CONVEYANCE - COMMONWEALTH PROPERTY IN CHESTER COUNTY - REPEALED — 1992 Pa. Act 81 (historical enacted text)

Historical Act text

PRINTER'S NO. 2699
INTRODUCED BY GERLACH, NOVEMBER 13, 1991
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 13, 1991
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to grant and convey tracts of land
3 situate in East Vincent Township, Chester County,
4 Pennsylvania.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The Department of General Services, with the
8 approval of the Governor, is authorized and directed, on behalf
9 of the Commonwealth of Pennsylvania, to grant and convey to the
10 East Vincent Municipal Authority, Chester County, for a
11 consideration of $1 and other valuable consideration, the
12 following described tracts of land situate in East Vincent
13 Township, Chester County, Pennsylvania, bounded and described as
14 follows:
15 All those certain tracts of land situate in East Vincent
16 Township, Chester County, Pennsylvania, as shown on a plan
17 entitled "Boundary Survey", made for East Vincent Municipal
18 Authority by SMC Environmental Services Group (SMC) of Valley
19 Forge, Pennsylvania, dated January 9, 1991, and described
1 thereon as follows:
2 Tract No. 1
3 Commencing for reference at the point of beginning of that
4 tract of land conveyed to John Frazier Hunt and Myrtrice
5 Pennelope McCaskill, husband and wife, by deed recorded in Deed
6 Book 969, Page 224 of the deed records of Chester County,
7 Pennsylvania.
8 Thence along the lands of Hunt and McCaskill, the following
9 three courses and distances:
10 (1) north 81 degrees 25 minutes 50 seconds east 16.30 feet;
11 (2) north 30 degrees 12 minutes 6 seconds west 850.90 feet;
12 (3) north 26 degrees 54 minutes 42 seconds west 843.34 feet
13 to the true point of beginning of a tract herein described:
14 Thence south 63 degrees 05 minutes 18 seconds west 182.48
15 feet to the northerly right-of-way line of the Philadelphia
16 Electric Company as shown on a plan entitled "Philadelphia
17 Electric Company property, Formerly Schuylkill Secondary branch
18 of Conrail, Parcel 4, Sheet 8 of 14, File No. C-28-7442";
19 Thence along the same, the following courses and distances:
20 (1) along the arc of a 227.18 foot long curve to the left
21 having a central angle of 04 degrees 26 minutes 38 seconds, a
22 radius of 2,929.00 feet and whose chord bears north 49 degrees
23 09 minutes west 227.12 feet to a point of compound curvature;
24 (2) along the arc of a 40.03 foot long curve to the left
25 having a central angle of 01 degree 40 minutes and 58 seconds, a
26 radius of 1,363.00 feet and whose chord bears north 52 degrees
27 12 minutes 48 seconds west 40.03 feet to a point of tangency;
28 (3) north 56 degrees 55 minutes 44 seconds west 183.15 feet;
29 (4) north 62 degrees 12 minutes 40 seconds west 138.71 feet;
30 Thence north 09 degrees 14 minutes 08 seconds east 220.88
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1 feet;
2 Thence north 54 degrees 27 minutes 03 seconds east 330.79
3 feet to an angle point in the lands of Hunt and McCaskill;
4 Thence along the same, south 26 degrees 54 minutes 42 seconds
5 east 746.25 feet to the point of beginning.
6 Containing 5.394 acres of land, more or less.
7 Tract No. 2
8 Commencing for reference at the point of beginning of that
9 tract of land conveyed to John Frazier Hunt and Myrtrice
10 Pennelope McCaskill, husband and wife, by deed recorded in Deed
11 Book 969, Page 224 of the deed records of Chester County,
12 Pennsylvania.
13 Thence along the lands of Hunt and McCaskill, the following
14 three courses and distances:
15 (1) north 81 degrees 25 minutes 50 seconds east 16.30 feet;
16 (2) north 30 degrees 12 minutes 06 seconds west 850.90 feet;
17 (3) north 26 degrees 54 minutes 42 degrees west 843.34 feet
18 to the most easterly corner of Tract No. 1, heretofore
19 described;
20 Thence along the northeasterly line of Tract No. 1, south 63
21 degrees 05 minutes 18 seconds west 182.48 feet to a point on the
22 northerly right-of-way line of the Philadelphia Electric
23 Company;
24 Thence south 10 degrees 46 minutes 13 seconds west 95.18 feet
25 to a point on the southerly right-of-way line thereof and the
26 true point of beginning of the tract herein described:
27 Thence south 10 degrees 46 minutes 13 seconds west 477.12
28 feet;
29 Thence south 82 degrees 29 minutes 02 seconds west 328.55
30 feet;
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1 Thence north 54 degrees 07 minutes 35 seconds west 346.63
2 feet;
3 Thence north 88 degrees 16 minutes 52 seconds west 603.05
4 feet;
5 Thence north 01 degree 43 minutes 08 seconds east 680.65 feet
6 to the southerly right-of-way line of the Philadelphia Electric
7 Company;
8 Thence along the same, the following courses and distances:
9 (1) along the arc of a 331.38 foot long curve to the right
10 having a central angle of 15 degrees 16 minutes 30 seconds, a
11 radius of 1,243.00 feet and whose chord bears north 84 degrees
12 56 minutes 18 seconds east 330.40 feet;
13 (2) south 35 degrees 05 minutes 51 seconds west 23.80 feet;
14 (3) along the arc of a 656.60 foot long curve to the right
15 having a central angle of 30 degrees 45 minutes 39 seconds, a
16 radius of 1,223.00 feet and whose chord bears south 72 degrees
17 38 minutes 36 seconds east 648.74 feet;
18 (4) north 69 degrees 00 minutes 08 seconds east 73.50 feet;
19 (5) along the arc of a 88.43 foot long curve to the right
20 having a central angle of 03 degrees 56 minutes 56 seconds, a
21 radius of 1,283.00 feet and whose chord bears south 53 degrees
22 20 minutes 47 seconds east 88.41 feet to a point of compound
23 curvature;
24 (6) along the arc of a 271.84 foot long curve to the right
25 having a central angle of 05 degrees 28 minutes 01 seconds, a
26 radius of 2,849.00 feet and whose chord bears south 48 degrees
27 38 minutes 19 seconds east 271.74 feet to a point of beginning.
28 Containing 19.797 acres of land, more or less.
29 Section 2. Also being conveyed with the tracts of land
30 described in section 1 are the following perpetual easements or
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1 rights-of-way:
2 (1) A 40 foot right-of-way to the banks of the Schuylkill
3 River, which right-of-way is one of two rights-of-way identified
4 on the plan of Pennhurst Center Parcel No. 1, dated September
5 25, 1982, as "Water R/W" to be provided to the Commonwealth of
6 Pennsylvania; said 40 foot right-of-way being granted and
7 conveyed is the more northerly of the two rights-of-way on said
8 plan. Reference, Indenture 26th Day of August, 1990 between the
9 Commonwealth of Pennsylvania and Eden Valley Farm Partners, Page
10 5. The Commonwealth of Pennsylvania retains ownership of the
11 other 40 foot right-of-way.
12 (2) The free and uninterrupted use, liberty and privilege of
13 and passage in and along certain streets or driveways known as
14 Commonwealth Drive, Pennhurst Road, Brown Drive, Dunlap Road and
15 Church Street. Grantor hereby reserves an easement-in-common for
16 access on Commonwealth Drive.
17 (3) An easement across the lands of grantor known as the
18 Southeastern Pennsylvania Veterans Center for the purpose of
19 constructing, installing, maintaining, repairing and replacing
20 sewer lines, subject to the following limitations:
21 (i) The sewer lines to be installed shall not interfere
22 in any way with grantor's use and operation of the
23 Southeastern Pennsylvania Veterans Center property.
24 (ii) The actual location of the sewer lines shall be
25 subject to the written approval of grantor, which approval
26 shall not be unreasonably withheld.
27 (iii) Grantee shall be responsible for restoration and
28 repair of the surface after installation of any sewer lines,
29 and shall indemnify, defend and hold grantor harmless from
30 any loss or liability resulting from such installation work.
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1 (iv) After five years from the date of conveyance of the
2 transfer of the sewage treatment plant to grantee, grantor
3 shall have the right to limit this easement to sewer lines
4 that have been installed during the five year period, and to
5 require grantee to record an appropriate instrument so
6 limiting the easement.
7 (4) To the extent assignable, all of Grantor's rights under
8 that certain license of easement agreement (or agreements)
9 between Grantor and the Philadelphia Electric Company (or its
10 predecessor in title) across that parcel of ground owned by the
11 Philadelphia Electric Company which bisects the lands of Grantor
12 known as the Southeastern Pennsylvania Veterans Center.
13 Section 3. These conveyances shall be made under and subject
14 to all easements, servitudes and rights of others, including,
15 but not confined to, streets, roadways and rights of any
16 telephone, telegraph, water, electric, sewer, gas or pipeline
17 companies, as well as under and subject to any interest, estates
18 or tenancies vested in third persons, whether or not appearing
19 of record, for any portion of the land or improvements erected
20 thereon.
21 Section 4. Deeds of conveyance shall be approved as provided
22 by law and shall be executed by the Secretary of General
23 Services in the name of the Commonwealth of Pennsylvania.
24 Section 5. Costs and fees incidental to these conveyances
25 which are customarily paid by grantees (such as recording fees)
26 shall be borne by the grantee.
27 Section 6. This act shall take effect immediately.
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