THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PASHINSKI AND KORTZ, APRIL 21, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 24, 2009   

AN ACT

Authorizing the City of Wilkes-Barre, Luzerne County, to convey

a fee interest in certain Project 70 lands free of

restrictions imposed under the Project 70 Land Acquisition

and Borrowing Act; and authorizing the City of Warren, Warren

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County, to sell and convey certain Project 70 lands free of

restrictions imposed by the Project 70 Land Acquisition and

Borrowing Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  City of Wilkes-Barre, Luzerne County.

(a)  Authorization.--The provisions 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, authorizes the

General Assembly to release land from Project 70 Use

Restrictions, including, but not limited to, three parcels

within a 33+/-acres tract of land now owned by the City of

Wilkes-Barre and more fully described in Luzerne County Deed

Book 1707 page 703 et seq. commonly known and designated as the

Coal Street Park.

(b)  Release from Project 70 Use Restrictions.--For and in

consideration of the submission and substitution of other

adjacent lands of the City of Wilkes-Barre to the Project 70 Use

Restrictions in place thereof, said land being more particularly

described in subsection (e) (Replacement Lands) the General

Assembly hereby releases and forever discharges from the date of

this action, all those certain tracts of land presently owned by

the City of Wilkes-Barre, which is more particularly described

in subsection (d) (Released Lands). The Replacement Lands have a

fair market value which is equal to or greater than the fair

market value of the Released Lands, all as determined by an

independent certified appraisal.

(c)  Submission.--For and in consideration of the release of

the Released Lands, the City of Wilkes-Barre hereby submits the

Replacement Lands to the same restrictions previously imposed

upon the Released Lands, said Project 70 Use Restrictions to be

placed of record in the Office of the Recorder of Deeds in and

for Luzerne County within thirty (30) days following adoption of

this act.

(d)  Lands to be released from restrictions.--The lands to be

released from Project 70 restrictions are situated in the City

of Wilkes-Barre, Luzerne County, and more particularly described

as follows:

Parcel One

ALL that certain piece or parcel of land situate in the City

of Wilkes-Barre, County of Luzerne and Commonwealth of

Pennsylvania bounded and described as follows, to wit:

BEGINNING at a point in lands of the City of Wilkes-Barre (DB

1707 Pg 703) from which the southwesterly corner of said lands

at the intersection of the northerly right-of-way line of

Sherman Street with the easterly right-of-way line of Coal

Street bears South 41º 42' 34" West distant four hundred ninety-

two and ninety-nine hundredths (492.99') feet as shown on a plan

titled "Coal Street Park Land Development Plan - Building Lease

Plan" dated January 7, 2009 and prepared by Acker Associates,

Inc.;

Thence through said lands of the City of Wilkes-Barre

(Grantor, herein) the following thirty-six (36) courses and

distances:

1.  North 12º 47' 38" East one hundred twenty-four (124.00")

feet to a point,

2.  South 77º 19' 18" East eighteen and sixty-two hundredths

(18.62') feet to a point,

3.  North 12º 40' 42" East thirty-two and eighty-seven

hundredths (32.87') feet to a point,

4.  South 77º 19' 18" East nineteen and eighty-five

hundredths (19.85') feet to a point,

5.  North 12º 36' 30" East thirty-nine and forty-four

hundredths (39.44') feet to a point,

6.  South 77º 35' 21" East nineteen and eighty-two hundredths

(19.82') feet to a point,

7.  North 13º 04' 23" East nineteen and eighty-five

hundredths (19.85') feet to a point,

8.  South 77º 33' 32" East nineteen and seventy-nine

hundredths (19.79') feet to a point,

9.  North 13º 26' 14" East nineteen and ninety-six hundredths

(19.96') feet to a point,

10.  South 77º 32' 32" East forty and six hundredths (40.06')

feet to a point,

11.  North 12º 40' 42" East twenty and fifty-six hundredths

(20.56') feet to a point,

12.  South 77º 19' 18" East two hundred forty-two (242.00')

feet to a point,

13.  South 12º 40' 42" West twenty-six and twenty-five

hundredths (26.25') feet to a point,

14.  South 77º 19' 18" East thirty-one and sixty-six

hundredths (31.66') feet to a point,

15.  South 12º 40' 42" West sixty-one and thirty-three

hundredths (61.33') feet to a point,

16.  North 77º 19' 18" West thirty-one and sixty-eight

hundredths (31.68') feet to a point,

17.  South 20º 33' 04" West forty-seven and twenty-five

hundredths (47.25') feet to a point,

18.  North 77º 19' 18" West two hundred nineteen and five

tenths (219.50') feet to a point,

19.  South 12º 40' 42" West two and twenty-seven hundredths

(2.27') feet to a point,

20.  North 77º 19' 18" West twenty-five hundredths (0.25')

feet to a point,

21.  South 20º 40' 42" West sixteen and sixty-seven

hundredths (16.67') feet to a point,

22.  South 77º 19' 18" East twenty-five hundredths (0.25')

feet to a point,

23.  South 20º 40' 42" West five and twenty-three hundredths

(5.23') feet to a point,

24.  South 77º 19' 18" East twenty-eight and sixty-seven

hundredths (28.67') feet to a point,

25.  South 20º 40' 42" West twenty-six hundredths (0.26')

feet to a point,

26.  South 77º 19' 18" East twenty-nine and seventy-four

hundredths (29.74') feet to a point,

27.  South 20º 40' 42" West sixty-three and seventy-four

hundredths (63.74') feet to a point,

28.  South 77º 19' 18" East twenty-six hundredths (0.26')

feet to a point,

29.  South 12º 40' 42" West thirty-four (34.00') feet to a

point,

30.  North 77º 19' 18" West thirty-eight and thirty-three

hundredths (38.33') feet to a point,

31.  South 12º 40' 42" West twelve (12.00') feet to a point,

32.  North 77º 19' 18" West twenty-seven and thirty-three

hundredths (27.33') feet to a point,

33.  North 12º 40' 42" East twelve (12.00') feet to a point,

34.  North 77º 19' 18" West seven and sixty-seven hundredths

(7.67') feet to a point,

35.  North 12º 40' 42" East twenty-six hundredths (0.26')

feet to a point, and

36.  North 77º 26' 22" West one hundred twenty-six and sixty-

seven hundredths (126.67') feet to the point of BEGINNING.

CONTAINING 66,524 square feet of land being the same, more or

less.

BEING-PART of the same premises conveyed by the Hollenback

Coal and Land Company to The City of Wilkes-Barre by deed dated

November 18, 1970 and recorded in Luzerne County Deed Book 1707

Page 703.

Said property is located within the Property Identification

Number of H10SW4-004-025.

The aforesaid premise being generally referred to as a

portion of "Coal Street Park" that contains an existing ice rink

arena whose dimensions are 38,000 square feet with a proposed

25,000 square feet of new construction.

Parcel Two

Beginning at a point in the northeasterly side of Coal

Street, said point being North 32º 35' 00" East a distance of

25.28' from a stone monument at an angle point of Coal Street

near Grant Street and S 46º 00' 00" East a distance of 542.00

feet along the northeasterly side of Coal Street being 50 wide

to a point along the northerly right-of-way line of North

Sherman Street and N 41º 42' 34" East a distance 397.34' and S

77º 12' 22" East a distance of 45.61' to the place of beginning.

Thence through lands of the City of Wilkes-Barre through the

same, North 12º 47' 38" East a distance of 72.00' to a point,

Thence through the same, South 77º 12' 22" East a distance of

135.00' to a point,

Thence through the same, South 12º 47' 38" West a distance of

72.00' to a point,

Thence through the same, North 77º 12' 22" West a distance of

135.00 to a point, the place of beginning.

CONTAINING 9,720 square feet of land being the same, more or

less.

BEING a Parking Lease Area inside lands of The City of

Wilkes-Barre.

BEING PART of the same premises conveyed by the Hollenback

Coal and Land Company to The City of Wilkes-Barre by deed dated

November 18, 1970 and recorded in Luzerne County Deed Book 1707

Page 703.

Said property is located within the Property Identification

Number of H10SW4-004-025.

The aforesaid premise being generally referred to as a

portion of Coal Street Park that is for a proposed 9,720 square

feet of new parking space to service tenants of Parcel One.

Parcel Three

All that certain pieces or parcels of land situated in the

City of Wilkes-Barre, County of Luzerne and State of

Pennsylvania, more particularly bounded and described as

follows:

Beginning at a point in the northeasterly side of Coal

Street, said point being North 32º 35' 00" East a distance of

25.28' from a stone monument at an angle point of Coal Street

near Grant Street, said point also being in the southwesterly

line of lands of the City of Wilkes-Barre as described in

Luzerne County Deed Book 1707 at Page 703:

Thence along lands now or formerly of The City of Wilkes-

Barre, North 62º 59' 00" West a distance of 31.72' to a point;

Thence along the same, North 29º 19' 00" West a distance of

550.42' to a point at the southeasterly corner of lands now or

formerly of Con Ed Realty Company, said point also being the

southwesterly corner of lands of the City of Wilkes-Barre as

described in Luzerne County Deed Book 1707 at Page 703:

Thence along other lands now or formerly of Con Ed Realty

Company, North 60º 46' 00" East a distance of 9.42' to a point;

Thence through lands now or formerly of the City of Wilkes-

Barre as described in Luzerne County Deed Book 1707 at Page 703,

South 29º 20' 56" East a distance of 375.13' to a point;

Thence through the same, a distance of 87.20' measured along

the arc of a curve to the left having a radius of 300.58', a

chord bearing of South 37º 39' 38" East a distance of 86.90' to

a point;

Thence through the same, South 45º 58' 20" East a distance of

631.16' to a point;

Thence through the same, South 63º 59' 31" East a distance of

37.12' to a point along the northwesterly right-of-way line of

North Sherman Street;

Thence along the northwesterly right-of-way line of North

Sherman Street, South 61º 03' 00" West a distance of 51.08' to a

point along the northeasterly right-of-way line of Coal Street;

Thence along the northeasterly right-of-way line of Coal

Street, North 46º 00' 00" West a distance of 542.00 to a point,

the place of beginning.

Containing an area of 29,608.24 Square Feet or 0.68 acres of

land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as

described in Luzerne County Deed Book 1707 at Page 703.

Said property is located within the Property Identification

Number of H10SW4-004-025.

Also being all of a 0.68 acre parcel shown as lands to be

conveyed to the City of Wilkes-Barre for Coal Street Right-of-

Way as shown on Plan No. V-0801 dated 02-16-09 as prepared by

Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard Suite

409, Wilkes-Barre, Pa. 18702.

The City of Wilkes-Barre with the cooperation of Pennsylvania

Department of Transportation has proposed the construction of a

new roadway within the above described premises.

The City of Wilkes-Barre will replace the parcel through a

land exchange.

(e)  Replacement lands.--

Parcel One-

All that certain pieces or parcels of land situated in the

City of Wilkes-Barre, County of Luzerne and State of

Pennsylvania, more particularly bounded and described as

follows:

Commencing at a point in the northeasterly side of Coal

Street, said point being North 32º 35' 00" East a distance of

25.28' from a stone monument at an angle point of Coal Street

near Grant Street and S 46º 00' 00" East a distance of 542.00

feet along the northeasterly side of Coal Street being 50' wide,

and North 61º 03' 00" East a distance of 51.08' to a point along

the northerly right-of-way line of North Sherman Street, thence

through lands of the City of Wilkes-Barre as described in

Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31"

West a distance of 37.12' to a point, thence through the same,

North 45º 58' 20" West a distance of 631.16' to a point thence

through the same, a distance of 87.20' measured along the arc of

a curve to the right having a radius of 300.58', a chord bearing

of North 37º 39' 38" West and a chord distance of 86.90' to a

point, thence through the same, North 29º 20' 56" West a

distance of 375.13' to a point in line of lands now or formerly

of Con Ed Realty Company and along lands now or formerly of Con

Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM

Properties, LLC, ANM Properties, Inc. and The City of Wilkes-

Barre, North 60º 46' 00" East a distance of 1166.69' to a point

at the northwesterly corner of other lands of the City of

Wilkes-Barre as described in Luzerne County Deed Book 1883 at

Page 883 and the place of beginning;

Thence along other lands now or formerly of the City of

Wilkes-Barre, North 60º 46' 00" East a distance of 156.91' to a

point;

Thence along other lands now or formerly of the City of

Wilkes-Barre, South 46º 18' 00" East a distance of 222.92' to a

point;

Thence along the same, South 42º 17' 30" West a distance of

60.80' to a point;

Thence along the same, South 47º 43' 30" East a distance of

405.67' to a point along the westerly right-of-way line of

Stevens Street;

Thence along the westerly right-of-way line of Stevens

street, South 23º 43' 43" East a distance of 258.71 to a point

in line of Lands now or formerly of the City of Wilkes-Barre as

described in Luzerne County deed Book 1707 at Page 703;

Thence along the dividing line of Lands now or formerly of

the City of Wilkes-Barre as described in Luzerne County Deed

Book 1707 at Page 703, and other Lands now or formerly of the

City of Wilkes-Barre as described in Luzerne County Deed Book

1883 at Page 883 North 46º 18' 00" West a distance of 914.90 to

a point, the place of beginning;

Containing an area of 87,157.35 Square Feet or 2.00 acres of

land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as

described in Luzerne County Deed Book 1883 at Page 883.

Said property is located within the Property Identification

Number of H10-000-14D.

Also being all of a 2.00 acre parcel shown as the

northeasterly replacement area to be consolidated with lands of

the City of Wilkes-Barre as shown on Plan No. V-0801 dated

02-16-09 as prepared by Pennoni Associates, Inc. 100 North

Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

Parcel Two

All that certain pieces or parcels of land situated in the

City of Wilkes-Barre, County of Luzerne and State of

Pennsylvania, more particularly bounded and described as

follows:

Commencing at a point in the northeasterly side of Coal

Street, said point being North 32º 35' 00" East a distance of

25.28' from a stone monument at an angle point of Coal Street

near Grant Street and S 46º 00' 00" East a distance of 542.00

feet along the northeasterly side of Coal Street being 50' wide,

and North 61º 03' 00" East a distance of 51.08' to a point along

the northerly right-of-way line of North Sherman Street, thence

through lands of the City of Wilkes-Barre as described in

Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31"

West a distance of 37.12' to a point, thence through the same,

North 45º 58' 20" West a distance of 631.16' to a point thence

through the same, a distance of 87.20' measured along the arc of

a curve to the right having a radius of 300.58', a chord bearing

of North 37º 39' 38" West and a chord distance of 86.90' to a

point, thence through the same, North 29º 20' 56" West a

distance of 375.13' to a point in line of lands now or formerly

of Con Ed Realty Company and along lands now or formerly of Con

Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM

Properties, LLC, ANM Properties, Inc. and The City of Wilkes-

Barre, North 60º 46' 00" East a distance of 1166.69' to a point

at the northwesterly corner of other lands of the City of

Wilkes-Barre as described in Luzerne County Deed Book 1883 at

Page 883, thence along other lands of City of Wilkes-Barre (2.00

Acre Replacement Area) and the southwesterly right-of-way line

of Stevens Street, South 46º 18' 00" East a distance of

1,040.08' more or less to a point, the place of beginning;

Thence along the southwesterly right-of-way line of Stevens

Street, South 55º 05' 43" East a distance of 500.53' more or

less to a point along the northerly right-of way line of North

Sherman Street;

Thence along the northerly right-of-way line of North Sherman

Street, South 43º 42' 00" West a distance of 76.53' more or less

to a point;

Thence along the dividing line of the City of Wilkes-Barre as

described in Luzerne County Deed Book 1883 at Page 883, and of

the City of Wilkes-Barre as described in Luzerne County Deed

Book 1707 at Page 703, North 46º 18' 00" West a distance of

494.64' to a point, the place of beginning.

Containing an area of 18,928 Square Feet or 0.43 acres of

land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as

described in Luzerne County Deed Book 1883 at Page 883.

Said property is located within the Property Identification

Number of H10-000-14D.

Also being all of a 0.43 acre parcel shown as the

southeasterly replacement area to be consolidated with lands of

the City of Wilkes-Barre as shown on Plan No. V-0801 dated

02-16-09 as prepared by Pennoni Associates, Inc. 100 North

Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

(f)  Costs and fees.--Costs and fees incidental to this

conveyance shall be borne by the grantee.

Section 2.  City of Warren, Warren County.

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(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 and sale of the lands owned by the City of Warren

which are more particularly described in subsection (c) for a

consideration of $81,500 which represents the fair market value

of the property as determined by an appraisal.

(b)  Freedom of restrictions.--The lands described in

subsection (c) shall be free of restrictions on use and

alienation imposed by the Project 70 Land Acquisition and

Borrowing Act upon conveyance of the lands to Warren General

Hospital.

(c)  Lands to be released from restrictions.--The lands to be

released from Project 70 restrictions are situated in the City

of Warren, Warren County, and more particularly described as

follows:

Parcel No. 1

All that certain piece or parcel of land, generally referred

to as the "Musante Field," being that lot identified on the

Warren County Assessment Map as WN-578-1184, and consisting of a

rectangular-shaped level and open piece of land whose dimensions

approximate 100 feet by 200 feet for a total of 20,000 square

feet or 0.46 acre.

Parcel No. 2

All that certain piece or parcel of land being that lot

identified on the Warren County Assessment Map as WN-578-119 and

consisting of a triangular-shaped piece of land whose dimensions

approximate 190 feet by 130 feet by 232 feet for a total of

12,350 square feet or 0.28 acre.

(d)  Use of proceeds.--The consideration of $81,500 from the

sale of the land shall be deposited in a special account

established by the City of Warren for acquisition or development

of park land, to include a ballfield, parking lot and access

road. Use of funds from the special account must be approved by

the Department of Conservation and Natural Resources. Any funds

remaining in the special account after five years from the date

of deposit by the City of Warren shall be paid to the

Commonwealth for deposit into the Project 70 Land Acquisition

Sinking Fund.

Section 2 3.  Effective date.

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This act shall take effect immediately.