PRINTER'S NO. 3090
No. 2230 Session of 1984
INTRODUCED BY MILLER AND BRANDT, JUNE 4, 1984
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 4, 1984
AN ACT
1 Authorizing the release of Project 70 restrictions imposed on
2 certain lands owned by the City of Lancaster, Lancaster
3 County in return for the imposition of Project 70
4 restrictions on certain lands owned by the City of Lancaster,
5 Lancaster County.
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 hereby
12 authorizes the release of the restrictions imposed by section 20
13 of the Project 70 Land Acquisition and Borrowing Act from the
14 lands owned by the City of Lancaster, Lancaster County and more
15 particularly described in section 3 of this act in exchange for
16 the imposition of the section 20 restrictions on lands owned by
17 the City of Lancaster, Lancaster County and more particularly
18 described in section 4.
19 Section 2. Freedom of restrictions.
1 The lands described in section 3 and owned by the City of
2 Lancaster, Lancaster County shall be free of the restrictions on
3 use and alienation imposed by section 20 of the act of June 22,
4 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
5 Acquisition and Borrowing Act, upon the imposition of and
6 recording of the Project 70 deed restrictions set forth in
7 section 5 on the parcel of replacement land owned by the City of
8 Lancaster and located in the Township of Lancaster, Lancaster
9 County, described in section 4, subject, however, to the
10 provisions of section 7.
11 Section 3. Land to be free from restrictions.
12 The parcel of land authorized to be released from
13 restrictions is more particularly described as follows:
14 Beginning at a point at the intersection of the northeast
15 line of State Highway Legislative Route Number 36036, known as
16 South Duke Street, and the south line of Delaware Street; thence
17 extending along the south line of Delaware Street, north 87
18 degrees 54 minutes 40 seconds east a distance of 422.77 feet to
19 a point at the southeast corner of Delaware Street and Franklin
20 Street; thence extending along the east line of Franklin Street,
21 north 2 degrees 5 minutes 00 seconds west a distance of 270.07
22 feet to a point at a corner of property now or late of Lancaster
23 Housing Authority; thence extending along property of Lancaster
24 Housing Authority, north 88 degrees 3 minutes 30 seconds east a
25 distance of 330.00 feet to a point at a corner of remaining
26 property now or late of the City of Lancaster; thence extending
27 along the remaining property of the City of Lancaster, following
28 courses and distances: south 1 degree 56 minutes 30 seconds east
29 a distance of 60.00 feet to a point; thence south 43 degrees 21
30 minutes 00 seconds east a distance of 445.00 feet to a point;
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1 thence south 4 degrees 51 minutes 00 seconds east a distance of
2 200.00 feet to a point; thence south 48 degrees 50 minutes 55
3 seconds west a distance of 287.43 feet to a point; thence south
4 22 degrees 5 minutes 50 seconds west a distance of 321.06 feet
5 to a point of the northeast line of the aforesaid South Duke
6 Street; thence extending along the northeast line of South Duke
7 Street, north 43 degrees 21 minutes 00 seconds west a distance
8 of 1,062.69 feet to a point, the place of beginning.
9 Containing 12.8049 acres.
10 Section 4. Land on which restrictions are to be imposed.
11 The replacement parcel to be subject to restrictions in
12 exchange for the parcel described in section 3 is more
13 particularly described as follows:
14 All that certain tract of land in the Township of Lancaster,
15 County of Lancaster, on which is erected the north sewage
16 disposal plant, bounded and described as follows: Beginning at a
17 stone at the southeast corner thereof, in line of other land now
18 or late of the grantor, by virtue of a deed from Samuel Ranck
19 dated January 10, 1888 and recorded in the Recorder's Office of
20 Lancaster County in Deed Book X, Volume 12, page 391, and near
21 the west bank of the Conestoga Creek; thence along the west Bank
22 of said creek north 29 degrees 9 minutes west a distance of 363
23 feet; north 42 degrees 12 minutes west a distance of 206.8 feet;
24 and (crossing the outfall of the present Clay Street sewer)
25 north 41 degrees 2 minutes west a distance of 195.1 feet to a
26 point near the west bank of said creek and in or near the
27 Grofftown Road; thence along said road south 48 degrees 54
28 minutes west a distance of 229.62 feet; south 65 degrees 17
29 minutes west a distance of 204.85 feet; and south 80 degrees 53
30 minutes west a distance of 204.76 feet to a point in or near the
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1 intersection of Grofftown Road and Ranck Road; thence along
2 Ranck Road and property now or late of Samuel H. Ranck, et al.,
3 south 19 degrees 43 minutes east a distance of 342.77 feet; and
4 south 19 degrees 21 minutes east a distance of 360.15 feet to an
5 angle point; thence leaving said road, along property now or
6 late of Samuel H. Ranck, et al., north 89 degrees east a
7 distance of 577.62 feet to a corner of lands now or late of
8 Samuel H. Ranck, et al., and the aforesaid tract of the City of
9 Lancaster; thence along said property now or late of the City of
10 Lancaster north 27 degrees 22 minutes west a distance of 190.25
11 feet; and north 64 degrees 14 minutes east a distance of 311.07
12 feet to the place of beginning.
13 Containing 13 acres and 22.9 perches.
14 Section 5. Description of deed restrictions.
15 The deed restriction to be transferred to the parcel
16 described in section 4 shall read as follows:
17 This indenture is given to provide land for recreation,
18 conservation and historical purposes as said purposes are
19 defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
20 known as the Project 70 Land Acquisition and Borrowing Act.
21 Section 6. Limitation on development.
22 (a) Development.--The parcel of land as described in section
23 3 shall be developed in compliance with the act of October 4,
24 1978 (P.L.851, No.166), known as the Flood Plain Management Act.
25 (b) Restriction on revenue.--The revenue and interest
26 thereon from the sale of the land described in section 3 shall
27 be deposited in a special account established by the City of
28 Lancaster. The special account shall be used for rehabilitation
29 and development of park and recreation lands and facilities by
30 the City of Lancaster. No funds shall be dispensed from the
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1 account until a plan has been developed for the use of such
2 funds by the City of Lancaster and such plan approved by the
3 Department of Community Affairs.
4 Section 7. Use of replacement land.
5 (a) Highway.--If, within five years from the effective date
6 of this act, the Department of Transportation determines that a
7 portion of the land described in section 4 is to be used for the
8 relocation of Pennsylvania Route 23 (Legislative Route
9 1124),that portion of land so determined shall be free from the
10 Project 70 restrictions set forth in section 5. The parcel of
11 land authorized to be released from restrictions for the
12 relocation of Pennsylvania Route 23 (Legislative Route 1124) is
13 more particularly described as follows:
14 Beginning at a point in or near the intersection of Grofftown
15 Road and Ranck Road, said point being same described in deed of
16 tract of land on which is now erected the North Sewage Disposal
17 Plant, thence along Ranck Road and the westerly boundary of said
18 tract, south 19 degrees 43 minutes west a distance of 179.577
19 feet to a point on the proposed southerly line of the area
20 reserved for highway purposes; thence along said area and
21 leaving said westerly boundary, north 42 degrees 55 minutes 32
22 seconds east 325.555 feet to a point in or near Grofftown Road,
23 said point being on the northerly boundary of said tract; thence
24 along said northerly boundary and Grofftown Road south 65
25 degrees 17 minutes west 88.212 feet to a corner of said area
26 reserved, said point being same described in deed of said tract;
27 thence along said northerly boundary and Grofftown Road south 80
28 degrees 53 minutes west 204.76 feet to the point of beginning.
29 Containing 0.54 acres.
30 (b) Use by authority.--The Lancaster Sewer Authority may
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1 continue to operate the sewage plant located on the land
2 described in section 4 until an adequate replacement facility is
3 operational. If after ten years the plant has not been
4 abandoned, the Department of Community Affairs shall determine
5 the proper restitution which shall be paid to the Commonwealth
6 by the City of Lancaster for removal of the restrictions from
7 the land described in section 3.
8 Section 8. Effective date.
9 This act shall take effect immediately.
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