Section 12. Conveyance in Chester County.
(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 Philadelphia Suburban Water Company certain land and improvements situate on the grounds of Embreeville Center described in subsection (b) and certain permanent easements situate on the grounds of Embreeville Center described in subsections (c) through (e) for fair consideration equal to fair market value as determined by independent appraisal.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of approximately 2.000 acres of land and portions of the Embreeville Center potable water system described in Exhibit 1 to the Lease Agreement with Option to Purchase, dated April 9, 1991, between the Commonwealth of Pennsylvania and Spring Run Water Company, which Philadelphia Suburban Water Company is successor, situate in West Bradford Township, Chester County, bounded and more particularly described as follows:
ALL THAT CERTAIN parcel of land SITUATE in West Bradford Township, Chester County, Pennsylvania, being shown as Lot 1 on the Plan of Water System Property at the Embreeville Center for Philadelphia Suburban Water Company dated October 20, 1998 and last revised February 9, 1999 by Chester Valley Engineers, Inc., Paoli, Pennsylvania, and being more fully described as follows:
BEGINNING at the northwesterly corner of Lot 1 and land now or late of the Commonwealth of Pennsylvania on the southwesterly right of way line of Strasburg Road--S.R.3062, variable width (here 60 feet wide), said beginning point being measured along said right of way line, the following two (2) courses and distances from its intersection with the southeasterly right of way line of Leids Road, 33 feet wide: (1) South 53 degrees 33 minutes 30 seconds East 347.69 feet to a point of curvature; (2) along a curve to the left having a radius of 1,940.08 feet and an arc length of 252.51 feet, to the point of beginning; thence from the point of beginning, along said right of way line, the following eight (8) courses and distances: (1) along a curve to the left having a radius of 1,940.08 feet, an arc length of 178.44 feet, and a chord bearing South 63 degrees 39 minutes 02 seconds East 178.38 feet; (2) South 44 degrees 57 minutes 46 seconds East 10.93 feet; (3) South 56 degrees 14 minutes 53 seconds East 52.00 feet; (4) South 57 degrees 48 minutes 12 seconds East 52.25 feet; (5) South 59 degrees 21 minutes 29 seconds East 52.51 feet; (6) South 65 degrees 13 minutes 25 seconds East 52.10 feet; (7) South 67 degrees 50 minutes 00 seconds East 52.14 feet; (8) South 72 degrees 37 minutes 58 seconds East 27.02 feet to a corner of the aforesaid lands of the Commonwealth of Pennsylvania; thence along said lands, the following five (5) courses and distances: (1) leaving said right of way line, South 26 degrees 59 minutes 11 seconds West 132.93 feet; (2) North 70 degrees 38 minutes 24 seconds West 213.73 feet; (3) South 28 degrees 14 minutes 53 seconds West 68.38 feet; (4) North 55 degrees 42 minutes 30 seconds West 271.34 feet (5) North 28 degrees 59 minutes 04 seconds East 199.99 feet to the point of beginning; and
CONTAINING 2.000 acres of land, be the same, more or less.
(c) Easement.--A permanent easement conveyed pursuant to this section consists of a 20-foot wide access easement comprising approximately 11,000 square feet from the Embreeville Center potable water system at Embreeville Road to proposed 20-foot wide utility and access Easement "A", described in the Plan of Water System Property at the Embreeville Center, dated February 2, 2000, situate in Newlin Township, Chester County, bounded and more particularly described as follows:
ALL THAT CERTAIN tract of land situated in the Township of Newlin, County of Chester, Commonwealth of Pennsylvania described in accordance with the Plan of Water System Property at the Embreeville Center prepared by PHILADELPHIA SUBURBAN WATER COMPANY, as shown on plan A-4745, dated February 2, 2000. BEGINNING at a point on the title line of Embreeville Road, (L.R.273) (Pa.Rt.162), (40' wide).
THENCE from said point of beginning and continuing along said title line along an arc of a curve, curving to the left a radius of 2,200.00 feet, and an arc distance of 20.00 feet to a point;
THENCE through the lands of said GRANTOR the five (5) following courses and distances:
1. South 02 degrees 30 minutes 00 seconds West, a distance of 384.98 feet to a point;
2. THENCE South 87 degrees 30 minutes 00 seconds East, a distance of 148.75 feet to a point on proposed EASEMENT "A";
3. THENCE continuing along said proposed easement South 02 degrees 30 minutes 00 seconds West, a distance of 20.00 feet;
4. THENCE leaving said easement North 87 degrees 30 minutes 00 seconds West, a distance of 168.75 feet to a point;
5. THENCE North 02 degrees 30 minutes 00 seconds East, a distance of 404.93 feet to the first mentioned point and place of beginning.
CONTAINING 11,074.39 Sq. Ft., more or less.
(d) Additional easement.--A permanent easement to be conveyed pursuant to this section consists of a 20-foot wide easement comprising approximately 25,000 square feet from the Embreeville Center potable water system to the existing water supply well, situate in Newlin Township, Chester County, bounded and more particularly described as follows:
ALL THAT CERTAIN tract of land situate in the Township of Newlin, County of Chester, Commonwealth of Pennsylvania, described in accordance with the Plan of Water System Property at the Embreeville Center prepared by PHILADELPHIA SUBURBAN WATER COMPANY, as shown as Easement "A" on plan A-4745, dated February 2, 2000.
BEGINNING at a point on a proposed property line separating the lands of said GRANTOR and GRANTEE, said point being located the three following courses and distances from a point located on the title line of Embreeville Road, (L.R.273)(Pa. Rt. 162), (40 feet wide) a common corner of land between said GRANTOR and GRANTEE.
1. Leaving said title line and along a line common to said GRANTOR and GRANTEE South 29 degrees 50 minutes 21 seconds East, a distance of 186.09 feet to a point;
2. THENCE continuing along same South 52 degrees 38 minutes 58 seconds West, a distance of 96.55 feet to a point;
3. THENCE, leaving said common line and along the said proposed property line South 36 degrees 57 minutes 30 seconds East, a distance of 40.11 feet to the point of beginning.
THENCE from said point of beginning and continuing along same South 36 degrees 57 minutes 30 seconds East, a distance of 22.66 feet to a point;
THENCE leaving said proposed property line and through the lands of said GRANTOR the nine (9) following courses and distances:
1. South 25 degrees 00 minutes 00 seconds West, a distance of 201.32 feet to a point;
2. THENCE South 02 degrees 30 minutes 00 seconds West, a distance of 796.91 feet to a point;
3. THENCE South 87 degrees 30 minutes 00 seconds East, a distance of 25.00 feet to a point;
4. THENCE South 02 degrees 30 minutes 00 seconds West, a distance of 70.00 feet to a point;
5. THENCE North 87 degrees 30 minutes 00 seconds West, a distance of 70.00 feet to a point;
6. THENCE North 02 degrees 30 minutes 00 seconds East, a distance of 70.00 feet to a point;
7. THENCE South 87 degrees 30 minutes 00 seconds East, a distance of 25.00 feet to a point;
8. THENCE North 02 degrees 30 minutes 00 seconds East, a distance of 800.89 feet to a point;
9. THENCE North 25 degrees 00 minutes 00 seconds East, a distance of 215.95 feet to the first mentioned point and place of beginning.
CONTAINING 25,050.69 Sq. Ft., more or less.
(e) Additional easement.--A permanent easement to be conveyed pursuant to this section consists of a 20-foot wide easement comprising approximately 19,000 square feet from the Embreeville Center potable water system to the existing water supply well, situate in Newlin Township, Chester County, bounded and more particularly described as follows:
ALL THAT CERTAIN tract of land situate in the Township of Newlin, County of Chester, Commonwealth of Pennsylvania, described in accordance with the Plan of Water System Property at the Embreeville Center prepared by PHILADELPHIA SUBURBAN WATER COMPANY, as shown as Easement "B" on plan A-4745, dated February 2, 2000.
BEGINNING at a point on a proposed property line separating the lands of said GRANTOR and GRANTEE, said point being located the four following courses and distances from a point located on the title line of Embreeville Road, (Pa. Rt. 162), (40 feet wide) a common corner of land between said GRANTOR and GRANTEE.
1. LEAVING said title line and along a line common to said GRANTOR and GRANTEE South 29 degrees 50 minutes 21 seconds East, a distance of 186.09 feet to a point;
2. THENCE continuing along same South 52 degrees 38 minutes 58 seconds West, a distance of 96.55 feet to a point;
3. THENCE leaving said common line and along the said proposed property line south 36 degrees 57 minutes 30 seconds East, a distance of 96.05 feet to an iron pin set on the corner of the proposed property;
4. THENCE along said proposed property line North 52 degrees 38 minutes 58 seconds East, a distance of 57.49 feet to a point of beginning.
THENCE from said point of beginning and continuing along the same North 52 degrees 38 minutes 58 seconds West, a distance of 20.14 feet to a point;
THENCE leaving said proposed property line and continuing through the lands of said GRANTOR the seven (7) following courses and distances.
1. THENCE South 44 degrees 11 minutes 02 seconds East, a distance of 721.01 feet to a point;
2. THENCE North 45 degrees 48 minutes 58 seconds East, a distance of 12.62 feet to a point;
3. THENCE South 44 degrees 11 minutes 02 seconds East, a distance of 70.00 feet to a point;
4. THENCE South 45 degrees 48 minutes 58 seconds West, a distance of 70.00 feet to a point;
5. THENCE North 44 degrees 11 minutes 02 seconds West, a distance of 70.00 feet to a point;
6. THENCE North 45 degrees 48 minutes 58 seconds East, a distance of 37.38 feet to a point;
7. THENCE North 44 degrees 11 minutes 02 seconds West, a distance of 723.41 feet to the point of beginning.
CONTAINING 19,344.20 Sq. Ft. more or less.
(f) Conditions.--For the efficient operation and maintenance of the facilities being conveyed, the Department of General Services is authorized and directed to grant title to the facilities and easements for the transmission mains between the water treatment plant and water storage tanks and such land which extends 10 feet beyond all terminuses of the respective transmission main and the appurtenances thereto. Specifically, each easement as granted by this section shall consist of a strip of land twenty and no one-hundredths (20.00) feet wide, which easement shall be centered over the transmission mains and the appurtenances thereto, as described above. Said easements are to be perpetual and exclusive for the entire 20-feet width.
(g) Other easements.--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.
(h) Execution.--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.
(i) Costs.--Costs and fees incidental to this conveyance shall be borne by the Grantee.