THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MANDERINO, BRIGGS, GERBER, BEYER, CALTAGIRONE, DALEY, KORTZ, KULA, MAHONEY, MURT, PHILLIPS, PAYNE AND THOMAS, JANUARY 28, 2009

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 3, 2009   

AN ACT

Authorizing Lower Merion Township, Montgomery County, to sell

and convey certain Project 70 lands free of restrictions

imposed by the Project 70 Land Acquisition and Borrowing Act,

in return for the imposition of Project 70 restrictions on

other land to be acquired by the township.

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

authorizes the release of Project 70 restrictions on a portion

of lands owned by Lower Merion Township, Montgomery County,

which are more particularly described in section 3, for a

consideration of $180,000, which represents the fair market

value of the property as determined by an appraisal, in return

for imposition of Project 70 restrictions on other land to be

conveyed and deeded to the township, as described in section 4.

Section 2.  Freedom of restrictions.

The lands described in section 3 shall be free of

restrictions on use and alienation imposed by the Project 70

Land Acquisition and Borrowing Act upon conveyance of the lands

by Lower Merion Township.

Section 3.  Land to be released from restrictions.

The section of the land to be released from Project 70

restrictions are situated in the Township of Lower Merion,

Montgomery County, and more particularly described as follows:

All that certain lot or piece of ground with the buildings

and improvements thereon erected, situate in Lower Merion

Township, Montgomery County, Pennsylvania and described

according to the final subdivision plan for Portions of 112 Mary

Waters Ford Road, prepared for Lower Merion Township, by Pennoni

Associates, Inc., dated November 27, 2006, last revised March

19, 2008, as follows to wit:

Beginning at the point on the easterly side of Smith Drive

(50 feet wide) which point is located the following four courses

and distances from the intersection of the centerline of Mary

Waters Ford Road with the easterly side of the above mentioned

Smith Drive (50 feet wide) as follows: (1) extending along the

easterly side of Smith Drive (50 feet wide) S 25°01'00" E, the

distance of 100.98 feet to a point of curvature; thence (2)

along the arc of a circle curving to the right having a radius

of 710.58 feet the arc distance of 99.84 feet to a point of

reverse curvature; thence (3) along the arc of a circle of

reverse curvature curving the left with a radius of 710.58 feet

the arc distance of 99.84 feet to a point on the easterly side

of Smith Drive; thence (4) S 25°01'00" E, the distance of 88.33

feet to the place of beginning; thence extending from said point

of beginning N 68°21'37" E the distance of 160.88 feet to a

point; thence S 21°38'23" E the distance of 90.68 feet to a

point; thence S 64°59'00" W the distance of 155.26 feet to the

easterly side of the aforesaid Smith Drive; thence extending

along the easterly side of said Smith Drive N 25°01'00" W the

distance of 100.00 feet to the first mentioned point and place

of beginning and containing these metes and bounds 15,057 square

feet of land, more or less. Be the contents thereof what they

may.

Section 4.  Use of sale proceeds.

The consideration of $180,000 from the sale of the land shall

be deposited in a special account established by Lower Merion

Township for acquisition of park land. Within two years of the

effective date of this act, the township shall acquire park land

of equal market value and equivalent usefulness to replace the

land described in section 3. Use of funds from the special

account must be approved by the Department of Conservation and

Natural Resources. Any funds remaining in the special account

after two years of the effective date of this act shall be paid

to the Commonwealth for deposit into the Project 70 Land

Acquisition Sinking Fund.

Section 5.  Remedies.

If Lower Merion Township fails to comply with section 4, the

Department of Conservation and Natural Resources may invoke the

remedies provided for in 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.

Section 6.  Project 70 deed clause.

The following restrictions shall be included in the deed for

the replacement land:

"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),

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known as the Project 70 Land Acquisition and Borrowing Act."

Section 7.  Effective date.

This act shall take effect immediately.