AN ACT

 

1Approving the release of Project 70 restrictions on certain land 
2owned by the Borough of Downingtown, Chester County, in 
3return for the development of public park improvements within 
4Kardon Park within the Borough of Downingtown and East Caln 
5Township, Chester County; and making a related repeal.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Release of restrictions in Chester County.

9(a) Authorization.--Pursuant to the requirements of section
1020(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
11known as the Project 70 Land Acquisition and Borrowing Act, the
12General Assembly approves the release of Project 70 restrictions
13from the land owned by the Borough of Downingtown, Chester
14County, which is more particularly described in subsection (c)
15in accordance with the following conditions:

16(1) The following apply to consideration:

17(i) Project 70 restrictions removed from the land
18described in subsection (c) shall be for $285,000, which 
19is the fair market value of the restrictions as
20established by a self-contained appraisal report prepared

1by a State-certified general appraiser certified under
2the act of July 10, 1990 (P.L.404, No.98), known as the
3Real Estate Appraisers Certification Act.

4(ii) Any land within the area described in
5subsection (c) sold by the Borough of Downingtown,
6without Project 70 restrictions, shall be for an amount
7equal to or greater than the fair market value of the
8land as established by a self-contained appraisal report
9prepared by a State-certified general appraiser certified
10under the Real Estate Appraisers Certification Act.

11(2) The proceeds of the sale of the land and the release
12of the Project 70 restrictions shall be deposited into an
13interest-bearing account established by the Borough of
14Downingtown and designated solely for the purposes of the
15conditions under this subsection.

16(3) The money in the interest-bearing account shall be
17used by the Borough of Downingtown for the sole purpose of
18improvements to Kardon Park in accordance with a development
19plan, including:

20(i) Construction plans and specifications prepared
21by a licensed engineer or landscape architect and
22preapproved in writing by the department.

23(ii) The following improvements for use by the
24public:

25(A) Trails.

26(B) Pedestrian bridges.

27(C) Parking.

28(D) Docks and boating slips.

29(E) Enhancements to the water quality and
30quantity of the ponds and millrace. This clause

1includes:

2(I) introduction of fresh water and
3foundations; and

4(II) aeration devices.

5(F) Wetlands plantings.

6(G) Remediation of environmentally contaminated
7soils.

8(H) Landscaping.

9(I) Measures to save existing mature trees.

10(J) Lighting.

11(K) Signage.

12(L) Par courses.

13(M) Fencing.

14(iii) Improvements to protect safety of pedestrians
15crossing the Struble Trail.

16(4) The Borough of Downingtown shall certify to the 
17department that an area of land matching the metes and bounds 
18description in subsection (d) has been deed restricted for 
19public park use, which (deed restriction) has been recorded 
20by the Borough of Downingtown in the form and substance 
21acceptable to the department. The department and the Borough 
22of Downingtown may mutually agree on adjustments to the metes 
23and bounds of the public park land as long as the public park 
24land is not less than 20.0 acres in size.

25(b) Use of money securing the public park improvements.--In
26accordance with the requirements set forth in subsection (a):

27(1) The money, including interest, shall be used solely
28to ensure the development of public park improvements within
29Kardon Park constructed or caused to be constructed by the
30Borough of Downingtown in accordance with the plan approved

1by the department. The money shall be released for the
2development of the Kardon Park following approval of the
3development plan as set forth in subsection (a)(3).

4(2) Any money, including interest, remaining five years
5after the date the money is deposited, unless extended by the
6department for a period not to exceed two years, shall
7immediately be paid to the department for deposit in the
8department's General Restricted Revenue Fund for the purpose
9of funding conservation and recreation grants. Failure to
10make the payment shall result in the amount of money,
11including interest, constituting a debt by the Borough of
12Downingtown to the Commonwealth.

13(c) Land subject to the release from Project 70
14restrictions.--The land which is subject to the release from
15Project 70 restrictions in accordance with the provisions under
16subsection (a) is as follows:

17All that certain tract of land situate in East Caln Township,
18Chester County, Pennsylvania, as shown on a plan entitled "P-
1970 Park Plan" prepared by Commonwealth Engineers, Inc.,
20Downingtown, Pennsylvania, dated July 18, 2012, and being
21more fully described as follows:

22Beginning at an existing railroad spike (set) located in the
23center of Norwood Road, said point being the northwestern
24corner of parcel 4001 00223010e in East Caln Township,
25Chester County, Pennsylvania, and the true point of
26beginning;

27Thencefrom the beginning of left curve from which the radius
28point bears north 28°51'05" west, northeasterly and northerly
29a distance of 443.47 feet along the curve concave to the
30northwest, having a radius of 345.61 feet and a central angle

1of 73°31'06";

2Thence north 12°22'11" west tangent to said curve, a distance
3of 67.97 feet;

4Thence north 72°52'49" east, a distance of 604.99 feet;

5Thence south 13°06'52" east, a distance of 762.14 feet;

6Thence south 76°49'32" west, a distance of 405.48 feet;

7Thence south 16°56'28" east, a distance of 171.56 feet;

8Thence south 83°37'40" west, a distance of 474.54 feet;

9Thence north 14°12'52" west, a distance of 130.69 feet;

10Thence north 77°50'08" east, a distance of 17.50 feet;

11Thence north 14°12'52" west, a distance of 309.33 feet to the
12point of beginning.

13Containing 14.177 acres, more or less.

14(d) Lands subject to the deed restriction.--The lands which
15are subject to the deed restriction as required by subsection
16(a)(4) are as follows:

17Parcel "A"

18All that certain tract of land situate in Downingtown Borough
19and East Caln Township, Chester County, Pennsylvania, as shown
20on a plan entitled -"A" Park Area Legal Description Plan-
21prepared by Commonwealth Engineers, Inc., Downingtown,
22Pennsylvania, dated September 7, 2012, and being more fully
23described as follows:

24Beginning at an existing bolt (set) located in the center of
25Pennsylvania Avenue, said point being the southeastern corner
26of parcel 1104 0014020e in Downingtown Borough, Chester
27County, Pennsylvania, and the true point of beginning;

28Thence south 43°46'50" west, a distance of 500.70 feet;

29Thence south 43°02'02" west, a distance of 5.40 feet;

30Thence north 30°25'01" west, a distance of 136.79 feet;

1Thence north 02°57'50" east, a distance of 361.29 feet;

2Thence south 87°02'10" east, a distance of 123.32 feet;

3Thence north 14°36'16" east, a distance of 111.23 feet;

4Thence north 01°41'02" east, a distance of 237.40 feet;

5Thence north 46°12'15" west, a distance of 361.72 feet;

6Thence north 01°41'02" east, a distance of 129.44 feet;

7Thence north 43°18'58" west, a distance of 73.53 feet;

8Thence north 01°41'02" east, a distance of 83.92 feet;

9Thence north 43°18'58" west, a distance of 19.80 feet;

10Thence north 88°18'58" west, a distance of 39.21 feet;

11Thence north 41°40'09" west, a distance of 24.75 feet;

12Thence north 88°18'58" west, a distance of 136.35 feet to the
13beginning of a curve concave to the southwest having a radius
14of 367.00 feet and a central angle of 13°35'22" and being
15subtended by a chord which bears north 33°05'05" west 86.84
16feet;

17Thence northwesterly along said curve, a distance of 87.04
18feet; Thence north 39°52'46" west tangent to said curve, a
19distance of 277.81 feet to the beginning of a curve tangent
20to said line;

21Thence northwesterly a distance of 34.60 feet along the curve
22concave to the southwest, having a radius of 187.00 feet and
23a central angle of 10°36'07";

24Thence north 50°28'53" west tangent to said curve, a distance
25of 55.38 feet to the beginning of a curve concave to the west
26having a radius of 345.61 feet and a central angle of
2745°44'34" and being subtended by a chord which bears north
2810°30'06" east 268.65 feet;

29Thence northeasterly and northerly along said curve, a
30distance of 275.92 feet;

1Thence north 12°22'11" west tangent to said curve, a distance
2of 67.97 feet;

3Thence north 72°52'49" east, a distance of 604.99 feet;

4Thence south 13°06'52" east, a distance of 762.14 feet;

5Thence south 13°06'28" east, a distance of 1148.90 feet to
6the point of beginning.

7Containing 19.107 acres.

8Parcel "B"

9All that certain tract of land situate in Downingtown Borough
10and East Caln Township, Chester County, Pennsylvania, as
11shown on a plan entitled "Park Area Legal Description Plan"
12prepared by Commonwealth Engineers, Inc., Downingtown,
13Pennsylvania, dated September 7, 2012, and being more fully
14described as follows:

15Beginning at an existing railroad spike (set) located in the
16center of Norwood Road, said point being the northwestern
17corner of parcel 4001 0023010e in East Caln Township, Chester
18County, Pennsylvania, and the true point of beginning;

19Thencefrom the beginning of left curve from which the radius
20point bears north 28°51'05" west, northeasterly a distance of
2197.93 feet along the curve concave to the northwest, having a
22radius of 345.61 feet and a central angle of 16°14'03";

23Thence south 50°28'53" east, a distance of 54.93 feet to the
24beginning of a curve tangent to said line;

25Thence southeasterly a distance of 21.74 feet along the curve
26concave to the southwest, having a radius of 117.50 feet and
27a central angle of 10°36'07";

28Thence south 39°52'46" east tangent to said curve, a distance
29of 178.08 feet;

30Thence south 50°07'15" west, a distance of 190.53 feet;

1Thence south 75°47'08" west, a distance of 39.06 feet;

2Thence north 14°12'52" west, a distance of 268.18 feet to the
3point of beginning.

4Containing .990 acres.

5Total restricted park property contains 20.097 acres, more or
6less.

7(e) Definition.--As used in this section, the term 
8"department" means the Department of Conservation and Natural 
9Resources of the Commonwealth.

10Section 2. Repeal.

11(a) Declaration of policy.--The General Assembly declares
12that the repeal under subsection (b) is necessary to effectuate
13section 1.

14(b) Provision.--Section 6 of the act of October 24, 2012 
15(P.L.1293, No.162), entitled "An act authorizing the Department 
16of Conservation and Natural Resources to release, upon the 
17satisfaction of certain conditions, Project 70 restrictions on 
18certain land owned by the West Rockhill - Sellersville Joint 
19Recreation Authority, Bucks County; authorizing the conveyance 
20of an easement and the release of Project 70 restrictions 
21imposed on a portion of land owned by the Pennsylvania Fish and 
22Boat Commission in Gamble Township, Lycoming County, in return 
23for the imposition of Project 70 restrictions on certain land 
24being conveyed to the commission in Gamble Township, Lycoming 
25County, and other terms and conditions; authorizing the sale and 
26transfer of title for Project 70 lands owned by Erie County to 
27Springfield Township, Erie County; authorizing Westmoreland 
28County to convey and transfer a fee interest in certain Project 
2970 land in Unity Township free of Project 70 restrictions in 
30return for the imposition of Project 70 restrictions on other
 

1land in Unity Township to be acquired by Westmoreland County; 
2authorizing the Department of General Services, with the 
3approval of the Department of Military and Veterans Affairs and 
4the Governor, to grant and convey to QRS Realty Corp. certain 
5lands and building situate in the City of Erie, Erie County; and 
6approving the release of Project 70 restrictions on certain land 
7owned by the Borough of Downingtown, Chester County, in return 
8for the development of public park improvements within Kardon 
9Park within the Borough of Downingtown and East Caln Township, 
10Chester County," is repealed.

11Section 3. This act shall take effect immediately.