| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 102, 234, 913 | PRINTER'S NO. 2417 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MANDERINO, BRIGGS, GERBER, BEYER, CALTAGIRONE, DALEY, KORTZ, KULA, MAHONEY, MURT, PHILLIPS, PAYNE, THOMAS, BENNINGHOFF AND D. COSTA, JANUARY 28, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 8, 2009 |
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| AN ACT |
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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 | <-- |
6 | 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 | <-- |
19 | County. |
20 | (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 authorizes the release of Project 70 |
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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 | <-- |
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). | <-- |
8 | Section 2. Freedom of restrictions. | <-- |
9 | (b) Freedom of restrictions.--The lands land described in | <-- |
10 | section 3 subsection (c) shall be free of restrictions on use | <-- |
11 | and alienation imposed by the Project 70 Land Acquisition and |
12 | Borrowing Act upon conveyance of the lands land by Lower Merion | <-- |
13 | Township. |
14 | Section 3. Land to be released from restrictions. | <-- |
15 | (c) Land to be released from restrictions.--The section of | <-- |
16 | the land to be released from Project 70 restrictions are is | <-- |
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. | <-- |
20 | (d) Use of sale proceeds.--The consideration of $180,000 | <-- |
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 | <-- |
24 | section, the township shall acquire park land of equal market | <-- |
25 | value and equivalent usefulness to replace the land described in |
26 | section 3 subsection (c). Use of funds from the special account | <-- |
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 | <-- |
30 | the Commonwealth for deposit into the Project 70 Land |
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1 | Acquisition Sinking Fund. |
2 | Section 5. Remedies. | <-- |
3 | (e) Remedies.--If Lower Merion Township fails to comply with | <-- |
4 | section 4 subsection (d), the Department of Conservation and | <-- |
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. | <-- |
10 | (f) Project 70 deed clause.--The following restrictions | <-- |
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. | <-- |
17 | (g) Costs and fees.--Costs and fees incidental to this | <-- |
18 | conveyance shall be borne by the grantee. |
19 | Section 2. City of Warren, Warren County. | <-- |
20 | (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 |
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, thence along other lands of City of Wilkes-Barre (2.00 |
3 | Acre Replacement Area) and the southwesterly right-of-way line |
4 | of Stevens Street, South 46º 18' 00" East a distance of |
5 | 1,040.08' more or less to a point, the place of beginning; |
6 | Thence along the southwesterly right-of-way line of Stevens |
7 | Street, South 55º 05' 43" East a distance of 500.53' more or |
8 | less to a point along the northerly right-of way line of North |
9 | Sherman Street; |
10 | Thence along the northerly right-of-way line of North Sherman |
11 | Street, South 43º 42' 00" West a distance of 76.53' more or less |
12 | to a point; |
13 | Thence along the dividing line of the City of Wilkes-Barre as |
14 | described in Luzerne County Deed Book 1883 at Page 883, and of |
15 | the City of Wilkes-Barre as described in Luzerne County Deed |
16 | Book 1707 at Page 703, North 46º 18' 00" West a distance of |
17 | 494.64' to a point, the place of beginning. |
18 | Containing an area of 18,928 Square Feet or 0.43 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 1883 at Page 883. |
22 | Said property is located within the Property Identification |
23 | Number of H10-000-14D. |
24 | Also being all of a 0.43 acre parcel shown as the |
25 | southeasterly replacement area to be consolidated with lands of |
26 | the City of Wilkes-Barre as shown on Plan No. V-0801 dated |
27 | 02-16-09 as prepared by Pennoni Associates, Inc. 100 North |
28 | Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702. |
29 | (f) Costs and fees.--Costs and fees incidental to this |
30 | conveyance shall be borne by the grantee. |
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1 | Section 4. Release of restrictions in Lackawanna County. |
2 | (a) Authorization.--Pursuant to the requirements of section |
3 | 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), |
4 | known as the Project 70 Land Acquisition and Borrowing Act, the |
5 | General Assembly hereby authorizes the release of Project 70 |
6 | restrictions and transfer of the lands owned by the Borough of |
7 | Old Forge which are more particularly described in subsection |
8 | (c) and the sale of said lands in accordance with the Project 70 |
9 | Land Acquisition and Borrowing Act for a consideration of not |
10 | less than $5,000, which sum represents a minimum fair market |
11 | value of the property as determined by an appraisal. |
12 | (b) Freedom of restrictions.--The lands described in |
13 | subsection (c) shall be free of restrictions on use and |
14 | alienation imposed by the Project 70 Land Acquisition and |
15 | Borrowing Act upon conveyance of said lands by the Borough of |
16 | Old Forge. |
17 | (c) Lands to be released from restrictions.--The parcel of |
18 | land to be released from Project 70 restrictions is situated in |
19 | the Borough of Old Forge, Lackawanna County, and is more |
20 | particularly described as follows: |
21 | All that certain piece or parcel of land being: in the |
22 | Borough of Old Forge, County of Lackawanna and Commonwealth of |
23 | Pennsylvania bounded and described as follows to wit: |
24 | BEGINNING at a point on the westerly side of Lawrence Street, |
25 | said point being eighty and sixteen one-hundredths (80.16) feet |
26 | in a southeasterly direction, along the westerly side of |
27 | Lawrence Street from the intersection of the westerly side of |
28 | Lawrence Street and the southerly line of Centre Street, said |
29 | point being also the northeasterly corner of Lot 6, Block No. |
30 | 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- |
2 | hundredths (240.47) feet, the southwesterly corner of Lot 16, |
3 | Block 12; Thence in a southwesterly direction along the dividing |
4 | line between Lot 16 and Lot 18, Lot 18 conveyed to Mrs. Dick, |
5 | for a distance of one hundred seventy-three and one-tenth |
6 | (173.10) feet to a 28 foot wide alley; Thence in a northwesterly |
7 | direction along said alley two hundred forty (240) feet to the |
8 | northwesterly corner of Lot 6; Thence at right angles in a |
9 | northeasterly direction along the dividing line between Lot 4 |
10 | and Lot 6 one hundred fifty-eight and one-tenth (158.10) feet to |
11 | the place of beginning. Containing 39,744 Square Feet, more or |
12 | less, and being Lots 6, 8, 10, 12, 14 and 16, Block No. 12 of |
13 | the Lawrenceville Section of Old Forge, as shown on MAP OF THAT |
14 | PORTION OF THE WILLIAM CONNELLS LAWRENCE PROPERTY LOCATED IN OLD |
15 | FORGE, LACKAWANNA COUNTY, PA recorded in the Office of the |
16 | Recorder of Deeds in and for Lackawanna County January 6, 1901, |
17 | in Map Book 1 Page 101. |
18 | Being Parcel 3 of the lands conveyed to the Borough of Old |
19 | Forge by Pitreal Corporation by Deed dated April 15, 1968, which |
20 | Deed is recorded in the Lackawanna County Recorder of Deeds |
21 | Office in Record Book No. 667 at page No. 523 et seq. |
22 | (d) Use of proceeds.--The consideration received by the |
23 | Borough of Old Forge from the sale of land shall be deposited in |
24 | a special account established by the Borough of Old Forge for |
25 | the maintenance, improvement and development of Pagnotti Park. |
26 | Section 8 5. Effective date. | <-- |
27 | This act shall take effect immediately. |
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