Exhibit D RESOLUTION TO ACCEPT DEED OF DEDICATION FOR A RELOCATED UTILITY EASEMENT AS SHOWN ON APPROVED SUBDIVISION PLAN FOR THE LOWER MERION HIGH SCHOOL WHEREAS, the Board of Commissioners of the Township of Lower Merion has received from the LOWER MERION SCHOOL DISTRICT (hereinafter "Grantor") a Deed of Dedication for a relocated utility easement more fully described in Exhibit "A" attached hereto; and WHEREAS, the Board of Commissioners has heretofore approved a Land Development Plan filed by or on behalf of Grantor showing the development of a new Lower Merion High School, and other improvements, which Land Development Plan was prepared by KCBA Architects, Hatfield, PA., dated October 12, 2007, as last revised January 7, 2008 bearing Job No. 2129.03, consisting of sheets numbered one through one hundred; and WHEREAS, said plans were approved by the Board of Commissioners of the Township of Lower Merion and recorded on January 28, 2008 in the Office for Recording of Deeds, Norristown, Pennsylvania at Plan Book 31, page 62 (hereinafter the "Recorded Plans"); and WHEREAS, the Board of Commissioners deems it to be in the public interest to accept the Deed of Dedication so that the easement and the utilities contained within it will be opened and dedicated for public use. NOW, THEREFORE, in consideration of the above, the Board of Commissioners of Upper Dublin Township does hereby resolve as follows: 1
Exhibit D 1. The Deed of Dedication offered to the Township by the Lower Merion School District for the relocated utility easement more fully described in Exhibit A attached hereto, is accepted. 2. The proper officers of the Township are authorized to reference this Resolution in the Deed of Dedication and to record same in the Office of Recording of Deeds, Norristown, Montgomery County, Pennsylvania. RESOLVED, this day of, 2009. BOARD OF COMMISSIONERS TOWNSHIP OF LOWER MERION ATTEST: By: Bruce D. Reed, President Eileen R. Trainer, Secretary 2
Prepared By and Return To: Gilbert P. High, Jr., Esquire High Swartz LP 40 Eàst Airy Street Norristown, P A 19404 Parcel Nos.: 40-00-33352-00-7 40-00-39832-00-7 40-00-38352-00-2 40-00-66668-00-9 40-00-39828-00-2 40-00-39836-00-3 DEED OF DEDIC A TION FOR A RELOCATED UTILITY EASKMENT OFFERED BY THE LOWER MERION SCHOOL DISTRICT ACCORDING TO SUBDIVISIONILAND DEVELOPMENT PLAN FOR THE LOWER MERION IDGH SCHOOL THIS DEED OF DEDICATION made this day of, A.D., 200_, between, the LOWER MERION SCHOOL DISTRICT, a municipal corporation organized pursuant to the laws of the Commonwealth of Pennsylvania with administrative offices located at 301 East Montgomery Avenue, Ardmore, Pennsylvania (hereinafter "Grantor"), and TOWNSHIP OF LOWER MERION, a Township of the first Class situate at 75 East Lancaster Avenue, Ardmore, in the County of Montgomery and Commonwealth of Pennsylvania, (hereinafter "Grantee"). WHREAS, Grantor is the owner of those certain parcels or tracts of real property situate in Lower Merion Township, Montgomery County, Pennsylvania, identified as tax parcel Nos.: 40-00-33352-00-7, 40-00-39832-00-7, 40-00-38352-00-2, 40-00-66668-00-9, 40-00-39828-00-2, 40-00-39836-00-3; and
WHEREAS, Grantor has heretofore filed a subdivision and development plan prepared by KCBA Architects, Hatfield, PA., dated October 12,2007, as last revised January 7,2008 bearing Job No. 2129.03, consisting of sheets numbered one through one hundred twenty; and WHEREAS, said plans were approved as subdivisionland development number 3547 by the Board of Commissioners of the Township of Lower Merion on June 13, 2007; and WHREAS, thee sheets of the said approved plans were recorded on January 28,2008, in the Office for Recording of Deeds, Norristown, Pennsylvania at Plan Book 31, page 62 (hereinafter referred to as the "Recorded Plan"); and WHREAS, the project entails the construction and development of a new high school; and WHREAS, Grantor now wishes to dedicate a relocated utility easement as shown on the Plans to the public. WIT N E SSE T H: The Grantor, for and in consideration of and for the sum of One Dollar ($1.00) the advantages to it accruing, as well as for diverse considerations affecting the public welfare, which it seeks to advance, has granted, bargained, sold and confirmed, and by these presents does grant, bargain sell and confirm unto the Grantee, its successors and assigns, a permanent easement over a portion of THAT CERTAIN property situate in the TOWNSHIP OF LOWER MERION, County of Montgomery and Commonwealth of Pennsylvania being shown on the Recorded Plans, and being more fully described in Exhibit "A" attached hereto (the "Easement Area"). 2
TO HAVE AND TO HOLD the aforesaid easement over all that certain property above described unto the TOWNSHIP OF LOWER MERION, its successors and assigns, to and for the only proper use and behoof of the TOWNSHIP OF LOWER MERION, its successors and assigns, for a utility easement, including the right to install, operate and maintain utilities such as a sanitary sewer system and piping therein and including the right to construct, maintain and repair the said utilities over, under and across Easement Area and to cause others on Grantee's behalf to construct, maintain and repair such utilities together with the right of the Grantee and others on Grantee's behalf to construct, maintain and repair utilties over, under and across the Easement Area, and the further right to remove trees, bushes, undergrowth, soil, and other obstructions interfering with the location, construction and maintenance of all of the aforesaid. AND the said Grantor, for itself and its successors and assigns by these presents does covenant, promise and agree to and with the said Grantee, its successors and assigns, that neither the Grantor nor its successors and assigns shall nor wil at any time hereafter ask, demand or recover or receive of or from the said Grantee, its successors and assigns any sum of money as and for damages for or by reason of the physical construction, maintenance or repair of said sanitary sewer system and piping as now established by the TOWNSHIP OFLOWER MERION, Grantee, and if such sanitary sewer system shall not be established at the date of these presents that neither the said Grantor, nor its successors or assigns, shall nor wil at any time hereafter ask, demand, recover or receive any such damage by reason of the physical construction, maintenance or repair of said sanitary sewer system as first thereafter established or confirmed by the said TOWNSHIP OF LOWER MERION. Notwithstanding anything contained herein to contrary, Grantor reserves the right to construct, install, operate, maintain, repair and replace, sidewalks, curbs, walkways, driving 3
areas, parking areas, stormwater management facilities, utilities, services and such other improvements as Grantor may determine, on, in, over, across and through the Easement Area, provided, however, that such improvements may not unreasonably interfere with Grantee's exercise of its rights hereunder. Except in the event of an emergency for which no advance notice can be provided, Grantee agrees to provide at least 30 days' written notice to Grantor prior to Grantee's commencement of any work in the Easement Area and to provide a reasonably detailed description of the work to be performed, the persons or entities performing such work and a schedule for the work. Once any work is commenced, Grantee agrees to use commercially reasonable efforts to complete the work as soon as reasonably practical and to keep Grantor reasonably advised as to the status of the work. Upon completion of any such work, Grantee agrees to restore the Easement Area to substantially the same condition the Easement Area was in prior to commencement of such work, except for any improvements which may have been installed by Grantee after the initial construction and installation of the sanitary sewer facilities. Grantee agrees to indemnify, defend and hold Grantor harmless from and against any and all claims, demands, suits, damages and causes of action of any kind or nature whatsoever (including reasonable attorneys' fees and court costs incurred or suffered by Grantor) to the extent arising out of exercise of Grantee's rights hereunder. AND the said Grantor, for its successors and assigns, does by these presents further covenant, promise and agree to and with said Grantee, its successors and assigns, that the said easements and utility systems described unto the said Grantee, its successors and assigns, against it the said Grantor, its successors and assigns, and against all and any person or persons 4
whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him or them or any of them, shall and wil warant and forever defend. IN WITNESS WHEREOF, Grantor has caused this Deed of Dedication to be duly executed the day and year first above written intending to be legally bound. (CORPORATE SEAL) TOWNSHIP OF LOWER MERION By: President of Board of Commissioners Accepted and approved by Resolution of the Board of Commissioners of the Township of Lower Merion the day of 200_. 5
COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. On this theot:7~ay o~,a.d., 2001 before me the undersigned officer, personally appeared Frances Keaveney, who acknowledged herself to be Board Secretary of the LOWER MERION SCHOOL DISTRICT and that she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNES WHEREOF, I have ~ my hand and offcial :~y Notary Pub c COMMONWALTH OF PENNSYVANIA NOTARIAL SEAL ANNA MARY O'HORA. Notary Public Lowe Merion Twp.. Montgomery County MvCommission Expires May 28,2012.-), 6
. COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY 55. On this the day of, A.D., 200_, before me the undersigned officer, personally appeared, who acknowledged himselflherself to be President of the Board of Commissioners of the TOWNSHIP OF LOWER MERION and that (s)he as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public N:\Documents\3647\OO8\Deed of Dedication.3.doc 7
EXHIBIT "A"
BARRY ISETT & ASSOCIATES, INC. Consulting Engineers & Surveyors ww.barryisett.com 85 S. Route 100 & Kressler Lane P.O. Box 147 Trexlertown, P A 18087-0147 610.398.0904 (FAX: 610.481.9098) June 11, 2007 BIA #134304.4TC LAND DESCRIPTION Lower Merion High School Utility Relocation Easement ALL THAT CERTAIN tract of land situate in Lower Merion Township, Montgomery County, Pennsylvania, being known as the Utility Relocation Easement, as shown on and described in accordance with the Site Development Plan, SP-1 - Site Utility Relocation - LMHS for the Lower Merion School District, prepared by Barry Isett & Associates, Inc., dated March 2007, and last revised June 11, 2007, as follows: BEGINNING at the intersection of the westerly property line of the lands of Mark L. Sweetman and Ellen L. Weiss-Sweetman and the northerly right-of-way line of Wister Road (40-foot right-of-way); thence along said westerly property line of the lands of Mark L. Sweetman and Ellen L. Weiss-Sweetman and crossing the northerly portion of the right-of-way of Wister Road, as shown on the aforesaid Site Development Plan, SP-1 - Site Utility Relocation - LMHS for the Lower Merion School District, South 47 degrees 59 minutes 00 seconds East, 16.15 feet; thence through the cartay of Wister Road, South 42 degrees 01 minute 00 seconds West, 42.95 feet; thence through the cartay of Owen Road, South 42 degrees 44 minutes 00 seconds East, 10.22 feet; thence through the lands of the grantor, the following five (5) courses and distances: (1) South 42 degrees 06 minutes 56 seconds West, 40.75 feet; (2) North 69 degrees 22 minutes 14 seconds West, 128.91 feet; (3) South 75 degrees 47 minutes 54 seconds West, 181.93 feet; (4) South 65 degrees 12 minutes 49 seconds West, 132.58 feet; (5) South 34 degrees 09 minutes 13 seconds West, 114.41 feet; thence through said lands of the grantor and crossing the westerly portion of the right-of-way of School House Lane, (40-foot right-of-way) North 70 degrees 14 minutes 21 seconds West, 53.32 feet; thence crossing the northerly portion of the right-of-way of Wister Road and along the easterly property line of the lands of Gordon M. and Deborah E. Henery, North 04 degrees 49 minutes 00 seconds East, 46.55 feet; thence through the aforesaid lands of the grantor, the following seven (7) courses and distances: (1) South 70 degrees 14 minutes 21 seconds East, 40.66 feet; (2) North 34 degrees 09 minutes 13 seconds East, 70.76 feet; (3) South 55 degrees 35 minutes 05 seconds East, 103.48 feet; (4) North 72 degrees 26 minutes 25 seconds East, 225.89 feet; (5) South 79 degrees 00 minutes 10 seconds East, 75.86 feet; (6) South 69 degrees 22 minutes 14 seconds East, 59.11 feet; (7) North 42 degrees 06 minutes 56 seconds East, 59.70 feet;
Utility Relocation Easement 2 June 11, 2007 thence along the aforesaid westerly property line of the lands of Mark L. Sweetman and Ellen L. Weiss-Sweetman, South 47 degrees 59 minutes 00 seconds East, 22.25 feet to the POINT OF BEGINNING. CONTAINING: 26,506 Square Feet BEING A PORTION of that tract, which John Casper Wister, Frances Anne Wister, Elizabeth Wister Wurtis, D. Jarsen Haines, and Ella Wister Haines, by deed dated May 27, 1941, recorded in Deed Book 1398, Page 34, Granted to the School District of Lower Merion Township. SUBJECT TO any and all easements of record. CivillProjeclsl 1343041docs1LDlUtilty- Relocation _ Easement.doc