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                                                      PRINTER'S NO. 2209

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1711 Session of 2003


        INTRODUCED BY FLICK, JUNE 25, 2003

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 25, 2003

                                     AN ACT

     1  Authorizing the release of Project 70 restrictions imposed on
     2     certain lands owned by the Township of Willistown, Chester
     3     County, and imposing Project 70 restrictions on certain lands
     4     being conveyed to the township.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Authorization.
     8     Pursuant to the requirements of section 20(b) of the act of
     9  June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
    10  Land Acquisition and Borrowing Act, the General Assembly hereby
    11  authorizes the release of the restrictions imposed by section 20
    12  of the Project 70 Land Acquisition and Borrowing Act from the
    13  land owned by the Township of Willistown, Chester County, more
    14  particularly described in section 3, in exchange for the
    15  imposition of the section 20 restrictions on lands owned by
    16  Okehocking Associates, LLP., being conveyed to the Township of
    17  Willistown, and more particularly described in section 4.
    18  Section 2.  Freedom of restrictions.


     1     The land described in section 3, owned by the Township of
     2  Willistown, shall be free of the restrictions on use and
     3  alienation imposed by section 20 of the act of June 22, 1964
     4  (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
     5  Acquisition and Borrowing Act, upon the imposition of and
     6  recording of the Project 70 deed restrictions set forth in
     7  section 5 on the parcel of replacement land owned by Okehocking
     8  Associates, LLP., and being conveyed to the Township of
     9  Willistown, described in section 4.
    10  Section 3.  Land to be free from restrictions.
    11     The parcel of land authorized to be released from
    12  restrictions is located in the Township of Willistown, Chester
    13  County, and more particularly described as follows:
    14     All that certain 25.375 acre tract situate in the Township of
    15  Willistown, County of Chester, Commonwealth of Pennsylvania
    16  bounded and described in accordance with a survey plan made for
    17  Willistown Township, dated February 27, 2002, by Yerkes
    18  Associates, Inc., West Chester Pennsylvania and being more
    19  particularly described as follows; to wit:
    20  Beginning at a point in the northerly side of the bed of
    21  Providence Road (variable width) in line of lands of the Richard
    22  G. White and Joan King subdivision (recorded plan number 12780);
    23  thence extending within the bed of Providence Road, north 83
    24  degrees 44 minutes 17 seconds west, 140.34 feet to a point;
    25  thence extending along same, north 73 degrees 07 minutes 50
    26  seconds west, 206.92 feet to a point, a corner of lands of
    27  Leonard Andrews; thence extending along said lands, north 16
    28  degrees 33 minutes 34 seconds east, crossing a pipe found at the
    29  distance of 23.16 feet and a concrete monument set at the
    30  distance of 30.00 feet the total distance of 305.16 feet to a
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     1  concrete monument found; thence extending along said lands of
     2  Andrews and lands of Leonard E. B. Andrews, north 73 degrees 07
     3  minutes 50 seconds west, 259.08 feet to a concrete monument
     4  found; thence extending along lands of John C. and Margaret R.
     5  Nagy, north 22 degrees 25 minutes 00 seconds west, 540.80 feet
     6  to a concrete monument found; thence extending by same north 21
     7  degrees 28 minutes 00 seconds west, 251.04 feet to a concrete
     8  monument found on the southerly side of Spring Road (variable
     9  width); thence extending along said Spring Road, north 32
    10  degrees 41 minutes 40 seconds east, 199.22 feet to a concrete
    11  monument set in line of lands of Richard and Mary M. Mang;
    12  thence extending along said lands of Mang, south 52 degrees 06
    13  minutes 20 seconds east, 325.00 feet to a concrete monument set;
    14  thence extending by same, north 77 degrees 31 minutes 10 seconds
    15  east, 303.93 feet to a concrete monument set; thence extending
    16  along lands of Patrica A. Torna and Ronald Disimone, north 37
    17  degrees 53 minutes 40 seconds east, 750.00 feet to a concrete
    18  monument found; thence extending by same, north 52 degrees 06
    19  minutes 20 seconds west, 30.74 feet to a concrete monument
    20  found; thence extending along lands of Arno M. and Isobel W.
    21  Meyer, north 75 degrees 06 minutes 00 seconds east, 430.06 feet
    22  to a concrete monument set; thence extending by same, south 56
    23  degrees 54 minutes 00 seconds east, 344.55 feet to a concrete
    24  monument set in line of lands of Richard A. and Afra Barlow, a
    25  portion of Bentley Construction Corp., Inc., recorded
    26  subdivision plan number 6699; thence extending along said lands
    27  of Barlow and various lot owners of the Richard G. White and
    28  Joan King subdivision, recorded plant number 12780, south 51
    29  degrees 42 minutes 17 seconds west, 1211.03 feet to a concrete
    30  monument found; thence extending along said recorded plan number
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     1  12780, south 03 degrees 08 minutes 20 seconds west, the total
     2  distance of 994.48 feet to the first mentioned point and place
     3  of beginning, having crossed a concrete monument at the distance
     4  of 14.28 feet and 19.22 feet from said point and place of
     5  beginning. Containing: twenty-five and three hundred seventy-
     6  five one-thousandths of an acre (25.375 acres). Being UPI number
     7  54-6-9.6.
     8     A majority of this property shall continue to be protected by
     9  conservation easements as set forth in section 6 of this act.
    10  Section 4.  Land on which restrictions are to be imposed.
    11     The replacement parcel to be subject to restrictions in
    12  exchange for the parcel described in section 3 is located in the
    13  Township of Willistown, Chester County, and more particularly
    14  described as follows:
    15     All that certain parcel of land situate in Willistown
    16  Township, Chester County, Pennsylvania, being shown as parcel A-
    17  2 on exhibit A for Okehocking Associates dated October 3, 2002
    18  by Chester Valley Engineers, Inc., Paoli, Pennsylvania, and
    19  being more fully described as follows:
    20  Beginning at the southerly corner in common of parcel A-1 and
    21  parcel A-2 on the northerly legal right of way line of West
    22  Chester Pike-S.R. 0003, variable width; thence from the point of
    23  beginning, leaving said right of way line, along parcel A-1,
    24  north 07 degrees 50 minutes 08 seconds west 751.73 feet to a
    25  point on line of parcel 2; thence along parcel 2, north 68
    26  degrees 21 minutes 06 seconds east 658.26 feet to a corner of
    27  parcel B; thence along parcel B, south 21 degrees 38 minutes 54
    28  seconds east 789.99 feet to a point on the northerly legal right
    29  of way line of West Chester Pike, aforesaid; thence along said
    30  right of way line, the following thirteen (13) courses and
    20030H1711B2209                  - 4 -     

     1  distances: (1)  south 68 degrees 21 minutes 06 seconds west
     2  137.74 feet; (2)  south 85 degrees 03 minutes 03 seconds west
     3  52.20 feet; (3)  south 62 degrees 38 minutes 28 seconds west
     4  50.25 feet; (4)  south 68 degrees 21 minutes 06 seconds west
     5  150.00 feet; (5)  south 57 degrees 02 minutes 30 seconds west
     6  50.99 feet; (6)  south 74 degrees 03 minutes 44 seconds west
     7  50.25 feet; (7)  south 85 degrees 03 minutes 03 seconds west
     8  52.20 feet; (8)  north 80 degrees 41 minutes 05 seconds west
     9  58.31 feet; (9)  south 74 degrees 03 minutes 44 seconds west
    10  50.25 feet; (10)  south 68 degrees 21 minutes 06 seconds west
    11  50.00 feet; (11)  south 79 degrees 39 minutes 42 seconds west
    12  50.99 feet; (12)  south 57 degrees 02 minutes 30 seconds west
    13  50.99 feet; (13)  south 74 degrees 03 minutes 44 seconds west
    14  50.25 feet to the point of beginning, and containing 13.241
    15  acres of land. Being UPI number 54-8-14.2A.
    16  Section 5.  Description of deed restriction.
    17     The deed restriction to be transferred to the parcel
    18  described in section 4 shall read as follows:
    19         This indenture is given to provide land for recreation,
    20         conservation and historical purposes as said purposes are
    21         defined in the act of June 22, 1964 (Sp.Sess., P.L.131,
    22         No.8), known as the Project 70 Land Acquisition and
    23         Borrowing Act.
    24  Section 6.  Conservation easement.
    25     Conservation easements shall be placed on at least 15 acres
    26  of the parcel authorized to be released from restrictions
    27  imposed by section 20 of the act of June 22, 1964 (Sp.Sess.,
    28  P.L. 131, No. 8), known as the Project 70 Land Acquisition and
    29  Borrowing Act and described in section 3. The conservation
    30  easements shall include provisions for no residential or
    20030H1711B2209                  - 5 -     

     1  commercial development and for the protection of natural
     2  resources and important habitat. Further, the easements shall
     3  allow for public access, a trail easement corridor and
     4  recreational uses.
     5  Section 7.  Proceeds from sale of property.
     6     Proceeds from the sale of any portion of that certain parcel
     7  owned by the Township of Willistown, Chester County, and
     8  described in section 3, will be utilized for open space and/or
     9  parkland acquisition and/or acquiring conservation easements.
    10  Section 8.  Effective date.
    11     This act shall take effect immediately.













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