Regular Session 2017-2018 House Bill 1009 P.N. 1168

PRINTER'S NO. 1168

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1009

Session of

2017

INTRODUCED BY WALSH, J. HARRIS, DUNBAR, REESE, OBERLANDER,

METZGAR, WARNER, JAMES, MILLARD, SANKEY, GABLER, WARD AND

IRVIN, MARCH 28, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 28, 2017

AN ACT

Authorizing the release of Project 70 restrictions on certain

land owned by the Borough of West Newton, Westmoreland

County, in return for the development of park and open space

lands within the Borough of West Newton, Westmoreland County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Release of restrictions in the Borough of West

Newton, Westmoreland 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 from the land owned by the Borough of West Newton,

Westmoreland County, which is more particularly described in

subsection (c), in exchange for the development of park and open

space lands as provided in subsection (d).

(b) Land to be released from Project 70 restrictions.--The

Borough of West Newton intends to sell a portion of the land it

owns and wishes to release the land described in subsection (c)

from Project 70 restrictions.

conveyed shall be ALL THAT CERTAIN parcel of land lying and

situate between South Water Street and the Youghiogheny River in

the Borough of West Newton, Westmoreland County, Pennsylvania,

being more fully described as follows, to wit:

FIRST:

BEGINNING at a point on the West side of South Water Street and

a post corner on land now or formerly of Nannie C. Montgomery;

Thence along said South Water Street, South 35º45' West, a

distance of 71.50 feet to a point at the South end of a two-

story brick dwelling;

Thence on a line along the South end of said brick dwelling to a

point on the bank of the Youghiogheny River;

Thence North 25º45' East along the Youghiogheny River, a

distance of 72.51 feet to a point on the bank of the

Youghiogheny River and land now or formerly of Nannie C.

Montgomery;

Thence in an Eastwardly direction along the line of land now or

formerly of Nannie C. Montgomery, a distance of 122 feet, more

or less, to the post corner on the West side of South Water

Street, being the place of beginning.

SECOND:

BEGINNING at a point on the West side of South Water Street at

corner of lot of ground now or formerly of Mabel R. Duncan;

Thence along the West side of South Water Street, South 35º45'

West, a distance of 210.50 feet to a point at the corner of land

now or formerly of the C.S. Weimer estate;

Thence by said land now or formerly of said estate, North 54º15'

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West, a distance of 47 feet to a point on the bank of the

Youghiogheny River;

Thence along said river, North 11º06' East, a distance of 93.5

feet to a point;

Thence still along said river, North 28º45' East, a distance of

126.46 feet to a point on said river bank at the corner of land

now or formerly of Mabel R. Duncan;

Thence in an Eastwardly direction along the line of land now or

formerly of Mabel R. Duncan to a point on the North side of

South Water Street, being the place of beginning.

Being the same premises known as the John C. Plumer House, which

the Historical Society of West Newton, by deed dated February

23, 1968 and recorded in Westmoreland County Deed Book Volume

1979, page 1147, granted and conveyed unto the Borough of West

Newton.

(d) Use of sale proceeds and interest.--An amount equal to

or greater than the fair market value of the land described in

subsection (c) shall be deposited into a special interest-

bearing account established by the Borough of West Newton for

the development of park and open space lands in the Borough of

West Newton. None of the funds shall be disbursed from this

special account until a plan is developed by the Borough of West

Newton for the intended use of the funds and until such plan has

been approved by the Department of Conservation and Natural

Resources. Any funds remaining in the special account five years

after the date of deposit shall immediately be paid to the

Commonwealth for deposit into the Project 70 Land Acquisition

Sinking Fund or current equivalent.

Section 2. Effective date.

This act shall take effect immediately.

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