PRINTER'S NO. 5
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
26
Session of
2019
INTRODUCED BY SCHWANK, JANUARY 11, 2019
REFERRED TO STATE GOVERNMENT, JANUARY 11, 2019
AN ACT
Authorizing the release of Project 70 restrictions on certain
lands owned by the Borough of Topton, Berks County, in
exchange for the imposition of Project 70 restrictions on
other lands to be acquired by the Borough of Topton, Berks
County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Restrictions in the Borough of Topton, Berks County.
(a) Authorization.--Under 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 hereby authorizes the release of Project 70
restrictions on land owned by the Borough of Topton, Berks
County, described in subsection (b), in return for the
imposition of Project 70 restrictions on land described in
subsection (c).
(b) Land to be released from Project 70 restrictions.--The
land to be released from Project 70 restrictions is as follows:
ALL THAT CERTAIN tract or parcel of land located north of West
Weiss Street (54-foot right-of-way) between South Cherry Street
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(54-foot right-of-way) and South Callowhill Street (54-foot
right-of-way), situate in the Borough of Topton, County of
Berks, Commonwealth of Pennsylvania, being a portion of the
lands of the Borough of Topton to be conveyed to Robert S. and
Louise E. Blanchard, as shown on and described in accordance
with Lot Conveyance Exhibit, Lands of the Borough of Topton to
be Conveyed to Robert S. & Louise E. Blanchard (EX-1), prepared
by Barry Isett and Associates, Inc., dated January 12, 2017, as
follows:
COMMENCING at the intersection of the northerly right-of-way
line of said West Weiss Street and the westerly right-of-way
line of said Cherry Street; thence along said westerly right-of-
way line of Cherry Street, as shown on the aforesaid Lot
Conveyance Exhibit, Lands of the Borough of Topton to be
Conveyed to Robert S. & Louise E. Blanchard (EX-1), passing
partially in an through Evergreen Drive (18-foot right-of-way),
North 16 degrees 30 minutes 36 seconds West, 342.36 feet to a 1"
pipe found at the common corner of lands of Paul Carl and Nina
Beck and lands of Ronald C. and Wilma M. Herman; thence along
the common line of said lands of Paul Carl and Nina Beck and
lands of Ronald C. and Wilma M. Herman, South 73 degrees 29
minutes 10 seconds West, 168.72 feet to a 1" rod leaning to the
east found at the TRUE POINT OF BEGINNING of the herein
described; thence along said land of Paul Carl and Nina Beck,
South 25 degrees 42 minutes 18 seconds West, 17.01 feet to a 2"
pipe found; thence along the lands of Robert S. and Louise E.
Blanchard, grantees herein, South 26 degrees 05 minutes 28
seconds West, 150.58 feet; thence through the lands of the
Borough of Topton, grantors herein, the following four (4)
courses and distances;
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(1) North 12 degrees 46 minutes 36 seconds East, 58.37 feet;
(2) North 22 degrees 45 minutes 09 seconds East, 31.60 feet;
(3) North 26 degrees 21 minutes 05 seconds East, 65.57 feet;
(4) North 73 degrees 29 minutes 10 seconds East, 20.20 feet to
the TRUE POINT OF BEGINNING.
CONTAINING: 1,930 square feet.
Subject to all covenants and agreements of record.
BEING a portion of the same premises which John J. Leibensperger
and Vertie Mae Leibensberger, his wife, by deed dated December
14, 1949, and recorded in the Office of the Recorder of Deeds in
and for the County of Berks, PA., in Deed Book Volume 1052 Page
246, did grant and convey unto the Borough of Topton, a
Municipal Corporation of the State of Pennsylvania.
A portion of Berks County Tax PIN 546320910811.
(c) Land subject to the imposition of Project 70
restrictions.--The land to be acquired by the Borough of Topton,
Berks County, on which Project 70 restrictions are to be
imposed, is as follows:
ALL THAT CERTAIN tract or parcel of land located north of West
Weiss Street (54-foot right-of-way) between South Cherry Street
(54-foot right-of-way) and South Callowhill Street (54-foot
right-of-way), situate in the Borough of Topton, County of
Berks, Commonwealth of Pennsylvania, being a portion of the
lands of Robert S. and Louise E. Blanchard to be conveyed to the
Borough of Topton, as shown on and described in accordance with
Lot Conveyance Exhibit, Lands of Robert S. & Louise E. Blanchard
to be Conveyed to the Borough of Topton (EX-2), prepared by
Barry Isett and Associates, Inc., dated January 12, 2017, as
follows:
COMMENCING at the intersection of the westerly right-of-way line
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of said South Cherry Street and northerly right-of-way line of
said West Weiss Street; thence along said northerly right-of-way
line of West Weiss Street, as shown on the aforesaid Lot
Conveyance Exhibit, Lands of Robert S. & Louise E. Blanchard to
be Conveyed to the Borough of Topton (EX-2), South 73 degrees 35
minutes 22 seconds West, 374.16 feet to the TRUE POINT OF
BEGINNING of the herein described; thence along said northerly
right-of-way line of said West Weiss Street, South 73 degrees 35
minutes 22 seconds West, 40.98 feet; thence along the lands of
the Borough of Topton, grantees herein, the following two (2)
courses and distances;
(1) North 16 degrees 20 minutes 38 seconds West, 73.72 feet;
(2) North 26 degrees 05 minutes 28 seconds East, passing along
the western terminus of Evergreen Drive (18-foot right-of-way)
at a distance of 133.18 feet, for a total of 196.26 feet; thence
through the aforesaid lands of Robert S. and Louise E.
Blanchard, grantors herein, the following five (5) courses and
distances;
(1) South 12 degrees 46 minutes 36 seconds West, passing
through said Evergreen Drive at a distance of 32.58 feet, for a
total distance of 100.61 feet;
(2) South 35 degrees 04 minutes 47 seconds West, 30.00 feet;
(3) South 1 degree 32 minutes 33 seconds West, 32.93 feet;
(4) South 21 degrees 22 minutes 03 seconds East, 30.00 feet;
(5) South 3 degrees 30 minutes 41 seconds East, 52.00 feet to
the TRUE POINT OF BEGINNING.
CONTAINING: 6,863 square feet.
Subject to all covenants and agreements of record.
BEING a portion of the same premises which Wayne M. Eltz and
Ruth Eltz, his wife, by deed dated July 28, 1970, and recorded
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in the Office of the Recorder of Deeds in and for the County of
Berks, PA., in Deed Book Volume 1570 Page 754, did grant and
convey unto Robert S. Blanchard and Louise E. Blanchard, husband
and wife.
A portion of Berks County Tax PIN 546320912577.
(d) Deed restriction.--The deed of conveyance for the land
described in subsection (c) shall contain the following clause:
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), known as the Project 70 Land Acquisition and Borrowing
Act.
Section 2. Effective date.
This act shall take effect immediately.
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