PRINTER'S NO. 3672

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2736 Session of 1978


        INTRODUCED BY FRYER, GALLEN, DAVIES, CALTAGIRONE, MOEHLMANN AND
           BROWN, SEPTEMBER 12, 1978

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 12, 1978

                                     AN ACT

     1  Authorizing the Commonwealth of Pennsylvania, acting by and
     2     through the Pennsylvania Game Commission, with the approval
     3     of the Department of Justice and the Governor, to convey
     4     certain Project 70 Lands to the United States of America,
     5     acting by and through the United States Army Corps of
     6     Engineers, for the Blue Marsh Flood Control Project in Berks
     7     County in exchange for certain parcels of land to be used by
     8     the Pennsylvania Game Commission in its Blue Marsh Project.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11  Section 1.  Authorization of transfer.
    12     Pursuant to the requirement of subsection (b) of section 20,
    13  act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
    14  "Project 70 Land Acquisition and Borrowing Act," the General
    15  Assembly hereby authorizes the transfer to the United States of
    16  America, acting by and through the United States Army Corps of
    17  Engineers, 253.97 acres of land located in Bern, Penn, North
    18  Heidelberg and Lower Heidelberg Townships for the purpose of the
    19  Blue Marsh Flood Control Dam.
    20     Such land shall be free of the restrictions on use and
    21  alienation by section 20 of the "Project 70 Land Acquisition and

     1  Borrowing Act" upon:
     2     (1)  completion of the exchange transfer to the Commonwealth
     3  of Pennsylvania for the use of the Pennsylvania Game Commission
     4  of certain parcels of land situate in the Blue Marsh Project;
     5  and
     6     (2)  execution and filing of a document of exchange and
     7  release, citing such exchange and release of the said lands from
     8  the restrictions on use and alienation prescribed by section
     9  20(b) of said act. Subject, however, to all existing easements
    10  of record.
    11  Section 2.  Description of Project 70 Land to be transferred.
    12     The land to be transferred by the Commonwealth of
    13  Pennsylvania, acting by and through the Pennsylvania Game
    14  Commission to the United States of America, acting by and
    15  through the United States Army Corps of Engineers in exchange
    16  for other lands now owned by the United States Government is
    17  more particularly described as follows:
    18     Those certain tracts of land situate in the Township of Lower
    19  Heidelberg, County of Berks and the Commonwealth of
    20  Pennsylvania, as numbered by the United States Corps of
    21  Engineers, as follows:
    22  Tract 413 (10.00 acres)
    23     Beginning at a corner common to the land of the subject owner
    24  and the land now or late of George E. Ruth, et ux, in line of
    25  land now or late of Thomas C. Reifsnyder, et ux, and being in or
    26  near the middle of Township Route No. 374, the said point being
    27  further located North 27 degrees 30 minutes East, 1787 feet,
    28  more or less, from the intersection of the center of Legislative
    29  Route No. 06056 with the center of said Township Route No. 374;
    30  thence, from said place of beginning, leaving said Township
    19780H2736B3672                  - 2 -

     1  Route No. 374 and land of said Reifsnyder, et ux, and extending
     2  along land of said Ruth, et ux, the following courses and
     3  distances:
     4     (1)  north 38 degrees 40 minutes east, 32 feet;
     5     (2)  north 7 degrees 36 minutes east, 151 feet;
     6     (3)  north 79 degrees 2 minutes east, 326 feet;
     7     (4)  north 79 degrees 26 minutes east, 153 feet;
     8     (5)  north 10 degrees east, 173 feet;
     9     (6)  north 86 degrees 32 minutes east, 148 feet to a point;
    10  thence, leaving land of said Ruth, et ux, and passing through
    11  the land of the subject owner, the following courses and
    12  distances;
    13     (7)  south 06 degrees 29 minutes west, 170 feet;
    14     (8)  south 80 degrees 03 minutes west, 232 feet;
    15     (9)  south 03 degrees 16 minutes west, passing a point in or
    16  near the centerline of Township Route No. 501 a distance of 690
    17  feet more or less, a total distance of 1227 feet to a corner
    18  common to the land now or late of Fern V. Keith; thence,
    19  extending along land of said Keith;
    20     (10)  south 66 degrees 2 minutes west, 49 feet to a corner
    21  common to the land of the subject owner and land of said
    22  Reifsnyder, et ux; thence, leaving land of said Keith and
    23  extending along land of said Reifsnyder, et ux, and in and along
    24  said Township Route No. 374;
    25     (11)  north 49 degrees 15 minutes west, 363 feet;
    26     (12)  north 49 degrees 58 minutes west, 98 feet;
    27     (13)  north 19 degrees 36 minutes east, 313 feet;
    28     (14)  north 01 degree 53 minutes west, 305 feet; and
    29     (15)  north 32 degrees 28 minutes west, 130 feet to the place
    30  of beginning.
    19780H2736B3672                  - 3 -

     1     Containing in area 10.00 acres of land, more or less.
     2  Tract 414 (86.28 acres)
     3     This tract is also partly situated in the Township of North
     4  Heidelberg as well as in Lower Heidelberg of said county and
     5  State.
     6     Beginning at a corner common to the land of the subject owner
     7  and land now or late of Rudolph G. Wiemann, and land now or late
     8  of Joseph J. Wieman, and land now or late of H. Leslie Landis,
     9  et ux, the said point being further located north 10 degrees
    10  east, 3539 feet, more or less, from the intersection of the
    11  center of Legislative Route No. 06056 with the center of
    12  Township Route No. 374; thence, from said place of beginning,
    13  leaving and of said Rudolph G. Wiemann, and land of said Joseph
    14  J. Wieman, and extending along land of said Landis, et ux:
    15     (1)  north 62 degrees 50 minutes east, 843 feet;
    16     (2)  south 45 degrees east, 453 feet to a point; thence,
    17  leaving land of said Landis, et ux, and passing through the land
    18  of the subject owner;
    19     (3)  south 06 degrees 29 minutes west, passing a point in or
    20  near the centerline of Legislative Route No. 513, a distance of
    21  300 feet more or less, a total distance of 1531 feet, to a point
    22  in line of land now or late of the Estate of Harold H. Staudt;
    23  thence, extending along land of said Staudt, the following
    24  courses and distances;
    25     (4)  south 86 degrees 32 minutes west, 148 feet;
    26     (5)  south 10 degrees west, 173 feet;
    27     (6)  south 79 degrees 26 minutes west, 153 feet;
    28     (7)  south 79 degrees 02 minutes west, 326 feet;
    29     (8)  south 07 degrees 36 minutes west, 151 feet;
    30     (9)  south 38 degrees 40 minutes west, 32 feet to a point in
    19780H2736B3672                  - 4 -

     1  line of land now or late of Thomas C. Reifsnyder, et ux, being
     2  in or near the middle of said Township Route No. 374; thence,
     3  leaving land of said Staudt and extending along land of said
     4  Reifsnyder, et ux;
     5     (10)  north 41 degrees 38 minutes west, 60 feet;
     6     (11)  north 21 degrees 48 minutes east, 135 feet;
     7     (12)  south 80 degrees 06 minutes west, 436 feet;
     8     (13)  north 71 degrees 05 minutes west, 1110 feet;
     9     (14)  north 30 degrees 58 minutes east, 58 feet;
    10     (15)  north 66 degrees 39 minutes west, 517 feet to a point
    11  in line of land now or late of Henry H. Werner, et ux; thence,
    12  leaving land of said Reifsnyder, et ux, and extending along land
    13  of said Werner, et ux;
    14     (16)  north 01 degree 40 minutes east, 345 feet to a corner
    15  common to the land of the subject owner and land of said
    16  Wiemann; thence, leaving land of said Werner, et ux, and
    17  extending along land of said Weimann; and
    18     (17)  north 63 degrees 30 minutes east, 1894 feet to the
    19  place of beginning.
    20     Containing in area 86.28 acres of land, more or less.
    21  Tract 415 (20.53 acres)
    22     Beginning at a corner common to the land of the subject owner
    23  and the land now or late of Paul K. Staudt, and being on the
    24  westerly side of Township Route No. 534, the said point being
    25  further located south 61 degrees 08 minutes west, a distance of
    26  5778 feet, more or less, from intersection of the center of
    27  Legislative Route No. 06038, known as Gruber Road, with the
    28  center of Township Route No. 499, known as Palisades Road;
    29  thence, leaving land of said Staudt, and extending along the
    30  westerly side of said Township Route No. 534 through the land of
    19780H2736B3672                  - 5 -

     1  the subject owner, the following courses and distances:
     2     (1)  north 07 degrees 39 minutes east, a distance of 661
     3  feet;
     4     (2)  north 17 degrees 05 minutes east, a distance of 296
     5  feet;
     6     (3)  north 35 degrees 26 minutes east, a distance of 200
     7  feet;
     8     (4)  north 41 degrees 13 minutes east, a distance of 750
     9  feet, to a corner common to the land of the subject owner and
    10  land now or late of Stella R. Speicher; thence, leaving the
    11  westerly side of said Township Route No. 534 and extending along
    12  land of said Speicher;
    13     (5)  south 15 degrees 39 minutes east, a distance of 945 feet
    14  to a point in line of land now or late of Kermit E. Staudt, et
    15  ux; thence, leaving land of said Speicher and extending along
    16  land of said Staudt, et ux, the following courses and distances:
    17     (6)  south 64 degrees 26 minutes west, a distance of 127
    18  feet;
    19     (7)  south 21 degrees 48 minutes west, a distance of 162
    20  feet;
    21     (8)  south 42 degrees 34 minutes west, a distance of 333
    22  feet;
    23     (9)  south 61 degrees 23 minutes west, a distance of 63 feet
    24  to a corner of land said Paul K. Staudt; thence, leaving land of
    25  said K. B. Staudt, et ux, and extending along land of said P. K.
    26  Staudt;
    27     (10)  south 64 degrees 49 minutes west, a distance of 646
    28  feet to the place of beginning.
    29     Containing in area 20.53 acres of land, more or less.
    30  Tract 416 (0.84 acres)
    19780H2736B3672                  - 6 -

     1     Beginning at a corner common to the land of the subject owner
     2  and land now or late of Katie B. Ohlinger, and being on the
     3  northerly side of Township Route No. 499; the said point being
     4  further located north 46 degrees 17 minutes east, a distance of
     5  6689 feet, more or less, from the intersection of the center of
     6  Legislative Route No. 06056 with the center of Township Route
     7  No. 374; thence, from said place of beginning, leaving said
     8  Township Route No. 499 and extending along land of said
     9  Ohlinger, the following courses and distances:
    10     (1)  north 00 degrees 16 minutes east, a distance of 218 feet
    11  (1st course D.B. 1215, P. 104, north 05 degrees east, 217 feet 9
    12  1/2 inches);
    13     (2)  north 20 degrees 45 minutes west, a distance of 102
    14  feet;
    15     (3)  north 79 degrees 13 minutes east, a distance of 107 feet
    16  to a point in line of land now or late of Lloyd E. Deppen, Jr.,
    17  et ux; thence, leaving land of said Ohlinger and extending along
    18  land of said Deppen, Jr., et ux, the following courses and
    19  distances;
    20     (4)  south 12 degrees 48 minutes east, a distance of 226
    21  feet;
    22     (5)  south 15 degrees 39 minutes east, a distance of 104 feet
    23  to a corner common to the land of the subject owner and land of
    24  said Ohlinger, and being on the northerly side of said Township
    25  Route No. 499 at its intersection with Township Route No. 534;
    26  thence, leaving land of said Deppen, Jr., et ux, and extending
    27  along the northerly side of said Township Route No. 499 and land
    28  of said Ohlinger; and
    29     (6)  south 84 degrees 59 minutes west, a distance of 149 feet
    30  to the place of beginning.
    19780H2736B3672                  - 7 -

     1     Containing in area 0.84 acres of land, more or less.
     2  Tract 417 (44.47 acres)
     3     Beginning at a corner common to the land of the subject owner
     4  and land now or late of Dorothy B. Zember and being on the
     5  northerly side of Township Route No. 499; the said point being
     6  further located north 46 degrees 17 minutes east, a distance of
     7  6689 feet, more or less, from the intersection of the center of
     8  Legislative Route No. 06056 with the center of Township Route
     9  No. 374; thence, leaving land of said Zember and extending along
    10  the northerly side of said Township Route No. 499, through the
    11  land of the subject owner, the following courses and distances:
    12     (1)  south 87 degrees 16 minutes west, a distance of 260
    13  feet;
    14     (2)  north 74 degrees 48 minutes west, a distance of 953
    15  feet;
    16     (3)  north 46 degrees 46 minutes west, a distance of 780 feet
    17  to a point in line of land now or late of Dorothy E. Kalbach;
    18  thence, leaving the northerly side of said Township Route No.
    19  499 and extending along land of said Kalbach, the following
    20  courses and distances;
    21     (4)  north 39 degrees 11 minutes east, a distance of 930
    22  feet;
    23     (5)  north 79 degrees 36 minutes east, a distance of 737 feet
    24  to a corner common to the land of the subject owner and land now
    25  or late of Mary L. Tarris; thence, leaving land of said Kalbach
    26  and extending along land of said Tarris;
    27     (6)  south 27 degrees 46 minutes east, a distance of 472 feet
    28  to a corner of land now or late of Lloyd E. Deppen, Jr., et ux;
    29  thence, leaving land of said Tarris and extending along land of
    30  said Deppen, Jr., et ux, the following courses and distances:
    19780H2736B3672                  - 8 -

     1     (7)  south 27 degrees 54 minutes east, a distance of 289
     2  feet;
     3     (8)  south 13 degrees 36 minutes east, a distance of 638 feet
     4  to a corner common to the land of the subject owner and land of
     5  said Zember; thence, leaving land of said Deppen, Jr., et ux,
     6  and extending along land of said Zember, the following courses
     7  and distances;
     8     (9)  south 79 degrees 13 minutes west, a distance of 107
     9  feet;
    10     (10)  south 20 degrees 45 minutes east, a distance of 102
    11  feet; and
    12     (11)  south 00 degrees 16 minutes west, a distance of 218
    13  feet to place of beginning.
    14     Containing in area 44.47 acres of land, more or less.
    15  Tract 418 (17.78 acres)
    16     Beginning at a corner common to the land of the subject owner
    17  and land now or late of Rudolph G. Wiemann, and land now or late
    18  of Joseph J. Wieman, and land now or late of George E. Ruth, et
    19  ux, the said point being further located north 10 degrees east,
    20  3539 feet, more or less, from the intersection of the center of
    21  Legislative Route No. 06056 with the center of Township Route
    22  No. 374; thence, from said place of beginning, leaving land of
    23  said Wieman, and land of said Ruth, et ux, and extending along
    24  land of said Wieman:
    25     (1)  north 28 degrees 54 minutes east, 1211 feet;
    26     (2)  north 18 degrees 26 minutes east, 174 feet to a corner
    27  common to the land of the subject owner and land now or late of
    28  Dorothy E. Kalbach; thence, leaving land of said Wiemann and
    29  extending along land of said Kalback;
    30     (3)  north 84 degrees 43 minutes east, 570 feet; thence,
    19780H2736B3672                  - 9 -

     1  leaving land of said Kalback and passing through the land of the
     2  subject owner;
     3     (4)  south 06 degrees 29 minutes west, 1220 feet to line of
     4  land of said Ruth, et ux; thence, extending along land of said
     5  Ruth, et ux;
     6     (5)  north 45 degrees west, 453 feet; and
     7     (6)  south 62 degrees 50 minutes west, 843 feet to the place
     8  of beginning.
     9     Containing in area 17.78 acres of land, more or less.
    10  Tract 425 (1.32 acres)
    11     Beginning at a corner common to the land of the subject owner
    12  and land now or late of Thomas C. Reifsnyder, et ux, and being
    13  in or near the middle of Township Route No. 374, the said point
    14  being further located north 63 degrees 46 minutes east, a
    15  distance of 1165 feet, more or less, from the intersection of
    16  the center of Legislative Route No. 06056 with the center of
    17  said Township Route No. 374; thence, from said place of
    18  beginning, extending partly in and along said Township Route No.
    19  374 and land of said Reifnsyder, et ux:
    20     (1)  north 60 degrees 15 minutes east, a distance of 121 feet
    21  to a corner of land now or late of the Estate of Harold H.
    22  Staudt; thence, leaving land of said Reifsnyder, et ux, and
    23  extending along land of said Staudt, the following courses and
    24  distances;
    25     (2)  north 66 degrees 02 minutes east, a distance of 49 feet;
    26     (3)  south 30 degrees 01 minute east, a distance of 520 feet;
    27     (4)  south 30 degrees 24 minutes west, a distance of 33 feet
    28  to a point in line of land of said Reifsnyder, et ux; thence,
    29  leaving land of said Staudt and extending along land of said
    30  Reifsnyder, et ux, the following courses and distances;
    19780H2736B3672                 - 10 -

     1     (5)  north 31 degrees 18 minutes west, a distance of 199
     2  feet;
     3     (6)  north 30 degrees 05 minutes west, a distance of 109
     4  feet;
     5     (7)  north 78 degrees 41 minutes west, a distance of 61 feet;
     6     (8)  north 44 degrees 33 minutes west, a distance of 182
     7  feet;
     8     (9)  north 33 degrees 01 minute east, a distance of 24 feet;
     9  and
    10     (10) north 66 degrees 48 minutes west, a distance of 38 feet
    11  to the place of beginning.
    12     Containing in area 1.32 acres of land, more or less.
    13     Those certain tracts of land situate in the Township of Penn,
    14  County of Berks and Commonwealth of Pennsylvania, as numbered by
    15  the United States Corps of Engineers.
    16  Tract 510 (26.85 acres)
    17     A certain tract of land, situate in the Township of Penn,
    18  county of Berks and Commonwealth of Pennsylvania, more fully
    19  bounded and described as follows to wit:
    20     Beginning at a corner common to the land of the subject owner
    21  and the land now or late of Alma Parker, in line of land now or
    22  late of Gertrude A. Stamm, and being in or near the middle of
    23  Township Route No. 579 known as 8 Cornered House Road, the said
    24  point being further located south 44 degrees 11 minutes east, a
    25  distance of 2963 feet, more or less, from the intersection of
    26  the center of Legislative Route No. 06038, known as Snyder
    27  School Road, with the center of Pennsylvania Traffic Route No.
    28  183; thence leaving said Township Route No. 579 and land of said
    29  Parker and extending along land of said Stamm:
    30     (1)  north 21 degrees 45 minutes east, a distance of 904 feet
    19780H2736B3672                 - 11 -

     1  to a point; thence leaving land of said Stamm and passing
     2  through the land of the subject owner, the following courses and
     3  distances;
     4     (2)  north 65 degrees 01 minute east, a distance of 971 feet;
     5     (3)  south 20 degrees 46 minutes east, a distance of 930 feet
     6  to a point in or near the middle of said Township Route No. 579;
     7     (4)  south 63 degrees 26 minutes west, partly in and along
     8  said Township Route No. 579, a distance of 749 feet to a point
     9  in line of land now or late of George R. Roth, et ux; thence
    10  leaving residue land of the subject owner and extending along
    11  land of said Roth, et ux;
    12     (5)  south 86 degrees 35 minutes west, a distance of 621 feet
    13  to a corner of land of said Parker, being in or near the middle
    14  of said Township Route No. 579; thence leaving land of said
    15  Roth, et ux, and extending in and along said Township Route No.
    16  579 and land of said Parker; and
    17     (6)  south 88 degrees 12 minutes west, a distance of 255 feet
    18  to the place of beginning.
    19     Containing in area 26.85 acres of land, more or less.
    20  Tract 803 (28.06 acres)
    21     Beginning at a corner common to the land of the subject owner
    22  and the land now or late of Frederick Glosser, et ux, the said
    23  point being further located north 19 degrees 56 minutes west, a
    24  distance of 1085 feet, more or less, from the centerline
    25  intersection of Legislative Route No. 06038 also known as Snyder
    26  School Road, and Township Route No. 523, also known as Davis
    27  Bridge Road; thence, from said place of beginning and extending
    28  along land of said Glosser, et ux:
    29     (1)  south 78 degrees 41 minutes west, a distance of 408 feet
    30  to a point on the line of land of said Glosser, et ux; thence,
    19780H2736B3672                 - 12 -

     1  leaving land of said Glosser, et ux, and severing the land of
     2  the subject owner, the following courses and distances;
     3     (2)  north 12 degrees 57 minutes west, a distance of 1160
     4  feet;
     5     (3)  north 48 degrees 13 minutes east, a distance of 230
     6  feet;
     7     (4)  north 26 degrees 55 minutes west, a distance of 1174
     8  feet;
     9     (5)  north 36 degrees 52 minutes east, a distance of 175
    10  feet;
    11     (6)  south 31 degrees 43 minutes east, a distance of 1187
    12  feet;
    13     (7)  north 48 degrees 13 minutes east, a distance of 135
    14  feet;
    15     (8)  south 26 degrees 55 minutes east, crossing the center of
    16  Township Route No. 489 at a distance of 520 feet, more or less,
    17  a total distance of 1424 feet to a point on the line of land of
    18  said Glosser, et ux; thence, extending along land of said
    19  Glosser, et ux; and
    20     (9)  south 66 degrees 16 minutes west, crossing the center of
    21  said Route No. 06038 at a distance of 260 feet, more or less, a
    22  total distance of 497 feet to the place of beginning.
    23     Containing in area 28.06 acres of land, more or less.
    24  Tract 811 (03.73 acres)
    25     Beginning at a corner common to the land of the subject owner
    26  and land now or late of Carl Seib, et al, the said point being
    27  further located north 33 degrees 14 minutes west, a distance of
    28  6168 feet, more or less, from the intersection of the center of
    29  Legislative Route No. 06048, known as Church Road, with the
    30  center of Pennsylvania Traffic Route No. 183; thence from said
    19780H2736B3672                 - 13 -

     1  place of beginning, extending along land of said Seib, et al,
     2  the following courses and distances:
     3     (1)  south 65 degrees 23 minutes west, a distance of 264
     4  feet;
     5     (2)  north 59 degrees 02 minutes west, a distance of 175
     6  feet;
     7     (3)  north 39 degrees 48 minutes west, a distance of 117
     8  feet;
     9     (4)  north 13 degrees 10 minutes west, a distance of 241 feet
    10  to a point; thence leaving land of said Seib, et al, and passing
    11  through the land of the subject owner, the following courses and
    12  distances:
    13     (5)  north 53 degrees 34 minutes east, a distance of 261
    14  feet; and
    15     (6)  south 33 degrees 59 minutes east, a distance of 555 feet
    16  to the place of beginning.
    17     Containing in area 03.73 acres of land, more or less.
    18  Tract 916 (14.11 acres)
    19     Beginning at a corner common to the land of the subject owner
    20  and the land now or late of Paul A. Blatt, et ux, and land now
    21  or late of Ella M. Showers, et al, and being in or near the
    22  middle of Pennsylvania Traffic Route No. 183, the said point
    23  being further located north 13 degrees 51 minutes east, a
    24  distance of 4429 feet, more or less, from the intersection of
    25  the center of Township Route No. 489 with the center of Township
    26  Route No. 524; thence from said place of beginning, leaving land
    27  of said Blatt, et ux, and extending in and along said
    28  Pennsylvania Traffic Route No. 183 and land of said Showers, et
    29  al, the following courses and distances:
    30     (1)  north 86 degrees 53 minutes west, a distance of 220
    19780H2736B3672                 - 14 -

     1  feet;
     2     (2)  north 79 degrees 46 minutes west, a distance of 242 feet
     3  to a corner of land now or late of Edwin I. Showers; thence
     4  leaving land of said E. M. Showers, et al, and extending in and
     5  along said Pennsylvania Traffic Route No. 183 and land of said
     6  E. I. Showers;
     7     (3)  north 77 degrees 25 minutes west, a distance of 115 feet
     8  to a corner of land now or late of Paul H. Speicher, et ux;
     9  thence leaving land of said E. I. Showers and extending in and
    10  along said Pennsylvania Traffic Route No. 183 and land of said
    11  Speicher, et ux;
    12     (4)  north 79 degrees 27 minutes west, a distance of 147 feet
    13  to a corner common to the land of the subject owner and the land
    14  now or late of Leland W. Beam, et ux; thence leaving said
    15  Pennsylvania Traffic Route No. 183 and land of said Speicher, et
    16  ux, and extending along land of said Beam, et ux, the following
    17  courses and distances:
    18     (5)  north 15 degrees 26 minutes east, a distance of 169
    19  feet;
    20     (6)  north 83 degrees 17 minutes west, a distance of 86 feet
    21  to a point in line of land of said E. M. Showers, et al; thence
    22  leaving land of said Beam, et ux, and extending along land of
    23  said E. M. Showers, et al;
    24     (7)  north 12 degrees 41 minutes east, a distance of 205 feet
    25  to a point; thence leaving land of said E. M. Showers, et al,
    26  and passing through the land of the subject owner;
    27     (8)  north 78 degrees 34 minutes east, a distance of 1286
    28  feet to a corner common to the land of the subject owner and
    29  land of said Blatt, et ux; thence leaving residue land of the
    30  subject owner and extending along land of said Blatt, et ux, the
    19780H2736B3672                 - 15 -

     1  following courses and distances:
     2     (9)  south 20 degrees 55 minutes west, a distance of 776 feet
     3  (1st course, D. B. 774, P. 25, north 25 degrees east, 47
     4  perches) to a point on the northerly side of said Pennsylvania
     5  Traffic Route No. 183; and
     6     (10)  due west, in and along said Pennsylvania Traffic Route
     7  No. 183, a distance of 28 feet to a corner common to the land of
     8  the subject owner and land now or late of Harold K. Ruth, et ux;
     9  thence leaving said Pennsylvania Traffic Route No. 183 and land
    10  of said Blatt, et ux, and extending along land of said Ruth, et
    11  ux, the following courses and distances:
    12     (11)  north 23 degrees 48 minutes east, a distance of 186
    13  feet;
    14     (12)  north 84 degrees 17 minutes west, a distance of 100
    15  feet; and
    16     (13)  South 22 degrees 04 minutes west, a distance of 200
    17  feet to a point on the northerly side of said Pennsylvania
    18  Traffic Route No. 183 in line of land of said Blatt, et ux;
    19  thence leaving land of said Ruth, et ux, and extending in and
    20  along said Pennsylvania Traffic Route No. 183 and land of said
    21  Blatt, et ux;
    22     (14)  South 88 degrees 2 minutes West, a distance of 145 feet
    23  to the place of beginning.
    24     Containing in area 14.11 acres of land, more or less.
    25  Section 3.  Right-of-way.
    26     Commonwealth of Pennsylvania, acting by and through the
    27  Pennsylvania Game Commission shall also convey to the United
    28  States Government an easement or right-of-way to enable the
    29  United States Corps of Engineers to construct Legislative Route
    30  06038, formerly Township Route 550 which will provide access to
    19780H2736B3672                 - 16 -

     1  the Blue Marsh Flood Control Project which traverses a tract
     2  identified by Army Corps of Engineers as No. 561E-1 situate in
     3  Bern Township, Berks County, described as follows:
     4     Beginning at a corner common to the land of the subject owner
     5  and the land now or late of Katie R. Ohnmacht and being in or
     6  near the centerline of Township Route No. 499, the said point
     7  being further located easterly, a distance of 70 feet, more or
     8  less, along the centerline of said Route No. 499 from the
     9  centerline intersection of said Route No. 499 and Township Route
    10  No. 550; thence, from said place of beginning, leaving said
    11  Route No. 499 and extending along land of said Ohnmacht:
    12     (1)  north 27 degrees 27 minutes west, a distance of 105
    13  feet, more or less, to a point in or near the center of said
    14  Route No. 550, and in and along said Route No. 550, passing a
    15  corner common to the land now or late of Clarence J. Kauffman,
    16  et ux, at a distance of 366 feet, a total distance of 1323 feet
    17  to a corner common to land of said Kauffman, et ux, and other
    18  land now or late of the subject owner; thence, leaving land of
    19  said Kauffman, et ux, and extending along said other land of the
    20  subject owner, continuing in and along said Route No. 550, the
    21  following courses and distances:
    22     (2)  north 27 degrees 24 minutes west, a distance of 1228
    23  feet;
    24     (3)  leaving said Route No. 550, south 59 degrees 49 minutes
    25  west, a distance of 123 feet; thence, leaving said other land of
    26  the subject owner and severing the land of the subject owner the
    27  following courses and distances:
    28     (4)  north 28 degrees 35 minutes west, a distance of 379
    29  feet;
    30     (5)  along a curve to the right having a radius of 863.94
    19780H2736B3672                 - 17 -

     1  feet and a chord bearing and distance of north 23 degrees 15
     2  minutes west, 161 feet;
     3     (6)  north 33 degrees 51 minutes west, passing the center of
     4  said Route No. 550 at a distance of 58 feet, more or less, a
     5  total distance of 189 feet;
     6     (7)  north 07 degrees 55 minutes east, a distance of 242
     7  feet;
     8     (8)  along a curve to the right having a radius of 903.94
     9  feet and a chord bearing and distance of north 17 degrees 41
    10  minutes east, 293 feet;
    11     (9)  north 27 degrees 02 minutes east, a distance of 551
    12  feet;
    13     (10)  north 48 degrees 26 minutes east, a distance of 54
    14  feet;
    15     (11)  north 27 degrees 02 minutes east, a distance of 134
    16  feet;
    17     (12)  along a curve to the left having a radius of 834.93
    18  feet and a chord bearing and distance of north 18 degrees 38
    19  minutes east, 243 feet to a point on the line of the land now or
    20  late of George N. Pappas, et ux; thence, extending along land of
    21  said Pappas, et ux, the following courses and distances:
    22     (13)  north 40 degrees 19 minutes east, a distance of 100
    23  feet;
    24     (14)  north 24 degrees 31 minutes east, a distance of 123
    25  feet;
    26     (15)  north 16 degrees 32 minutes east, a distance of 136
    27  feet;
    28     (16)  north 56 degrees 28 minutes west, a distance of 51
    29  feet; thence, leaving land of said Pappas, et ux, and again
    30  severing the land of the subject owner the following courses and
    19780H2736B3672                 - 18 -

     1  distances:
     2     (17)  north 01 degree 09 minutes east, a distance of 282
     3  feet;
     4     (18)  north 22 degrees 31 minutes east, passing the center of
     5  said Route No. 550 at a distance of 56 feet, a total distance of
     6  108 feet;
     7     (19)  north 24 degrees 00 minutes east, a distance of 50 feet
     8  to a point on the line of the land now or late of John E.
     9  Schuler, et ux; thence, extending along land of said Schuler, et
    10  ux;
    11     (20)  south 72 degrees 42 minutes east, a distance of 149
    12  feet to a point near the westerly side of Plum Creek; thence,
    13  leaving land of said Schuler, et ux, and the westerly side of
    14  said Creek and again severing the land of the subject owner, the
    15  following courses and distances:
    16     (21)  along a curve to the left having a radius of 874.93
    17  feet and a chord bearing and distance of south 14 degrees 46
    18  minutes west, 275 feet;
    19     (22)  south 05 degrees 54 minutes west, a distance of 212
    20  feet;
    21     (23)  south 01 degree 41 minutes east, a distance of 151
    22  feet;
    23     (24)  south 05 degrees 54 minutes west, a distance of 64
    24  feet;
    25     (25)  along a curve to the right having a radius of 1054.93
    26  feet and a chord bearing and distance of south 16 degrees 29
    27  minutes west, 386 feet;
    28     (26)  south 26 degrees 39 minutes west, a distance of 34
    29  feet;
    30     (27)  south 08 degrees 36 minutes west, a distance of 158
    19780H2736B3672                 - 19 -

     1  feet;
     2     (28)  south 27 degrees 02 minutes west, a distance of 551
     3  feet;
     4     (29)  along a curve to the left having a radius of 613.94
     5  feet and a chord bearing and distance of south 17 degrees 42
     6  minutes west, 199 feet;
     7     (30)  south 09 degrees 55 minutes east, a distance of 159
     8  feet;
     9     (31)  south 20 degrees 47 minutes west, passing the center of
    10  an old road leading from said Route No. 550 at a distance of 75
    11  feet, more or less, a total distance of 146 feet;
    12     (32)  along a curve to the left having a radius of 663.94
    13  feet and a chord bearing and distance of south 23 degrees 15
    14  minutes east, 124 feet;
    15     (33)  south 28 degrees 35 minutes east, a distance of 1007
    16  feet;
    17     (34)  south 24 degrees 18 minutes east, a distance of 201
    18  feet;
    19     (35)  south 28 degrees 35 minutes east, a distance of 1200
    20  feet;
    21     (36)  south 36 degrees 00 minutes east, a distance of 504
    22  feet;
    23     (37)  south 09 degrees 18 minutes east, a distance of 83 feet
    24  to a point on the line of land of said Ohnmacht; thence,
    25  extending along land of said Ohnmacht;
    26     (38)  south 85 degrees 08 minutes west, a distance of 88 feet
    27  to an iron pin known as State Game Lands corner No. 60; and
    28     (39)  south 80 degrees 28 minutes west, a distance of 74 feet
    29  to the place of beginning.
    30     Containing in area 20.98 acres of land, more or less.
    19780H2736B3672                 - 20 -

     1  Section 4.  Description of lands to be acquired by the
     2              Pennsylvania Game Commission.
     3     The lands to be conveyed to the Commonwealth of Pennsylvania
     4  for the use of the Pennsylvania Game Commission now owned by the
     5  United States Government in exchange for the transfer of Project
     6  70 Land described in section 2 is more particularly described as
     7  follows:
     8     All that certain tract of land situate in the Township of
     9  Lower Heidelberg, county of Berks and Commonwealth of
    10  Pennsylvania as numbered by the United States Corps of
    11  Engineers.
    12  Tract 700 (3.35 acres)
    13     Beginning at a corner common to the land of the subject owner
    14  and the land now or late of Emma M. Ohlinger, said corner being
    15  in or near the center of Township Route No. 499 and said point
    16  being further located north 79 degrees 51 minutes east, at a
    17  distance of 1646 feet, more or less, from the centerline
    18  intersection of said Route No. 499 and Township Route No. 374;
    19  thence, leaving land of said Emma M. Ohlinger and severing the
    20  land of the subject owner and extending along said Route No.
    21  499, the following courses and distances:
    22     (1)  south 63 degrees 03 minutes east, a distance of 132
    23  feet;
    24     (2)  south 46 degrees 32 minutes east, a distance of 653 feet
    25  to a point in the line of the land now or late of Katie E.
    26  Ohlinger; thence, leaving said Route No. 499 and extending along
    27  land of said Katie E. Ohlinger;
    28     (3)  south 39 degrees 11 minutes west, a distance of 343
    29  feet, to a corner common to the land of said Emma M. Ohlinger,
    30  thence, leaving the land of said Katie E. Ohlinger and extending
    19780H2736B3672                 - 21 -

     1  along the land of said Emma M. Ohlinger;
     2     (4)  north 25 degrees 49 minutes west, a distance of 861
     3  feet, to the place of beginning.
     4     Containing in area 3.35 acres of land, more or less.
     5     Also those certain tracts of land situate in the Township of
     6  Penn, county of Berks and Commonwealth of Pennsylvania, as
     7  numbered by the United States Corps of Engineers.
     8  Tract 807 (22.33 acres)
     9     Beginning at a point in or near the middle of Pennsylvania
    10  Traffic Route No. 183 in line of land now or late of Norman W.
    11  Reifsnyder, et ux, the said point being further located north 60
    12  degrees 15 minutes west 1572 feet, more or less, from the
    13  intersection of the center of Legislative Route No. 06048 with
    14  the center of Pennsylvania Traffic Route No. 183; thence, from
    15  the said point of beginning, and severing the lands of the
    16  United States of America and along the center of said Route No.
    17  183:
    18     (1)  north 60 degrees 41 minutes west, 731 feet to a corner
    19  common to the lands now or formerly of Earl M. Bashore, et ux;
    20  thence, leaving the said centerline of Route No. 183 and with
    21  the lands of the said Bashore, et ux;
    22     (2)  north 29 degrees 19 minutes east, 230 feet;
    23     (3)  north 60 degrees 41 minutes west, 154 feet to a point in
    24  the line of the land of the said Bashore, et ux, and in the line
    25  of the lands of said United States; thence, leaving the lands of
    26  the said Bashore, et ux, and continuing to sever the lands of
    27  the said United States;
    28     (4)  north 29 degrees 14 minutes east, 797 feet to a point in
    29  the line of the lands now or formerly of Guy E. LaFollette;
    30  thence, continuing with the lands of said LaFollette:
    19780H2736B3672                 - 22 -

     1     (5)  south 52 degrees 07 minutes east, 1285 feet to a point
     2  in the line of the lands of the said Reifsnyder, et ux, thence,
     3  leaving the lands of the said LaFollette and with the lands of
     4  the said Reifsnyder, et ux;
     5     (6)  south 56 degrees 01 minute west, 555 feet;
     6     (7)  south 51 degrees 06 minutes west, 366 feet, to the place
     7  of beginning.
     8     Containing in area 22.45 acres of land, more or less,
     9  excepting and reserving therefrom, the following tract of land:
    10     Tract No. 812
    11     Owner: Texas Eastern Penn-Jersey Transmission Corporation
    12     Acres: .12
    13     Deed: May 14, 1954
    14     Recorded: May 14, 1954
    15     Deed Book 1161, Page 405
    16     The parent tract containing, after exceptions, 22.33 acres of
    17  land, more or less.
    18  Tract 808 (74.70 acres)
    19     Beginning at a point in or near the middle of Pennsylvania
    20  Traffic Route No. 183, said point being a corner in line of the
    21  land now or late of Curtis C. Hottenstein, et ux, and common to
    22  the land now or late of Naomi E. Sheidy, et al, said point being
    23  further located south 60 degrees 40 minutes east, along the
    24  centerline of said Route No. 183, a distance of 878 feet, more
    25  or less, from the intersection of said Route No. 183 and Old
    26  State Road; thence, from said place of beginning, leaving said
    27  Route No. 183 and the land of said Hottenstein, et ux, and
    28  extending along the land of said Sheidy, et al, the following
    29  courses and distances:
    30     (1)  north 31 degrees 05 minutes east, a distance of 209
    19780H2736B3672                 - 23 -

     1  feet;
     2     (2)  north 41 degrees 55 minutes west, a distance of 121 feet
     3  to a point in line of land of said Sheidy, et al; thence,
     4  leaving the land of said Sheidy, et al, and severing the land of
     5  the subject owner, the following courses and distances:
     6     (3)  north 34 degrees 49 minutes east, a distance of 592
     7  feet;
     8     (4)  north 64 degrees 40 minutes west, a distance of 725
     9  feet;
    10     (5)  south 36 degrees 48 minutes west, at a distance of 793
    11  feet to a point in or near the centerline intersection of said
    12  Route No. 183 and said Old State Road, said point being a corner
    13  common to the land now or late of the Commonwealth of
    14  Pennsylvania; thence, leaving said Route No. 183 and extending
    15  in and along said Old State Road and along the land of said
    16  Commonwealth of Pennsylvania;
    17     (6)  north 45 degrees 30 minutes west, a distance of 813 feet
    18  to a corner common to the land now or late of Dorothy E. Gordon,
    19  et al; thence, leaving the land of said Commonwealth of
    20  Pennsylvania, and extending along the land of said Gordon, et
    21  al, and in and along said Old State Road;
    22     (7)  north 48 degrees 01 minute west, a distance of 67 feet
    23  to a point at the intersection of said Old State Road and
    24  Township Route No. 489; thence, leaving said Old State Road and
    25  extending in and along said Route No. 489, continuing in and
    26  along the land of said Gordon, et al, the following courses and
    27  distances:
    28     (8)  north 51 degrees 49 minutes east, a distance of 954
    29  feet;
    30     (9)  north 42 degrees 26 minutes east, a distance of 237
    19780H2736B3672                 - 24 -

     1  feet;
     2     (10)  north 63 degrees 26 minutes east, a distance of 557
     3  feet; thence, leaving said Route 489 and extending along land of
     4  said Gordon, et al;
     5     (11)  north 36 degrees 20 minutes west, a distance of 751
     6  feet;
     7     (12)  north 41 degrees 29 minutes east, a distance of 460
     8  feet, to a corner common to the land of subject owner and land
     9  now or late of Ray L. Berger, et ux; thence, leaving land of
    10  said Gordon, et al, and extending along land of said Berger, et
    11  ux, the following courses and distances:
    12     (13)  north 57 degrees 22 minutes east, a distance of 816
    13  feet;
    14     (14)  north 05 degrees 12 minutes east, a distance of 55
    15  feet;
    16     (15)  north 60 degrees 01 minute east, a distance of 90 feet;
    17     (16)  south 34 degrees 40 minutes east, passing a point in
    18  Bright School Lane, a distance of 834 feet, a total distance of
    19  888 feet, more or less, to a corner common to the land of the
    20  subject owner and land now or late of said Berger, et ux, and
    21  extending along the land of said Berger, et ux, the following
    22  courses and distances:
    23     (17)  south 52 degrees 39 minutes west, a distance of 1337
    24  feet;
    25     (18)  south 33 degrees 59 minutes east, a distance of 1610
    26  feet to a corner common to the land of the subject owner and
    27  land now or late of said Berger, et ux, and land now or late of
    28  Curtis C. Hottenstein, et ux; thence, leaving the land of said
    29  Berger, et ux, and extending along land of said Hottenstein, et
    30  ux;
    19780H2736B3672                 - 25 -

     1     (19)  south 55 degrees 39 minutes west, a distance of 1205
     2  feet to the place of beginning.
     3     Containing in area 74.70 acres of land, more or less.
     4  Tract 907 (20.31 acres)
     5     Beginning at a corner common to the land of the subject owner
     6  and the land now or late of Paul H. Speicher, et ux, said point
     7  being in or near the center of Pennsylvania Traffic Route No.
     8  183, and being further located north 02 degrees 33 minutes east,
     9  a distance of 4567 feet, more or less, from the centerline
    10  intersection of Township Route No. 489 and Township Route No.
    11  524; thence, extending along land of said Speicher, et ux, and
    12  Pennsylvania Traffic Route No. 183:
    13     (1)  north 78 degrees 41 minutes west, a distance of 153 feet
    14  to a point on line of land now or late of the John Rick Estate;
    15  thence, leaving said Pennsylvania Traffic Route No. 183 and
    16  leaving land of said Speicher and continuing along land of said
    17  Rick Estate, the following courses and distances:
    18     (2)  north 15 degrees 30 minutes east, a distance of 759
    19  feet;
    20     (3)  south 66 degrees 56 minutes east, a distance of 388 feet
    21  (18th course Purpart No. 3, 1st Tract, D.B. 1485, P. 1050, north
    22  59 1/2 degrees West, 22.7 perches):
    23     (4)  north 30 degrees 53 minutes east, a distance of 594
    24  feet;
    25     (5)  north 1 degree 30 minutes west, a distance of 575 feet
    26  to a point on line of land now or late of George F. Bender, et
    27  al; thence, leaving land of said Rick Estate and extending along
    28  land of said Bender, et al;
    29     (6)  south 35 degrees 56 minutes east, a distance of 1031
    30  feet;
    19780H2736B3672                 - 26 -

     1     (7)  south 51 degrees 04 minutes west, a distance of 971
     2  feet;
     3     (8)  south 12 degrees 41 minutes west, a distance of 205 feet
     4  to a corner common to the land of said Bender, et al, and land
     5  now or late of Leland W. Beam, et ux; thence, leaving land of
     6  said Bender, et al, and extending along land of said Beam, et
     7  ux;
     8     (9)  south 15 degrees 43 minutes west, a distance of 166 feet
     9  to a point in or near the middle of said Pennsylvania Traffic
    10  Route No. 183 and being a corner common to the land of the
    11  subject owner and land now or late of Warren P. Showers, et ux;
    12  thence, leaving land of said Beam, et ux, and extending in and
    13  along said Pennsylvania Traffic Route No. 183 and along land of
    14  said Showers, et ux;
    15     (10)  north 77 degrees 12 minutes west, a distance of 226
    16  feet to a corner of land now or late of Bruce A. Good, et ux;
    17  thence, leaving land of said Showers, et ux, and extending in
    18  and along said Pennsylvania Traffic Route No. 183 and along land
    19  of said Good, et ux;
    20     (11)  north 78 degrees 41 minutes west, a distance of 102
    21  feet to a point; thence, extending in and along of said Township
    22  Route No. 183 and severing the land of the subject owner;
    23     (12)  north 74 degrees 03 minutes west, a distance of 146
    24  feet to the place of beginning.
    25     Containing in area 20.31 acres of land, more or less.
    26  Tract 932 (34.21 acres)
    27     Beginning at a point in the line of land of the subject owner
    28  and the land now or late of John Rick Estate, said point of
    29  beginning being further located north 13 degrees 12 minutes
    30  west, a distance of 7441 feet, more or less, from the centerline
    19780H2736B3672                 - 27 -

     1  intersection of Township Route No. 489 and Township Route No.
     2  524; thence, leaving land of said John Rick Estate and severing
     3  the land of the subject owner:
     4     (1)  north 34 degrees 16 minutes west, a distance of 934 feet
     5  to a corner common to the land now or late of Charles J. Focht,
     6  et ux; thence, extending along the land of said Focht, et ux,
     7  the following courses and distances:
     8     (2)  north 36 degrees 13 minutes west, a distance of 345 feet
     9  to a corner common to the land of the subject owner and land now
    10  or late of Ronald M. K. Schoener, et ux; thence leaving land of
    11  said Focht, et ux, and extending along land of said Schoener, et
    12  ux, the following courses and distances:
    13     (3)  north 73 degrees 01 minute east, a distance of 136 feet;
    14     (4)  north 36 degrees 52 minutes east, a distance of 250
    15  feet;
    16     (5)  north 47 degrees 44 minutes east, a distance of 149
    17  feet;
    18     (6)  north 58 degrees 24 minutes east, a distance of 153
    19  feet;
    20     (7)  north 72 degrees 35 minutes east, a distance of 535
    21  feet;
    22     (8)  south 37 degrees 02 minutes east, a distance of 1117
    23  feet to a corner common to the land of the subject owner and
    24  land now or late of John Rick Estate; thence, leaving land of
    25  said Schoener, et ux, and extending along land of said Rick
    26  Estate; and
    27     (9)  south 52 degrees 49 minutes west, a distance of 1221
    28  feet to the place of beginning.
    29     Containing in area 34.21 acres of land, more or less.
    30  Section 5.  Project 70 conditions.
    19780H2736B3672                 - 28 -

     1     The deed from the United States Government to the
     2  Commonwealth of Pennsylvania for the use of the Pennsylvania
     3  Game Commission shall contain the following clause:
     4     This indenture is given to provide land for recreation,
     5  conservation and historical purposes as said purposes are
     6  defined in the "Project 70 Land Acquisition and Borrowing Act."
     7  Section 6.  Effective date.
     8     This act shall take effect immediately.















    F27L53DGS/19780H2736B3672       - 29 -