Section 9. (a) The Department of General Services, the Department of Public Welfare and the Board of Trustees of Coaldale State General Hospital, with the approval of the Governor, are hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey, subject to the right of reentry and reversionary interests set forth in this act, to Carbon Schuylkill Community Hospital, Incorporated, a nonprofit corporation organized and operating in this Commonwealth, in consideration of the agreement of Carbon Schuylkill 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 Borough of Coaldale, 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 Coaldale State General Hospital. For the purposes of this section and sections 10, 11, 12 and 13, 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 Coaldale State General Hospital, bounded and described as follows:
All those certain six parcels of lands with buildings and improvements, if any erected thereon, situate, lying and being in the Commonwealth of Pennsylvania, County of Schuylkill, Borough of Coaldale, bounded and described as follows:
Tract No. 1
All that certain lot or piece of ground situate in the Borough of Coaldale, County of Schuylkill and State of Pennsylvania, bounded and described as follows:
Beginning at a point on the north side of Phillip Street extended 50 feet westwardly from the east side of Seventh Street; thence extending westwardly along the north side of Phillip Street extended 400 feet, and extending of that width northwardly between parallel lines at right angles to said Phillip Street 685 feet to the land of The Lehigh Coal and Navigation Company which is the south side of Ridge Street extended. Bounded on the north by land of the said The Lehigh Coal and Navigation Company; on the east by said Seventh Street; on the south by land of the said The Lehigh Coal and Navigation Company; and on the west by land of the said company now leased to Eastern Pennsylvania Railways Company for a park.
Containing 6.29 acres, more or less, as shown colored in green on map attached to and made a part of deed for same premises from the said The Lehigh Coal and Navigation Company to The Panther Creek Valley Hospital Association.
Subject to the conditions and exceptions and reservations mentioned in the deed from The Lehigh Coal and Navigation Company to The Panther Creek Valley Hospital Association above-mentioned:
Subject to the condition that the said lot or piece of ground is to be used exclusively for hospital purposes and that on failure so to use, this conveyance is to become void and the said above-described real estate is to revert to the said The Lehigh Coal and Navigation Company, its successors and assigns; and the said The Lehigh Coal and Navigation Company, its successors and assigns, may re-enter upon and hold, possess and enjoy the said described premises as of its former estate and as if this indenture had never been made, and without further notice and without any liability to the said The Panther Creek Valley Hospital Association, its successors and assigns, or to anyone for so doing, and any attorney of any court having competent jurisdiction in said county, may appear for the said The Panther Creek Valley Hospital Association, its successors and assigns, in an amicable action of ejectment, to be entered in said court on behalf of the said The Lehigh Coal and Navigation Company against the said The Panther Creek Valley Hospital Association, its successors or assigns, for the said premises and without service of notice, upon filing a copy of said deed, confess judgment in ejectment therein against the said The Panther Creek Valley Hospital Association and in favor of the said The Lehigh Coal and Navigation Company for which this shall be a sufficient warrant, and thereupon a writ of Habere Facias Possessionem may issue upon said judgment, without any stay of execution; and the said The Panther Creek Valley Hospital Association does hereby remise, release and forever quit-claim unto the said The Lehigh Coal and Navigation Company all and all manner of error and errors, misprisions, misentries, defects and imperfections whatever in the entering of said judgment or in any process or proceeding thereon or thereto or anywise touching or concerning the same.
Excepting and reserving out of the said lot or piece of ground unto the party of the first part, its tenants, lessees, successors and assigns, all coal, ores and minerals with the right to mine and take away the same, to drive air holes to the surface of said lot or piece of ground and to pass over or through said lot or piece of ground, above and below the surface in all directions, for all purposes, necessary or convenient in mining coal, ore or minerals, from said lot or piece of ground or from any other land owned or leased by the party of the first part, its tenants, lessees, successors or assigns, or for the purpose of ventilating any mine owned or operated by the party of the first part, its tenants, lessees, successors or assigns, without thereby entitling the party of the second part, its successors or assigns, to any compensation for damage thereby done to said lot or piece of ground.
Provided, always, that neither the said party of the first part, its successors or assigns, nor any other party interested in the legal or equitable title to the estate, above reserved and excepted, shall be in any way responsible for the acts or omissions of the said party of the first part, its successors or assigns, or of its officers, agents, employees, lessees or tenants, in mining or preparing coal, ore or other minerals from said lot or any adjacent property or elsewhere nor for any loss or damage which said acts or omissions may cause to the party of the second part or any other person or persons, owners or occupiers of the said lot or piece of ground; it being a condition of this grant that the same is made and accepted, subject to the paramount right to mine and remove the coal under the said property, or in the vicinity thereof, as freely as if this conveyance had not been made, without any obligation or duty on the part of the miner to maintain, protect or support the surface.
Also, excepting and reserving to the party of the first part, its successors and assigns, all running springs and streams of water upon or adjacent to said lot or piece of ground, with the right to divert and use the same for mining and preparing coal or for any other purpose.
Also, excepting and reserving to the party of the first part, its successors and assigns, the full ownership of, in and to the roads, streets and alleys upon which said lot or piece of ground abuts, subject only to such use of the same by the party of the second part as is compatible with their use by the party of the first part, its successors and assigns, for any purpose necessary or convenient in carrying on the mining and preparation of coal, ore or minerals from its property adjacent to or in the vicinity of said roads, streets and alleys or for the purpose of supplying water, gas or other commodity to its collieries or to the community or for building sewers or other means of drainage for its land, collieries or the community.
Provided, always, nevertheless, and upon condition that if the said party of the second part, its successors or assigns, or any person occupying said lot or piece or ground shall at any time hereafter, upon the said lot or piece of ground, sell, vend or dispose of any beer, wine, rum, brandy, whiskey or any other fermented, vinous, spiritous or other intoxicating drink, without license so to do, that then and immediately thereupon, as well the present indenture as the estate hereby granted, shall cease, determine and become absolutely void; and the estate and premises hereby granted and all buildings and improvements thereon erected shall thereupon revert to the said The Lehigh Coal and Navigation Company, its successors and assigns, and the said company, its successors and assigns, may re-enter upon and hold, possess and enjoy the said described premises as of their former estate and as if this indenture had never been made.
Provided, always, nevertheless, and upon this further condition, that the said party of the second part, successors and assigns, or any other person occupying the whole or any part of the said lot or piece of ground shall not at any time apply for a license to sell intoxicating liquor at wholesale or retail to any court or other body having jurisdiction to grant such license without first obtaining the consent in writing to such application of the said party of the first part, its successors and assigns, whenever and as often as any such application for such license shall be made, and such written consent shall be filed with such application. If any such application shall be made without such written consent of the party of the first part, its successors and assigns, first being had and obtained and filed with such application, thereupon, as well as the present indenture as the estate hereby granted shall cease, determine and become absolutely void; and the estate and premises hereby granted with all buildings and improvements thereon erected shall thereupon revert to the said party of the first part, its successors and assigns, and the said party of the first part, its successors and assigns, may re-enter upon and hold, possess and enjoy the said described premises as of its former estate and as if this indenture had never been made.
Being the same premises which The Panther Creek Valley Hospital Association by deed dated June 11, 1912, and recorded December 10, 1912, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book No. 382 at Page 171, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 2
The surface of all that certain lot or piece of ground situate in the Borough of Coaldale, County of Schuylkill and State of Pennsylvania, bounded and described as follows:
Beginning at a point in the north side of Phillip Street, extended 450 feet westwardly from the east side of Seventh Street, and being the southwest corner of lands conveyed by the party of the first part to The Panther Creek Valley Hospital Association by deed bearing dated December 1, 1908, and recorded in the Office for the Recording of Deeds in and for said Schuylkill County, in Deed Book 348, Page 141, etc.; thence extending westwardly along the north side of Phillip Street extended 150 feet and extending of that width northwardly between parallel lines at right angles to said Phillip Street 685 feet to other lands of The Lehigh Coal and Navigation Company, which is the south side of Ridge Street extended. Bounded on the north by lands of the said The Lehigh Coal and Navigation Company; on the east by lands sold to aforesaid Hospital Association; on the south by lands of the said The Lehigh Coal and Navigation Company; and on the west by lands of the said company now leased to Eastern Pennsylvania Railways Company for a park.
Containing 2.358 acres, more or less.
Subject to the condition that the said lot or piece of ground is to be used exclusively for hospital purposes, and on failure so to use, this conveyance is to become void and the said above-described real estate is to revert to the said The Lehigh Coal and Navigation Company, its successors and assigns, which may re-enter upon and hold, possess and enjoy the said described premises as of its former estate and as if this indenture had never been made and without further notice and without any liability to the said Commonwealth of Pennsylvania, or its assigns, or to anyone for so doing.
Together with all and singular, the buildings, improvements, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the said surface of the said lot or parcel of ground above described, belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits of and from the surface of said lot and all the estate, right, title, interest, property, claim and demand whatsoever of the said party of the first part in law, equity or otherwise of, in, to or out of the surface of said lot; it being expressly understood by the grantee hereto that the rest, residue and remainder of the fee in and to the said lot or piece of ground is not hereby granted.
Excepting and reserving to the party of the first part, its tenants, lessees, successors and assigns, out of the grant of the surface of said lot all the oils, fossils or mineral coal, fireclay, iron and other ores and all minerals deposits that may be found on or in the herein granted premises, with the entire and exclusive right undiminished by this grant to mine, dig and carry away the same and to pass unto, over and through said surface of said lot in all directions for that purpose.
Also, excepting and reserving all running springs and streams of water on the surface of the ground which may at any time hereafter be diverted by the said party of the first part, its tenants, lessees, successors or assigns, if it should be deemed expedient for its or their use; and also the right to divert such streams and to wholly use and exhaust the waters thereof and to discharge into such streams mine water and coal dirt or culm and any other matter; and also the right to construct and maintain water and gas pipes and electric light, telephone and telegraph wires, under, over and upon such surface doing as little damage as practicable; and also the right to drive air holes or shafts through the surface hereby granted.
Also, excepting and reserving unto the said party of the first part, its successors and assigns, the right at all times to make use and keep in repair forever any railroad or railroads through, along and across the said premises and any and all streets, roads, lanes and alleys now laid out or which may be hereafter laid out, over or adjoining the said surface.
Also, excepting and reserving unto the said party of the first part, its successors and assigns, the full ownership of, in and to the roads, streets and alleys upon which said lot or piece of ground abuts, subject only to such use of the same by the party of the second part and its assigns as is compatible with their use by the party of the first part, its tenants, lessees, successors and assigns, for any purposes necessary or convenient in carrying on the mining and preparation of coal, ore or minerals from property adjacent to or in the vicinity of said roads, streets and alleys or for the purpose of supplying water, gas, electricity, telephone, telegraph or other commodity or service to its collieries or to the community or for building sewers or other means of drainage for its land, its collieries or for the use of the community.
This indenture is accepted by the said party of the second part for itself and its assigns with a full understanding and agreement that the exceptions, reservations and conditions herein contained have materially reduced the amount of the consideration paid by the party of the second part; and that in excavating and using the land below the surface for all purposes necessary or convenient in mining coal, ores or mineral from said land and from any other land which will be done as fully and freely as if this grant had not been made and as if the said party of the first part, its successors and assigns, remained the owner of the said surface or right of soil, no compensation shall be made by the party of the first part to the said party of the second part or its assigns either from the lessees under mining leases or from the party of the first part, its successors or assigns, for injuries to or destruction of the surface in its natural condition or to any improvements or to creatures, persons or property thereon, thereby occasioned, even though such mining and working should be negligently, unskillfully and improperly done and without provision for the support of the surface, either vertical or lateral, and the said party of the second part hereby fully and unconditionally releases and discharges forever the party of the first part, its tenants, lessees, successors and assigns, from any liability for any injury that may result to the surface of the said premises in its natural condition or to any improvements, creatures, persons or property thereon from the mining and removal of the said coal, ores or other minerals, whether said liability arises from the removal of the subjacent or the lateral support of the surface hereby granted; and further that any damages of any nature whatsoever or that may occur by reason of the mining and removal of all of the said coal and other minerals underneath the said premises or from the mining and removal of coal, ores or other minerals from the lands of the party of the first part have by such reduction been fully liquidated, released, paid and satisfied in full and the said party of the second part for itself and its assigns agrees by the acceptance of this indenture to take the said surface or right of soil with the full knowledge that the coal and other minerals thereunder have been or may be entirely mined out and removed, and that from such mining out and removal or from the mining out and removal of coal, ores or other minerals from other lands of the party of the first part or from careless mining or from other cause, the said surface and any improvements, creatures, property or persons thereon may be injured or entirely destroyed and that in this indenture there is no covenant or understanding, expressed or otherwise, that the said party of the first part, its tenants, lessees, successors or assigns, will sustain the said surface or any improvements thereon either by vertical or lateral support, but, on the contrary, this indenture is accepted by the said party of the second part, for itself and its assigns, with the full understanding and agreement that the said party of the first part does not agree, undertake or in anywise covenant to support said surface, either vertically or laterally, and that the said party of the first part, its tenants, lessees, successors and assigns, shall not in any event incur any liability whatsoever to the said party of the second part or its assigns for any injury that may occur to the said surface in its natural state or to any buildings or improvements now or hereafter erected thereon, or to any persons or creatures or property that may be thereon, by reason of mining and removal of all of the said coal and other minerals underneath the said lot or piece of ground or the mining and removal of coal or other minerals from any other lands or anything that may occur in connection therewith, or any consequence thereof, and the said party of the first part, its tenants, lessees, successors and assigns, shall not incur any liability to the said party of the second part or its assigns for any injury or damages that may occur to the said surface or to any person, buildings or personal property upon or in said surface, buildings or improvements by reason of the gases from the mines, dust, smoke and noise from the breaker where the coal from said premises, or from premises in the vicinity thereof, is prepared for market or from any other breaker or operation connected with the mining and preparation of coal by the party of the first part, its successors, tenants, lessees and assigns.
To have and to hold all and singular the surface of the said described lot or piece of ground hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances (excepting and reserving as herein excepted and reserved, and subject to all and singular, the conditions and covenants herein expressed and contained) unto the said party of the second part and its assigns to the only proper use and behoof of the said party of the second part and its assigns forever.
And this indenture is made, delivered and accepted upon the express condition that the said party of the first part, its successors, tenants, lessees and assigns, shall be and continue to be wholly free and discharged from any and all liability in any form whatsoever for any damages of any nature whatsoever, which may happen or accrue to the party of the second part or its assigns or to the surface or any improvements on the said surface erected or to be erected by reason of the mining out and removal, in whole or in part, of the said coal or minerals, from under said surface or from other lands mined by the party of the first part, its successors, tenants, lessees or assigns. And this condition and covenant, in addition to and not in qualification of all other legal effects and results, shall so operate and take effect as though an express release and discharge to the said party of the first part, its successors, tenants, lessees and assigns, from all and every liability for any such injury or damage had been specially in due form of law upon sufficient consideration executed and delivered by the party of the second part and its assigns to the party of the first part, its successors, tenants, lessees and assigns.
Being the same premises which The Lehigh Coal and Navigation Company, by deed dated September 1, 1920, and recorded September 14, 1920, in Schuylkill County Deed Book No. 445 at Page 2, granted and conveyed unto the Commonwealth of Pennsylvania.
Tract No. 3
The surface only of all that certain lot or piece of ground, situate in the Borough of Coaldale, County of Schuylkill and Commonwealth of Pennsylvania, bounded and described as follows:
Beginning at a point in the north side of Phillip Street extended 600 feet westwardly from the east side of Seventh Street and being the southwest corner of lands conveyed by The Lehigh Coal and Navigation Company to the Commonwealth of Pennsylvania, by deed dated September 1, 1920, and recorded in the Office for the Recording of Deeds in and for Schuylkill County in Deed Book No. 445, Page 2; thence (1) south 68 degrees 53 minutes west, a distance of 150.00 feet to a point; thence (2) north 21 degrees 07 minutes west, a distance of 685.00 feet to a point; thence (3) north 68 degrees 53 minutes east, a distance of 150.00 feet to a point; thence (4) south 21 degrees 07 minutes east, a distance of 685.00 feet to the point the place of beginning.
Containing 2.358 acres, more or less, as shown in yellow on Drawing L-1320 attached and made a part thereof.
Excepting and reserving to the party of the first part, its tenants, lessees, successors and assigns, out of the grant of the surface of said land, all oil, gas, coal, fireclay, iron and all mineral and subsurface matter (hereinafter called "reserved materials") that may be found on or in the herein granted premises, with the entire and exclusive right undiminished by this grant to mine, drill or pump, dig and carry away the same, and to pass into, over and through said surface of said land in all directions for that purpose.
Also, excepting and reserving all running springs and streams of water on the surface of the ground which may at any time hereafter be diverted by the said party of the first part, its tenants, lessees, successors and assigns if it should be deemed for its or their use; and also the right to divert such stream and to wholly use and use and exhaust the waters thereof and to discharge into such streams mine water and coal dirt or culm and any other matter; and also the right to construct and maintain water and gas pipes and electric light, telephone and telegraph wires under, over and upon such surface doing as little damage as practicable; and also the right to drive air holes or shafts through the surface hereby granted.
Also, excepting and reserving unto the said party of the first part, its successors and assigns, the right at all times, but not the obligation, to make, use and keep in repair forever any railroad or railroads through, along and across the said premises as well as any and all streets, roads, lanes and alleys now laid out or which may be hereafter laid out, over or adjoining the said surface, together with the right to use the roads, streets and alleys upon which said lot or piece of ground abuts, subject only to such use of the same by the party of the second part, its successors and assigns, as is compatible with their use by the party of the first part, its tenants, lessees, successors and assigns, for any purposes necessary or convenient in carrying on the removal of the reserved materials from property adjacent to, or in the vicinity of said roads, streets and alleys or for the purpose of supplying water, gas, electricity, telephone, telegraph or other commodity or service to its collieries, operations or to the community or for building sewers or other means of drainage for its land, its collieries, operations or for the use of the community.
The parties hereto mutually covenant and agree as follows: That in the excavating and using the land below the surface for all purposes necessary or convenient, in removing the reserved materials from said land and from any other land which will be done as fully and freely as if this grant had not been made and as if the said party of the first part, its successors or assigns, remained the owner of the said surface or right of soil, no compensation therefor shall be made by the party of the first part to the said party of the second part, its successors and assigns, either from the lessees under mining leases or from the party of the first part, its successors or assigns, for injuries to or destruction of the surface in its natural condition or to any improvement or to creatures, persons or property thereon, thereby occasioned, even though such mining and working should be negligently, unskillfully and improperly done and without provisions for the support of the surface, either vertical or lateral, and the said party of the second part hereby fully and unconditionally releases and discharges forever the party of the first part, its tenants, lessees, successors and assigns, from any liability for any injury that may result to the surface of the said premises in its natural condition or to any improvements, persons or property thereon from the mining and removal of the said reserved materials, whether said liability arises from the removal of either the subjacent or the lateral support of the surface hereby granted.
That this indenture is accepted by the said party of the second part for itself, its successors and assigns with a full understanding and agreement that the exceptions, reservations and conditions herein contained have materially reduced the amount of the consideration paid by the party of the second part and that any damages of any nature whatsoever that may occur by reason of the mining and removal of any or all of the said reserved materials underneath the said premises or from the mining and removal of reserved materials from other lands of the party of the first part have by such reduction been fully liquidated, released, paid and satisfied in full, and the said party of the second part for itself, its successors and assigns agrees by the acceptance of this indenture to take the said surface or right of soil with the full knowledge that the reserved materials thereunder have been or may be entirely mined out and reserved and that from such mining out and removal or from the mining out and removal of reserved materials from other lands of the party of the first part or from careless mining or from other cause the said surface and any improvements, creatures, property or persons thereon may be injured or entirely destroyed and that in this indenture there is no covenant or understanding, expressed or otherwise, that the said party of the first part, its tenants, lessees, successors or assigns, will sustain the said surface or any improvements thereon, either by vertical or lateral support, but, on the contrary, this indenture is accepted by the said party of the second part for itself, its successors and assigns with the full understanding and agreement that the said party of the first part, its successors and assigns, do not agree, undertake or in anywise covenant to support said surface, either vertically or laterally, and that the said party of the first part, its tenants, lessees, successors and assigns, shall not in any event incur any liability whatsoever to the said party of the second part, its successors and assigns, for any injury that may occur to the said surface in its natural state or to any buildings or improvements now or hereafter erected thereon or to any person or creatures or property that may be thereon by reason of mining and removal of any or all of the said reserved materials underneath the said lot or piece of ground or the mining and removal of reserved materials from any other lands or of anything that may occur in connection therewith or any consequence thereof and the said party of the first part, its tenants, lessees, successors and assigns, shall not incur any liability to the said party of the second part, its successors and assigns, for any injury or damage that may occur to the said surface or to any person, buildings or personal property upon or in said surface, buildings or improvements by reason of the gases from the mines or wells or dust, smoke or noise from the place where the reserved materials from said premises or from premises in the vicinity thereof are prepared for market or from any other operation connected with the mining and preparation of reserved materials by the party of the first part, its successors, tenants, lessees or assigns.
This document does not sell, convey, transfer, include or insure the title to the coal and right of support underneath the surface land described or referred to herein, and the owner or owners of such coal have the complete legal right to remove all of such coal and, in that connection, damage may result to the surface of the land and any house, building or other structure on or in such land.
This document does not sell, convey, transfer, include or insure the title to the oil, gas, fireclay, iron or other mineral and subsurface materials and right of support underneath the surface land described or referred to herein, and the owner or owners of such oil, gas, fireclay, iron or other mineral and subsurface materials have the complete legal right to remove all of such oil, gas, fireclay, iron or other mineral and subsurface materials and, in that connection, damage may result to the surface of the land and any house, building or other structure on or in such land.
Being the same premises which Greenwood Stripping Corporation by deed dated December 12, 1969, and recorded December 12, 1969, in Schuylkill County Deed Book No. 1118 at Page 797, granted and conveyed unto The General State Authority.
Tract No. 4
All that certain tract, piece or parcel of land situate in the Borough of Coaldale, County of Schuylkill and State of Pennsylvania, bounded and described as follows:
Beginning at a true point of beginning the location of which is ascertained as follows: beginning at the southeasterly corner of a tract of land which was conveyed by Greenwood Stripping Corporation to the Borough of Coaldale by deed dated May 31, 1973, and recorded in the Office for Recording of Deeds in and for said Schuylkill County in Deed Book 1174, Page 127; thence along the west right of way line of Seventh Street, south 17 degrees 02 minutes east 40.00 feet to said true point of beginning; thence along lines of the last mentioned tract of land, the following two courses and distances: (1) south 72 degrees 58 minutes west 260.00 feet and (2) north 17 degrees 02 minutes west 20.00 feet to the southerly line of land of the grantee; thence along the southerly line of said last mentioned tract of land, north 72 degrees 58 minutes east 260.00 feet to the west right of way line of Seventh Street; thence along said west right of way line, south 17 degrees 02 minutes east 20.00 feet to said true place of beginning.
Containing 0.119 of an acre, more or less.
Together with all and singular, the buildings, improvements, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the surface of said tract, piece or parcel of land, belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits of and from said surface of said tract, piece or parcel of land and all the estate, right, title, interest, property, claim and demand whatsoever of Greenwood, in law, equity or otherwise howsoever, of, in, to or out of said surface of said tract, piece or parcel of land; it being expressly understood by the grantee that the rest, residue and remainder of the fee in and to the said tract, piece or parcel of land is not hereby conveyed.
Excepting and reserving, however, to Greenwood, its tenants, lessees, successors and assigns, out of said tract, piece or parcel of land, all oil, gas, coal, fireclay, iron and all mineral and subsurface matter (hereinafter called "reserved materials") that may be found on or in said tract, piece or parcel of land with the entire and exclusive right undiminished by this conveyance to mine, drill or pump, dig and carry away the same and to pass into, over and through said surface of said tract, piece or parcel of land in all directions for that purpose.
Excepting and reserving, moreover, all running springs and streams of water on said surface of said tract, piece or parcel of which may at any time hereafter be diverted by Greenwood, its tenants, lessees, successors or assigns, if it should be deemed expedient for its or their use; and also the right to divert such streams and to wholly use and exhaust the waters thereof and to discharge into such streams mine water and coal dirt or culm and any other matter; and also the right to laying water and gas pipes and electric light, telephone and telegraph wires, under, over or upon such surface doing as little damage as practicable; and also the right to drive air holes or shafts through said surface of said tract, piece or parcel of land.
Excepting and reserving further unto Greenwood, its successors and assigns, the right at all times, but not the obligation, to make, use and keep in repair forever any railroad or railroads through, along and across said surface of said tract, piece or parcel of land as well as any and all streets, roads, lanes and alleys now laid out or which may be hereafter laid out, over or adjoining said surface of said tract, piece or parcel of land, together with the full right to use the roads, streets and alleys upon which said tract, piece or parcel of land abuts, subject only to such use of the same by the grantees, its successors and assigns, as is compatible for their use by Greenwood, its tenants, lessees, successors and assigns, for any purpose necessary or convenient in carrying on the removal of reserved materials from property adjacent to or in the vicinity of said roads, streets and alleys or for the purpose of supplying water, gas, electricity, telephone, telegraph or other commodity or service to its collieries, operations or to the community or for building sewers or other means of drainage for its lands, its collieries, operations or for the use of the community.
This deed is accepted by resolution of the Board of The General State Authority at a meeting duly held on October 5, 1983.
The conditions and limitations of this quitclaim deed are as follows:
That in excavating and using the land below said surface for all purposes necessary or convenient in removing reserved materials from said tract, piece or parcel of land and from any other land which will be done as fully and freely as if this conveyance had not been made and as if Greenwood, its successors or assigns, remained the owner of said surface of said tract, piece or parcel of land or right of soil, no compensation therefor shall be made by Greenwood to the grantee, its successors or assigns, either from the lessees under mining leases or from Greenwood, its successors or assigns, for injuries to or destruction of said surface of said tract, piece or parcel of land in its natural condition or to any improvement or to creatures, persons or property thereon, thereby occasioned, even though such mining and working should be negligently, unskillfully and improperly done and without provisions for the support of said surface of said tract, piece or parcel of land, either vertical or lateral, and the grantee hereby fully and unconditionally releases and discharges forever Greenwood, its tenants, lessees, successors and assigns, from any liability for any injury that may result to said surface of said tract, piece or parcel of land in its natural condition or to any improvements, persons or property thereon from the mining and removal of reserved materials, whether said liability arises from the removal of either the subjacent or the lateral support of said surface of said tract, piece or parcel of land.
That this quitclaim deed is accepted by the grantee for itself, its successors and assigns with a full understanding and agreement that the exceptions, reservations and conditions herein contained have materially reduced the value of said tract, piece or parcel of land and that any damage of any nature whatsoever that may occur by reason of the mining and removal of any or all of reserved materials underneath said tract, piece or parcel of land or from the mining and removal of reserved materials from other lands of Greenwood have by such reduction been fully liquidated, released, paid and satisfied in full and the grantee for itself, its successors and assigns agrees by the acceptance of this quitclaim deed to take such surface of said tract, piece or parcel of land or right of soil with the full knowledge that reserved materials thereunder have been or may be entirely mined out and removed and that from such mining out and removal or from the mining out and removal of reserved materials from other lands of Greenwood or from careless mining or from other cause, said surface of said tract, piece or parcel of land and any improvements, creatures, property or persons thereon may be injured or entirely destroyed, and that in this quitclaim deed there is no covenant or understanding, expressed or otherwise, that Greenwood, its tenants, lessees, successors or assigns, will sustain said surface of said tract, piece or parcel of land or any improvements thereon, either by vertical or lateral support, but, on the contrary, this quitclaim deed is accepted by the grantee, for itself, its successors and assigns, with the full understanding and agreement that Greenwood, its successors and assigns, do not agree, undertake or in anywise covenant to support said surface of said tract, piece or parcel of land, either vertically or laterally, and that Greenwood, its tenants, lessees, successors and assigns shall not in any event incur any liability whatsoever to the grantee, its successors and assigns for any injury that may occur to said surface of said tract, piece or parcel of land in its natural state or to any buildings or improvements now or hereafter erected thereon or to any persons or creatures or property that may be thereon, by reason of mining and removal of any or all of reserved materials underneath said surface of said tract, piece or parcel of land or the mining and removal of reserved materials from any other lands or of anything that may occur in connection therewith, or any consequence thereof, and Greenwood, its tenants, lessees, successors and assigns, shall not incur any liability to the grantee, its successors and assigns for any injury or damage that may occur to said surface of said tract, piece or parcel of land or to any person, buildings or personal property upon or in said surface of said tract, piece or parcel of land, buildings or improvements by reason of the gases from the mining or wells or dust, smoke or noise from the place where reserved materials from said tract, piece or parcel of land or from lands in the vicinity thereof are prepared for market or from any other operation connected with the mining and operation of reserved materials by Greenwood, its successors, tenants, lessees or assigns.
This document does not sell, convey, transfer, include or insure the title to the coal and right of support underneath the surface land described or referred to herein, and the owner or owners of such coal have the complete legal right to remove all of such coal and, in that connection, damage may result to the surface of the land and any house, building or other structure on or in such land.
This document does not sell, convey, transfer, include or insure the title to the oil, gas, fireclay, iron or other mineral and subsurface materials and right of support underneath the surface land described or referred to herein, and the owner or owners of such oil, gas, fireclay, iron or other mineral and subsurface materials have the complete legal right to remove all of such oil, gas, fireclay, iron or other mineral and subsurface materials and, in that connection, damage may result to the surface of the land and any house, building or other structure on or in such land.
And this quitclaim deed is made, delivered and accepted upon the express condition that Greenwood, its successors, lessees and assigns, shall be and continue to be wholly free and discharged from any and all liability, in any form whatsoever, for any damage of any nature whatsoever, which may happen or accrue to the grantee, its successors or assigns or to said surface of said tract, piece or parcel of land or any improvements on said surface of said tract, piece or parcel of land erected or to be erected by reason of the mining out and removal in whole or part of reserved materials from under said surface of said tract piece or parcel of land or from any lands mined by Greenwood, its successors, tenants, lessees or assigns, whether such removal be by deep mining or drilling, excavating or strip mining. And this condition and covenant, in addition to and not in qualification of all other legal effects and results, shall so operate and take effect as though an express release and discharge to Greenwood, its successors, lessees and assigns, from all and every liability for any such injury or damage had been specially in due form of law and upon sufficient consideration executed and delivered by the grantee, its successors and assigns, to Greenwood, its successors, lessees and assigns.
Being the same premises which Greenwood Mining Corporation and the Commonwealth of Pennsylvania, by deed dated November 30, 1983, and recorded February 10, 1984, in the Office of the Recorder of Deeds of Schuylkill County in Deed Book No. 1340 at Page 556, granted and conveyed unto The General State Authority.
Tract No. 5
The point of beginning is located 570 feet from the intersection of the hospital property line on the west side of Seventh Street and the hospital property on the north side of Phillips Street; thence south 25 degrees 31 minutes east, a distance of 28 feet to a point; thence south 64 degrees 29 minutes west, a distance of 140 feet to a point; thence north 25 degrees 31 minutes west, a distance of 28 feet to a point; thence north 64 degrees 29 minutes east, a distance of 140 feet to the point of beginning.
Containing 0.1 acres, more or less.
Being the same premises as described as Parcel No. 1 in deed dated June 18, 1969, and recorded June 20, 1969, in Schuylkill County Deed Book No. 1111 at Page 1002, between the Commonwealth of Pennsylvania and The General State Authority.
Tract No. 6
Right of Way
The point of beginning is located 550 feet from the intersection of the hospital property line on the west side of Seventh Street and the hospital north property line; thence south 64 degrees 29 minutes west, for a distance of 60 feet to a point; thence north 30 degrees 00 minutes west, a distance of 274 feet to a point on the south side of Panther Creek; thence along same and in an easterly direction for a distance of 62 feet, more or less, to a point; thence south 30 degrees 00 minutes east, a distance of 274 feet to the place of beginning.
Containing 0.4 acres.
Being the same premises as described as right of way in deed dated June 18, 1969, and recorded June 20, 1969, in Schuylkill County Deed Book No. 1111 at Page 1002, between the Commonwealth of Pennsylvania and The General State Authority.
Tracts 1 through 6 are being part of the same premises which The General State Authority, by deed dated November 13, 1986, and recorded December 29, 1986, in Schuylkill County Deed Book 1385, Page 657, granted and conveyed unto the Commonwealth of Pennsylvania, acting by and through the Department of General Services, and being 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 No. 1444 at Page 0116, granted and conveyed unto the Commonwealth of Pennsylvania, acting by and through the Department of General Services.
Easements
Together with all tenements, hereditaments and appurtenances belonging to the property, buildings and improvements described in this section 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 property described in this section and all rights to enforce the maintenance of such 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 property, buildings and improvements described in this section.
(b) Notwithstanding any discrepancies with the legal description of the real property contained in subsection (a), the intent of this section is to authorize the conveyance of the real property presently comprising the property of Coaldale 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 Carbon Schuylkill 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.