THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY J. EVANS, BROOKS, CALTAGIRONE, EVERETT, FLECK, GODSHALL, MILLARD, MILLER, MURT, QUINN, SCHMOTZER, SONNEY, STABACK, VULAKOVICH AND BRENNAN, JUNE 11, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 11, 2012  

AN ACT

Authorizing the sale and transfer of title for Project 70 lands

owned by Erie County to Springfield Township, Erie County.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

(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

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;

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

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

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 2.  Effective date.

This act shall take effect immediately.