Conveyance in East Norriton Township, Montgomery County

Act 43 of 2011, § 2, under PROJECT 70 LAND ACQUISTION AND BORROWING ACT - MULTIPLE CONVEYANCES.

Act 43 of 2011, § 2

Section 2. Conveyance in East Norriton Township, Montgomery County.

(a) Authorization.--The Department of General Services, with the approval of the Department of Conservation and Natural Resources and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to East Norriton Township, certain lands situate in East Norriton Township, Montgomery County, in exchange for the conveyance of a certain parcel of property from East Norriton Township in accordance with subsection (c).

(b) Property description.--The property to be conveyed in accordance with subsection (a) consists of three tracts of land totaling approximately 1.907 acres and improvements thereon bounded and more particularly described as follows:

Tract 1

BEGINNING at a point on the southwesterly legal right-of-way line of Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal right-of-way, variable width required right-of-way, county roadway) at the intersection of the dividing line between unit 6, block 5, APN #33-00-08140-008, lands now or formerly the Commonwealth of Pennsylvania and unit 58, block 5f, APN #33-00-02897-004, lands now or formerly Barleyvale Associates, LLC and from said point of beginning running, THENCE;

1. Along the dividing line between unit 6, block 5 and unit 58, block 5f, passing over a concrete monument at 16.69 feet, south 11 degrees 55 minutes 47 seconds west, a distance of 20.82 feet to a point on the southwesterly required right-of-way line of Germantown Pike, THENCE;

The following fifteen (15) courses and distances along the southwesterly required right-of-way line of Germantown Pike:

2. Along the arc of a circle curving to the right, having a radius of 24,949.05 feet, a central angle of 00 degrees 30 minutes 08 seconds, an arc length of 218.63 feet, a chord bearing north 78 degrees 35 minutes 14 seconds west and a chord distance of 218.63 feet to a non-tangent point, THENCE;

3. North 79 degrees 00 minutes 27 seconds west, a distance of 380.41 feet to a point of curvature, THENCE;

4. Along the arc of a circle curving to the right, having a radius of 7,050.71 feet, a central angle of 05 degrees 54 minutes 38 seconds, an arc length of 727.33 feet, a chord bearing north 76 degrees 03 minutes 08 seconds west and a chord distance of 727.01 feet to a point of tangency, THENCE;

5. North 73 degrees 05 minutes 50 seconds west, a distance of 16.45 feet to a point, THENCE;

6. Along the arc of a circle curving to the right, having a radius of 11,415.21 feet, a central angle of 00 degrees 22 minutes 04 seconds, an arc length of 73.25 feet, a chord bearing north 72 degrees 54 minutes 48 seconds west and a chord bearing 73.25 feet to a point of compound curvature, THENCE;

7. Along the arc of a circle curving to the right, having a radius of 7,040.67 feet, a central angle of 02 degrees 57 minutes 42 seconds, an arc length of 363.95 feet, a chord bearing north 71 degrees 14 minutes 55 seconds west and a chord distance of 363.91 feet to a point, THENCE;

8. North 69 degrees 46 minutes 04 seconds west, a distance of 13.67 feet to a point of curvature, THENCE;

9. Along the arc of a circle curving to the left, having a radius of 6,959.33 feet, a central angle of 01 degrees 31 minutes 10 seconds, an arc length of 184.57 feet, a chord bearing north 70 degrees 31 minutes 39 seconds west and a chord distance of 184.56 feet to a point, THENCE;

10. South 18 degrees 42 minutes 46 seconds west, a distance of 25.00 feet to a point of curvature, THENCE;

11. Along the arc of a circle curving to the left, having a radius of 6,934.33 feet, a central angle of 00 degrees 16 minutes 39 seconds, an arc length of 33.59 feet, a chord bearing north 71 degrees 25 minutes 34 seconds west and a chord distance of 33.59 feet to a point, THENCE;

12. North 18 degrees 26 minutes 07 seconds east, a distance of 25.00 feet to a point of curvature, THENCE;

13. Along the arc of a circle curving to the left, having a radius of 6,959.33 feet, a central angle of 01 degrees 07 minutes 18 seconds, an arc length of 136.23 feet, a chord bearing north 72 degrees 07 minutes 32 seconds west and a chord distance of 136.22 feet to a point, THENCE;

14. South 16 degrees 59 minutes 10 seconds west, a distance of 14.89 feet to a point, THENCE;

15. North 73 degrees 00 minutes 50 seconds west, a distance of 120.00 feet to a point, THENCE;

16. North 16 degrees 59 minutes 10 seconds east, a distance of 15.94 feet to a point on the southwesterly legal right-of-way line of Germantown Pike, THENCE;

the following two (2) courses and distances along the southwesterly legal right-of-way line of Germantown Pike:

17. South 73 degrees 11 minutes 04 seconds east, a distance of 1,295.64 feet to a point, THENCE;

18. South 78 degrees 27 minutes 56 seconds east, a distance of 970.22 feet to the point and place of beginning.

Containing 46,224 square feet or 1.061 acres.

Tract 2

BEGINNING at a drill hole on the southwesterly legal right-of-way line of Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal right-of-way, variable width required right-of-way, county roadway) at the intersection of the dividing line between unit 6, block 5, APN #33-00-08140-008 lands now or formerly the Commonwealth of Pennsylvania and unit 35, block 5, APN #33-00-10679-007, lands now or formerly East Norriton Fire Co. and from said point of beginning running, THENCE;

1. Along the southwesterly legal right-of-way line of Germantown Pike, south 73 degrees 11 minutes 04 seconds east, a distance of 504.09 feet to a point on the southwesterly required right-of-way line of Germantown Pike, THENCE;

the following twelve (12) courses and distances along the southwesterly required right-of-way line of Germantown Pike:

2. South 15 degrees 41 minutes 38 seconds west, a distance of

15.30 feet to a point of curvature, THENCE;

3. Along the arc of a circle curving to the left, having a radius of 5,946.83 feet, a central angle of 00 degrees 43 minutes 21 seconds, an arc length of 75.00 feet, a chord bearing north 74 degrees 40 minutes 03 seconds west and a chord distance of 75.00 feet to a point, THENCE;

4. South 15 degrees 01 minutes 10 seconds west, a distance of 9.99 feet to a point, THENCE;

5. North 74 degrees 58 minutes 50 seconds west, a distance of 30.00 feet to a point, THENCE;

6. North 15 degrees 01 minutes 10 seconds east, a distance of 24.89 feet to a point of curvature, THENCE;

7. Along the arc of a circle curving to the left, having a radius of 5,961.83 feet, a central angle of 00 degrees 52 minutes 40 seconds, an arc length of 91.34 feet, a chord bearing north 75 degrees 45 minutes 21 seconds west and a chord distance of 91.34 feet to a point of reverse curvature, THENCE;

8. Along the arc of a circle curving to the right, having a radius of 4,264.84 feet, a central angle of 00 degrees 50 minutes 28 seconds, an arc length of 62.60 feet, a chord bearing north 75 degrees 46 minutes 28 seconds west and a chord distance of 62.60 feet to a point, THENCE;

9. South 14 degrees 39 minutes 35 seconds west, a distance of 5.00 feet to a point of curvature, THENCE;

10. Along the arc of a circle curving to the right, having a radius of 4,269.84 feet, a central angle of 00 degrees 40 minutes 18 seconds, an arc length of 50.06 feet, a chord bearing north 75 degrees 01 minutes 04 seconds west and a chord distance of 50.06 feet to a point, THENCE;

11. North 15 degrees 19 minutes 05 seconds east, a distance of 5.00 feet to a point of curvature, THENCE;

12. Along the arc of a circle curving to the right, having a radius of 4,264.84 feet, a central angle of 01 degrees 43 minutes 06 seconds, an arc length of 127.90 feet, a chord bearing north 73 degrees 49 minutes 22 seconds west and a chord distance of 127.89 feet to a point of tangency, THENCE;

13. North 72 degrees 57 minutes 50 seconds west, a distance of 69.07 feet to a point, THENCE;

14. Along the dividing line between unit 6, block 5 and unit 35, block 5, north 24 degrees 31 minutes 09 seconds east, a distance of 13.10 feet to the point and place of beginning.

Containing 6,421 square feet or 0.147 acre.

Tract 3

Corner of Whitehall and Germantown Pike

Parcel #33-00-02978-004

(one parcel to be transferred in 3 pieces)

Tract 3(a)

BEGINNING at a point on the southwesterly legal right-of-way of Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal right-of-way, variable width required right-of-way, county roadway), at the intersection of the dividing line between APN #33-00-02978-004, unit 36, block 5, lands now or formerly the Commonwealth of Pennsylvania and APN #33-00-10679-007, unit 35, block 5, lands now or formerly Norriton Fire Engine Company and from said point of beginning running, THENCE;

1. Along the dividing line between unit 36, block 5 and unit 35, block 5, south 24 degrees 31 minutes 09 seconds west, a distance of 11.54 feet to a point on the southwesterly required right-of-way line of Germantown Pike, THENCE;

2. Along the southwesterly required right-of-way line of Germantown Pike, north 72 degrees 23 minutes 13 seconds west, a distance of 104.71 feet to a point on the southeasterly legal right-of-way line of Whitehall Road (variable width legal and required right-of-way), THENCE;

3. Along the southeasterly legal right-of-way line of Whitehall Road, north 41 degrees 00 minutes 49 seconds east, a distance of 3.59 feet to a point of curvature, THENCE;

4. Along the arc of a circle curving to the right, connecting the southeasterly legal right-of-way line of Whitehall Road with the southwesterly legal right-of-way line of Germantown Pike, having a radius of 50.00 feet, a central angle of 29 degrees 59 minutes 56 seconds, an arc length of 26.18 feet, a chord bearing south 88 degrees 11 minutes 26 seconds east and a chord distance of 25.88 feet to a point of tangency, THENCE;

5. Along the southwesterly legal right-of-way line of Germantown Pike, south 73 degrees 11 minutes 04 seconds east, a distance of 79.78 feet to the point and place of beginning.

Containing 1,063 square feet or 0.027 acre.

Tract 3(b)

BEGINNING at an iron pin on the southeasterly legal right-of-way line of Whitehall Road (variable width legal and required right-of-way) at the intersection of the dividing line between unit 36, block 5, lands now or formerly Commonwealth of Pennsylvania and APN #33-00-10679-007, unit 35, block 5, lands now or formerly Norriton Fire Engine Company, and from said point of beginning running, THENCE;

1. Along the southeasterly legal right-of-way line of Whitehall Road, north 41 degrees 00 minutes 49 seconds east, a distance of 196.39 feet to a point on the southwesterly required right-of-way line of Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal right-of-way, variable width required right-of-way, county roadway), THENCE;

2. Along the southwesterly required right-of-way line of Germantown Pike, south 72 degrees 23 minutes 13 seconds east, a distance of 104.71 feet to a point on the southeasterly required right-of-way line of Whitehall Road, THENCE;

The following three (3) courses and distances along the southeasterly required right-of-way line of Whitehall Road:

3. Along the arc of circle curving to the left, having a radius of 139.33 feet, a central angle of 66 degrees 15 minutes 04 seconds, an arc length of 161.11 feet, a chord bearing south 72 degrees 37 minutes 01 seconds west, and a chord distance of 152.28 feet to a point of reverse curvature, THENCE;

4. Along the arc of circle curving to the right, having a radius of 1,041.67 feet, a central angle of 01 degrees 48 minutes 35 seconds, an arc length of 32.90 feet, a chord bearing south 40 degrees 23 minutes 47 seconds west, and a chord distance of 32.90 feet to a point of tangency, THENCE;

5. South 41 degrees 18 minutes 05 seconds west, a distance of 75.38 feet to a point, THENCE;

6. Along the dividing line between unit 36, block 5 and unit 35, block 5, north 49 degrees 00 minutes 11 seconds west, a distance of 16.27 feet to the point and place of beginning.

Containing 4,737 square feet or 0.109 acre.

Tract 3(c)

BEGINNING at a point on the southeasterly required right-of-way line of Whitehall Road (variable width legal and required right-of-way), said point being distant north 49 degrees 00 minutes 11 seconds west, a distance of 16.27 feet from an iron pipe at the intersection of the dividing line between APN #33-00-02978-004, unit 36, block 5, lands now or formerly Commonwealth of Pennsylvania and APN #33-00-10679-007, unit 35, block 5, lands now or formerly Norriton Fire Engine Company and from said point of beginning running, THENCE;

The following three (3) courses and distances along the southeasterly required right-of-way line of Whitehall Road:

1. North 41 degrees 18 minutes 05 seconds east, a distance of 75.38 feet to a point of curvature, THENCE;

2. Along the arc of a circle curving to the left, having a radius of 1,041.67 feet, a central angle of 01 degrees 48 minutes 35 seconds, an arc length of 32.90 feet, a chord bearing north 40 degrees 23 minutes 47 seconds east, and a chord distance of 32.90 feet to a point of reverse curvature, THENCE;

3. Along the arc of a circle curving to the right, having a radius of 139.33 feet, a central angle of 66 degrees 15 minutes 04 seconds, an arc length of 161.11 feet, a chord bearing north 72 degrees 37 minutes 01 seconds east, and a chord distance of 152.28 feet to a point on the southwesterly required right-of-way line of Germantown Pike (a.k.a. West Germantown Pike, 50 foot wide legal right-of-way, variable width required right-of-way, county roadway), THENCE;

The following two (2) courses and distances along the dividing line between unit 36, block 5 and unit 35, block 5:

4. South 24 degrees 31 minutes 09 seconds west, a distance of 248.14 feet to a concrete monument, THENCE;

5. North 49 degrees 00 minutes 11 seconds west, a distance of 150.28 feet to the point and place of beginning.

Containing 24,515 square feet or 0.563 acre.

(c) Property to be conveyed to the Commonwealth of Pennsylvania.--The Department of General Services, with the approval of the Department of Conservation and Natural Resources and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to receive from East Norriton Township certain lands situate in East Norriton Township, Montgomery County, in exchange for that property to be conveyed to East Norriton Township in accordance with subsection (a).

(d) Property description.--The property to be conveyed in accordance with subsection (c) consists of approximately 5.467 acres and improvements thereon bounded and more particularly described as follows:

BEGINNING at a point in the northwesterly sideline of the Reading Company Railroad, Stony Creek Branch, said point also being in the line dividing lands of the Commonwealth of Pennsylvania to the southwest from lands of Plymouth Investment Corporation to the northeast, said point of beginning being at the distance of 1042.26º, crossing the said railroad company railroad, measured N 45º 16' W along the said dividing line from a point in the centerline of Stanbridge Street, said last mentioned point being at the distance of 176.32' measured S 52º 10' W along the centerline of Stanbridge Street from its intersection with the centerline of Dogwood Lane; thence from said beginning point along lands of the Commonwealth of Pennsylvania N 45º 16' W 318.01' to a point a corner; thence still along the same N 45º 09' 40" E 648.60' to a point a corner; thence along lands now or late of Samuel Shakespeare, S 58º 22' 30" E 331.09' to a point a corner in the northwesterly line of the Reading Company Railroad aforementioned; thence along the same S 39º 16' 30" W 351.74' to a point of curvature; thence along the arc of a circle curving to the right having a radius of 905.0' the arc distance of 378.69' to the point of beginning.

Containing 5.467 acres of land.

Being part of the same premises which Plymouth Investment Company by deed dated the 6th day of November, 1970, and recorded in the Recorder of Deeds Office in D.B. 3691 page 16, granted and conveyed unto East Norriton Township.

(e) Conditions.--The conveyances shall be made concurrently and 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.

(f) Deed restrictions.--Any conveyance authorized under subsections (a) and (c) shall be made under and subject to the condition, which shall be contained in the deed of conveyance, that no portion of the property conveyed shall be used as a licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to definitions), or any other similar type of facility authorized under State law. The condition shall be a covenant running with the land and shall be binding upon the grantee, its successors and assigns. Should the grantee, its successors or assigns, permit any portion of the property authorized to be conveyed in this act to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.

(g) Removal of deed restrictions.--The Department of General Services, with the approval of the Department of Conservation and Natural Resources and the Governor, is authorized to remove the deed restrictions on a portion of the lands conveyed to the East Norriton Fire Company, now known as Norriton Fire Engine Company, by the Department of General Services under the authority contained in section (1)(c) of the act of July 10, 1985 (P.L.201, No.51), entitled "An act authorizing the conveyance of certain State land to the East Norriton Fire Company in Montgomery County; and making a repeal." The Department of General Services, on behalf of the Commonwealth of Pennsylvania, is hereby authorized to execute any legal instruments necessary to remove the aforementioned deed restrictions on the following portion of land located in East Norriton Township, Montgomery County, for the sole purpose of making the land available to East Norriton Township and/or Montgomery County for widening those respective township and county roads described as:

Germantown Pike (County Road).

ALL THAT CERTAIN tract or piece of land, situate in the Township of East Norriton, County of Montgomery, Commonwealth of Pennsylvania, being a Road Right-of-way Offered for Dedication as shown on a "Road Right-Of-Way at Norriton Fire Engine Company Exhibit Plan", prepared for the Montgomery County Roads & Bridges Department, Norristown PA, by Robert E. Blue, Consulting Engineers, P.C., Blue Bell, Pennsylvania, dated September 29, 2010.

BEGINNING at a point along the southwesterly legal right-of-way of Germantown Pike, a county road with a legal right-of-way of 50 feet wide, ultimate right-of-way of 100 feet wide, said point is located south 63 degrees, 16 minutes, 51 seconds east, a distance of 79.76 feet from the terminus of a 50 feet radius for the southeasterly side of Whitehall Road (width varies); said point is also located south 34 degrees, 25 minutes, 22 seconds east, a distance of 0.3 feet from a drill hole marked on the curb;

THENCE, from said point of beginning, along the southwesterly legal right-of-way line of said Germantown Pike, south 63 degrees, 16 minutes, 51 seconds east, a distance of 201.83 feet to a drill hole marked on the curb;

THENCE, along lands now or formerly of the Commonwealth of Pennsylvania - Norristown Farm Park (block 4, unit 1), south 34 degrees, 25 minutes, 22 seconds west, a distance of 25.23 feet to a concrete monument;

THENCE, along the southwesterly ultimate right-of-way of said Germantown Pike, north 63 degrees, 16 minutes, 51 seconds west, a distance of 201.83 feet to a concrete monument;

THENCE, along other lands now or formerly on the Commonwealth of Pennsylvania (block 5, unit 36), north 34 degrees, 25 minutes,

22 seconds east, crossing a drill hole marked in the curb at 24.93 feet, a total distance of 25.23 feet to a point, said point being the first mentioned point and place of beginning;

Containing 5,046 square feet or 0.1158 acres of land, more or less.

Being part of Tax Parcel Number 33-00-10679-00-7.

BEING part of an overall tract shown on a Land Subdivision Plan recorded in Plan Book A-50 Page 149 on September 29, 1988.

SUBJECT TO a corrective deed dated February 4, 2004, and recorded in Deed Book 5506, Page 376 to vest property in the correct name of the Norriton Fire Engine Company.

Whitehall Road (Township Road).

BEGINNING at a point along the southeasterly legal right-of-way line of Whitehall Road (variable width legal right-of-way, variable width required right-of-way) at the intersection of the dividing line between APN #33-00-10679-007, unit 35, block 5, lands now or formerly Norriton Fire Engine Company and APN #33-00-02978-004, unit 36, block 5, lands now or formerly Commonwealth of Pennsylvania and from said point of beginning running, THENCE;

1. Along the dividing line between unit 35, block 5 and unit 36, block 5, south 49 degrees 00 minutes 11 seconds east, a distance of 16.27 feet to a point on the southeasterly required right-of-way line of Whitehall Road, THENCE;

2. Along the southeasterly required right-of-way line of Whitehall Road, south 41 degrees 18 minutes 05 seconds west, a distance of 100.00 feet to a point, THENCE;

3. Along the dividing line between unit 35, block 5 and unit 6, block 5, north 49 degrees 00 minutes 11 seconds west, a distance of 15.77 feet to a point on the southeasterly legal right-of-way

line of Whitehall Road, THENCE;

4. Along the southeasterly legal right-of-way line of Whitehall Road, north 41 degrees 00 minutes 49 seconds east, a distance of 100.00 feet to the point and place of beginning.

Containing 1,602 square feet or 0.037 acre.

This description is written based upon an exhibit entitled "Required Right-of-Way deeded to East Norriton Township, Required Right-of-Way Exhibit Norriton Fire Engine Company", prepared by Traffic Planning and Design, Inc., Job Number AEHN.B1.00002, dated 2/28/2011.

(h) Widening of County Road.--East Norriton Township is authorized to grant and convey to the County of Montgomery for nominal consideration those lands conveyed to it under this act for the purpose of widening that County Road known as Germantown Pike. That land shall include those Parcels listed in subsection (b) as Tract 1, Tract 2 and Tract 3(a).

(i) Deeds.--The deed for the conveyance of the property in accordance with subsections (a) and (c) shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(j) Costs and fees.--All costs and fees incidental to the conveyances contained in this section shall be borne by East Norriton Township.

(k) Expiration of authority.--In the event that the conveyances in this section are not executed within 12 months of the effective date of this section, the authorization contained in this section shall expire.