PRINTER'S NO. 403
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
434
Session of
2019
INTRODUCED BY SCAVELLO, MARCH 12, 2019
REFERRED TO STATE GOVERNMENT, MARCH 12, 2019
AN ACT
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. 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
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appurtenant facilities, under terms and conditions to be
established in separate easement agreements.
(b) Description of easements by the Department of General
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
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207.96 feet to a point;
Thence through the same, South 02°06'53" West a distance of
107.22 feet to a point;
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;
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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
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,
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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
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;
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(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
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
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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)
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
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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. 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
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point;
(7) South 51° 17' 19" West a distance of 36.34 feet to a
point;
(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
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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
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
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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
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
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point, the place of BEGINNING.
Containing an area of 100 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 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
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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
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
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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) 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
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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
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
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this subsection, the authorization contained under this section
shall expire.
Section 2. Effective date.
This act shall take effect immediately.
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