act-2002-0-119•Pennsylvania Act 2002-119 — CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN, CHESTER, WAYNE AND LACKAWANNA COUNTIES
Pennsylvania Act 2002-119 — CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN, CHESTER, WAYNE AND LACKAWANNA COUNTIES
act-2002-0-1192002 Pa. Act 119Law
Act text
CONVEYANCE - COMMONWEALTH PROPERTY IN FRANKLIN, CHESTER, WAYNE AND
LACKAWANNA COUNTIES
Act of Oct. 2, 2002, P.L. 817, No. 119 Cl. 85
AN ACT
Authorizing and directing the Department of General Services,
with the approval of the Governor, to grant and convey to
Kittochtinny Historical Society, Inc., certain lands situate
in Antrim Township, Franklin County; authorizing the
Department of General Services, with the approval of the
Department of Transportation and the Governor, to grant and
convey to the West Chester Area School District certain lands
in West Goshen Township, Chester County; and authorizing and
directing the Department of General Services, with the
approval of the Governor, to grant and convey to Pennsylvania
Suburban Water Company (as successor to Philadelphia Suburban
Water Company by merger) certain lands situate in Canaan
Township, Wayne County, and Carbondale and Fell Townships in
Lackawanna County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Antrim Township.
(a) Authorization.--The Department of General Services, with
the approval of the Governor, is hereby authorized and directed
on behalf of the Commonwealth of Pennsylvania to grant and
convey to Kittochtinny Historical Society, Inc., certain land
and buildings described in subsection (b) for fair market value
as determined by independent appraisal in accordance with an
Agreement of Sale dated February 16, 2001.
(b) Property description.--The property to be conveyed
pursuant to this section consists of approximately 0.24 acres
and a stone one-room schoolhouse, bounded and more particularly
described as follows:
BEGINNING at an iron pin at the intersection of a public road
with the public road leading to Kauffman's Station; thence along
line in the first mentioned public road north 45 degrees east 50
feet to an iron pin; thence along lands now or formerly of the
School district of Antrim Township south 47 degrees east 143.4
feet to a post; thence along lands of the Old Brown's Mill grave
yard south 67 degrees west 125.4 feet to a point in the said
road leading to Kauffman's Station; thence along line in said
road north 13.25 degrees west 115.5 feet to an iron pin the
place of BEGINNING.
CONTAINING 0.24 acres more or less.
AND BEING the same land conveyed to the Commonwealth of
Pennsylvania by deed of the Old Brown's Mill School Memorial
Association, dated September 17, 1962, and recorded in Franklin
County, Deed Book Volume 566 at page 131.
(c) Conditions of conveyance.--The 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, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record for any portion of
the land or improvements erected thereon.
(d) Restrictive clauses of deed.--The deed of conveyance
shall contain the following restrictive clauses:
(1) UNDER AND SUBJECT to the condition that the lands
conveyed herein shall be used for historical
exhibition/public purposes only. Should the Grantee allow the
lands conveyed to be used for any other purpose, or attempts
to convey the Premises, title shall immediately revert to and
revest in the Grantor. However, the Grantor and Grantee, or
their successors and assigns, agree that should the within
named Grantee, or its successors, dissolve or cease to remain
in existence, then the Grantee, or its successors, may allow
title to the above-described real estate to be conveyed to a
successor organization that has the same objectives, purposes
and goals as the Grantee, said conveyance to be subject to
the other covenants and restrictions set forth in this deed.
(2) UNDER AND SUBJECT to the condition that the Grantee
shall ensure that any design for new construction,
rehabilitation, alteration or demolition work on the property
is compatible with its original architectural design and
landscape/site plan in terms of scale, massing, fenestration,
materials and color and is consistent with the recommended
approaches in the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings as revised in 1995. Further, no new construction,
demolition, alteration, remodeling or landscaping/site work
shall be undertaken or permitted to be undertaken on the
property without the prior written approval of the PA
Historical and Museum Commission and signed by a duly
authorized representative thereof.
(e) Execution of deed.--The deed of conveyance shall be by
Special Warranty Deed and shall be executed by the Secretary of
General Services in the name of the Commonwealth of
Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the Grantee.
(g) Time period for conveyance.--In the event that this
conveyance is not executed within 12 months of the effective
date of this act, the property may be disposed of in accordance
with Article 2406-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
Section 2. Conveyance in West Goshen Township, Chester County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Transportation and the
Governor, is hereby authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey to the West Chester Area School
District the Department of Transportation's Chester County
Maintenance Facility, land and buildings described in subsection
(b) for fair market value as determined by independent
appraisal.
(b) Legal description of land.--The property to be conveyed
pursuant to this section consists of the Department of
Transportation's Chester County Maintenance Facility, bounded
and more particularly described as all that certain piece or
parcel of land in West Goshen Township, Chester County,
Pennsylvania, bounded and described as follows:
PARCEL 1
BEGINNING at a point, an iron pipe, in the lands of Edward
Haley and Thomas F. Haley (Deceased) on the production of the
north building line of Biddle Street, said point being 16.11
feet in an easterly direction from a brass plug in the concrete
roadway of State Highway Application 7326; thence along said
State Highway Application N. 23 degrees W. a distance of 330.31
feet to an iron pipe, the corner of lands of Edward Haley and
Thomas F. Haley (Deceased) and the West Chester Nursery Company;
said iron pipe being 16.11 feet in an easterly direction from a
brass plug in the concrete roadway of State Highway Application
7326; thence by the lands of Edward Haley and Thomas F. Haley,
(Deceased) and the West Chester Nursery Company N. 67 degrees E.
a distance of 534.00 feet to a concrete monument in the line of
lands of Hannah Parker; thence by the lands of Edward Haley, and
Thomas F. Haley (Deceased) and Hannah Parker S. 26 degrees 52
minutes 42 seconds E. a distance of 131.13 feet to a point;
thence by the lands of Edward Haley and Thomas F. Haley
(Deceased) and George H. Kelling S. 26 degrees 52 minutes 42
seconds E. a distance of 59 feet to a point; thence thru the
lands of Edward Haley and Thomas F. Haley (Deceased) S. 26
degrees 52 minutes 42 seconds E. a distance of 52.00 feet to an
iron pipe; thence continuing thru the lands of Edward Haley and
Thomas F. Haley (Deceased) S. 22 degrees 05 minutes E. a
distance of 86.07 feet, to an iron pipe on the production of the
North Building Line of Biddle Street; thence along the
production of the north building line of Biddle Street, thru the
lands of Edward Haley and Thomas F. Haley (Deceased) S. 66
degrees 44 minutes W. a distance of 542.00 feet to the point of
BEGINNING.
Containing 4.110 acres, be the same more or less.
PARCEL 2
TRACT 1 - BEGINNING at an iron pipe on the easterly side of
Montgomery Avenue, State Application 7326, said pipe being on
the legal right of way line and on the line dividing the lands
of Edward D. Haley and the Commonwealth of Pennsylvania,
Department of Highways; thence along lands of the said
Commonwealth of Pennsylvania, Department of Highways, North
sixty six degrees, forty four minutes East, a distance of five
hundred forty nine (549.00) feet to an iron pipe in the line of
lands of E. Duie Pyle South twenty two degrees, five minutes
East, a distance of one hundred fifty six and thirty hundreths
(156.30) feet to an iron pipe; thence South sixty seven degrees
West, a distance of five hundred forty six and fifty hundredths
(546.50) feet to an iron pipe on the easterly side of said
Montgomery Avenue, State Aid Application 7326; thence along the
legal right of way line of said Montgomery Avenue, State Aid
Application 7326, North twenty three degrees West, a distance of
one hundred fifty three and forty four hundredths (153.44) feet
to the point of BEGINNING and containing one and nine thousand
four hundred fifty four ten thousandths (1.9454) acres more or
less, with the privilege of entering upon adjoining land to
clean the aforesaid ditch and subject to the privilege to the
owners of adjoining land through which the said ditch passes of
entering upon the lots hereby granted and cleaning the said
ditch whenever it may become obstructed.
TRACT 2 - BEGINNING at an iron pipe on the easterly side of
Montgomery Avenue, State Aid Application 7326, said pipe being
on the legal right of way line and the line of lands of Edward
D. Haley; thence North sixty seven degrees East, a distance of
five hundred forty six and fifty hundredths (546.50) feet to an
iron pipe in line of lands of E. Duie Pyle; thence along the
lands of E. Duie Pyle South seventeen degrees forty four minutes
East, a distance of eighteen and ninety nine hundredths (18.99)
feet to an iron pipe in the line of lands of the West Chester
Paper Box Company, Inc.; thence along the lands of said West
Chester Paper Box Company Inc. and Edward D. Haley South sixty
seven degrees, six minutes, thirty seconds West, a distance of
five hundred forty five (545.00) feet to an iron pipe on the
easterly side of said Montgomery Avenue, State Aid Application
7326; thence along the legal right of way line of said
Montgomery Avenue, State Aid Application 7326, North twenty
three degrees West, a distance of seventeen and eighty eight
hundredths (17.88) feet to the point of BEGINNING and containing
two thousand two hundred forty one ten thousandths (0.2241)
acres more or less, with the privilege of entering upon
adjoining land to clean the aforesaid ditch and subject to the
privilege to the owners of adjoining land through which the said
ditch passes of entering upon the lots hereby granted and
cleaning said ditch whenever it may become obstructed.
(c) Conditions.--The 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, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record for any portion of
the land or improvements erected thereon.
(d) Deed.--The deed of conveyance shall be by Special
Warranty Deed and shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(e) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the Grantee.
(f) Deposit of proceeds.--The proceeds from the sale shall
be deposited in the Motor License Fund to pay for costs and fees
incurred for a new Chester County Maintenance Facility as well
as the costs and fees incurred by the Department of General
Services as authorized under section 2406-A of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative Code of
1929.
(g) Alternate disposition.--In the event that this
conveyance is not executed within 12 months of the effective
date of this act, the property may be disposed of in accordance
with section 2406-A of the Administrative Code of 1929. The
proceeds from the sale shall be deposited in accordance with
subsection (f).
Section 3. Conveyance in Wayne County and Lackawanna County.
(a) Conveyance authorized.--The Department of General
Services, with the approval of the Governor, is hereby
authorized and directed on behalf of the Commonwealth of
Pennsylvania to grant and convey to Pennsylvania Suburban Water
Company (as successor to Philadelphia Suburban Water Company by
merger) certain lands and improvements thereon situate on the
grounds of the State Correctional Institution at Waymart, north
of State Route 0006 and described in subsection (b), along with
a water utility easement on the grounds of the State
Correctional Institution at Waymart as more fully described in
subsection (c), subject to such consideration and terms as are
provided in a Lease with Option to Purchase Agreement with the
Department of General Services, dated March 12, 2002.
(b) Property description.--The property to be conveyed
pursuant to this section consists of approximately 390 acres of
land bounded and described according to a metes and bounds
description prepared by Alfred K. Bucconear, Registered
Professional Land Surveyor. These lands are comprised of six
tracts more particularly described as follows:
TRACT ONE
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 the southerly corner of a tract of land in the
warrantee name of James Chapman, being also a northerly corner
of a tract of land in the warrantee name of Benjamin Mason;
thence south nine and one quarter degrees east sixty nine and
nine tenths rods to a corner; thence by a parcel of land
containing one acre, heretofore conveyed by the President,
Managers and Company of the Delaware and Hudson Canal Company to
J. B. Fitzsimmons, north seventy six degrees west eight and
ninety five one hundredths rods, south nine and one quarter
degrees east twenty rods, south seventy six degrees east seven
and thirty five one hundredths rods to a corner on the northerly
side of the Honesdale and Clarksville Turnpike; thence south six
and one half degrees west sixteen and five tenths rods or
thereabouts to the center of the Old Gravity Plane No. 20,
thence up the center of said Old Gravity Plane No. 20 twenty
nine rods to the center of the highway crossing said plane;
thence south westerly along the center of the said highway two
hundred feet to a corner; thence north westerly parallel with
the center line of the Old Gravity Plane No. 20, four hundred
and eighty feet or thereabouts to a point distant one hundred
feet, north easterly at right angles, from the center of the
main line on the Honesdale Division of the Delaware and Hudson
Company; thence in a north westerly direction by a line parallel
with and distant one hundred feet north easterly at right angles
from the center of said main line to the south easterly line of
a tract of land in the warrantee name of Henry Ellis; thence in
a north westerly direction eight hundred and twenty feet or
thereabouts to a stone post marking the north easterly corner of
a tract of land heretofore conveyed to the Delaware and Hudson
Canal Company, by Thomas Thomas, etal by deed dated December 1,
1857; thence north forty seven degrees east ninety eight rods to
a corner in the southwesterly line of said James Chapman tract;
and thence by the said line of said tract south forty four and
three quarters degrees east two hundred and thirteen (213) rods
to the place of Beginning. Being part of two tracts of land in
the warrantee names of Henry Ellis and Benjamin Mason; and
containing one hundred and sixty four (164) acres of land or
thereabouts; and being part of a larger tract of land conveyed
to the President, Managers and Company of the Delaware and
Hudson Canal Company by Lucy Rogers and others, by deed dated
March 31, 1857, and recorded in the office for the recording of
deeds & etc. in and for Wayne County, in Deed Book No. 25, Page
52, as by reference thereto will more fully appear.
BEING part of the same premises which The Delaware And Hudson
Company (Formerly The President, Managers, and Company of the
Delaware and Hudson Canal Company), by indenture, dated February
19, 1907, and recorded in Wayne County Deed Book Volume 97 at
Page 98, granted, conveyed, released and remised to The
Commonwealth of Pennsylvania, GRANTOR herein.
EXCEPTING AND RESERVING, unto the GRANTOR herein, its
successors and assigns, all lands of Tract One, which are
located southerly of the center of the right of way of ROUTE
6/STATE ROUTE 0006.
EXCEPTING AND RESERVING, unto the GRANTOR herein, its
successors and assigns, a certain parcel of land, described as
follows, to wit:
BEGINNING at a point or corner, located in the center of the
right of way of Route 6/State Route 0006, at the intersection,
with a certain entrance/exit roadway, leading south, into and
through, lands of the Commonwealth of Pennsylvania (D.B. 97,
P.98 - The First (Parcel) Thereof:); thence, along the center of
the right of way of the aforesaid Route 6/State Route 0006, the
following two, curvilinear and/or chord, courses and distances:
Along the arc of a curve to the right, in a northwesterly
direction, having a central angle of 11 degrees 35 minutes 51
seconds, with a radius of 1432.69 feet, a distance or arc length
of 290.00 feet to a point or corner and North 61 degrees 29
minutes 09 seconds West 85.01 feet to a point or corner; thence,
departing from said public highway and through lands of the
Commonwealth of Pennsylvania (D.B. 97, P. 98 - The First
(Parcel) Thereof:); the following four courses and distances:
North 27 degrees 36 minutes 54 seconds East 403.77 feet to an
iron pin corner set, located southwesterly of a certain private
roadway; thence, South 62 degrees 23 minutes 06 seconds East
100.00 feet to an iron pin corner set, located southwesterly of
the aforesaid private roadway; thence, South 24 degrees 43
minutes 05 seconds East 344.28 feet to an iron pin corner set,
located southwesterly of the aforesaid private roadway and;
thence, South 27 degrees 18 minutes 14 seconds West (Crossing a
certain private driveway, at 40 feet (more or less), which
extends northwesterly from its intersection with the aforesaid
private roadway referenced herein) 170.00 feet to the place of
beginning. Containing, within bounds, 2.7580 Acres of land,
inclusive of that area occupied by public highway and utility
companies, easements and rights of way and supporting various
improvements located thereon.
ALSO, RESERVING, unto the GRANTOR and GRANTEE herein, their
respective heirs, successors and assigns, and others having
lawful claim, the common or joint right of use, along and over,
the travelway (Being 15 feet, more or less, in width) of the
private driveway and the private roadway referenced herein. The
subject road network extends, northerly, from the center of the
right of way of Route 6/State Route 0006, through lands herein
conveyed, to the southerly boundary (RE: South 27 degrees 18
minutes 14 seconds West 170.00 feet) of the premises herein
described. This road network shall be used for the purpose of
ingress, egress and regress for pedestrian and vehicular travel.
EXCEPTING AND RESERVING, thereout and therefrom, a certain
parcel, containing 2.97 acres of land, which the Commonwealth of
Pennsylvania, acting by and through David L. Jannetta, Secretary
of the Department of General Services, an administrative
department of the Commonwealth of Pennsylvania, with the
approval of the Governor of the Commonwealth of Pennsylvania, by
indenture, dated March 8, 1991 and recorded in Wayne County
Record Book Volume 0562 at Page 0183, granted and conveyed to
Adams CATV, Inc. ALSO, RESERVING, unto the said Adams CATV,
Inc., its successors and assigns, a certain 33 foot right of way
running from State Route 0006 to the westerly side line of the
aforesaid 2.97 acre parcel (see Wayne County Map Book Volume 74
at page 09).
TRACT TWO (Consisting of two parcels)
ALL those two certain tracts or parcels of land in the
Township of Canaan, in the County of Wayne and State of
Pennsylvania, bounded and described as follows to wit:
THE FIRST PARCEL THEREOF, BEGINNING at a point in the line
between lands now or formerly of George L. Morss and the estate
of Noah Rogers deceased, sixty five (65) rods from the south
corner of said Morss land on said tract, and about six (6) rods
north easterly from the abandoned Gravity Railroad line of the
Delaware and Hudson Company; thence south forty six and two
thirds degrees sixty five (65) rods to a stone post in the south
westerly line of a tract of land in the warrantee name of Henry
Ellis; thence along the south westerly original line of said
tract, north forty three and one third degrees west two hundred
ten (210) rods to a corner; thence north forty six and two
thirds degrees east ten (10) rods to a corner; and thence by a
straight line two hundred seventeen and one tenths (217.1) rods
to the place of beginning. Containing forty nine and two tenths
(49.2) acres be the same more or less.
THE SECOND PARCEL THEREOF, BEGINNING at a post and stones
corner in the line of land in the Warrantee name of Henry Ellis,
being the northerly corner of land conveyed by the President,
Managers and company of the Delaware and Hudson Canal Company to
Francis Wolcott, and known by the name of the Tymons and McLane
Lot; thence by land of said Wolcott north sixty four and three
fourths degrees west fifty two and seven tenths (52.7) rods to a
post and stone corner; thence north seventy eight and three
fourths degrees west twenty five and one fourths (25-1/4) rods
to a post and stones corner; thence north eleven and one fourth
degrees east twenty seven (27) rods to a post and stones corner;
thence north forty six and one fourth degrees east eleven and
one fourths (11 1/4) rods to a line of land in the warrantee
name of Henry Ellis; and thence by said line south forty three
and three fourths degrees east eighty five and four tenths
(85.4) rods to the place of beginning. Containing eight (8)
acres and sixty nine (69) perches be the same more or less.
BEING the same two tracts of land conveyed to the Hudson Coal
Company by the Delaware and Hudson Company by deed dated
September 28, 1908, and recorded in the office for the recording
of deeds in and for Wayne County, in Deed Book No. ninety nine
(99) at Page one hundred and fifteen (115), and being the
twelfth and thirteenth parcels therein described as by reference
thereto will more fully appear.
BEING the same parcels, respectively, of the same premises,
which The Hudson Coal Company, by indenture, dated June 8, 1912,
and recorded in Wayne County Deed Book Volume 105 at Page 455,
remised, released and quit-claimed to The Commonwealth of
Pennsylvania, GRANTOR herein.
TRACT THREE (Consisting of two parcels)
ALL those certain tracts or parcels of land bounded and
described as follows to wit:
THE FIRST PARCEL THEREOF, situate in the Township of Canaan,
County of Wayne and State of Pennsylvania and being part of a
tract of land in the warrantee name of Henry Ellis, said part of
said tract being bounded and described as follows to wit:
BEGINNING at a stones post, the westerly corner of a tract of
land conveyed to the party of the first part and hereto by Lucy
Rogers by deed dated March 31, 1857, and hereinafter recited;
thence by lands of the Hudson Coal Company north forty seven
degrees east sixty five (65) rods to a corner; thence by land
heretofore conveyed by the party of the first part hereto to the
party of the second part hereto by deed dated February 19, 1907,
in a southeasterly direction eight hundred twenty (820) feet or
thereabouts to a point distant one hundred (100) feet north
easterly at right angles from the center of the main line of the
Honesdale Division Railroad of the Delaware and Hudson Company
thence in a south westerly direction by a line parallel with and
distant one hundred (100) feet north westerly at right angles
from the center line of said main line, fourteen hundred and
sixty five (1465) feet or thereabouts to a point in the south
westerly line of said Henry Ellis warrantee tract, and thence
along the same north forty four degrees west forty eight (48)
feet or thereabout to the place of Beginning. Containing five
and sixteenths (5.16) acres be the same more or less. Being part
of the same land conveyed to the President, Managers, and
Company of the Delaware and Hudson Canal Company by Lucy Rogers
and others, by deed dated March 31, 1857, and recorded in the
office for the recording of deeds, etc. in and for Wayne County,
in Deed Book twenty five (25) page fifty two (52) as by
reference thereto will more fully appear.
THE SECOND PARCEL THEREOF, situate partly in the Township of
Canaan, County of Wayne and State of Pennsylvania, and partly in
the Township of Carbondale, County of Lackawanna and State of
Pennsylvania, and being part of a tract of land in the warrantee
name of Solomon Ellis said part of said tract being bounded and
described as follows to wit: BEGINNING at a stones post in the
northeasterly line of said warrantee tract at the westerly
corner of a tract of land conveyed by Owen McLane et al to the
President, Managers, and Company of the Delaware and Hudson
Canal Company by deed dated October 21, 1857; thence by the
aforesaid tract south forty four and one half degrees one
hundred and twelve and nine tenths (112.9) rods to a stone post;
thence south forty six degrees west seventy three and two tenths
(73.2) rods to a stone post; thence north forty four and one
half degrees west one hundred and twelve and three tenths
(112.3) rods to a stones corner in the north westerly line of
said Solomon Ellis tract; thence along the same north forty five
and one half degrees east seventy-three and two tenths (73.2)
rods to the place of Beginning, and containing fifty (50) acres
of land be the same more or less. Being the same parcel of land
reputed to have been sold by contract by Joseph R. Priestly,
Attorney for the heirs of William Russell, deceased, dated
February 8, 1843 to Patrick Colleton and by agreement dated
February 11, 1854 sold by contract by Patrick Colleton to the
Delaware and Hudson Canal Company, and which tract of land has
been in the undisputed possession of the said Delaware and
Hudson Canal Company since the date of the aforesaid contract of
February 11, 1854.
TOGETHER WITH all the right, title and privilege to erect and
maintain a reservoir on all that certain tract of land situate
in the Township of Canaan, County of Wayne and State of
Pennsylvania, bounded and described as follows: Beginning at a
post and stones corner being the northerly corner of a tract of
land in the warrantee name of Solomon Ellis; thence by lands of
the Hudson Coal Company south forty four and one half degrees
east one hundred thirteen and one half (113 1/2) rods to a
corner of land now or late of the estate of Isaac Plant; thence
by lands of said estate south forty six degrees west seventy and
nine tenths (70.9) rods to a corner of land known as the
Colleton lot being the easterly corner of the parcel of land
last above described; thence by said Colleton lot north forty
four and one half degrees west one hundred and twelve and nine
tenths (112.9) rods to the northwesterly line of a tract of land
in the warrantee name of Solomon Ellis and thence by said line
north forty five and one half degrees east seventy and eight
tenths (70.8) rods to the place of Beginning. Comprising what is
known as the Tymons and McLane lot, and containing fifty (50)
acres and thirty two (32) perches be the same more or less.
TOGETHER WITH the right to maintain said reservoir upon said
lot to any height it may desire and to overflow said lots or any
part thereof without any restriction and to draw take and use
the water from said reservoir at its discretion and for this
purpose to form, construct, enlarge, repair, rebuild, maintain,
and use at its discretion all and singular such devices,
fixtures, appliances, and appendages for taking and using said
water, as it, its agents or engineers may at any time deem
expedient, and also the unrestricted right to raise the dam
across the outlet of said reservoir to any height it may desire
and for this purpose to take and use all and singular such
materials from said described lot as it, its agents or engineers
may deem needful or convenient, and also the right as aforesaid
for all purposes connected with the use and enlargement of said
dam the unrestricted right of ingress and egress to upon and
from the said lots for itself and its employees with teams and
implements of labor. Being all the rights reserved by the
President, Managers, and Company of the Delaware and Hudson
Canal Company in its deed of June 29, 1869, to Frances Wolcott
and recorded in the office for the recording of deeds in and for
Wayne County in Deed Book No. thirty eight (38) page four
hundred and eight seven (487) as by reference thereto will more
fully appear.
BEING the same parcels, respectively, of the same premises,
which The Delaware and Hudson Company (Formerly the President,
Managers, and Company of The Delaware and Hudson Canal Company),
by indenture, dated May 27, 1912 and recorded in Wayne County,
Deed Book Volume 105 at Page 457, remised, released and quit-
claimed to the Commonwealth of Pennsylvania, GRANTOR herein.
EXCEPTING AND RESERVING from and out of the above described
parcels of land so much thereof as is used or occupied by public
highways.
TRACT FOUR (Consisting of two parcels)
ALL those certain pieces, parcels or tracts 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:
THE FIRST PARCEL THEREOF, BEGINNING at a corner on the
northerly margin of the main public highway leading from
Honesdale to Carbondale in the division line between lands
formerly of George G. Gill and lands of Ray W. Hull, said corner
being the northeasterly corner of the said Gill lands; thence
north eleven degrees west twelve hundred seventy and five tenths
feet to a stake corner in line of the said Gill lands; thence
north eighty degrees east ten hundred six and five tenths feet
along said Gill lands and lands of B.F. Long to a concrete post
corner; thence north thirty degrees east seven hundred and fifty
nine feet to a concrete post corner; thence south twenty three
degrees and thirty minutes east nineteen hundred and thirty one
feet to a corner in a stone wall; thence south two degrees east
by lands of B.F. Long and the Waymart Water Company one hundred
and sixty four feet to a post and stones corner in line of lands
of Eliza R. Shaffer; thence south eighty degrees and thirty
minutes west along said Shaffer lands five hundred and seventy
two feet to a post corner; thence north eighteen degrees and
thirty minutes west five hundred and fourteen feet to a post
corner; thence south seventy nine degrees west three hundred and
six feet to a post corner; thence south nineteen degrees and
fifteen minutes east two hundred and eighty feet to a post
corner; thence south eighty two degrees east one hundred and
forty seven feet to a post corner; thence south nineteen degrees
and fifteen minutes east one hundred and forty nine feet to a
corner; thence south forty four degrees east fifty one feet to a
maple tree for a corner in line of lands of Eva M. Palmer;
thence south eighty two degrees and thirty minutes west along
said Palmer lands one hundred and thirty nine feet to a corner;
thence south no degrees and forty five minutes west one hundred
and fourteen feet to a corner in line of lands of Harold A.
Reed; thence north eighty seven degrees and thirty minutes west
two hundred and ten feet to a corner; thence south one degree
east two hundred and eight feet to the northerly margin of the
said main public highway between Honesdale and Carbondale;
thence along the said public highway in a general westerly
direction ten hundred and fifty feet to the place of Beginning.
Containing approximately sixty acres of land. Being a part of
the same land which Joseph Fellows conveyed to John Shaffer by
deed dated September 23, 1828 and recorded in Wayne County Deed
Book No. 11, page 151, etc. And which Alexander McMillan etal.,
by assignment dated February 26, 1876, conveyed to John Shaffer,
Jr. as recorded in Deed Book No. 48, page 143, etc. And being a
part of the same land that Mary Clark, Amy Shaffer and Carrie E.
Betz, sole heirs of John Shaffer, conveyed to Ray W. Hull by
deed dated January 21, 1903, and recorded in Deed Book No. 90,
page 423, etc. And being a part of the same land that Ray W.
Hull, by his last will and testament dated April 1, 1916, and
recorded in the Register's Office of Wayne County willed and
bequeathed to Bertha E. Hull. And being the same land which
Bertha E. Hull by her deed dated October 18, 1921, and recorded
in Wayne County in Deed Book No. 117, page 152, granted and
conveyed to William M. Lynch.
THE SECOND PARCEL THEREOF, being all that other certain lot
or parcel of land situate in the said Township of Canaan, County
of Wayne, and State of Pennsylvania.
BEGINNING at a corner on the northerly margin of the said
main public highway leading from Honesdale to Carbondale; said
corner being the southeasterly corner of lands formerly of
George G. Gill, and being in the division line between said
Gill's lands and lands formerly of Ray W. Hull; thence north
eleven degrees west twelve hundred seventy and five tenths feet
to a post corner; thence north eighty degrees east three hundred
thirteen and five tenths feet to an iron pin for a corner in
line of lands of B.F. Long, formerly the Patterson Estate;
thence along lands of said Long north forty four degrees and
thirty minutes west nine hundred and ninety feet to an iron pin
for a corner in line of lands of the R. Manville Estate; thence
south forty five degrees and thirty minutes west along said
Manville lands nine hundred and ninety feet to a concrete post
for a corner in line of lands of the Commonwealth of
Pennsylvania; thence along said lands south nine degrees and
fifteen minutes east five hundred forty seven and eight tenths
feet to a corner in line of lands now or formerly of H.D.
Burleigh; thence along said Burleigh lands south twenty eight
degrees and thirty minutes east five hundred eighty two and
seventy five one hundredths feet to a corner in line of lands of
Frank P. Woodward; thence along said Woodward's line north sixty
one degrees and thirty minutes east one hundred and thirty two
feet to a corner; thence still along Woodward's lands south
twenty eight degrees and thirty minutes east three hundred and
thirty feet to a corner in the northerly margin of the said main
public highway between Honesdale and Carbondale, and thence
along said public highway the following courses and distances
namely: North sixty one degrees and thirty minutes east, one
hundred seventy eight and five tenths feet; north sixty seven
degrees east one hundred ninety eight feet and south eighty
degrees east two hundred ninety seven feet to the place of
Beginning. Containing about fifty acres of land, be the same
more or less.
THE TWO PARCELS OF LAND ABOVE described join each other along
the line north eleven degrees west twelve hundred seventy and
five tenths feet, and along the line north eighty degrees east
for a distance of three hundred thirteen and five tenths feet.
The second parcel of land being a part of the same parcel of
land which S.A. McMullen etux, by deed dated August 1, 1917. And
recorded in Wayne County in Deed Book No. 109, page 521, etc.,
granted and conveyed to George W. Gill; and which the said
George W. Gill, by his last will and testament dated November 1,
1918, and recorded in Wayne County in Will book No. 11, page
242, devised to his wife Nettie K. Gill; and a part of the same
land which the said Nettie K. Gill, widow, by her deed dated
September 14, 1921, and recorded in Wayne County in Deed Book
No. 116, page 534, granted and conveyed to the said William M.
Lynch.
BEING the same parcels, respectively, of the same premises,
which William M. Lynch and Jessie A. Lynch, his wife, by deed,
dated May 29, 1925 and recorded in Wayne County Deed Book Volume
124 at Page 216, granted and conveyed to The Commonwealth of
Pennsylvania, Grantor herein.
EXCEPTING AND RESERVING, unto the GRANTOR herein, its
successors and assigns, all lands of Tract Four, which are
located southerly of the center of the right of way of ROUTE
6/STATE ROUTE 0006.
TRACT FIVE (Consisting of two parcels)
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:
THE FIRST PARCEL THEREOF, being a said narrow strip of land
BEGINNING at the division line between lands conveyed to The
Delaware and Hudson Railroad Corporation, and/or predecessor by
Charles H. Ball, by deed dated May 3, 1900, and recorded in
Wayne County Deed Book No. 86, page 411, and lands conveyed by
Charles M. Betz, by deed dated September 26, 1899, and recorded
in Wayne County Deed Book No. 85, page 416; thence continuing in
a general westerly direction, including a parcel of land of the
average minimum width of two hundred (200) feet, a distance of
approximately four thousand five hundred twelve (4,512) feet,
measured along the center line of the right of way of said
railroad to a point in the line between the Henry Ellis and
Solomon Ellis warrants, and marked by a cut stone corner at the
line intersection of the warrant lines of the Henry Ellis and
Solomon Ellis warrants.
BEING a portion of the land conveyed to The Delaware and
Hudson Railroad Corporation, and/or its predecessors, by deed
from Charles M. Betz, Guardian, by deed dated September 26,
1899, and recorded in Wayne County Deed Book No. 85, page 416.
AND BEING the "fifty-six" parcel in the aforesaid deed from
The Delaware and Hudson Railroad Corporation to Rice Coal
Company and also being a portion of the lands as conveyed by
Lucy Rogers by deed dated March 31, 1857, and recorded in Wayne
County Deed Book No. 25, page 52, and a portion of the land
conveyed by Mary E. Rogers by deed dated April 7, 1859, and
recorded in Wayne County Deed Book No. 26, page 374, this
portion being parcel "fifty-seventh" in the aforesaid deed from
The Delaware and Hudson Railroad Corporation to Rice Coal
Company. Also being a portion of the land conveyed to The
Delaware and Hudson Railroad Corporation and/or its predecessors
by deed of Gilbert M. Lee, etux, dated July 7, 1837 and recorded
in Wayne County Deed Book No. 10 Page 216, and is the "fifty-
eight" parcel in the aforesaid deed to Rice Coal Company, and
also the property conveyed to The Delaware and Hudson Railroad
Corporation, and/or its predecessors by deed of George H.
Foster, etux, dated December 11, 1899, and recorded in Wayne
County Deed Book No. 86, page 22. Being the "fifty-ninth" parcel
in the deed from The Delaware and Hudson Railroad Corporation to
Rice Coal Company.
EXCEPTING AND RESERVING, unto the GRANTOR herein, its
successors and assigns, all lands of Tract Five, which are
located southerly of the center of the right of way of ROUTE
6/STATE ROUTE 0006.
THE SECOND PARCEL THEREOF, being 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:
A STRIP OF LAND approximately one hundred (100) feet in
width, being the former right of way, and approximately twelve
hundred eight (1,208) feet in length, measured along the center
line of the right of way of said railroad, being bounded on the
east by lands heretofore conveyed to The Delaware and Hudson
Railroad Corporation and/or its predecessors, by George O'Leary
etux., by deed dated February 15, 1900, and recorded in Wayne
County Deed Book No. 86, page 118, with said property of George
O'Leary has subsequently been conveyed to Rice Coal Company in
the aforesaid deed, and is designated as parcel "sixty-first"
therein, which said strip of land is bounded on the west by
lands heretofore conveyed to The Delaware and Hudson Railroad
Corporation, and or its predecessors in title by L.H. Alden
etux., by deed dated May 25, 1869, and recorded in Wayne County
Deed Book No.36, page 324, which said Alden property is now
owned by Rice Coal Company and was conveyed to it as parcel
"sixty-third" in the aforesaid deed from The Delaware and Hudson
Railroad Corporation to Rice Coal Company.
BEING part of the same premises, which Rice Coal Company, a
Pennsylvania corporation, by indenture, dated July 7, 1942 and
recorded in Wayne County Deed Book Volume 150 at Page 516,
granted and released to the Commonwealth of Pennsylvania,
Grantor herein.
TRACT SIX (Consisting of four parcels)
ALL those four pieces, parcels, tracts, or lots of land
situated in the Township of Canaan, in the County of Wayne and
Townships of Fell and Carbondale, in the County of Lackawanna
and Commonwealth of Pennsylvania, bounded and described as
follows, to wit:
THE FIRST PARCEL THEREOF consisting of land partly in Canaan
Township, Wayne County, partly in Fell Township and partly in
Carbondale Township, Lackawanna County described as follows:
BEGINNING at a point in the southeasterly side of the Milford
and Owego Turnpike (now abandoned) which lies in the line which
divides the warrant line between Samuel Ellis and Solomon Ellis;
thence by land surveyed to Solomon Ellis north 50 degrees 18
minutes east 201.3 feet to a cut stone monument in said warrant
line which marks the southwesterly corner of the Tymons and
McLean lot; thence along said warrant line which forms the
northwesterly boundary of said Tymons and McLean lot north 50
degrees 18 minutes east 1187.5 feet to a cut stone monument
which lies in the southwesterly boundary line of the Henry Ellis
warrant; thence along said southwesterly boundary line of said
Henry Ellis warrant, north 38 degrees 45 minutes west 991.1 feet
to a cut stone monument in said Henry Ellis boundary line;
thence still along said boundary line north 38 degrees 57
minutes west 434.3 feet to a cut stone monument in said line;
thence still along said Henry Ellis warrant line north 38
degrees 41 minutes west 1129.6 feet to a stake and stones
corner; thence south 86 degrees 50 minutes west 24.6 feet to a
corner marked by a cut stone monument in the easterly line of
the G.L. Morss Estate; thence along the easterly line of said
G.L. Morss Estate south 6 degrees 7 minutes west 2443.2 feet
along an old stone wall to a corner in a stone wall on the
northerly side of the aforementioned Milford and Owego Turnpike;
thence along the northerly side of said Turnpike south 61
degrees 13 minutes east 400 feet to a point which marks the
northwesterly corner of the second parcel which will hereafter
appear in this Deed; thence along the northerly side of the
second parcel and along the southerly side of said Turnpike
south 61 degrees 13 minutes east 532 feet to the place of
Beginning; containing 65.9 acres of land, be the same more or
less.
THE SECOND PARCEL THEROF consisting of land partly in Canaan
Township, Wayne County and partly in Carbondale Township,
Lackawanna County, described as follows: BEGINNING on the
southerly side of the old Milford and Owego Turnpike in the
division line between the Samuel Ellis warrant and the Solomon
Ellis Warrant, which point is also in the westerly line of the
"Colloton Lot"; thence along the westerly line of said Solomon
Ellis warrant and along a stone wall built thereon south 50
degrees 38 minutes west 315 feet to a point; south 52 degrees 12
minutes west 337 feet to a point, and south 53 degrees 0 minutes
west 348 feet to a built up stones corner at the southwesterly
corner of the "Colloton Lot"; thence still along the westerly
line of said Solomon Ellis warrant south 50 degrees 13 minutes
west 1640 feet to an established stones corner; thence north 38
degrees 42 minutes west 495 feet to an established stones
corner; thence along an old wire fence and an old stone wall
north 50 degrees 57 minutes east 2,436 feet to a point in the
southerly side of the aforementioned Milford and Owega Turnpike;
thence along the southerly side of said Turnpike south 61
degrees 13 minutes east 532 feet to the place of Beginning.
Containing 29.82 acres of land, be the same more or less.
THE THIRD PARCEL THEREOF consisting of land in the Township
of Canaan, and County of Wayne, Pennsylvania, described as
follows: BEGINNING at a point at the easterly edge of a
conglomerate table rock quarry said point being situated on a
course of south 38 degrees 42 minutes east 468 feet from the
southwesterly corner of the "Colloton Lot" thence along the
southerly side of said "Colloton Lot" south 38 degrees 42
minutes east 647.5 feet to the northerly right of way line of
the old Delaware and Hudson Company's Light Tract; thence along
the northerly right of way line of said tract south 28 degrees
53 minutes west 491 feet to a concrete right of way monument of
said Railroad; thence south 59 degrees 12 minutes east 7.4 feet
to a concrete monument which is situated 33 feet distant
northwesterly from the center line of said Railroad Tracks
(abandoned); thence along said right of way parallel with and
situated 33 feet distant northwesterly from said center line of
track the following courses and distances south 30 degrees 15
minutes west 201.9 feet to a point, south 43 degrees 19 minutes
west 102.3 feet to a point, and south 52 degrees 29 minutes west
148.2 feet to a point in the division line between Wayne and
Lackawanna Counties; thence along the Wayne-Lackawanna County
line north 5 degrees 53 minutes east 1279.8 feet to the place of
Beginning. Containing 7.5 acres of land be the same more or
less.
EXCEPTING AND RESERVING therefrom a parcel of land n/l owned
by the Rice Coal Company described as follows:
BEGINNING at a point in the northerly right of way line of
The Delaware and Hudson Company's Light Track situated distant
northwesterly 33 feet from the center line of said Railroad
Track (now abandoned); thence south 30 degrees 15 minutes west
201.9 feet to a point south 43 degrees 19 minutes west 102.3
feet to a point and south 52 degrees 29 minutes west 148.2 feet
to a point situated in the division line between Wayne and
Lackawanna County; thence along the Wayne-Lackawanna County line
north 5 degrees 53 minutes east 105.8 feet to a point which is
situated distant 40 feet at right angles from the center line of
the old Standard Gauge Steam Railroad; thence along the
northerly right of way line of said Steam Railroad being distant
40 feet Northerly and parallel therewith the following courses
and distance, north 65 degrees 56 minutes east 68.9 feet; north
54 degrees 50 minutes east 109.6 feet; north 45 degrees 28
minutes east 96.1 feet and north 32 degrees 50 minutes east 93
feet to a concrete monument situated about 40 feet from the
center line of the aforementioned Railroad; thence south 59
degrees 12 minutes east 7.4 feet to the place of Beginning.
Containing 0.34 acres of land be the same more or less.
THE FOURTH PARCEL THEREOF consisting of land in the Township
of Canaan, and County of Wayne, Pennsylvania, described as
follows: BEGINNING at a cut stone corner in the southwesterly
boundary line of the Henry Ellis warrant, said corner is also
situated at a point where the Samuel Ellis warrant and Solomon
Ellis warrant lines intersects that of the Henry Ellis warrant;
thence along the Henry Ellis warrant line south 38 degrees 42
minutes east 1883.2 feet to a well established old stones corner
being the northwesterly corner of the Isaac Plant Lot and now
owned by The Delaware and Hudson Canal Company; thence along
said Isaac Plant Lot and along an old stone wall south 51
degrees 27 minutes west 1169.3 feet to a cut stone corner
marking the northeasterly corner of the "Colloton Lot"; thence
along the northeasterly line of said "Colloton Lot" thence along
the northeasterly line of said "Colloton Lot" and crossing the
southerly portion of No.7, Pond north 39 degrees 17 minutes west
1860.2 feet to a cut stone monument in the warrant line between
Samuel Ellis warrant and Solomon Ellis warrant; thence along
said warrant line north 50 degrees 18 minutes east 1187.5 feet
to the place of Beginning. Containing 50.63 acres of land, be
the same more or less.
BEING the same parcels, respectively, of the same premises,
which William Francis Wolcott and Bessie C. Wolcott, his wife,
and Ira B. Rutherford and Gertrude H. Rutherford, his wife, by
indenture, dated October 10, 1951 and recorded in Wayne County
Deed Book Volume 179 at Page 499, granted and released to the
Commonwealth of Pennsylvania, Grantor herein.
(c) Water utility easement.--The water utility easement to
be conveyed pursuant to this section consists of approximately 3
acres of land described according to a metes and bounds
centerline description prepared by Alfred K. Bucconear,
Registered Professional Land Surveyor, and more particularly
described as follows:
A center line commencing at the WATERLINE @ C/L, said point
being the POINT OF BEGINNING; thence N 67 degrees 58 minutes 44
seconds W, a distance of 304.82 feet; thence N 68 degrees 32
minutes 54 seconds W, a distance of 162.62 feet; thence N 69
degrees 06 minutes 29 seconds W, a distance of 250.30 feet;
thence N 67 degrees 54 minutes 37 seconds W, a distance of
137.65 feet; thence N 69 degrees 04 minutes 08 seconds W, a
distance of 128.40 feet; thence N 67 degrees 52 minutes 59
seconds W, a distance of 144.65 feet; thence N 68 degrees 41
minutes 17 seconds W, a distance of 464.81 feet; thence N 64
degrees 30 minutes 34 seconds W, a distance of 47.02 feet;
thence N 51 degrees 36 minutes 45 seconds W, a distance of 29.09
feet; thence N 31 degrees 12 minutes 58 seconds W, a distance of
25.90 feet; thence N 21 degrees 27 minutes 04 seconds W, a
distance of 86.46 feet; thence N 20 degrees 37 minutes 09
seconds W, a distance of 134.01 feet; thence N 19 degrees 36
minutes 44 seconds W, a distance of 96.82 feet; thence N 16
degrees 55 minutes 13 seconds W, a distance of 62.30 feet;
thence N 12 degrees 31 minutes 15 seconds W, a distance of 41.75
feet; thence N 06 degrees 00 minutes 09 seconds W, a distance of
49.29 feet; thence N 02 degrees 57 minutes 11 seconds E, a
distance of 41.92 feet; thence N 09 degrees 17 minutes 39
seconds E, a distance of 38.51 feet; thence N 10 degrees 04
minutes 02 seconds E, a distance of 56.80 feet; thence N 11
degrees 22 minutes 59 seconds E, a distance of 115.75 feet;
thence N 00 degrees 47 minutes 04 seconds E, a distance of 69.47
feet; thence N 08 degrees 59 minutes 25 seconds W, a distance of
64.41 feet; thence N 53 degrees 53 minutes 45 seconds W, a
distance of 55.63 feet; thence N 57 degrees 54 minutes 19
seconds W, a distance of 35.41 feet; thence N 61 degrees 25
minutes 32 seconds W, a distance of 34.61 feet; thence N 63
degrees 08 minutes 43 seconds W, a distance of 45.47 feet;
thence N 73 degrees 58 minutes 07 seconds W, a distance of 53.96
feet; thence N 84 degrees 19 minutes 04 seconds W, a distance of
67.71 feet; N 88 degrees 47 minutes 01 second W, a distance of
57.62 feet; thence N 89 degrees 45 minutes 20 seconds W, a
distance of 105.03 feet; thence 88 degrees 57 minutes 12 seconds
W, a distance of 147.71 feet; thence 89 degrees 44 minutes 42
seconds W, a distance of 42.69 feet; thence N 78 degrees 29
minutes 22 seconds W, a distance of 293.49 feet; thence S 89
degrees 24 minutes 49 seconds W, a distance of 158.70 feet;
thence S 87 degrees 45 minutes 54 seconds W, a distance of
106.48 feet; thence N 89 degrees 24 minutes 25 seconds W, a
distance of 119.83 feet; thence N 81 degrees 23 minutes 05
seconds W, a distance of 66.08 feet; thence N 79 degrees 31
minutes 39 seconds W, a distance of 76.12 feet; thence N 72
degrees 18 minutes 15 seconds W, a distance of 73.70 feet;
thence N 71 degrees 05 minutes 29 seconds W, a distance of
251.05 feet; thence N 64 degrees 19 minutes 14 seconds W, a
distance of 131.97 feet; thence N 52 degrees 55 minutes 18
seconds W, a distance of 32.11 feet; thence N 49 degrees 47
minutes 22 seconds W, a distance of 37.45 feet; thence N 45
degrees 04 minutes 27 seconds W, a distance of 194.66 feet;
thence S 88 degrees 12 minutes 46 seconds W, a distance of
174.58 feet; thence N 65 degrees 26 minutes 45 seconds W, a
distance of 161.09 feet; thence N 66 degrees 34 minutes 46
seconds W, a distance of 259.68 feet; thence N 69 degrees 29
minutes 27 seconds W, a distance of 102.10 feet; thence N 67
degrees 50 minutes 25 seconds W, a distance of 81.83 feet;
thence N 62 degrees 58 minutes 23 seconds W, a distance of 61.90
feet; thence N 53 degrees 27 minutes 53 seconds W, a distance of
58.71 feet; thence N 39 degrees 55 minutes 19 seconds W, a
distance of 106.99 feet; thence N 37 degrees 18 minutes 39
seconds W, a distance of 186.81 feet; thence N 37 degrees 28
minutes 40 seconds W, a distance of 89.60 feet; thence N 16
degrees 14 minutes 14 seconds W, a distance of 12.53 feet;
thence N 28 degrees 40 minutes 54 seconds E, a distance of 19.17
feet to the POINT OF ENDING.
(d) Conditions.--The 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, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record for any portion of
the land or improvements erected thereon. The deed of conveyance
shall contain the following covenant:
Under and subject to a condition that a portion of the lands
herein conveyed shall contain a restriction stating that any
area within 500 feet of the shoreline or the normal pool
elevation of Carbondale Reservoir No.4 (as defined by the
crest of the spillway elevation at the date of conveyance)
shall remain open and that no development can occur on that
portion of the property.
(e) Deed.--The deed of conveyance shall be by Special
Warranty Deed and shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Alternative disposition.--In the event that this
conveyance is not executed by January 1, 2007, the property may
be disposed of in accordance with Article 2406-A of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
Section 4. Effective date.
This act shall take effect immediately.
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