SENATE AMENDED
PRIOR PRINTER'S NO. 1168
PRINTER'S NO. 2697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1009
Session of
2017
INTRODUCED BY WALSH, J. HARRIS, DUNBAR, REESE, OBERLANDER,
METZGAR, WARNER, JAMES, MILLARD, SANKEY, GABLER, WARD, IRVIN,
NELSON AND MICCARELLI, MARCH 28, 2017
SENATOR FOLMER, STATE GOVERNMENT, IN SENATE, AS AMENDED,
NOVEMBER 13, 2017
AN ACT
Authorizing the release of Project 70 restrictions on certain
land owned by the Borough of West Newton, Westmoreland
County, in return for the development of park and open space
lands within the Borough of West Newton, Westmoreland
County.; AND AUTHORIZING THE RELEASE OF PROJECT 70
RESTRICTIONS ON CERTAIN LANDS OWNED BY UPPER UWCHLAN
TOWNSHIP, CHESTER COUNTY, IN EXCHANGE FOR THE PROVISION OF
MONEY FOR THE PURCHASE AND INSTALLATION OF RECREATIONAL
EQUIPMENT AND THE IMPLEMENTATION OF A MULTIUSE TRAIL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Release of restrictions in the Borough of West
Newton, Westmoreland County.
(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 from the land owned by the Borough of West Newton,
Westmoreland County, which is more particularly described in
subsection (c), in exchange for the development of park and open
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space lands as provided in subsection (d).
(b) Land to be released from Project 70 restrictions.--The
Borough of West Newton intends to sell a portion of the land it
owns and wishes to release the land described in subsection (c)
from Project 70 restrictions.
(c) Description of premises to be conveyed.--The land to be
conveyed shall be ALL THAT CERTAIN parcel of land lying and
situate between South Water Street and the Youghiogheny River in
the Borough of West Newton, Westmoreland County, Pennsylvania,
being more fully described as follows, to wit:
FIRST:
BEGINNING at a point on the West side of South Water Street and
a post corner on land now or formerly of Nannie C. Montgomery;
Thence along said South Water Street, South 35º45' West, a
distance of 71.50 feet to a point at the South end of a two-
story brick dwelling;
Thence on a line along the South end of said brick dwelling to a
point on the bank of the Youghiogheny River;
Thence North 25º45' East along the Youghiogheny River, a
distance of 72.51 feet to a point on the bank of the
Youghiogheny River and land now or formerly of Nannie C.
Montgomery;
Thence in an Eastwardly direction along the line of land now or
formerly of Nannie C. Montgomery, a distance of 122 feet, more
or less, to the post corner on the West side of South Water
Street, being the place of beginning.
SECOND:
BEGINNING at a point on the West side of South Water Street at
corner of lot of ground now or formerly of Mabel R. Duncan;
Thence along the West side of South Water Street, South 35º45'
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West, a distance of 210.50 feet to a point at the corner of land
now or formerly of the C.S. Weimer estate;
Thence by said land now or formerly of said estate, North 54º15'
West, a distance of 47 feet to a point on the bank of the
Youghiogheny River;
Thence along said river, North 11º06' East, a distance of 93.5
feet to a point;
Thence still along said river, North 28º45' East, a distance of
126.46 feet to a point on said river bank at the corner of land
now or formerly of Mabel R. Duncan;
Thence in an Eastwardly direction along the line of land now or
formerly of Mabel R. Duncan to a point on the North side of
South Water Street, being the place of beginning.
Being the same premises known as the John C. Plumer House, which
the Historical Society of West Newton, by deed dated February
23, 1968 and recorded in Westmoreland County Deed Book Volume
1979, page 1147, granted and conveyed unto the Borough of West
Newton.
(d) Use of sale proceeds and interest.--An amount equal to
or greater than the fair market value of the land described in
subsection (c) shall be deposited into a special interest-
bearing account established by the Borough of West Newton for
the development of park and open space lands in the Borough of
West Newton. None of the funds shall be disbursed from this
special account until a plan is developed by the Borough of West
Newton for the intended use of the funds and until such plan has
been approved by the Department of Conservation and Natural
Resources. Any funds remaining in the special account five years
after the date of deposit shall immediately be paid to the
Commonwealth for deposit into the Project 70 Land Acquisition
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Sinking Fund or current equivalent.
SECTION 2. RESTRICTIONS IN UPPER UWCHLAN TOWNSHIP, CHESTER
COUNTY.
(A) AUTHORIZATION.--UNDER 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 UPPER UWCHLAN TOWNSHIP, CHESTER
COUNTY, DESCRIBED IN SUBSECTION (B), IN EXCHANGE FOR THE
PROVISION OF MONEY FOR THE PURCHASE AND INSTALLATION OF
RECREATIONAL EQUIPMENT AND THE IMPLEMENTATION OF A MULTIUSE
TRAIL AS PROVIDED UNDER SUBSECTION (C).
(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 OR PARCEL OF LAND LOCATED SOUTH OF THE
PENNSYLVANIA TURNPIKE (200-FOOT RIGHT-OF-WAY) AND EAST OF PARK
ROAD (50-FOOT RIGHT-OF-WAY), SITUATE IN THE TOWNSHIP OF UPPER
UWCHLAN, COUNTY OF CHESTER, COMMONWEALTH OF PENNSYLVANIA, BEING
A PORTION OF THE LANDS OF SUPERVISORS OF UPPER UWCHLAN TOWNSHIP
TO BE CONVEYED TO THE PENNSYLVANIA TURNPIKE, AS SHOWN ON AND
DESCRIBED IN ACCORDANCE WITH THE PENNSYLVANIA TURNPIKE
COMMISSION PLAN NO. R/W 6025-RA, PREPARED BY TRAFFIC PLANNING
AND DESIGN., INC., DATED OCTOBER 13, 2017, AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE EASTERLY
LEGAL RIGHT-OF-WAY LINE FOR TOWNSHIP ROAD T-523 (PARK ROAD) AND
THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE FOR LIMITED ACCESS OF THE
GRANTEE, SAID POINT BEING LOCATED 8 FEET LEFT OF AND OPPOSITE T-
523 CONSTRUCTION BASELINE STATION 14+45±;
THENCE ALONG THE SOUTHERLY LEGAL RIGHT-OF-WAY LINE FOR
LIMITED ACCESS OF THE GRANTEE, 49.18 FEET ALONG AN ARC OF A
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CURVE TO THE LEFT HAVING A RADIUS OF 5829.65 FEET, THE CHORD OF
WHICH HAS A BEARING OF SOUTH 61°03'35" EAST AND A LENGTH OF
49.18 FEET TO A POINT, SAID POINT BEING LOCATED 35 FEET MORE OR
LESS RIGHT OF AND OPPOSITE T-523 CONSTRUCTION BASELINE AT
STATION 14+70±;
THENCE THROUGH LANDS OF THE GRANTOR THE FOLLOWING SEVEN (7)
COURSES,
(1) SOUTH 85°44'20" WEST A DISTANCE OF 22.21 FEET TO A POINT
BEING LOCATED 25 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 14+50,
(2) SOUTH 61°36'48" WEST A DISTANCE OF 102.05 FEET TO A
POINT BEING LOCATED 25 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 13+50,
(3) SOUTH 65°54'38" WEST A DISTANCE OF 81.65 FEET TO A POINT
BEING LOCATED 25 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 12+70,
(4) SOUTH 22°10'47" EAST A DISTANCE OF 15.00 FEET TO A POINT
BEING LOCATED 40 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 12+70,
(5) SOUTH 68°30'46" WEST A DISTANCE OF 29.97 FEET TO A POINT
BEING LOCATED 40 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 12+41,
(6) SOUTH 69°12'19" WEST A DISTANCE OF 241.00 FEET TO A
POINT BEING LOCATED 40 FEET RIGHT OF AND OPPOSITE T-523
CONSTRUCTION BASELINE AT STATION 10+00, AND
(7) NORTH 20°47'41" WEST A DISTANCE OF 18.34 FEET TO A POINT
BEING LOCATED 22 FEET MORE OR LESS RIGHT OF AND OPPOSITE
T-523 CONSTRUCTION BASELINE AT STATION 10+00,
THENCE ALONG THE EASTERLY LEGAL RIGHT-OF-WAY LINE FOR
TOWNSHIP ROAD T-428 THE FOLLOWING THREE (3) COURSES,
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(1) NORTH 68°55'50" EAST A DISTANCE OF 60.69 FEET TO A POINT
BEING LOCATED 21 FEET MORE OR LESS RIGHT OF AND OPPOSITE
T-523 CONSTRUCTION BASELINE AT STATION 10+61±,
(2) 261.80 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 1500.00 FEET, THE CHORD OF WHICH HAS A
BEARING OF NORTH 63°55'50" WEST AND A LENGTH OF 261.47
FEET TO A POINT, SAID POINT BEING LOCATED 0 FEET MORE OR
LESS RIGHT OF AND OPPOSITE T-523 CONSTRUCTION BASELINE
STATION 13+21±, AND
(3) NORTH 58°55'50" EAST A DISTANCE OF 123.72 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.259 ACRE. INCLUDES 0.025 ACRE OF R/W RESERVED BY
COLUMBIA GAS CORP.
SUBJECT TO ALL COVENANTS AND AGREEMENTS OF RECORD.
A PORTION OF CHESTER COUNTY TAX MAP PARCEL 32-3-80-E, 32-3-77.5-
E, AND 32-3-77.10-E.
(C) DUTIES.--THE PENNSYLVANIA TURNPIKE COMMISSION SHALL DO
ALL OF THE FOLLOWING:
(1) PROVIDE MONEY TO UPPER UWCHLAN TOWNSHIP, CHESTER
COUNTY, FOR THE PURCHASE AND INSTALLATION OF RECREATIONAL
EQUIPMENT TO BE USED AT A PARK LOCATED ON THE LAND DESCRIBED
UNDER SUBSECTION (B).
(2) IMPLEMENT A MULTIUSE TRAIL ON A BRIDGE WHICH WILL
PERMIT PEDESTRIAN ACCESS TO A PARK LOCATED ON THE LAND
DESCRIBED UNDER SUBSECTION (B).
Section 2 3. Effective date.
This act shall take effect immediately.
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