION" DATED
16 JULY, 2005 AND PREPARED BY ACKER ASSOCIATES, INC.;
17 THENCE ALONG SAID LINE OF LACKAWANNA AVENUE SOUTH 51 DEGREES 28
18 MINUTES 04 SECONDS EAST FOUR HUNDRED SEVENTY-ONE AND FIVE
19 HUNDREDTHS (471.05 FEET) FEET TO A POINT IN LINE OF LANDS OF
20 SCRANTON MALL ASSOCIATES;
21 THENCE ALONG SAID LANDS SOUTH 38 DEGREES 37 MINUTES 01 SECOND
22 WEST ONE HUNDRED THREE AND ONE HUNDREDTH (103.01 FEET) FEET TO A
23 POINT IN LINE OF LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY;
24 THENCE ALONG SAID LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY THE
25 FOLLOWING FOUR (4) COURSES AND DISTANCES:
26 1. SOUTH 70 DEGREES 49 MINUTES 56 SECONDS WEST FIVE AND
27 NINETY-THREE HUNDREDTHS (5.93 FEET) FEET TO A POINT,
28 2. NORTH 88 DEGREES 44 MINUTES 38 SECONDS WEST FIFTY-SEVEN
29 AND SEVENTY-NINE HUNDREDTHS (57.79 FEET) FEET TO A POINT
30 OF CURVATURE,
20080H2158B4128 - 27 -
1 3. ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF NINE
2 HUNDRED EIGHTY-EIGHT AND THIRTY-ONE HUNDREDTHS (988.31
3 FEET) FEET FOR AN ARC LENGTH OF THREE HUNDRED SIXTY-ONE
4 AND FIFTY-ONE HUNDREDTHS (361.51 FEET) FEET (CHORD
5 BEARING AND DISTANCE BEING NORTH 68 DEGREES 51 MINUTES 46
6 SECONDS WEST 359.50 FEET) TO A POINT OF TANGENCY, AND
7 4. NORTH 53 DEGREES 36 MINUTES 54 SECONDS WEST EIGHTY AND
8 SEVEN HUNDREDTHS (80.07 FEET) FEET TO A POINT ON THE
9 SOUTHEASTERLY RIGHT-OF-WAY LINE OF CLIFF STREET;
10 THENCE ALONG SAID LINE OF CLIFF STREET NORTH 38 DEGREES 49
11 MINUTES 51 SECONDS EAST TWO HUNDRED FIFTY-THREE AND FIVE TENTHS
12 (253.50 FEET) FEET TO THE POINT OF BEGINNING.
13 CONTAINING 2.24 ACRES OF LAND BEING THE SAME, MORE OR LESS.
14 LOT 1B
15 BEGINNING AT A 5/8 INCH REBAR ON THE SOUTHEASTERLY RIGHT-OF-WAY
16 LINE OF CLIFF STREET, SAID POINT ALSO BEING A COMMON CORNER OF
17 LANDS THE NATIONAL PARK SERVICE AND LOT 1B AS SHOWN ON A PLAN
18 TITLED, "THE COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF
19 GENERAL SERVICES - RB 1216 PG 289 - MINOR SUBDIVISION" DATED
20 JULY, 2005 AND PREPARED BY ACKER ASSOCIATES, INC.;
21 THENCE ALONG SAID LINE OF CLIFF STREET NORTH 38 DEGREES 49
22 MINUTES 51 SECONDS EAST THIRTY-NINE AND TWENTY-SIX HUNDREDTHS
23 (39.26 FEET) FEET TO A POINT IN LINE OF LACKAWANNA COUNTY RAIL
24 AUTHORITY;
25 THENCE ALONG SAID LANDS OF LACKAWANNA COUNTY RAIL AUTHORITY THE
26 FOLLOWING TWO (2) COURSES AND DISTANCES:
27 1. SOUTH 51 DEGREES 32 MINUTES 09 SECONDS EAST ONE AND
28 FORTY-EIGHT AND THIRTY-NINE HUNDREDTHS (148.39 FEET) FEET
29 TO A POINT, AND
30 2. SOUTH 66 DEGREES 46 MINUTES 09 SECONDS EAST FIFTY-FIVE
20080H2158B4128 - 28 -
1 AND TWENTY-SIX HUNDREDTHS (55.26 FEET) FEET TO A POINT;
2 THENCE ALONG LOT 2 THE FOLLOWING THREE (3) COURSES AND
3 DISTANCES:
4 1. SOUTH 25 DEGREES 41 MINUTES 58 SECONDS WEST ELEVEN AND
5 FIFTY-NINE HUNDREDTHS (11.59 FEET) FEET TO A POINT,
6 2. SOUTH 39 DEGREES 59 MINUTES 28 SECONDS WEST FIFTY-EIGHT
7 AND FIVE HUNDREDTHS (58.05 FEET) FEET TO A POINT, AND
8 3. SOUTH 48 DEGREES 45 MINUTES 01 SECOND WEST TWENTY-TWO AND
9 NINETY-FIVE HUNDREDTHS (22.95 FEET) FEET TO A POINT IN
10 LINE OF LANDS OF THE NATIONAL PARK SERVICE;
11 THENCE ALONG SAID LANDS OF THE NATIONAL PARK SERVICE NORTH 40
12 DEGREES 40 MINUTES 45 SECONDS WEST TWO HUNDRED TWO AND FIVE
13 TENTHS (202.50 FEET) FEET TO THE POINT OF BEGINNING.
14 CONTAINING 12,315 SQUARE FEET (0.28 ACRES) OF LAND BEING THE
15 SAME, MORE OR LESS.
16 (C) EXCHANGE.--THE CONVEYANCE AUTHORIZED BY SUBSECTION (B)
17 SHALL BE IN EXCHANGE FOR THE CONVEYANCE, BY SPECIAL WARRANTY
18 DEED, FROM COLTS, TO THE COMMONWEALTH OF PENNSYLVANIA, ACTING BY
19 AND THROUGH ITS DEPARTMENT OF GENERAL SERVICES, OF ALL THAT
20 CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE CITY OF SCRANTON,
21 LACKAWANNA COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
22 FOLLOWS:
23 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
24 8TH WARD, CITY OF SCRANTON, COUNTY OF LACKAWANNA AND STATE OF
25 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
26 BEGINNING AT A POINT LOCATED ON THE NORTHEASTERLY SIDE OF
27 LACKAWANNA AVENUE, SAID POINT BEING ALSO LOCATED BY A BEARING OF
28 N 39 DEGREES 00 MINUTES W, AND A DISTANCE OF 138.0 FEET AS
29 MEASURED ALONG THE NORTHEASTERLY SIDE OF LACKAWANNA AVENUE FROM
30 ITS INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE
20080H2158B4128 - 29 -
1 D.L. & W. R.R.; THENCE, ALONG THE LINE OF LACKAWANNA AVENUE N 39
2 DEGREES 00 MINUTES W, 294.52 FEET TO A POINT OF INTERSECTION
3 WITH A CURVE MEASURED RADIALLY 100 FEET FROM THE CENTER LINE OF
4 THE D. & H. R.R. CO.; THENCE ON A CURVE TO THE LEFT PARALLEL TO
5 THE CENTER LINE OF SAID D. & H. R.R. AND 100 FEET THEREFROM,
6 SAID CURVE HAVING A RADIUS OF 750.14 FEET AND LENGTH OF 867.02
7 FEET WITH A LONG CHORD BEARING AND DISTANCE OF N 71 DEGREES 01
8 MINUTE E, 819.55 FEET TO A POINT; THENCE S 39 DEGREES 00 MINUTES
9 E, 45.04 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
10 OF THE D.L. & W. R.R.; THENCE ALONG SAID RIGHT-OF-WAY THE
11 FOLLOWING TWO COURSES AND DISTANCES (1) ON A CURVE TO THE RIGHT,
12 HAVING A RADIUS OF 4,037.11 AND LENGTH OF 278.15 AND A LONG
13 CHORD BEARING AND DISTANCE OF A 31 DEGREES 32 MINUTES W, 278.10
14 FEET AND (2) S 47 DEGREES 38 MINUTES W, 208.68 FEET TO A CORNER
15 OF OTHER LANDS OF THE S.R.A.; THENCE ALONG LANDS OF SAID S.R.A.,
16 THE FOLLOWING TWO COURSES AND DISTANCES (1) N 39 DEGREES 00
17 MINUTES W, 136.0 FEET AND (2) S 51 DEGREES 00 MINUTES W, 300.0
18 FEET TO THE PLACE OF BEGINNING.
19 CONTAINING 2.277 ACRES OF LAND MORE OR LESS AS SURVEYED BY
20 JOHN R. HENNEMUTH, REGISTERED CIVIL ENGINEER.
21 PARCEL 18-A
22 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
23 8TH WARD, CITY OF SCRANTON, COUNTY OF LACKAWANNA AND STATE OF
24 PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
25 BEGINNING AT A POINT LOCATED ON THE NORTHEASTERLY SIDE OF
26 LACKAWANNA AVENUE, SAID POINT BEING ALSO LOCATED BY A BEARING OF
27 N 39 DEGREES 00 MINUTES W AND A DISTANCE OF 138.00 FEET AS
28 MEASURED ALONG THE NORTHEASTERLY SIDE OF LACKAWANNA AVENUE FROM
29 ITS INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE
30 D. L. & W. R.R., SAID POINT BEING ALSO COMMON TO A CORNER OF
20080H2158B4128 - 30 -
1 PARCEL 18 OF THE S.R.A. AS SHOWN ON DRAWING D-14-72 BY JOHN R.
2 HENNEMUTH, P.E.; THENCE ALONG THE LINE OF PARCEL 18, N 51
3 DEGREES 00 MINUTES E, 300 FEET TO A CORNER; THENCE STILL ALONG
4 THE LINE OF PARCEL 18, S 39 DEGREES 00 MINUTES E, 6.0 FEET TO A
5 CORNER; THENCE OVER AND ACROSS OTHER LANDS OF THE S.R.A., S 51
6 DEGREES 00 MINUTES W, 300.0 FEET TO A POINT ON THE NORTHEASTERLY
7 SIDE OF LACKAWANNA AVENUE; THENCE ALONG THE SIDE OF SAID AVENUE
8 N 39 DEGREES 00 MINUTES W, 6.0 FEET TO THE PLACE OF BEGINNING.
9 CONTAINING 0.041 ACRES OF LAND AND SHOWN AS PARCEL 18-A ON
10 DRAWING B-22-72 BY JOHN R. HENNEMUTH, REGISTERED CIVIL ENGINEER.
11 CONTAINING 2.318 ACRES, MORE OR LESS.
12 THE CONVEYANCE DESCRIBED IN THIS SECTION SHALL BE MADE UNDER
13 AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES
14 AND RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
15 ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
16 ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
17 SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
18 VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
19 THE LAND OR IMPROVEMENTS ERECTED THEREON.
20 (D) EASEMENTS.--THE CONVEYANCE DESCRIBED IN SUBSECTION (B)
21 SHALL BE MADE UNDER AND SUBJECT TO ALL LAWFUL AND ENFORCEABLE
22 EASEMENTS, SERVITUDES AND RIGHTS OF OTHERS, INCLUDING, BUT NOT
23 CONFINED TO, STREETS, ROADWAYS AND RIGHTS OF ANY TELEPHONE,
24 TELEGRAPH, WATER, ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL
25 AS UNDER AND SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR
26 TENANCIES VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY
27 PORTION OF THE LAND OR IMPROVEMENTS ERECTED THEREON.
28 (E) SPECIAL WARRANTY DEED.--THE CONVEYANCE DESCRIBED IN
29 SUBSECTION (B) SHALL BE BY SPECIAL WARRANTY DEED AND SHALL BE
30 EXECUTED BY THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
20080H2158B4128 - 31 -
1 COMMONWEALTH OF PENNSYLVANIA.
2 (F) COVENANTS.--ANY CONVEYANCE AUTHORIZED UNDER SUBSECTION
3 (B) SHALL BE MADE UNDER AND SUBJECT TO THE CONDITION, WHICH
4 SHALL BE CONTAINED IN THE DEED OF CONVEYANCE, THAT NO PORTION OF
5 THE PROPERTY CONVEYED SHALL BE USED AS A LICENSED FACILITY, AS
6 DEFINED IN 4 PA.C.S. § 1103 (RELATING TO DEFINITIONS), OR ANY
7 OTHER SIMILAR TYPE OF FACILITY AUTHORIZED UNDER THE LAWS OF THIS
8 COMMONWEALTH. THE CONDITION SHALL BE A COVENANT RUNNING WITH THE
9 LAND AND SHALL BE BINDING UPON THE GRANTEE, ITS SUCCESSORS AND
10 ASSIGNS. SHOULD THE GRANTEE, ITS SUCCESSORS OR ASSIGNS PERMIT
11 ANY PORTION OF THE PROPERTY AUTHORIZED TO BE CONVEYED IN THIS
12 SECTION TO BE USED IN VIOLATION OF THIS SECTION, THE TITLE SHALL
13 IMMEDIATELY REVERT TO AND REVEST IN THE GRANTOR.
14 (G) COSTS AND FEES.--ALL COSTS AND FEES INCIDENTAL TO THE
15 CONVEYANCE AUTHORIZED BY THIS ACT SHALL BE BORNE BY THE GRANTEE.
16 (H) VOIDANCE.--IN THE EVENT THAT THE CONVEYANCE IS NOT
17 EXECUTED BY MAY 16, 2010, THE AUTHORIZATION CONTAINED IN THIS
18 SECTION SHALL BECOME NULL AND VOID.
19 Section 8 3 8. Effective date. <--
20 This act shall take effect immediately.
A3L85JAM/20080H2158B4128 - 32 -