THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, APRIL 30, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 30, 2009  

AN ACT

Authorizing the release of Project 70 restrictions imposed on

certain land owned by Beaver County, being conveyed by Beaver

County in return for the imposition of Project 70

restrictions on certain land being conveyed to Beaver County

by the Department of Transportation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Beaver County.

(a)  Authorization.--Pursuant to the requirements of section

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

known as the Project 70 Land Acquisition and Borrowing Act, the

General Assembly hereby authorizes the release of Project 70

restrictions on a portion of lands owned by Beaver County, which

are more particularly described in subsection (c), in return for

imposition of Project 70 restrictions on land to be vacated by

the Department of Transportation to Beaver County, as described

in subsection (d). This release of Project 70 restrictions is

necessary due to the realignment of State Route 588, Section

B05, through Brush Creek Park, Beaver County.

(b)  Freedom of restrictions.--The lands described in

subsection (c), owned by Beaver County and being conveyed to the

Department of Transportation, shall be free of restrictions on

use and alienation imposed by Section 20 of the Project 70 Land

Acquisition and Borrowing Act upon the imposition of and

recording of the Project 70 deed restriction set forth in

subsection (e) on the parcel of replacement land vacated by the

Department of Transportation to Beaver County.

(c)  Lands to be released from restrictions.--The parcel of

land to be released from Project 70 restrictions is situated in

the Township of Marion, Beaver County, and more particularly

described as follows:

All that certain piece or parcel of land, situated in Marion

Township, County of Beaver, and State of Pennsylvania, bounded

and described as follows:

Beginning at a point on the northerly legal right of way line

of State Route 0588, said point being a distance of 16.5 feet

measured at right angles at a northerly direction from the right

of way baseline of said State Route at or about Station

16+25.00; thence in a northerly direction along said legal right

of way of State Route 0588 to a point, said point being a

distance of 18.5 feet measured at right angles at a northerly

direction from the right of way baseline of said State Route

0588 at or about Station 11+25.00; thence in a northeasterly

direction along said legal right of way line of State Route 0588

to a point, said point being a distance of 18.21 feet measured

at right angles at a northerly direction from the right of way

baseline of said State Route 0588 at or about Station 15+58.00;

thence in a southwesterly direction along the existing legal

right of way line of State Route 0588 to a point, said point

being a distance of 16.50 feet measure at right angles at a

northerly direction from the right of way baseline of said State

Route 0588 at or about Station 15+11.00; thence in a westerly

direction along said existing legal right of way line of State

Route 0588 to a point, said point being a distance of 16.5 feet

measure at right angles at a northerly direction from the right

of way baseline of said State Route 0588 at or about Station

11+25.00; thence through lands in which this is a part to the

point of beginning. Containing 0.019 acres more or less.

(d)  Land on which restrictions are to be imposed.--The

replacement parcel to be subject to the restrictions in exchange

for the parcel described in subsection (c) is located in the

Township of Marion, Beaver County, and more particularly

described as follows:

All that certain piece of parcel of land, situated in Marion

Township, county of Beaver, and state of Pennsylvania, bounded

and described as follows:

Beginning at a point on the northerly existing legal right of

way line of State Route 0588, said point being a distance of 48

feet measured at right angles at a northerly direction from the

right of way baseline of said State Route at or about Station

17+31.00; thence in a northeasterly direction along said

existing legal right of way line of State Route 0588 to a point,

said point being a distance of 63 feet measured at right angles

at a northerly direction from the right of way baseline of said

State Route 0588 at or about Station 18+01.00; thence,

southeasterly, with a curve to the right having a radius of 386

feet, with said existing right of way line of State Route 0588

157 feet, more or less, to a point 59.25 feet measured at right

angles at a northerly direction from the right of way baseline

of said State Route 0588 at or about Station 19+59.00; thence in

a southeasterly direction along said existing legal right of way

line of State Route 0588 to a point, said point being a distance

of 38 feet measured at right angles at a northerly direction

from the right of way baseline of said State Route 0588 at or

about Station 20+48.00; thence in a southwesterly direction

along a legal right of way line of State Route 0588 to a point,

said point being a distance of 39 feet measured at right angles

at a northerly direction from the right of way baseline of said

State Route 0588 at or about Station 19+72.00; thence in a

northwesterly direction along the lands of Roger Miller and

Sandy Miller to a point, said point being a distance of 43 feet

measured at right angles at a northerly direction from the right

of way baseline of said State Route at or about Station

19+55.00; thence, southwesterly, with a curve to the left having

a radius of 369.65 feet, along the lands of Roger Miller and

Sandy Miller to a point 150 feet, more or less, to a point 47

feet measured at right angles at a northerly direction from the

right of way baseline of said State Route 0588 at or about

Station 18+04.00; thence in a southwesterly direction along said

lands of Roger Miller and Sandy Miller to a point, said point

being a distance of 36 feet measured at right angles at a

northerly direction from the right of way baseline of said State

Route at or about Station 17+53.00; thence in a northwesterly

direction along a legal right of way line of SR 0588 to a point,

said point being a distance of 48 feet measure at right angles

at a northerly direction from the right of way baseline of said

State Route 0588 at or about Station 17+31.00; thence through

lands in which this is a part to the point of beginning.

Containing 0.102 acres more or less.

Above described parcel being part of larger parcel or tract

of land conveyed to Beaver County (Brush Creek Park) by deed

recorded in the Beaver County Recorder of Deeds in Highway Book

12, Page 182-196.

(e)  Deed restriction.--The deed restriction to be

transferred to the parcel described in subsection (d) shall read

as follows:

This indenture is given to provide land for recreation,

conservation and historical purposes, as said purposes

are defined in the act of June 22, 1964 (Sp.Sess.,

P.L.131, No.8), known as the Project 70 Land Acquisition

and Borrowing Act.

Section 2.  Effective date.

This act shall take effect immediately.