[From the U.S. Government Printing Office, www.gpo.gov]
PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM BARBER PROPERTY SURVEY Prepared By: HILL ENGINEERING, INC. 8 Gibson Street North East, PA 16428 For: NORTH EAST TOWNSHIP and NORTH EAST BOROUGH MAY, 1996 CZM Project No. CZ1:95.05PE A REPORT OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PURSUANT TO NOAA AWARD NO. NA270ZO253 -Z This project was financed in part by North East Township, North "In East Borough and in part through a Federal Coastal Zone Management Grant from the Pennsylvania Department of Environmental Protection with funds provided by the National Oceanic and Atmospheric Administration (NOAA). The views expressed herein are those of the author(s) and do not necessarily reflect the view of NOAA or any of its subagencies. IMAM wup SURVEY FINDINGS NARRATIVE BARBER PROPERTY RETRACEMENT NORTH EAST TOWNSHIP Physical field survey functions have long since been extended as far as is possible. Boundaries of the two (2) westerly described parcels, representing some 10 acres or 45% of the overall Barber holdings, are discernable, adequately consistent upon the existing record, in-place, and describable for formal conveyance purposes at this time. Cursory record research initiatives undertaken by this office, absent more detailed title inputs by others at the outset as is fairly common practice, our preference, and seemingly war*ranted here, confirm deed description flaws sufficient to prevent definitive location of easterly Barber boundary, common with other lands of Thoreson and/or Dohler'. until such time as additional findings/determinations are available via actions of others to consider and elect one or more of the supplemental and alternative processes appearing to the option of any or all parties to the proposition, thus facilitating resolution of the common boundary matter at hand. optional courses having potential to clarify or clear this issue, facilitating determination of a common Barber/ Thoreson and/or Dohler boundary supported either by new/material record discovery (if any) varying significantly for that now available, a legal decision of a hearer of fact having jurisdiction in such matters, or agreement by and between Barber and Dohler satisfactory to the Township, would include, but are not necessarily limited to, the following: (1) Extended record research via qualified and experienced title abstractor. This option carries additional cost, with little expectation (in our view) and no guarantee same would resolve the issue. (2) The Township, with concurring advice of its Legal counsel, could take title upon a deed of conveyance containing either a generalized last line call, e.q., "Thence southerly and by the westerly lines of lands now of Thoreson and/or Dohler to the place of beginning, or calls subscribing to any of the east line/forced closure combination options shown but not certified on our plat of survey. While not recommended absent knowledge of the Township's intent as to public uses of this real estate (If "soft" or open space related activities, the easterly boundary definition would not be as critical as would be the case with future uses which might involve placement of buildings/permanent structures in easterly reaches of the Barber property acquisition), and qualified to the extent that the apparently flawed record has nevertheless adequately prevailed for Barber purposes over the years, property conveyance/acquisition via this venue could function to increase Dohler involvement, if not transfer complete obligation unto them, to agree with same or prove ownership to any other west line they may elect to claim. (3) Set the common boundary at is@ue via recorded Boundary Line Agreement negotiated for entry by and between Barber (for Township) and Dohler. This is the recommended course of action at this juncture and our office is prepared to lead or participate in discussions with George D. in this regard upon instructfon of the Township to do so with advice of Attorney Jeffery. HILL ENGINEER IN Da d L. Bu sin /PLS March 21, 1996 ILL E@NGINEER IN/PLS Daid L. B1_1 in@, EXHWT#2 . .. ... ..... . ... .. . ..... . ..... EXMWT#3- EXHOTl- EMBITOI: RE E "-A' TWO COURSES AND OCSIANCES AS DE. FOR IPARCEIP N SECORD BOOK 234 AT PACE 1341 PLOTTED FROM END OF PRIOR COURSE AS DESCRIBED 0 SAUL WIN A CLOSURE ENROR OF A DISTANCE OF 116-W. E-BIT02; R SE. GE OF TNE SECOND FR- LAST DESMOM FOR PARCELF w RECORD BOOK 236 AT AE RE GE 4T T PA ALONG THE WESTERN BOUNDARY OF THE LANDS OF GEORGE TI.MXSO. AS qEc=,ED IN DEED BOO" NN A POINT OF BEGINNING AT THE INTERSECTION OF TNE NESTERN BOUNDARY OF TNE LANDS OF TNORESON @N TRE EXTENSION.OF THE BARBER COURSE BEARING N311*37`0D-E. REPRESENTS FINAL TWO COURSES AND DISTANCES AS DESCRIBED FOR PMCEL#1 0 RECORD BOOK 236 AT PAGE '341 PLO ORDE-INNTDOEFEDBEBQOOWo(W3G49ATATTMPEAGMETEIRBSECOYI@ONrOF E"[email protected]@GOERES@OTNHAAS A PEFIROR OF N3.40'36-E A DISTANCE OF WIV. FIE@SUREO EMBIT#4: REPR SENT@ FINAL TRO COURSES AND DISTANCES AS DESCRIBED FOR PARCEL#I IN RECORD BOOK 236 AT PAGE 1341 PLOTTED NTH A POI aIT OF BEGINNING AT TNE NORT4WESTERN MO T CORNER OF THE LANDS OF GEORGE THORESON AS RECORDED IN DEED OW1349 AT PAGE 187, ffl@ A CLOSURE ERROR OF S32-61-00-E A DISTANCE OF 23,40'. _Fb_R_(fEff -PARCEL up1TI WE PN .THRIUREX, .. R PNT. Na I LINE TO OPTION PW . NO. 2 N PNT. NO. 2 LNE ON PRIOR 60. R/T LINE COORDS. I1RG.-S 56'51'46' E @qR 1 547-1-9-1 E N P,@T, -S I N-5547.7669 I " is .@I EA- 0.317 AC.1 E-5757.7630 INST-749. 0' E-5780.2008 T I. CT [email protected] 9 OTA7L FRONTAGE 17.24' AREA-10.5225 AC+ RG. S 9, 4 41'16" E -5533.5198 ORG.-S 51'34'57' E N I N@5547+7669 60250325 IST.-759+73' AREA- 2.028 ACI E-5757@73 DtST.-768.07' i [email protected] DIAL FRONTAGE-811.21, 6 ! E.5780.2008 -+_ _____kREA-12.249 pNT. C I RG.-S 47"38*32' E N:5533.5136 BRC.-S 19.3 5" -5547.7669 N-PN, "' 6' N:,6031 ST-738.69' GAREA-12.580 ACI E 5757.7269 DIST-7"13, E.5780.2008 E 2 11. 13,704908 -TAL FRONTA E@ 8 AR 1,12,717 AC. I PNT. D RG-S 4513'58' E N-5533.5065 ORG. _S 47'06'18' E N-5547.7669 -758,23' 1) -714. 5' . C.5780.2008 IS' A @ AC. N.6058.6022 IST. AREA-13.223 ACI E-5757.7156 _@-5195 9@@ FR NT CE.1 17.18- ARE -1 .458 a 10 NOTES: .:A 1) Record Owner of subject real estate is Mary Jane Barber by Robert A. Barber. Deceased, as recorded in the Erie County Courthouse in Record Book 236 at Page 1341, which premises document entitled "Distribution of Real Estate" for the Estate of bear Erie County Assessment No. 37-15-18-92. Base bearing for PNT.BB "N" G\ course calls and orientations is the south line (along road) as stated in the aforesaid document. S 2) This survey was prepared absent an up-to-date title Search as is encourogOd by the surveyor. As such, boundary T. cftve 0 be affected by and arientations indicated hereon could re therefore subject to facts of record c full search < ol LAM may disclose. MARY JANE BARBER N. A dwelling. goroge, born, cottages, and associated 3) frame improvements exist on the subject premises as indicated hereon. A. lirc (PARCEL13) >.< RB021 PG. 1341 (PARCELf2) (PARCELP) EEO ACREAGE R.B. 236 R.B. 236 PG, 13 `@;ES\ DEED AREA-12.4 A S A DEED AREA PG' " MEAS. REA@15AI59 ACRES MEAS. AREA-3.006 AMES EAS AREA-SEE 7 LIE SURVEYOR'S CERTIFICATION X 1. the undersigned Professional Land Surveyor. hereby certify that this plot is a true and accurate represe@totion of a survey made upon the ground by Hil Engineering, Inc. under my supervision during February and March, 1996, which survey can not and does not delineate 4 the easterly line of Barber due to apparent flows in available record C, A All preventing definitive retrocement and delineation thereof at this time. _Z! ------ -6E- L A 4 IZ4 - @-;Iv LEGEND: IT Do>d` L. Buesink, 'C.E_/P.C1.,k./ PIN Pa. License #SU-026857-E 0 SET IRON CALCULATED POINT EXISTING IRON PIN REVISIONS sull (D) - DEED DISTANCE 0A. - - MEASURED DISTANCE V_ NOM EAW TOWNSHW R/w - RIGHT OF WAY It - CENTERILINE P.O.S. - POINT OF BEGINNING RNE A, qP UVID L SUESINK MARY JANE 13ARBER PROPERTY pliiiim mw ToWmw - w* cown rownwum -t- EX. OVERHEAD ELECTRIC LINE \1A EX. UTILITY POLE =,,Z 14 Z mz=% NIRR, - W IIAII, V P,R. & ASK" Im EWAN0111aft 01C. 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