PRINTER'S NO. 2158
No. 1807 Session of 1993
INTRODUCED BY FEE, JUNE 16, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 1993
AN ACT
1 Authorizing and directing the Pennsylvania Fish and Boat
2 Commission to convey and exchange Project 70 tracts of land
3 in Lawrence and Northampton Counties under certain
4 conditions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. (a) Pursuant to the requirements of section
8 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
9 known as the Project 70 Land Acquisition and Borrowing Act, the
10 General Assembly authorizes the Pennsylvania Fish and Boat
11 Commission to exchange 6.694 acres of land, more or less, in
12 Bessemer and North Beaver Township, Lawrence County, hereinafter
13 described as Tract No. 1, at the project known as Bessemer
14 Quarry Lakes, to Saint Anthony's Church for use as part of its
15 cemetery in consideration of the transfer of 10.627 acres of
16 land, more or less, in North Beaver Township, Lawrence County,
17 hereinafter described as Tract No. 2, to the Pennsylvania Fish
18 and Boat Commission, which parcel would give the commission
1 control of the upper end of the Bessemer Quarry Lakes project.
2 (b) The commission shall transfer Tract No. 1 to Saint
3 Anthony's Church free from the restrictions on use and
4 alienation prescribed by section 20 of the Project 70 Land
5 Acquisition and Borrowing Act, subject however to all easements
6 of record, upon:
7 (1) The execution and filing of a general warranty deed
8 transferring Tract No. 2 to the Commonwealth of Pennsylvania
9 for use by the Pennsylvania Fish and Boat Commission with
10 good and marketable title, satisfactory to the Fish and Boat
11 Commission; and
12 (2) The execution and filing of a deed transferring
13 Tract No. 1 from the Commonwealth of Pennsylvania, for use by
14 the Pennsylvania Fish and Boat Commission, to Saint Anthony's
15 Church.
16 (c) The deed of conveyance from the Pennsylvania Fish and
17 Boat Commission to Saint Anthony's Church shall be executed by
18 the Executive Director of the Pennsylvania Fish and Boat
19 Commission in the name of the Commonwealth of Pennsylvania for
20 use by the Pennsylvania Fish and Boat Commission and shall be
21 approved for legality and form by the Chief Counsel of the
22 Pennsylvania Fish and Boat Commission and the Office of Attorney
23 General.
24 (d) When Tract No. 2 is conveyed to the Commonwealth of
25 Pennsylvania for use by the Pennsylvania Fish and Boat
26 Commission, it shall be subject to the restrictions on use and
27 alienation prescribed by section 20 of the Project 70 Land
28 Acquisition and Borrowing Act.
29 (e) Tract No. 1 is more particularly bounded and described
30 as follows:
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1 Tract No. 1
2 Beginning at an iron pin at a corner of the Cunningham and
3 Jugoslav Civil Cemetery tract; thence south 89 degrees 32
4 minutes 07 seconds west 115.87 feet to an iron pin; thence by
5 the line of the Jugoslav Civil Cemetery tract south 07 minutes
6 34 seconds east 368.07 feet to a point where the tracts of the
7 Jugoslav Civil Cemetery and the Saint Anthony's Catholic Church
8 tracts intersect; thence by the line of the Saint Anthony's
9 Catholic Church south 07 minutes 24 seconds east 227.48 feet to
10 a point; thence north 88 degrees 28 minutes 30 seconds west
11 99.95 feet to a point; thence by the line of Summers south 01
12 degree 22 minutes 15 seconds east 149.90 feet to a point in the
13 right-of-way of State Route 317; thence by the center line of
14 State Route 316 north 87 degrees 40 minutes west 198.5 feet to a
15 point in the said right-of-way; thence by the line of the
16 remaining lands of the Pennsylvania Fish and Boat Commission
17 north 07 minutes 24 seconds west 999.34 feet to an iron pin;
18 thence by the line of the remaining lands of the Pennsylvania
19 Fish and Boat Commission south 87 degrees 40 minutes east 100
20 feet to an iron pin; thence by the line of the remaining lands
21 of the Pennsylvania Fish and Boat Commission south 88 degrees,
22 58 minutes 23 seconds east 193.58 feet to an iron pin at the
23 corner of the lands of the Fish and Boat Commission and the
24 Cunningham tract; thence by the line of Cunningham south 01
25 degree 02 minutes 18 seconds east 148 feet to a point; thence by
26 the line of Cunningham south 71 degrees 31 minutes 19 seconds
27 east 115.36 feet to a point; thence by the line of Cunningham
28 south 01 degree 10 minutes 08 seconds east 87.25 feet to the
29 place of beginning.
30 Containing 6.694 acres more or less and being a portion of
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1 the lands of the Commonwealth of Pennsylvania for use of the
2 Pennsylvania Fish Commission described in the deed dated
3 November 28, 1967, and recorded in Lawrence County Deed Book
4 Volume 529, Page 638. Excepting and reserving any mineral rights
5 to which the Commonwealth of Pennsylvania may hold title. And
6 under and subject to any easements of record appertaining to the
7 said Tract No. 1.
8 (f) Tract No. 2 is more particularly bounded and described
9 as follows:
10 Tract No. 2
11 Beginning at an iron pin at the corner of the D'Amico tract
12 and the Pennsylvania Fish Commission; thence by the line of the
13 Pennsylvania Fish Commission south 14 minutes 41 seconds east
14 561 feet to a point; thence south 14 minutes 41 seconds east 250
15 feet to an iron pin at the corner of the tracts of the
16 Pennsylvania Fish Commission and S.M.E. Bessemer Cement, Inc.;
17 thence by the line of S.M.E. Bessemer Cement, Inc. north 85
18 degrees 02 minutes west 100 feet to an iron pin; thence north 14
19 minutes 41 seconds east 250 feet to an iron pin thence north 85
20 degrees 02 minutes west 89 feet to an iron pin then by the line
21 of the remaining lands of S.M.E. Bessemer Cement, Inc. south 73
22 degrees 24 minutes 29 seconds west 688.44 feet to an iron pin;
23 thence north 23 degrees 18 minutes west 300 feet to an iron pin;
24 thence north 55 degrees 7 minutes east 475 feet to an iron pin;
25 thence north 61 degrees 26 minutes east 440 feet to an iron pin
26 at the corner of the tracts now or formerly of S.M.E. Bessemer
27 Cement, Inc. and D'Amico; thence by the line of D'Amico south 85
28 degrees 02 minutes east 189 feet to an iron pin the point of the
29 beginning.
30 Containing 10,627 acres being lands wholly within the
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1 boundaries of the land described in the deed recorded in
2 Lawrence County Deed Book Volume 656, Page 1029.
3 Section 2. (a) Pursuant to the requirements of section
4 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
5 known as the Project 70 Land Acquisition and Borrowing Act, the
6 General Assembly authorizes the Pennsylvania Fish and Boat
7 Commission to convey the East Entrance Access Drive at Minsi
8 Lake in Upper Mount Bethel Township, Northampton County to Upper
9 Mount Bethel Township for continued use and enjoyment of the
10 public at large and inclusion in the Upper Mount Bethel Township
11 roadway program.
12 (b) The commission shall convey the roadway tract from the
13 Commonwealth of Pennsylvania, for use by the Pennsylvania Fish
14 and Boat Commission, to Upper Mount Bethel Township free of the
15 restrictions on use and alienation prescribed by section 20 of
16 the Project 70 Land Acquisition and Borrowing Act, provided the
17 conveyance shall be subject to all easements of record and the
18 following conditions:
19 (1) If, at any time, Upper Mount Bethel Township shall
20 abandon the roadway or restrict its use in any way that it is
21 not open to free public use and enjoyment, the said roadway
22 tract shall revert to the ownership of the Commonwealth of
23 Pennsylvania for use by the Pennsylvania Fish and Boat
24 Commission.
25 (2) The Pennsylvania Fish and Boat Commission and the
26 County of Northampton shall retain at all times the
27 unrestricted right of ingress, egress and regress over the
28 said roadway tract.
29 (c) The deed of conveyance from the Pennsylvania Fish and
30 Boat Commission to Upper Mount Bethel Township shall be executed
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1 by the Executive Director of the Pennsylvania Fish and Boat
2 Commission in the name of the Commonwealth of Pennsylvania for
3 use by the Pennsylvania Fish and Boat Commission and shall be
4 approved for legality and form by the Chief Counsel of the
5 Pennsylvania Fish and Boat Commission and the Office of Attorney
6 General.
7 (d) The roadway tract to be conveyed under this section is
8 more particularly bounded and described as follows:
9 Beginning on a roadway having a width of 50 feet extending 25
10 feet on each side of the centerline except between stations 0+00
11 and 16+25 south of the centerline where the tract shall extend
12 to the line marking the boundary of the holdings of the
13 Commonwealth of Pennsylvania, for use by the Pennsylvania Fish
14 and Boat Commission and known as East Entrance Access Drive to
15 Minsi Lake, Upper Bethel Township, Northampton County, beginning
16 at the intersection of the centerline of the East Entrance
17 Access Drive and Legislative Route 48032, being Station 0+00 as
18 shown on the plan titled "Plan of Road Acquisition by Township
19 for the Extension of Township Road T-705"; thence on the
20 centerline along a curve to the right having a radius of 185.51
21 feet for an arc length of 145.17 feet to a point, Station
22 1+45.17; thence on the center line south 64 degrees 13 minutes
23 east 617.44 feet to a point, Station 7+62.61; thence on the
24 centerline along a curve to the left having a radius of 400 feet
25 for an arc length of 389.09 feet to a point, Station 11+51.7;
26 thence on the centerline along a curve to the right having a
27 radius of 280.38 feet for an arc length of 322.32 feet to a
28 point, Station 26+93.34 at which the East Entrance Access Drive
29 joins Township Road T-705.
30 Excepting and reserving to the Commonwealth of Pennsylvania
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1 for use by the Pennsylvania Fish and Boat Commission the stone
2 arch bridge carrying the East Entrance Access Drive over the
3 Minsi Lake Outlet on East Branch Martins Creek and the adjacent
4 lands necessary for the bridge's operation and maintenance.
5 And further excepting and reserving to the Pennsylvania Fish
6 and Boat Commission and the County of Northampton a perpetual
7 easement for unrestricted ingress, egress and regress at all
8 times over the said road.
9 And under and subject to the condition that the property
10 conveyed will be maintained by Upper Bethel Township for free
11 public ingress and egress to the Minsi Lake Project as the East
12 Entrance Access Drive and that should Upper Bethel Township fail
13 to so maintain the said East Entrance Access Drive the said
14 property shall revert to the ownership of the Commonwealth of
15 Pennsylvania for use by the Pennsylvania Fish and Boat
16 Commission.
17 And further under and subject to all easements of record.
18 Section 3. This act shall take effect immediately.
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