PRINTER'S NO. 1307
No. 1159 Session of 1987
INTRODUCED BY PHILLIPS, APRIL 27, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 1987
AN ACT
1 Authorizing the release of Project 70 restrictions imposed on
2 certain lands owned by the Borough of Shamokin Dam, Snyder
3 County, in return for the imposition of Project 70
4 restrictions on certain lands in Shamokin Dam, Snyder County,
5 to be conveyed by R. Edward Nestlerode, Sr., R. Edward
6 Nestlerode, Jr., and Joseph R. Nestlerode, Sr., to the
7 Borough of Shamokin Dam.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Authorization.
11 Pursuant to the requirements of section 20(b) of the act of
12 June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
13 Land Acquisition and Borrowing Act, the General Assembly hereby
14 authorizes the release of the restrictions imposed by section 20
15 of the Project 70 Land Acquisition and Borrowing Act from the
16 lands owned by the Borough of Shamokin Dam, Snyder County, and
17 more particularly described in section 3 in exchange for the
18 imposition of the section 20 restrictions on lands owned by R.
19 Edward Nestlerode, Sr., R. Edward Nestlerode, Jr., and Joseph R.
20 Nestlerode, Sr., and more particularly described in section 4.
1 Section 2. Freedom of restrictions.
2 The lands described in section 3 and owned by the Borough of
3 Shamokin Dam shall be free of the restrictions on use and
4 alienation imposed by section 20 of the act of June 22, 1964
5 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
6 Acquisition and Borrowing Act, upon the imposition of and
7 recording of the Project 70 deed restrictions set forth in
8 section 5 on the parcel of replacement land owned by R. Edward
9 Nestlerode, Sr., R. Edward Nestlerode, Jr., and Joseph R.
10 Nestlerode, Sr., described in section 4.
11 Section 3. Land to be free from restrictions.
12 The parcel of land authorized to be released from
13 restrictions is located in the Borough of Shamokin Dam and more
14 particularly described as follows:
15 Beginning at a point located at the northwest junction of
16 lands now or formerly of the Borough of Shamokin Dam and lands
17 now or formerly of the Nestlerodes, said point being located 30
18 feet south of the center line of the Sunbury Bridge, thence the
19 following courses and distances: (1) south 81 degrees 02 minutes
20 east, a distance of 125.00 feet to a point; (2) south 23 degrees
21 10 minutes west, a distance of 20.00 feet to a point; (3) south
22 81 degrees 02 minutes east, a distance of 60.00 feet to a point
23 located 50.00 feet south of the center line of the Sunbury
24 Bridge and under the waters of the Susquehanna River; (4) south
25 18 degrees 35 minutes west, a distance of 179.74 feet to a
26 point; (5) south 13 degrees 05 minutes west, a distance of
27 131.50 feet to a point; (6) south 17 degrees 48 minutes west, a
28 distance of 160.70 feet to a point; (7) south 02 degrees 34
29 minutes east, a distance of 30.00 feet to a point; (8) south 11
30 degrees 48 minutes west, a distance of 73.10 feet to a point;
19870H1159B1307 - 2 -
1 (9) south 19 degrees 47 minutes west, a distance of 251.60 feet
2 to a point; (10) south 42 degrees 40 minutes west, a distance of
3 55.00 feet to a point; (11) south 22 degrees 57 minutes west, a
4 distance of 161.65 feet to a point; (12) north 70 degrees 23
5 minutes west, along a chord having a radius of 1,400 feet and an
6 arc of 333.71 feet for a distance of 332.92 feet to a point;
7 (13) north 28 degrees 56 minutes east, a distance of 456.82 feet
8 to a point; (14) north 27 degrees 17 minutes east, a distance of
9 460.00 feet to a point; (15) south 60 degrees 40 minutes east, a
10 distance of 5.00 feet to a point; (16) north 13 degrees 10
11 minutes east, a distance of 86.80 feet to a point; (17) south 57
12 degrees 10 minutes east, a distance of 6.00 feet to a point;
13 (18) north 25 degrees 31 minutes east, a distance of 30.00 feet
14 to the point and place of beginning.
15 Containing 6.26 acres of land, more or less, as described by
16 Peter J. Uhl, Registered Surveyor, in Drawing No. D-87-852.
17 Section 4. Land on which restrictions are to be imposed.
18 The replacement parcel to be subject to restrictions in
19 exchange for the parcel described in section 3 is located in the
20 Borough of Shamokin Dam and more particularly described as
21 follows:
22 Parcel A. 0.63 acres, more or less.
23 Beginning at a point on the southern boundary of the right-
24 of-way of Legislative Route 25, said point being an iron pin at
25 the northernmost junction of lands now or formerly of the
26 Borough of Shamokin Dam and lands now or formerly of the
27 Nestlerodes, thence the following courses and distances: (1)
28 south 28 degrees 03 minutes 40 seconds west, a distance of
29 154.95 feet to an iron pin; (2) south 57 degrees 20 minutes 20
30 seconds east, a distance of 18.00 feet to an iron pin; (3) south
19870H1159B1307 - 3 -
1 61 degrees 24 minutes 40 seconds west, a distance of 27.00 feet
2 to an iron pin; (4) south 27 degrees 45 minutes 40 seconds west,
3 a distance of 315.71 feet to an iron pin; (5) north 61 degrees
4 15 minutes 00 seconds west, a distance of 61.08 feet to an
5 existing iron pipe; (6) north 26 degrees 10 minutes 00 seconds
6 east, a distance of 152.00 feet to an iron pin; (7) south 62
7 degrees 11 minutes 40 seconds east, a distance of 15.30 feet to
8 an iron pin; (8) north 27 degrees 45 minutes 40 seconds east, a
9 distance of 167.01 feet to an iron pin; (9) north 62 degrees 11
10 minutes 40 seconds west, a distance of 53.50 feet to an iron
11 pin; (10) north 27 degrees 48 minutes 20 seconds east, a
12 distance of 30.50 feet to an iron pin; (11) south 62 degrees 11
13 minutes 40 seconds east, a distance of 39.00 feet to an iron
14 pin; (12) north 34 degrees 41 minutes 10 seconds east, a
15 distance of 76.67 feet to an iron pin; (13) north 65 degrees 42
16 minutes 00 seconds east, a distance of 86.28 feet to the point
17 and place of beginning.
18 Containing 0.63 acres of land, more or less.
19 Parcel B. 1.34 acres, more or less.
20 Beginning at a point on the northern boundary of the right-
21 of-way of Seventh Avenue, said point being an iron pin located
22 at the southern junction of lands now or formerly of the Borough
23 of Shamokin Dam and lands now or formerly of the Nestlerodes,
24 thence the following courses and distances: (1) north 60 degrees
25 55 minutes 40 seconds west, a distance of 90.00 feet to an iron
26 pin; (2) north 28 degrees 06 minutes 40 seconds east, a distance
27 of 181.00 feet to an iron pin; (3) north 60 degrees 43 minutes
28 20 seconds west, a distance of 10.00 feet to an iron pin; (4)
29 north 29 degrees 37 minutes 40 seconds east, a distance of 45.22
30 feet to an iron pin; (5) north 58 degrees 08 minutes 23 seconds
19870H1159B1307 - 4 -
1 west, a distance of 30.50 feet to an iron pin; (6) north 28
2 degrees 36 minutes 40 seconds east, a distance of 66.15 feet to
3 an iron pin; (7) south 58 degrees 08 minutes 20 seconds east, a
4 distance of 10.00 feet to an iron pin; (8) north 19 degrees 59
5 minutes 40 seconds east, a distance of 122.04 feet to an iron
6 pin; (9) north 25 degrees 38 minutes 00 seconds east, a distance
7 of 164.68 feet to an existing iron pipe; (10) south 61 degrees
8 15 minutes 00 seconds east, a distance of 5.00 feet to an iron
9 pin; (11) north 26 degrees 10 minutes 00 seconds east, a
10 distance of 82.00 feet to an iron pin; (12) south 61 degrees 15
11 minutes 00 seconds east, a distance of 56.08 feet to an iron
12 pin; (13) south 26 degrees 10 minutes 00 seconds west, a
13 distance of 82.00 feet to an iron pin; (14) south 61 degrees 15
14 minutes 00 seconds east, a distance of 37.97 feet to an iron
15 pin; (15) south 24 degrees 32 minutes 20 seconds west, a
16 distance of 290.88 feet to an iron pin; (16) south 22 degrees 38
17 minutes 40 seconds west, a distance of 108.83 feet to an iron
18 pin; (17) south 23 degrees 13 minutes 00 seconds west, a
19 distance of 181.65 feet to the point and place of beginning.
20 Containing 1.34 acres of land, more or less.
21 Parcel C. 2.28 acres, more or less.
22 Beginning at a point on the southern boundary of the right-
23 of-way of Seventh Avenue, said point being a spike located on
24 the northern junctions of lands now or formerly of James S. Gee
25 and lands now or formerly of the Nestlerodes, thence the
26 following courses and distances: (1) south 60 degrees 55 minutes
27 40 seconds east, a distance of 92.90 feet to a spike; (2) south
28 27 degrees 09 minutes 00 seconds west, a distance of 324.80 feet
29 to an iron pin; (3) south 44 degrees 53 minutes 00 seconds west,
30 a distance of 340.00 feet to an iron pin; (4) south 51 degrees
19870H1159B1307 - 5 -
1 34 minutes 20 seconds west, a distance of 258.63 feet to an iron
2 pin in the center line of Eighth Avenue; (5) north 52 degrees 15
3 minutes 00 seconds west, a distance of 113.54 feet to a spike in
4 the center line of Eighth Avenue; (6) north 51 degrees 19
5 minutes 00 seconds east, a distance of 183.63 feet to a concrete
6 monument; (7) north 42 degrees 31 minutes 40 seconds east, a
7 distance of 154.43 feet to a concrete monument; (8) north 47
8 degrees 26 minutes 00 seconds east, a distance of 49.58 feet to
9 an iron pin; (10) south 37 degrees 47 minutes 00 seconds east, a
10 distance of 35.55 feet to an iron pin; (11) north 51 degrees 30
11 minutes 00 seconds east, a distance of 48.20 feet to an iron
12 pin; (12) north 38 degrees 04 minutes 00 seconds west, a
13 distance of 38.96 feet to a point located under an existing
14 brick building; (13) north 47 degrees 26 minutes 00 seconds
15 east, a distance of 229.21 feet to an iron pin; (14) north 27
16 degrees 09 minutes 00 seconds east, a distance of 244.40 feet to
17 the point and place of beginning.
18 Containing 2.28 acres of land, more or less.
19 Parcel D. 0.15 acres, more or less.
20 Beginning at a point in the center line of Legislative Route
21 54067, said point being north 62 degrees 11 minutes 40 seconds
22 west, a distance of 19.57 feet from an existing iron pin on the
23 boundary between lands now or formerly of Joseph C. DiMeglio and
24 lands now or formerly of the Nestlerodes, thence the following
25 courses and distances: (1) north 27 degrees 45 minutes 40
26 seconds east, a distance of 44.98 feet along the center line of
27 Legislative Route 54067 to a point; (2) south 62 degrees 11
28 minutes 40 seconds east, a distance of 151.00 feet to an iron
29 pin; (3) south 27 degrees 45 minutes 40 seconds west, a distance
30 of 44.98 feet to an iron pin; (4) north 62 degrees 11 minutes 40
19870H1159B1307 - 6 -
1 seconds west, a distance of 151.00 feet to the point and place
2 of beginning.
3 Containing 0.15 acres of land, more or less.
4 Said parcels being more fully described by Peter J. Uhl,
5 Registered Surveyor, in Drawing No. E-87-848, dated February
6 1987.
7 Section 5. Description of deed restrictions.
8 The deed restriction to be transferred to the parcel
9 described in section 4 shall read as follows:
10 This indenture is given to provide land for recreation,
11 conservation and historical purposes as said purposes are
12 defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
13 known as the Project 70 Land Acquisition and Borrowing Act.
14 Section 6. Restriction of revenue.
15 The proceeds from the sale of the land described in section 3
16 shall be deposited in a special account established by the
17 Borough of Shamokin Dam. The special account shall be used by
18 the Borough of Shamokin Dam for development of recreation
19 facilities on the land described in section 4.
20 Section 7. Effective date.
21 This act shall take effect immediately.
C19L85RZ/19870H1159B1307 - 7 -