Pennsylvania Act 2002-191 — CONVEYANCE - COMMONWEALTH PROPERTY IN WAYNE COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN WAYNE COUNTY
                 Act of Dec. 9, 2002, P.L. 1503, No. 191              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor and the Department of Corrections,
        to grant and convey a 50-year easement of certain lands
        situate in Canaan Township, Wayne County, to Waymart Wind
        Farm L.P.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of General Services, with the
     approval of the Governor and the Department of Corrections, is
     hereby authorized on behalf of the Commonwealth of Pennsylvania
     to grant and convey to Waymart Wind Farm L.P., 405 14th Street,
     Suite 712, Oakland, California 94612, for an annual
     consideration of $400, a 50-year easement for an electric
     transmission line on a parcel of land situate in Canaan
     Township, Wayne County, on the grounds of the State Correctional
     Institution at Waymart, south of State Route 0006 as described
     in section 2, all in accordance with a proposed easement
     agreement with the Department of General Services.
        Section 2.  The property to be conveyed pursuant to section 1
     consists of approximately 1.9482 acres of land bounded and
     described according to a metes and bounds description prepared
     by Alfred K. Bucconear, Registered Professional Land Surveyor,
     more particularly described as follows:
        ALL that certain piece, parcel or tract of land lying,
     situate and being in the Township of Canaan, County of Wayne and
     Commonwealth of Pennsylvania, bounded and described as follows,
     to wit:
        BEGINNING at a point, located in the center of the right of
     way of U.S. Traffic Route 6/State Route 0006/Roosevelt Highway,
     said point being further distinguished as being located, the
     following curvilinear course and distance (measured along the
     center of the aforesaid right of way), namely, along the arc of
     a curve to the left, in a southeasterly direction, having a
     central angle of 03 degrees 38 minutes 13 seconds, with the
     radius of 1432.690 feet, a distance or arc length of 90.937
     feet, from the southeasterly corner of a certain lot, containing
     2.7580 acres of land, excepted and reserved, to the Commonwealth
     of Pennsylvania, in a certain proposed DEED/INDENTURE of
     conveyance to Pennsylvania/Philadelphia Suburban Water Company;
        thence, along the center of the right of way of the aforesaid
     U.S. Traffic Route 6, the following two curvilinear courses and
     distances; along the arc of a curve to the left, in a
     southeasterly direction, having a central angle of 00 degrees 39
     minutes 26 seconds, with a radius of 1432.690 feet, a distance
     or arc length of 16.437 feet to a point, being the center of the
     subject easement herein, and
        thence, continuing along the arc of a curve to the left, in a
     southeasterly direction, having a central angle of 00 degrees 39
     minutes 15 seconds, with a radius of 1432.690 feet, a distance
     or arc length of 16.354 feet to a point,
        thence, departing from the aforesaid U.S. Traffic Route 6 and
     through lands of the Commonwealth of Pennsylvania, South 11
     degrees 11 minutes 06 seconds East (crossing a certain drainage
     and, also, crossing a certain private access roadway) 746.076
     feet to a point;
        thence, continuing through lands of the aforesaid
     Commonwealth of Pennsylvania, South 36 degrees 49 minutes 49
     seconds West (crossing a certain public highway, designated as
     PA L.R.63086/State Route 3030/Carbondale Road) 2243.806 feet to
     a point, located on common bounds of lands of Catherine Ann
     Harding et vir, et al (Record Book 537, Page 280), said point
     being further distinguished as being located, North 31 degrees
     16 minutes 31 seconds East (measured along common bounds of
     lands of the aforesaid Harding et al) 3058.541 feet, from a
     spike set at the base of a wood stake found in stones corner,
     being the southeasterly corner of land of the aforesaid Harding
     et al;
        thence, along common bounds of lands of the aforesaid Harding
     et al, North 31 degrees 16 minutes 31 seconds East 154.953 feet
     to a point, being the center of the subject easement herein;
     thence, continuing along common bounds of lands of the aforesaid
     Harding et al, North 31 degrees 16 minutes 31 seconds East
     154.953 feet to a point;
        thence, through lands of the aforesaid Commonwealth of
     Pennsylvania, North 36 degrees 49 minutes 49 seconds East
     (crossing the aforesaid PA L.R.63086) 1921.995 feet to a point;
        thence, continuing through lands of the aforesaid
     Commonwealth of Pennsylvania, North 11 degrees 11 minutes 06
     seconds West (crossing the aforesaid private access roadway and
     drainage) 745.951 feet to the place of BEGINNING.
        CONTAINING, within bounds, 1.9482 acres of land.
        Section 3.  The easement conveyance shall be made under and
     subject to all lawful and enforceable easements, servitudes and
     rights of others, including, but not confined to, streets,
     roadways and rights of any telephone, telegraph, water,
     electric, sewer, gas or pipeline companies, as well as under and
     subject to any lawful interest, enforceable estates or tenancies
     vested in third persons whether or not appearing of record for
     any portion of the land or improvements erected thereon.
        Section 4.  The easement conveyance shall be approved as
     provided by law and shall be executed by the Secretary of
     General Services in the name of the Commonwealth of
     Pennsylvania.
        Section 5.  The proceeds of this 50-year easement shall be
     paid into the General Fund.
        Section 6.  Costs and fees incidental to this conveyance
     shall be borne by the grantee.
        Section 7.  This act shall take effect immediately.