1Approving the release of Project 70 restrictions on certain land 
2owned by the Borough of Downingtown, Chester County, in 
3return for the development of public park improvements within 
4Kardon Park within the Borough of Downingtown and East Caln 
5Township, Chester County; and making a related repeal.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Release of restrictions in Chester County.

9(a) Authorization.--Pursuant to the requirements of section
1020(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
11known as the Project 70 Land Acquisition and Borrowing Act, the
12General Assembly approves the release of Project 70 restrictions
13from the land owned by the Borough of Downingtown, Chester
14County, which is more particularly described in subsection (c)
15in accordance with the following conditions:

16(1) The following apply to consideration:

17(i) Project 70 restrictions removed from the land
18described in subsection (c) shall be for $285,000, which 
19is the fair market value of the restrictions as

1established by a self-contained appraisal report prepared
2by a State-certified general appraiser certified under
3the act of July 10, 1990 (P.L.404, No.98), known as the
4Real Estate Appraisers Certification Act.

5(ii) Any land within the area described in
6subsection (c) sold by the Borough of Downingtown,
7without Project 70 restrictions, shall be for an amount
8equal to or greater than the fair market value of the
9land as established by a self-contained appraisal report
10prepared by a State-certified general appraiser certified
11under the Real Estate Appraisers Certification Act.

12(2) The proceeds of the sale of the land and the release
13of the Project 70 restrictions shall be deposited into an
14interest-bearing account established by the Borough of
15Downingtown and designated solely for the purposes of the
16conditions under this subsection.

17(3) The money in the interest-bearing account shall be
18used by the Borough of Downingtown for the sole purpose of
19improvements to Kardon Park in accordance with a development
20plan, including<-, but not limited to:

21(i) Construction plans and specifications prepared
22by a licensed engineer or landscape architect and
23preapproved in writing by the department.

24(ii) The following improvements for use by the
25public:

26(A) Trails.

27(B) Pedestrian bridges.

28(C) Parking.

29(D) Docks and boating slips.

30(E) Enhancements to the water quality and

1quantity of the ponds and millrace. This clause
2includes:

3(I) introduction of fresh water and
<-4foundations fountains; and

5(II) aeration devices.

6(F) Wetlands plantings.

7(G) Remediation of environmentally contaminated
8soils.

9(H) Landscaping.

10(I) Measures to save existing mature trees.

11(J) Lighting.

12(K) Signage.

13(L) Par courses.

14(M) Fencing.

15(iii) Improvements to protect safety of pedestrians
16crossing the Struble Trail.

17(4) The Borough of Downingtown shall certify to the 
18department that an area of land matching the metes and bounds 
19description in subsection (d) has been deed restricted for 
20public park use, which (deed restriction) has been recorded 
21by the Borough of Downingtown in the form and substance 
22acceptable to the department. The department and the Borough 
23of Downingtown may mutually agree on adjustments to the metes 
24and bounds of the public park land as long as the public park 
25land is not less than 20.0 acres in size.

26(b) Use of <-money funds securing the public park
27improvements.--In accordance with the requirements set forth in
28subsection (a):

29(1) The <-money funds, including interest, shall be used
30solely to ensure the development of public park improvements

1within Kardon Park constructed or caused to be constructed by
2the Borough of Downingtown in accordance with the plan
3approved by the department. The <-money funds shall be released
4for the development of the Kardon Park following approval of
5the development plan as set forth in subsection (a)(3).

6(2) Any <-money funds, including interest, remaining five
7years after the date the <-money is funds are deposited, unless
8extended by the department for a period not to exceed two
9years, shall immediately be paid to the department for
10deposit in the department's General Restricted Revenue Fund
11for the purpose of funding conservation and recreation
12grants. Failure to make the payment shall result in the
13amount of <-money funds, including interest, constituting a
14debt by the Borough of Downingtown to the Commonwealth.

15(c) Land subject to the release from Project 70
16restrictions.--The land which is subject to the release from
17Project 70 restrictions in accordance with the provisions under
18subsection (a) is as follows:

19All that certain tract of land situate in East Caln Township,
20Chester County, Pennsylvania, as shown on a plan entitled "P-
2170 Park Plan" prepared by Commonwealth Engineers, Inc.,
22Downingtown, Pennsylvania, dated July 18, 2012, and being
23more fully described as follows:

24Beginning at an existing railroad spike (set) located in the
25center of Norwood Road, said point being the northwestern
26corner of parcel 4001 00223010e in East Caln Township,
27Chester County, Pennsylvania, and the true point of
28beginning;

29Thencefrom the beginning of left curve from which the radius
30point bears north 28°51'05" west, northeasterly and northerly

1a distance of 443.47 feet along the curve concave to the
2northwest, having a radius of 345.61 feet and a central angle
3of 73°31'06";

4Thence north 12°22'11" west tangent to said curve, a distance
5of 67.97 feet;

6Thence north 72°52'49" east, a distance of 604.99 feet;

7Thence south 13°06'52" east, a distance of 762.14 feet;

8Thence south 76°49'32" west, a distance of 405.48 feet;

9Thence south 16°56'28" east, a distance of 171.56 feet;

10Thence south 83°37'40" west, a distance of 474.54 feet;

11Thence north 14°12'52" west, a distance of 130.69 feet;

12Thence north 77°50'08" east, a distance of 17.50 feet;

13Thence north 14°12'52" west, a distance of 309.33 feet to the
14point of beginning.

15Containing 14.177 acres, more or less.

16(d) Lands subject to the deed restriction.--The lands which
17are subject to the deed restriction as required by subsection
18(a)(4) are as follows:

19Parcel "A"

20All that certain tract of land situate in Downingtown Borough
21and East Caln Township, Chester County, Pennsylvania, as shown
22on a plan entitled -"A" Park Area Legal Description Plan-
23prepared by Commonwealth Engineers, Inc., Downingtown,
24Pennsylvania, dated September 7, 2012, and being more fully
25described as follows:

26Beginning at an existing bolt (set) located in the center of
27Pennsylvania Avenue, said point being the southeastern corner
28of parcel <-1104 0014020e 1104 0023000E in Downingtown Borough,
29Chester County, Pennsylvania, and the true point of
30beginning;

1Thence south 43°46'50" west, a distance of 500.70 feet;

2Thence south 43°02'02" west, a distance of 5.40 feet;

3Thence north 30°25'01" west, a distance of 136.79 feet;

4Thence north 02°57'50" east, a distance of 361.29 feet;

5Thence south 87°02'10" east, a distance of 123.32 feet;

6Thence north 14°36'16" east, a distance of 111.23 feet;

7Thence north 01°41'02" east, a distance of 237.40 feet;

8Thence north 46°12'15" west, a distance of 361.72 feet;

9Thence north 01°41'02" east, a distance of 129.44 feet;

10Thence north 43°18'58" west, a distance of 73.53 feet;

11Thence north 01°41'02" east, a distance of 83.92 feet;

12Thence north 43°18'58" west, a distance of 19.80 feet;

13Thence north 88°18'58" west, a distance of 39.21 feet;

14Thence north 41°40'09" west, a distance of 24.75 feet;

15Thence north 88°18'58" west, a distance of 136.35 feet to the
16beginning of a curve concave to the southwest having a radius
17of 367.00 feet and a central angle of 13°35'22" and being
18subtended by a chord which bears north 33°05'05" west 86.84
19feet;

20Thence northwesterly along said curve, a distance of 87.04
21feet; Thence north 39°52'46" west tangent to said curve, a
22distance of 277.81 feet to the beginning of a curve tangent
23to said line;

24Thence northwesterly a distance of 34.60 feet along the curve
25concave to the southwest, having a radius of 187.00 feet and
26a central angle of 10°36'07";

27Thence north 50°28'53" west tangent to said curve, a distance
28of 55.38 feet to the beginning of a curve concave to the west
29having a radius of 345.61 feet and a central angle of
3045°44'34" and being subtended by a chord which bears north

110°30'06" east 268.65 feet;

2Thence northeasterly and northerly along said curve, a
3distance of 275.92 feet;

4Thence north 12°22'11" west tangent to said curve, a distance
5of 67.97 feet;

6Thence north 72°52'49" east, a distance of 604.99 feet;

7Thence south 13°06'52" east, a distance of 762.14 feet;

8Thence south 13°06'28" east, a distance of 1148.90 feet to
9the point of beginning.

10Containing 19.107 acres.

11Parcel "B"

12All that certain tract of land situate in Downingtown Borough
13and East Caln Township, Chester County, Pennsylvania, as
14shown on a plan entitled "Park Area Legal Description Plan"
15prepared by Commonwealth Engineers, Inc., Downingtown,
16Pennsylvania, dated September 7, 2012, and being more fully
17described as follows:

18Beginning at an existing railroad spike (set) located in the
19center of Norwood Road, said point being the northwestern
20corner of parcel 4001 0023010e in East Caln Township, Chester
21County, Pennsylvania, and the true point of beginning;

22Thencefrom the beginning of left curve from which the radius
23point bears north 28°51'05" west, northeasterly a distance of
2497.93 feet along the curve concave to the northwest, having a
25radius of 345.61 feet and a central angle of 16°14'03";

26Thence south 50°28'53" east, a distance of 54.93 feet to the
27beginning of a curve tangent to said line;

28Thence southeasterly a distance of 21.74 feet along the curve
29concave to the southwest, having a radius of 117.50 feet and
30a central angle of 10°36'07";

1Thence south 39°52'46" east tangent to said curve, a distance
2of 178.08 feet;

3Thence south 50°07'15" west, a distance of 190.53 feet;

4Thence south 75°47'08" west, a distance of 39.06 feet;

5Thence north 14°12'52" west, a distance of 268.18 feet to the
6point of beginning.

7Containing .990 acres.

8Total restricted park property contains 20.097 acres, more or
9less.

10(e) Definition.--As used in this section, the term 
11"department" means the Department of Conservation and Natural 
12Resources of the Commonwealth.

13Section 2. Repeal.

14(a) Declaration of policy.--The General Assembly declares
15that the repeal under subsection (b) is necessary to effectuate
16section 1.

17(b) Provision.--Section 6 of the act of October 24, 2012 
18(P.L.1293, No.162), entitled "An act authorizing the Department 
19of Conservation and Natural Resources to release, upon the 
20satisfaction of certain conditions, Project 70 restrictions on 
21certain land owned by the West Rockhill - Sellersville Joint 
22Recreation Authority, Bucks County; authorizing the conveyance 
23of an easement and the release of Project 70 restrictions 
24imposed on a portion of land owned by the Pennsylvania Fish and 
25Boat Commission in Gamble Township, Lycoming County, in return 
26for the imposition of Project 70 restrictions on certain land 
27being conveyed to the commission in Gamble Township, Lycoming 
28County, and other terms and conditions; authorizing the sale and 
29transfer of title for Project 70 lands owned by Erie County to 
30Springfield Township, Erie County; authorizing Westmoreland
 

1County to convey and transfer a fee interest in certain Project 
270 land in Unity Township free of Project 70 restrictions in 
3return for the imposition of Project 70 restrictions on other 
4land in Unity Township to be acquired by Westmoreland County; 
5authorizing the Department of General Services, with the 
6approval of the Department of Military and Veterans Affairs and 
7the Governor, to grant and convey to QRS Realty Corp. certain 
8lands and building situate in the City of Erie, Erie County; and 
9approving the release of Project 70 restrictions on certain land 
10owned by the Borough of Downingtown, Chester County, in return 
11for the development of public park improvements within Kardon 
12Park within the Borough of Downingtown and East Caln Township, 
13Chester County," is repealed.

14Section 3. This act shall take effect immediately.