Section 2. (a) The Department of General Services, with the approval of the Governor and the Department of Agriculture, is hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey, for a consideration of one-half of the fair market value as determined by an appraisal, conducted by the Department of General Services, to the County of Chester the following tract of land situate in West Bradford Township and Newlin Township, Chester County, Pennsylvania, bounded and described as follows:
All that certain tract of land situated on the north and south sides of Embreeville Road (Pa.162) in Newlin and West Bradford Townships, County of Chester and Commonwealth of Pennsylvania, as the same appears on a survey performed by N. M. Lake and Associates, Inc., Civil Engineers and Land Surveyors, Oxford, Pennsylvania, and bounded and described as follows to witness:
Beginning at a point in the center line of Embreeville Road (Pa.162) and being 364.94 feet east of the center line intersection of Embreeville Road (Pa.162) and Groundhog College Road and also the northwest corner of lands of Robert E. Heyburn, Jr.; thence (1) along lands of Heyburn south 15 degrees 42 minutes 56 seconds east 2,534.81 feet to a 3/4 inch iron pipe set in line of lands of Charles T. Keller, having passed over a concrete monument found 30.90 feet south of the center line of Embreeville Road (Pa.162) and also having crossed over Groundhog College Road; thence (2) along lands of Keller and lands of James S. and Harriet Jane Kries north 64 degrees 03 minutes 35 seconds west 1,474.63 feet to a concrete monument found at the northwest corner of lands of Kries; thence (3) along lands of Kries and Michael S. and Joan Maritsch south 41 degrees 57 minutes 30 seconds west 584.43 feet to an old, rusty 1/2 inch iron pipe found at a corner of lands of Maritsch; thence (4) continuing along lands of Maritsch south 60 degrees 55 minutes 39 seconds west 1,336.72 feet to a point in the center line of Glen Hall Road, having passed over a concrete monument found 18.72 feet east of the center line of Glen Hall Road; thence (5) along in Glen Hall Road north 36 degrees 04 minutes 01 second west 280.00 feet to a point in the center line of Glen Hall Road at the northeast corner of lands of Buck and Doe Run Valley Farms Co.; thence (6) along lands of Buck and Doe Run Valley Farms Co. north 88 degrees 04 minutes 01 second west 214.50 feet to a point in the West Branch of the Brandywine Creek; thence along in the West Branch of the Brandywine Creek and along lands of Buck and Doe Run Valley Farms Co. the following four courses and distances (7) north 25 degrees 40 minutes 23 seconds west 275.55 feet to a point; thence (8) north 59 degrees 22 minutes 44 seconds west 126.72 feet to a point; thence (9) south 77 degrees 15 minutes 46 seconds west 389.41 feet to a point; thence (10) south 68 degrees 00 minutes 46 seconds west 201.30 feet to a point; thence (11) continuing along lands of Buck and Doe Run Valley Farms Co. south 42 degrees 44 minutes 25 seconds east 126.59 feet to a point on the northerly line of the Reading Railroad, having passed over a 4-inch iron pipe found 4.49 feet north of said line; thence along the northerly line of the Reading Railroad the following two courses and distances (12) along the arc of a 630.00 foot curve to the left 145.73 feet to the point of compound curvature and having a chord distance of 145.41 feet and bearing south 74 degrees 55 minutes 12 seconds west; thence (13) along the arc of a 7,130.00 foot radius curve to the left 515.17 feet to a point 7.08 feet north of a concrete monument found within the lands of the Reading Railroad, said point being a corner of lands of the Commonwealth of Pennsylvania and said curve having a chord distance of 515.06 feet and bearing south 65 degrees 26 minutes 45 seconds west; thence along lands of the Commonwealth of Pennsylvania the following six courses and distances (14) north 09 degrees 21 minutes 10 seconds east 45.72 feet to a point in the West Branch of the Brandywine Creek; thence along in the West Branch of the Brandywine Creek the following two courses and distances (and continuing along lands of the Commonwealth of Pennsylvania) (15) south 87 degrees 06 minutes 27 seconds west 125.40 feet to a point; thence (16) north 52 degrees 38 minutes 34 seconds west 214.50 feet to a point; thence (17) north 04 degrees 15 minutes 20 seconds east 1,171.50 feet to a point; thence (18) south 85 degrees 44 minutes 40 seconds east 476.85 feet to a point; thence (19) north 00 degrees 29 minutes 40 seconds west 985.57 feet to a point in the center line of Embreeville Road (Pa.162); thence along the center line of Embreeville Road (Pa.162) the following six courses and distances (20) along the arc of a 1,000.00 foot radius curve to the right 148.44 feet to the point of tangency and having a chord distance of 148.30 feet and bearing south 74 degrees 35 minutes 04 seconds east; thence (21) south 70 degrees 19 minutes 52 seconds east 412.72 feet to a point; thence (22) south 74 degrees 40 minutes 05 seconds east 150.24 to a point; thence (23) south 85 degrees 43 minutes 57 seconds east 205.67 feet to a point, having passed over the center line intersection of Embreeville Road (Pa.162) and Glen Hall Road 78.93 feet west of said point; thence (24) north 82 degrees 47 minutes 04 seconds east 352.39 feet to a point; thence (25) north 81 degrees 20 minutes 33 seconds east 908.13 feet; thence along lands of the Commonwealth of Pennsylvania and in a dirt lane the following four courses and distances (26) north 27 degrees 25 minutes 40 seconds east 479.45 feet to a point; thence (27) north 36 degrees 28 minutes 53 seconds west 467.71 feet to a point; thence (28) north 65 degrees 49 minutes 50 seconds west 373.41 feet to a point; thence (29) north 19 degrees 13 minutes 09 seconds west 444.30 feet to a point at a corner of lands of the Devereux Foundation; thence along lands of the Devereux Foundation the following two courses and distances (30) north 79 degrees 36 minutes 53 seconds east 1,987.01 feet to a concrete monument found, having passed over a concrete monument found 24.48 feet east of the point in the dirt lane; thence (31) south 16 degrees 58 minutes 46 seconds east 1,065.23 feet to a point in the center line of Embreeville Road (Pa.162), having passed over a concrete monument found 19.57 feet north of the center line of Embreeville Road (Pa.162); thence (32) along the center line of Embreeville Road (Pa.162) south 63 degrees 32 minutes 58 seconds west 246.13 feet to the point of beginning.
Containing 236.593 acres, more or less.
Less and excepting a 5.9 acre tract conveyed to the Pennsylvania Department of Transportation by agreement dated August 18, 1982, bounded and described as follows:
Beginning at a point in Embreeville Road (T.R.162, L.R.273), said point being south 67 degrees 34 minutes 30 seconds west 251.97 feet from the intersection of Embreeville Road (L.R.273) and Groundhog College Road (T.R.428); thence from said point of beginning, the following four courses and distances along Embreeville Road, (1) south 67 degrees 34 minutes 30 seconds west 162.86 feet to a point; thence (2) south 76 degrees 32 minutes 00 seconds west 357.65 feet to a point; thence (3) south 82 degrees 10 minutes 29.09 seconds west 241.18 feet to a point; thence (4) south 86 degrees 17 minutes 59.9 seconds west 238.31 feet to a point; thence, leaving Embreeville Road, north 32 degrees 24 minutes 59.09 seconds east 492.25 feet to a point; thence south 80 degrees 16 minutes 57.7 seconds east 118.41 feet to a point; thence north 89 degrees 30 minutes 00 seconds east 441.15 feet to a point; thence south 36 degrees 42 minutes 01.2 seconds east 256.65 feet to said point of beginning in Embreeville Road.
Containing 257,828.8 square feet or 5.919 acres.
The conveyance shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of land or improvements erected thereon.
(b) The deed of conveyance shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes and that the existing improvements upon the lands may be renovated and utilized for county and local government programs and services and, if at any time the county or its successor in function conveys the property to any entity other than West Bradford Township or permits the property to be used for any purpose other than those specified in this section, the title to the property shall immediately revert to and revest in the Commonwealth of Pennsylvania. The deed of conveyance from Chester County to West Bradford Township shall contain a clause that the lands conveyed shall be used for recreation, open space or agricultural purposes with approximately 25% of the property conveyed to be enhanced by West Bradford Township with a wastewater spray irrigation system with appurtenances to facilitate groundwater recharge and to provide permanent green open space, and, if at any time West Bradford Township or its successors in function conveys the property or authorizes or permits the property to be used for any purpose other than those mentioned in this section, the title to the property shall immediately revert to and revest in the Commonwealth. ((b) amended Dec. 9, 2002, P.L.1514, No.194)
(c) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(d) Costs and fees incidental to the conveyance shall be borne by the grantee.