Regular Session 2015-2016 Senate Bill 1068 P.N. 1405

PRINTER'S NO. 1405

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1068

Session of

2015

INTRODUCED BY SMUCKER, NOVEMBER 13, 2015

REFERRED TO STATE GOVERNMENT, NOVEMBER 13, 2015

AN ACT

Authorizing the release of Project 70 restrictions on certain

lands owned by the City of Lancaster, Lancaster County, in

exchange for the imposition of Project 70 restrictions on

other lands owned by the City of Lancaster, Lancaster County,

and other consideration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Authorization.

(a) Authorization.--Pursuant to the requirements of section

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act, the

General Assembly hereby authorizes the release of Project 70

restrictions on land owned by the City of Lancaster, described

in subsection (b) in return for the imposition of Project 70

restrictions on land described in subsection (c) and additional

consideration described in subsection (e).

(b) Land to be released from Project 70 restrictions.--

The land to be released from Project 70 restrictions is as

follows:

All that certain tract of land situate in the Township of

Lancaster, County of Lancaster, and Commonwealth of Pennsylvania

being more particularly described as follows, to wit:

Beginning at a Point in the northeasterly Right of Way line

(ROW) of Ranck Road, corner to lands of the City of Lancaster

(City), and proceeding thence;

1. Along the ROW of said Ranck Road North 28°00'10" West

a distance of 360.15 feet to a point in same, thence;

2. Along same North 28°22'10" West a distance of 49.14

feet to a point in same, thence;

3. Along same North 61°44'07" East a distance of 26.98

feet to a point in same, thence;

4. Along same North 28°15'53" West a distance of 14.03

feet to a point of curvature in same, thence;

5. Along same curving to the right with a radius of 60.00

feet an arc distance of 56.87 feet to a point of tangency in

same, the chord of said curve bearing North 1°06'34" West for

a distance of 54.77 feet, thence;

6. Along same North 26°02'46" East a distance of 125.74

feet to a point, thence;

7. Leaving said ROW and passing through lands of the City

of Lancaster of which this tract is a part, South 82°41'02"

East a distance of 43.74 feet to a point, thence;

8. Through same North 74°33'48" East a distance of 84.16

feet to a point, thence;

9. Through same South 80°39'16" East a distance of 90.95

feet to a point, thence;

10. Through same South 55°53'54" East a distance of 48.52

feet to a point, thence;

11. Through same South 38°08'48" East a distance of 35.84

feet to a point, thence;

20150SB1068PN1405 - 2 -

12. Through same South 11°12'31" East a distance of 49.54

feet to a point, thence;

13. Through same South 1°39'26" West a distance of 61.74

feet to a point, thence;

14. Through same South 11°52'03" East a distance of 27.04

feet to a point thence;

15. Through same South 21°19'52" West a distance of 23.30

feet to a point, thence;

16. Through same South 12°08'06" East a distance of 32.75

feet to a point, thence;

17. Through same South 9°02'48" West a distance of 88.97

feet to a point, thence;

18. Through same South 6°15'38" East a distance of 29.90

feet to a point, thence;

19. Through same South 30°35'06" West a distance of 33.16

feet to a point, thence;

20. Through same South 13°01'15" West a distance of 40.78

feet to a point, thence;

21. Through same South 59°05'23" East a distance of

154.96 feet to a point in the line of lands now or formerly

of Wickersham Construction & Engineering, Inc., thence;

22. Along said Wickersham South 80°20'50" West a distance

of 267.16 feet to the Point and Place of Beginning.

Containing 3.5578 acres more or less.

restrictions.--

The two parcels of land on which Project 70 restrictions are

to be imposed are as follows:

Parcel 1.A.

All that certain tract of land situated along the

20150SB1068PN1405 - 3 -

northwestern bank of The Conestoga Creek in Manheim Township,

the County of Lancaster, and the Commonwealth of Pennsylvania

being bounded and described as follows:

Beginning at a point in the north or west bank of the

Conestoga Creek as it existed prior to the raising of the

Lancaster City Water Works Dam in 1933, and in the northeasterly

boundary line of the former Lancaster City Pump Station grounds,

now lands of The Pennsylvania Department of Transportation

(PennDOT), said lands having been acquired by deed dated

September 27, 1971 and filed at the Lancaster County Recorder of

Deeds Office in Deed Book X-61, at Page 242. Said lands being a

portion of Legislative Route 1124, AKA State Highway Route 23,

and also used as access to the Lancaster City Conestoga Water

Treatment Plant Bridge, said access also providing access to the

herein described property, thence;

1. Extending along PennDOT, North 6°36' East, 210.05 feet

to a stone, thence along remaining land of the Grantors the

following 8 courses and distances;

2. South 63°08' East, 194.35 feet, thence;

3. North 81°43' East, 105.06 feet, thence;

4. South 89°38' East, 102.11 feet, thence;

5. North 57°17' East, 63.15 feet, thence;

6. North 73°25' East, 199.69 feet, thence;

7. North 59°51' East, 96.62 feet, thence;

8. North 52°29' East, 98.18 feet, thence;

9. North 37°06' East, 18.65 feet to the inside edge of a

concrete dike around the Eagles Nest property of the

Grantors, at a point in the same 17.52 feet eastwardly from

the westernmost end of said dike, thence extending along the

inside wall of said concrete dike the following courses and

20150SB1068PN1405 - 4 -

distances;

10. South 62°58' East, 27.08 feet, thence;

11. North 72°04' East, 35.31 feet, thence;

12. North 27°00' East, 136.91 feet, thence leaving said

dike;

13. North 69°05' West, 29.15 feet to a point inside said

dike, thence;

14. North 1°44' East, (crossing through or near the

northwestern most end of said dike) 92.03 feet, thence

extending further along remaining property of the Grantors

the following courses and distances;

15. North 4°13' West, 221.08 feet, thence;

16. North 7°39' West, 91.95 feet, thence;

17. North 20°05' West, 192.26 feet, thence;

18. South 74°17' East, 70.93 feet, thence;

19. South 34°34' East, 159.59 feet to a point in the West

Bank of the Conestoga Creek as it existed prior to the

raising of the City's Pumping Station Dam, aforesaid, thence

Southwardly along said West Bank (existing as aforesaid and

which bank may hereafter at times be underwater) the

following 12 courses and distances;

20. South 9°13' East, 253.11 feet, thence;

21. South 11°52' West, 339.10 feet, thence;

22. South 17°44' West, 254.68 feet, thence;

23. South 34°52' West, 101.87 feet, thence;

24. South 45°34' West, 70.09 feet, thence;

25. South 58°39' West, 92.70 feet, thence;

26. South 71°15' West, 122.48 feet, thence;

27. South 89°11' West, 124.68 feet, thence;

28. North 68°34' West, 260.16 feet, thence;

20150SB1068PN1405 - 5 -

29. North 78°15' West, 128.30 feet, thence;

30. North 85°06' West, 94.22 feet, thence;

31. North 89°01' West, 117.10 feet to the Point and Place

of Beginning.

32. Containing 9.782 acres more or less.

Parcel 1.B.

All That Certain tract of land situate in the City of

Lancaster, County of Lancaster, and Commonwealth of Pennsylvania

being a portion of lands of the City of Lancaster located at 150

Pitney Road, Lancaster Pennsylvania being Lancaster County Tax

Parcel Number 336-61274-0-00000 and being more particularly

described as follows, to wit;

Beginning at a Point in the southeasterly bank of the

Conestoga River (left hand side going with the flow) where it

intersects the downstream or southwesterly line, or line

extended, of the Pleasure Road Bridge, running between Pleasure

Road and crossing said Conestoga River to lands of the City of

Lancaster being the Conestoga Water Treatment Plant (CWTP),

thence;

1. Through lands of the said City and along said extended

bridge line, South 28°49'45" East, a distance of 53.68 feet

more or less to a point on the southerly line of the roadway

leading from said bridge into the said CWTP, thence;

2. Along the edge of said roadway and the face of a

concrete retaining wall South 73°44'18" East, a distance of

33.88 feet to a point, thence;

3. Along said roadway and wall curving to the left with a

radius of 39 feet, an arc distance of 30.19 feet to a point

in both, the chord of said curve bearing North 84°30'54"

East, a distance of 29.79 feet, thence;

20150SB1068PN1405 - 6 -

4. Along both and extending beyond both as they deviate

from a straight line North 62°19'03" East, a distance of

151.77 feet to a point in a chain link fence separating lands

of the CWTP from other lands of the City designated as

Conestoga Pines Park, thence;

5. Along said fence and Park South 82°49'10" East, a

distance of 97.79 feet to a point in same, thence;

6. Still along same South 57°22'40" East, a distance of

127.70 feet to a point in same, thence;

7. Still along same South 63°26'49" East, a distance of

42.86 feet to a point in same, thence;

8. Still along same South 83°51'30" East, a distance of

65.34 feet to a point same, thence;

9. Still along same South 66°18'49" East, a distance of

9.34 feet to a point in same, thence;

10. Leaving said fence and line and running mostly along

the approximate centerline of a bituminous roadway, this

course being set parallel to and 30 feet northwestwardly from

the face of the CWTP Old Filter Building, South 21°49'08"

West, a distance of 501.57 feet to a point in the

northeasterly Right of Way line (ROW) of the former

Pennsylvania Railroad Main Line (now AMTRAK) cited in the

index of the Lancaster County Recorder of Deeds Office to be

filed at Deed Book L-75, Page 385 (DB L-75/385), which deed

calls Conrail as the owner or record, thence;

11. Along said ROW North 68°43'38" West, a distance of

434.38 feet to a point in same, thence;

12. Leaving said ROW and mostly along a bituminous

roadway, this course being set parallel to and 30 feet

southeastwardly from the face of a brick building (adjacent

20150SB1068PN1405 - 7 -

to 2 sheds) which building is approximately 220 feet from the

beginning of this course, North 21°56'21" East, a distance of

286.17 feet to a point where said line intersects the

extended line of the southwestwardly face of the brick Meter

Shop Building, thence;

13. Along said extended line North 68°42'05" West, a

distance of 177.26 feet to a point, thence;

14. Along a line deflecting to the left with an angle of

45°, South 66°17'55" West, a distance of 84.58 feet to a

point, thence;

15. Along a line set parallel to and 30 feet

northwestwardly from a line connecting the center points of

two open top round concrete tanks South 21°07'01" West, a

distance of 226.45 feet to a point in the aforesaid railroad

ROW, thence;

16. Along said ROW North 68°43'38" West, a distance of

142.59 feet to a point in same, thence;

17. Proceeding North 1°04'04" West, a distance of 26.78

feet more or less to a point in the aforesaid bank of the

Conestoga River, thence;

18. Along said river bank upstream in a northeasterly

direction a distance of 488 feet or such as the distance may

be to the Point and Place of Beginning. The Survey tie line

for this course, being for closure purposes only and not a

boundary line, bears North 59°19'08" East, a distance of

468.53 feet.

And Excepting and Reserving out the following lands:

Beginning at a Point said point being the following two

courses from the end of the tenth (10

) course of the above

description, to wit;

20150SB1068PN1405 - 8 -

A. Along the above mentioned railroad ROW North 68°43'38"

West, a distance of 259.48 feet to a point, thence;

B. North 19°32'12" East, a distance of 30.41 feet to a

point being the corner of a one story steel storage building

for a Point of Beginning, thence;

1. Proceeding from said beginning point and along the

face of said building North 19°32'12" East, a distance of

26.64 feet to a point, thence;

2. Along same South 70°27'47" East, a distance of 48.50

feet to a point, thence;

3. Along same South 19°32'12" West, a distance of 26.64

feet to a point, thence;

4. Along same North 70°27'47" West, a distance of 48.50

feet to the Point and Place of Beginning.

Being a portion of lands of the City of Lancaster, said lands

consisting of an area of the Conestoga Water Treatment Plant.

The deed for said lands being recorded at DB B-44/500 in the

Lancaster County Recorder of Deeds Office.

Containing 255,596.13 square feet or 5.87 acres more or less.

CONTAINING a combined calculated area for Parcels 1.A. and

1.B. of 15.652 acres, more or less, of land.

(d) Deed restriction.--The deeds of conveyance for the

parcels described in subsection (c) shall contain the following

clause:

This indenture is given to provide land for recreation,

conservation and historical purposes, as said purposes are

defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act.

(e) Additional Consideration.--Within 5 years of the date of

conveyance of the above parcels described in subsection (c), the

20150SB1068PN1405 - 9 -

City of Lancaster shall provide reasonable pedestrian and

vehicular access to both parcels of property on each side of the

river. If reasonable from both an engineering and financial

perspective, the City of Lancaster shall reassemble the

Armstrong Pedestrian Footbridge or another pedestrian bridge

over the Conestoga River, connecting parcel 1.A. to the

Conestoga Pines Park. Upon written request of the City of

Lancaster and approval from the Department of Conservation and

Natural Resources, which shall not be unreasonably withheld, the

time frame set forth in this subsection shall be extended for an

additional 5 years.

Section 2. Effective date.

This act shall take effect immediately.

20150SB1068PN1405 - 10 -