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                                                      PRINTER'S NO. 4157

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2312 Session of 2004


        INTRODUCED BY CAWLEY, JUNE 23, 2004

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 23, 2004

                                     AN ACT

     1  Authorizing the release of Project 70 restrictions imposed on
     2     certain lands owned by the City of Scranton, Lackawanna
     3     County, being conveyed by the city in return for the
     4     imposition of Project 70 restrictions on certain lands being
     5     conveyed to the city.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  City of Scranton; Lackawanna County.
     9     (a)  Authorization.--Pursuant to the requirements of section
    10  20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
    11  known as the Project 70 Land Acquisition and Borrowing Act, the
    12  General Assembly hereby authorizes the release of the
    13  restrictions imposed by section 20 of the Project 70 Land
    14  Acquisition and Borrowing Act from the land owned by the City of
    15  Scranton, Lackawanna County, being conveyed to Lackawanna Land &
    16  Energy, Inc., and more particularly described in subsection (c),
    17  in exchange for the imposition of section 20 of the Project 70
    18  Land Acquisition and Borrowing Act restriction on lands owned by
    19  Lackawanna Land & Energy, Inc., being conveyed to the City of

     1  Scranton, and more particularly described in subsection (d).
     2     (b)  Freedom of restrictions.--The lands described in
     3  subsection (c), owned by the City of Scranton and being conveyed
     4  to Lackawanna Land & Energy, Inc., shall be free of the
     5  restrictions on use and alienation imposed by section 20 of the
     6  Project 70 Land Acquisition and Borrowing Act upon the
     7  imposition of and recording of the Project 70 deed restrictions
     8  set forth in subsection (e) on the parcel of replacement land
     9  owned by Lackawanna Land & Energy, Inc., and being conveyed to
    10  the City of Scranton.
    11     (c)  Land to be released from restrictions.--The parcel of
    12  land authorized to be released from restrictions is located in
    13  the City of Scranton, Lackawanna County, and more particularly
    14  described as follows:
    15     All that certain lot, piece or parcel of land situate, lying
    16  and being in the City of Scranton, County of Lackawanna,
    17  Pennsylvania, bounded and described as follows:
    18  Beginning at a point along the southerly side of Gilbert Street,
    19  on a bearing South fifty three Degrees thirty two Minutes forty
    20  three Seconds East, (S 53 Degrees 32 Minutes 43 Seconds E), a
    21  distance of four hundred eighty and no hundredths feet, (480.00
    22  feet) from the intersection of the southerly right-of-way line
    23  of Gilbert Street, and the easterly right-of-way line of
    24  Rockwell Avenue.
    25  THENCE continuing along said southerly right-of-way line of
    26  Gilbert Street, South fifty three Degrees thirty two Minutes
    27  forty three Seconds East, (S 53 Degrees 32 Minutes 43 Seconds
    28  E), a distance of one hundred one and twenty one hundredths
    29  feet, (101.21 feet), to a point;
    30  THENCE North twenty eight Degrees fifty two Minutes seventeen
    20040H2312B4157                  - 2 -     

     1  Seconds East, (N 28 Degrees 52 Minutes 17 Seconds E), a distance
     2  of two hundred five and fifty hundredths feet, (205.50 feet), to
     3  a point;
     4  THENCE North fifty six Degrees twenty five Minutes fifty eight
     5  Seconds West, (N 56 Degrees 25 Minutes 58 Seconds W), a distance
     6  of two hundred seventeen and forty seven hundredths feet,
     7  (217.47 feet), to a point, along the easterly right-of-way line
     8  of Leach Street;
     9  THENCE along the easterly right-of-way line of Leach Street,
    10  North thirty five Degrees thirty five Minutes thirty six Seconds
    11  East, (N 35 Degrees 35 Minutes 36 Seconds E), a distance of two
    12  hundred eighty one and ninety one hundredths feet, (218.91
    13  feet), to a point;
    14  THENCE South sixty Degrees twelve Minutes six Seconds East, (S
    15  60 Degrees 12 Minutes 06 Seconds E), a distance of three hundred
    16  sixty eight and sixty nine hundredths feet, (368.69 feet), to a
    17  point;
    18  THENCE South fifty nine Degrees eight Minutes forty nine Seconds
    19  East (S 59 Degrees 08 Minutes 49 Seconds E), a distance of six
    20  hundred seventy two and sixty two hundredths feet, (672.62
    21  feet), to a point;
    22  THENCE South sixty seven Degrees fifty one Minutes ten Seconds
    23  West, (S 67 Degrees 51 Minutes 10 Seconds W), a distance of
    24  three hundred nine and ninety three hundredths feet, (309.93
    25  feet), to a point;
    26  THENCE North twenty two Degrees eight Minutes fifty Seconds
    27  West, (N 22 Degrees 08 Minutes 50 Seconds W), a distance of one
    28  hundred forty and no hundredths feet, (140.00 feet), to a point,
    29  along the southerly right-of-way line of Gilbert Street, on a
    30  curve;
    20040H2312B4157                  - 3 -     

     1  THENCE along the southerly right-of-way line of said Gilbert
     2  Street, on a curve to the right having a radius of three hundred
     3  twenty five and no hundredths feet, (325.00 feet), having a
     4  chord bearing South seventy seven Degrees forty Minutes forty
     5  nine Seconds West, (S 77 Degrees 40 Minutes 49 Seconds W), a
     6  chord distance of one hundred ten and ninety three hundredths
     7  feet, (110.93 feet), to a point, the start of a tangent, along
     8  the southerly right-of-way line of Gilbert Street;
     9  THENCE South eighty seven Degrees thirty Minutes seventeen
    10  Seconds West, (S 87 Degrees 30 Minutes 17 Seconds W), a distance
    11  of one hundred forty and no hundredths feet, (140.00 feet), to a
    12  point;
    13  THENCE South two Degrees twenty nine Minutes forty three Seconds
    14  East (S 02 Degrees 29 Minutes 43 Seconds E), a distance of one
    15  hundred thirty four and ninety eight hundredths feet, (134.98
    16  feet), to a point;
    17  THENCE South eighty seven Degrees thirty Minutes seventeen
    18  Seconds West, (S 87 Degrees 30 Minutes 17 Seconds W), a distance
    19  of four hundred thirty seven and forty three hundredths feet,
    20  (437.43 feet), to a point;
    21  THENCE North fifty three Degrees thirty two Minutes forty three
    22  Seconds West, (N 53 Degrees 32 Minutes 43 Seconds W), a distance
    23  of one hundred seventy and no hundredths feet, (170.00 feet), to
    24  a point;
    25  THENCE North thirty six Degrees twenty seven Minutes seventeen
    26  Seconds East, (N 36 Degrees 27 Minutes 17 Seconds E), a distance
    27  of one hundred sixty and no hundredths feet, (160.00 feet), to a
    28  point, the place of beginning.
    29  Containing 8.784 Acres of land, more or less.
    30     (d)  Land on which restrictions are to be imposed.--The
    20040H2312B4157                  - 4 -     

     1  replacement parcel to be subject to the restrictions in exchange
     2  for the parcel described in subsection (c) is located in the
     3  City of Scranton, Lackawanna County, and more particularly
     4  described as follows:
     5  ALL that certain lot, piece or parcel of land, situate, lying
     6  and being in the City of Scranton, County of Lackawanna and
     7  Commonwealth of Pennsylvania, bounded and described as follows
     8  to wit:
     9  Beginning along the southerly right-of-way line of Wells Street,
    10  at the intersection of the lot herein described and Lot No. 93
    11  of the Leggetts Creek Park Subdivision;
    12  Thence along the southerly right-of-way line of Wells Street,
    13  South fifty five Degrees forty four Minutes forty four seconds
    14  East (S 55 Degrees 44 Minutes 44 Seconds E), a distance of one
    15  hundred thirty six and sixty five hundredths (136.65 feet) feet,
    16  to a point;
    17  Thence leaving said right-of-way, South seventeen Degrees twenty
    18  four Minutes four Seconds West (S 17 Degrees 24 Minutes 04
    19  Seconds W), a distance of one hundred forty one and thirty four
    20  hundredths (141.34 feet) feet, to a point;
    21  Thence South sixty Degrees forty nine Minutes fourteen Seconds
    22  West (S 60 Degrees 49 Minutes 14 Seconds W), a distance of one
    23  hundred and no hundredths (100.00 feet) feet; to a point;
    24  Thence South eighty eight Degrees twenty four Minutes forty four
    25  Seconds West (S 88 Degrees 24 Minutes 44 Seconds W), a distance
    26  of one thousand one hundred eleven and ninety seven hundredths
    27  (1111.97 feet) feet, to a point;
    28  Thence South seventy two degrees four Minutes thirty three
    29  Seconds West (S 72 degrees 04 Minutes 33 Seconds W) a distance
    30  of twenty seven and ninety eight hundredths (27.98 feet) feet,
    20040H2312B4157                  - 5 -     

     1  to a point;
     2  Thence along Lands of The City of Scranton, North fifty nine
     3  Degrees eight Minutes forty nine Seconds West (N 59 Degrees 08
     4  Minutes 49 Seconds W), a distance of four hundred sixty eight
     5  and sixty eight hundredths (468.68 feet) feet, to a point, at
     6  the southwest corner of Lot No. 75;
     7  Thence along the southerly line of Lots Nos. 75, 76, 77, 78, 79,
     8  80 and 81, North eighty six degrees thirty four Minutes fifty
     9  Seconds East (N 86 Degrees 34 Minutes 50 Seconds E), a distance
    10  of six hundred forty three and forty two hundredths (643.42
    11  feet) feet, to a point;
    12  Thence along Lot No. 81 of the Leggetts Creek Subdivision North
    13  three Degrees twenty five Minutes ten Seconds West (N 03 Degrees
    14  25 Minutes 10 Seconds W) a distance of one hundred seventy four
    15  and ninety two hundredths (174.92 feet) feet, to the point,
    16  along the southerly right-of-way line of Gilbert Street;
    17  Thence along the southerly right-of-way line of Gilbert Street
    18  on a curve to the left having a radius of 225.00 ft., having an
    19  arc length of 200.45 ft., Chord Bearing North sixty one Degrees
    20  three Minutes thirty Seconds East (N 61 Degrees 03 Minutes 30
    21  Seconds E), a chord distance of one hundred ninety three and
    22  eighty nine hundredths (193.89 feet) feet, to a point, along
    23  lands of the Marvine Dutch Gap Little League;
    24  Thence leaving said southeasterly right-of-way line of Gilbert
    25  Street, and along lands of the Little League South fifty six
    26  Degrees twenty six Minutes Eighteen Seconds East (S 56 Degrees
    27  26 Minutes 18 Seconds E), a distance of sixty seven and fifty
    28  six hundredths (67.56 feet) feet to a point;
    29  Thence along said Marvine Gap Little League South eighteen
    30  Degrees thirty seven Minutes forty two Seconds West (S 18
    20040H2312B4157                  - 6 -     

     1  Degrees 37 Minutes 42 Seconds W), a distance of two hundred
     2  thirty five and no hundredths (235.00 feet) feet, to a point;
     3  Thence continuing along said Little League property North eighty
     4  five Degrees seven Minutes forty two Seconds East (N 85 Degrees
     5  07 Minutes 42 Seconds E), a distance of two hundred seventy five
     6  and no hundredths (275.00 feet) feet, to a point;
     7  Thence along a curve to the left, having a radius of six hundred
     8  eighty and no hundredths (680.00 feet) feet, arc length of three
     9  hundred forty two and eighty seven hundredths (342.87 feet)
    10  feet, Chord of three hundred thirty nine and twenty five
    11  hundredths (339.25 feet) feet, Chord Bearing North seventy
    12  degrees forty one Minutes no Seconds East (N 70 Degrees 41
    13  Minutes 00 Seconds E), to the point.
    14  Thence along the southerly right-of-way line of Wells Street,
    15  South fifty five degrees forty four Minutes forty four Seconds
    16  East (S 55 Degrees 44 Minutes 44 Seconds E), a distance of
    17  eighteen and six hundredth (18.06 feet) feet, to a point, common
    18  to Lot No. 92 and Lot No. 90;
    19  Thence along line of Lot No. 92 South thirty five Degrees seven
    20  Minutes five Seconds West (S 35 Degrees 07 Minutes 05 Seconds
    21  W), a distance of one hundred forty four and eighty seven
    22  hundredths (144.87 feet) feet to a point at the start of a curve
    23  to the right;
    24  Thence along a curve to the right, having a radius of two
    25  hundred fifty and thirty hundredths (250.30 feet) feet, arc
    26  length of fifty and eleven hundredths (55.11 feet) feet and a
    27  Chord of fifty five (55 feet) feet, Chord Bearing South fifty
    28  nine Degrees twenty six Minutes twenty six Seconds West (S 59
    29  Degrees 26 Minutes 26 Seconds W), to a point.
    30  Thence along the westerly line of Lot No. 92 and Lot No. 93,
    20040H2312B4157                  - 7 -     

     1  South thirty five Degrees twenty nine Minutes four Seconds East
     2  (S 35 Degrees 29 Minutes 04 Seconds E), a distance of one
     3  hundred forty eight and twenty four hundredths (148.24 feet)
     4  feet, to a point;
     5  Thence along Lot No. 93, North seventy eight Degrees ten Minutes
     6  forty two seconds East (N 78 Degrees 10 Minutes 42 Seconds E), a
     7  distance of fifty five and forty seven hundredths (55.47 feet)
     8  feet, to a point;
     9  Thence along Lot No. 93, North sixty one Degrees nine Minutes
    10  forty four seconds East, (N 61 Degrees 09 Minutes 44 Seconds E),
    11  a distance of one hundred thirty and eighty eight hundredths
    12  (130.88 feet), to a point;
    13  Thence along Lot No. 93, North twenty seven Degrees six Minutes
    14  thirty one seconds East, (N 27 Degrees 06 Minutes 31 Seconds E),
    15  a distance of eighty nine and ninety nine hundredths (89.99
    16  feet) feet, to a point, along the southerly right-of-way line of
    17  Wells Street, to the point of beginning.
    18  Containing 9.253 Acres of land, more or less.
    19     (e)  Deed restriction.--The Deed restriction to be
    20  transferred to the parcel described in subsection (d) shall read
    21  as follows:
    22         This indenture is given to provide land for recreation,
    23         conservation and historical purposes as said purposes are
    24         defined in the act of June 22, 1964 (Sp.Sess., P.L.131,
    25         No.8), known as the Project 70 Land Acquisition and
    26         Borrowing Act.
    27     (f)  Costs.--The parties to this transaction shall bear their
    28  respective costs.
    29     (g)  Execution.--The deed of conveyance shall be executed and
    30  approved as provided by law.
    20040H2312B4157                  - 8 -     

     1  Section 2.  Effective date.
     2     This act shall take effect immediately.



















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