THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, FEBRUARY 26, 2010

REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 2010  

AN ACT

Authorizing the release of Project 70 restrictions imposed on

certain lands owned by the City of York, York County; and

imposing Project 70 restrictions on certain lands being

conveyed to the City of York.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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 the restrictions imposed by section 20

of the Project 70 Land Acquisition and Borrowing Act from the

land owned by the City of York, York County, more particularly

described under section 3, in exchange for the imposition of the

section 20 restrictions on lands owned by the Housing Authority

of the City of York being conveyed to the City of York and more

particularly described in section 4.

Section 2.  Freedom of restrictions.

The land described in section 3, owned by the City of York,

shall be free of the restrictions on use and alienation imposed

by section 20 of the act of June 22, 1964 (Sp.Sess., P.L.131,

No.8), known as the Project 70 Land Acquisition and Borrowing

Act, upon the imposition of and recording of the Project 70 deed

restrictions set forth under section 5 on the parcel of

replacement land owned by the Housing Authority of the City of

York, and being conveyed to the City of York, described under

section 4.

Section 3.  Land to be free from restrictions.

The parcel of land authorized to be released from

restrictions is located in the City of York, York County, and

more particularly described as follows:

BEGINNING at a point 110 feet south from where the south right-

of-way line of West Princess Street intersects with the west

right-of-way line of South Newberry Street; THENCE, South 22

degrees 22 minutes 10 seconds East along the west right-of-way

line of South Newberry Street for a distance of 377.80 feet to a

point where said line intersects with the north right-of-way

line of West College Avenue; THENCE, South 67 degrees 34 minutes

00 seconds West along the north right-of-way line of West

College Avenue for a distance of 140.00 feet to a point where

said line intersects with the east property line of property

owned now or formerly by Kenneth R. and Shirley A. Thoman;

THENCE, North 22 degrees 22 minutes 10 seconds West along said

property line of Kenneth R. and Shirley A. Thoman and projected

across a 12 foot wide unnamed public alley for a total distance

of 132.05 feet to a point where said line intersects with the

North right-of-way line of the aforementioned 12 foot wide

unnamed public alley; THENCE, South 67 degrees 41 minutes 00

seconds West along the north right-of-way line of said alley for

a distance of 200.12 feet to a point where said line intersects

with the West right-of-way line of Stone Alley; THENCE, South.

22 degrees 23 minutes 00 seconds East along the west right-of-

way line of Stone Alley for a distance of 132.44 feet to a point

where said line intersects with the north right-of-way line of

West College Avenue; THENCE, South 67 degrees 34 minutes 00

seconds West along the north right-of-way line of West College

Avenue for a distance of 194.32 feet to a point where said line

intersects with the east right-of-way line of Brooklyn Alley, a

20 foot wide public alley; THENCE, North 21 degrees 44 minutes

50 seconds West along the east right-of-way line of Brooklyn

Alley for a total distance of 338.35 feet to a point where said

line intersects with the South right-of-way line of a 12 foot

wide unnamed public alley; THENCE, North 22 degrees 19 minutes

00 seconds West across said 12 foot wide unnamed public alley

for a distance of 12.00 feet to a point where said line

intersects the North right-of-way line of aforementioned 12 foot

unnamed public alley and the South property line of 364 West

Princess Street, owned now or formerly by Oscar W. and Marie M.

Hudson; THENCE, South 67 degrees 41 minutes 00 seconds West

along the North right-of-way line of aforementioned 12 foot wide

unnamed public alley the South property line of 364 West

Princess Street for a distance of 8.67 feet to a point where

said line intersects with the east right-of-way line of Brooklyn

Alley and the west property line of 364 West Princess Street,

owned now or formerly by Oscar W. and Marie M. Hudson; THENCE,

North 22 degrees 19 minutes 00 seconds West along the east

right-of-way line of Brooklyn Alley and the west property line

of 364 West Princess Street, owned now or formerly by Oscar W.

and Marie M. Hudson, for a distance of. 48.54 feet to a point,

said point being 90 feet south of the south right-of-way line of

West Princess Street; THENCE, North 67 degrees 41 minutes 00

seconds East across 364 West Princess Street, owned now or

formerly by Oscar W. and Marie M. Hudson, for a distance of

22.76 feet to a point on the east property line of 364 West

Princess Street, owned now or formerly by Oscar W. and Marie M.

Hudson, and the west property line of 362 West Princess Street,

said point being 90 feet south of the south right-of-way line of

West Princess Street, THENCE, South 22 degrees 32 minutes 00

seconds East along, the east property line of 364 West Princess

Street, owned now or formerly by Oscar W. and Marie M. Hudson,

for a distance of 20.00 feet to a point on the east property

line of 364 West Princess Street, owned now or formerly by Oscar

W. and Marie M. Hudson, said point being 110 feet south of the

south right-of-way line of West Princess Street; THENCE, North

67 degrees 41 minutes 00 seconds East along a line projected

across 362 West Princess Street and 358 West Princess Street for

a distance of 44.07 feet to a point where said line intersects

with the west property line of 356 West Princess Street, owned

now or formerly by the New Bethel A.M.E. Church, said point

being 110 feet south of the south right-of-way line of West

Princess Street; THENCE, South 21 degrees 49 minutes 40 seconds

East along the west property line of 356 West Princess Street,

owned now or formerly by the New Bethel A.M.E. Church, for a

distance of 28.54 feet to a point where said line intersects

with the south property line of 356 West Princess Street, owned

now or formerly by the New Bethel A.M.E. Church, and the north

right-of-way line of a 12 foot unnamed public alley; THENCE,

North 67 degrees 41 minutes 00 seconds East along said south

property line of 356 West Princess Street and 350 West Princess

Street, owned now or formerly by the New Bethel A.M.E. Church,

and the north right-of-way line of the 12 foot unnamed public

alley for a distance of 76.96 feet to a point where said line

intersects with east property line of 350 West Princess Street,

owned now or formerly by the New Bethel A.M.E. Church; THENCE,

North 21 degrees 59 minutes 40 seconds West along the east

property line of 350 West Princess Street, owned now or formerly

by the New Bethel A.M.E. Church, for a distance of 28.54 feet to

a point, said point being 110 feet south of the south right-of-

way line of West Princess Street; THENCE, North 67 degrees 41

minutes 00 seconds East along a line projected 110 feet south of

the south right-of-way line of West Princess Street and along

and across properties from 346 West Princess Street through 320

West Princess Street, across a 9 foot unnamed public alley, and

along and across properties from 316 West Princess Street

through 300 West Princess Street for a distance of 395.74 feet

to a point in the west right-of-way line of South Newberry

Street, said point being the. point of BEGINNING.

Containing approximately 3.982 acres.

A majority of this property shall continue to be protected by

conservation easements as set forth under section 5 of this act.

Section 4.  Land on which restrictions are to be imposed.

The replacement parcel to be subject to restrictions in

exchange for the parcel described under section 3 is located in

the City of York, York County, and more particularly described

as follows:

ALL that certain tract of land situate in the Ninth (9th)

Ward of the City of York, Pennsylvania, within an area more

particularly bounded and described as follows:

BEGINNING at a point on the east side of South Penn Street, a

fifty and zero hundredths foot (50.00 Ft.) in width street, at

lands now or formerly belonging to the Housing Authority of the

City of York, said point being two-hundred forty and sixty

hundredths feet (240.60 Ft.) southwardly from the southeast

corner of the intersection of said South Penn Street and West

Church Avenue, a twenty and zero hundredths feet (20.00 Ft.) in

width public avenue;

THENCE, through property now or formerly belonging to the

Housing Authority of the City of York, the following bearings

and measurements:

1.  On a curve to the left, having a radius of two-hundred

seventy-nine and forty-one hundredths feet (279.41 Ft.), an

arc length of one-hundred twenty-six and thirty-seven

hundredths feet (126.37 Ft.), a chord bearing of North eighty

degrees, twenty-four minutes, and forty-six seconds East (N

80 degrees 24 minutes 41 seconds E), and a chord distance of

one-hundred twenty-five and thirty hundredths feet (125.30

Ft.) to a point of tangency,

2.  North sixty-seven degrees, thirty-three minutes, and ten

seconds East (N 67 degrees 33 minutes 10 seconds E), three

and ninety-eight hundredths feet (3.98 Ft.) to a point on a

curve,

3.  On a curve to the left, having a radius of two-hundred

twenty- seven and twenty-seven hundredths feet (227.27 Ft.),

an arc length of thirty-one and ninety-three hundredths feet

(31.93 Ft.), a chord bearing of North sixty-three degrees,

twenty minutes, and eleven seconds East (N 63 degrees 20

minutes 11 seconds E), and a chord distance of thirty-one and

ninety hundredths feet (31.90 Ft.) to a point of tangency

4.  North fifty-seven degrees, thirty-four minutes, and ten

seconds East (N 57 degrees 34 minutes 10 seconds E), twenty-

seven and fifty-eighty hundredths feet (27.58 Ft.) to a

point,

5.  North forty-seven degrees, ten minutes, and twenty

seconds East (N 47 degrees 10 minutes 20 seconds E), sixty-

eight and eighty-six hundredths feet (68.86 Ft.) to a point,

6.  North thirty-seven degrees, forty-seven minutes, and

fifty seconds East (N 37 degrees 47 minutes 50 seconds E),

seventeen and eighty-six hundredths feet (17.86 Ft.) to a

point,

7.  North twenty-six degrees, forty-five minutes, and fifty

seconds East (N 26 degrees 45 minutes 50 seconds E), sixty-

nine and ninety hundredths feet (69.90 Ft.) to a point,

8.  North eighteen degrees, forty-one minutes, and zero

seconds East (N 18 degrees 41 minutes 00 seconds E), eighty-

three and seventy-nine hundredths feet (83.79 Ft.) to a

point,

9.  North sixteen degrees, twenty-seven minutes, and twenty

seconds East (N 16 degrees 27 minutes 20 seconds E), thirty-

three and sixty-nine hundredths feet (33.69 Ft.) to a point,

10.  North eight degrees, nineteen minutes, and zero seconds

East (N 08 degrees 19 minutes 00 E), thirty-five and fifty-

four hundredths feet (35.54 Ft.) to a point,

11.  North seven degrees, six minutes, and zero seconds East

(N 07 degrees 06 minutes 00 seconds E), sixty-eight and

seventy-two hundredths feet (68.72 Ft.) to a point on the

southern side of West Church Avenue;

THENCE, along the southern side of West Church Avenue, North

sixty-seven degrees, fifty-six minutes, and twenty seconds East

(N 67 degrees 56 minutes 20 seconds E), two-hundred and eighty-

three hundredths feet (200.83 Ft.) to a point at the top of the

left bank (north side) of Codorus Creek;

THENCE, running along the top left bank (north side) of

Codorus Creek the following courses and distances:

1.  South three degrees, fourteen minutes, and ten seconds

West (S 03 degrees 14 minutes 10 seconds W), sixty-eight and

sixty-four hundredths feet (68.64 Ft) to a point,

2.  South seven degrees, six minutes, and zero seconds West

(S 07 degrees 06 minutes 00 seconds West), one-hundred and

zero hundredths feet (100.00 Ft.) to a point,

3.  South eight degrees, nineteen minutes, and zero seconds

West (S 08 degrees 19 minutes 00 seconds W), fifty and

twenty-six hundredths feet (50.26 Ft.) to a point.

4.  South sixteen degrees, twenty-seven minutes, and twenty

seconds West (S 16 degrees 27 minutes 20 seconds W), fifty

and zero hundredths feet (50.00 Ft.) to a point.

5.  South eighteen degrees, forty-one minutes, and zero

seconds West (S 18 degrees 41 minutes 00 seconds W), one-

hundred and zero hundredths feet (100.0 Ft.) to a point,

6.  South twenty-six degrees, forty-five minutes, and fifty

seconds West (S 26 degrees 45 minutes 50 seconds W), one-

hundred and zero hundredths feet (100.00 Ft.) to a point.

7.  South thirty-seven degrees, forty-seven minutes, and

fifty seconds West (S 37 degrees 47 minutes 50 seconds W),

fifty and zero hundredths feet (50.00 Ft.) to a point,

8.  South forty-seven degrees, ten minutes, and twenty

seconds West (S 47 degrees 10 minutes 20 seconds W), one-

hundred and zero hundredths feet (100.00 Ft.) to a point,

9.  South fifty-seven degrees, thirty-four, and ten seconds

West (S 57 degrees 34 minutes 10 seconds W), fifty and zero

hundredths feet (50.00 Ft.) to a point on a curve,

10.  On a curve to the right, having a radius of four-hundred

seven and twenty-seven hundredths feet (407.27 Ft.), an arc

length of fifty-seven and twenty-six hundredths feet (57.26

Ft.), a chord bearing of South sixty-three degrees, thirty-

one minutes, and thirty seconds West (S 63 degrees 31 minutes

30 seconds W), and a chord distance of fifty-seven and twenty

hundredths feet (57.20 Ft.) to a point of tangency,

11.  South sixty-seven degrees, thirty-three minutes, and ten

seconds West (S 67 degrees 33 minutes 30 seconds W), four and

forty-four hundredths feet (4.44 Ft.) to a point on a curve,

12.  On a curve to the right, having a radius of four-hundred

fifty-nine and forty-one hundredths feet (459.41 Ft.), an arc

length of one-hundred twenty-five and seventy-one hundredths

feet (125.71 Ft,), a chord bearing of South seventy-five

degrees, twenty-three minutes, and twenty seconds West (S 75

degrees 20 seconds W), and a chord distance of one-hundred

twenty-five and thirty-two hundredths feet (125.32 Ft.) to a

point on the east side of South Penn Street;

THENCE, Along the east side of said South Penn Street, North

twenty-one degrees, forty-two minutes, and forty seconds West (N

21 degrees 42 minutes 40 seconds W), one-hundred ninety and

eighty-one hundredths feet (190.81 Ft.) to a point, the place of

BEGINNING. Containing:Q 128,176.7679 square feet, or 2.9425

acres more or less.

Section 5.  Description of deed restriction.

The deed restriction to be transferred to the parcel

described under section 4 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 6.  Effective date.

This act shall take effect immediately.