Pennsylvania Act 2004-41 — PROJECT 70 LANDS - WHARTON TOWNSHIP, FAYETTE COUNTY, RELEASE AND IMPOSITION OF RESTRICTIONS

Act text

PROJECT 70 LANDS - WHARTON TOWNSHIP, FAYETTE COUNTY, RELEASE AND
                        IMPOSITION OF RESTRICTIONS
                  Act of Jun. 23, 2004, P.L. 432, No. 41              Cl. 85
                                  AN ACT

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

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

     Section 1.  Authorization to sell and transfer of title.
        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 Fayette County which are more particularly
     described in section 3 for a consideration of $190,000, which
     sum represents the fair market value of the property as
     determined by an appraisal.
     Section 2.  Restrictions.
        The lands described in section 3 shall be transferred with
     all existing restrictions currently imposed by the Project 70
     Land Acquisition and Borrowing Act upon conveyance of said lands
     to Woodlands Zoo, Inc.
     Section 3.  Land to be sold with Project 70 restrictions.
        The parcel of land to be sold with existing Project 70
     restrictions is situated in Wharton Township, Fayette County,
     Pennsylvania, and more particularly bounded and described as
     follows:
        BEGINNING at a point on the center line of Route 40 known as
     the National Highway, at a corner of land owned by Estella A.
     Craig; thence along Craig land, South 57 degrees 16 minutes 50
     seconds West, 303.50 feet to a point; thence along same South 13
     degrees 6 minutes 50 seconds West, 310.05 feet to a point;
     thence along same South 9 degrees 43 minutes 30 seconds East,
     316.60 feet to a point corner of land of Alvin R. Sowers; thence
     along Sowers land South 45 degrees 15 minutes 30 seconds West,
     1826.41 feet to a point; thence by same South 63 degrees 58
     minutes 50 seconds West, 952.24 feet to a point; thence by same
     South 39 degrees 5 minutes 40 seconds West, 276.49 feet to a
     point thence by same South 59 degrees 50 minutes 10 seconds
     West, 71.05 feet to a point; thence by same South 67 degrees 44
     minutes 10 seconds West, 141.29 feet to a point; thence by same
     South 71 degrees 29 minutes 50 seconds West, 216.90 feet to a
     point; thence by same South 4 degrees 26 minutes 50 seconds
     West, 829.39 feet to a point corner of Fort Necessity Park;
     thence by same South 54 degrees 22 minutes West, 192.29 feet to
     a point in line of land of Katherine Zimmerli; thence by said
     line North 18 degrees 58 minutes 20 seconds West, 1319.38 feet
     to a point; thence by same North 8 degrees 45 minutes East, 1089
     feet to a point; thence by same North 66 degrees 45 minutes
     East, 1359.61 feet to a point; thence by same North 21 degrees
     30 minutes East, 1155 feet to line of lands of C.H. Sherry;
     thence by Sherry land South 69 degrees 5 minutes 20 seconds
     East, 1283.20 feet to a point in line of land of Asa O. Stimmel;
     thence by Stimmel North 52 degrees 55 minutes 40 seconds East,
     682.14 feet to point in aforesaid National Highway: thence in
     said Highway South 34 degrees 55 minutes 20 seconds East, 115
     feet to a point, the place of beginning.
     Containing 122.8175 Acres.
        BEING a part of that tract of land conveyed to Earl G. Hager,
     one of the within grantors by deed of Thomas G. Hager and his
     wife dated February 11, 1928 and recorded in Deed Book 496 page
     179 in the Fayette County's Recorders Office.
     Section 4.  Project 70 deed clause.
        The following restrictions shall remain in the deed for the
     land described in section 3:
        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.
     Section 5.  Special account.
        The $190,000 consideration from the sale of the land shall be
     deposited in a special account established by Fayette County for
     acquisition or development of parkland. Use of funds from the
     special account must be approved in accordance with a plan
     approved by the Department of Conservation and Natural
     Resources, Bureau of Recreation and Conservation. Any funds
     remaining in the special account after five years of the
     effective date of this act shall be paid to the Commonwealth for
     deposit into the Project 70 Land Acquisition Sinking Fund.
     Section 6.  Effective date.
        This act shall take effect immediately.