Bill Text: PA HB1884 | 2011-2012 | Regular Session | Amended

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Bill Title: Authorizing the Department of Conservation and Natural Resources to release, upon the satisfaction of certain conditions, Project 70 restrictions on certain land owned by the West Rockhill - Sellersville Joint Recreation Authority, Bucks County; authorizing the conveyance of an easement and the release of Project 70 restrictions imposed on a portion of land owned by the Pennsylvania Fish and Boat Commission in Gamble Township, Lycoming County, in return for the imposition of Project 70 restrictions on certain land being conveyed to the commission in Gamble Township, Lycoming County, and other terms and conditions; authorizing the sale and transfer of title for Project 70 lands owned by Erie County to Springfield Township, Erie County; authorizing Westmoreland County to convey and transfer a fee interest in certain Project 70 land in Unity Township free of Project 70 restrictions in return for the imposition of Project 70 restrictions on other land in Unity Township to be acquired by Westmoreland County; authorizing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey to QRS Realty Corp. certain lands and building situate in the City of Erie, Erie County; and approving the release of Project 70 restrictions on certain land owned by the Borough of Downingtown, Chester County, in return for the development of public park improvements within Kardon Park within the Borough of Downingtown and East Caln Township, Chester County.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-10-24 - Act No. 162 [HB1884 Detail]

Download: Pennsylvania-2011-HB1884-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NO. 2450 PRINTER'S NO. 4224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1884 Session of2011
INTRODUCED BY STERN AND FLECK, SEPTEMBER 29, 2011
SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, OCTOBER 15, 2012
AN ACT
Authorizing the Department of General Services, with the <--
approval of the Department of Military and Veterans Affairs
and the Governor, to grant and convey to the Borough of
Tyrone certain land and improvements situate in the Borough
of Tyrone, Blair County, known as the Tyrone Armory.
Authorizing the Department of Conservation and Natural Resources <--
to release, upon the satisfaction of certain conditions,
Project 70 restrictions on certain land owned by the West
Rockhill – Sellersville Joint Recreation Authority, Bucks
County; authorizing the conveyance of an easement and the
release of Project 70 restrictions imposed on a portion of
land owned by the Pennsylvania Fish and Boat Commission in
Gamble Township, Lycoming County, in return for the
imposition of Project 70 restrictions on certain land being
conveyed to the commission in Gamble Township, Lycoming
County, and other terms and conditions; authorizing the sale
and transfer of title for Project 70 lands owned by Erie
County to Springfield Township, Erie County; authorizing
Westmoreland County to convey and transfer a fee interest in
certain Project 70 land in Unity Township free of Project 70
restrictions in return for the imposition of Project 70
restrictions on other land in Unity Township to be acquired
by Westmoreland County; authorizing the Department of General
Services, with the approval of the Department of Military and
Veterans Affairs and the Governor, to grant and convey to QRS
Realty Corp. certain lands and building situate in the City
of Erie, Erie County; and approving the release of Project 70
restrictions on certain land owned by the Borough of
Downingtown, Chester County, in return for the development of
public park improvements within Kardon Park within the
Borough of Downingtown and East Caln Township, Chester
County.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Borough of Tyrone, Blair County. <--
(a) Authorization.--The Department of General Services, with
the approval of the Department of Military and Veterans Affairs
and the Governor, is hereby authorized on behalf of the
Commonwealth of Pennsylvania to grant and convey to the Borough
of Tyrone, certain land and improvements situate in the Borough
of Tyrone, Blair County, for $80,000 and under terms and
conditions to be established in an Agreement of Sale with the
Department of General Services.
(b) Property description.--The property to be conveyed
pursuant to subsection (a) consists of a tract of land totaling
0.57-acres + and improvements thereon, bounded and more
particularly described as follows:
ALL THAT CERTAIN LOT OR PIECE OF GROUND situate in the
Borough of Tyrone, County of Blair and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at the Northeasterly corner of Logan Avenue and
Alley K; thence along the Easterly side of Logan Avenue South
eighteen degrees six minutes (18° 6') West one hundred thirty
(130) feet to line of premises conveyed by Ella M. Bell to G.
Wood Miller by deed recorded in said county in Deed Book Vol.
159, Page 37; thence along said Miller's line South seventy-one
degrees fifty-four minutes (71° 54') East one hundred thirty-two
and seven tenths (132.7) feet to a post; thence North seventy-
three degrees thirty minutes (73° 30') East fifty-two (52) feet
to a post on line of premises of A. A. Stevens, formerly land
conveyed by P. Sneeringer and others to David T. Caldwell by
deed recorded in said county in Deed Book Vol. 27, page 498;
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thence along said Stevens' line, North eighteen degrees six
minutes (18° 6') East one hundred and five tenths (100.5) feet
to the Southerly side of Alley K; thence along said side of
Alley K, North seventy-one degrees fifty-four minutes (71° 54')
West one hundred seventy-five and five tenths (175.5) feet to
the place of beginning.
BEING Tax Parcel No. 22.2-006-064
BEING the same premises conveyed to the Commonwealth of
Pennsylvania from Thomas C. Heims, Mrs. E. Grace Kolbenschlag
and Joseph E. Kolbenschlag, her husband, and Miss A. May Heims,
all of the Borough of Osceola, County of Clearfield and State of
Pennsylvania, and Mrs. Lillie W. Mills, widow of James K. Mills,
of the City of Braddock, County of Allegheny and State of
Pennsylvania, by deed dated February 15, 1912 and recorded
February 26, 1912, in the County of Blair, Pennsylvania in Deed
Book 206, Page 661.
(c) Conditions.--The conveyance shall be made under and
subject to all lawful and enforceable easements, servitudes and
rights of others, including but not confined to streets,
roadways and rights of any telephone, telegraph, water,
electric, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Deed restrictions.--Any conveyance authorized under this
act shall be made under and subject to the condition, which
shall be contained in the deed of conveyance, that no portion of
the property conveyed shall be used as a licensed facility, as
defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
other similar type of facility authorized under State law. The
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condition shall be a covenant running with the land and shall be
binding upon the Grantee, its successors and assigns. Should the
Grantee, its successors or assigns, permit any portion of the
property authorized to be conveyed in this act to be used in
violation of this subsection, the title shall immediately revert
to and revest in the Grantor.
(e) Deed.--The deed of conveyance shall be by special
warranty deed and shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the Grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited
in the State Treasury Armory Fund.
(h) Alternate disposal.--In the event that this conveyance
is not executed per the terms and conditions as established in
the Agreement of Sale, with the Department of General Services,
the property may be disposed of in accordance with Article 2405-
A of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
Section 2. Effective date.
This act shall take effect immediately.
Section 1. Release of restrictions in Bucks County. <--
(a) Authorization.--Pursuant to 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, and in accordance with the
requirements in section 2 of that act, the General Assembly
authorizes the Department of Conservation and Natural Resources
to release Project 70 restrictions from the land owned by the
West Rockhill – Sellersville Joint Recreation Authority, Bucks
County, which is more particularly described in subsection (b),
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subject to the following conditions:
(1) The land must be sold for an amount equal to or
greater than the fair market value of the land as established
by a self-contained appraisal report prepared by a real
estate appraiser certified under the act of July 10, 1990
(P.L.404, No.98), known as the Real Estate Appraisers
Certification Act.
(2) The proceeds of the sale of the land must be
deposited into an interest-bearing account established by the
authority and designated solely for the purposes of the
conditions under this subsection.
(3) The money in the account must be used by the
authority for the sole purpose of improvements to the Holiday
House Pool Complex in accordance with a plan preapproved in
writing by the department.
(4) Within five years after the date of conveyance of
the land by the authority any money remaining in the account
must be paid to the Commonwealth for deposit in the Keystone
Recreation, Park and Conservation Fund. Failure to comply
with this paragraph shall result in the amount of money in
the account constituting a debt by the authority to the
Commonwealth.
(b) Land subject to the release from Project 70
restrictions.--The land which is subject to the release from
Project 70 restrictions in accordance with the provisions under
subsection (a) is described as follows:
ALL THAT CERTAIN tract of land lying northeast of the
intersection of Washington Avenue (T-348) and Holiday House Road
(T-491) situate within the Township of West Rockhill, County of
Bucks, Commonwealth of Pennsylvania, as referenced by "Exception
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Area" on the plan titled, "Holiday House Joint Recreation
Authority TMP 52-014-145" dated March 13, 2012, prepared by C.
Robert Wynn Associates, Inc., more particularly described as
follows:
BEGINNING at a point, the western-most corner of lands now or
late of Holiday House Joint Recreation Authority
(TMP# 52-014-145), said point being at the
approximate center line intersection of Washington
Ave (T-348) and Holiday House Road (T-491), and being
located North 52° 53’ 46” West a distance of 939.58
feet from a railroad spike within the cartway of
Washington Ave in line with adjoining lands now or
late of Robert and Lucille Moore (TMP# 39-3-109);
said point also being the PLACE OF BEGINNING; THENCE,
in and along the cartway of Holiday House Rd North
34° 28’ 46” East a distance of 169.70 feet to a
point; THENCE, leaving the cartway of Holiday House
Rd and extending in and thru lands now or late of
Holiday House Joint Recreation Authority South 52°
53’ 46” East a distance of 246.90 feet to a point;
THENCE, continuing thru lands now or late of Holiday
House Joint Recreation Authority South 37° 06’ 14”
West a distance of 169.52 feet to a point within the
cartway of Washington Ave; THENCE, continuing along
the cartway of Washington Ave North 52° 53’ 46” West
a distance of 239.13 feet to a point, the PLACE OF
BEGINNING;
CONTAINING a calculated area of 0.9457 acres, more or less, of
land.
Section 2. Conveyance of easement and release of restrictions
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in Rose Valley Lake, Gamble Township, Lycoming
County.
(a) Authorization.--The General Assembly hereby authorizes
the Pennsylvania Fish and Boat Commission to grant and convey to
Robert Maguire, subject to residential use and utility line
access only restrictions, and free of restrictions on use and
alienation imposed by 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, an access easement on land
situate in Gamble Township, Lycoming County and described in
subsection (b) in exchange for that certain property to be
conveyed to the commission described in subsection (c) and
subject to Project 70 restrictions and under other terms and
conditions described in subsection (d).
(b) Description of property to be conveyed by
commission.--The 33-feet-wide access easement to be conveyed by
the commission and to be released from Project 70 restrictions
is described as all that certain piece or parcel of land situate
in Gamble Township, County of Lycoming, Commonwealth of
Pennsylvania, more particularly described as a portion of the
lands conveyed in the deed found in Lycoming County Deed Book
553, page 470, and further described as the area extending 16.5
feet perpendicular from and running parallel to the centerline
described as follows:
BEGINNING at a point in the southerly right-of-way of
Township Road 691 (Trimble Road), at the centerline of an
existing farm drive leading to the proposed Toad Hall
Subdivision, said subdivision being lands now or formerly of
Robert A. Maguire; THENCE through lands now or formerly of the
Pennsylvania Fish and Boat Commission's Rose Valley Lake
20110HB1884PN4224 - 7 -
property along the centerline of said existing farm drive the
following courses and distances:
Along a curve to the left having a radius of 256.00 feet, an
arc length of 132.89 feet, chord bearing of S 33°35'42"E and a
chord distance of 131.40 feet to a point,
Along a curve to the right having a radius of 912.00 feet, an
arc length of 140.64 feet, chord bearing of S 44°02'52"E and a
chord distance of 140.50 feet to a point,
Along a curve to the right having a radius of 315.00 feet, an
arc length of 81.50 feet, chord bearing of S 32°13'05"E and a
chord distance of 81.27 feet to a point,
Along a curve to the right having a radius of 520.00 feet, an
arc length of 159.10 feet, chord bearing of S 16°02'30"E and a
chord distance of 158.48 feet to a point,
S 01°55'35"W and a distance of 99.55 feet to a point,
Along a curve to the left having a radius of 136.00 feet, an
arc length of 55.91 feet, chord bearing of S 09°51'06"E and a
chord distance of 55.52 feet to a iron pin at the common corner
of Lot #1 and Lot #3 at the westerly side of the said proposed
subdivision and corner being located S 05°51'24"W a distance of
12.58 feet from an iron pin in the northwesterly corner of Lot
#1 of the said proposed subdivision and being depicted as corner
#11 on the Pennsylvania Fish Commission, Mill Creek Dam Site
(now Rose Valley Lake), Composite Property Plan", dated February
29, 1968.
CONTAINING approximately 0.5 acres (670 linear feet).
Easement lines extended or contracted as required to intersect
the property lines.
Final area and configuration is subject to local zoning and
subdivision requirements.
20110HB1884PN4224 - 8 -
(c) Description of property to be conveyed to
commission.--The property to be conveyed to the commission and
on which Project 70 restrictions will be imposed is described as
fee title to all that certain piece or parcel of land situate in
Gamble Township, County of Lycoming, Commonwealth of
Pennsylvania more particularly described as a portion of the
lands conveyed in the deed found in Lycoming County Deed Book
5317, page 86, described as all that certain piece or parcel of
land more particularly described as follows:
COMMENCING at a iron pin, in the northwesterly corner of Lot
#1 of the proposed Toad Hall Subdivision, and being the corner
of lands now or formerly of the Pennsylvania Fish and Boat
Commission, depicted as corner #11 on the Pennsylvania Fish
Commission, Mill Creek Dam Site (now Rose Valley Lake),
Composite Property Plan", dated February 29, 1968; THENCE along
the common line of Lot #1 and Lot #3 of said subdivision and the
said lands of the Pennsylvania Fish and Boat Commission, passing
over an iron pin at 12.58 feet in the centerline of a 33 feet
access easement running southerly from Township Road T-691
(Trimble Road), S 05°51'24"W a distance of 356.86 feet to the
POINT OF BEGINNING, being a iron pin in the westerly line of Lot
#3 of the said subdivision and depicted as corner #10 on the
said Pennsylvania Fish Commission Composite Property Plan;
THENCE along said Lot #3 and Residual Lot of the said
subdivision, passing over an iron pin at 256.46 feet at the
common corner of Lot #3 and residual Lot, S 19°01'45"W a
distance of 428.66 feet to iron pin in the easterly line of
lands now or formerly of George E. Cook; THENCE along said lands
of Cook, N 25°58'53"W a distance of 287.37 feet to an existing
iron pin in said lands of the Pennsylvania Fish and Boat
20110HB1884PN4224 - 9 -
Commission and depicted as corner #9 on the said Pennsylvania
Fish Commission Composite Property Plan; THENCE along said lands
of the Pennsylvania Fish and Boat Commission, N 61°03'29"E a
distance of 303.57 feet to an iron pin and the POINT OF
BEGINNING.
CONTAINING 1.000 acres and being Lot #4 of the proposed Toad
Hall Subdivision.
Final area and configuration is subject to local zoning and
subdivision requirements.
(d) Other terms and conditions.--The conveyance of the
access easement under subsection (b) will be subject to all
easements and encumbrances of record and the following terms and
conditions:
(1) The access easement shall be expressly limited to the
commission's use and to serving the Maguire property, being a
portion of the lands described in the Lycoming County Deed Book
5317, page 86, and more particularly described as Lot #s 1, 2
and 3 and residual lot as depicted on the proposed Toad Hall
subdivision plan.
(2) Use of the access easement shall be limited to
residential use and utility line access for underground
electrical, gas, water, telecommunication and sewer lines
servicing residential dwellings or farming operations only.
(3) Said Robert Maguire shall grant the commission a
conservation easement restricting development to four
residential lots on the property described in paragraph (1).
(4) Said Robert Maguire shall pay the commission $15,000.
(5) The parties will resolve issues relating to the Federal
Land and Water Conservation Fund.
(e) Deed restriction.--The restriction to be included in the
20110HB1884PN4224 - 10 -
deed of conveyance for the parcel described in subsection (c)
shall be as follows:
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.
(f) Cost.--Costs and fees incidental to the conveyances
shall be borne by said Robert Maguire.
Section 3. Sale and transfer of title in Erie County.
(a) 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 hereby authorizes the sale and transfer of
title for the Project 70 lands owned by Erie County which are
more particularly described in subsection (c).
(b) Project 70 restrictions.--The lands described in
subsection (c) shall be transferred with all existing
restrictions currently imposed by the Project 70 Land
Acquisition and Borrowing Act upon conveyance to Springfield
Township.
(c) Lands to be released from restrictions.--The land to be
sold with existing Project 70 restrictions are situated in
Springfield Township, Erie County, and are more particularly
described as follows:
All that certain piece or parcel of land situate in the Township
of Springfield, County of Erie and Commonwealth of Pennsylvania,
being part of Tracts "C" and "D" and bounded and described as
follows, to wit:
BEGINNING at the northwest corner of the piece at a point on the
shore of Lake Erie, said point being also a corner of land of
20110HB1884PN4224 - 11 -
Carnegie Steel Company; thence by the meanders of the shore of
Lake Erie at low water line, the general course of which is
north 58 degrees and 00 minutes east, five hundred fifty-nine
and ninety five hundredths (559.95) feet; and north 77 degrees
and 31 minutes east one hundred seventy-one and nine hundredths
(171.09) feet; thence north 74 degrees and 05 minutes east,
crossing the mouth of Raccoon Creek, four hundred eighty-nine
and ninety-three hundredths (489.93) feet; thence south 87
degrees and 11 minutes east, two hundred ten and six tenths
(210.6) feet; thence north 59 degrees and 23 minutes east, nine
hundred four and six tenths (904.6) feet; thence north 66
degrees and 38 minutes east, eight hundred and nineteen (819)
feet; thence north 89 degrees and 33 minutes east, four hundred
nineteen and twenty-five hundredths (419.25) feet; thence north
60 degrees and 01 minutes east, two hundred forty and twenty-
five hundredths (240.25) feet; thence by land now or formerly
owned by S. A. Sisson, south 19 degrees and 20 minutes east,
passing through a row of apple trees, five hundred fifty and
fifteen hundredths (550.15) feet to an old stone monument at the
south margin of the Lake Road; thence by lands of said S. A.
Sisson, south 04 degrees and 23 minutes east, eight hundred
thirty-eight and twenty-nine hundredths (838.29) feet to a
stake; thence by land of said Sisson and other land of Carnegie
Land Company and Carnegie Steel Company, south 00 degrees and 31
minutes east, passing over old stone monuments at distances of
858.7 feet and 3802 feet, forty-three hundred fifty-five (4355)
feet to a stake on the south side of the bank; thence by other
lands of Carnegie Steel Company, south 89 degrees and 35 minutes
west, four hundred twenty-five and eighty-one hundredths
(425.81) feet to a spike in the centerline of the Eagley Road;
20110HB1884PN4224 - 12 -
thence along the center of said Road, north 45 degrees and 52
minutes west two thousand five hundred fifty-six and eighty-
eight hundredths (2556.88) feet to a stake at point of
intersection of a curve in said road; thence by same, north 30
degrees and 45 minutes west, eight hundred fifty-three and fifty
two hundredths (853.52) feet to a spike in the centerline of
said road; thence south 88 degrees and 10 minutes west, passing
through a spike in the north line of a private lane (said point
being south, 88 degrees and 10 minutes west, 34.02 feet from the
centerline of Eagley Road) along the north line of said land,
passing through a spike in a large maple tree near the margin of
the road, five hundred seventy-eight and thirty-two hundredths
(578.32) feet to an old stone monument; thence continuing along
the north line of said lane, north 87 degrees and 16 minutes
west; one hundred thirty-three and sixty-four hundredths
(133.64) feet to the center of a large maple tree: thence along
land of the Carnegie Steel Company, north 10 degrees and 59
minutes west, passing over an old stone monument on the south
margin of the Lake Road at a distance of 1454.78 feet and a
stake near the bank of Lake Erie, eighteen hundred seventy-eight
and eight tenths (1878.8) feet to the place of
beginning, and containing 309.62 acres of land, be the same more
or less, according to a survey made by T. Woods Sterrett, et al,
Surveyors, in October, 1933; together with all buildings erected
thereon.
EXCEPTING AND RESERVING THEREFROM all that certain property
conveyed in deed dated February 27, 1953 and recorded March 2,
1953 in Erie County Deed Book 644 Page 143, being property
conveyed to Gerald Kraus and Beatrice M. Kraus, his wife,
containing approximately one hundred (100) acres of land, and
20110HB1884PN4224 - 13 -
having erected thereon a one and one-half (11/2) story frame
dwelling and frame barn and other outbuildings.
ALSO EXCEPTING AND RESERVING THEREFROM so much of the above
described land as lies between the centerline of Raccoon Creek,
so called, and the west line of the land above described, and
between the centerline of the Lake Road and the waters of Lake
Erie. The reservation may be more correctly described as the
land which lies North of the centerline of the Lake Road and
also West of the centerline of Raccoon Creek.
Together with all riparian and littoral rights acquired by and
formerly owned by Erie County in and to the bank, shore, beach
and waters of Lake Erie adjoining lands herein conveyed, being
between the centerline of Raccoon Creek, so called, and the line
dividing land herein conveyed and land conveyed to Gerald Kraus
by deed recorded in Erie County Deed Book 644, Page 143.
EXCEPTING AND RESERVING unto grantors in Deed Book 929 Page 265,
their heirs and assigns, the right to obtain water and gas from
wells located on the land herein conveyed, which furnish water
and gas to the house located north of the Lake Road and west of
Raccoon Creek reserved by said grantors; the right to occupy
said land with said wells together with the systems which pump
and transport said water and gas to the house on land herein
reserved. Together with the right to enter upon land herein
conveyed for the purpose of maintaining, cleaning, pumping and
repairing, keeping in repair and reconstructing said wells, pump
houses and line leading from said wells and pump houses to the
above house located on land above reserved.
EXCEPTING AND RESERVING to the grantor, its successors and
assigns forever, any and all mineral rights, including gas and
oil, not otherwise reserved above, in the property hereby
20110HB1884PN4224 - 14 -
conveyed, said reservation includes the right to storage and
access, subject to an agreement between grantor & grantee as to
use of funds received.
TO HAVE AND HOLD the above described property for use as a park
for all the members of the public; however, in the event the
grantee ceases to use said property as a park or limits equal
access to all residents in Erie County, then and in that event
the property conveyed herein shall revert to the County of Erie,
its successors or assigns.
The first party has no actual knowledge of any hazardous waste
as defined in Act No. 1980-97 of the Commonwealth of
Pennsylvania, having been or which is presently being disposed
on or about property described in this deed.
BEING the same premises conveyed to the County of Erie by deed
dated November 9, 1965 and
recorded November 18, 1965 in Erie County Deed Book 929, Page
265.
This conveyance by the County Executive is pursuant to a
Resolution of the County Council of Erie, Pennsylvania, Bo. 78
of 1982 passed the 21st day of December 1982.
(d) Existing restrictions.–-The following restriction shall
remain in the deeds for the land described under subsection (c):
This indenture is given to provide land for recreation,
conservation and historical purposes as said purposes are
defined in the "Project 70 Land Acquisition and Borrowing Act,"
approved June 22, 1964, P.L.131, No.8.
Section 4. Transfer in Westmoreland County.
(a) Authorization.--Pursuant to 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
20110HB1884PN4224 - 15 -
authorizes the release of Project 70 restrictions on a portion
of lands owned by Westmoreland County, which are more
particularly described in subsection (c), in return for
imposition of Project 70 restrictions on other land to be
conveyed and deeded to the county, as described in subsection
(d).
(b) Freedom of restrictions.--The land described in
subsection (c) shall be free of restrictions on use and
alienation imposed by the Project 70 Land Acquisition and
Borrowing Act upon conveyance of land by Westmoreland County.
(c) Land to be released from restrictions.--The section of
land to be released from Project 70 restrictions is to be
conveyed from Westmoreland County to Robert S. Sites and it is
situated in the Township of Unity, Westmoreland County, and more
particularly described as follows:
All that certain tract of land situate in the Township of
Unity, County of Westmoreland, Commonwealth of Pennsylvania as
shown on the Property Line Adjustment Plan prepared for
Westmoreland County and Robert S. Sites by Laurel Highlands
Survey Company, bounded and described as follows to wit:
Beginning at a point in SR 1051, said point being North 64
degrees 42 minutes 42 seconds West, 269.39 feet from the
Westmoreland County property corner located in the intersection
of SR 1051 and SR 1049; thence along SR 1051 South 64 degrees 42
minutes 42 seconds East 91.56 feet to a point in SR 1051; thence
leaving SR 1051 along the common property line of Westmoreland
County and Robert S. Sites South 21 degrees 12 minutes 00
seconds West to an iron pin; thence North 13 degrees 02 minutes
30 seconds West to a point in SR 1051 at the place of beginning.
Containing 0.1336 acres of land.
20110HB1884PN4224 - 16 -
(d) Land to be restricted.--The section of land to be
restricted pursuant to Project 70 restrictions is to be conveyed
from Robert S. Sites to Westmoreland County and is situated in
the Township of Unity, Westmoreland County, and more
particularly described as follows:
All that certain tract of land situate in the Township of
Unity, County of Westmoreland, Commonwealth of Pennsylvania as
shown on the Property Line Adjustment Plan prepared for
Westmoreland County and Robert S. Sites by Laurel Highlands
Survey Company, bounded and described as follows to wit:
Beginning at an iron pin, said iron pin being the western
most point of the Robert S. Sites parcel and being located on
the edge of the abandoned right-of-way of the former Alexandria
Branch of the Pennsylvania Railroad, thence North 19 degrees 48
minutes 20 seconds East 47.22 feet along the western most Site's
property line to an iron pin located in the abandoned railroad
right-of-way; thence along the abandoned railroad right-of-way
South 73 degrees 13 minutes 36 seconds East 156.32 feet to an
iron pin; thence continuing along the abandoned railroad right-
of-way South 70 degrees 00 minutes 16 seconds East 43.68 feet to
an iron pin; thence continuing along the abandoned railroad
right-of-way North 21 degrees 12 minutes 00 seconds East 32.50
feet to an iron pin at the edge of the abandoned railroad right-
of-way at a corner common to Sites and Westmoreland County;
thence along the edge of the abandoned railroad right-of-way and
property of Westmoreland County South 74 degrees 38 minutes 05
seconds East 78.75 feet to an iron pin; thence continuing along
the edge of the abandoned railroad right-of-way and property of
Westmoreland County South 57 degrees 43 minutes 27 seconds East
28.97 feet to a point at SR 1049; thence along SR 1049 South 44
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degrees 02 minutes 13 seconds West 97.79 feet to a point; thence
leaving SR 1049 along the edge of the abandoned railroad right-
of-way and property of Westmoreland County by the arc of a
circle curving to the left in a north westerly direction having
a radius of 528.69 feet an arc distance of 136.10 feet and also
having a chord bearing and distance of North 66 degrees 14
minutes 09 seconds West 135.73 feet to an iron pin; thence
continuing along the edge of the abandoned railroad right-of-way
and along property of Westmoreland County North 73 degrees 36
minutes 42 seconds West 132.06 feet to an iron pin at the place
of beginning. Containing 0.3930 acres of land.
(e) 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), known as the Project
70 Land Acquisition and Borrowing Act."
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
Section 5. Grant and conveyance of Erie Armory.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Military and Veterans Affairs
and the Governor, is authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey to QRS Realty Corp. certain
lands and building thereon, being known as the Erie Armory,
situate in the City of Erie, Erie County, for $330,000 and under
terms and conditions to be established in an agreement of sale
with the Department of General Services.
(b) Description.--The property to be conveyed pursuant to
subsection (a) consists of approximately 2.29 acres, more or
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less, and an armory building bounded, and more particularly
described as follows:
All that certain tract of land situate in the First Ward of
the City of Erie, County of Erie, Commonwealth of Pennsylvania,
being all of in-lots 1993, 1996, 1998, 1999, 2002, 2003 and
parts of in-lots 1994, 1995, 1997 and 2006, and being more
particularly bounded and described as follows:
BEGINNING at a point at the northwesterly intersection of
East Sixth Street and Parade Street, being the southeasterly
corner of in-lot 1993; thence westwardly along the northerly
line of East Sixth Street 165 feet to a point on the dividing
line between in-lots 1996 and 1997; thence northwardly along
said dividing line a distance of 127.5 feet to a point; thence
westwardly and parallel to the northerly line of East Sixth
Street a distance of 5 feet to a point; thence northwardly and
parallel to the westerly line of Parade Street a distance of
37.5 feet to a point on the dividing line between in-lots 1997
and 1998; thence westwardly along the southerly line of in-lots
1998 and 1999, 2002, 2003 and part of 2006 and parallel to the
northerly line of East Sixth Street a distance of 365 feet to a
point on the dividing line of in-lots 2005 and 2006; thence
northwardly and parallel to the easterly line of German Street a
distance of 165 feet to a point on the southerly line of East
Fifth Street, said point being 125 feet distant from the
southeasterly corner of the intersection of German Street and
East Fifth Street; thence along said southerly line of East
Fifth Street a distance of 402.5 feet to a point, being 132.5
feet distant from the southwesterly corner of the intersection
of East Fifth Street and Parade Street; thence southwardly and
parallel to the westwardly line of Parade Street a distance of
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120 feet to a point; thence eastwardly and parallel to the
southerly line of East Fifth Street a distance of 132.5 feet to
a point on the westerly line of Parade Street, said point being
distant 120 feet from the southwesterly corner of East Fifth
Street and Parade Street; thence along said westerly line of
Parade Street a distance of 210 feet to the northwesterly corner
of the intersection of East Sixth Street and Parade Street,
being the place of beginning.
BEING the same premises conveyed to the Commonwealth of
Pennsylvania by:
(1) Deed of Arthur W. Brevillier, executor and trustee
under the will of C.M. Conrad, deceased, to the Commonwealth
of Pennsylvania, dated December 8, 1919 and recorded in the
Office of Recorder of Deeds of Erie County, Pennsylvania,
Deed Book 241, Page 524, conveying part of in-lots 1994 and
1995.
(2) Deed of Arthur W. Brevillier, executor and trustee
under the will of C.M. Conrad, deceased, to the Commonwealth
of Pennsylvania, dated December 8, 1919 and recorded in the
Office of Recorder of Deeds of Erie County, Pennsylvania,
Deed Book 241, Page 526, conveying in-lot 1993 and part of
1996.
(3) Deed of Erie Brewing Company to the Commonwealth of
Pennsylvania dated December 30, 1939 and recorded in the
Office of Recorder of Deeds of Erie County, Pennsylvania,
Deed Book 399, Page 663, conveying in-lots 1998, 1999, 2002
and parts of in-lots 1995 and 1996.
(4) Quitclaim deed of the City of Erie to the
Commonwealth of Pennsylvania dated June 20, 1941 and recorded
in the Office of Recorder of Deeds of Erie County,
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Pennsylvania, Deed Book 413, Page 217, conveying in-lot 2003
and part of 2006.
(5) Treasurer's deed of James D. Walker by the Treasurer
of Erie County to the Commonwealth of Pennsylvania dated May
21, 1940 and recorded in the Office of Recorder of Deeds of
Erie County, Pennsylvania, Deed Book 414, Page 189, conveying
in-lot 2003 and part of 2006.
(6) Deed of Erie Brewing Company to the Commonwealth of
Pennsylvania dated December 31, 1956 and recorded in the
Office of Recorder of Deeds of Erie County, Pennsylvania,
Deed Book 747, Page 87, conveying part of in-lot 1997.
BEING Erie County Tax Parcel No. (14) 10-11-100.
KNOWN as the Erie Armory at 350 East 6th Street, City of
Erie, Erie, Pennsylvania.
(c) Easements.--The conveyance shall be made under and
subject to all lawful and enforceable easements, servitudes and
rights of others, including, but not confined to, streets,
roadways and rights of any telephone, telegraph, water,
electric, gas or pipeline companies, as well as under and
subject to any lawful and enforceable estates or tenancies
vested in third persons appearing of record, for any portion of
the land or improvements erected thereon.
(d) Conditions.--Any conveyance authorized under this
section shall be made under and subject to the condition, which
shall be contained in the deed of conveyance, that no portion of
the property conveyed shall be used as a licensed facility, as
defined in 4 Pa.C.S. § 1103 (relating to definitions), or any
other similar type of facility authorized under State law. The
condition shall be a covenant running with the land and shall be
binding upon the grantee, its successors and assigns. Should the
20110HB1884PN4224 - 21 -
grantee, its successors or assigns, permit any portion of the
property authorized to be conveyed in this section to be used in
violation of this subsection, the title shall immediately revert
to and revest in the grantor.
(e) Deed of conveyance.--The deed of conveyance shall be by
Special Warranty Deed and shall be executed by the Secretary of
General Services in the name of the Commonwealth of
Pennsylvania.
(f) Costs and fees.--Costs and fees incidental to this
conveyance shall be borne by the grantee.
(g) Proceeds.--The proceeds from the sale shall be deposited
in the State Treasury Armory Fund.
(h) Alternate disposition.--In the event that this
conveyance is not executed per the terms and conditions as
established in the agreement of sale with the Department of
General Services, the property may be disposed of by the
Department of General Services, with the approval of the
Department of Military and Veterans Affairs and the Governor, at
a price to be determined through a competitive bidding process
with proceeds to be deposited as provided in subsection (g).
Section 6. Release of restrictions in Chester County.
(a) 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 hereby approves the release of Project 70
restrictions from the land owned by the Borough of Downingtown,
Chester County, which is more particularly described in
subsection (c) in accordance with the following conditions:
(1) (i) Project 70 restrictions removed from the land
described in subsection (c) shall be for an amount equal
20110HB1884PN4224 - 22 -
to or greater than the fair market value of the
restrictions, as established by a self-contained
appraisal report prepared by a State-certified general
appraiser certified under the act of July 10, 1990
(P.L.404, No.98), known as the Real Estate Appraisers
Certification Act.
(ii) Any land within the area described in
subsection (c) sold by the Borough of Downingtown,
without Project 70 restrictions, shall be for an amount
equal to or greater than the fair market value of the
land, as established by a self-contained appraisal report
prepared by a State-certified general appraiser certified
under the Real Estate Appraisers Certification Act.
(2) The proceeds of the sale of the land and the release
of the Project 70 restrictions shall be deposited into an
interest-bearing account established by the Borough of
Downingtown and designated solely for the purposes of the
conditions under this subsection.
(3) The moneys in the interest-bearing account shall be
used by the Borough of Downingtown for the sole purpose of
improvements to Kardon Park in accordance with a development
plan, including construction plans and specifications
prepared by a licensed engineer or landscape architect and
preapproved in writing by the department.
(4) The Borough of Downingtown shall certify to the
department that an area of land matching the metes and bounds
description in subsection (d) has been deed restricted for
public park use, which deed restriction has been recorded by
the Borough of Downingtown in the form and substance
acceptable to the department. The department and the Borough
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of Downingtown may mutually agree on adjustments to the metes
and bounds of the public park land, provided that the public
park land shall not be less than 20.0 acres in size.
(b) Use of funds securing the public park improvements.--In
accordance with the requirements set forth in subsection (a):
(1) The funds, including interest, shall be used solely
to ensure the development of public park improvements within
Kardon Park constructed or caused to be constructed by the
Borough of Downingtown in accordance with the plan approved
by the department. The funds shall be released for the
development of the Kardon Park following approval of the
development plan as set forth in subsection(a)(3).
(2) Any funds, including interest, remaining five years
after the date such funds are deposited, unless extended by
the department for a period not to exceed two years, shall
immediately be paid to the department for deposit in the
department's General Restricted Revenue Fund for the purpose
of funding conservation and recreation grants. Failure to
make such payment shall result in the amount of funds,
including interest, constituting a debt by the Borough of
Downingtown to the Commonwealth.
(c) Land subject to the release from Project 70
restrictions.--The land which is subject to the release from
Project 70 restrictions in accordance with the provisions under
subsection (a) is as follows:
All that certain tract of land situate in East Caln Township,
Chester County, Pennsylvania, as shown on a plan entitled "P-70
Park Plan" prepared by Commonwealth Engineers, Inc.,
Downingtown, Pennsylvania, dated July 18, 2012, and being more
fully described as follows:
20110HB1884PN4224 - 24 -
Beginning at an existing railroad spike (set) located in the
center of Norwood Road, said point being the northwestern corner
of parcel 4001 00223010e in East Caln Township, Chester County,
Pennsylvania, and the true point of beginning;
Thencefrom the beginning of left curve from which the radius
point bears north 28°51'05" west, northeasterly and northerly a
distance of 443.47 feet along the curve concave to the
northwest, having a radius of 345.61 feet and a central angle of
73°31'06";
Thence north 12°22'11" west tangent to said curve, a distance of
67.97 feet;
Thence north 72°52'49" east, a distance of 604.99 feet;
Thence south 13°06'52" east, a distance of 762.14 feet;
Thence south 76°49'32" west, a distance of 405.48 feet;
Thence south 16°56'28" east, a distance of 171.56 feet;
Thence south 83°37'40" west, a distance of 474.54 feet;
Thence north 14°12'52" west, a distance of 130.69 feet;
Thence north 77°50'08" east, a distance of 17.50 feet;
Thence north 14°12'52" west, a distance of 309.33 feet to the
point of beginning.
Containing 14.177 acres, more or less.
(d) Lands subject to the deed restriction.--The lands which
are subject to the deed restriction as required by subsection
(a)(4) are as follows:
Parcel "A"
All that certain tract of land situate in Downingtown Borough
and East Caln Township, Chester County, Pennsylvania, as shown
on a plan entitled “Park Area Legal Description Plan” prepared
by Commonwealth Engineers, Inc., Downingtown, Pennsylvania,
dated September 7, 2012, and being more fully described as
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follows:
Beginning at an existing bolt (set) located in the center of
Pennsylvania Avenue, said point being the southeastern corner of
parcel 1104 0014020e in Downingtown Borough, Chester County,
Pennsylvania, and the true point of beginning;
Thence south 43°46'50" west, a distance of 500.70 feet;
Thence south 43°02'02" west, a distance of 5.40 feet;
Thence north 30°25'01" west, a distance of 136.79 feet;
Thence north 02°57'50" east, a distance of 361.29 feet;
Thence south 87°02'10" east, a distance of 123.32 feet;
Thence north 14°36'16" east, a distance of 111.23 feet;
Thence north 01°41'02" east, a distance of 237.40 feet;
Thence north 46°12'15" west, a distance of 361.72 feet;
Thence north 01°41'02" east, a distance of 129.44 feet;
Thence north 43°18'58" west, a distance of 73.53 feet;
Thence north 01°41'02" east, a distance of 83.92 feet;
Thence north 43°18'58" west, a distance of 19.80 feet;
Thence north 88°18'58" west, a distance of 39.21 feet;
Thence north 41°40'09" west, a distance of 24.75 feet;
Thence north 88°18'58" west, a distance of 136.35 feet to the
beginning of a curve concave to the southwest having a radius of
367.00 feet and a central angle of 13°35'22" and being subtended
by a chord which bears north 33°05'05" west 86.84 feet;
Thence northwesterly along said curve, a distance of 87.04 feet;
Thence north 39°52'46" west tangent to said curve, a distance of
277.81 feet to the beginning of a curve tangent to said line;
Thence northwesterly a distance of 34.60 feet along the curve
concave to the southwest, having a radius of 187.00 feet and a
central angle of 10°36'07";
Thence north 50°28'53" west tangent to said curve, a distance of
20110HB1884PN4224 - 26 -
55.38 feet to the beginning of a curve concave to the west
having a radius of 345.61 feet and a central angle of 45°44'34"
and being subtended by a chord which bears north 10°30'06" east
268.65 feet;
Thence northeasterly and northerly along said curve, a distance
of 275.92 feet;
Thence north 12°22'11" west tangent to said curve, a distance of
67.97 feet;
Thence north 72°52'49" east, a distance of 604.99 feet;
Thence south 13°06'52" east, a distance of 762.14 feet;
Thence south 13°06'28" east, a distance of 1148.90 feet to the
point of beginning.
Containing 19.107 acres.
Parcel "B"
All that certain tract of land situate in Downingtown Borough
and East Caln Township, Chester County, Pennsylvania, as shown
on a plan entitled "Park Area Legal Description Plan" prepared
by Commonwealth Engineers, Inc., Downingtown, Pennsylvania,
dated September 7, 2012, and being more fully described as
follows:
Beginning at an existing railroad spike (set) located in the
center of Norwood Road, said point being the northwestern corner
of parcel 4001 0023010e in East Caln Township, Chester County,
Pennsylvania, and the true point of beginning;
Thencefrom the beginning of left curve from which the radius
point bears north 28°51'05" west, northeasterly a distance of
97.93 feet along the curve concave to the northwest, having a
radius of 345.61 feet and a central angle of 16°14'03";
Thence south 50°28'53" east, a distance of 54.93 feet to the
beginning of a curve tangent to said line;
20110HB1884PN4224 - 27 -
Thence southeasterly a distance of 21.74 feet along the curve
concave to the southwest, having a radius of 117.50 feet and a
central angle of 10°36'07";
Thence south 39°52'46" east tangent to said curve, a distance of
178.08 feet;
Thence south 50°07'15" west, a distance of 190.53 feet;
Thence south 75°47'08" west, a distance of 39.06 feet;
Thence north 14°12'52" west, a distance of 268.18 feet to the
point of beginning.
Containing .990 acres.
Total restricted park property contains 20.097 acres, more or
less.
(e) Definition.--As used in this section, the term
"department" means the Department of Conservation and Natural
Resources of the Commonwealth.
Section 7. Effective date.
This act shall take effect immediately.
20110HB1884PN4224 - 28 -