Act 16 of 2009, § 3: City of Wilkes…

Section 3. City of Wilkes-Barre, Luzerne County.

(a) Authorization.--The provisions 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, authorizes the General Assembly to release land from Project 70 Use Restrictions, including, but not limited to, three parcels within a 33+/-acres tract of land now owned by the City of Wilkes-Barre and more fully described in Luzerne County Deed Book 1707 page 703 et seq. commonly known and designated as the Coal Street Park.

(b) Release from Project 70 use restrictions.--For and in consideration of the submission and substitution of other adjacent lands of the City of Wilkes-Barre to the Project 70 use restrictions in place thereof, said land being more particularly described in subsection (e) (replacement lands), the General Assembly hereby releases and forever discharges, from the date of this action, all those certain tracts of land presently owned by the City of Wilkes-Barre, which are more particularly described in subsection (d) (released lands). The replacement lands have a fair market value which is equal to or greater than the fair market value of the released lands, all as determined by an independent certified appraisal.

(c) Submission.--For and in consideration of the release of the released lands, the City of Wilkes-Barre hereby submits the replacement lands to the same restrictions previously imposed upon the released lands, said Project 70 use restrictions to be placed of record in the Office of the Recorder of Deeds in and for Luzerne County within 30 days following adoption of this act.

(d) Lands to be released from restrictions.--The lands to be released from Project 70 restrictions are situated in the City of Wilkes-Barre, Luzerne County, and more particularly described as follows:

PARCEL ONE

All that certain piece or parcel of land situate in the City of Wilkes-Barre, County of Luzerne and Commonwealth of Pennsylvania bounded and described as follows, to wit:

Beginning at a point in lands of the City of Wilkes-Barre (DB 1707 PG 703) from which the southwesterly corner of said lands at the intersection of the northerly right-of-way line of Sherman Street with the easterly right-of-way line of Coal Street bears south 41º 42' 34" west distant four hundred ninety-two and ninety-nine hundredths (492.99') feet as shown on a plan titled "Coal Street Park Land Development Plan - Building Lease Plan" dated January 7, 2009 and prepared by Acker Associates, Inc.;

Thence through said lands of the City of Wilkes-Barre (grantor, herein) the following thirty-six (36) courses and distances:

1. North 12º 47' 38" east one hundred twenty-four (124.00") feet to a point,

2. South 77º 19' 18" east eighteen and sixty-two hundredths (18.62') feet to a point,

3. North 12º 40' 42" east thirty-two and eighty-seven hundredths (32.87') feet to a point,

4. South 77º 19' 18" east nineteen and eighty-five hundredths (19.85') feet to a point,

5. North 12º 36' 30" east thirty-nine and forty-four hundredths (39.44') feet to a point,

6. South 77º 35' 21" east nineteen and eighty-two hundredths (19.82') feet to a point,

7. North 13º 04' 23" east nineteen and eighty-five hundredths (19.85') feet to a point,

8. South 77º 33' 32" east nineteen and seventy-nine hundredths (19.79') feet to a point,

9. North 13º 26' 14" east nineteen and ninety-six hundredths (19.96') feet to a point,

10. South 77º 32' 32" east forty and six hundredths (40.06') feet to a point,

11. North 12º 40' 42" east twenty and fifty-six hundredths (20.56') feet to a point,

12. South 77º 19' 18" east two hundred forty-two (242.00') feet to a point,

13. South 12º 40' 42" west twenty-six and twenty-five hundredths (26.25') feet to a point,

14. South 77º 19' 18" wast thirty-one and sixty-six hundredths (31.66') feet to a point,

15. South 12º 40' 42" west sixty-one and thirty-three hundredths (61.33') feet to a point,

16. North 77º 19' 18" west thirty-one and sixty-eight hundredths (31.68') feet to a point,

17. South 20º 33' 04" west forty-seven and twenty-five hundredths (47.25') feet to a point,

18. North 77º 19' 18" west two hundred nineteen and five tenths (219.50') feet to a point,

19. South 12º 40' 42" west two and twenty-seven hundredths (2.27') feet to a point,

20. North 77º 19' 18" west twenty-five hundredths (0.25') feet to a point,

21. South 20º 40' 42" west sixteen and sixty-seven hundredths (16.67') feet to a point,

22. South 77º 19' 18" east twenty-five hundredths (0.25') feet to a point,

23. South 20º 40' 42" west five and twenty-three hundredths (5.23') feet to a point,

24. South 77º 19' 18" east twenty-eight and sixty-seven hundredths (28.67') feet to a point,

25. South 20º 40' 42" west twenty-six hundredths (0.26') feet to a point,

26. South 77º 19' 18" east twenty-nine and seventy-four hundredths (29.74') feet to a point,

27. South 20º 40' 42" west sixty-three and seventy-four hundredths (63.74') feet to a point,

28. South 77º 19' 18" east twenty-six hundredths (0.26') feet to a point,

29. South 12º 40' 42" west thirty-four (34.00') feet to a point,

30. North 77º 19' 18" west thirty-eight and thirty-three hundredths (38.33') feet to a point,

31. South 12º 40' 42" west twelve (12.00') feet to a point,

32. North 77º 19' 18" west twenty-seven and thirty-three hundredths (27.33') feet to a point,

33. North 12º 40' 42" east twelve (12.00') feet to a point,

34. North 77º 19' 18" west seven and sixty-seven hundredths (7.67') feet to a point,

35. North 12º 40' 42" east twenty-six hundredths (0.26') feet to a point, and

36. North 77º 26' 22" west one hundred twenty-six and sixty-seven hundredths (126.67') feet to the point of beginning.

Containing 66,524 square feet of land being the same, more or less.

Being-part of the same premises conveyed by the Hollenback Coal and Land Company to the City of Wilkes-Barre by deed dated November 18, 1970 and recorded in Luzerne County Deed Book 1707 page 703.

Said property is located within the property identification number of H10SW4-004-025.

The aforesaid premise being generally referred to as a portion of "Coal Street Park" that contains an existing ice rink arena whose dimensions are 38,000 square feet with a proposed 25,000 square feet of new construction.

PARCEL TWO

Beginning at a point in the northeasterly side of Coal Street, said point being North 32º 35' 00" east a distance of 25.28' from a stone monument at an angle point of Coal Street near Grant Street and S 46º 00' 00" east a distance of 542.00 feet along the northeasterly side of Coal Street being 50 wide to a point along the northerly right-of-way line of North Sherman Street and N 41º 42' 34" east a distance 397.34' and S 77º 12' 22" east a distance of 45.61' to the place of beginning.

Thence through lands of the City of Wilkes-Barre through the same, north 12º 47' 38" east a distance of 72.00' to a point,

Thence through the same, south 77º 12' 22" east a distance of 135.00' to a point,

Thence through the same, south 12º 47' 38" west a distance of 72.00' to a point,

Thence through the same, north 77º 12' 22" west a distance of 135.00 to a point, the place of beginning.

Containing 9,720 square feet of land being the same, more or less.

Being a Parking Lease Area inside lands of The City of Wilkes-Barre.

Being part of the same premises conveyed by the Hollenback Coal and Land Company to The City of Wilkes-Barre by deed dated November 18, 1970 and recorded in Luzerne County Deed Book 1707 page 703.

Said property is located within the Property Identification Number of H10SW4-004-025.

The aforesaid premise being generally referred to as a portion of Coal Street Park that is for a proposed 9,720 square feet of new parking space to service tenants of Parcel One.

PARCEL THREE

All that certain pieces or parcels of land situated in the City of Wilkes-Barre, County of Luzerne and State of Pennsylvania, more particularly bounded and described as follows:

Beginning at a point in the northeasterly side of Coal Street, said point being north 32º 35' 00" east a distance of 25.28' from a stone monument at an angle point of Coal Street near Grant Street, said point also being in the southwesterly line of lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703:

Thence along lands now or formerly of The City of Wilkes-Barre, north 62º 59' 00" west a distance of 31.72' to a point;

Thence along the same, north 29º 19' 00" West a distance of 550.42' to a point at the southeasterly corner of lands now or formerly of Con Ed Realty Company, said point also being the southwesterly corner of lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703:

Thence along other lands now or formerly of Con Ed Realty Company, north 60º 46' 00" East a distance of 9.42' to a point;

Thence through lands now or formerly of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703, South 29º 20' 56" east a distance of 375.13' to a point;

Thence through the same, a distance of 87.20' measured along the arc of a curve to the left having a radius of 300.58', a chord bearing of south 37º 39' 38" east a distance of 86.90' to a point;

Thence through the same, south 45º 58' 20" east a distance of 631.16' to a point;

Thence through the same, south 63º 59' 31" east a distance of 37.12' to a point along the northwesterly right-of-way line of North Sherman Street;

Thence along the northwesterly right-of-way line of North Sherman Street, south 61º 03' 00" west a distance of 51.08' to a point along the northeasterly right-of-way line of Coal Street;

Thence along the northeasterly right-of-way line of Coal Street, north 46º 00' 00" eest a distance of 542.00 to a point, the place of beginning.

Containing an area of 29,608.24 Square Feet or 0.68 acres of land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703.

Said property is located within the property identification number of H10SW4-004-025.

Also being all of a 0.68 acre parcel shown as lands to be conveyed to the City of Wilkes-Barre for Coal Street right-of-way as shown on Plan No. V-0801 dated 02-16-09 as prepared by Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard Suite 409, Wilkes-Barre, Pa. 18702.

The City of Wilkes-Barre with the cooperation of Pennsylvania Department of Transportation has proposed the construction of a new roadway within the above described premises.

The City of Wilkes-Barre will replace the parcel through a land exchange.

(e) Replacement lands.--

PARCEL ONE

All that certain pieces or parcels of land situated in the City of Wilkes-Barre, County of Luzerne and State of Pennsylvania, more particularly bounded and described as follows:

Commencing at a point in the northeasterly side of Coal Street, said point being north 32º 35' 00" east a distance of 25.28' from a stone monument at an angle point of Coal Street near Grant Street and S 46º 00' 00" east a distance of 542.00 feet along the northeasterly side of Coal Street being 50' wide, and north 61º 03' 00" east a distance of 51.08' to a point along the northerly right-of-way line of North Sherman Street, thence through lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703, north 63º 59' 31" west a distance of 37.12' to a point, thence through the same, north 45º 58' 20" west a distance of 631.16' to a point thence through the same, a distance of 87.20' measured along the arc of a curve to the right having a radius of 300.58', a chord bearing of north 37º 39' 38" west and a chord distance of 86.90' to a point, thence through the same, north 29º 20' 56" west a distance of 375.13' to a point in line of lands now or formerly of Con Ed Realty Company and along lands now or formerly of Con Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM Properties, LLC, ANM Properties, Inc. and The City of Wilkes-Barre, north 60º 46' 00" east a distance of 1166.69' to a point at the northwesterly corner of other lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1883 at page 883 and the place of beginning;

Thence along other lands now or formerly of the City of Wilkes-Barre, north 60º 46' 00" east a distance of 156.91' to a point;

Thence along other lands now or formerly of the City of Wilkes-Barre, south 46º 18' 00" east a distance of 222.92' to a point;

Thence along the same, south 42º 17' 30" west a distance of 60.80' to a point;

Thence along the same, south 47º 43' 30" east a distance of 405.67' to a point along the westerly right-of-way line of Stevens Street;

Thence along the westerly right-of-way line of Stevens Street, South 23º 43' 43" east a distance of 258.71 to a point in line of Lands now or formerly of the City of Wilkes-Barre as described in Luzerne County deed Book 1707 at page 703;

Thence along the dividing line of Lands now or formerly of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at page 703, and other Lands now or formerly of the City of Wilkes-Barre as described in Luzerne County Deed Book 1883 at page 883 north 46º 18' 00" west a distance of 914.90 to a point, the place of beginning;

Containing an area of 87,157.35 Square Feet or 2.00 acres of land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1883 at page 883.

Said property is located within the property identification number of H10-000-14D.

Also being all of a 2.00 acre parcel shown as the northeasterly replacement area to be consolidated with lands of the City of Wilkes-Barre as shown on Plan No. V-0801 dated 02-16-09 as prepared by Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

Parcel Two

All that certain pieces or parcels of land situated in the City of Wilkes-Barre, County of Luzerne and State of Pennsylvania, more particularly bounded and described as follows:

Thence along the southwesterly right-of-way line of Stevens Street, south 55º 05' 43" East a distance of 500.53' more or less to a point along the northerly right-of way line of North Sherman Street;

Thence along the northerly right-of-way line of North Sherman Street, south 43º 42' 00" west a distance of 76.53' more or less to a point;

Thence along the dividing line of the City of Wilkes-Barre as described in Luzerne County Deed Book 1883 at page 883, and of the City of Wilkes-Barre as described in Luzerne County Deed Book 1707 at Page 703, north 46º 18' 00" west a distance of 494.64' to a point, the place of beginning.

Containing an area of 18,928 Square Feet or 0.43 acres of land, more or less.

Being a portion of Lands of the City of Wilkes-Barre as described in Luzerne County Deed Book 1883 at page 883.

Said property is located within the property identification number of H10-000-14D.

Also being all of a 0.43 acre parcel shown as the southeasterly replacement area to be consolidated with lands of the City of Wilkes-Barre as shown on Plan No. V-0801 dated 02-16-09 as prepared by Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702.

(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.