Section 6. Release of restrictions in York County.
(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 the restrictions imposed by section 20 of the Project 70 Land Acquisition and Borrowing Act from the land owned by the City of York, York County, more particularly described under subsection (c), in exchange for the imposition of the section 20 restrictions on lands owned by the Housing Authority of the City of York being conveyed to the City of York and more particularly described in subsection (d).
(b) Freedom of restrictions.--The land described in subsection (c), owned by the City of York, shall be free of the restrictions on use and alienation imposed by section 20 of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act, upon the imposition of and recording of the Project 70 deed restrictions set forth under subsection (e) on the parcel of replacement land owned by the Housing Authority of the City of York, and being conveyed to the City of York, described under subsection (d).
(c) Land to be free from restrictions.--The parcel of land authorized to be released from restrictions is located in the City of York, York County, and more particularly described as follows:
BEGINNING at a point 110 feet south from where the south right-of-way line of West Princess Street intersects with the west right-of-way line of South Newberry Street; THENCE, South 22 degrees 22 minutes 10 seconds East along the west right-of-way line of South Newberry Street for a distance of 377.80 feet to a point where said line intersects with the north right-of-way line of West College Avenue; THENCE, South 67 degrees 34 minutes 00 seconds West along the north right-of-way line of West College Avenue for a distance of 140.00 feet to a point where said line intersects with the east property line of property owned now or formerly by Kenneth R. and Shirley A. Thoman; THENCE, North 22 degrees 22 minutes 10 seconds West along said property line of Kenneth R. and Shirley A. Thoman and projected across a 12 foot wide unnamed public alley for a total distance of 132.05 feet to a point where said line intersects with the North right-of-way line of the aforementioned 12 foot wide unnamed public alley; THENCE, South 67 degrees 41 minutes 00 seconds West along the north right-of-way line of said alley for a distance of 200.12 feet to a point where said line intersects with the West right-of-way line of Stone Alley; THENCE, South. 22 degrees 23 minutes 00 seconds East along the west right-of-way line of Stone Alley for a distance of 132.44 feet to a point where said line intersects with the north right-of-way line of West College Avenue; THENCE, South 67 degrees 34 minutes 00 seconds West along the north right-of-way line of West College Avenue for a distance of 194.32 feet to a point where said line intersects with the east right-of-way line of Brooklyn Alley, a 20 foot wide public alley; THENCE, North 21 degrees 44 minutes 50 seconds West along the east right-of-way line of Brooklyn Alley for a total distance of 338.35 feet to a point where said line intersects with the South right-of-way line of a 12 foot wide unnamed public alley; THENCE, North 22 degrees 19 minutes 00 seconds West across said 12 foot wide unnamed public alley for a distance of 12.00 feet to a point where said line intersects the North right-of-way line of aforementioned 12 foot unnamed public alley and the South property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson; THENCE, South 67 degrees 41 minutes 00 seconds West along the North right-of-way line of aforementioned 12 foot wide unnamed public alley the South property line of 364 West Princess Street for a distance of 8.67 feet to a point where said line intersects with the east right-of-way line of Brooklyn Alley and the west property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson; THENCE, North 22 degrees 19 minutes 00 seconds West along the east right-of-way line of Brooklyn Alley and the west property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson, for a distance of. 48.54 feet to a point, said point being 90 feet south of the south right-of-way line of West Princess Street; THENCE, North 67 degrees 41 minutes 00 seconds East across 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson, for a distance of 22.76 feet to a point on the east property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson, and the west property line of 362 West Princess Street, said point being 90 feet south of the south right-of-way line of West Princess Street, THENCE, South 22 degrees 32 minutes 00 seconds East along, the east property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson, for a distance of 20.00 feet to a point on the east property line of 364 West Princess Street, owned now or formerly by Oscar W. and Marie M. Hudson, said point being 110 feet south of the south right-of-way line of West Princess Street; THENCE, North 67 degrees 41 minutes 00 seconds East along a line projected across 362 West Princess Street and 358 West Princess Street for a distance of 44.07 feet to a point where said line intersects with the west property line of 356 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church, said point being 110 feet south of the south right-of-way line of West Princess Street; THENCE, South 21 degrees 49 minutes 40 seconds East along the west property line of 356 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church, for a distance of 28.54 feet to a point where said line intersects with the south property line of 356 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church, and the north right-of-way line of a 12 foot unnamed public alley; THENCE, North 67 degrees 41 minutes 00 seconds East along said south property line of 356 West Princess Street and 350 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church, and the north right-of-way line of the 12 foot unnamed public alley for a distance of 76.96 feet to a point where said line intersects with east property line of 350 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church; THENCE, North 21 degrees 59 minutes 40 seconds West along the east property line of 350 West Princess Street, owned now or formerly by the New Bethel A.M.E. Church, for a distance of 28.54 feet to a point, said point being 110 feet south of the south right-of-way line of West Princess Street; THENCE, North 67 degrees 41 minutes 00 seconds East along a line projected 110 feet south of the south right-of-way line of West Princess Street and along and across properties from 346 West Princess Street through 320 West Princess Street, across a 9 foot unnamed public alley, and along and across properties from 316 West Princess Street through 300 West Princess Street for a distance of 395.74 feet to a point in the west right-of-way line of South Newberry Street, said point being the point of BEGINNING.
Containing approximately 3.982 acres.
A majority of this property shall continue to be protected by conservation easements as set forth under subsection (e) of this act.
(d) Land on which restrictions are to be imposed.--The replacement parcel to be subject to restrictions in exchange for the parcel described under subsection (c) is located in the City of York, York County, and more particularly described as follows:
ALL that certain tract of land situate in the Ninth (9th) Ward of the City of York, Pennsylvania, within an area more particularly bounded and described as follows:
BEGINNING at a point on the east side of South Penn Street, a fifty and zero hundredths foot (50.00 Ft.) in width street, at lands now or formerly belonging to the Housing Authority of the City of York, said point being two-hundred forty and sixty hundredths feet (240.60 Ft.) southwardly from the southeast corner of the intersection of said South Penn Street and West Church Avenue, a twenty and zero hundredths feet (20.00 Ft.) in width public avenue;
THENCE, through property now or formerly belonging to the Housing Authority of the City of York, the following bearings and measurements:
1. On a curve to the left, having a radius of two-hundred seventy-nine and forty-one hundredths feet (279.41 Ft.), an arc length of one-hundred twenty-six and thirty-seven hundredths feet (126.37 Ft.), a chord bearing of North eighty degrees, twenty-four minutes, and forty-six seconds East (N 80 degrees 24 minutes 41 seconds E), and a chord distance of one-hundred twenty-five and thirty hundredths feet (125.30 Ft.) to a point of tangency,
2. North sixty-seven degrees, thirty-three minutes, and ten seconds East (N 67 degrees 33 minutes 10 seconds E), three and ninety-eight hundredths feet (3.98 Ft.) to a point on a curve,
3. On a curve to the left, having a radius of two-hundred twenty-seven and twenty-seven hundredths feet (227.27 Ft.), an arc length of thirty-one and ninety-three hundredths feet (31.93 Ft.), a chord bearing of North sixty-three degrees, twenty minutes, and eleven seconds East (N 63 degrees 20 minutes 11 seconds E), and a chord distance of thirty-one and ninety hundredths feet (31.90 Ft.) to a point of tangency
4. North fifty-seven degrees, thirty-four minutes, and ten seconds East (N 57 degrees 34 minutes 10 seconds E), twenty-seven and fifty-eighty hundredths feet (27.58 Ft.) to a point,
5. North forty-seven degrees, ten minutes, and twenty seconds East (N 47 degrees 10 minutes 20 seconds E), sixty-eight and eighty-six hundredths feet (68.86 Ft.) to a point,
6. North thirty-seven degrees, forty-seven minutes, and fifty seconds East (N 37 degrees 47 minutes 50 seconds E), seventeen and eighty-six hundredths feet (17.86 Ft.) to a point,
7. North twenty-six degrees, forty-five minutes, and fifty seconds East (N 26 degrees 45 minutes 50 seconds E), sixty-nine and ninety hundredths feet (69.90 Ft.) to a point,
8. North eighteen degrees, forty-one minutes, and zero seconds East (N 18 degrees 41 minutes 00 seconds E), eighty-three and seventy-nine hundredths feet (83.79 Ft.) to a point,
9. North sixteen degrees, twenty-seven minutes, and twenty seconds East (N 16 degrees 27 minutes 20 seconds E), thirty-three and sixty-nine hundredths feet (33.69 Ft.) to a point,
10. North eight degrees, nineteen minutes, and zero seconds East (N 08 degrees 19 minutes 00 E), thirty-five and fifty-four hundredths feet (35.54 Ft.) to a point,
11. North seven degrees, six minutes, and zero seconds East (N 07 degrees 06 minutes 00 seconds E), sixty-eight and seventy-two hundredths feet (68.72 Ft.) to a point on the southern side of West Church Avenue;
THENCE, along the southern side of West Church Avenue, North sixty-seven degrees, fifty-six minutes, and twenty seconds East (N 67 degrees 56 minutes 20 seconds E), two-hundred and eighty-three hundredths feet (200.83 Ft.) to a point at the top of the left bank (north side) of Codorus Creek;
THENCE, running along the top left bank (north side) of Codorus Creek the following courses and distances:
1. South three degrees, fourteen minutes, and ten seconds West (S 03 degrees 14 minutes 10 seconds W), sixty-eight and sixty-four hundredths feet (68.64 Ft) to a point,
2. South seven degrees, six minutes, and zero seconds West (S 07 degrees 06 minutes 00 seconds West), one-hundred and zero hundredths feet (100.00 Ft.) to a point,
3. South eight degrees, nineteen minutes, and zero seconds West (S 08 degrees 19 minutes 00 seconds W), fifty and twenty-six hundredths feet (50.26 Ft.) to a point.
4. South sixteen degrees, twenty-seven minutes, and twenty seconds West (S 16 degrees 27 minutes 20 seconds W), fifty and zero hundredths feet (50.00 Ft.) to a point.
5. South eighteen degrees, forty-one minutes, and zero seconds West (S 18 degrees 41 minutes 00 seconds W), one-hundred and zero hundredths feet (100.0 Ft.) to a point,
6. South twenty-six degrees, forty-five minutes, and fifty seconds West (S 26 degrees 45 minutes 50 seconds W), one-hundred and zero hundredths feet (100.00 Ft.) to a point.
7. South thirty-seven degrees, forty-seven minutes, and fifty seconds West (S 37 degrees 47 minutes 50 seconds W), fifty and zero hundredths feet (50.00 Ft.) to a point,
8. South forty-seven degrees, ten minutes, and twenty seconds West (S 47 degrees 10 minutes 20 seconds W), one-hundred and zero hundredths feet (100.00 Ft.) to a point,
9. South fifty-seven degrees, thirty-four, and ten seconds West (S 57 degrees 34 minutes 10 seconds W), fifty and zero hundredths feet (50.00 Ft.) to a point on a curve,
10. On a curve to the right, having a radius of four-hundred seven and twenty-seven hundredths feet (407.27 Ft.), an arc length of fifty-seven and twenty-six hundredths feet (57.26 Ft.), a chord bearing of South sixty-three degrees, thirty-one minutes, and thirty seconds West (S 63 degrees 31 minutes 30 seconds W), and a chord distance of fifty-seven and twenty hundredths feet (57.20 Ft.) to a point of tangency,
11. South sixty-seven degrees, thirty-three minutes, and ten seconds West (S 67 degrees 33 minutes 30 seconds W), four and forty-four hundredths feet (4.44 Ft.) to a point on a curve,
12. On a curve to the right, having a radius of four-hundred fifty-nine and forty-one hundredths feet (459.41 Ft.), an arc length of one-hundred twenty-five and seventy-one hundredths feet (125.71 Ft,), a chord bearing of South seventy-five degrees, twenty-three minutes, and twenty seconds West (S 75 degrees 20 seconds W), and a chord distance of one-hundred twenty-five and thirty-two hundredths feet (125.32 Ft.) to a point on the east side of South Penn Street;
THENCE, Along the east side of said South Penn Street, North twenty-one degrees, forty-two minutes, and forty seconds West (N 21 degrees 42 minutes 40 seconds W), one-hundred ninety and eighty-one hundredths feet (190.81 Ft.) to a point, the place of BEGINNING. Containing:Q 128,176.7679 square feet, or 2.9425 acres more or less.
(e) Description of deed restriction.--The deed restriction to be transferred to the parcel described under subsection (d) shall read as follows:
This indenture is given to provide land for recreation, conservation and historical purposes as said purposes are defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act.
(f) Conditions.--Any transfer of Project 70 restrictions authorized under subsection (a) shall be made under and subject to the condition that the housing authority of the City of York, or designee, shall obtain all Federal, State and local approvals and financing commitments necessary to construct a multifamily housing complex on the property described in subsection (c). In the event the housing authority of the City of York does not obtain the necessary approvals by December 31, 2011, the authorization contained in subsection (a) shall become null and void and the restriction described in subsection (e) shall be removed from the land described in subsection (d) and placed on the land described in subsection (c) as existed prior to the effective date of this section.