Pennsylvania Act 2003-52 — PROJECT 70 LANDS - COMMONWEALTH PROPERTY IN LACKAWANNA COUNTY

Act text

PROJECT 70 LANDS - COMMONWEALTH PROPERTY IN LACKAWANNA COUNTY
                  Act of Dec. 23, 2003, P.L. 366, No. 52              Cl. 85
                                  AN ACT

     Authorizing the City of Scranton and Redevelopment Authority of
        the City of Scranton, Lackawanna County, to transfer, sell
        and convey to the University of Scranton certain Project 70
        lands free of restrictions imposed by the Project 70 Land
        Acquisition and Borrowing Act.

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

        Section 1.  (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 release of
     Project 70 restrictions and transfer of the lands owned by the
     City of Scranton which are more particularly described in
     subsection (c) to the Redevelopment Authority of the City of
     Scranton and the sale of said lands by the Redevelopment
     Authority of the City of Scranton to the University of Scranton
     for a consideration of $1,150,000, which sum represents at least
     the fair market value of the property as determined by an
     appraisal.
        (b)  Freedom of restrictions.--The lands described in
     subsection (c) shall be free of restrictions on use and
     alienation imposed by the Project 70 Land Acquisition and
     Borrowing Act upon conveyance of said lands by the City of
     Scranton to the Redevelopment Authority of the City of Scranton
     and the subsequent conveyance by the Redevelopment Authority of
     the City of Scranton to the University of Scranton.
        (c)  Lands to be released from restrictions.--The parcel of
     land to be released from Project 70 restrictions is situated in
     the City of Scranton, Lackawanna County, and more particularly
     described as follows:
     All that certain piece or parcel of land being in Ward 18 and
     Ward 6 of the City of Scranton, County of Lackawanna and
     Commonwealth of Pennsylvania bounded and described as follows to
     wit:
     Parcel No. 1
     Beginning at an iron pin (set) on the northeasterly Legal Right-
     of-Way Line of Broadway at its intersection with the
     southeasterly Right-of-Way Line now or formerly of the Central
     Railroad of New Jersey (Heritage Valley Walking Trails); thence
     along said southeasterly Right-of-Way Line now or formerly of
     the Central Railroad of New Jersey (Heritage Valley Walking
     Trails), the following two (2) courses and distances:
        1.  Along a curve to the left having a radius of eight
     hundred sixty-one and forty-eight hundredths (861.48) feet, an
     arc length of two hundred twenty-two and four hundredths
     (222.04) feet, to an iron pin (set), said arc having a chord
     bearing and distance of North thirty-five degrees ten minutes
     East, two hundred twenty-one and forty-three hundredths (221.43)
     feet; Thence,
        2.  Along a curve to the left having a radius of five hundred
     seven and nineteen hundredths (507.19) feet, an arc distance of
     two hundred forty-nine and twenty hundredths (249.20) feet to an
     iron pin (set), at the intersection of said southeasterly Right-
     of-Way Line now or formerly of Central Railroad of New Jersey
     (Heritage Valley Walking Trails) and the Flood Control Easement
     Line for the Lackawanna River, said arc having a chord bearing
     and distance of North fourteen degrees twelve minutes East, two
     hundred forty-six and seventy hundredths (246.70) feet; Thence
        Along said Flood Control Easement Line for the Lackawanna
     River, the following courses and distances:
        1)  South twenty-three degrees twenty five minutes twenty-
        three seconds East, one hundred ninety three and ninety-one
        hundredths (193.91) feet to a point; Thence,
        2)  South fifteen degrees thirty-six minutes East, one
        hundred eighty-two and ten hundredths (182.10) feet to a
        point; Thence,
        3)  South four degrees forty-one minutes East, two hundred
        thirteen and fifty hundredths (213.50) feet to a point;
        Thence,
        4)  North seventy-one degrees thirty-four minutes West,
        nineteen and sixty-five hundredths (19.65) feet to a point;
        Thence,
        5)  South eighteen degrees twenty-four minutes West, fifty-
        one and zero hundredth (51.00) feet to an iron pin (set) at
        the intersection of said Flood Control Easement Line for the
        Lackawanna River and said northeasterly Legal Right-of-Way
        Line of Broadway; Thence,
        Along said northeasterly Legal Right-of-Way Line of Broadway,
     the following three (3) courses and distances:
        1)  North seventy-one degrees thirty-four minutes West, eight
        and eleven hundredths (8.11) feet to an iron pin (set);
        Thence,
        2)  Along a curve to the right having a radius of six hundred
        seventy-six and seventy-eight hundredths (676.78) feet, an
        arc distance of two hundred eighty-seven and seventy-nine
        hundredths (287.79) feet to a point, said arc having a chord
        bearing and distance of North fifty-nine degrees and twenty-
        three minutes West, two hundred eighty-five and sixty-three
        hundredths (285.63) feet to a point; Thence,
        3)  North forty-seven degrees twelve minutes West, fifty-nine
        and zero hundredths (59.00) feet to the point of beginning.
        Containing 2.23 acres of land, more or less.
     PARCEL NO. 2
        Beginning at an iron pin (set) on the southwesterly Legal
     Right-of-Way Line of Broadway at its intersection with the
     southeasterly Right-of-Way Line now or formerly of the Central
     Railroad of New Jersey (Heritage Valley Walking Trails); Thence,
     along said southwesterly Legal Right-of-Way Line of Broadway,
     the following three (3) courses and distances:
        1)  South forty-seven degrees twelve minutes East, sixth-four
        and thirty hundredths (64.30) feet to a point; Thence,
        2)  Along a curve to the left having a radius of seven
        hundred fifty-six and seventy-eight hundredths (756.78) feet,
        an arc length of three hundred twenty-one and ninety-two
        hundredths (321.92) feet to an iron pin (set), said arc have
        a chord bearing and distance of South fifty-nine degrees
        twenty-three minutes East, three hundred nineteen and fifty
        hundredths (319.50) feet; Thence,
        3)  South seventy-one degrees thirty-four minutes East,
        nineteen and zero hundredths (19.00) feet to an iron pin
        (set) at the intersection of said southwesterly Legal Right-
        of-Way Line of Broadway and the Flood Control Easement Line
        for the Lackawanna River; Thence,
        Along said Flood Control Easement Line for the Lackawanna
     River, the following ten (10) courses and distances:
        (1)  South six degrees fifty-nine minutes West, three hundred
        ninety-five and zero hundredths (395.00) feet to a point;
        Thence,
        (2)  South forty-four degrees thirty-two minutes West, one
        hundred thirty five and zero hundredths (135.00) feet to a
        point; Thence,
        (3)  North eighty-seven degrees twenty-five minutes West, two
        hundred and zero hundredths (200.00) feet to a point; Thence,
        (4)  North eighty-one degrees thirty-eight minutes West, two
        hundred and zero hundredths (200.00) feet to a point; Thence,
        (5)  North seventy-nine degrees twenty-one minutes West, one
        hundred thirty and zero hundredths (130.00) feet to a point;
        Thence,
        (6)  South eighty-one degrees fifty-one minutes West, forty-
        four and eighty hundredths (44.80) feet to a point; Thence,
        (7)  North seventy-two degrees thirty minutes West, one
        hundred fifty-three and zero hundredths (153.00) feet to a
        point; Thence,
        (8)  South seventy degrees fifteen minutes West, seventy-nine
        and ninety hundredths (79.90) feet to a point; Thence,
        (9)  South thirty-nine degrees forty-four minutes thirty-
        eight seconds West, seventh-six and seventy-six hundredths
        (76.76) feet to a point; Thence,
        (10)  North sixty-one degrees thirty-seven minutes West, four
        and zero hundredths (4.00) feet to a point on said
        southeasterly Right-of-Way Line now or formerly of the
        Central Railroad of New Jersey (Heritage Valley Walking
        Trails); Thence,
        Along said southeasterly Right-of-Way Line now or formerly of
     the Central Railroad of New Jersey (Heritage Valley Walking
     Trails); the following two (2) courses and distances:
        (1)  Along a curve to the right having a radius of one
        thousand two hundred ninety-nine and twenty-one hundredths
        (1299.21) feet, an arc distance of four hundred forty-five
        and fifty-four hundredths (445.54) feet to an iron pin (set),
        said arc having a chord bearing and distance of North thirty-
        eight degrees twelve minutes East, four hundred forty-three
        and thirty-six hundredths (443.36) feet; Thence,
        (2)  North forty-eight degrees one minute East, five hundred
        and twenty five hundredths (500.25) feet to the point of
        beginning.
        Containing 9.15 acres of land, more or less.
        The above-described Parcel No. 2 is subject to utility
     easements for sanitary sewers of the Scranton Sewer Authority.
        The above-described Parcel No. 1 and Parcel No. 2 are as
     shown on "Plot Plan-Lands N/F of the Redevelopment Authority of
     the City of Scranton, South Side Sports Complex," dated 1/22/03
     and revised 6/17/03, prepared by CECO Associates, Inc.,
     Consulting Engineers.
        (d)  Deed restriction.--The City of Scranton shall reserve by
     deed restriction or easement adequate land along the Lackawanna
     River to accommodate the Lackawanna River Heritage
     Trail/Greenway as recommended in the Scranton Comprehensive
     Parks, Recreation and Open Space Plan and the Management Action
     Plan for the Lackawanna Heritage Valley.
        (e)  Conditions.--The transfer is subject to the following
     conditions:
            (1)  The University of Scranton must agree to strictly
        comply with all obligations of a Memorandum of Understanding
        between the university and the Redevelopment Authority of the
        City of Scranton as entered into on July 8, 2003.
            (2)  Construct on a portion of the property a baseball
        field, a women's softball field and a soccer field, all of
        which shall conform to the regulations and requirements of
        the National Collegiate Athletic Association, and which shall
        be maintained by the University of Scranton, and each of
        which shall be made available for general public use for
        recreational purposes during reasonable hours when the
        facilities are not in use by the University of Scranton,
        provided, however, that nothing in this section is intended
        or shall be interpreted to preclude the University of
        Scranton from establishing reasonable regulations on the use
        of the facilities, including, but not limited to, a
        requirement regarding maintaining of reasonable liability
        insurance by the City of Scranton.
            (3)  The University of Scranton must agree that,
        following the completion of the basketball court and play
        area, the university will be responsible for the maintenance
        and upkeep of the property.
            (4)  Prior to the transfer to the Scranton Redevelopment
        Authority, the city must request written notice from the
        Department of Housing and Urban Development that the transfer
        will not violate regulations of the department.
            (5)  The University of Scranton must agree that,
        following reconstruction under paragraph (2), the university
        will do all of the following:
                (i)  Use the complex for its athletic programs and
            for other events and programs.
                (ii)  Make the fields in the complex available for
            use by various leagues which have used, are using or may
            wish to use the complex. This subparagraph includes, but
            is not limited to, teener, adult softball, summer
            collegiate baseball, amateur baseball and youth leagues
            when the fields are not being used by the university.
                (iii)  Make the fields in the complex available to
            the general public during reasonable hours when the
            fields are not being used by the university.
                (iv)  Develop programs on the complex for the youth
            of the community.
            (6)  The University of Scranton must purchase and
        maintain liability insurance on the real property from the
        date of transfer. The City of Scranton must purchase and
        maintain liability insurance to cover public use under
        paragraphs (2) and (5).
        (f)  Use of proceeds.--The $1,150,000 consideration from the
     sale of the land shall be deposited in a special account
     established by the Redevelopment Authority of the City of
     Scranton for the maintenance, improvement and development of Nay
     Aug Park and Weston Field in the City of Scranton in accordance
     with the Scranton Comprehensive Parks, Recreation and Open Space
     Plan.
        Section 2.  This act shall take effect immediately.