PRINTER'S NO.  102

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

109

Session of

2009

  

  

INTRODUCED BY MANDERINO, BRIGGS, GERBER, BEYER, CALTAGIRONE, DALEY, KORTZ, KULA, MAHONEY, MURT AND PHILLIPS, JANUARY 28, 2009

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2009  

  

  

  

AN ACT

  

1

Authorizing Lower Merion Township, Montgomery County, to sell

2

and convey certain Project 70 lands free of restrictions

3

imposed by the Project 70 Land Acquisition and Borrowing Act,

4

in return for the imposition of Project 70 restrictions on

5

other land to be acquired by the township.

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

12

authorizes the release of Project 70 restrictions on a portion

13

of lands owned by Lower Merion Township, Montgomery County,

14

which are more particularly described in section 3, for a

15

consideration of $180,000, which represents the fair market

16

value of the property as determined by an appraisal, in return

17

for imposition of Project 70 restrictions on other land to be

18

conveyed and deeded to the township, as described in section 4.

19

Section 2.  Freedom of restrictions.

 


1

The lands described in section 3 shall be free of

2

restrictions on use and alienation imposed by the Project 70

3

Land Acquisition and Borrowing Act upon conveyance of the lands

4

by Lower Merion Township.

5

Section 3.  Land to be released from restrictions.

6

The section of the land to be released from Project 70

7

restrictions are situated in the Township of Lower Merion,

8

Montgomery County, and more particularly described as follows:

9

All that certain lot or piece of ground with the buildings

10

and improvements thereon erected, situate in Lower Merion

11

Township, Montgomery County, Pennsylvania and described

12

according to the final subdivision plan for Portions of 112 Mary

13

Waters Ford Road, prepared for Lower Merion Township, by Pennoni

14

Associates, Inc., dated November 27, 2006, last revised March

15

19, 2008, as follows to wit:

16

Beginning at the point on the easterly side of Smith Drive

17

(50 feet wide) which point is located the following four courses

18

and distances from the intersection of the centerline of Mary

19

Waters Ford Road with the easterly side of the above mentioned

20

Smith Drive (50 feet wide) as follows: (1) extending along the

21

easterly side of Smith Drive (50 feet wide) S 25°01'00" E, the

22

distance of 100.98 feet to a point of curvature; thence (2)

23

along the arc of a circle curving to the right having a radius

24

of 710.58 feet the arc distance of 99.84 feet to a point of

25

reverse curvature; thence (3) along the arc of a circle of

26

reverse curvature curving the left with a radius of 710.58 feet

27

the arc distance of 99.84 feet to a point on the easterly side

28

of Smith Drive; thence (4) S 25°01'00" E, the distance of 88.33

29

feet to the place of beginning; thence extending from said point

30

of beginning N 68°21'37" E the distance of 160.88 feet to a

- 2 -

 


1

point; thence S 21°38'23" E the distance of 90.68 feet to a

2

point; thence S 64°59'00" W the distance of 155.26 feet to the

3

easterly side of the aforesaid Smith Drive; thence extending

4

along the easterly side of said Smith Drive N 25°01'00" W the

5

distance of 100.00 feet to the first mentioned point and place

6

of beginning and containing these metes and bounds 15,057 square

7

feet of land, more or less. Be the contents thereof what they

8

may.

9

Section 4.  Use of sale proceeds.

10

The consideration of $180,000 from the sale of the land shall

11

be deposited in a special account established by Lower Merion

12

Township for acquisition of park land. Within two years of the

13

effective date of this act, the township shall acquire park land

14

of equal market value and equivalent usefulness to replace the

15

land described in section 3. Use of funds from the special

16

account must be approved by the Department of Conservation and

17

Natural Resources. Any funds remaining in the special account

18

after two years of the effective date of this act shall be paid

19

to the Commonwealth for deposit into the Project 70 Land

20

Acquisition Sinking Fund.

21

Section 5.  Remedies.

22

If Lower Merion Township fails to comply with section 4, the

23

Department of Conservation and Natural Resources may invoke the

24

remedies provided for in section 20 of the act of June 22, 1964

25

(Sp.Sess., P.L.131, No.8), known as the Project 70 Land

26

Acquisition and Borrowing Act.

27

Section 6.  Project 70 deed clause.

28

The following restrictions shall be included in the deed for

29

the replacement land:

30

"This indenture is given to provide land for recreation,

- 3 -

 


1

conservation and historical purposes, as said purposes are

2

defined in the Project 70 Land Acquisition and Borrowing Act."

3

Section 7.  Effective date.

4

This act shall take effect immediately.

- 4 -