PRINTER'S NO. 2336
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1845
Session of
2023
INTRODUCED BY WHITE AND JOZWIAK, NOVEMBER 30, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 30, 2023
AN ACT
Authorizing the Department of Conservation and Natural
Resources, with the approval of the Governor, to grant and
convey to the City of Philadelphia a right-of-way easement
situate in the City of Philadelphia, Philadelphia County, in
exchange for improvements to Benjamin Rush State Park and
monetary consideration to the Commonwealth to be used toward
the acquisition and conveyance of a tract of land to be added
to French Creek State Park.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in the City of Philadelphia.
(a) Authorization.--The Department of Conservation and
Natural Resources, with the approval of the Governor, is
authorized on behalf of the Commonwealth of Pennsylvania to
grant and convey to the City of Philadelphia a right-of-way
easement situate in the City of Philadelphia, Philadelphia
County, in exchange for improvements to Benjamin Rush State Park
and monetary consideration to the Commonwealth to be used toward
the acquisition of a tract of land to be added to French Creek
State Park in accordance with subsection (c).
(b) Property description.--The property interest to be
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conveyed in accordance with subsection (a) consists of a right-
of-way easement totaling approximately 0.32869 acres and
improvements thereon, bounded and more particularly described as
follows:
ALL THAT CERTAIN piece of ground, situate in the 66th Ward of
the City of Philadelphia and described in accordance with a
survey plan by Pennoni Associates Inc., entitled "Proposed Right
of Way Plan", drawing number V-0601, project number BRRTX20015,
dated 05/16/2022, and being more particularly described as
follows:
BEGINNING at a point on the Northeasterly side of
Southampton-Byberry Road (70 feet wide, Legally Open, On City
Plan number 385), said point being measured North 02 degrees 15
minutes 31 seconds West, the distance of 934.38 feet from a
point of curve, said curve having a radius of 25.000 feet and an
arc distance of 38.495 feet, which connects the Northeasterly
side of Southampton-Byberry Road and with the Northwesterly side
of McNulty Road (70 feet wide, Legally Open, On City Plan number
385); thence extending from said beginning point, along the
Northeasterly side of Southampton-Byberry Road, North 02 degrees
15 minutes 31 seconds 150.000 feet to a point; thence along a
curve to the left, radius 734.407 feet, an arc distance of
464.950 feet, a chord bearing of North 20 degrees 26 minutes 36
seconds West, and a chord distance of 457.223 feet to a point;
thence along a curve to the right, radius of 25.029 feet, an arc
distance of 37.900 feet, a chord bearing of North 04 degrees 47
minutes 40 seconds East, and a chord distance of 34.378 feet to
a point; thence South 48 degrees 05 minutes 49 seconds West, a
distance of 25.047 feet, to a point; thence along a curve to the
left, radius of 25.554, an arc distance of 39.060 feet, a chord
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bearing of South 03 degrees 10 minutes 36 seconds West, and a
chord distance of 35.370 feet to a point; thence along a curve
to the right, radius 760.000 feet, an arc distance of 480.840
feet, a chord bearing of South 20 degrees 26 minutes 23 seconds
East, and a chord distance of 472.857 feet to a point; thence
South 07 degrees 12 minutes, 20 seconds West, 152.095 feet to
the first mentioned point of beginning.
Easement contains 14,318 square feet or 0.32869 acres.
Being a portion of the lands, now and formerly of the
Commonwealth of Pennsylvania, OPA number 88-4291485, and listed
as Map number 150-N-08.
(c) Authorization to receive property.--The Department of
Conservation and Natural Resources, with the approval of the
Governor, is authorized on behalf of the Commonwealth of
Pennsylvania to receive that certain tract of land situate in
Union Township, Berks County, in exchange for that property
interest to be conveyed to the City of Philadelphia in
accordance with subsection (a).
(d) Monetary consideration and improvements.--The City of
Philadelphia, through funding and assistance provided by
Brandywine Byberry, LP, its successors or assigns, shall
contribute $203,500 toward the acquisition and conveyance of
property to the Commonwealth, acting by and through the
Department of Conservation and Natural Resources. The property
to be conveyed in accordance with subsection (c) consists of
approximately 12.016 acres and improvements thereon described as
follows:
ALL THAT CERTAIN parcel of land SITUATE in Union Township,
Berks County, Pennsylvania, being shown on Boundary Plan
prepared for Natural Lands Trust, Inc., dated April 7, 2022 by
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Regester Associates, Inc., Kennett Square, Pennsylvania, and
being more fully described as follows:
BEGINNING at the southerly corner in common of lands now or
late of Daniel A. and Karen L. Stauffer (a/k/a Tax Parcel no.
88-5343-00-43-1337) and lands now or late of the Commonwealth of
Pennsylvania Parks Department (a/k/a Tax Parcel no. 88-5352-00-
57-9606) in the bed of Geigertown Road; thence from the point of
beginning, along said lands of the Commonwealth of Pennsylvania
Parks Department, the following three (3) courses and distances:
(1) leaving the bed of said road, passing over a rebar (found)
at a distance of 18.41 feet, North 70 degrees 00 minutes 21
seconds West 594.00 feet to a rebar (found); (2) North 33
degrees 44 minutes 39 seconds East 404.26 feet to a capped rebar
(found); (3) also along lands now or late of Thomas M. and
Christine L. Gatz, North 65 degrees 30 minutes 21 seconds West
1,124.15 feet to a point on line of the aforesaid lands of the
Commonwealth of Pennsylvania Parks Department; thence along said
lands of the Commonwealth of Pennsylvania Parks Department,
North 07 degrees 10 minutes 46 seconds East 182.02 feet to a
capped rebar (set), a corner of lands now or late of William J.,
Jr. and Felicia A. O'Neil; thence along said lands of O'Neil and
along the aforesaid lands of the Commonwealth of Pennsylvania
Parks Department, South 65 degrees 30 minutes 21 seconds East
1,783.87 feet to a capped rebar (set); thence continuing along
said lands of the Commonwealth of Pennsylvania Parks Department,
the following two (2) courses and distances: (1) South 30
degrees 59 minutes 39 seconds West 174.90 feet to a capped rebar
(found); (2) passing over a rebar (found) 112.22 feet from the
southwesterly terminus of this course, South 33 degrees 55
minutes 46 seconds West 357.22 feet to the point of beginning;
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and ENCOMPASSING 12.016 acres of land, be the same, more or
less.
(e) Easements and encumbrances.--The conveyances described
in this section shall be made concurrently and under and subject
to all lawful and enforceable easements, servitudes and rights
of others, including, but not confined to, streets, roadways and
rights of any telephone, telegraph, water, electric, gas or
pipeline companies, as well as under and subject to any lawful
and enforceable estates or tenancies vested in third persons
appearing of record, for any portion of the land or improvements
erected thereon.
(f) Deed.--The deed to the Commonwealth, for the conveyance
of the property as described in subsection (d), shall be by
special warranty deed.
(g) Costs and fees.--All costs and fees incidental to the
conveyances contained in this section shall be borne by their
respective parties.
Section 2. Effective date.
This act shall take effect immediately.
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