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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MANDERINO, BRIGGS, GERBER, BEYER, CALTAGIRONE, DALEY, KORTZ, KULA, MAHONEY, MURT AND PHILLIPS, JANUARY 28, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2009 |
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| AN ACT |
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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. |
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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 |
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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, |
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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. |
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