Item 51: Photostat of a Land deed from “The Pennsylvania Coal Company” to the “Pittston Street Car Company”, with Research Memo (Removed to Legal Box #2), 1894 May 1
Item — Box: 15, Folder: 106
Dates
- Created: 1894 May 1
Creator
- The Pennsylvania Coal Company (Organization)
Disclaimer for Name and Subject Authorities
Some of the name and subject authority tags have been assigned by educated guessing and estimation of persons and subjects by region, age, profession, and familial relationships. They have been thoroughly researched by using primary and secondary sources available digitally, and named in each description, or in some cases linked directly to the person tag.
Access:
All series and subseries within this collection are open for research, with the exception of a few files within the Academia series that are restricted. The Academia series contains financial and sensitive institutional records from Wilkes College, and financial report records from Princeton University that will remain restricted for 80 years upon creation.
Extent
1 items
Language of Materials
From the Collection: English
Type of Material:
Land Deed
General Description:
Good
Measurement:
14 in. x 8 ¼ in
Description:
The following item dated May 1, 1849, depicts a land deed between the Pennsylvania Coal Company and the Pittston Street Car Company. In the deed, the Pennsylvania Coal company is selling a section of land between Jenkins and Plains townships for a right of way for a street car. The sale is for $1,200.00, and the area is described in detail with field notes and coordinate directionals for the boundaries of the sale. These notes explain that the route will span from Pittston to Wilkes Barre, with the southerly end reaching the village of Port Griffith, and in other points of the survey, notes that the lands will abut those owned by other companies, such as the Lehigh Rail Road Company, Delaware and Hudson Canal Company, or the Erie and Wyoming Valley Rail Road Company. The final sections of the deed explain the transfer and profits of the land between the two companies, and guarantees the protection of the sale and tract from any other claim that might come against the Pittston Street Car Company, but likewise, there is a note of the company’s responsibility of the maintenance and safety of the tracks in question. The deed is witnessed by A. D. Schurmurham, and signed by presidents E. H. Mead and John Welles Hollenback, and attested to by secretaries W. E. Street and C. J. Swan.
Location:
Jenkins / Plains, PA
Transcription Attempt:
The Pennsylvania Coal Company }
To }
The Pittston Street Car Company }
This Indenture made this first day of May A.D. 1894. Between The corporation of the state of Pennsylvania of the first part hereinafter called the grantor and The Pittston Street Car Company also a corporation of the said state of the second part hereinafter called the grantee. Witnesseth that the grantor for and in consideration of the sum of Twelve hundred dollars ($1200.00) lawful money of the United States of America to it in hand well and truly paid by the grantee at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath granted and released and doth hereby grant and release unto the grantee its successors and assigns That certain right of way for a Street car railway partly in the Township of Plains and partly in the Township of Jenkins Luzerne County Pennsylvania and described as follows: Beginning in the center of the main road leading from Pittston to Wilkes Barre near the southerly end of the village of Port Griffith opposite the residence of Patrick Murphy, thence at 22 o over to the right for 26.8 feet thence along the Easterly side of the present road S[outh] 79 o 31o W[est] 393.6 feet thence by a 6o curve to the left for 129.4 feet thence S[outh]71o 40o W[est] 126 feet to a point where the said public road crosses the Lehigh Valley Railroad near the Hoyt Shaft. The said Pittston Street Car Company occupying fifteen feet of the Pennsylvania Coal Company land on the Easterly side of the abovedescribed center line from the beginning to this point Thence through the lands of the Pennsylvania Coal Company for a fourteen degree curve to the left for 100.4 feet to a point fifteen feet distant at right angles from the aforesaid Lehigh Rail Road Companys right of way thence parally (sic) [parallel] with andfullen(?) cut from said right of way S[outh] 54o 54o W[est] 1550 +feet, thence by a four degree curve to the left for 91.4 feet thence S[outh] 51o 14o W[est] 309.6 feet thence by a four degree curve to the left for 175 feet thence S 44o 14o W[est] crossing the track connecting the Lehigh
Page 2: Valley Rail Road and the Erie and Wyoming Valley RailRoad 208.4 feet thence by a 4 curve to the left for 108.2 feet thence s 39° 54° W.339.1 feet to the road near Port Blanchard Station. Thence crossing said road by a 1° curve to the left for 133.4 feet. thence s.38° 34° W. 487.9 feet, thence by a 14° curve to the right for 305.4 feet passing through the southeasterly corner of the Blanchard estate (not owned by the Grantor) thence s[outh]. 81° 20° W. 596.5 feet thence by an 8° curve to the left for 330.1 feet to a point opposite the Pennsylvania Coal Company’s breaker No. 24. and also being fifteen feet distant from the Lehigh Valley RailRoad Companys right of way thence parally (sic) [Parallel] with and fifteen feet from said right of way s[outh]. 54° 55° W 328.4 feet thence by a 10°curve to the left for 97.5 feet thence s[outh]. 45° 10° W[est]. 177.5 feet thence by a 10° curve to the right for 100 feet thence 15 feet from and along the Easterly side of the before mentioned public road s[outh] 55° 10 W[est]. 1101 feet thence by a curve to the left with a radius of 87 feet for 130.4 feet to and in the Saylor-road. thence across the said road s[outh]. 31°04 E[ast].18.6 feet to the line between Plains and Jenkins Township and line of lands of the Delaware and Hudson Canal Company. The above described center line passes through certified lots Nos [numbers] 8.7.6.5 and 4 of the first division of the certified Township of Pittston now Jenkins Township. Thence passing through the lands of the Delaware and Hudson Canal Company not owned by the Grantor) being certified lot no 3 and as part of no 2 to line of other lands of the said Pennsylvania Coal Company thence through said Pennsylvania Coal Company’s lands by a 4° curve to the left for 405 feet, thence S[outh]. 32° 35° W[est]. 274. 6 feet thence crossing a small run by a 4° curve to the right for 339.8 feet thence S[outh] 46° 11° W[est].726.7 feet thence by a curve to the right with radius of 150 feet for 52.7 feet thence S[outh]. 66°21° W[est] 246.2 feet thence by a 4° curve to the left for 33.8 feet thence S[outh]. 66°21° W[est] 246.2 Feet. thence by a 4° curve to the left for 33.8 feet thence S[outh].65° W[est] 262 feet thence by a 3° curve to the right for 913 feet to the center of the first mentioned public road leading to Wilkes-Barre near where it crosses the canal below the village of Plainsville The said last mentioned right of way after leaving the Delaware and Hudson Canal Company’s land being through certified lots No 2 and 1 of the first division certified Pittston and lot No 28 of the certified Township of Wilkes-Barre now Plains. The said right of way being fifteen feet on each side of the line as herein described containing about 6.85 acres to the same more or less. The same being shown upon the map hereto attached which is made apart of this Indenture said right of way not to exceed thirty feet in width. Together with the appurtenances To have and to hold the said described right of way with the appurtenances with the grantee its successors and assigns, for it and their use and behoof for and during such time as the same shall be used for a right of way for a Street railway as aforesaid. All the coal and other minerals in under and upon the said right of way are hereby excepted and reserved unto the Grantor its successors and assigns with the unqualified right to mine and removed to the same and the grantors, its successors and assigns shall in no event be liable to the grantee its successors and assigns for any injury that may be done to said right of way or the improvement now or hereafter erected thereon by reason of the mining or removal of said coal and other minerals or of anything that may occur in connection with such mining or of the failure of vertical or literal support for the said premises All liabilities(?) for anything that may occur as aforesaid being hereby ex[unfinished; expressly]
Page 3: [expr]essly waived and released It is hereby covenated and agreed that the grantee shall build and maintain fences along the right of way aforesaid at such point or points as the grantee may it the present time or in the future direct It is hereby convenated and agreed that the grantor shall have the right to alter the location or position of the track or tracks of the grantee and relocation the same in case such attraction shall be needed by the grantor in a future location of its own railroad tracks or of the railroad tracks of its carrying company to wit the Erie and Wyoming Valley Railroad Company. It is hereby covenated and agreed that the grantee shall construct and maintain in first class condition all grade crossing upon the right of way hereby granted where its railway shall now or in the future cross any present or future track or tracks of the grantee or its said carrying company the Erie and Wyoming Valley Rail Road Company such crossings to be of the most approved pattern the same to be first approved by the grantor before constructed and the grantee shall when Flagmen or gates shall behere(?) fully required at such crossings by the municipal authorities having police control thereof maintain such flagman or gates and the care of the grantee shall upon approaching such crossings come to a full stop and the conductor shall go to the front of the car to cross before the car shall proceed: the trains of the grantor or of its said carrying company to have the right of way at all times at said crossing over the cars of the grantee: the grantee in the event of a change of grade of the tracks of the grantor or of its said carrying company shall alter at its own expense(?) the tracks grade so as to conform with the changes made by the grantor that the elevated were of the grantee at such crossings shall be so strung and anchored as to produce the danger of sagging and falling to a minimum and the said were shall be elevated at least twenty feet and six inches about the top of the rates of the grantor or of its said carrying company. All and singular of the covenant and agreements herein contained shall relate(?) and apply to the parties hereto their respective successors and assigns In Witness Whereof the parties hereto have caused their respective corporate stats to be affixed hereto duly attested by the signatures of these respective Presidents and Secretaries. Dated the day and year first above written In presence of The Pennsylvania Coal Company A. D. Schurmurham | by E. H. Mead President | attest W. E. Street Secretary by J.W. Hollenback President Attest C. J. Swan Secretary
This Indenture made this first day of May A.D. 1894. Between The corporation of the state of Pennsylvania of the first part hereinafter called the grantor and The Pittston Street Car Company also a corporation of the said state of the second part hereinafter called the grantee. Witnesseth that the grantor for and in consideration of the sum of Twelve hundred dollars ($1200.00) lawful money of the United States of America to it in hand well and truly paid by the grantee at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath granted and released and doth hereby grant and release unto the grantee its successors and assigns That certain right of way for a Street car railway partly in the Township of Plains and partly in the Township of Jenkins Luzerne County Pennsylvania and described as follows: Beginning in the center of the main road leading from Pittston to Wilkes Barre near the southerly end of the village of Port Griffith opposite the residence of Patrick Murphy, thence at 22 o over to the right for 26.8 feet thence along the Easterly side of the present road S[outh] 79 o 31o W[est] 393.6 feet thence by a 6o curve to the left for 129.4 feet thence S[outh]71o 40o W[est] 126 feet to a point where the said public road crosses the Lehigh Valley Railroad near the Hoyt Shaft. The said Pittston Street Car Company occupying fifteen feet of the Pennsylvania Coal Company land on the Easterly side of the abovedescribed center line from the beginning to this point Thence through the lands of the Pennsylvania Coal Company for a fourteen degree curve to the left for 100.4 feet to a point fifteen feet distant at right angles from the aforesaid Lehigh Rail Road Companys right of way thence parally (sic) [parallel] with andfullen(?) cut from said right of way S[outh] 54o 54o W[est] 1550 +feet, thence by a four degree curve to the left for 91.4 feet thence S[outh] 51o 14o W[est] 309.6 feet thence by a four degree curve to the left for 175 feet thence S 44o 14o W[est] crossing the track connecting the Lehigh
Page 2: Valley Rail Road and the Erie and Wyoming Valley RailRoad 208.4 feet thence by a 4 curve to the left for 108.2 feet thence s 39° 54° W.339.1 feet to the road near Port Blanchard Station. Thence crossing said road by a 1° curve to the left for 133.4 feet. thence s.38° 34° W. 487.9 feet, thence by a 14° curve to the right for 305.4 feet passing through the southeasterly corner of the Blanchard estate (not owned by the Grantor) thence s[outh]. 81° 20° W. 596.5 feet thence by an 8° curve to the left for 330.1 feet to a point opposite the Pennsylvania Coal Company’s breaker No. 24. and also being fifteen feet distant from the Lehigh Valley RailRoad Companys right of way thence parally (sic) [Parallel] with and fifteen feet from said right of way s[outh]. 54° 55° W 328.4 feet thence by a 10°curve to the left for 97.5 feet thence s[outh]. 45° 10° W[est]. 177.5 feet thence by a 10° curve to the right for 100 feet thence 15 feet from and along the Easterly side of the before mentioned public road s[outh] 55° 10 W[est]. 1101 feet thence by a curve to the left with a radius of 87 feet for 130.4 feet to and in the Saylor-road. thence across the said road s[outh]. 31°04 E[ast].18.6 feet to the line between Plains and Jenkins Township and line of lands of the Delaware and Hudson Canal Company. The above described center line passes through certified lots Nos [numbers] 8.7.6.5 and 4 of the first division of the certified Township of Pittston now Jenkins Township. Thence passing through the lands of the Delaware and Hudson Canal Company not owned by the Grantor) being certified lot no 3 and as part of no 2 to line of other lands of the said Pennsylvania Coal Company thence through said Pennsylvania Coal Company’s lands by a 4° curve to the left for 405 feet, thence S[outh]. 32° 35° W[est]. 274. 6 feet thence crossing a small run by a 4° curve to the right for 339.8 feet thence S[outh] 46° 11° W[est].726.7 feet thence by a curve to the right with radius of 150 feet for 52.7 feet thence S[outh]. 66°21° W[est] 246.2 feet thence by a 4° curve to the left for 33.8 feet thence S[outh]. 66°21° W[est] 246.2 Feet. thence by a 4° curve to the left for 33.8 feet thence S[outh].65° W[est] 262 feet thence by a 3° curve to the right for 913 feet to the center of the first mentioned public road leading to Wilkes-Barre near where it crosses the canal below the village of Plainsville The said last mentioned right of way after leaving the Delaware and Hudson Canal Company’s land being through certified lots No 2 and 1 of the first division certified Pittston and lot No 28 of the certified Township of Wilkes-Barre now Plains. The said right of way being fifteen feet on each side of the line as herein described containing about 6.85 acres to the same more or less. The same being shown upon the map hereto attached which is made apart of this Indenture said right of way not to exceed thirty feet in width. Together with the appurtenances To have and to hold the said described right of way with the appurtenances with the grantee its successors and assigns, for it and their use and behoof for and during such time as the same shall be used for a right of way for a Street railway as aforesaid. All the coal and other minerals in under and upon the said right of way are hereby excepted and reserved unto the Grantor its successors and assigns with the unqualified right to mine and removed to the same and the grantors, its successors and assigns shall in no event be liable to the grantee its successors and assigns for any injury that may be done to said right of way or the improvement now or hereafter erected thereon by reason of the mining or removal of said coal and other minerals or of anything that may occur in connection with such mining or of the failure of vertical or literal support for the said premises All liabilities(?) for anything that may occur as aforesaid being hereby ex[unfinished; expressly]
Page 3: [expr]essly waived and released It is hereby covenated and agreed that the grantee shall build and maintain fences along the right of way aforesaid at such point or points as the grantee may it the present time or in the future direct It is hereby convenated and agreed that the grantor shall have the right to alter the location or position of the track or tracks of the grantee and relocation the same in case such attraction shall be needed by the grantor in a future location of its own railroad tracks or of the railroad tracks of its carrying company to wit the Erie and Wyoming Valley Railroad Company. It is hereby covenated and agreed that the grantee shall construct and maintain in first class condition all grade crossing upon the right of way hereby granted where its railway shall now or in the future cross any present or future track or tracks of the grantee or its said carrying company the Erie and Wyoming Valley Rail Road Company such crossings to be of the most approved pattern the same to be first approved by the grantor before constructed and the grantee shall when Flagmen or gates shall behere(?) fully required at such crossings by the municipal authorities having police control thereof maintain such flagman or gates and the care of the grantee shall upon approaching such crossings come to a full stop and the conductor shall go to the front of the car to cross before the car shall proceed: the trains of the grantor or of its said carrying company to have the right of way at all times at said crossing over the cars of the grantee: the grantee in the event of a change of grade of the tracks of the grantor or of its said carrying company shall alter at its own expense(?) the tracks grade so as to conform with the changes made by the grantor that the elevated were of the grantee at such crossings shall be so strung and anchored as to produce the danger of sagging and falling to a minimum and the said were shall be elevated at least twenty feet and six inches about the top of the rates of the grantor or of its said carrying company. All and singular of the covenant and agreements herein contained shall relate(?) and apply to the parties hereto their respective successors and assigns In Witness Whereof the parties hereto have caused their respective corporate stats to be affixed hereto duly attested by the signatures of these respective Presidents and Secretaries. Dated the day and year first above written In presence of The Pennsylvania Coal Company A. D. Schurmurham | by E. H. Mead President | attest W. E. Street Secretary by J.W. Hollenback President Attest C. J. Swan Secretary
Creator
- The Pennsylvania Coal Company (Organization)
Repository Details
Part of the Wilkes University Archives Repository
Contact:
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu