SENATE AMENDED

 

PRIOR PRINTER'S NOS. 102, 234, 913

PRINTER'S NO.  2417

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

109

Session of

2009

  

  

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

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 8, 2009   

  

  

  

AN ACT

  

1

Authorizing Lower Merion Township, Montgomery County, to sell

2

and convey certain Project 70 lands free of restrictions

3

imposed by the Project 70 Land Acquisition and Borrowing Act,

4

in return for the imposition of Project 70 restrictions on

5

other land to be acquired by the township; authorizing the

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City of Warren, Warren County, to sell and convey certain

7

Project 70 lands free of restrictions imposed by the Project

8

70 Land Acquisition and Borrowing Act; authorizing the City

9

of Wilkes-Barre, Luzerne County, to convey a fee interest in

10

certain Project 70 lands free of restrictions imposed under

11

the Project 70 Land Acquisition and Borrowing Act; and

12

authorizing the Borough of Old Forge, Lackawanna County, to

13

transfer, sell and convey certain Project 70 lands free of

14

restrictions imposed by the Project 70 Land Acquisition and

15

Borrowing Act.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  Authorization Lower Merion Township, Montgomery

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19

County.

20

(a)  Authorization.--Pursuant to the requirements of section

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21

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

22

known as the Project 70 Land Acquisition and Borrowing Act, the

23

General Assembly authorizes the release of Project 70

 


1

restrictions on a portion of lands owned by Lower Merion

2

Township, Montgomery County, which are more particularly

3

described in section 3 subsection (c), for a consideration of

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4

$180,000, which represents the fair market value of the property

5

as determined by an appraisal, in return for imposition of

6

Project 70 restrictions on other land to be conveyed and deeded

7

to the township, as described in section 4 subsection (d).

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8

Section 2.  Freedom of restrictions.

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(b)  Freedom of restrictions.--The lands land described in

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section 3 subsection (c) shall be free of restrictions on use

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and alienation imposed by the Project 70 Land Acquisition and

12

Borrowing Act upon conveyance of the lands land by Lower Merion

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13

Township.

14

Section 3.  Land to be released from restrictions.

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15

(c)  Land to be released from restrictions.--The section of

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the land to be released from Project 70 restrictions are is 

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17

situated in the Township of Lower Merion, Montgomery County, and

18

more particularly described as follows:

19

All that certain lot or piece of ground with the buildings

20

and improvements thereon erected, situate in Lower Merion

21

Township, Montgomery County, Pennsylvania and described

22

according to the final subdivision plan for Portions of 112 Mary

23

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

24

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

25

19, 2008, as follows to wit:

26

Beginning at the point on the easterly side of Smith Drive

27

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

28

and distances from the intersection of the centerline of Mary

29

Waters Ford Road with the easterly side of the above mentioned

30

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

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1

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

2

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

3

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

4

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

5

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

6

reverse curvature curving the left with a radius of 710.58 feet

7

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

8

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

9

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

10

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

11

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

12

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

13

easterly side of the aforesaid Smith Drive; thence extending

14

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

15

distance of 100.00 feet to the first mentioned point and place

16

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

17

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

18

may.

19

Section 4.  Use of sale proceeds.

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(d)  Use of sale proceeds.--The consideration of $180,000

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21

from the sale of the land shall be deposited in a special

22

account established by Lower Merion Township for acquisition of

23

park land. Within two years of the effective date of this act 

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24

section, the township shall acquire park land of equal market

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25

value and equivalent usefulness to replace the land described in

26

section 3 subsection (c). Use of funds from the special account

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27

must be approved by the Department of Conservation and Natural

28

Resources. Any funds remaining in the special account after two

29

years of the effective date of this act section shall be paid to

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30

the Commonwealth for deposit into the Project 70 Land

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1

Acquisition Sinking Fund.

2

Section 5.  Remedies.

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3

(e)  Remedies.--If Lower Merion Township fails to comply with

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4

section 4 subsection (d), the Department of Conservation and

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5

Natural Resources may invoke the remedies provided for in

6

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

7

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

8

Act.

9

Section 6.  Project 70 deed clause.

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(f)  Project 70 deed clause.--The following restrictions

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11

shall be included in the deed for the replacement land:

12

"This indenture is given to provide land for recreation,

13

conservation and historical purposes, as said purposes are

14

defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

15

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

16

Section 7.  Costs and fees.

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(g)  Costs and fees.--Costs and fees incidental to this

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conveyance shall be borne by the grantee.

19

Section 2.  City of Warren, Warren County.

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(a)  Authorization.--Pursuant to the requirements of section

21

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

22

known as the Project 70 Land Acquisition and Borrowing Act, the

23

General Assembly hereby authorizes the release of Project 70

24

restrictions and sale of the lands owned by the City of Warren

25

which are more particularly described in subsection (c) for a

26

consideration of $81,500 which represents the fair market value

27

of the property as determined by an appraisal.

28

(b)  Freedom of restrictions.--The lands described in

29

subsection (c) shall be free of restrictions on use and

30

alienation imposed by the Project 70 Land Acquisition and

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1

Borrowing Act upon conveyance of the lands to Warren General

2

Hospital.

3

(c)  Lands to be released from restrictions.--The lands to be

4

released from Project 70 restrictions are situated in the City

5

of Warren, Warren County, and more particularly described as

6

follows:

7

Parcel No. 1

8

All that certain piece or parcel of land, generally referred

9

to as the "Musante Field," being that lot identified on the

10

Warren County Assessment Map as WN-578-1184, and consisting of a

11

rectangular-shaped level and open piece of land whose dimensions

12

approximate 100 feet by 200 feet for a total of 20,000 square

13

feet or 0.46 acre.

14

Parcel No. 2

15

All that certain piece or parcel of land being that lot

16

identified on the Warren County Assessment Map as WN-578-119 and

17

consisting of a triangular-shaped piece of land whose dimensions

18

approximate 190 feet by 130 feet by 232 feet for a total of

19

12,350 square feet or 0.28 acre.

20

(d)  Use of sale proceeds.--The consideration of $81,500 from

21

the sale of the land shall be deposited in a special account

22

established by the City of Warren for acquisition or development

23

of park land, to include a ballfield, parking lot and access

24

road. Use of funds from the special account must be approved by

25

the Department of Conservation and Natural Resources. Any funds

26

remaining in the special account after five years of the date of

27

deposit by the City of Warren shall be paid to the Commonwealth

28

for deposit into the Project 70 Land Acquisition Sinking Fund.

29

Section 3.  City of Wilkes-Barre, Luzerne County.

30

(a)  Authorization.--The provisions of section 20(b) of the

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1

act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the

2

Project 70 Land Acquisition and Borrowing Act, authorizes the

3

General Assembly to release land from Project 70 Use

4

Restrictions, including, but not limited to, three parcels

5

within a 33+/-acres tract of land now owned by the City of

6

Wilkes-Barre and more fully described in Luzerne County Deed

7

Book 1707 page 703 et seq. commonly known and designated as the

8

Coal Street Park.

9

(b)  Release from Project 70 Use Restrictions.--For and in

10

consideration of the submission and substitution of other

11

adjacent lands of the City of Wilkes-Barre to the Project 70 Use

12

Restrictions in place thereof, said land being more particularly

13

described in subsection (e) (Replacement Lands) the General

14

Assembly hereby releases and forever discharges from the date of

15

this action, all those certain tracts of land presently owned by

16

the City of Wilkes-Barre, which is more particularly described

17

in subsection (d) (Released Lands). The Replacement Lands have a

18

fair market value which is equal to or greater than the fair

19

market value of the Released Lands, all as determined by an

20

independent certified appraisal.

21

(c)  Submission.--For and in consideration of the release of

22

the Released Lands, the City of Wilkes-Barre hereby submits the

23

Replacement Lands to the same restrictions previously imposed

24

upon the Released Lands, said Project 70 Use Restrictions to be

25

placed of record in the Office of the Recorder of Deeds in and

26

for Luzerne County within thirty (30) days following adoption of

27

this act.

28

(d)  Lands to be released from restrictions.--The lands to be

29

released from Project 70 restrictions are situated in the City

30

of Wilkes-Barre, Luzerne County, and more particularly described

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1

as follows:

2

Parcel One

3

ALL that certain piece or parcel of land situate in the City

4

of Wilkes-Barre, County of Luzerne and Commonwealth of

5

Pennsylvania bounded and described as follows, to wit:

6

BEGINNING at a point in lands of the City of Wilkes-Barre (DB

7

1707 Pg 703) from which the southwesterly corner of said lands

8

at the intersection of the northerly right-of-way line of

9

Sherman Street with the easterly right-of-way line of Coal

10

Street bears South 41º 42' 34" West distant four hundred ninety-

11

two and ninety-nine hundredths (492.99') feet as shown on a plan

12

titled "Coal Street Park Land Development Plan - Building Lease

13

Plan" dated January 7, 2009 and prepared by Acker Associates,

14

Inc.;

15

Thence through said lands of the City of Wilkes-Barre

16

(Grantor, herein) the following thirty-six (36) courses and

17

distances:

18

1.  North 12º 47' 38" East one hundred twenty-four (124.00")

19

feet to a point,

20

2.  South 77º 19' 18" East eighteen and sixty-two hundredths

21

(18.62') feet to a point,

22

3.  North 12º 40' 42" East thirty-two and eighty-seven

23

hundredths (32.87') feet to a point,

24

4.  South 77º 19' 18" East nineteen and eighty-five

25

hundredths (19.85') feet to a point,

26

5.  North 12º 36' 30" East thirty-nine and forty-four

27

hundredths (39.44') feet to a point,

28

6.  South 77º 35' 21" East nineteen and eighty-two hundredths

29

(19.82') feet to a point,

30

7.  North 13º 04' 23" East nineteen and eighty-five

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1

hundredths (19.85') feet to a point,

2

8.  South 77º 33' 32" East nineteen and seventy-nine

3

hundredths (19.79') feet to a point,

4

9.  North 13º 26' 14" East nineteen and ninety-six hundredths

5

(19.96') feet to a point,

6

10.  South 77º 32' 32" East forty and six hundredths (40.06')

7

feet to a point,

8

11.  North 12º 40' 42" East twenty and fifty-six hundredths

9

(20.56') feet to a point,

10

12.  South 77º 19' 18" East two hundred forty-two (242.00')

11

feet to a point,

12

13.  South 12º 40' 42" West twenty-six and twenty-five

13

hundredths (26.25') feet to a point,

14

14.  South 77º 19' 18" East thirty-one and sixty-six

15

hundredths (31.66') feet to a point,

16

15.  South 12º 40' 42" West sixty-one and thirty-three

17

hundredths (61.33') feet to a point,

18

16.  North 77º 19' 18" West thirty-one and sixty-eight

19

hundredths (31.68') feet to a point,

20

17.  South 20º 33' 04" West forty-seven and twenty-five

21

hundredths (47.25') feet to a point,

22

18.  North 77º 19' 18" West two hundred nineteen and five

23

tenths (219.50') feet to a point,

24

19.  South 12º 40' 42" West two and twenty-seven hundredths

25

(2.27') feet to a point,

26

20.  North 77º 19' 18" West twenty-five hundredths (0.25')

27

feet to a point,

28

21.  South 20º 40' 42" West sixteen and sixty-seven

29

hundredths (16.67') feet to a point,

30

22.  South 77º 19' 18" East twenty-five hundredths (0.25')

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1

feet to a point,

2

23.  South 20º 40' 42" West five and twenty-three hundredths

3

(5.23') feet to a point,

4

24.  South 77º 19' 18" East twenty-eight and sixty-seven

5

hundredths (28.67') feet to a point,

6

25.  South 20º 40' 42" West twenty-six hundredths (0.26')

7

feet to a point,

8

26.  South 77º 19' 18" East twenty-nine and seventy-four

9

hundredths (29.74') feet to a point,

10

27.  South 20º 40' 42" West sixty-three and seventy-four

11

hundredths (63.74') feet to a point,

12

28.  South 77º 19' 18" East twenty-six hundredths (0.26')

13

feet to a point,

14

29.  South 12º 40' 42" West thirty-four (34.00') feet to a

15

point,

16

30.  North 77º 19' 18" West thirty-eight and thirty-three

17

hundredths (38.33') feet to a point,

18

31.  South 12º 40' 42" West twelve (12.00') feet to a point,

19

32.  North 77º 19' 18" West twenty-seven and thirty-three

20

hundredths (27.33') feet to a point,

21

33.  North 12º 40' 42" East twelve (12.00') feet to a point,

22

34.  North 77º 19' 18" West seven and sixty-seven hundredths

23

(7.67') feet to a point,

24

35.  North 12º 40' 42" East twenty-six hundredths (0.26')

25

feet to a point, and

26

36.  North 77º 26' 22" West one hundred twenty-six and sixty-

27

seven hundredths (126.67') feet to the point of BEGINNING.

28

CONTAINING 66,524 square feet of land being the same, more or

29

less.

30

BEING-PART of the same premises conveyed by the Hollenback

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1

Coal and Land Company to The City of Wilkes-Barre by deed dated

2

November 18, 1970 and recorded in Luzerne County Deed Book 1707

3

Page 703.

4

Said property is located within the Property Identification

5

Number of H10SW4-004-025.

6

The aforesaid premise being generally referred to as a

7

portion of "Coal Street Park" that contains an existing ice rink

8

arena whose dimensions are 38,000 square feet with a proposed

9

25,000 square feet of new construction.

10

Parcel Two

11

Beginning at a point in the northeasterly side of Coal

12

Street, said point being North 32º 35' 00" East a distance of

13

25.28' from a stone monument at an angle point of Coal Street

14

near Grant Street and S 46º 00' 00" East a distance of 542.00

15

feet along the northeasterly side of Coal Street being 50 wide

16

to a point along the northerly right-of-way line of North

17

Sherman Street and N 41º 42' 34" East a distance 397.34' and S

18

77º 12' 22" East a distance of 45.61' to the place of beginning.

19

Thence through lands of the City of Wilkes-Barre through the

20

same, North 12º 47' 38" East a distance of 72.00' to a point,

21

Thence through the same, South 77º 12' 22" East a distance of

22

135.00' to a point,

23

Thence through the same, South 12º 47' 38" West a distance of

24

72.00' to a point,

25

Thence through the same, North 77º 12' 22" West a distance of

26

135.00 to a point, the place of beginning.

27

CONTAINING 9,720 square feet of land being the same, more or

28

less.

29

BEING a Parking Lease Area inside lands of The City of

30

Wilkes-Barre.

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1

BEING PART of the same premises conveyed by the Hollenback

2

Coal and Land Company to The City of Wilkes-Barre by deed dated

3

November 18, 1970 and recorded in Luzerne County Deed Book 1707

4

Page 703.

5

Said property is located within the Property Identification

6

Number of H10SW4-004-025.

7

The aforesaid premise being generally referred to as a

8

portion of Coal Street Park that is for a proposed 9,720 square

9

feet of new parking space to service tenants of Parcel One.

10

Parcel Three

11

All that certain pieces or parcels of land situated in the

12

City of Wilkes-Barre, County of Luzerne and State of

13

Pennsylvania, more particularly bounded and described as

14

follows:

15

Beginning at a point in the northeasterly side of Coal

16

Street, said point being North 32º 35' 00" East a distance of

17

25.28' from a stone monument at an angle point of Coal Street

18

near Grant Street, said point also being in the southwesterly

19

line of lands of the City of Wilkes-Barre as described in

20

Luzerne County Deed Book 1707 at Page 703:

21

Thence along lands now or formerly of The City of Wilkes-

22

Barre, North 62º 59' 00" West a distance of 31.72' to a point;

23

Thence along the same, North 29º 19' 00" West a distance of

24

550.42' to a point at the southeasterly corner of lands now or

25

formerly of Con Ed Realty Company, said point also being the

26

southwesterly corner of lands of the City of Wilkes-Barre as

27

described in Luzerne County Deed Book 1707 at Page 703:

28

Thence along other lands now or formerly of Con Ed Realty

29

Company, North 60º 46' 00" East a distance of 9.42' to a point;

30

Thence through lands now or formerly of the City of Wilkes-

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1

Barre as described in Luzerne County Deed Book 1707 at Page 703,

2

South 29º 20' 56" East a distance of 375.13' to a point;

3

Thence through the same, a distance of 87.20' measured along

4

the arc of a curve to the left having a radius of 300.58', a

5

chord bearing of South 37º 39' 38" East a distance of 86.90' to

6

a point;

7

Thence through the same, South 45º 58' 20" East a distance of

8

631.16' to a point;

9

Thence through the same, South 63º 59' 31" East a distance of

10

37.12' to a point along the northwesterly right-of-way line of

11

North Sherman Street;

12

Thence along the northwesterly right-of-way line of North

13

Sherman Street, South 61º 03' 00" West a distance of 51.08' to a

14

point along the northeasterly right-of-way line of Coal Street;

15

Thence along the northeasterly right-of-way line of Coal

16

Street, North 46º 00' 00" West a distance of 542.00 to a point,

17

the place of beginning.

18

Containing an area of 29,608.24 Square Feet or 0.68 acres of

19

land, more or less.

20

Being a portion of Lands of the City of Wilkes-Barre as

21

described in Luzerne County Deed Book 1707 at Page 703.

22

Said property is located within the Property Identification

23

Number of H10SW4-004-025.

24

Also being all of a 0.68 acre parcel shown as lands to be

25

conveyed to the City of Wilkes-Barre for Coal Street Right-of-

26

Way as shown on Plan No. V-0801 dated 02-16-09 as prepared by

27

Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard Suite

28

409, Wilkes-Barre, Pa. 18702.

29

The City of Wilkes-Barre with the cooperation of Pennsylvania

30

Department of Transportation has proposed the construction of a

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1

new roadway within the above described premises.

2

The City of Wilkes-Barre will replace the parcel through a

3

land exchange.

4

(e)  Replacement lands.--

5

Parcel One

6

All that certain pieces or parcels of land situated in the

7

City of Wilkes-Barre, County of Luzerne and State of

8

Pennsylvania, more particularly bounded and described as

9

follows:

10

Commencing at a point in the northeasterly side of Coal

11

Street, said point being North 32º 35' 00" East a distance of

12

25.28' from a stone monument at an angle point of Coal Street

13

near Grant Street and S 46º 00' 00" East a distance of 542.00

14

feet along the northeasterly side of Coal Street being 50' wide,

15

and North 61º 03' 00" East a distance of 51.08' to a point along

16

the northerly right-of-way line of North Sherman Street, thence

17

through lands of the City of Wilkes-Barre as described in

18

Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31"

19

West a distance of 37.12' to a point, thence through the same,

20

North 45º 58' 20" West a distance of 631.16' to a point thence

21

through the same, a distance of 87.20' measured along the arc of

22

a curve to the right having a radius of 300.58', a chord bearing

23

of North 37º 39' 38" West and a chord distance of 86.90' to a

24

point, thence through the same, North 29º 20' 56" West a

25

distance of 375.13' to a point in line of lands now or formerly

26

of Con Ed Realty Company and along lands now or formerly of Con

27

Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM

28

Properties, LLC, ANM Properties, Inc. and The City of Wilkes-

29

Barre, North 60º 46' 00" East a distance of 1166.69' to a point

30

at the northwesterly corner of other lands of the City of

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1

Wilkes-Barre as described in Luzerne County Deed Book 1883 at

2

Page 883 and the place of beginning;

3

Thence along other lands now or formerly of the City of

4

Wilkes-Barre, North 60º 46' 00" East a distance of 156.91' to a

5

point;

6

Thence along other lands now or formerly of the City of

7

Wilkes-Barre, South 46º 18' 00" East a distance of 222.92' to a

8

point;

9

Thence along the same, South 42º 17' 30" West a distance of

10

60.80' to a point;

11

Thence along the same, South 47º 43' 30" East a distance of

12

405.67' to a point along the westerly right-of-way line of

13

Stevens Street;

14

Thence along the westerly right-of-way line of Stevens

15

street, South 23º 43' 43" East a distance of 258.71 to a point

16

in line of Lands now or formerly of the City of Wilkes-Barre as

17

described in Luzerne County deed Book 1707 at Page 703;

18

Thence along the dividing line of Lands now or formerly of

19

the City of Wilkes-Barre as described in Luzerne County Deed

20

Book 1707 at Page 703, and other Lands now or formerly of the

21

City of Wilkes-Barre as described in Luzerne County Deed Book

22

1883 at Page 883 North 46º 18' 00" West a distance of 914.90 to

23

a point, the place of beginning;

24

Containing an area of 87,157.35 Square Feet or 2.00 acres of

25

land, more or less.

26

Being a portion of Lands of the City of Wilkes-Barre as

27

described in Luzerne County Deed Book 1883 at Page 883.

28

Said property is located within the Property Identification

29

Number of H10-000-14D.

30

Also being all of a 2.00 acre parcel shown as the

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1

northeasterly replacement area to be consolidated with lands of

2

the City of Wilkes-Barre as shown on Plan No. V-0801 dated

3

02-16-09 as prepared by Pennoni Associates, Inc. 100 North

4

Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

5

Parcel Two

6

All that certain pieces or parcels of land situated in the

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City of Wilkes-Barre, County of Luzerne and State of

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Pennsylvania, more particularly bounded and described as

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follows:

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Commencing at a point in the northeasterly side of Coal

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Street, said point being North 32º 35' 00" East a distance of

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25.28' from a stone monument at an angle point of Coal Street

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near Grant Street and S 46º 00' 00" East a distance of 542.00

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feet along the northeasterly side of Coal Street being 50' wide,

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and North 61º 03' 00" East a distance of 51.08' to a point along

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the northerly right-of-way line of North Sherman Street, thence

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through lands of the City of Wilkes-Barre as described in

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Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31"

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West a distance of 37.12' to a point, thence through the same,

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North 45º 58' 20" West a distance of 631.16' to a point thence

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through the same, a distance of 87.20' measured along the arc of

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a curve to the right having a radius of 300.58', a chord bearing

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of North 37º 39' 38" West and a chord distance of 86.90' to a

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point, thence through the same, North 29º 20' 56" West a

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distance of 375.13' to a point in line of lands now or formerly

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of Con Ed Realty Company and along lands now or formerly of Con

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Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM

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Properties, LLC, ANM Properties, Inc. and The City of Wilkes-

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Barre, North 60º 46' 00" East a distance of 1166.69' to a point

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at the northwesterly corner of other lands of the City of

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1

Wilkes-Barre as described in Luzerne County Deed Book 1883 at

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Page 883, thence along other lands of City of Wilkes-Barre (2.00

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Acre Replacement Area) and the southwesterly right-of-way line

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of Stevens Street, South 46º 18' 00" East a distance of

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1,040.08' more or less to a point, the place of beginning;

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Thence along the southwesterly right-of-way line of Stevens

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Street, South 55º 05' 43" East a distance of 500.53' more or

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less to a point along the northerly right-of way line of North

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Sherman Street;

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Thence along the northerly right-of-way line of North Sherman

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Street, South 43º 42' 00" West a distance of 76.53' more or less

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to a point;

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Thence along the dividing line of the City of Wilkes-Barre as

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described in Luzerne County Deed Book 1883 at Page 883, and of

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the City of Wilkes-Barre as described in Luzerne County Deed

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Book 1707 at Page 703, North 46º 18' 00" West a distance of

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494.64' to a point, the place of beginning.

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Containing an area of 18,928 Square Feet or 0.43 acres of

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land, more or less.

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Being a portion of Lands of the City of Wilkes-Barre as

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described in Luzerne County Deed Book 1883 at Page 883.

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Said property is located within the Property Identification

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Number of H10-000-14D.

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Also being all of a 0.43 acre parcel shown as the

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southeasterly replacement area to be consolidated with lands of

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the City of Wilkes-Barre as shown on Plan No. V-0801 dated

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02-16-09 as prepared by Pennoni Associates, Inc. 100 North

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Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

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(f)  Costs and fees.--Costs and fees incidental to this

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conveyance shall be borne by the grantee.

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Section 4.  Release of restrictions in Lackawanna County.

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(a)  Authorization.--Pursuant to the requirements of section

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20(b) of 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, the

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General Assembly hereby authorizes the release of Project 70

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restrictions and transfer of the lands owned by the Borough of

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Old Forge which are more particularly described in subsection

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(c) and the sale of said lands in accordance with the Project 70

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Land Acquisition and Borrowing Act for a consideration of not

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less than $5,000, which sum represents a minimum fair market

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value of the property as determined by an appraisal.

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(b)  Freedom of restrictions.--The lands described in

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subsection (c) shall be free of restrictions on use and

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alienation imposed by the Project 70 Land Acquisition and

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Borrowing Act upon conveyance of said lands by the Borough of

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Old Forge.

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(c)  Lands to be released from restrictions.--The parcel of

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land to be released from Project 70 restrictions is situated in

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the Borough of Old Forge, Lackawanna County, and is more

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particularly described as follows:

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All that certain piece or parcel of land being: in the

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Borough of Old Forge, County of Lackawanna and Commonwealth of

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Pennsylvania bounded and described as follows to wit:

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BEGINNING at a point on the westerly side of Lawrence Street,

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said point being eighty and sixteen one-hundredths (80.16) feet

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in a southeasterly direction, along the westerly side of

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Lawrence Street from the intersection of the westerly side of

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Lawrence Street and the southerly line of Centre Street, said

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point being also the northeasterly corner of Lot 6, Block No.

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12; Thence in a southeasterly direction along the westerly side

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1

of Lawrence Street two hundred-forty and forty-seven one-

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hundredths (240.47) feet, the southwesterly corner of Lot 16,

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Block 12; Thence in a southwesterly direction along the dividing

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line between Lot 16 and Lot 18, Lot 18 conveyed to Mrs. Dick,

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for a distance of one hundred seventy-three and one-tenth

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(173.10) feet to a 28 foot wide alley; Thence in a northwesterly

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direction along said alley two hundred forty (240) feet to the

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northwesterly corner of Lot 6; Thence at right angles in a

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northeasterly direction along the dividing line between Lot 4

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and Lot 6 one hundred fifty-eight and one-tenth (158.10) feet to

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the place of beginning. Containing 39,744 Square Feet, more or

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less, and being Lots 6, 8, 10, 12, 14 and 16, Block No. 12 of

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the Lawrenceville Section of Old Forge, as shown on MAP OF THAT

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PORTION OF THE WILLIAM CONNELLS LAWRENCE PROPERTY LOCATED IN OLD

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FORGE, LACKAWANNA COUNTY, PA recorded in the Office of the

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Recorder of Deeds in and for Lackawanna County January 6, 1901,

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in Map Book 1 Page 101.

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Being Parcel 3 of the lands conveyed to the Borough of Old

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Forge by Pitreal Corporation by Deed dated April 15, 1968, which

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Deed is recorded in the Lackawanna County Recorder of Deeds

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Office in Record Book No. 667 at page No. 523 et seq.

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(d)  Use of proceeds.--The consideration received by the

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Borough of Old Forge from the sale of land shall be deposited in

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a special account established by the Borough of Old Forge for

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the maintenance, improvement and development of Pagnotti Park.

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Section 8 5.  Effective date.

<--

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This act shall take effect immediately.

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