PRINTER'S NO. 2788

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2228 Session of 1993


        INTRODUCED BY VANCE, NOVEMBER 24, 1993

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 24, 1993

                                     AN ACT

     1  Authorizing the release of Project 70 restrictions on certain
     2     land owned by the Township of Silver Spring, Cumberland
     3     County, in return for the imposition of Project 70
     4     restrictions on certain land to be obtained by the Township
     5     of Silver Spring, Cumberland County.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Authorization.
     9     Under the requirements of section 20(b) of the act of June
    10  22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
    11  Acquisition and Borrowing Act, the General Assembly hereby
    12  authorizes the release of Project 70 restrictions from the land
    13  owned by the Township of Silver Spring, Cumberland County
    14  described in section 2, in exchange for the imposition of
    15  Project 70 restrictions on the land described in section 3 to be
    16  obtained by the Township of Silver Spring, Cumberland County.
    17  Section 2.  Land to be released from Project 70 restrictions.
    18     All that certain lot, piece or parcel of land situate in the
    19  Township of Silver Spring, Cumberland County, designated Lot 3


     1  on the final subdivision plan of "Project 70" Property prepared
     2  by Pennoni Associates Inc., and being more particularly
     3  described as follows, to wit:
     4     Beginning at a point in the centerline of Carlisle Pike, the
     5  point being a common corner for this lot and lands now or
     6  formerly of Fredrick C. and Carole M. Frattaroli; thence south
     7  87 degrees 19 minutes east 548 feet along said centerline of
     8  Carlisle Pike, to a common corner with lands now or formerly of
     9  Lawrence Associates, Inc.; thence along the common line with
    10  lands of Lawrence Associates, Inc., south 4 degrees 2 minutes
    11  west 463.81 feet to a point; thence continuing along lands of
    12  Lawrence Associates, Inc., and along lands now or formerly of
    13  Jesse N. Aycock south 64 degrees 48 minutes west 505.74 feet to
    14  a point; thence by a new line of subdivision through "Project
    15  70" Property and along the common line with Lot 4 of the
    16  aforesaid plan of "Project 70" Property, north 25 degrees 12
    17  minutes west 192.55 feet to a common corner with the aforesaid
    18  lands of Frattaroli; thence by said lands north 2 degrees 41
    19  minutes east 530 feet to the point and place of beginning.
    20     Containing 7.30 acres, more or less.
    21  Section 3.  Two parcels of land on which Project 70 restrictions
    22                 are to be imposed.
    23                          PARCEL NUMBER 1
    24     All that certain lot, piece or parcel of land situate in the
    25  Township of Silver Spring, Cumberland County, being designated
    26  Lot 2, as shown on the final subdivision plan of Jesse N. Aycock
    27  Property prepared by Pennoni Associates Inc., and being more
    28  particularly described as follows, to wit:
    29     Beginning at a point on the northwesterly boundary lines of
    30  lands of Jesse N. Aycock, the point being a common corner for
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     1  this lot and Lot 1 of the aforesaid plan of Jesse N. Aycock, the
     2  point being distant the following 2 courses from the
     3  intersection of lands of now or formerly of Lawrence Associates,
     4  Inc., and lands now or formerly of the Township of Silver Spring
     5  and the southeasterly side of Carlisle Pike, 60 feet from the
     6  centerline thereof; thence south 4 degrees 2 minutes west 403.79
     7  feet to a point; thence continuing along lands of Lawrence
     8  Associates, Inc., lands of Township of Silver Spring and lands
     9  of Aycock, south 64 degrees 48 minutes west 505.74 feet to the
    10  point of beginning; thence by two new lines of subdivision
    11  through said lands of Aycock south 25 degrees 12 minutes east
    12  348.51 feet to a point; thence continuing along lands of Aycock,
    13  and along and existing fence line south 63 degrees 45 minutes 28
    14  seconds west 565 feet to a point on the common line with lands
    15  now or formerly of Rodger E. & Leah J. Hoke; thence north 40
    16  degrees 12 minutes 53 seconds west 371.46 feet to a point on the
    17  common line with lands now or formerly of Township of Silver
    18  Spring; thence north 64 degrees 48 minutes east 661.14 feet to
    19  the point and place of beginning.
    20     Containing 4.98 acres, more or less.
    21                          PARCEL NUMBER 2
    22     All that certain lot, piece or parcel of land situate in the
    23  Township of Silver Spring, Cumberland County, as shown on the
    24  Potteiger Subdivision Plan prepared by Pennoni Associates, Inc.,
    25  and being more particularly described as follows, to wit:
    26     Beginning at a point, said point an iron pin at the southeast
    27  corner of the intersection of the southern line of South Alley
    28  with the eastern line of a 50 feet wide proposed right-of-way;
    29  thence from said point of beginning and along the southern line
    30  of South Alley, north 81 degrees 30 minutes east a distance of
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     1  347.28 feet to an iron pin set at the northwest corner of a 2.12
     2  acre tract of land about to be conveyed to the Township of
     3  Silver Spring by Russell L. Potteiger and Robert L. Potteiger;
     4  thence by said land, south 16 degrees 26 minutes 23 seconds east
     5  a distance of 495.03 feet to an iron pin set at lands of the New
     6  Kingston Fire Company; thence along said lands, south 65 degrees
     7  35 minutes 41 seconds west a distance of 357.75 feet to an iron
     8  pin set on the eastern line of the aforementioned right-of-way;
     9  thence along said right-of-way, north 15 degrees 26 minutes 23
    10  seconds west a distance of 592.67 feet to a point, the place of
    11  beginning.
    12     Containing 4.35 acres, more or less.
    13  Section 4.  Deed restriction.
    14     The restriction to be included in the deed of conveyance for
    15  the two parcels of land described in section 3 shall read as
    16  follows:
    17         This indenture is given to provide land for recreation,
    18         conservation and historical purposes as said purposes are
    19         defined in the Project 70 Land Acquisition and Borrowing
    20         Act.
    21  Section 5.  Use of sale proceeds.
    22     An amount not to exceed $40,000 from the proceeds of the sale
    23  of the land described in section 2 may be used by the Township
    24  of Silver Spring to acquire Parcel Number 2 of the land
    25  described in section 3. The balance of the sale proceeds shall
    26  be deposited into a special account established by the Township
    27  of Silver Spring for acquisition and development of park,
    28  recreation and open space lands. None of the sale proceeds shall
    29  be disbursed from this special account until a plan is developed
    30  for use of the funds by the Township of Silver Spring and until
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     1  the plan has been approved by the Department of Community
     2  Affairs. Any sale proceeds remaining in the special account five
     3  years after the date of deposit by the Township of Silver Spring
     4  shall be paid to the Commonwealth for deposit into the Project
     5  70 Land Acquisition Sinking Fund.
     6  Section 6.  Effective date.
     7     This act shall take effect immediately.
















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