WHO OWNS THE "WATER LOT"?
The subject of "who owns the water lot"
and the eight "Public Squares of Beaver" has come up
often in the 170-year history of the town. The following interesting
letter constitutes the findings of Clyde Holt, Jr., Solicitor
for the Borough of Beaver, dated September 18, 1963, at the request
of Lyle Kimple, Borough Manager: -
"I was requested to determine the title to the water lot
located in the vicinity of Fifth and Wayne Street in the Borough
of Beaver.
Originally all of the land was owned by the State of Pennsylvania.
On September 30, 1791, Legislature passed an act directing the
Surveyor General to lay out 200 acres of land in town lots, on
or near the gr-lund where the old French Town stood, and also
to lay out 1000 acres adjoining, all of which was to be nearly
square as could be, but provided the Governor should reserve out
of the lots of the said town, so much land as he should deem necessary
for public uses. The Governor was authorized to sell one-half
of the town lots, and all of the outlots, excepting again, however,
such as shall be reserved for public uses. This Act also designated
the streets, lands and alleys, in the plan, as common highways
forever.
This was the first Act of Assembly providing for the laying out
of the Town of Beaver and the adjoining outlots.
In 1805 the Legislature again passed an act directing sale of
certain of these town lots of the Town of Beaver, and other land
adjacent thereto. John Lawrence, of the Borough of Beaver, Samuel
Wilson and David Potter of the County of Beaver, were empowered
and directed to sell at public sale, on or before the second Wednesday
of June, 1805, one-fourth of the town lots as mentioned in these
two Acts of Legislature, excepting those heretofore reserved for
public uses. This Act of Assembly set up the procedure for the
sale, and the purchaser had about 3 years to pay the purchase
price, and after the purchase price was paid, the State granted
a patent on these lots and the patents are the first official
records of the first title holders for these town lots, and adjoining
lots.
In 1835 another act of the legislature was passed, and directed
by Jameson Lyon, Benjamin Adams and James Eakin, I presume of
the Borough of Beaver, all of the County of Beaver, to sell at
public sale in the Borough of Beaver, on September 1, 1836, and
continue thereafter until all of these remaining lots should be
sold, excepting again, however, those lots heretofore reserved
for public uses.
This Act specified that the proceeds of the sale of these remaining
lots was granted to the Borough of Beaver for the purpose of supplying
the Borough with water.
These Acts specified that certain plans should
be drawn, and the only plans I can find are on record in the Recorder's
Office, and these plans show the water lot, and the public parks,
and no doubt, these are the tracts that were reserved for public
uses, as above specified in the Acts of the Legislature. In all
probability, this was probably the origination of our present
water system, or at any rate it is probably where the money first
came from to start our water system.
I am satisfied the Borough never had a deed for the water lot,
nor could the Borough sell any of this water lot, without a special
Act of the Legislature authorizing and directing the sale, and
providing for the procedure of the sale."