PRIOR PRINTER'S NO. 1836 PRINTER'S NO. 1992
No. 1520 Session of 1999
INTRODUCED BY SCHRODER, MAY 12, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 9, 1999
AN ACT
1 Authorizing the release of Project 70 restrictions on certain
2 lands owned by the borough of Downingtown, Chester County, in
3 return for imposition of Project 70 restrictions on other
4 lands owned or to be obtained by the Borough of Downingtown,
5 Chester County; AND AUTHORIZING THE RELEASE OF PROJECT 70 <--
6 RESTRICTIONS ON CERTAIN LAND OWNED BY THE TOWNSHIP OF SILVER
7 SPRING, CUMBERLAND COUNTY, IN RETURN FOR THE IMPOSITION OF
8 PROJECT 70 RESTRICTIONS ON CERTAIN LAND TO BE OBTAINED BY THE
9 TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Authorization FOR LANDS IN DOWNINGTOWN, CHESTER <--
13 COUNTY.
14 Under the requirements of section 20(b) of the act of June
15 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
16 Acquisition and Borrowing Act, the General Assembly hereby
17 authorizes the release of Project 70 restrictions from the lands
18 described in section 2 in exchange for imposition of Project 70
19 restrictions on the lands described in section 3 which are owned
20 by the Borough of Downingtown, Chester County, and imposition of
1 Project 70 restrictions on the lands described in section 4
2 which are to be obtained by the Borough of Downingtown, Chester
3 County.
4 Section 2. Lands to be released from Project 70 restrictions.
5 The property of the Borough of Downingtown to be released
6 from Project 70 restrictions is as follows:
7 ALL THAT CERTAIN tract of land situated South of the Norwood
8 Road, and on the East side of New Holland Branch of Consolidated
9 Rail Corporation (Conrail), in the Borough of Downingtown,
10 Chester County, Commonwealth of Pennsylvania, and being more
11 fully bounded as described as follows:
12 BEGINNING AT A POINT, the intersection of the Eastern right-
13 of-way line of New Holland branch of Consolidated Rail
14 Corporation and East Caln Township and Borough of Downingtown
15 municipal line; thence extending along the same South 86 degrees
16 06 minutes 04 seconds East, 482.67 feet to a point; thence South
17 05 degrees 14 minutes 00 seconds East, 35 feet more or less to a
18 point; thence South 42 degrees 14 minutes 00 seconds East,
19 478.50 feet to a point; thence South 19 degrees 44 minutes 00
20 seconds East, 6.60 feet to a point; thence South 78 degrees 38
21 minutes 00 seconds West, 770.07 feet to a point on the Eastern
22 right-of-way line of the New Holland Branch of Consolidated Rail
23 Corporation; thence extending along the same North 05 degrees 17
24 minutes 00 seconds West, 582 feet more or less to the POINT OF
25 BEGINNING.
26 CONTAINING: 7.08 acres, more or less.
27 Section 3. Lands owned by Downingtown Borough on which Project
28 70 restrictions are to be imposed.
29 The property of the Borough of Downingtown upon which Project
30 70 restrictions are to be imposed is as follows:
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1 ALL THAT CERTAIN tract of land situated on the Southern side
2 of Lincoln Highway in the Borough of Downingtown, Chester
3 County, Commonwealth of Pennsylvania, and being more fully
4 bounded and described as follows:
5 COMMENCING AT A POINT, on or near the Eastern curb line of
6 the Lincoln Highway; thence South 66 degrees 40 minutes 00
7 seconds East, 390.70 feet to a point and South 34 degrees 01
8 minute 00 seconds East, 61.31 feet to the TRUE POINT OF
9 BEGINNING; thence extending along the Brandywine Creek the
10 following nine (9) courses in distances: 1) South 34 degrees 01
11 minutes 00 seconds East, 54.39 feet to a point, 2) South 08
12 degrees 33 minutes 00 seconds West, 98.00 feet to a point, 3)
13 South 04 degrees 42 minutes 00 seconds West, 137.00 feet to a
14 point, 4) South 14 degrees 40 minutes 00 seconds West, 70.00
15 feet to a point, 5) South 28 degrees 42 minutes 00 seconds West,
16 116.00 feet to a point, 6) South 33 degrees 26 minutes 00
17 seconds West, 58.00 feet to a point, 7) South 48 degrees 10
18 minutes 00 seconds West, 52.10 feet to a point, 8) South 40
19 degrees 21 minutes 00 seconds West, 135.90 to a point, and 9)
20 South 38 degrees 40 minutes 00 seconds West, 148.00 feet to a
21 point; thence leaving the Brandywine Creek North 38 degrees 00
22 minutes 00 seconds West, 278.05 feet to a point; thence North 51
23 degrees 40 minutes 00 seconds East, 226.01 feet to a point;
24 thence 38 degrees 00 minutes 00 seconds West, 112.00 feet to a
25 point; thence North 51 degrees 40 minutes 00 seconds East,
26 487.11 feet to the TRUE POINT OF BEGINNING.
27 CONTAINING: 4.01 acres, more or less.
28 Section 4. Lands to be obtained by downingtown DOWNINGTOWN <--
29 Borough on which Project 70 restrictions are to
30 be imposed.
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1 The property to be acquired by the Borough of Downingtown
2 upon which Project 70 restrictions are to be imposed is as
3 follows:
4 ALL THAT CERTAIN tract of land situated on the North side of
5 Lincoln Avenue and on the West side of Chestnut Street in the
6 Borough of Downingtown, Chester County, Commonwealth of
7 Pennsylvania, and being more fully bounded and described as
8 follows:
9 BEGINNING AT A POINT in or near the centerline of Chestnut
10 Street at its intersection with the centerline of Lincoln
11 Avenue; thence in or near the centerline of East Lincoln Avenue
12 North 87 degrees 30 minutes 00 seconds West, 639.61 feet to a
13 point; thence leaving Lincoln Avenue North 02 degrees 30 minutes
14 00 seconds East, 274.78 feet to a point; thence South 20 degrees
15 53 minutes 00 seconds East, 47.03 feet to a point; thence North
16 69 degrees 45 minutes 00 seconds East, 594.35 feet to a point in
17 or near the centerline of Chestnut Street; thence in and along
18 the centerline of East Chestnut Street South 06 degrees 25
19 minutes 00 seconds East, 61.90 feet to a point; thence leaving
20 Chestnut Street South 83 degrees 35 minutes 00 seconds West,
21 160.00 feet to a point; thence South 06 degrees 25 minutes 00
22 seconds East, 170.00 feet to a point; thence North 83 degrees 35
23 minutes 00 seconds East, 160.00 feet to a point in or near the
24 centerline of Chestnut Street; thence along the same South 06
25 degrees 25 minutes 00 seconds East, 235.60 feet to the POINT OF
26 BEGINNING.
27 CONTAINING: 4.22 acres, more or less
28 Section 5. Restriction.
29 Project 70 restrictions shall be imposed on the lands
30 described in sections 3 and 4 by the following deed clause:
19990H1520B1992 - 4 -
1 "This land is to be used for park, recreation and
2 conservation purposes in accordance with provisions of
3 the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known
4 as the Project 70 Land Acquisition and Borrowing Act."
5 SECTION 6. AUTHORIZATION FOR LANDS IN SILVER SPRING TOWNSHIP, <--
6 CUMBERLAND COUNTY.
7 UNDER THE REQUIREMENTS OF SECTION 20(B) OF THE ACT OF JUNE
8 22, 1964 (SP.SESS., P.L.131, NO.8), KNOWN AS THE PROJECT 70 LAND
9 ACQUISITION AND BORROWING ACT, THE GENERAL ASSEMBLY HEREBY
10 AUTHORIZES THE RELEASE OF PROJECT 70 RESTRICTIONS FROM THE LAND
11 OWNED BY THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY,
12 DESCRIBED IN SECTION 7 IN EXCHANGE FOR THE IMPOSITION OF PROJECT
13 70 RESTRICTIONS ON THE LAND DESCRIBED IN SECTION 8 TO BE
14 OBTAINED BY THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY.
15 SECTION 7. LAND IN SILVER SPRING TOWNSHIP TO BE RELEASED FROM
16 PROJECT 70 RESTRICTIONS.
17 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
18 TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, DESIGNATED LOT 4A
19 ON THE 2 LOT FINAL SUBDIVISION PLAN OF "PROJECT 70" PROPERTY
20 PREPARED BY PENNONI ASSOCIATES, INC., AND BEING MORE
21 PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
22 BEGINNING AT A POINT IN THE CENTER LINE OF CARLISLE PIKE, THE
23 POINT BEING A COMMON CORNER FOR THIS LOT AND LANDS NOW OR
24 FORMERLY OF FREDRICK C. AND CAROLE M. FRATTAROLI; THENCE SOUTH
25 87 DEGREES 19 MINUTES EAST 548 FEET ALONG SAID CENTER LINE OF
26 CARLISLE PIKE TO A COMMON CORNER WITH LANDS NOW OR FORMERLY OF
27 LAWRENCE ASSOCIATES, INC.; THENCE ALONG THE COMMON LINE WITH
28 LANDS OF LAWRENCE ASSOCIATES, INC., SOUTH 4 DEGREES 11 MINUTES
29 19 SECONDS WEST 465.77 FEET TO A POINT; THENCE CONTINUING ALONG
30 LANDS OF LAWRENCE ASSOCIATES, INC., AND ALONG LANDS NOW OR
19990H1520B1992 - 5 -
1 FORMERLY OF JESSE N. AYCOCK SOUTH 65 DEGREES 01 MINUTE 17
2 SECONDS WEST 503.68 FEET TO A POINT; THENCE BY A NEW LINE OF
3 SUBDIVISION THROUGH "PROJECT 70" PROPERTY AND ALONG THE COMMON
4 LINE WITH LOT 4 OF THE AFORESAID PLAN OF "PROJECT 70" PROPERTY
5 NORTH 25 DEGREES 12 MINUTES WEST 191.70 FEET TO A COMMON CORNER
6 WITH THE AFORESAID LANDS OF FRATTAROLI; THENCE BY SAID LANDS
7 NORTH 2 DEGREES 41 MINUTES EAST 530 FEET TO THE POINT AND PLACE
8 OF BEGINNING.
9 CONTAINING 7.29 ACRES, MORE OR LESS.
10 SECTION 8. TWO PARCELS OF LAND ON WHICH PROJECT 70 RESTRICTIONS
11 ARE TO BE IMPOSED.
12 PARCEL NUMBER 1
13 ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE NORTHEASTERLY
14 SIDE OF S.R. 0114 (NEW WILLOW MILL ROAD) ALSO KNOWN AS PA. ROUTE
15 114, APPROXIMATELY 5,000 FEET SOUTHEASTERLY FROM THE
16 INTERSECTION OF I-81 IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF
17 CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY
18 BOUNDED AND DESCRIBED AS FOLLOWS:
19 BEGINNING AT A POINT ON THE NORTHEASTERLY LEGAL RIGHT-OF-WAY
20 LINE OF PUBLIC HIGHWAY S.R. 0114 (NEW WILLOW MILL ROAD, PA.
21 ROUTE 114) AT A CORNER OF LAND NOW OR FORMERLY OF WILLIAM STUART
22 HENCH, III; THENCE ALONG SAID LANDS NOW OR FORMERLY OF WILLIAM
23 STUART HENCH, III, NORTH 61 DEGREES 34 MINUTES EAST, A DISTANCE
24 OF 140.07 FEET TO A POINT ON THE SOUTHWESTERLY SIDE OF THE
25 CONODOGUINET CREEK; THENCE ALONG SAID LANDS NOW OR FORMERLY OF
26 WILLIAM STUART HENCH, III, AND THE SOUTHWESTERLY SIDE OF THE
27 CONODOGUINET CREEK THE FOLLOWING TEN COURSES AND DISTANCES: (A)
28 SOUTH 40 DEGREES 43 MINUTES EAST, A DISTANCE OF 194.10 FEET TO A
29 POINT; (B) SOUTH 43 DEGREES 8 MINUTES EAST, A DISTANCE OF 500.00
30 FEET TO A POINT; (C) SOUTH 68 DEGREES 13 MINUTES EAST, A
19990H1520B1992 - 6 -
1 DISTANCE OF 108.30 FEET TO A POINT; (D) SOUTH 27 DEGREES 29
2 MINUTES EAST, A DISTANCE OF 104.84 FEET TO A POINT; (E) SOUTH 46
3 DEGREES 41 MINUTES EAST, A DISTANCE OF 100.05 FEET TO A POINT;
4 (F) SOUTH 60 DEGREES 50 MINUTES EAST, A DISTANCE OF 108.47 FEET
5 TO A POINT; (G) SOUTH 43 DEGREES 53 MINUTES EAST, A DISTANCE OF
6 200.25 FEET TO A POINT; (H) SOUTH 36 DEGREES 27 MINUTES EAST, A
7 DISTANCE OF 100.32 FEET TO A POINT; (I) SOUTH 31 DEGREES 26
8 MINUTES EAST, A DISTANCE OF 112.04 FEET TO A POINT; AND (J)
9 SOUTH 17 DEGREES 48 MINUTES EAST, A DISTANCE OF 62.31 FEET TO A
10 POINT ON THE NORTHEASTERLY LEGAL RIGHT-OF-WAY LINE OF PUBLIC
11 HIGHWAY S.R. 0114 (NEW WILLOW MILL ROAD, PA. ROUTE NO. 114);
12 THENCE ALONG SAID LEGAL RIGHT-OF-WAY LINE OF S.R. 0114 (NEW
13 WILLOW MILL ROAD) THE FOLLOWING FIVE COURSES AND DISTANCES: (A)
14 SOUTH 57 DEGREES 58 MINUTES 9 SECONDS WEST, A DISTANCE OF 101.83
15 FEET TO A POINT ON A CURVE; (B) ON A CURVE TO THE LEFT HAVING A
16 RADIUS OF 2,059.86 FEET, (A CHORD OF NORTH 37 DEGREES 21 MINUTES
17 22 SECONDS WEST, 617.48 FEET) AN ARC DISTANCE OF 619.82 FEET TO
18 A POINT; (C) NORTH 45 DEGREES 58 MINUTES 34 SECONDS WEST, A
19 DISTANCE OF 8.85 FEET TO A POINT; (D) NORTH 57 DEGREES 17
20 MINUTES 10 SECONDS WEST, A DISTANCE OF 203.96 FEET TO A POINT;
21 AND (E) NORTH 45 DEGREES 58 MINUTES 34 SECONDS WEST, A DISTANCE
22 OF 757.98 FEET TO A POINT ON SAID LEGAL RIGHT-OF-WAY LINE OF
23 PUBLIC HIGHWAY S.R. 0114 (NEW WILLOW MILL ROAD, PA. ROUTE 114),
24 THE PLACE OF BEGINNING.
25 CONTAINING 3.72 ACRES, MORE OR LESS.
26 PARCEL NUMBER 2
27 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE IN THE
28 TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, AS SHOWN ON THE
29 POTTEIGER SUBDIVISION PLAN PREPARED BY PENNONI ASSOCIATES, INC.,
30 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
19990H1520B1992 - 7 -
1 BEGINNING AT A POINT, SAID POINT AN IRON PIN AT THE SOUTHEAST
2 CORNER OF THE INTERSECTION OF THE SOUTHERN LINE OF SOUTH ALLEY
3 WITH THE EASTERN LINE OF A 50 FEET WIDE PROPOSED RIGHT-OF-WAY;
4 THENCE FROM SAID POINT OF BEGINNING AND ALONG THE SOUTHERN LINE
5 OF SOUTH ALLEY, NORTH 81 DEGREES 30 MINUTES EAST A DISTANCE OF
6 347.28 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF A 2.12
7 ACRE TRACT OF LAND ABOUT TO BE CONVEYED TO THE TOWNSHIP OF
8 SILVER SPRING BY RUSSELL L. POTTEIGER AND ROBERT L. POTTEIGER;
9 THENCE BY SAID LAND, SOUTH 16 DEGREES 26 MINUTES 23 SECONDS EAST
10 A DISTANCE OF 495.03 FEET TO AN IRON PIN SET AT LANDS OF THE NEW
11 KINGSTON FIRE COMPANY; THENCE ALONG SAID LANDS, SOUTH 65 DEGREES
12 35 MINUTES 41 SECONDS WEST A DISTANCE OF 357.75 FEET TO AN IRON
13 PIN SET ON THE EASTERN LINE OF THE AFOREMENTIONED RIGHT-OF-WAY;
14 THENCE ALONG SAID RIGHT-OF-WAY, NORTH 15 DEGREES 26 MINUTES 23
15 SECONDS WEST A DISTANCE OF 592.67 FEET TO A POINT, THE PLACE OF
16 BEGINNING.
17 CONTAINING 4.35 ACRES, MORE OR LESS.
18 SECTION 9. USE OF SALE PROCEEDS.
19 AN AMOUNT NOT TO EXCEED $40,000 FROM THE PROCEEDS OF THE SALE
20 OF THE LAND DESCRIBED IN SECTION 7 MAY BE USED BY THE TOWNSHIP
21 OF SILVER SPRING TO ACQUIRE PARCEL NUMBER 2 OF THE LAND
22 DESCRIBED IN SECTION 8. THE BALANCE OF THE SALE PROCEEDS SHALL
23 BE DEPOSITED INTO A SPECIAL ACCOUNT ESTABLISHED BY THE TOWNSHIP
24 OF SILVER SPRING FOR ACQUISITION AND DEVELOPMENT OF PARK,
25 RECREATION AND OPEN SPACE LANDS. NONE OF THE SALE PROCEEDS SHALL
26 BE DISBURSED FROM THIS SPECIAL ACCOUNT UNTIL A PLAN IS DEVELOPED
27 FOR USE OF THE FUNDS BY THE TOWNSHIP OF SILVER SPRING AND UNTIL
28 THE PLAN HAS BEEN APPROVED BY THE DEPARTMENT OF CONSERVATION AND
29 NATURAL RESOURCES. ANY SALE PROCEEDS REMAINING IN THE SPECIAL
30 ACCOUNT FIVE YEARS AFTER THE DATE OF DEPOSIT BY THE TOWNSHIP OF
19990H1520B1992 - 8 -
1 SILVER SPRING SHALL BE PAID TO THE COMMONWEALTH FOR DEPOSIT INTO
2 THE PROJECT 70 LAND ACQUISITION SINKING FUND.
3 SECTION 10. EFFECT ON EXISTING CONVEYANCE.
4 ANY CONVEYANCE PURSUANT TO THE ACT OF APRIL 29, 1994
5 (P.L.155, NO.27), ENTITLED "AN ACT AUTHORIZING THE RELEASE OF
6 PROJECT 70 RESTRICTIONS ON CERTAIN LAND OWNED BY THE TOWNSHIP OF
7 SILVER SPRING, CUMBERLAND COUNTY, IN RETURN FOR THE IMPOSITION
8 OF PROJECT 70 RESTRICTIONS ON CERTAIN LAND TO BE OBTAINED BY THE
9 TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY," PRIOR TO THE
10 EFFECTIVE DATE OF THIS ACT SHALL BE DEEMED TO HAVE BEEN LAWFULLY
11 MADE FROM THE DATE OF SUCH CONVEYANCE.
12 SECTION 11. REPEAL.
13 THE ACT OF APRIL 29, 1994 (P.L.155, NO.27), ENTITLED "AN ACT
14 AUTHORIZING THE RELEASE OF PROJECT 70 RESTRICTIONS ON CERTAIN
15 LAND OWNED BY THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY,
16 IN RETURN FOR THE IMPOSITION OF PROJECT 70 RESTRICTIONS ON
17 CERTAIN LAND TO BE OBTAINED BY THE TOWNSHIP OF SILVER SPRING,
18 CUMBERLAND COUNTY," IS REPEALED.
19 Section 6 12. Effective date. <--
20 This act shall take effect immediately.
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