Section 4. (a) The Department of General Services, the Department of Public Welfare and the Board of Trustees of Ashland State General Hospital, with the approval of the Governor, are hereby authorized and directed, on behalf of the Commonwealth, to grant and convey, subject to the right of reentry and reversionary interests set forth in this act, to Ashland Area Community Hospital, Incorporated, a nonprofit corporation organized and operating in this Commonwealth, in consideration of the agreement of Ashland Area Community Hospital, Incorporated, to use such properties in the operation of a hospital or other health care facility in accordance with the terms of this act, the following tracts of land situate in the Township of Butler, Schuylkill County, together with any and all buildings and improvements now or hereafter located on or at, and used in connection with, the real property presently comprising Ashland State General Hospital. For the purposes of this section and sections 5, 6, 7 and 8, the term "real property" shall include, without limitation, such land, buildings and improvements, including fixtures and attachments thereto, and which real property is presently utilized in the operation of the Ashland State General Hospital, bounded and described as follows:
All those certain eight parcels of land with buildings and improvements, if any, erected thereon situate, lying and being in the Commonwealth, County of Schuylkill, Township of Butler, bounded and described as follows:
Tract No. 1
Beginning at a stone corner of Necho Allen Tract in the east line of Fountain Spring Tract; thence along the line between Fountain Spring Tract and land now or late of Robert Carr Wilson (party hereto) so, 12 degrees 56 minutes west 300 feet to a post; thence through lands now or late of Robert Carr Wilson aforesaid, north 71 degrees 40 minutes west 500 feet to a post; thence north 12 degrees 56 minutes east 300 feet to the south line of the Necho Allen Tract; thence along the Necho Allen Tract, south 71 degrees 40 minutes east 500 feet to the place of beginning.
Containing 3 acres and 68 7/10 perches.
Being the same premises which Robert Carr Wilson and Catherine Wilson, his wife, by their deed dated January 31, 1880, and recorded in the Office of the Recorder of Deeds of Schuylkill County on June 29, 1880, in Deed Book 156, Page 102, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 2
Beginning at a set stone, a corner of the Preston lands in the west line of the Fountain Spring Tract; thence by the dividing line between the Preston lands and the Fountain Spring Tract, north 12 degrees 56 minutes east 648 feet to the south side of the Centre Turnpike; thence along the south side of the said Centre Turnpike, north 78 degrees 10 minutes west 5 1/2 feet; thence north 77 degrees 34 minutes west 180 feet; thence north 75 degrees 24 minutes west 314 8/10 feet to a post on the south side of the said Centre Turnpike; thence south 12 degrees 56 minutes west 607 feet to the south line of the Preston lands; thence along the south line of the Preston lands and north line of R. C. Wilson's lands, south 71 degrees 40 minutes east 500 feet to the place of beginning.
Containing 7 acres and 24 4/10 perches.
Also, beginning at a set stone, a corner of the Preston lands in the west line of the Fountain Spring Tract; thence by the dividing line between the Preston lands and the Fountain Spring Tract, north 12 degrees 56 minutes east 648 feet to the south side of the Centre Turnpike; thence along the south side of the said Centre Turnpike, north 78 degrees 10 minutes west 5 1/2 feet; thence north 77 degrees 34 minutes west 180 feet; thence north 75 degrees 24 minutes west 314 8/10 feet to a post on the south side of the said Centre Turnpike; thence south 12 degrees 56 minutes west 607 feet to the south line of the Preston lands; thence along the south line of the Preston lands and north line of R. C. Wilson's lands, south 71 degrees 40 minutes east 500 feet to the place of beginning.
Containing 7 acres and 27 4/10 perches.
Being the same premises which The Preston Coal and Improvement Company, by deed dated January 31, 1880, and recorded June 29, 1880, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 156, Page 105, granted and conveyed unto the Commonwealth of Pennsylvania a one-third interest in said tract; and being part of the same premises which The Philadelphia and Reading Coal and Iron Company by deed dated January 31, 1880, and recorded June 29, 1880, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 156, Page 109, granted and conveyed unto the Commonwealth of Pennsylvania a two-thirds interest in said tract.
Tract No. 3
Beginning at a set stone, a corner of the Preston lands in the west line of the Fountain Spring Tract; thence by the dividing line between the Preston lands and the Fountain Spring Tract, north 12 degrees 56 minutes east 648 feet to the south side of the Centre Turnpike; thence along the south side of the said Centre Turnpike, south 78 degrees 10 minutes east 372 feet to a stone; thence south 12 degrees 56 minutes west 992 feet to a stake; thence north 71 degrees 40 minutes west 373 feet to a post; thence north 12 degrees 56 minutes east 300 feet to the place of beginning.
Containing 8 acres and 44 1/2 perches.
Being part of the same premises which The Philadelphia and Reading Coal and Iron Company, by deed dated January 31, 1880, and recorded June 29, 1880, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 156, Page 109, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 4
Beginning at a point, the intersection of the west line of the State Hospital grounds with the south line of The Philadelphia and Reading Coal and Iron Company and north line of Sarah Jane Dornsife; thence along said west line of State Hospital grounds, south 16 degrees 30 minutes west 303 feet to a post; thence north 73 degrees 30 minutes west 191.06 feet to a stake; thence north 16 degrees 30 minutes east 303 feet to a stake; thence south 73 degrees 30 minutes east 191.06 feet to the point of beginning.
Containing 1 1/3 acres, more or less.
Being the same premises which Elias Dornsife and Sarah Jane Dornsife, his wife, by their deed dated October 11, 1900, and recorded in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 290, Page 226, granted and conveyed unto the trustees of the State Hospital for Injured Persons of the Anthracite Coal Region of Pennsylvania.
Tract No. 5
Beginning at a point in the western line of the Miners Hospital grounds and on the south side of the Centre Turnpike; thence along said Turnpike, north 70 degrees west 490 feet to a stake; thence south 04 degrees 43 minutes west 613 5/10 feet to a stake and stones in the south line of the Preston lands; thence along said line, south 71 degrees 40 minutes east 400 feet to the western line of the hospital grounds aforesaid; and thence along the same, north 12 degrees 56 minutes east 584 feet to the place of beginning.
Containing 6 acres, strict measure.
Being the same premises which The Philadelphia and Reading Coal and Iron Company and The Preston Coal and Improvement Company, by deed dated May 16, 1905, and recorded June 29, 1905, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 301, Page 646, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 6
Beginning at a stake, a corner of the land of the party of the first part, and also of The Philadelphia and Reading Coal and Iron Company, and in the south line of the lands of the party of the second part, said point of beginning being north 71 degrees 40 minutes west 373 feet from Iron Monument No. 2, which marks the southeast corner of the land of the party of the second part; thence along land of the party of the second part, north 71 degrees 40 minutes west 500 feet to the southwest corner of lands conveyed to the party of the second part by Robert C. Wilson and wife, by deed dated January 31, 1880, and in the line of land conveyed to the party of the second part by Elias Dornsife and wife, by deed dated October 11, 1900, thence along said last mentioned land the three following courses of distances: south 12 degrees 56 minutes west 03 feet to the southeast corner; thence north 71 degrees 40 minutes west 191 6/10 feet to the southwest corner; thence north 12 degrees 56 minutes east 303 feet to the northwest corner of said last mentioned land and in the south line of land conveyed by The Preston Coal and Improvement Company and The Philadelphia and Reading Coal and Iron Company to the party of the second part, by deed dated May 16, 1905; thence along last mentioned land, north 71 degrees 40 minutes west 208 4/10 feet to the southwest corner of said last mentioned land; thence along other lands of the party of the first part, south 12 degrees 56 minutes west 438 feet to a stake, and thence still along land of the party of the first part, south 80 degrees 28 minutes east 897 2/10 feet to the place of beginning.
Containing 2.84 acres.
Together with the right to construct a sewer from a point in the south line of the land hereby demised, said point being due south from the nurse's home to be built upon the demised premises, in a southerly direction across the land of the party of the second part, a distance of 245 feet more or less, to the sewer line now in use by the party of the second part upon the land of the party of the first part, under an agreement between the parties hereto, dated October 11, 1895, and also the right of ingress and regress for maintaining and repairing the said sewer.
Being the same premises which Elias Dornsife and Sarah J. Dornsife, his wife, by their deed dated May 29, 1908, and recorded June 8, 1908, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 349, Page 134, granted and conveyed unto the trustees of the State Hospital for Injured Persons of the Anthracite Coal Region of Pennsylvania.
Tracts 1 through 6 are also being part of the same premises which The General State Authority, by deed dated November 13, 1986, and recorded December 29, 1986, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 1385, Page 657, granted and conveyed unto the Commonwealth of Pennsylvania, acting by and through the Department of General Services, under and by virtue of section 4(d) of The General State Authority Act, as amended; and are part of the same premises which The General State Authority, by deed dated June 19, 1989, and recorded April 4, 1990, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 1444, Page 116, granted and conveyed unto the Commonwealth of Pennsylvania, acting by and through the Department of General Services, under and by virtue of section 4(d) of The General State Authority Act, as amended. Tracts 4 and 6 are included in these deeds; however, no deed from the trustees of the State Hospital for Injured Persons of the Anthracite Coal Region of Pennsylvania was recorded.
Tract No. 7
RESERVOIR PROPERTY
Beginning at a stake in the north line of the Jacob Will Tract, said stake being north 64 degrees 30 minutes east 2649 feet from the post and stones corner in the north line of the Killian May Tract which is also a corner between the lands of Owen Colihan and William Hadesky; thence south 22 degrees 16 minutes east 118 feet to a stake; thence south 48 degrees 04 minutes east 446 1/10 feet to a stake; thence south 41 degrees and 44 minutes west 405 5/10 feet to a stake; thence north 47 degrees 45 minutes west 265 6/10 feet to a stake; thence south 42 degrees 15 minutes west 206 3/10 feet to a stake; thence north 48 degrees 45 minutes west 187 7/10 feet to a stake; thence north 25 degrees 52 minutes west 341 feet to a stake in the north line of said tracts, and thence north 63 degrees 57 minutes east 577 2/10 feet to the place of beginning.
Containing 8 acres.
Together with all the water that naturally flows in the stream which empties into the dam erected upon said above described premises.
Being the same premises which Albert Thompson and Mary E. Thompson, his wife, by their deed dated August 5, 1907, and recorded September 6, 1907, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 306, Page 471, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 8
RESERVOIR PROPERTY
Beginning at a stake in the south line of the tract conveyed unto the Commonwealth of Pennsylvania, by Albert Thompson and Mary E. Thompson, August 5, 1907, said stake being north 41 degrees 44 minutes east 233 feet from the southwest corner of the aforementioned tract; thence along the south line of said tract, north 41 degrees 44 minutes east 150 feet to a stake, said stake being south 41 degrees 44 minutes west 22 5/10 feet from a post and stone corner in the south line of said tract; thence south 48 degrees 04 minutes east 200 feet to a stake; thence south 41 degrees 44 minutes west 150 feet to a stake; thence north 48 degrees 04 minutes west 200 feet to the point of beginning.
Containing 0.69 acres.
Together with all the water that naturally flows in the stream which empties into the catch basin erected or to be erected upon the said above-described premises.
Subject to the exceptions and reservations contained in deed from Albert Thompson and Mary E. Thompson, his wife, to the grantee herein, dated August 5, 1907, and recorded in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 306, Page 471.
Being the same premises which S. Maude Kaemmerling, widow, by deed dated February 17, 1939, and recorded February 20, 1939, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book 610, Page 65, granted and conveyed unto the Commonwealth of Pennsylvania.
Together with all easements, including, but not limited to, the following:
(1) Agreement between George M. Hadesty and the trustees of the State Hospital for Injured Persons of the Anthracite Coal Region of Pennsylvania, dated December 27, 1895 and recorded April 16, 1896, in Schuylkill County Miscellaneous Book 24, Page 80.
(2) Rights of Way Agreement and Release between Clair Dimler, Executor, et al., and the Commonwealth of Pennsylvania, dated May 18, 1970, and recorded June 23, 1970, in Schuylkill County Miscellaneous Book 165, Page 398.
(3) Rights acquired by Action in Condemnation filed in the Court of Common Pleas of Schuylkill County to 487, March Term, 1964, by General State Authority vs. Frederick H. Bickert and Alma V. Bickert, his wife.
(4) Deed of Easement and Right of Way and Release between John S. Olivieri and Isabelle M. Olivieri and the Commonwealth of Pennsylvania, dated November 17, 1988, and recorded August 4, 1989, in Schuylkill County Miscellaneous Book 272, Page 282.
(5) Deed of Easement and Right of Way and Release between Michael J. Zaharick and Deborah L. Zaharick, his wife, and the Commonwealth of Pennsylvania, dated November 17, 1988, and recorded August 4, 1989, in Schuylkill County Miscellaneous Book 272, Page 290.
(6) Deed of Easement and Right of Way and Release between Thomas J. Dougherty and Clare H. Dougherty, his wife, and the Commonwealth of Pennsylvania, dated November 21, 1988, and recorded August 4, 1989, in Schuylkill County Miscellaneous Book 272, Page 298.
(7) Deed of Easement and Right of Way and Release between Eric Briel and Coleen Briel, his wife, and The Commonwealth of Pennsylvania, dated November 17, 1988, and recorded August 4, 1989, in Schuylkill County Miscellaneous Book 272, Page 306.
(b) Notwithstanding any discrepancies with the legal description of the real property contained in subsection (a), the intent of this act is to authorize the conveyance of the real property presently comprising the property of Ashland State General Hospital as determined by a valid title search to be performed in anticipation of conveyance.
(c) The documents of conveyance shall convey any and all tenements, hereditaments and appurtenances belonging to the real property, or in any way pertaining thereto, and all streets, alleys, passages, ways, water courses, water rights and all leasehold estates, easements and covenants now existing or hereafter created for the benefit of the owner or tenant of the real property, and all rights to enforce the maintenance of such real property, and all other rights, liberties and privileges of whatsoever kind or character, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law or in equity, of the Commonwealth in and to the real property.
(d) The conveyance described in this section 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 interests, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the real property.
(e) Title to the real property to be conveyed shall be such as is acceptable to Ashland Area Community Hospital, Incorporated. If acceptable title cannot be conveyed, the Commonwealth's obligation to convey acceptable title to the real property shall cease.
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.