SENATE AMENDED
PRIOR PRINTER'S NOS. 2454, 2948 PRINTER'S NO. 4125
No. 1937 Session of 1997
INTRODUCED BY MASLAND, OCTOBER 21, 1997
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, NOVEMBER 16, 1998
AN ACT
1 Authorizing the Borough of Carlisle, Cumberland County, to sell <--
2 certain Project 70 lands free of Project 70 restrictions in
3 return for use of the sale proceeds to assist the Central
4 Pennsylvania Conservancy purchase a tract of land; and
5 authorizing the Department of General Services to convey a
6 tract of land located in Somerset Township, Somerset County.
7 AUTHORIZING THE CITY OF ERIE, ERIE COUNTY, TO SELL AND CONVEY <--
8 CERTAIN PROJECT 70 LANDS FREE OF RESTRICTIONS IMPOSED BY THE
9 PROJECT 70 LAND ACQUISITION AND BORROWING ACT.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. (a) Authorization.--Under the requirements of <--
13 section 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131,
14 No.8), known as the Project 70 Land Acquisition and Borrowing
15 Act, the General Assembly hereby authorizes the release of
16 Project 70 restrictions from the two tracts of land described in
17 section 2 and owned by the Borough of Carlisle, Cumberland
18 County, in exchange for use of the sale proceeds to assist the
19 Central Pennsylvania Conservancy purchase 15.03 acres of land
20 known as the Seven Gables Tract located in Carlisle Borough and
1 South Middleton Township.
2 (b) Land to be released from Project 70 restrictions.--
3 Tract No. 1
4 All that certain tract of land situate in North Middleton
5 Township, Cumberland County, Pennsylvania, being Lot No. 2 of
6 the Preliminary/Final Subdivision Plan for the Borough of
7 Carlisle, dated September 2, 1997, and recorded in the office of
8 the Recorder of Deeds for Cumberland County on September 16,
9 1997, in Plan Book 75, page 75, to wit:
10 BEGINNING at a point in the road bed of Cavalry Road (S.R.1001)
11 at lands now or formerly of the Cavalry Road Church of God;
12 thence from said point of beginning in and through said road bed
13 the following two courses and distances:
14 1. South 49 degrees 39 minutes 50 seconds East 390.13
15 feet to a point;
16 2. South 30 degrees 05 minutes 10 seconds East 360.28
17 feet to a point at lands now or formerly of the
18 Pennsylvania Turnpike Commission;
19 thence leaving said road bed and along said lands of the
20 Pennsylvania Turnpike Commission, South 72 degrees 13 minutes 28
21 seconds West 776.58 feet to an iron pin set at the corner of Lot
22 No. 1 of the aforementioned Preliminary/Final Subdivision Plan
23 for The Borough of Carlisle: thence along said Lot No. 1 the
24 following five courses and distances:
25 1. North 26 degrees 44 minutes 00 seconds West 99.24
26 feet to an iron pin set;
27 2. North 34 degrees 19 minutes 11 seconds West 157.96
28 feet to an iron pin set;
29 3. North 54 degrees 02 minutes 43 seconds West 245.78
30 feet to an iron pin set;
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1 4. South 88 degrees 55 minutes 26 seconds West 132.65
2 feet to an iron pin set;
3 5. South 67 degrees 19 minutes 24 seconds West 147.40
4 feet to an iron pin set at lands now or formerly of
5 Charles W. Travitz, Jr. and Isabelle M. Travitz;
6 thence by said lands of Travitz, North 21 degrees 08 minutes 10
7 seconds West 182.07 feet to a point in the road bed of Spring
8 Road (S.R. 0034); thence in and through said road bed, North 59
9 degrees 42 minutes 00 seconds East 126.78 feet to a point at
10 lands now or formerly of the Cavalry Road Church of God; thence
11 leaving said road bed of Spring Road (S.R. 0034) and along said
12 lands of the Cavalry Road Church of God, North 72 degrees 10
13 minutes 00 seconds East 860.34 feet to a point at the place of
14 Beginning.
15 CONTAINING 13.6691 acres.
16 Tract No. 2
17 All that certain tract of land situate in North Middleton
18 Township, Cumberland County, Pennsylvania, being Lot No. 3 of
19 the Preliminary/Final Subdivision Plan for the Borough of
20 Carlisle dated September 2, 1997, and recorded in the Office of
21 the Recorder of Deeds for Cumberland County on September 16,
22 1997, in Plan Book 75 page 75, to wit:
23 BEGINNING at a point in the road bed of Spring Road (S.R. 0034)
24 at lands now or formerly of Irvin E. Bidelspach; thence from
25 said point of beginning in and through said road bed the
26 following two courses and distances:
27 1. North 68 degrees 20 minutes 50 seconds East 582.30
28 feet to a point;
29 2. North 59 degrees 55 minutes 50 seconds East 71.65
30 feet to a point at lands now or formerly of Vivian M.
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1 Shaffer;
2 thence leaving said road bed of Spring Road (S.R. 0034) and
3 along said lands of Shaffer, South 16 degrees 13 minutes 50
4 seconds East 126.39 feet to an iron pin set at the corner of Lot
5 No. 1 of the aforementioned Preliminary/Final Subdivision Plan
6 for The Borough of Carlisle; thence along said Lot No. 1 the
7 following four courses and distances:
8 1. South 73 degrees 59 minutes 30 seconds West 261.48
9 feet to an iron pin set;
10 2. South 67 degrees 41 minutes 46 seconds West 214.68
11 feet to an iron pin set;
12 3. South 09 degrees 46 minutes 46 seconds East 114.43
13 feet to an iron pin set;
14 4. South 40 degrees 56 minutes 32 seconds West 158.98
15 feet to an iron pin set;
16 thence by the same in part and along lands now or formerly of
17 Irvin E. Bidelspach North 22 degrees 00 minutes 00 seconds West
18 277.22 feet to a point at the place of Beginning.
19 CONTAINING 1.9477 acres.
20 (c) Use of sale proceeds.--The net proceeds, selling price
21 less expenses, from the sale of the land described in section 2
22 shall be used by the Borough of Carlisle to assist the Central
23 Pennsylvania Conservancy with purchase of the Seven Gables
24 Tract. Any of the net proceeds which are not provided to the
25 Central Pennsylvania Conservancy for the purchase of the Seven
26 Gables Tract shall be deposited into a special account
27 established by the Borough of Carlisle for acquisition or
28 development of other park lands.
29 (d) Deed clause.--The Central Pennsylvania Conservancy deed
30 to the Seven Gables Tract shall include the following clause:
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1 "This land was acquired for recreation, conservation and
2 historical purposes as said purposes are defined in the
3 act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as
4 the Project 70 Land Acquisition and Borrowing Act."
5 Section 2. (a) Authorization.--The Department of General
6 Services, with the approval of the Governor, is hereby
7 authorized and directed, on behalf of the Commonwealth of
8 Pennsylvania, to grant and convey, Somerset Christian
9 Fellowship, the described tract of land in subsection (b) for
10 fair market value as determined by an independent appraisal.
11 (b) Description.--Beginning at an existing iron pin/cap and
12 on the jurisdictional division line between lands of the
13 Somerset Christian Fellowship and lands of the Commonwealth of
14 Pennsylvania. Thence along lands of the Commonwealth of
15 Pennsylvania and the Somerset Christian Fellowship the following
16 courses and distances;
17 (1) South 65 degrees 43 minutes 09 seconds East, 403.22
18 feet to set iron pin/cap;
19 (2) North 39 degrees 36 minutes 00 seconds East, 238.77
20 feet to set iron pin/cap;
21 (3) South 22 degrees 49 minutes 30 seconds West, 32.30
22 feet to set iron pin/cap;
23 (4) South 38 degrees 46 minutes 00 seconds West, 139.80
24 feet to set iron pin/cap;
25 (5) South 66 degrees 05 minutes 15 seconds East, 49.00
26 feet to set iron/pin cap;
27 (6) South 20 degrees 05 minutes 15 seconds West, 145.67
28 feet to set iron/pin cap;
29 (7) North 65 degrees 21 minutes 15 seconds West, 370.50
30 feet to set iron/pin cap;
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1 (8) North 32 degrees 20 minutes 00 seconds West, 145.30
2 feet to set iron/pin cap;
3 Containing approximately .936 acres.
4 (c) Easement.--The conveyance shall be made under and
5 subject to all easements, servitudes and rights of others,
6 including but not confined to, streets, roadways and rights of
7 telephone, telegraph, water, electric, sewer, gas or pipeline
8 companies, as well as under and subject to any interest, estates
9 or tenancies vested in third persons, whether or not appearing
10 of record, for any portion of the land or improvements erected
11 thereon.
12 (d) Deed.--The deed of conveyance shall be approved as
13 provided by law and shall be executed by the Secretary of
14 General Services in the name of the Commonwealth of
15 Pennsylvania.
16 (e) Costs.--The costs and fees incidental to this conveyance
17 shall be borne by the grantee.
18 Section 3. Effective date.
19 This act shall take effect immediately.
20 SECTION 1. (A) AUTHORIZATION.--PURSUANT TO THE REQUIREMENTS <--
21 OF SECTION 20(B) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.131,
22 NO.8), KNOWN AS THE PROJECT 70 LAND ACQUISITION AND BORROWING
23 ACT, THE GENERAL ASSEMBLY HEREBY AUTHORIZES THE RELEASE OF
24 PROJECT 70 RESTRICTIONS AND SALE OF THE LANDS OWNED BY THE CITY
25 OF ERIE WHICH ARE MORE PARTICULARLY DESCRIBED IN SUBSECTION (C)
26 FOR A CONSIDERATION OF $150,000, WHICH SUM REPRESENTS THE FAIR
27 MARKET VALUE OF THE PROPERTY AS DETERMINED BY AN APPRAISAL.
28 (B) FREEDOM OF RESTRICTIONS.--THE LANDS DESCRIBED IN
29 SUBSECTION (C) SHALL BE FREE OF RESTRICTIONS ON USE AND
30 ALIENATION IMPOSED BY THE PROJECT 70 LAND ACQUISITION AND
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1 BORROWING ACT UPON CONVEYANCE OF SAID LANDS BY THE CITY OF ERIE.
2 (C) LAND TO BE RELEASED FROM RESTRICTIONS.--THE PARCEL OF
3 LAND TO BE RELEASED FROM PROJECT 70 RESTRICTIONS IS SITUATED IN
4 THE CITY OF ERIE, ERIE COUNTY, AND MORE PARTICULARLY DESCRIBED
5 AS FOLLOWS:
6 BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH
7 RIGHT-OF-WAY OF WEST GRANDVIEW BOULEVARD AND THE WEST RIGHT-OF-
8 WAY OF ELLSWORTH AVENUE. THENCE ALONG SAID RIGHT-OF-WAY OF
9 ELLSWORTH AVENUE, NORTH 27 DEGREES 46 MINUTES 19 SECONDS WEST,
10 1290.92 FEET TO AN IRON PIN; CONTINUING ALONG SAID RIGHT-OF-WAY,
11 CURVING TO THE RIGHT, WITH A RADIUS OF 450.00 FEET; AN ARC
12 DISTANCE OF 62.74 FEET TO AN IRON PIN; CONTINUING ALONG SAID
13 RIGHT-OF-WAY, CURVING TO THE LEFT, WITH A RADIUS OF 390.00 FEET;
14 AN ARC DISTANCE OF 57.27 FEET TO AN IRON PIN: CONTINUING ALONG
15 SAID RIGHT-OF-WAY, NORTH 28 DEGREES 11 MINUTES 49 SECONDS WEST,
16 16.20 FEET TO AN IRON PIN; THENCE SOUTH 80 DEGREES 43 MINUTES 46
17 SECONDS WEST, 238.23 FEET TO A STONE MONUMENT IN LANDS OF THE
18 HOUSING AUTHORITY OF THE CITY OF ERIE; THENCE ALONG SAID LANDS,
19 SOUTH 28 DEGREES 09 MINUTES 18 SECONDS EAST, 245.62 FEET TO A
20 MONUMENT; THENCE ALONG SAID LANDS, SOUTH 60 DEGREES 49 MINUTES
21 43 SECONDS WEST, 246.25 FEET TO A MONUMENT; THENCE ALONG THE
22 LANDS OF LAKE ERIE COLLEGE OF OSTEOPATHIC MEDICINE, SOUTH 28
23 DEGREES 08 MINUTES 21 SECONDS EAST, 960.22 FEET TO A MONUMENT;
24 THENCE ALONG THE LANDS OF FSJ RENTAL PROPERTIES, NORTH 60
25 DEGREES 59 MINUTES 06 SECONDS EAST, 246.50 FEET TO A MONUMENT;
26 THENCE BY SAID LANDS, SOUTH 28 DEGREES 09 MINUTES 18 SECONDS
27 EAST, 300.36 FEET TO A MONUMENT IN THE NORTH RIGHT-OF-WAY OF
28 WEST GRANDVIEW BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH
29 60 DEGREES 59 MINUTES 40 SECONDS EAST, 207.87 FEET TO AN IRON
30 PIN, POINT OF BEGINNING.
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1 CONTAINING 12.617 ACRES
2 (D) USE OF PROCEEDS.--THE $150,000 CONSIDERATION FROM THE
3 SALE OF THE LAND SHALL BE DEPOSITED IN A SPECIAL ACCOUNT
4 ESTABLISHED BY THE CITY OF ERIE FOR ACQUISITION OR DEVELOPMENT
5 OF PARK LAND. USE OF FUNDS FROM THE SPECIAL ACCOUNT MUST BE
6 APPROVED BY THE DEPARTMENT OF CONSERVATION AND NATURAL
7 RESOURCES.
8 (E) CONDITION OF SALE.--THE CITY OF ERIE SHALL AUTHORIZE THE
9 SALE OF THE PROPERTY DESCRIBED IN SECTION 3 AND CONVEY SUCH
10 PROPERTY UNDER THE TERMS AND CONDITIONS PROVIDED HEREIN TO THE
11 LAKE ERIE COLLEGE OF OSTEOPATHIC MEDICINE, A PENNSYLVANIA
12 NONPROFIT CORPORATION, OF THE CITY OF ERIE, COUNTY OF ERIE,
13 STATE OF PENNSYLVANIA. ALL COSTS AND FEES INCIDENTAL TO THE
14 CONVEYANCE SHALL BE BORNE BY THE GRANTEE.
15 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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