Pennsylvania Act 2002-228 — PROJECT 70 LANDS - NORTHUMBERLAND COUNTY RELAEASE AND IMPOSITION OF RESTRICTIONS

Act text

PROJECT 70 LANDS - NORTHUMBERLAND COUNTY RELAEASE AND IMPOSITION OF
                               RESTRICTIONS
                 Act of Dec. 23, 2002, P.L. 1976, No. 228             Cl. 85
                                  AN ACT

     Authorizing the release of Project 70 restrictions on certain
        lands owned by Northumberland County in return for imposition
        of Project 70 restrictions on other lands owned by the
        Northumberland County Development Corporation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Authorization.
        Under 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 release of Project 70 restrictions from the lands
     described in section 2 in exchange for imposition of Project 70
     restrictions on the lands described in section 3.
     Section 2.  Lands to be released from Project 70 restrictions.
        The property of Northumberland County to be released from
     Project 70 restrictions is as follows:
                                 PARCEL A
        ALL that certain tract, piece or parcel of ground situate in
     Point Township, Northumberland County, Pennsylvania, more
     particularly described as follows:
        BEGINNING at a stone monument located in the northeastern
     line of the Borough of Northumberland, County of Northumberland
     and State of Pennsylvania, the northeast corner of lands of
     Clara V. Diehl, and at the toe of the south slope of the tow-
     path on the southeast side of the Pennsylvania Canal, said canal
     paralleling the tracks of the Delaware, Lackawanna and Western
     Railroad, north of said canal, leading from said Borough of
     Northumberland to the Borough of Danville, and being one hundred
     fifty-two (152) feet South 34 degrees 30 minutes East from the
     stone monument in the said northeast line of Northumberland
     Borough, the second stone monument marking the northwest right-
     of-way line of said Delaware, Lackawanna and Western Railroad
     and being the southwest corner of other lands (golf course) of
     the Northumberland American Legion Post 44; thence along the
     southeast toe of a slope of said tow-path, for the following
     courses and distances: North 47 degrees 30 minutes East, 883.2
     feet; North 52 degrees 30 minutes East, 528.1 feet; North 53
     degrees 10 minutes East, 478 feet on the west side of an earth
     lane leading from Pennsylvania Department of Highways Route 11,
     southwardly to these premises and North 59 degrees 01 minute
     East, 2150 feet to an iron pipe corner, said corner being 200
     feet, more or less, southwestwardly from the west side of
     Johnson's Run; thence South 10 degrees 04 minutes East, along
     other lands of the Northumberland Legion Post 44, for a distance
     of eight hundred five (805) feet to an iron pipe corner, two
     hundred (200) feet, more or less, southwestwardly from the west
     side of said Johnson's Run; thence South 41 degrees 34 minutes
     East, at approximately two hundred (200) feet distant,
     southwestwardly, from the west side of said Johnson's Run, for a
     distance of two hundred eighty-nine (289) feet, more or less, to
     an iron pipe corner in the northwest bank or shore line of the
     North Branch of the Susquehanna River; thence in southwestwardly
     direction, more or less, along said northwest bank of said
     Susquehanna River, for a distance of three thousand six hundred
     fifty (3650.0) feet, more or less, to an iron pipe corner, on
     the northeastern line of Northumberland Borough; thence along
     said northeast line of said Northumberland Borough, and along
     the northeast line of lands of Clara V. Diehl, North 34 degrees
     30 minutes West, for a distance of seven hundred sixty-two
     (762.0) feet, more or less, to the stone monument, the place of
     beginning, being vacant land, cultivated fields and woodlands,
     and containing eighty-six and eight tenths (86.8) acres, more or
     less. The foregoing description is in accord with a survey made
     by Harry W. Jones, P.E., dated September 10, 1968.
        TOGETHER with the full, free, liberty and right at all times
     hereafter and forever to have and use a passageway or lane
     hereinafter described from the present or new highway between
     Northumberland and Danville south to the right-of-way of the
     Delaware, Lackawanna and Western Railroad Company for any and
     all purposes connected with the use, enjoyment and occupation of
     the premises herein conveyed.
        The said right-of-way is over that certain piece or parcel of
     land situate in Point Township, Northumberland County,
     Pennsylvania, more particularly bounded and described as
     follows:
        BEGINNING at a point on the southwesterly 100.00 foot wide
     right of way line of P.D.H. RT. No. 11, in the easterly line of
     lands conveyed to Raymond C. Fasold from Kenneth J. Rodkey, May
     28, 1955, and recorded in Deed Book 371, at page 26; thence in a
     southeasterly direction along the westerly line of the herein
     described right of way, and along the above described lands, on
     a course South 34 degrees 15 minutes East, a distance of 362.3
     feet more or less, to a point in the northeasterly right of way
     line of the D.L. & W. Railroad Co., thence in a northeasterly
     direction along the northeasterly right of way line of the D.L.
     & W. Railroad Co., and along a curve to the right, on a chord
     course of North 59 degrees 01 minute East, a chord distance of
     25.04 feet to a point in the westerly line of lands conveyed to
     Raymond C. Fasold from Laurence Feaster, Nov. 18, 1950, and
     recorded in Deed Book 346, at page 47; thence in a northwesterly
     direction along the easterly line of the herein described right
     of way, and along the above described lands, on a course of
     North 34 degrees 15 minutes West, a distance of 363 feet more or
     less, to a point on the southwesterly 100.00 foot wide right of
     way line of P.D.H. RT. No. 11; thence in a southwesterly
     direction along the southwesterly 100.00 foot right of way line
     of P.D.H. RT. No. 11, and along a curve to the left, on a chord
     course of South 57 degrees 26 minutes West, a chord distance of
     25.0 feet to the place of beginning. Containing 9066.04 Sq. Ft.
     (o.21 Ac.) of land. All as shown on a map of the same prepared
     by John X. J. Callahan, P.E., a Registered Professional
     Engineer, dated May 1969, and now or about to be recorded.
        BEING part of the same premises which Leon B. Epler and
     Elizabeth K. Epler, his wife, by their deed dated March 8, 1946
     and recorded March 8, 1946 in Deed Book No. 311, page 89, of
     Northumberland County, Pennsylvania, granted and conveyed unto
     Northumber-Land Legion Home Association, the Grantor herein.
        RESERVING unto the Grantor, its successors and assigns, the
     full, free liberty and right at all times hereafter forever to
     have and use a passageway over the premises herein conveyed to
     other land now owned by the Grantor adjoining the premises
     herein conveyed (a deed of grant for which is to be made upon
     the completion of plans for the development of the premises
     herein conveyed) for any and all purposes connected with the use
     and occupation of the said other land now owned by the Grantor
     adjoining the premises herein conveyed.
                                 PARCEL B
        ALL THAT CERTAIN tract of land situate in West Chillisquaque
     Township, Northumberland County, Pennsylvania, bounded and
     described as follows, to wit:
        BEGINNING at a point at low water mark on the south bank of
     the Chillisquaque Creek, said point being in the western right-
     of-way line the old Pennsylvania Canal, now the property of the
     Penn-Central Railroad Company, and being on the east side, and
     adjacent to a private stone and concrete arch bridge over
     Chillisquaque Creek; thence by the western right-of-way line of
     the old Pennsylvania Canal (now Penn-Central Railroad) the
     following seven (7) courses and distances:
     South 24 degrees 33 minutes east, 40.00 feet to a stone
     monument; south 12 degrees 33 minutes east, 596.91 feet to a
     stone monument; south 12 degrees 48 minutes east, 250.43 feet to
     a stone monument; south 9 degrees 16 minutes east, 79.19 feet to
     a stone monument; thence south 2 degrees 23 minutes east, 79.42
     feet to a stone monument; south 1 degree 56 minutes west, 200.25
     feet to a stone monument; south 1 degree 56 minutes west, 39.13
     feet to a stone monument; thence by lands of Robert Snyder,
     south 62 degrees 45 minutes west a distance of 1670.53 feet to
     an iron pin on the east bank of the West Branch of the
     Susquehanna River at low water mark; thence north along low
     water mark of the Susquehanna River the following two (2)
     courses and distances: north 20 degrees 16 minutes west, 596.62
     feet to a point; north 0 degrees 32 minutes west, a distance of
     323.11 feet to a point at the mouth of Chillisquaque Creek;
     thence up Chillisquaque Creek the following four (4) courses and
     distances: north 25 degrees 37 minutes east, 294.96 feet to a
     point at low water mark on the south bank of said creek; north
     36 degrees 42 minutes east, 257.55 feet to a point at low water
     mark; north 48 degrees 47 minutes east, 297.96 feet to a point
     at low water mark; north 64 degrees 13 minutes east, 1087.80
     feet to a point on the east side of aforementioned bridge, the
     place of beginning.
        CONTAINING 48.4 acres.
        There is also hereby conveyed to the Grantee the following
     right-of-way across the lands of Jay F. Bacon et ux and which
     right-of-way leads from the township road leading southwardly
     from Route 147 to the Chillisquaque Creek.
        BEGINNING at a point at low water mark on the south bank of
     Chillisquaque Creek, said point being the northeast corner and
     place of beginning of the above described tract; thence along
     the western right-of-way line of the old Pennsylvania Canal (now
     the Penn-Central Railroad) the following seven (7) courses and
     distances: north 24 degrees 33 minutes west, 173.20 feet to a
     point; north 21 degrees 28 minutes west, 800.70 feet to a point;
     north 17 degrees 23 minutes west, 133.00 feet to a point; north
     3 degrees 53 minutes west, 71.60 feet to a point; north 13
     degrees 37 minutes east 71.10 feet to a point; north 21 degrees
     37 minutes east, 190.00 feet to a point; north 15 degrees 32
     minutes east, 47.0 feet to a point in the western line of the
     above mentioned township road leading southwardly from Route
     147; thence along the western line of said township road 51 feet
     to a point; thence along lands of Jay F. Bacon the following
     courses and distances: south 15 degrees 32 minutes west, 51
     feet; south 21 degrees 37 minutes west, 190 feet; south 13
     degrees 37 minutes west, 82.30 feet; south 3 degrees 53 minutes
     east, 85.22 feet; south 17 degrees 23 minutes east, 140.70 feet;
     south 21 degrees 28 minutes east, 803.96 feet; south 24 degrees
     33 minutes east, 174.50 feet to a point on the northern line of
     the lands herein conveyed; thence along the same north 64
     degrees 13 minutes east, 50.01 feet to the place of beginning.
     Being a right-of-way 50 feet in width across the lands of Jay F.
     Bacon from a township road leading southerly from Route 147 to
     the lands herein conveyed.
        Being part of the same premises that William H. Mertz and
     Grace H. Mertz, his wife; Boyd F. Mertz and Maria A. Mertz, his
     wife; and Harold R. Mertz and Myrtle E. Mertz, his wife, by
     their deed dated February 26, 1963 and recorded in the
     Recorder's Office of Union County, Pennsylvania in Deed Book
     424, at Page 500, granted and conveyed unto Jay F. Bacon and Ann
     L. Bacon, his wife, Grantors herein.
     Section 3.  Lands on which Project 70 restrictions are to be
                    imposed.
        The property owned by the Northumberland County Development
     Corporation upon which Project 70 restrictions are to be imposed
     is as follows:
        ALL THOSE CERTAIN lots of ground situate in Lewis Township,
     Northumberland County, Pennsylvania, bounded and described as
     follows, to wit:
        (1)  BEGINNING at a stone on lands now or formerly of Levi
     Reinart, thence, North 27 degrees East, 68.9 perches to a stone
     on lands now or formerly of R.C. McClellen passing along lands
     now or formerly of Benjamin F. Deisher; thence, along lands now
     or formerly of R.C. McClellen South 61 degrees East, 86.9
     perches to a stone on lands now or formerly of Daniel P.
     Dreisbach; thence, along said Dreisbach lands South 80 degrees
     West, 109.2 perches, passing along lands now or formerly of B.
     Menges and Levi Reinart, on this course, to a stone on lines of
     Levi Reinart, to place of BEGINNING.
        CONTAINING 18 acres and 113.9 perches of land.
        (2)  BEGINNING at a point in the center of a public road,
     thence along the center of said road South 78-1/2 degrees West,
     40.5 perches to a point in the center of said road; thence
     North, along lands now or formerly of Charles Reinhart, North 1-
     1/4 degrees East, 67 perches to a stake; thence, along lands
     formerly of Frederick A. Meuschke, North 79 degrees East, 40.5
     perches to a stone; thence, along lands now or formerly of D.P.
     Dreisbach South 3 degrees West, 66.5 perches to the place of
     BEGINNING.
        CONTAINING 16 acres and 84 perches, more or less.
        (3)  BEGINNING at a stone in the Public Road leading from
     Turbotville to Comly, thence, West along lands now or formerly
     of Benjamin Menges, 67.2 rods to a stone on lands now or
     formerly of B.F. Deisher; thence, North along these lands 16-1/2
     feet to lands now or formerly of Levi Reinart; thence, along
     these lands of Levi Reinart East 67.2 rods to a stone in the
     aforesaid Public Road; thence, South along this Public Road 16-
     1/2 feet to the place of BEGINNING.
        CONTAINING one half acre of ground, more or less.
        (4)  BEGINNING at a stone, thence by lands now or formerly of
     Samuel Beibers heirs North 77-1/4 degrees East, 68.2 perches to
     a stone; thence, by lands now or formerly of D.H. Dreisbach
     South 67.2 perches to a stone in the road; thence, by said road
     South 77 degrees West, 10.6 perches to a stone; thence, by lands
     now or formerly of Mrs. Hills heirs North 14 degrees West, 14.25
     perches to a stone; thence, along same North 77-3/4 West, 23.15
     perches to a stone; thence, along lands now or formerly of John
     Weller North 14-3/4 degrees West, 17.95 perches to a stone;
     thence, along the same 77-1/4 degrees West, 33.4 perches to the
     place of BEGINNING.
        CONTAINING 19 acres.
        EXCEPTING AND RESERVING, therefrom, however, all that certain
     lot of ground described as (3) hereinabove.
        BEING the same premises which M.F. Sports and Recreation
     Complex, Inc. and Thomas L. Moser, single person, by their Deed
     in Lieu of Foreclosure dated May 13, 1998 and recorded May 14,
     1998, in the Office of the Recorder of Deeds in and for
     Northumberland County, Pennsylvania in Record Book 1159 at Page
     473, granted and conveyed unto Harold T. Moser and Ruth K.
     Moser, his wife, Grantors herein.
     Section 4.  Restriction.
        (a)  Project 70 restrictions.--Project 70 restrictions shall
     be imposed on the lands described in section 3 by the following
     deed clause:
            This land is to be used for park, recreation and
        conservation purposes in accordance with provisions of the
        act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
        Project 70 Land Acquisition and Borrowing Act.
        (b)  Deed clause.--The deed of conveyance for the property
     described in section 2 shall contain a clause that the property
     shall be used for land conservancy purposes consistent with the
     purposes of the Project 70 Land Acquisition and Borrowing Act.
     Section 5.  Sale of property.
        (a)  Consideration.--Northumberland County may not sell the
     property described in section 2 for less than fair market value
     as determined by an independent appraisal.
        (b)  Proceeds.--The proceeds from the sale of the land
     described in section 2 shall be used by Northumberland County to
     pay the mortgage on the land described in section 3. Upon full
     payment of the mortgage, the balance of the sale proceeds shall
     be deposited into a special account established by
     Northumberland County and used exclusively by the county for
     recreational improvements to the land described in section 3.
     Section 6.  Effective date.
        This act shall take effect immediately.