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                                                      PRINTER'S NO. 1455

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1047 Session of 2004


        INTRODUCED BY KASUNIC, MARCH 22, 2004

        REFERRED TO STATE GOVERNMENT, MARCH 22, 2004

                                     AN ACT

     1  Authorizing the sale and transfer of ownership of Project 70
     2     land located in Wharton Township, Fayette County,
     3     Pennsylvania.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Authorization to sell and transfer of title.
     7     Pursuant to the requirements of section 20(b) of the act of
     8  June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
     9  Land Acquisition and Borrowing Act, the General Assembly hereby
    10  authorized the sale and transfer of title for the Project 70
    11  lands owned by Fayette County which are more particularly
    12  described in section 3 for a consideration of $190,000, which
    13  sum represents the fair market value of the property as
    14  determined by an appraisal.
    15  Section 2.  Restrictions.
    16     The lands described in section 3 shall be transferred with
    17  all existing restrictions currently imposed by the Project 70
    18  Land Acquisition and Borrowing Act upon conveyance of said lands

     1  to Woodlands Zoo, Inc.
     2  Section 3.  Land to be sold with Project 70 restrictions.
     3     The parcel of land to be sold with existing Project 70
     4  restrictions is situated in Wharton Township, Fayette County,
     5  Pennsylvania, and more particularly bounded and described as
     6  follows:
     7     BEGINNING at a point on the center line of Route 40 known as
     8  the National Highway, at a corner of land owned by Estella A.
     9  Craig; thence along Craig land, South 57 degrees 16 minutes 50
    10  seconds West, 303.50 feet to a point; thence along same South 13
    11  degrees 6 minutes 50 seconds West, 310.05 feet to a point;
    12  thence along same South 9 degrees 43 minutes 30 seconds East,
    13  316.60 feet to a point corner of land of Alvin R. Sowers; thence
    14  along Sowers land South 45 degrees 15 minutes 30 seconds West,
    15  1826.41 feet to a point; thence by same South 63 degrees 58
    16  minutes 50 seconds West, 952.24 feet to a point; thence by same
    17  South 39 degrees 5 minutes 40 seconds West, 276.49 feet to a
    18  point thence by same South 59 degrees 50 minutes 10 seconds
    19  West, 71.05 feet to a point; thence by same South 67 degrees 44
    20  minutes 10 seconds West, 141.29 feet to a point; thence by same
    21  South 71 degrees 29 minutes 50 seconds West, 216.90 feet to a
    22  point; thence by same South 4 degrees 26 minutes 50 seconds
    23  West, 829.39 feet to a point corner of Fort Necessity Park;
    24  thence by same South 54 degrees 22 minutes West, 192.29 feet to
    25  a point in line of land of Katherine Zimmerli; thence by said
    26  line North 18 degrees 58 minutes 20 seconds West, 1319.38 feet
    27  to a point; thence by same North 8 degrees 45 minutes East, 1089
    28  feet to a point; thence by same North 66 degrees 45 minutes
    29  East, 1359.61 feet to a point; thence by same North 21 degrees
    30  30 minutes East, 1155 feet to line of lands of C.H. Sherry;
    20040S1047B1455                  - 2 -     

     1  thence by Sherry land South 69 degrees 5 minutes 20 seconds
     2  East, 1283.20 feet to a point in line of land of Asa O. Stimmel;
     3  thence by Stimmel North 52 degrees 55 minutes 40 seconds East,
     4  682.14 feet to point in aforesaid National Highway: thence in
     5  said Highway South 34 degrees 55 minutes 20 seconds East, 115
     6  feet to a point, the place of beginning.
     7  Containing 122.8175 Acres.
     8     BEING a part of that tract of land conveyed to Earl G. Hager,
     9  one of the within grantors by deed of Thomas G. Hager and his
    10  wife dated February 11, 1928 and recorded in Deed Book 496 page
    11  179 in the Fayette County's Recorders Office.
    12  Section 4.  Project 70 deed clause.
    13     The following restrictions shall remain in the deed for the
    14  land described in section 3:
    15     "This indenture is given to provide land for recreation,
    16     conservation and historical purposes, as said purposes are
    17     defined in the 'Project 70 Land Acquisition and Borrowing
    18     Act,' approved June 22, 1964, P.L.131."
    19  Section 5.  Special account.
    20     The $190,000 consideration from the sale of the land shall be
    21  deposited in a special account established by Fayette County for
    22  acquisition or development of parkland. Use of funds from the
    23  special account must be approved in accordance with a plan
    24  approved by the Department of Conservation and Natural
    25  Resources, Bureau of Recreation and Conservation. Any funds
    26  remaining in the special account after five years of the
    27  effective date of this act shall be paid to the Commonwealth for
    28  deposit into the Project 70 Land Acquisition Sinking Fund.
    29  Section 6.  Effective date.
    30     This act shall take effect immediately.
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