AGREBMENT' RESPBCTING DBDICA'TION OF
RIGHT-OF-WAY AREAS AND GRANT OF TEMPORARY CONSTRUCTION EASEMENT

This AGREEMENT RESPBCTING DEDICATION OF RIGHT-OF-WAY AREAS ANI)
GRANT OF TEMPORARY CONSTRUCTION BASBMENT (this "Agreement") is made this _ day
of March, 2015 by and between PHOBNIXVILLE ARBA SCHOOL DISTRICT ("District"), 386 City
Line Avenue, Phoenixville, PA 19460, and STOVE SHOP PROPERTIES, LP ("Stove Shop"), a
Pennsylvania limited parhrership, 20 East Pothouse Road, Phoenixville, PA 19460 (collectively referenced
as the "Parties").

WHEREAS, pursuant to a deed at Deed Book 6037. Page 1, Stove Shop is the owner of cerlain real
properly located within the jurìsdictional limits of the Township of Schuylkill, Chester County,
Pennsylvania (the "Township") and known to the Board of Assessrnent of the County of Chester (the
"Board of Assessment") as Tax Map Parcel No. 27-5-45, the same being located at the intersection of
Pothouse Road (S.R. 1096) and State Road (S.R. 29) (the "Stove Shop Properly");
WHERBAS, the District intends to construct a new Elenrentary SchoolÆarly Leaning Center land
development (the "ESIELC Project") on real property located in the vicinity of the Stove Shop Property and
known to the Board of Assessment as Tax Map Parcels Nos. 27-5D-9,21-5D-10 and 27-5D-10.1;

WHEREAS, in conjunction with the ESÆLC Project, the District

will

make certain road

improvements on Pothouse Road and State Road and at the intersection of those roadways, including, but
not limited to, improvemer:.rts requiring roadway expansion along the frontage of the Stove Shop Propefiy,
as depicted in Exhibit A attached hereto (collectively, the "fught-of-Way Improvements");

WHEREAS, the Right of Way Improvements require additional right of way areas along State
(S.R.
lìoad
29) and Pothouse Road (S,R. i096) to be conveyed by Stove Shop from the Stove Shop
Properly to the District, and in turn the l)istrict must convey that right of way ar-ea the Cornmonwealth of
Pennsylvania Department of TranspoÍation ("PennDOT") and/or other appropriate govemmenlal entities,
as depicted on Exhibit A and as n-ìore fully described by metes and bounds on Bxhibit B attached hereto
(the "Ri glit-of-Way Areas") ;
WHEREAS, on and subject to the terms, conditions and provisions set fbnh in this Agreement,
Stove Shop is willing to dedicate the Right-oÊWay Areas to the District;
WHEREAS, in consideration for Stove Shop's dedication of the Right-of-Way Areas as set forth in
this Agreement, and pursuant to other terms, conditions and provisions set forlh in this Agreement, the
District shall install certain parking, driveway, erosion control, stormwater management and other
improvements on the Stove Shop Property as more fully depicted and set forlh on Exhibit A attached
hereto (collectively, the "Stove Shop Property Improvements"); and

\ryHBREAS, in order to implement the construction of the Stove Shop Property Improvements and
the Right of Way Improvements, on and subject to the terms, conditions and provisions set fòrth in this
Agreement, Stove Shop is willing to grant to the Distrrct a temporary constluctron easement to enter upon

1

 those porlions of the Stove Shop Property more fully described by rnetes and bounds on
hereto (the "Temporary Construction Easement A¡ea") and as depicted on Exhibit A.

Exhibit C attached

NOW, TIIEREFORE, with the foregoing incorporated herein by refèrence and made parl hereof,
and in consideration of the premises and the mutual promises herein contained and intending to be legally
bound hereby, the Parties agree as follows:

L
Stove Shop Property Improvements- Subject only to the express terms, conditions and
provisions set forth in this Agreement. the District shall design, obtain all necessary pernrits and approvals
for and, thereafter, construct the Stove Shop Property Improvements.
A. Review of Plans. The District shall cause its consultants to complete in accordance
and, thereafter, delivel to Stove Shop all plans, repotls and other materials to be
Agreement
with this
subrnitted to any govemmental agency with regard to pennits and approvals for the Stove Shop Properly
Improvements (collectively, the "stove Shop Property Improvements Plans") within t-orty-fìve (45) days of
the date of this Agreement (the "Stove Shop Properly Improvernents Plans Completion Deadlile") and, in
arìy case, prior to any such submission. Within ten (10) days of delivery to the Stove Shop of the Stove
Shop Property Improvements Plans, Stove Shop shall deliver to the District a written statemetrt detailing the
rltanner in which the Stove Shop Property Improvements Plans are inadequate or inconsistent with this
Agreement (a "Notice of Disapproval"). The District shall then revise the Stove Shop Property
Improvenents Plans to correct any inadequacies or inconsistencies. In the event that the District shall be
required to revise the Stove Shop Property Improvements Plans in response to comments from any
governmental agency or its consultants in order to obtain permits and approvals for the Stove Shop Properly
lmprovements, the District shall provide such revised version(s) of the Stove Shop Properly lmprovements
Plans to Stove Shop not less than ten (10) days prior to submission thereof to any govemmental agency.
Within five (5) days of Stove Shop's receipt of such revised version(s) of the Stove Shop Property
Improvements Plans, Stove Shop may deliver to the District a Notice of Disapproval. The District shall
then alter the revised version(s) of the Stove Shop Property Improvements Plans to correct the inadequacies
set forth in the applicable Notice of Disapproval, as aforesaid. Notwithstanding anything to the contrary set
forth in this Section 1.4. of this Agreement, Stove Shop's failure to provide the required notices within the
tirneframes set forth in this Section 1 .4. of this Agreement shall be deemed to be a waiver of the applicable
right of review and comment as set fonh in this Section 1.4., provided however that such waiver is and
shail be limited to the specifìc applicable version of the Stove Shop Property lmprovements Plan.

B.

Permitting. Except as expressly set forth in this Agreement to the contrary, Stove
Shop does not, and shall not, have any duty, responsibility or obligation whatsoever with regard to
approvals and permitting for or with regard to the Right-of--Way Improvements and/or the Stove Shop
Property Improvements. The District is, and shall be, responsible for obtaining any and all approvals and
pemits necessary for construction of the Stove Shop Properly Improvements (the "Stove Shop Property
Improvements Permits"), all at no cost or expense to Stove Shop whatsoever. In furtherance of the
District
authorizes the
hereby
Shop
foregoing, Stove
to
subrnit
this
Agreement)
Section
1.4
of
pursuant
to
process
(upon completion of the review and revision
permitting
all permit applications with regard to the Stove Shop Property lmprovements to the appropriate
body, and to execute any necessary applications, agreenents, docutnents a:rd writings on behalf of Stovc

2

 Shop, and Stove Shop agrees to otherwise fully cooperate with all efTorts by the District relative to the
fbregoing, all at no cost or expense to Stove Shop whatsoever.

Construction and Completion of lmprovements. The Distrjct shall complete
construction of the Stove Shop Property Improvements within thtee (3) years from the date of this
Agreernent (the "Stove Shop Properly Improvements Completion Deadline"), and shall construct the Stove
Shop Properly Improvements prior to, or contemporaneously with, the District's construction of the RightoÊWay lmprovenents. '[he District shall provide Stove Sl'rop with writlen notice of the cornmencement of
construction of the Right-of-Way Improvements and the Stove Shop Propeffy lmltrovements not less than
two (2) weeks prior to commencing the same. The District wiil substa¡rtially complete construction work on
or with regard to the Right-oÊWay Improvements and/or the Stove Shop Property Improvements prior to
August 3l't of a given calendar year and will not again engage in this particular substantial construction
work earlier than January 31't of the immediately following calendar year. The District ntay, however,
continue with minor work (such as line striping, landscaping, etc.) after August 31'1, so long as such work is
(i) coordinated in advance with Stove Shop and (ii) shall not unreasonably interfere with the normal and
customary operations at the Stove Shop Property, including, withoul limitation, the present and on-going
use of u pottion of the Stove Shop Properly as a single-family dwelling. ln furtherance, and not in
limitation, of the rest and remainder of this Agreement, the District will include in its construction sequence
with regard to the Right-of-Way Improvements and the Stove Shop Properly Improvements a timeframe of
not less than fourteen (1a) days for Stove Shop, if it so chooses, to replace and/or upgrade any utility lines
at the Stove Shop Property then accessible as a result of the District's contractors' work at the Stove Shop
Property provided, however, that any such replacement and/or upgrade work shall be at Stove Shop's cost
ancLexpense, and shall in no way create aclditional costs or expenses for the District. All construction work
on or with regard to the Stove Shop Property Improvements shall be as required pursuant to the Stove Shop
property ¡nprovements Plans (as reviewed by Stove Shop pursuant to Section l.A. of this Agreement) and
the Stove Shop Properl"y Improvements Permits and, in all cases, shall be perf'ormed as provided herein
ancl in compliànce with applicable law (including, without limitation, all laws, rules and regulations with
regard to siomwater management and erosion and sedimentation control), in a good and workmanlike
cornpletion of the construction of the
-á*", and for the purpose for which the same are intended. Upon Notice
of Completion to Stove Shop
Stove Shop Properly Improvements, the District shall issue a written
(the "Notice of Completion"). Stove Shop sh¿ril have a period of thirty (30) days lrom the date of the
Notice of Completion during which to inspect the Stove Shop Properly Improvements and either (i) issue to
the District a notice that the Stove Shop Properfy Implovemenls are completed and colmüucted in
accordance with this Agreement (a "Notice of Acceptance") or (ii) advise the District of any deficiencies or
necessary repairs at or with regard to the Stove Shop Property Improvements in order that the same shall be
completéd and constructed in accordance with this Agreement (a "Notice of Reiection"). In the event that
Stovè Shop does not issue a Notice of Rejection within the aforementioned thifty (30) days period, the
parties sháll consider the Stove Shop Property Improvements to be complete as of the expiration of such
period ("Completion Date"). ln the event that Stove Shop does issue a Notice of Rejection within the
àforementioned thirty (30) days period, the District shall conect any deficìencies and complete necessat'y
repairs at or with regard to the Stove Shop Property Improvements within thirry (30) days of the date of the

C.

Notice of Rejection.

J

 D.

of a disagleemcnt between Stove Shop and the
District in connection with the District's obligations under this Section 1. of this Agreement,
representatives of Stove Shop and the District shall meet in person not less than two (2) times over a
p"ìiod of one (1) week (with each rneeting separated by not less than three (3) days) in an attempt to
Dispute Resolution. In the event

iesolve such disagreement. In the event those representatives of each of the Parlies are unable to resolve
theìr disagreement within the timeframe set forth in the immediately preceding sentence, Stove Shop
and the District shall, within three (3) days of the last nreeting between them, as al-oresaid, agree upon an
indepe¡dent civil engineer (licensed as a Professional Engine er in the Commonwealth of Pennsylvania)
who, within fìve (5) days of being nominated, shall obtain frotn each of the Stove Sliop and the District

any and all materials relevant to the disagreement and, within ten (10) days thereof, issue a
determination to resolve such riispute, which such determination is and shall be binding upon Stove
Shop and the District, In the event that Stove Shop and the District carulot agree upon the independent
civii engineer to be appointed as set fofth above, then either Stove Shop or the District may file with the
Couú of Common Pleas of Chester County an emergency petition pursuant to which the Coufi would
appoint such independent civil engineer who shall, within the timeframes set foúh in this Section of this
Agreement, issue a determination to resolve the dispute between Stove Shop and the District, which
such determination is and shall be binding upon Stove Shop and the District.

Further Consideration. In addition to, and not in lieu or limitation of, the Stove Shop Properly
Improvements and/or anything set forth elsewhere in this Agreement, as further consideration for the
granting of the easements and rights of way as set forth in this Agreement, simultaneously with the full

2.

èxecution of this Agreement by the District and the Stove Shop, the District shall remit to Stove Shop Three
Thousand Dollars ($3,000.00). Further, Stove Shop shall be, as of and at the execution thereof, (and shall

remain during the entirety of the term thereof) expressly named as a third-pafiy beneficiary of the
waryanties contained in or pursuant to any and all site work/constt'uction contract(s) pursuant to which
construction or performance of any of the Stove Shop Property Improvements is performed (and/or, as
applicable, any amendment, supplement, addendum or change order under or pursuant thereto) (each, a
,,ÞASD Stove Shop Construction Contract"), Stove Shop is (and shall remain during the entirety of the
term thereofl entitled to directly exercise and enforce any and all right, title, interest and remedies
available to the primary benefitted party under and pursuant to the wananties contained in or pursuant to
such PASD Stove Shop Construction Clontact as applicable to the Stove Shop Properly Improvements.
In furtherance, and not in limitation, of the foregoing, upon colnpletion of the Stove Shop Property
Improvements, the District does and shall assign to Stove Shop any and all rights and temedies which
the District may have, or be entitled to, or have any right to assert under and pursuant to any PASD
'l'o
Stove Shop Construction Contract as the same may affect the Stove Shop Property improvements.
the extent such action, consent or waiver would afïect the Stove Shop Property Improvemetrts, the
District agrees and acknowledges that the District shall not grant any consents or agree to any walvers
under and pursuant to a PASD Stove Shop Construction Contract that will substantially affect the rights
of Stove Shop under this Section 2. without fìrst obtaining the written consent of Stove Shop, such
consent not to be un-reasonably withheld-

3.

Temporary Construction Easement. Stove Shop hereby grants and conveys to the

District a temporary easement over the Temporary Construction Easement A¡ea for the sole and exclusive

4

 pulpose of construction of the Stove Shop Properly lmprovements (including any associated stotmwater
management fàcilities) and f-or the construction of the Right-of-V/ay Improvements (including, but not
limited to any stormwater management and erosion control improvements necessary to implement the
sarne) (the "Temporary Construction Easement"). The term of the Temporary Construction Easement
shall commence on the date of this Agreement and shall expire on the date which is th¡ee (3) years from

the date of this Agreement. Prior to comu-ìencerllent of construction of the Stove Shop Properly
Improvements and/or the Right-oÊV/ay Improvements, the District shall have access to the Stove Shop
Propefiy between the hours of 8:00 A.M. and 6:00 P.M. to conduct all studies, tests, exatninations ancl
surveys necessary to design and construct the Right-of'-Way Irnprovements ancl the Stove Shop Properly
Improvements and, except as expressly set t-orth in this Agreement to the contrary, shall retum the Stove
Shop Property to the condition thereof immediately preceding such studies, tests, examinations and surueys.

4. No lnterference. Notwithstanding anything to the contrary set forth in this Agreement,
or elsewhere, the District shall not utilize the Stove Shop Property, or any portion thereof, for staging or
storage of materials or equipment othel than as related to the Right-of'-Way Improvements or the Stove
Shop Propefty Improvements. In the dischargc of any of the rights or duties granted or imposed under or
pursuant to this Agreement, the District shall, to the maximum extent possible in light of the construction
activity contemplated under this Agreement. avoid interference with nomal and customary operations at
the Stove Shop Properly including, without limitation, the present and ongoing use of a portion of the Stove
Shop Property as a single-family dwelling.
5.

Offer of Dedication. Subject only to the express terms, conditions and provisions set forth
in this Agreement, on even date herewith Stove Shop shall dedicate the Right-oÊWay Areas to the District.
Contemporaneously with full execution of this Agreement by each of the District and Stove Shop, Stove
Shop shall complete conveyance of the zught-of-Way Areas contemporaneously with execution of this
Agreement, including execution and delivery of the Deed of Dedication in lieu of Condemnation as set
forth at Exhibit D. The Deed of Dedication wiil not be recorded by the District before the Completion Date
pursuantto Sectionl.C. The District shall bear all costs for lecording of the Deed of Dedication and other
costs necessary to efièctuate the conveyance and recording of the same.

6.

Insurance. The District shall rnaintain policies of liability insurance in full force and effect
during all work at or with regard to the Stove Shop Properly ¿rnd shall expressly name Stove Shop, its
pafiners, agents and employees as additional insureds for all work performed in connection with the Rightof-Way Improvements or the Stove Shop Property Improvements and for the purpose of protecting such
parties from liability for bodily injury and property damage clairns. All policies of insurance maintained
by the District shall provide for a minirnum of thirty (30) days' notice to Stove Shop prior to cancellation of
the policies. The District further agrees to have Stove Shop, its partners, agents and employees, as insured
parlies in each of the following types of policies and to provide the following minimum coverage: public
liability insurance with limits of Three Million and 00/100 Dollars ($3,000,000.00) per occurrence and l-ive
Million and 00/100 Dollars ($5,000,000.00) in the aggregate.

Indemnification. This Section l. of this Agreenrent shall survive expiration of the
1emporary Construction Easement or earlier termination of this Agreement. The District does and shall
inclemnify, defend (with counsel selected by the District and directed by the District) and hold hatmless

7.

5

 Stove Shop, its lirnited partners, employees and agerlts, of, fiom, and against any and all liability, claim,
suit, cost, expense or demand, arising from, out of, or related in any marìner or fotm to any acts, errors ot
omissions of the District, its agents, contractors, employees, offlicials, off,tcers and/or subcontractors arising
directly liom, out of, or directly related to design, permitting, construclion and/or installation of (but, after
the Completion Date, not the maintenance, repair and/or replacement of) the Right-oÊWay lmprovements
or the Stove Shop Property Improvements, together with all costs, fèes and expenses (including, but not
limited to, attomeys' fees, court costs and/or expert witness fees and costs) as may be incuned in
connection with any such liability, claim, suit, cost, expense or demand. The District agrees it shall not
asseft the defense of govemmental immunity in order to avoid its contractual responsibilities to Stove Shop
under this Section 7. Stove Shop agrees to fully cooperate with the defense of any such liabilþ, claim, suit,
cost, expense or demand, and shall provide the District with immediate notice of receipt of the same.
Nothing in this Section 7 is intended to or shall require Stove Shop to perform any non-monetary action as a
parl of any settlement or compromise of a claim, suit or demand for which the District has defended Stove
Shop pursuant to this Section 7.

8.

Conditions. The Parties agree that the Parties' respective obligations under
are subject to the following conditions (collectively, the "Conditions Precedent")

A.

th-is Agreement

As to the District's obligations
Conveyance of the Right of Way portions of the Stove Shop Property to the
Dist¡ict for the purpose of the District irnplementing the improvements
required by the Pennsylvania Department of Transportation ("PermDOT")

l.

through the Highway Occupancy Permit approval for the ES/ELC Project;

The duties and obligations of the District under this Agreement shall be
contingent on the final, unappealable approval by Schuylkill Township of;
the Land Development Plans for the ES/ELC Project; the PennDOT
Highway Occupancy Pennit associated with the ES/ELC Project; any other
necessary outside agency approvals; and tlie District's constluction and

ll

completion of the ES/ELC Project; and
l1l

.

The duties and obligations of the District under this Agreement shall be
contingent on Stove Shop's compliance with all of the other terms and
conditions contained herein.

B

As to Stove Shop's obligations:

i.

Within270 days frorn thc date of this Agreement, the Distnct obtaining final
and unappealable approval from the Township, PennDOT and any other
applicable govemmental agency of all approvals, certificates, licenses or
permits necessary for the construction of the Stove Shop Property
Improvements by the District in accoldance with this Agreement; and

6

 Within 270 days from the date of this Agreement, issuance by the Township
of a license to permit Stove Shop's use of that portion of property adjacent to
the Stove Shop Property and owned by the Township as and for storage of
wood pellets and like wood products.

C. [n the event of failure of one oï more of the Conditions Precedent, this Agreement shall be
rendered null and void and of no furthel legal effect, except the District shall be required, if possible (i.e. if
the District then remains the record owner of the Right-of--Way Areas), to convey back to Stove Shop the
sarne title to the Right-of-Way Aleas the District acquired pursuant to this Agreement, and simultaneously
Stove Shop must remit to the District $3,000. This conveyance and payment shall occur within five (5)
business days (i.e., not Saturday, Sunday or a legal holiday in Pennsylvania) o1'notice from either Parly that
the Conditions Precedent failed pursuant to this Section 8. Should the District not be able to convey back to
Stove Shop the same title to the Right-of-Way Areas, Stove Shop can either (i) receive from the District
liquidated damages in the amount of $15,000.00, as full and final payment and satisfaction for all claims
related to or arising fronr the conveyance of the Riglrt-of-Way Aleas withir-r ten (10) days of wr-itten demand
from Stove Shop, or (ii) Stove Shop may pursue damages under the Eminent Domain Code, and nothing set
forth in this Agreernent shall be construed as a waiver of any such right.
9.

DisputeResolution. Except as set forth at Section 1. of this Agreement, in the event of
any dispute between the District and Stove Shop arising out of or in any maru1er or form related to this
Agreement, the matter shall be submitted for binding arbitration consistent with the rules for commercial
arbitration of the American Arbitration Association ("A,A.r{"), or as the Parties may otherwise agree,
provided however, the dispute shall not be submitted to AuA"{. Any such arbitration proceeding shall take
place in Chester County. If the Parlies cannot agree on a single arbitrator, each party will select one
arbitrator and the two arbitrators will select a third arbitrator. Albitrators must be attomeys adrnitted to
practice law in the Commonwealth of Pemsylvania, and can have no interest in the outcome of the
arbitration and no business or f'amilial relationship with either of the Parties. If the selected arbitrators
cannot agee within thirty (30) days on the selection of a third arbitrator and the Parties are otherwise unable
to select a mutually-agreeable third arbitrator within fourteen (14) days thereafter, either Party may file with
the Coufi of Common Pleas of Chester County an emergency petition pursuant to which the Court would
appoint such third arbitrator. Each Party will pay the expenses it incurs and bear the expense of the third
arbit¡ator equally. The decision of the arbitrator or arbitrators shall be fìnal and binding on the Parlies. The
arbitrator(s) shall not have the right to modify any other terms of this Agreement.
10. Time. AII time periods set forth in this Agreement are subject to extension by agreement of
the Parties, including, but not limited to, when necessaly to effectuate the obligations hereunder. Any tirne
periods set forth in this Agreement shall be extended on a day-for-day basis for any delays caused by: acts
of God, fire or explosion, labor stoppages or other industrial disturbances, actions of any governmental
agency (other than the District), shoftage of materials, acts of terorisrn, or such other similar event.
ll,

Binding. All references to the District and Stove Shop in this Agreernent shall

be

construed to incorporate their officers, officials, successors, assigns, employecs, contractors, and agents,
respectively. Subject to the tenns of this Agreement, this Agreement shall be binding and shall inure to
the benefit ofthe Parties hereto and their respective successors and assigns.

7

 12.

Severability, If any provision on this Agreement is held to be invalid or unenforceable:
(A) the remaining provisions of this Agreement shall not be affected thereby, but shall continue in full
force and effect; (B) this Agreement shall be and is hereby atnended, to the minimum necessary, to
remcdy such invalidity or unenforceability, and the parties hereto shall adjust their respective rights and
obligations hereunder accordingly; and (C) to the extenl that such invalid or uuenforceable provisions
cannot be rendered valid or enforceable by amendment as aforesaid, the same shall be severed herefrom
as though never set

forth herein.

Headings, The captions or headings preceding the text of the several sections and
subsections of this Agreement are inserted solely fbr convenience of reference. they shall neither

13.

constitute a part of this Agreement nor affèct its meaning, construction or el'fèct.

14.

Entire Agreement; Amendment. This Agreement, together with the lrxhibits attached
hereto and made part hereof, constitutes the entire understanding and agreement of the Parties with
respect to the subject matter hereof, and, except as may be otherwise specifically set forth herein,
supersedes all prior and contemporaneous agreements and understandings, express or implied, oral or
wriften. Except as may be otherwise specifrcally provided herein, this Agreernerf may not be amended,
revoked, changed, altered, or modified in any lnanner whatsoever, other than by written unanimous
agreement of and signed by all parties hereto.

15.

Notice. Any notice under this Agreement shall be sent by first class mail or via

delivery to the following:

If to the District:
Attn: Stanley Johnson
Executive Director of Operations
386 City Line Avenue
Phoenixville, PA 19460
j

ohnsons@pasd.k 1 2.pa.us.

in all instances, to
Esq
Anclrew Bellwoar,
Siana, Bellwoar & McAndrew, LLP
941 Pottstown Pike, Suite 200
Chester Springs, PA 19425
With

a required copy,

8

hand

 If to Stove Shop:
William Ryan
Cyndy Ryan
Stove Shop Properties, L.P.
10 East Pothouse Road
Phoenixville, Pennsylvania I 9460

With a required copy, in all instances, to:
Buckley, Brion, McGuire &

Moris LLP

I 18 West Market Street

Suite 300
West Chester, PennsYlvania 19382
Attn.: Michael S, Gill, Esquire

Any change to any of the above-contact information shall be provided to the other Party, respectively,
by first class mail or hand delivery.

16.

Authorized Representative. Stove Shop covenants that no other individual or person has
any interest in the proceeds of this Agreement or the consideration herein. Prior to the conclusiou of the
term of the Temporary Construction Easement, Stove Shop fuither- covenaús that it will provide a full and
complete copy of this Agreement to any subsequent purchaser or record-owner of the Subject Properly.

17.

Recording. Upon written notice to the other,

Agreement with the

the District or Stove Shop rnay record this

office of the chester county Recorder of Deeds.

IREMAINDERoFTHISPAGEINTENTI0NALLYLEFTBLANIq

9

 IN WITNESS WHEREOF, a¡rd intending to be bound, the Parties hereunto have executed this
Agreement as of the day and year first written above.

PHOENIXVILLE AREA SCHOOL DISTRICT
by and through its School Board

sTovE sHoP PROPERTIES, L.P.,
a Pennsy

By
N

Title:

illiam Ryan
Authorized Signator

10

 COMMONWEALTI{ OF PENNSYLVANIA:
$$

COLTNTY OF CHESTER

ON THIS, tn" 1þ-auy of
,2015,before me, the undersigned Offrcer,
personally appeared WILLIAM RYAN, who acknowledged himself to be an Authorized Signator of
STOVE SHOP PROPERTIES, L.P., a Pennsylvania limited partnership, and that he, as such Authorized
Signator, being authorized to do so, executed the foregoing instrument for the purposes therein contained by
signing their name of the partnership thereto.

lN WITNESS WHEREOF, I hereunto
xol

set my hand and

ofÏicial

ßAtSEAL

Lenon D. mPotlc'

XtY h¡úc

Plroenhlllc Bto, CttcÚr
DÉ
Cdnm¡$¡cn

Public

(sEAL)

11

seal.

 ON TI]IS, the

/

of

ê/^

20r

the undersigned Olficer,

who acknowledged
and
personally appeared
and that they
to the foregoing
afe
themselves to be the persons whose
names
thereto
their
signing
contained,
by
therein
purposes
the
executed the foregoing instrument, for
IN WITNESS WHEREOF, I hereunto set my hand and official seal.

ilqrARAt sËÁt

Public

(sEAL)

12

 Exhibit

+
REQUIRED

59 o

RIGï-rOF-WAY
_ SR 1036

UNE TABLE

sEE Note

(TO BE RELOCATED)

14"x23"

= zã0 s.

SR

î06

40

o SEE

q 4r

coNSrR.

NOTE 4

l+æT

BE

42

WHEEL STOP

uP flo12

(R/w)

A

_J_______

PECO
RELOCA

NO'ÍE 2

t4000
BE

NOTI

HERCP

3

IE

_gJÉL

EXISTING

wooD

REQUIRED ]EMPORARY

CONS]RUCÍION EASMENT

EDGE

RELOCATE

I INF TÂRì F

AND

PAVEMENÏ

MATCH

G
TIMPORARY
CONSIRUCÏON

OB
(TcE)

EASEMEN-I

autLD/t\tc

STOVT SHOP

REQUIRED HPORARY LVNS IXUUIIUN

FAWñT

CURVE

T

IÆLE

R/r

L\NE

6Ut¿-DtNG

X

ASPHALT

PATH (6

uqÊ

G

STOVE SHOP PROPER

(ro

BUIDING.

AS

NTED).

a

PG.

4

slcñ
E

&

ALLED
SHOP)

!

IVATCH EXÍSTING

PARKING ARE4

o^

RESС[ BUIDING
5 N6 ø EN{ fiCES AND QUNT rc BE DTW
fO STOE Sæ PRæfiT FOR PNING BY STOW *æ.
6 UAINTAIN üSNNG OL FU flPE. RESÍ TO ffiÐL
INTU 2 f OINEIER 1O IN NICK æNæffi M
XEETre H_20
ANO INSTAL A Nil ACCS æE
LOSNG ËAUIRTENE- fæ W æNCME æUR fO EE
ruU$ HB Tæ tr $ÊffiADE UVAÏON.
7. NEIY PAÐ ffis IO 8E OF SAW MÁBIA AND
CONMUCION

IVOUNTED)

DB 6037

WA

(BU

)t

J INSIU ÆDINilI PABENT rc PROVæ IO SNFÐ
ilD UNÐ Pffi¡NG *ACS IN RdT OF WÆ8@S
6 Fæl RAS æm RW Ѐ ff Prcæ
ACÉS rc ru üSING mAS Æa N ftST f frE

ONE

ENTER SIGN

DO

ÆS üÉÆS il
1. EPORARI dSUCION ffiVSf
gM@MING
BUTDINGS ND 8EA HüIN 8@NE
RESBII BUItrG.
Z INSTU ENCE Wü Ð Nq MAIXUM HEfrT TO
AWMODAE ÐNOOT SffT DTSTA€ REruEilRE.
MAEII AXD sru YUI MAT* üSÌNG BË

4- tNtu

SIGN

MOUNTED)

TO

.o
NE IO

TO PENNDOT APPROVAI- DRIVEWAY TO BE
DESIGNED AS A R'LL MOVEMENT ACCESS.

I

RIET_f_WÀY UffiOWENE.

I/ATCH EXISTNG

PrcERÛ IO
PROPOÐ DRIWAY

BE

RilOM

AE ACfrIRED

ÐTSruilI

PA'ÌH
MOPOÐ

DRIWWAY

PÀEMilT

PLAN OF PROPERTY TO BE ACQUIRED BY PHOENIXVILLE AREA SCHOOL DISTRICT
FROM PART OF LANDS OF STOVE SHOP PROPERTIES
KENNII-H

SWIFT

840

SPRINGDALE DRIVE

EXTON, PA

-19341

TELE: (610) s94-9995

FAX: (61o) s94-956s

MARCH 11,2015
JOB # 813282

SCALE: 1"

=

30'

SCHUYLKILL TOWNSHIP
CHESTER COUNTY

X

 Exhiblt

B

MCMAFION
ER5

M

c-ìVl

AII ON

A.SS O

Cl-ATES, INC.

; Exlon, PA 19341
p 610-594-9995 I f 610 594-9565

840 Sprìngdale Drive

&

mcmahonassociates.com
PRIN CIPÀLS
JosèphW McMahon, P E.
Joseph J, Desantjs, P É, PToE

March

John

5

DePalma

Wìttiam

T

Steffens

1,1.,201.5

CaseyÄ

PE
P E, PiO[
Gary R. lilcNäughton. ^{oore,

ASSOCI,{TES

JohnJ Mitcheir, P E'
DESCRIPTION OF PROPERTY TO BE ACQUIRED BY
pHoENrxvrLLE AREA scHool
'n""l:iili:illlii iE
FRoM PART oF LANDS oF STOVE SHOP pRopERTrES, L.I,. (rJPt #27-s-45),,.J:::iï1$"i:i,läf ;?"'.

DrsrRrcr

All that certain required piece of land situate in the Township of Schuylkill, County of Chester,

jl Deed Book 6037, Page 1
Commonwealth of PerLrrsylvania. Being part of the land described
and recorded at West Chester in the Office for the Recorder of Deeds in and for the County of
Chester. Bouncled and described i¡ accordance with the "PLAN OF PROPERTY TO BE
ACQUIRED BY PHOENIXVILLE AREA SCTIOOL DIS'IRICT FROM PART OF LANDS OF
STOVE SHOP PROPERTIES" made by McMahon Associates, Inc., Extou, PA, as follows to wit;
Beginning at a point on the southwestelly PennDOT'Legal Right-of-Way line of West Pothouse
Road (S.R. 1036) (38 feet wide), thence extending tire following courses arrd distauces:
f

)

Extending along the southwesterly PennDOT Legal Right-of-Way line of West Pothouse
Road (S.R. 1036), South 53 d.egrees 17 minutes 09 seconds East,2O0.26 feet to a point on the
southeasterly property line of the grantors

2)

Extending along the southeasterly property line of the grantors South 35 degrees L7 minutes
09 seconds West, 4.70 feet to a point on the southwesterly Required Right-of-Way Line of
West Pothouse Road (S.R. 1036)

3)

4)

Extending along the southwesterly Required Right-of-Way Line of West Pothouse Road
(S,R. 1036), North 56 degrees 54 minutes 24 seconds West, 200.57 feet to a point on the
southwesterly PennDOT Legal Right-of-Way line of West Pothouse Road (S'R' 1036)

Extending along the southwesterly PennDOT Legal Right-of-Way ìine of West Pothouse
Road (S.R. 1036) North 36 degrees 00 minutes 33 seconds EasT, 17.37 feet to the
southwesterly PennDOT I-egal Right-of-Way L,ine of West Pothouse Road, the point and
place of beginning.

Containing 2,210 square feet, or 0.051 acres.

L\cn8\813282\dwg\Exhibils\Irgai Dcsd¡Pllons\stove shoP Property l-egal Descriplion ROw docx

Corporate Headquarters: Fort Washlngton, Pennsylvania
Serving the East Coôst from 13 offlces throughout the À4id-Atlantic, New Englatrd. ¿ìnd Florida

 Exhibit

C

cìvf -¡rI{ ON .,\¡^ S O C IA'f ES, I N C 840 Sprjngdate Drive ; Ex[on, PA'19341

lI

MCÀ'tAF{ON

p 610-594 9995 I

f 610-594-9565

mcmahonassociates, com

I,RINCIP;\LS
Ma¡ch

11,20j5

'"'"'i:::oJ:g'i:lilPl;iå

-'ii*" ?ïi"i:

CaseyA Moore.PE
Gery

DEscRIprIoN oF TEMpoRARy CONSTRUCTION
FoR PART oF LANDS OF STOVE SHOP PROPERTIES,

EASEMENT
L.P. (UPI T27.5.45)

R

'\4cNaushtoo' P E

'

ProE

."î"';ÌÎ,iï.;ìTIi.
Ch¡istopher

J

Wilt¡ams. P.E,

R rrent Ebersole P E'
All that certain requir.ed piece of land situate in the Tou'nship of Schuylkilì, County of Chester',
Commonwealth of pennsylvania. Being part of the lancl described in Deed Book 6037, Page 1 and
-"J::tiä1å.i:iläi;i;L
recorded at West Cl-rester in the Office for the Recolde¡ of Deeds in ar-rd fol tl-re County of Chestcr.
Bounded and describcd in accordance with the "PLAN OF PROPERTY TO BE ACQUIRED BY
PHOENÌXVILLE AREA SCHOOL DISTRICT FROM PART OF I-ANDS OF STOVE SHOP PROPERTES,, MACIC

by McMalron Associates, Inc., Exton, PA, as follows to wii;
Beginning at a point of interscction of the northeasterly PennDOT Legal Right-of-Way Linc of Statc Road (S R
(S.R. 1036), thence
002-9), with the southwesterly PennDOT Legal Right-of-Way line of Wesi Pothorise Road
distances:
courscs
and
the
following
extending

1)

Extcnding along the southr,r,esterly PennDOT Lcgal Right-of-Way tine of West Pothouse Road (S.R. 1036)
on a curve to the right having an arc length of57 42 feet, a radius of 36.55 feet, a chord lcngth of 51.69 feat,
and a chord bearing of North 81 degrees 00 minutes 33 seconds East

Z)

Contintring along thc southwesterìy PennDOT Legal Right-of-Way linc of West Pothouse Road (S.R. 1036)
South 53 degrees, 59 minutes 27 scconds East, 37.94 feet

3)

Conrinuing along the southwesterly PcnnDOT Legal Right-of-Way line of West PothotLse Road (S.R. 1036)
North 36 degrees, 00 mi¡rutes 33 seconds East, 9.25 feet to a Point on tJre Required Right-of-Way line of
West Pothouse Road (S.R. 1036)

4)

Extending along the Required Right-of-Way line of West Pothouse lìoad (S.R. 1036) Souih 56 dcgrees, 54
minute's 24 seconds Easï,200.57 feet to a point trn tì-re southeasterly propcrty line of thc Srantors

5)

Iixtcnding along, thc southcasterly property ljne of the gratrtors South 35 dcgrees

17 mLnutes 09 seconds

west, 166.56 feet to a point on the southwcstcrly pfopcrty line of the grautor's

6)

Extending along the southwesterly propcrty line of the glantols North 54 degrees 42 nrinutes 5l seconds
West, 208.72 feet to a point on the northcasterly PennDOT Legal Right of-Way Line of State Road (S R.
0029)

7)

Extending along the northcasierly Pen¡rDOT Legal Right-of-Way Linc of State Road (S R 0029) North 02
degrees 43

8)

mi¡utes

01 seconds, 109.17 feet

Continuing along the northcasterly PennDOT Legal Right-of-Way Line of State Road (S.R 0029) on a curvê
to the right having an arc length <¡Í23 43 feet, a radius of 91,4.93 feet, a chord length of 23.43 feet, and a
chord bearing of North 15 degrees 19 minutes 02 seconds East to a point arrd pìace of beginning.

Containing 40,060 square feet, or 0.920 acres. The Temporary Construction Easement area exclttdes all
buildings and area within fence line su¡¡ounding residential building'
l\eng\813282\dwB\Exlìibits\Le8al

DessiPliore\Stove ShoP I'roPerty Legal L)csqìPtion -TCE dod

Corporate Heâdquarters: Fort Washington, Pennsytvania
Serv1ng

the East Coast from 1 3 offices throughout the

Nevr tngtatrd, and Ftc¡rida

^{id-Atlantjc,

 I

Prepared by and return to:
Andrew J. Bellwoar, Esquire
941 Pottstown Pike, Suite 200
Chester Springs, P^ 19425
610/321-5500
UPI No. 27-5-45 @ørt

ofl

DEED OF DEDICATION

THIS DEED, made this

lieu of CONDIìMNAT'ION

/2

day of March, 2015 by and between STOVB SHOP
PROPBRTIES, L.P., a Pennsylvania limited partnership, 20 East Pothouse Road, Phoenixville,
PA 19460 (hereinafter called "Grantor").
and

PHOENIXVILLE AREA SCHOOL DISTRICT, duly organized under the laws of the
Commonwealth of Pennsylvania with offices at 386 City Line Avenue, Phoenixville, PA 19460
(hereinafter called "Grantee").

\ryHEREAS, the Grantor is the owner in fee of real propeúy in the Township of
Schuylkill, Chester County, Pennsylvania known as 10-20 East Pothouse Road; and
\ryHEREAS, the Grantor desires to dedicate a cefiain right of way whioh is shown on a
plan entitled Plan of Property to be Acquired by Phoenixville Area School District from Parts of
Lands of Stove Shop Properties, L.P., prepared by McMahon Associates, Inc., Exton,
Pennsylvania, dated March 11, 2015.
NO\ry THEREFORE, the Grantor, for and in consideration of ONE DOI,LAR ($1.00),
as well as for diverse othel considerations affecting the public welfare, rvhich it seeks to
advance, has granted, bargained, dedicated and conveyed, and by these presents does grant,
bargain, dedicate and convey unto the Grantee, ìts successors and assigns, in fee,
road shown on the Plan and more parlicularly described in the
legal descriptions attached hereto Exhibit A.

ALL THAT CERTAIN

UNDER AND SUBJECT to covenants, conditions, restrictions and easements of record.

TO HAVB AND TO HOLD the road above described unto the Grantee, its successors
and assigns, forever as and for public streets and such curbs, sidewalks, and stonnwater
management facilities, as may be constructed as a part of the premises, to the extent and rvith the
sarne effect as if the said road had been opened by a Decree of Court of Common Pleas of
Chester County, after proceedings duly had for that pllrpose under and in pursuance of the road
laws of the Commonwealth of Pennsylvania.

 AND THE GRANTOR, its successors and assigns, by these presents

covenants,
the
Grantor,
neither
promises and agrees to and with the Grantee, its successors and assigns, that
nor its successors and assigns, shall nor will at any time hereafter ask, demand or recover or
receive of or from the Grantee, its successors and assigns, any sum or sums of money as and for
damages for or by reason of the physical grading of said streets to the grade as now established'

AND the Glantor, for itself and its successors, does, by these presents, covenant, grant
and agree to and with the Grantee, its successors and assigns, that the Grantor, all and singular
the hereditaments and premises herein above described and granted or nentioned and intended

so to be with the appufienances, unto the Grantee, its successors and assigns against the Grantor,

and against all and every person or persons whomsoever

lawfully claiming the same or any part

thereof, by, from or under it, them or any of them shall and
subject as aforesaid, WARRANT and forever DEFEND.

IN WITNESS WHEREOF, the Grantor

will be these

presents, under and

has caused this instrument to be duly executed

tlie day and year ltrst above written.

STOVE SHOP PROPBRTIES, L.P.,
a Pennsy lvania

By,

William Ryan
N
Title: Authorized Signator

The address of the above name grantee is:
386 City Line Avenue

Phoenixville, Pennsy lvania

On Behalf of the

tee

1

60

 COMMONWEALTH OF PE,NNSYLVANIA:
s$

COLINTY OF CHESTER

Signator of STOVE SHOP PROPERTIES, L.P., a Pennsylvania limited partnership, and that he, as
suõh Authorized Signator, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing their name of the partnership thereto.

IN WITNESS WHEREOF,I hereunto

set my hand and

official

Notary Public

(sEAL)
TqTAflAL

lonm

D.

Éllporrlc,

SAt

tlüy Pt¡[c
h,

Clüû

seal.

 EXIIIBIT

A

MCMAFION

II cNIAIION

.{SSO

CIATES, Il'i C.

840 Springdate Drive I Ext.on, PA 19341
p 610-594-9995   f 610'594-9s6s

ÎRANSPORTATIC'N ENGINEERS &

mcrnahonassocíates.com
I'ITINCIPALS
Joseph W. McMahon, P.E.
JosephJ. DeSarìtis, P E, PTOE
John S DePatma
Wittìâm T 5têlfens

March 11,2015

CaseyA Moore.PE

6aryR

À4cNaughton. P

E,

PTOE

ASSOcIA'TES

JohnJ. rvljtchett, P.r'
DESCRIPTION OF PROPERTY TO BE ACQUIRED BY
pHoENrxvrLLE AREA scHool
"." :i::i,:Vjlllii, iE
pRopERTrES,
(rJpr
fl27-s-4s)..,i::iiï1$"il'riill;?,i.
r,.p.
FRoM PART OF LANDS oF STovE SHop

DISTRICT'

AII that certain required piece of land situate in the'Iownship of Schuylkill, County of Chester,
Commonwealth of Pennsylvania. Being palt of the land described in Deed Book 6037, Page 1
and recorded at West Chester in the Office for the Recorder of Deeds in and for tl-re County of
Chester. Bounded and described in accordance with the "PLAN OF PROPERTY TO BE
ACQUIRED BY PHOENIXVILLE AREA SCHOOL DISTRICT FROM PART OF LANDS OF
STOVE SHOP PROPERTIES" made by McMahon Associates,Inc., Exton, PA, as follows to wit;
Beginning at a pornt on the southwesterly PennDOT L,egal Right-of-Way line of West Pothouse
Road (S.R. 1036) (38 feet wide), thence extending the followrng courses ald distances:

1)

Extending along the southwesterly PennDOT Legal Right-of-Way line of West Pothouse
Road (S.R. 1036), South 53 degrees 17 minu.tes 09 seconds 8as1,200.26 feet to a point on the
southeasterly property line of the grzurtors

2)

Extending along the southeasterly property lure of the grantors South 35 degrees 17 minutes
09 seconds WesI,4I0 feet to a point on the southrn¡esterly Required I{i¡;ht-of-Way Line of
West Pothouse Road (S.R. I036)

3)

Extending along the southwesterly Required Iìight-of-Way Line of West Pothouse Road
(S.R. 1036), North 56 degrees 54 minutes 24 seconds West, 200.57 feet to a point on the
southwesterly PennDOT Legal Right-of-Way line of West Pothouse Road (S.R' 1036)

4)

Extending along the southwesterly PennDOT Legal Right-of-Way line of West Pothouse
Road (S.R. 1036) North 36 degrees 00 minutes 33 seconds East,17.37 feet to the
southwesterly PennDO'I' Legal Right-of-Way Line of West Pothouse Iìoad, the point and
place of beginning.

Containing 2,2L0 square feet, or 0.051 acres.
Ì:\enB\813282\dwB\Exhjbits\t€galDessiPtions\StoveshoPì'roPert)'le8¿lDessiPtion

lìOWclod

Corporate Headqt¡arters: Fort Washington, Pennsytvania
Serving the East Coast

from

1

I

offíces throughout the Mid-Attantic, l'lew EngIand. and Florjda