PRINTER'S NO. 294
No. 271 Session of 2005
INTRODUCED BY GABIG, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 8, 2005
AN ACT
1 Authorizing the Pennsylvania Fish and Boat Commission to convey
2 a portion of a Project 70 tract of land in the Township of
3 North Newton, Cumberland County, under certain conditions, to
4 the Township of North Newton, a municipal corporation of the
5 Commonwealth of Pennsylvania; and authorizing the
6 Pennsylvania Fish and Boat Commission to convey a portion of
7 a Project 70 tract of land in the Township of West Pennsboro,
8 Cumberland County, under certain conditions, to the Township
9 of West Pennsboro, a municipal corporation of the
10 Commonwealth of Pennsylvania.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Township of North Newton, Cumberland County.
14 (a) Authorization.--Under the requirements of section 20(b)
15 of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as
16 the Project 70 Land Acquisition and Borrowing Act, the General
17 Assembly hereby authorizes the Pennsylvania Fish and Boat
18 Commission to convey a portion of its Big Spring Creek Property
19 located in the Township of North Newton, Cumberland County to
20 the Township of North Newton for inclusion into the right-of-way
21 of Nealy Road of the Township's roadway system.
1 (b) Freedom of restrictions.--The Pennsylvania Fish and Boat
2 Commission is authorized to convey a portion of its Big Spring
3 Creek Property being a 4,260 Square Feet, more or less, tract of
4 land, as described in subsection (d), lying adjacent to the
5 right-of-way of Nealy Road of the Township of North Newton from
6 the Commonwealth of Pennsylvania to the Township of North Newton
7 free of restrictions on use and alienation prescribed by the
8 Project 70 Land Acquisition and Borrowing Act, provided the
9 conveyance shall be subject to all easements of record and the
10 following conditions:
11 (1) If, at any time, the Township of North Newton shall
12 abandon the herein described property or restrict its use in
13 any way that it is not open to free public use and enjoyment,
14 the said property shall revert to the ownership of the
15 Commonwealth of Pennsylvania for use by the Pennsylvania Fish
16 and Boat Commission.
17 (2) The Pennsylvania Fish and Boat Commission shall
18 retain at all times the unrestricted right of ingress, egress
19 and regress over the said property.
20 (c) Execution.--The deed of conveyance from the Pennsylvania
21 Fish and Boat Commission to the Township of North Newton shall
22 be executed by the Executive Director of the Pennsylvania Fish
23 and Boat Commission in the name of the Commonwealth of
24 Pennsylvania for use by the Pennsylvania Fish and Boat
25 Commission and shall be approved for legality and form by the
26 Authorized Agency Attorney of the Pennsylvania Fish and Boat
27 Commission and the Office of Attorney General. Costs and fees
28 incidental to the conveyance shall be borne by the Township.
29 (d) Description of premise to be conveyed.--The portion of
30 the Pennsylvania Fish and Boat Commission's Big Spring Creek
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1 Property to be conveyed under this section is described as
2 follows:
3 ALL that certain piece or parcel of land situate in the
4 Township of North Newton, County of Cumberland, Commonwealth of
5 Pennsylvania, being 55 feet wide and extending 27.5 feet
6 perpendicular to each side of a line described as follows:
7 BEGINNING at a point in the centerline of Nealy Road, on the
8 common boundary between the Township of North Newton and the
9 Township of West Pennsboro, and in Big Spring Creek; THENCE
10 along the proposed centerline alignment of Nealy Road in a
11 westerly direction the following 4 courses and distances:
12 (1) South 46 degrees 40 minutes 41 seconds West a
13 distance of 22.35 feet to a point;
14 (2) South 44 degrees 23 minutes 19 seconds West a
15 distance of 51.27 feet to a point;
16 (3) South 42 degrees 21 minutes 13 seconds West a
17 distance of 54.06 feet to a point;
18 (4) South 42 degrees 35 minutes 04 seconds West a
19 distance of 74.68 feet to a point on the western boundary
20 line of the Pennsylvania Fish and Boat Commission's Big
21 Spring Creek Property with the said Commission boundary line
22 being the western boundary of this parcel being conveyed.
23 CONTAINING 4,260 Square Feet, more or less, subject to the
24 existing right-of-way of Nealy Road.
25 (e) Conditions.--
26 (1) This conveyance shall be made under and subject to
27 all easements, servitudes and rights of others, including,
28 but not confined to, streets, roadways and rights of any
29 telephone, telegraph, water, electric, sewer, gas or pipeline
30 companies, as well as under the subject to any interest,
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1 estates or tenancies vested in third persons, whether or not
2 appearing of record, for any portion of the land or
3 improvements erected thereon.
4 (2) The property described herein includes and overlays
5 the existing 33 feet wide right-of-way of Nealy Road.
6 Section 2. Township of West Pennsboro, Cumberland County.
7 (a) Authorization.--Under the requirements of section 20(b)
8 of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as
9 the Project 70 Land Acquisition and Borrowing Act, the General
10 Assembly hereby authorizes the Pennsylvania Fish and Boat
11 Commission to convey a portion of its Big Spring Creek Property
12 located in the Township of West Pennsboro, Cumberland County, to
13 the Township of West Pennsboro for inclusion into the right-of-
14 way of Nealy Road of the Township's roadway system.
15 (b) Freedom of restrictions.--The Pennsylvania Fish and Boat
16 Commission is authorized to convey a portion of its Big Spring
17 Creek Property being a 5,133 Square Feet, more or less, tract of
18 land lying adjacent to the right-of-way of Nealy Road of the
19 Township of West Pennsboro from the Commonwealth of Pennsylvania
20 to the Township of West Pennsboro free of restrictions on use
21 and alienation prescribed by the Project 70 Land Acquisition and
22 Borrowing Act, provided the conveyance shall be subject to all
23 easements of record and the following conditions:
24 (1) If, at any time, the Township of West Pennsboro
25 shall abandon the herein described property or restrict its
26 use in any way that it is not open to free public use and
27 enjoyment, the said property shall revert to the ownership of
28 the Commonwealth of Pennsylvania for use by the Pennsylvania
29 Fish and Boat Commission.
30 (2) The Pennsylvania Fish and Boat Commission shall
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1 retain at all times the unrestricted right of ingress, egress
2 and regress over the said property.
3 (c) Execution.--The deed of conveyance from the Pennsylvania
4 Fish and Boat Commission to the Township of West Pennsboro shall
5 be executed by the Executive Director of the Pennsylvania Fish
6 and Boat Commission in the name of the name of the Commonwealth
7 of Pennsylvania for use by the Pennsylvania Fish and Boat
8 Commission and shall be approved for legality and form by the
9 Authorized Agency Attorney of the Pennsylvania Fish and Boat
10 Commission and the Office of Attorney General. Costs and fees
11 incidental to the conveyance shall be borne by the Township.
12 (d) Description of premise to be conveyed.--The portion of
13 the Pennsylvania Fish and Boat Commission's Big Spring Creek
14 Property to be conveyed under this section is described as
15 follows:
16 ALL that certain piece or parcel of land situate in the
17 Township of West Pennsboro, Cumberland County, Commonwealth of
18 Pennsylvania, being 55 feet wide and extending 27.5 feet
19 perpendicular to each side of a line described as follows:
20 BEGINNING at a point in the centerline of Nealy Road, on the
21 common boundary between the Township of North Newton and the
22 Township of West Pennsboro, and in Big Spring Creek; THENCE
23 along the proposed centerline alignment of Nealy Road in an
24 easterly direction of the following 4 courses and distances:
25 (1) North 46 degrees 40 minutes 41 seconds East a
26 distance of 83.11 feet to a point;
27 (2) along a curve to the left having a radius of 150.00
28 feet, an arc length of 54.43 feet, a chord bearing of North
29 37 degrees 32 minutes 05 seconds East, and a chord distance
30 of 54.13 feet to a point;
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1 (3) North 28 degrees 25 minutes 24 seconds East a
2 distance of 67.75 feet to a point;
3 (4) along a curve to the right having a radius of 75.00
4 feet, an arc length of 22.75 feet, a chord bearing of North
5 37 degrees 06 minutes 04 seconds East, and a chord distance
6 of 22.66 feet to a point on the western right-of-way line of
7 Big Spring Road (SR 3007) with the said of right-of-way line
8 being the eastern boundary of this parcel being conveyed.
9 CONTAINING 5,133 Square Feet, more or less, subject to the
10 existing right-of-way of Nealy Road.
11 (e) Conditions.--
12 (1) This conveyance shall be made under and subject to
13 all easements, servitudes and rights of others, including,
14 but not confined to, streets, roadways and rights of any
15 telephone, telegraph, water, electric, sewer, gas or pipeline
16 companies, as well as under the subject to any interest,
17 estates or tenancies vested in third persons, whether or not
18 appearing of record, for any portion of the land or
19 improvements erected thereon.
20 (2) The property described herein includes and overlays
21 the existing 33 feet wide right-of-way of Nealy Road.
22 Section 3. Effective date.
23 This act shall take effect immediately.
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