Section 2. Moosic Realty Company.
(a) Authorization.--The Department of General Services, with the approval of the Department of Environmental Protection and the Governor, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to Moosic Realty Company 14,360 square feet (0.33 acres) of land, more or less, as described in section 2 for fair market value as determined by independent appraisal.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of ALL THAT CERTAIN tract or lot of land situate in the Borough of Moosic, County of Lackawanna, and Commonwealth of Pennsylvania, bounded and described in accordance with a survey thereof made by, Terrence McAllister, P.L.S., on June 14, 2001, as follows, to wit:
BEGINNING at an iron pin corner marking the northwesterly corner of the lands of Melio LoPrete et al and other lands of Moosic Realty Company, said iron pin corner also being distant one hundred fifty-eight and fifty-four hundredth (158.54) feet on a bearing of North forty-two degrees fifty-seven minutes zero seconds East from the intersection of the centerline of Brook Street extended to the easterly right of way line of Elm Street; thence North forty-two degrees fifty-seven minutes zero seconds East a distance of forty-three and sixty-three hundredths (43.63) feet to a point on the face of the concrete Moosic Flood Control Project dike structure; thence along said structure on a curve to the left with a radius of six hundred eighty-one and zero hundredths (681.00) feet an Arc length of ten and seventy- one hundredths (10.71) feet with a Chord bearing of South twenty-nine degrees forty-one minutes and forty-seven seconds East a distance of ten and seventy-one hundredths (10.71) feet to a point of a compound curve at centerline station 189+50.64; thence along said structure on a curve to the left with a Radius of three hundred fifty-one and zero hundredths (351.00) feet an Arc length of one hundred twenty and ninety hundredths (120.90) feet with a Chord bearing Of South forty degrees twenty-six minutes eighteen seconds a chord distance of one hundred twenty and thirty-one hundredths (120.31) feet to a point of a compound curve at centerline station 188+37.53; thence along said structure on a curve to the left with a Radius of six hundred eighty-one and zero hundreds (681.00) feet an Arc length of seventy-five and forty-seven hundredths (75.47) feet with a chord bearing of south fifty-three degrees twenty-eight minutes twenty-three seconds East a chord distance of seventy-five and forty-four hundredths (75.44) feet to a point of curve at station 187+64.38; thence continuing along said structure south fifty-six degrees thirty-nine minutes twenty-three seconds East a distance of two hundred fifty-seven and fifty-one hundredths (257.51) feet to a point of tangency at station 185+06.47; thence continuing along said structure on a curve to the right with a Radius of eight hundred fifty-nine and zero hundredths (859.00) feet an Arc length of fifty-eight and ninety-seven hundredths (58.97) feet with a Chord bearing of south fifty-four degrees forty-one minutes twenty three seconds East a chord distance of fifty-eight and ninety-six hundredths (58.96) feet to a point on a compound curve at station 184+46.06; thence along said structure on a curve to the right with a Radius of four hundred nineteen (419.00) feet an Arc length of eighty-six and twenty-five hundredths (86.25) feet with a Chord bearing South forty-six degrees forty-nine minutes thirty-three seconds East a chord distance of eighty-six and ten hundredths (86.10) feet to a point on the curve; thence leaving the face of the concrete structure North eighty-four degrees fifty four minutes zero seconds West a distance of sixty-two and ten hundredths (62.10) feet to a point on the easterly right-of-way line of Elm Street and a perpendicular distance of twenty-nine and seventy- eight (29.78) feet from said structure; thence North thirty- eight degrees twenty-three minutes fifty-nine seconds West a distance of eighty-six and forty-five hundredths (86.45) to a point measured on a perpendicular distance of nineteen and zero hundredths (19.00) feet to said structure; thence North seventy- six degrees thirty minutes fifty-one seconds West a distance of seventy-nine and forty-one hundredths (79.41) feet to a point measured a perpendicular distance of forty-six and zero hundredths (46.00) feet from said structure; thence North thirty-eight degrees two minutes twenty-seven seconds West a distance of one hundred and twenty-four hundredths (100.24) feet to a point measured a perpendicular distance of fourteen and zero hundredths (14.00) feet from said structure; thence North fifty-seven degrees fifty-one minutes fifty-five seconds West a distance of ninety-four and eighty hundredths (94.80) feet to a point measured a perpendicular distance of sixteen and zero hundredths (16.00) feet from said structure; thence North fifty- eight degrees forty-eight minutes eighteen seconds West a distance of one hundred forty-five and fifty-three hundredths (145.53) feet to a point measured a perpendicular distance of thirty-nine and zero hundredths (39.00) feet from said structure; thence North thirty-seven degrees fifty-seven minutes nineteen seconds West a distance of forty-seven and ninety-nine hundredth (47.99) feet to a point measured a perpendicular distance of thirty-nine and eighty-seven (39.87) feet from said structure; thence North thirty-seven degrees fifty-seven minutes nineteen seconds West a distance of seventeen and seventy-two hundredths (17.72) to a point and place of beginning.
CONTAINING 14,360 square feet (0.33 acres) of land, more or less. EXCEPTING AND RESERVING to the Commonwealth of Pennsylvania, its agencies or designees, the area encompassing a twelve (12) foot wide earthen berm which runs adjacent to, and parallel with, the existing concrete flood control structure.
(c) Permanent easement.--The conveyance shall be made under and subject to Moosic Realty Company granting and conveying to the Commonwealth of Pennsylvania a permanent easement right-of- way through lands of Moosic Realty Company situate in the Borough of Moosic, County of Lackawanna and Commonwealth of Pennsylvania, bounded and described in accordance with a survey thereof made by Terrence McAllister, P.L.S., as is hereinafter described:
BEGINNING at a iron pin set at the intersection of the southeasterly line of lands of Moosic Realty Company and the northerly right of way line of Elm Street, thence North thirty- eight degrees twenty-three minutes fifty-nine seconds West a distance of twenty-eight and ninety-four feet to a corner; thence South Five degrees Six minutes zero seconds West a distance of twenty and ninety-one hundredths (20.91) feet to a point on the northerly right of way line of Elm Street; thence along the northerly right of way line of Elm Street South eight- four degrees fifty-four minutes zero seconds East a distance of twenty and zero hundredths (20.00) feet to a point on the northerly right-of-way line of Elm Street, the place of beginning.
(d) Easements and restrictions.--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.
(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) Disposal.--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 2405-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.