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PRINTER'S NO. 2635
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1896
Session of
2019
INTRODUCED BY HENNESSEY, SEPTEMBER 30, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 30, 2019
AN ACT
Authorizing the Department of General Services, with the
approval of the Governor, to release a use restriction and
reversionary interest affecting certain real property situate
in the Township of East Vincent, Chester County, to
facilitate the grant and conveyance of the real property from
the Owen J. Roberts School District to Pennsylvania American
Water Company.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Authorization for release affecting property in
Chester County.
(a) Authorization.--The Department of General Services, with
the approval of the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to release the use restriction
and associated reversionary interest affecting certain real
property previously conveyed to the Owen J. Roberts School
District by the Commonwealth of Pennsylvania, through the
Department of General Services, pursuant to the authority
contained in section 1 of Act 41 of 1996, on such terms,
conditions and for such consideration as is acceptable to the
Secretary of General Services, so that the Owen J. Roberts
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School District can grant and convey to Pennsylvania American
Water Company the subject real property for the construction of
a water treatment facility for no less than fair market value as
established by an independent appraisal. The use restriction and
associated reversionary interest to be released is specifically
set forth in section 1(e) of Act 41 of 1996.
(b) Property description.--The real property to be released
from the use restriction and associated reversionary interest
and conveyed by Owen J. Roberts School District to Pennsylvania
American Water Company is situate in the Township of East
Vincent, Chester County, bounded and described as follows:
All that certain tract of land situate along the southerly
side of Brown Drive and the westerly side of Pennhurst Road in
the Township of East Vincent, County of Chester, Commonwealth of
Pennsylvania, bounded and described as follows:
Beginning at a spike (set) marking the intersection of the
titleline of Pennhurst Road (proposed right-of-way to be 50 feet
wide) and the titleline in Brown Drive (proposed right-of-way to
be 50 feet wide);thence from the place of beginning, along the
titleline in Pennhurst Road, south 11 degrees 5 minutes 52
seconds east 1,018.78 feet to a spike (set) for a corner of
remaining lands of the Commonwealth of Pennsylvania, thence
along the same, crossing the proposed westerly right-of-way line
of Pennhurst Road 25.05 feet distant and extending along the
northerly side of a proposed 25 foot-wide access right-or-way,
the six following courses and distances: (1) south 75 degrees 26
minutes 3 seconds west 50.89 feet to an iron pin (set), (2)
south 80 degrees 49 minutes 35 seconds west 89.60 feet to an
iron pin (set), (3) south 83 degrees 59 minutes 34 seconds west
425.56 feet to an iron pin (set), (4) south 80 degrees 35
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minutes 53 seconds west 128.88 feet to an iron pin (set), (5)
south 80 degrees 27 minutes west 106.10 feet to an iron pin
(set), and (6) north 84 degrees 45 minutes west 370.14 feet to
an iron pin (set) in line of lands of Spring Hollow Golf Course,
Inc.; thence along the same, north 3 degrees 42 minutes 57
seconds east 456.84 feet to a concrete monument (found), a
corner of lands of David A. Buchanan; thence along the same,
north 4 degrees 10 minutes 57 seconds east 534.24 feet to a
spike (found) in the aforementioned titleline in Brown Drive,
having crossed an iron pin set at the southerly proposed right-
of-way line of Brown Drive, 25.11 feet distant from the last
mentioned spike; thence along the titleline in Brown Drive,
north 88 degrees 56 minutes 46 seconds east 133.32 feet to a
point of curve, and continuing along the titleline in Brown
Drive, along a curve to the left, having a radius of 3,020 feet,
through a central angle of 3 degrees 44 minutes 56 seconds and
an arc distance of 197.60 feet (Chord; north 87 degrees 4
minutes 18 seconds east 197.57 feet to a spike (set) for a
corner of still other remaining lands of the Commonwealth of
Pennsylvania, which includes an existing dwelling and various
outbuildings; thence along the same, the three following courses
and distances; (1) recrossing the southerly proposed right-of-
way line of Brown Drive, 25.04 feet distant, south 7 degrees 56
minutes 55 seconds east 230.60 feet to an iron pin (set), (2)
north 82 degrees 3 minutes 5 seconds east 326.70 feet to an iron
pin (set), and (3) north 7 degrees 56 minutes 55 seconds west
225 feet to a spike (set), again in the titleline in Brown
Drive, having crossed the proposed southerly right-of-way line
25 feet distant from the last mentioned spike; thence again
along the titleline in Brown Drive, north 81 degrees 41 minutes
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59 seconds east 244.23 feet to the place of beginning.
Containing 22.4623 acres gross or 21.5574 acres net of land.
UNDER AND SUBJECT to all easements, servitudes and rights of
others, including but not confined to streets, roadways, and
rights of any telephone, telegraph, water, electric, sewer, gas
or pipeline companies, as well as under and subject to any
interest, estates, or tenancies vested in third persons, whether
or not appearing of record, for any portion of the land or
improvements erected thereon.
RIGHTS-OF-WAY - The property being conveyed shall include the
following rights-of-way which were granted to the Owen J.
Roberts School District:
(1) Pennhurst Road as described below:
All that certain right-of-way referred to as Pennhurst Road
situate in the Township of East Vincent, County of Chester,
Commonwealth of Pennsylvania, bounded and described according to
a survey and subdivision plan by Conver and Smith Engineering,
Inc., Royersford, Pennsylvania, dated June 30, 1995, last
revised March 4, 1996, Plan No. D-95-032, Sheet 2 of 2.
Beginning at the intersection of the titleline in the
hereindescribed Pennhurst Road (50 feet wide) and the southerly
right-of-way line of Brown Drive (50 feet wide), the said corner
being also south 11 degrees 5 minutes 52 seconds east 25.03 feet
from the intersection of the titleline in Pennhurst Road and the
titleline in Brown Drive; thence from the place of beginning,
along the southerly right-of-way line of Brown Drive, north 81
degrees 41 minutes 59 seconds east 46.03 feet to a corner;
thence along the easterly right-of-way line of Pennhurst Road,
the five (5) following courses and distances; (1) along a curve
to the southeast, having a radius of 20-feet, through a central
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angle of 92 degrees 47 minutes 51 seconds and an arc distance of
32.39 feet (Chord: south 35 degrees 18 minutes 3 seconds west
28.97 feet) to a point of tangent, (2) crossing the westerly
terminus of Dunlap Road, near the end of this course, south 11
degrees 5 minutes 52 seconds east 1,021.35 feet to a corner, (3)
south 11 degrees 53 minutes 58 seconds east 698.13 feet to a
point of curve, (4) along a curve to the right, having a radius
of 1350 feet, through a central angle of 9 degrees 3 minutes 25
seconds and an arc distance of 213.40 feet (Chord: south 7
degrees 22 minutes 16 seconds east 213.18 feet) to a point of
tangent, and (5) south 2 degrees 50 minutes 33 seconds east
36.02 feet, more or less, to a corner; thence crossing the
northerly terminus of the public portion of Pennhurst Road (T-
483-33 feet wide), south 86 degrees 52 minutes 4 seconds west 50
feet to a corner on the westerly right-of-way of the
hereindescribed Pennhurst Road; thence along the same , the five
(5) following courses and distances: (1) north 2 degrees 50
minutes 33 seconds west 36.27 feet, more or less, to a point of
curve, (2) along a curve to the left, having a radius of 1300
feet, through a central angle of 9 degrees 3 minutes 25 seconds
and an arc distance of 205.50 feet (Chord: north 7 degrees 22
minutes 16 seconds west 205.28 feet) to a point of tangent, (3)
north 11 degrees 53 minutes 58 seconds west 698.48 feet to a
corner, (4) crossing the easterly terminus of a certain 25-foot
wide access right-of-way, north 11 degrees 5 minutes 52 seconds
west 1026.10 feet to a point of curve, and (5) along a curve to
the left, having a radius of 20 feet, through a central angel of
87 degrees 12 minutes 9 seconds and an arc distance of 30.44
feet (Chord: north 54 degrees 41 minutes 56 seconds west 27.59
feet) to a point of tangent on the aforementioned southerly
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right-of-way line of Brown Drive; thence along the same, north
81 degrees 41 minutes 59 seconds east 44.08 feet to the place of
beginning.
(2) Brown Drive as described below:
All that certain right-of-way referred to as Brown Drive
situate in the Township of East Vincent, County of Chester,
Commonwealth of Pennsylvania, bounded and described according to
a survey and subdivision plan by Conver and Smith Engineering,
Inc., Royersford, Pennsylvania, dated June 30, 1995, last
revised March 4, 1996, Plan No. D-95-032, sheet 2 of 2.
Beginning at the intersection of the southerly right-of-way
line of the herein-described Brown Drive (50 feet wide) and the
titleline in Pennhurst Road; (50 feet wide); the said corner
being also south 11 degrees 5 minutes 52 seconds east 25.03 feet
from the intersection of the titleline in Brown Drive and the
titleline in Pennhurst Road; thence from the place of beginning,
along the southerly right-of-way line of Brown Drive, the four
(4) following courses and distances: (1) south 81 degrees 41
minutes 59 seconds west 245.61 feet to a corner, (2) south 82
degrees 24 minutes 11 seconds west 179.67 feet to a point of
curve, (3) along a curve to the right, having a radius of 3045
feet, through an central angle of 6 degrees 32 minutes 35
seconds and an arc distance of 347.73 feet (Chord: south 85
degrees 40 minutes 28 seconds west 347.54 feet) to a point of
tangent, and (4) south 88 degrees 56 minutes 46 seconds west
135.61 feet to a corner in line of lands of David A. Buchanan
which are located southerly of Brown Drive; thence along the
same and also along lands of Citizens Utilities Home Water
Company which are located northerly of Brown Drive, also
crossing the eastern terminus of that portion of Brown Drive
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which is currently public right-of-way, north 4 degrees 10
minutes 57 seconds east 50.22 feet to a corner on the northerly
side of the herein-described right-of-way of Brown Drive; thence
along the same, the four (4) following courses and distances:
(1) north 88 degrees 56 minutes 46 seconds east 131.03 feet to a
point of curve, (2) along a curve to the left, having a radius
of 2995 feet, through a central angle of 6 degrees 32 minutes 35
seconds, and an arc distance of 342.02 feet (Chord: north 85
degrees 40 minutes 28 seconds east 341.84 feet) to a point of
tangent, (3) north 82 degrees 24 minutes 11 seconds east 179.36
feet to a corner, and (4) partly crossing the terminus of
Commonwealth Drive (a private road), North 81 degrees 41 minutes
59 seconds east 291.33 feet to a corner; thence crossing the bed
of the herein-described Brown Drive; south 8 degrees 18 minutes
1 second east 50 feet to a corner on the aforementioned
southerly right-of-way line of Brown Drive; thence along the
same, south 81 degrees 41 minutes 59 seconds west 46.03 feet to
the place of beginning.
(c) Description of restriction and reversionary interest to
be released.--The use restriction and associated reversionary
interest to be released is set forth in section 1(e) of Act 41
of 1996 and states as follows:
UNDER AND SUBJECT to a restriction that the property be used
for educational purposes only. If the Grantee or successor in
function uses the property for non-educational purposes, leases
the land for non-educational or nonagricultural purposes, or
attempts to sell the property within 25 years from the date the
property is deeded to the Grantee, the property shall
immediately revert to and revest in the Commonwealth of
Pennsylvania. This restriction shall cease 25 years after the
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date the property is deeded to the Grantee.
(d) Legal instruments.--Any legal instruments necessary to
release the use restriction and reversionary interest shall be
executed by the Secretary of General Services in the name of the
Commonwealth of Pennsylvania.
(e) Costs and fees.--Any costs and fees incidental to the
release hereby authorized shall be borne by the grantee.
(f) Proceeds.--Any proceeds received by the Department of
General Services for the release hereby authorized shall be
deposited into the General Fund.
Section 2. Effective date.
This act shall take effect immediately.
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