Section 2. Conveyances in Chester County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the East Vincent Municipal Authority, Chester County, for a consideration of $1 and other valuable consideration the following described tracts of land situate in East Vincent Township, Chester County, Pennsylvania, bounded and described as follows:
Tract No. 1
Commencing for reference at the point of beginning of that tract of land conveyed to John Frazier Hunt and Myrtrice Pennelope McCaskill, husband and wife, by deed recorded in Deed Book 969, Page 224, of the deed records of Chester County, Pennsylvania.
Thence along the lands of Hunt and McCaskill, the following three courses and distances:
(1) north 81 degrees 25 minutes 50 seconds east 16.30 feet;
(2) north 30 degrees 12 minutes 06 seconds west 850.90 feet;
(3) north 26 degrees 54 minutes 42 seconds west 843.34 feet to the true point of beginning of a tract herein described:
Thence south 63 degrees 05 minutes 18 seconds west 182.48 feet to the northerly right-of-way line of the Philadelphia Electric Company as shown on a plan entitled "Philadelphia Electric Company property, Formerly Schuylkill Secondary branch of Conrail, Parcel 4, Sheet 8 of 14, File No. C-28-7442";
Thence along the same, the following courses and distances:
(1) along the arc of a 227.18-foot long curve to the left having a central angle of 04 degrees 26 minutes 38 seconds, a radius of 2,929.00 feet and whose chord bears north 49 degrees 09 minutes west 227.12 feet to a point of compound curvature;
(2) along the arc of a 40.03-foot long curve to the left having a central angle of 01 degree 40 minutes and 58 seconds, a radius of 1,363.00 feet and whose chord bears north 52 degrees 12 minutes 48 seconds west 40.03 feet to a point of tangency;
(3) north 56 degrees 55 minutes 44 seconds west 183.15 feet;
(4) north 62 degrees 12 minutes 40 seconds west 138.71 feet;
Thence north 09 degrees 14 minutes 08 seconds east 220.88 feet;
Thence north 54 degrees 27 minutes 03 seconds east 330.79 feet to an angle point in the lands of Hunt and McCaskill;
Thence along the same, south 26 degrees 54 minutes 42 seconds east 746.25 feet to the point of beginning.
Containing 5.394 acres of land, more or less.
Tract No. 2
Commencing for reference at the point of beginning of that tract of land conveyed to John Frazier Hunt and Myrtrice Pennelope McCaskill, husband and wife, by deed recorded in Deed Book 969, Page 224, of the deed records of Chester County, Pennsylvania.
Thence along the lands of Hunt and McCaskill, the following three courses and distances:
(1) north 81 degrees 25 minutes 50 seconds east 16.30 feet;
(2) north 30 degrees 12 minutes 06 seconds west 850.90 feet;
(3) north 26 degrees 54 minutes 42 seconds west 843.34 feet to the most easterly corner of Tract No. 1, heretofore described;
Thence along the northerly line of Tract No. 1, south 63 degrees 05 minutes 18 seconds west 182.48 feet to a point on the northerly right-of-way of the Philadelphia Electric Company;
Thence south 10 degrees 46 minutes 13 seconds west 95.18 feet to a point on the southerly right-of-way line thereof and the true point of beginning of the tract herein described:
Thence along the arc of a 271.84-foot long curve to the left having a radius of 2849.00 feet and whose chord bears north 48 degrees 38 minutes 19 seconds west 271.74 feet to a point of compound curvature; thence along the arc of an 88.43-foot long curve to the left having a radius of 1283.00 feet and whose chord bears north 53 degrees 20 minutes 47 seconds west 88.41 feet to a point; thence south 69 degrees 08 seconds west 73.50 feet to a point; thence along the arc of a 365.65-foot long curve to the left having a radius of 1223.00 feet and whose chord bears north 65 degrees 49 minutes 41 seconds west 364.29 feet to a point and corner of remaining lands now or late of Commonwealth of Pennsylvania which this tract is a part of; thence by said lands south 01 degree 43 minutes 08 seconds west 697.71 feet to a point on the northern side of Commonwealth Drive; thence along the northern side of Commonwealth Drive and about five feet north of the edge of paving the following 12 courses and distances:
(1) south 71 degrees 13 minutes 04 seconds east 68.50 feet;
(2) south 54 degrees 27 minutes 22 seconds east 52.83 feet;
(3) south 46 degrees 59 minutes 27 seconds east 102.59 feet;
(4) south 66 degrees 37 minutes 46 seconds east 45.56 feet;
(5) south 56 degrees 48 minutes 48 seconds east 57.48 feet;
(6) north 80 degrees 55 minutes 01 seconds east 55.23 feet;
(7) north 78 degrees 44 minutes 46 seconds east 242.24 feet;
(8) south 71 degrees 30 minutes 51 seconds east 344.55 feet;
(9) south 65 degrees 38 minutes 53 seconds east 137.23 feet;
(10) south 61 degrees 28 minutes 19 seconds east 137.23 feet;
(11) south 52 degrees 31 minutes 14 seconds east 80.97 feet to a point;
(12) hence south 35 degrees 43 minutes 38 seconds east 33.67 feet;
Thence north 59 degrees 47 minutes 55 seconds east 37.46 feet to a point on the aforementioned southerly Philadelphia Electric Company right-of-way; thence by same north 30 degrees 12 minutes 05 seconds west 170.20 feet to a point of curvature; thence along the arc of a 423.89-foot long curve to the left having a radius of 2839.00 feet and whose chord bears north 34 degrees 28 minutes 43 seconds west 423.49 feet to a point; thence north 51 degrees 14 minutes 38 seconds east 10.00 feet to a point of curvature; thence along the arc of a 355.46-foot long curve to the left having a radius of 2849.00 feet and whose chord bears north 42 degrees 19 minutes 53 seconds west 355.24 feet to the point and place of beginning.
Containing 15.576 acres.
(b) Specific easements.--Also being conveyed with the tracts of land described in section 1 are the following perpetual easements or rights-of-way:
(1) A 40-foot right-of-way to the banks of the Schuylkill River, which right-of-way is one of two rights-of-way identified on the plan of Pennhurst Center Parcel No. 1, dated September 25, 1982, as "Water R/W" to be provided to the Commonwealth of Pennsylvania; said 40-foot right-of-way being granted and conveyed is the more northerly of the two rights-of-way on said plan. Reference, Indenture 26th Day of August, 1990, between the Commonwealth of Pennsylvania and Eden Valley Farm Partners, Page 5. The Commonwealth of Pennsylvania retains ownership of the other 40-foot right-of-way. Together with all of the Commonwealth's rights in and to that certain easement-in-common for access on the cinder road parallel to the Schuylkill River and the Commonwealth's right of entry to maintain and repair any pipeline which services the complex at Pennhurst Center, as such easement and right of entry are set forth in the first two paragraphs on Page 6 of said Indenture to Eden Valley Partners.
(2) The free and uninterrupted use, liberty and privilege of and passage in and along certain streets or driveways known as Commonwealth Drive, Pennhurst Road, Brown Drive, Dunlap Road and Church Street. Grantor hereby reserves an easement-in-common for access on Commonwealth Drive.
(3) An easement across the lands of grantor known as the Southeastern Pennsylvania Veterans Center for the purpose of constructing, installing, maintaining, repairing and replacing sewer lines, subject to the following limitations:
(i) The sewer lines to be installed shall not interfere in any way with grantor's use and operation of the Southeastern Pennsylvania Veterans Center property.
(ii) The actual location of the sewer lines shall be subject to the written approval of grantor, which approval shall not be unreasonably withheld.
(iii) Grantee shall be responsible for restoration and repair of the surface after installation of any sewer lines and shall indemnify, defend and hold grantor harmless from any loss or liability resulting from such installation work.
(iv) After five years from the date of conveyance of the transfer of the sewage treatment plant to grantee, grantor shall have the right to limit this easement to sewer lines that have been installed during the five-year period and to require grantee to record an appropriate instrument so limiting the easement.
(4) To the extent assignable, all of grantor's rights under that certain license of easement agreement or agreements between grantor and the Philadelphia Electric Company or its predecessor in title across that parcel of ground owned by the Philadelphia Electric Company which bisects the lands of grantor known as the Southeastern Pennsylvania Veterans Center.
(c) Easements generally.--These conveyances 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 the land or improvements erected thereon.
(d) Approval and execution of deed.--Deeds 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.
(e) Costs and fees.--Costs and fees incidental to these conveyances which are customarily paid by grantees, such as recording fees, shall be borne by the grantee.