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."