*Certified Civil Tria lAdvocate by NationalBoard of Trial Advocacy("A PA Supreme CourtApproved Agency")

KINGSPRYAugust 14, 201 4

Cynthia H . Biedenkopf, City Cler kCity of Bethlehem10 E. Church Stree tBethlehem, PA 1801 8

RE:

Vacation of Portion of Tenth Avenue Right-of-Wa y

Dear Ms . Biedenkopf :

This office serves as Solicitor to the Bethlehem Area School District and is presentingthis Petition on behalf of the Bethlehem Area School District . The Bethlehem Area Schoo lDistrict hereby petitions the City Council of the City of Bethlehem to vacate that portion ofTenth Avenue located north of Genoa Street and South of the Route 378 Spur Route withi nCity of Bethlehem. The portion of the road to be vacated has never been opened an dcurrently crosses the playing fields utilized by the Nitschmann Middle School . The strip ofland in question is approximately 490 feet in length, 70 feet in wide, and in 34,526 square feetin area . The exact legal description for the property to be vacated is attached hereto, as is acopy of the map depicting that portion of Tenth Avenue to be vacated.

The Bethlehem Area School District is the owner of all property on both sides of theabove described portion of Tenth Avenue. The sewer line which is currently located withi nthe right-of-way will be relocated and abandoned . The Bethlehem Area School District wil lprovide easements, as necessary, to the City of Bethlehem to permit the relocation of th esanitary sewer line .

As noted above, this portion of Tenth Avenue has never been opened and is currentlyused as playing fields for the Nitschmann Middle School . The Nitschmann Middle School wil lbe built on a portion of this section of Tenth Avenue that is being vacated, so that vacation ofthe road is necessary for this reason .

The required Affidavit of Ownership has been executed and is attached to this letter ,together with the metes and bounds legal description and the above-referenced map .

Sincerely yours ,

KI , SP' , -~ : RM N, FREUND & FAUL, LL C

Te

. Faul , Esquire

TLF/smEnclosurescc: Bethlehem Area School Distric t

KING, SPRY, HERMAN, FREUND & FAUL, LLC • ATTORNEYS & COUNSELORS AT LAWONE WEST BROAD STREET • SUITE 700 • BETHLEHEM, PA 18018 • TEL : 610-332-0390 • FAX: 610-332-031 4

ALLENTOWN V BETHLEHEM V STROUDSBUR G

{00163448}

www.kingspry.com

JEROME B. FRAN KDONALD F . SPRY I IDOMENIC P . SBROCCH IKIRBY G. UPRIGHT, LLM, CP AKENT H . HERMA NTERENCE L . FAU LJOHN E . FREUND, II IJEFFREY T. TUCKE RGLENNA M . HAZELTIN EJAMES F. SWARTZ, o rKEVIN C . REIDPAUL S . FRANKBRIAN J . TAYLO RMICHAEL A. GAU LELIZABETH M . KELLYELLEN C. SCHURDA KKRISTINE RODDICKREBECCA A . YOUN GDOROTA GASIENICA-KOZA KTIMOTHY E . GILSBAC HJESSICA F. MOYERLUCAS J. REPKAERIN D. GILSBAC HCATHERINE L. STEHLI NAVERY E . SMIT HKEELY J . COLLIN SKARLEY BIGGS SEBIAJONATHAN M . HUERTA

OF COUNSEL :E. DRUMMOND KIN GJAMES J. RAVELLE, Ph.D., JD.PAUL K. BLUN TKATHLEEN CONN, Ph.D ., JD., LLM

AFFILIATED WITH:WEISS BURKARDT KRAMER, LLCPITTSBURGH, PA 15219

COMMONWEALTH OF PENNSYLVANIA: SS.

COUNTY OF NORTHAMPTO N

I, Mark Stein, Director of Facilities and Operations for the Bethlehem Are aSchool District in Bethlehem, Pennsylvania, being duly sworn according to law an dacting in my capacity as the Director of Facilities and Operations for the School District ,depose and say that the Bethlehem Area School District is the true and lawful owner o fthe property located on both sides of that portion of Tenth Avenue located North o fGenoa Street and South of the Routes 387 Spur Route as described in the Petitio nsubmitted to the City Clerk Office to which this is attached .

..�- -`Mar

tein, Director of Facilitie sand Operations – Bethlehem AreaSchool District

tSworn and subscribed to m ehi14th day of August, 2014 .■

t . ►

COMMONWEALTH OF PENNSYLVANIANotarial Sea l

Patricia A. Yetter, Notary Publi cCity of Bethlehem, Northampton CountyMy Commission Expires April 28, 201 7

MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIE S

{00163521}

T00 erraformEngineering, LLC

METES AND BOUNDS DESCRIPTIO NTENTH AVENUE RIGHT OF WAY

BETWEEN GENOA STREET AND SPUR ROUTE (SR 0378 )TO BE VACATED BY THE CITY OF BETHLEHEM

CITY OF BETHLEHEM, COUNTY OF LEHIGHPENNSYLVANIA

ALL THAT CERTAIN tract of land situated in the City of Bethlehem, County o fLehigh and State of Pennsylvania, bounded and described as follows to wit:

BEGINNING at a corner, said corner situated along the existing northerly Righ tOf Way of Genoa Street (20 feet wide) and the common property line of N/F B .Braun Medical, Inc. and N/F Bethlehem Area School District, marked by a spikeset, thence along the easterly property line of N/F B . Braun Medical, Inc ., North00° 23' 25" West for a distance of 31 .01 feet, marked by a concrete monument ;thence along the proposed northerly Right Of Way of Genoa Street (51 feet wide) ,North 89° 36' 35" East for a distance of 185 .09 feet, as the Point and Place o fBEGINNING, thence ;

1) Through the lands of N/F Bethlehem Area School District, North 00° 23 ' 25"West for a distance of 488.24 feet to a point along the southerly Right O fWay of Spur Route 378 (SR 0378) (A limited access highway) to a point ,thence ;

2) Along the southerly Right of Way of Spur Route 378 (SR 0378) along a curv eto the right having a radius of 270 feet for an arc distance of 70 .54 feet witha course bearing North 83° 58' 53" East, and a chord distance of 70 .34 feetto a point, thence ;

3) Through the lands of N/F Bethlehem Area School District, South 00° 23 ' 25"East for a distance of 495 .13 feet to a point along the northerly Right O fWay of Genoa Street (51 feet wide) to a point, thence ;

4) Along the existing northerly Right Of Way of Genoa Street (51 feet wide) ,South 89° 36 ' 35" West, for a distance of 70 .00 feet to the Point and Placeof BEGINNING ;

CONTAINING : 34,526 square feet or 0 .104 acres of land, more or less .

Said property subject to any easements, restrictions, covenants of record, an drights-of-way as contained within the chain of title of said deed of record .

Phone : (484) 895-4632 Fax : (484) 895-463 3One East Broad Street, Suite 330 Bethlehem, PA 1801 8

www.terraformengineering .com

Nitschmann Middle School - Bethlehem Area School DistrictTenth Avenue Vacation Metes & Bounds Descriptio nAugust 13, 2014Page 2

Bearings for this description refer to a map entitled "Nitschmann Middle Schoo lRight Of Way Vacation Plan, City of Bethlehem, Lehigh County, Pennsylvania ",dated August 13, 2014 . Prepared by Terraform Engineering, LLC, One East Broa dStreet, Suite 330, Bethlehem, Pennsylvania 1801 8

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