PRINTER'S NO. 1478
No. 1200 Session of 1989
INTRODUCED BY HOPPER, AUGUST 28, 1989
REFERRED TO STATE GOVERNMENT, AUGUST 28, 1989
AN ACT
1 Authorizing the release of Project 70 restrictions imposed on
2 certain lands owned by the Borough of Mechanicsburg,
3 Cumberland County, in return for the imposition of Project 70
4 restrictions on certain lands to be conveyed to the Borough
5 of Mechanicsburg, Cumberland County.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Authorization.
9 Pursuant to the requirements of section 20(b) of the act of
10 June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
11 Land Acquisition and Borrowing Act, the General Assembly hereby
12 authorizes the release of the restrictions imposed by section 20
13 of the Project 70 Land Acquisition and Borrowing Act from the
14 lands owned by the Borough of Mechanicsburg, Cumberland County,
15 and more particularly described in section 3 of this act in
16 exchange for the imposition of the section 20 restrictions on
17 lands to be conveyed to the Borough of Mechanicsburg from New
18 Penn Motor Express, Inc. and more particularly described in
19 section 4.
1 Section 2. Freedom of restrictions.
2 The lands described in section 3 and owned by the Borough of
3 Mechanicsburg, Cumberland County shall be free of the
4 restrictions on use and alienation imposed by section 20 of the
5 act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
6 Project 70 Land Acquisition and Borrowing Act, upon the
7 imposition of and recording of the Project 70 deed restrictions
8 set forth in section 5 on the parcel of replacement land
9 described in section 4 to be conveyed to the Borough of
10 Mechanicsburg from New Penn Motor Express, Inc.,
11 contemporaneously with the conveyance of land described in
12 section 3.
13 Section 3. Land to be free from restrictions.
14 The parcel of land authorized to be released from
15 restrictions is more particularly described as follows:
16 All that certain tract of land situate in the Borough of
17 Mechanicsburg, County of Cumberland, Commonwealth of
18 Pennsylvania, bounded and described as follows:
19 Beginning at the northwest corner of the tract herein
20 described, said point being located north 15 degrees, 33
21 minutes, 40 seconds east a distance of 466.73 feet from the
22 southwest corner of the land conveyed by The Pennsylvania
23 Railroad Company to the Borough of Mechanicsburg by deed dated
24 June 22, 1966 and recorded among the land Records of Cumberland
25 County in Deed Book A, Vol. 22, Page 247; thence along lands
26 formerly of Isaac Heller, north 82 degrees, 06 minutes, 30
27 seconds east, a distance of 978.34 feet to a point; thence along
28 lands of Mechanicsburg Borough (Soldiers and Sailors Memorial
29 Park) south 05 degrees, 53 minutes, 30 seconds east, a distance
30 of 253.19 feet to a point; thence along the northerly line of
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1 lands to be retained by Mechanicsburg Borough, of which this was
2 formerly a part, south 79 degrees, 59 minutes, 25 seconds west a
3 distance of 1,097.63 feet to a point; thence along lands
4 formerly of Isaac Heller, north 15 degrees, 33 minutes, 40
5 seconds east, a distance of 320.04 feet to the point of
6 Beginning.
7 Containing 6.479 acres of land.
8 Under and subject nevertheless to a permanent easement in
9 favor of the Borough of Mechanicsburg, Cumberland County, to use
10 a portion of the land for public recreation purposes, to wit:
11 All that certain tract of land situate in the Borough of
12 Mechanicsburg, County of Cumberland, Commonwealth of
13 Pennsylvania, bounded and described as follows:
14 Beginning at the northwest corner of the tract herein
15 described, said point being located north 15 degrees, 33
16 minutes, 40 seconds east, a distance of 285.27 feet from the
17 southwest corner of the land conveyed by the Pennsylvania
18 Railroad Company to the Borough of Mechanicsburg, by Deed dated
19 June 22, 1966, and recorded among the land records of Cumberland
20 County in Deed Book A, Vol. 22, Page 247; thence running in and
21 through the above referenced tract, north 79 degrees, 59
22 minutes, 25 seconds east, a distance of 1,010.87 feet to a
23 point; thence along the westerly line of Memorial Park Drive, by
24 a curve to the left having a radius of 200.00 feet, an arc
25 distance of 107.27 feet, the chord of which is north 13 degrees,
26 52 minutes, 39 seconds east, 105.99 feet, to a point; thence
27 along the easterly line of the above referenced tract, and along
28 lands of Mechanicsburg Borough, (Soldiers and Sailors Memorial
29 Park) south 05 degrees, 53 minutes, 30 seconds east, a distance
30 of 222.49 feet to a point; thence south 79 degrees, 59 minutes,
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1 25 seconds west, a distance of 1,097.63 feet to a point; thence
2 along lands formerly of Isaac Heller, now of New Penn Motor
3 Express, Inc., north 15 degrees, 33 minutes, 40 seconds east, a
4 distance of 138.58 feet to the point of beginning.
5 Containing 3.105 acres of land.
6 Section 4. Land on which restrictions are to be imposed.
7 The replacement parcel to be subject to restrictions in
8 exchange for the parcel described in section 3 is more
9 particularly described as follows:
10 All that certain tract or parcel of land situate in the
11 Borough of Mechanicsburg, County of Cumberland, Commonwealth of
12 Pennsylvania, bounded and described as follows:
13 Beginning at a point in the centerline of Heinz Street (60
14 feet wide), said point being located south 79 degrees, 59
15 minutes, 25 seconds west a distance of 587.81 feet from the
16 intersection of the said centerline of Heinz Street and the
17 westerly line of North York Street (80 feet wide); thence along
18 lands of Mechanicsburg Club, south 09 degrees, 27 minutes, 37
19 seconds east a distance of 369.64 feet to a point; thence along
20 lands of Mechanicsburg Borough (Soldiers and Sailors Memorial
21 Park), south 81 degrees, 52 minutes, 13 seconds west a distance
22 of 648.12 feet to a point; thence along lands of New Penn Motor
23 Express, Inc., of which this tract was formerly a part, north 10
24 degrees, 00 minutes, 35 seconds west, a distance of 348.36 feet
25 to a point in the center of Heinz Street; thence along the said
26 centerline of Heinz Street, north 79 degrees, 59 minutes, 25
27 seconds east a distance of 651.32 feet to the point of
28 beginning.
29 Containing 5.354 acres of land.
30 Being a part of Lot No. 2-B as shown on a Preliminary/Final
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1 Plan of the Mechanicsburg Club dated July 24, 1984, and recorded
2 in the Office of Recorder of Deeds in and for Cumberland County,
3 Pennsylvania in Plan Book 46, Page 82.
4 Section 5. Description of deed restrictions.
5 The deed restriction to be transferred to the parcel
6 described in section 4 shall read as follows:
7 This indenture is given to provide land for recreation,
8 conservation and historical purposes as said purposes are
9 defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
10 known as the Project 70 Land Acquisition and Borrowing Act.
11 Section 6. Effective date.
12 This act shall take effect immediately.
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