Section 14.4. Conveyance in Tunkhannock Township, Wyoming County.
(a) Authorization.--
(1) Subject to paragraph (2), the Department of General Services, with the approval of the Department of Agriculture and the Governor, is authorized on behalf of the Commonwealth to grant and convey to D&I Silica, LLC, or its assigns, an egress easement through lands of this Commonwealth at the Tunkhannock regional office of the Department of Agriculture situate in the Township of Tunkhannock, Wyoming County, under terms, conditions and for consideration equal to fair market value acceptable to the Secretary of General Services.
(2) Granting of this easement is contingent upon a stipulated agreement between the grantee and the Wyoming County Commissioners, and approved by the Court of Common Pleas of Wyoming County.
(b) Description.--The egress easement to be conveyed pursuant to section 1 totals approximately 0.74 acres bounded and more particularly described as follows:
ALL that certain piece or parcel of land situated in the Township of Tunkhannock, County of Wyoming and Commonwealth of Pennsylvania, more particularly bound and described as follows:
BEGINNING at a point situate at the intersection of the common boundary line of lands now or formerly of J. Stark Bartron, II & Jane D. Bartron, His Wife as described in Record Book 282 at Page 440 and lands now or formerly of the General State Authority as described in Record Book 256 at Page 795 and Deed Book 178 at Page 676, said point being in the westerly right-of-way line of State Highway Route 92 (S.R. 0092).
Thence along the westerly right-of-way line of State Route 92, South 05º 40' East a distance of 57.68' more or less to a point;
Thence through lands now or formerly of the General State Authority, South 84º 10' 09" West a distance of 253.98' more or less to a point;
Thence through the same, South 75º 47' 00" West a distance of 739.44' to a point;
Thence through the same, South 51º 44' 36" West a distance of 143.39' to a point in the easterly line of lands now or formerly of Lehigh Valley Railroad;
Thence along lands now or formerly of Lehigh Valley Railroad, North 31º 13' 00" West a distance of 82.00' to a common corner of lands now or formerly of J. Stark Bartron, II & Jane D. Bartron and lands now or formerly of the General State Authority;
Thence along lands now or formerly of J. Stark Bartron, II & Jane D. Bartron, North 75º 47' 00" East a distance of 1154.20' to a point in the westerly right-of-way line of State Highway Route 92, the place of BEGINNING.
CONTAINING a total area of 32,096 square feet or 0.74 acres of land, more or less.
BEING all of the Access Easement through lands of the General State Authority as described in Wyoming County Record Book 276 at Page 795 and Deed Book 178 at Page 676.
ALSO BEING all of the Access Easement as depicted in EX-1, dated September 10, 2014 as prepared by Pennoni Associates, Inc., 100 North Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, PA 18702. Said plan on file with the Department of General Services.
(c) Adjustments.--The legal description in subsection (b) is preliminary and minor adjustments can be made to the final description with the prior written consent of the secretary.
(d) Execution.--The easement agreement shall be executed by the secretary in the name of the Commonwealth.
(e) Costs and fees.--Costs and fees incidental to the conveyance of the easement shall be borne by the grantee.
(f) Proceeds.--The Department of General Services shall utilize the proceeds from the conveyance to reimburse itself for costs and fees it incurred as a result of this conveyance. Any money remaining after reimbursement to the Department of General Services shall be deposited into the Agricultural Farm Operations Account.
(g) Expiration.--If the parties have not entered into an easement agreement within one year of the effective date of this section, the authorization contained in this section shall expire.
(14.4 added Oct. 22, 2014, P.L.2855, No.174)