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DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

Transfer of State Park Land to the Turnpike Commission; Funding for the Acquisition of Land by the Pennsylvania Turnpike Commission for Lands to be Acquired by the Department of Conservation and Natural Resources to be Encumbered with Certain Statutory Restrictions

[48 Pa.B. 2827]
[Saturday, May 12, 2018]

Part A: Transfer of State park land to the Turnpike Commission (Commission).

 The Commission has begun a Total Reconstruction and Widening project (highway project) from milepost 308 to 312, located through and adjacent to Marsh Creek State Park, Upper Uwchlan Township, Chester County. This project falls within the Commission's main line (I-76). By and through its authority under 74 Pa.C.S. § 8110 (relating to procedural requirements of acquisition), the Commission is proposing to permanently take 4.302 acres of State park land needed to reconstruct the highway.

 The lands now comprising Marsh Creek State Park were acquired from funding by and through the Project 70 Land Acquisition and Borrowing Act (Project 70 Act) (72 P.S. §§ 3946.1—3946.22). In addition, a portion of these lands are also encumbered, in part, by the National Park Service's Land and Water Conservation Fund (LWCF) program. In accordance with the restrictions and requirements set forth in the LWCF, 54 U.S.C.A. § 200305(f)(3), the Commission is required to provide replacement lands that exceed both the acreage and appraised value of the land being taken.

 The Commission is working to fulfill the requirements for the land transfer as required by the Department of Conservation and Natural Resource (Department), the LWCF administrator and the Project 70 Act. In accordance with the Commission's statutory authority, and with the approval by the Secretary of the National Park Service for the LWCF conversion, and express authorization from the General Assembly to dispose of the State park land currently encumbered by Project 70 Act restrictions, the Department is proposing to grant to the Commission, free of all encumbrances, a permanent right of way (ROW) acquisition of 4.302 acres of State park land as more fully described as follows.

 1) 4.302 acres of State park land for use as a permanent ROW with the Commission. These permanent ROWs to be conveyed from the Department to the Commission exist as three separate areas—all adjacent to the highway project lands. a) Area 1 (South, Parcel 1)—1.863 acres ROW for Limited Access; b) Area 2 (South, Parcel 2)—1.176 acres ROW for Limited Access, 0.075 acre Drainage Easement and 0.002 Temporary Construction Easement; and c) Area 3 (North, Parcel 3)—1.186 acres ROW for Limited Access:

 All those certain tracts or parcels of land situate in Upper Uwchlan Townships, Chester County, being bounded and described according to Commission Plan No. RW 6018-C, WBS No. T-308.00T001-4-10, dated April 20, 2018, MP T308.12 to T308.52, and as follows to wit:

 a) Area 1—1.863 acres—required ROW for limited access

 Beginning at a point on the southerly legal ROW line for limited access of the grantee and the westerly legal ROW line of Styer Road (T-457), said point being located 100.00 feet right of and opposite Survey and ROW Baseline Station 754+71±;

 Thence through lands of the grantor and along the westerly legal line of Styer Road (T-457), South 39°45`56" West, 60.26 feet to a point being located 160.00 feet, right of and opposite Survey and ROW Baseline Station 754+77±;

 Thence through land of the grantor and along the required ROW line for limited access the following three courses and distances:

 1. North 44°56`27" West, 599.92 feet to a point being located 160.00 feet, right of and opposite Survey and ROW Baseline Station 748+77.00;

 2. North 46°49`41" West, 607.33 feet to a point being located 180.00 feet, right of and opposite Survey and ROW Baseline Station 742+70.00;

 3. North 44°56`27" West, 28.61 feet to a point on the line now or formerly of the Commission, said point being located 180.00 feet right of and opposite Survey and ROW Baseline Station 742+41±;

 Thence along land now or formerly of the Commission the following two courses and distances:

 1. North 50°21`47" East, 14.32 feet to a point being located 166 feet, more or less, right of and opposite Survey and ROW Baseline Station 742+43±;

 2. North 28°26`03" East, 68.60 feet to a point on the southerly legal ROW line for limited access of the grantee, said point being located 100.00 feet, more or less, right of and opposite Survey and ROW Baseline Station 742+23±;

 Thence along the southerly legal ROW line for limited access of the grantee, South 44°56`27" East, 1248.27 feet to the point of beginning.

 Containing 1.863 acres.

 Area 1 includes 0.031 acre of ROW reserved by Laurel/Buckeye and Sunoco Pipeline and 0.056 acre of ROW reserved by Texas Eastern Transmission Corporation and 0.042 acre of legal channel easement.

 b) Area 2—1.176 acres—required ROW for limited access, 0.075 acre drainage easement, and 0.002 temporary construction easement

 Beginning at a point on the southerly legal ROW line for limited access of the grantee and the easterly legal ROW line of Styer Road (T-457), said point being located 102.02 feet right of and opposite Survey and ROW Baseline Station 755+05±;

 Thence along the southerly legal ROW line for limited access of the grantee the following four courses and distances:

 1. South 33°37`26" East, 40.66 feet to a point being located 110.00 feet, right of and opposite Survey and ROW Baseline Station 755+45±;

 2. South 44°56`27" East, 799.40 feet to a point being located 110.00 feet, right of and opposite Survey and ROW Baseline Station 763+44±;

 3. South 56°15`27" East, 50.96 feet to a point being located 100.00 feet, right of and opposite Survey and ROW Baseline Station 763+94±;

 4. South 44°56`27" East, 52.89 feet to a point on the line now or formerly of Robin W. and Judy A. Reid, said point being located 100.00 feet right of and opposite Survey and ROW Baseline Station 764+47±;

 Thence along land now of formerly of Robin W. and Judy A. Reid, South 14°05`18" West, 29.24 feet to a point being located 125 feet, more or less, right of and opposite Survey and ROW Baseline Station 764+62±;

 Thence through land of the grantor and along the required ROW line for limited access the following six courses and distances:

 1. North 75°54`42" West, 87.31 feet to a point being located 170.00 feet, right of and opposite Survey and ROW Baseline Station 763+87.00;

 2. North 44°56`27" West, 127.00 feet to a point being located 170.00 feet, right of and opposite Survey and ROW Baseline Station 762+60.00;

 3. North 45°03`33" East, 10.00 feet to a point being located 160.00 feet, right of and opposite Survey and ROW Baseline Station 762+60.00;

 4. North 44°56`27" West, 295.00 feet to a point being located 160.00 feet, right of and opposite Survey and ROW Baseline Station 759+65.00;

 5. South 45°03`33" West, 5.00 feet to a point being located 165.00 feet, right of and opposite Survey and ROW Baseline Station 759+65.00;

 6. North 44°56`27" West, 454.48 feet to a point on the easterly legal ROW line of Styer Road (T-457), said point being located 165.00 feet, right of and opposite Survey and ROW Baseline Station 753+11±;

 Thence along the easterly legal ROW line of Styer Road (T-457), North 39°45`56" East, 63.25 feet to the point of beginning.

 Containing 1.176 acres.

 Area 2 includes 0.614 acre of ROW reserved by Laurel/Buckeye and Sunoco Pipeline and 0.039 acre of ROW reserved by Texas Eastern Transmission Corporation and 0.018 acre of ROW reserved by Aqua Water.

Required Drainage Easement—0.075 acre

 Beginning at a point on the required ROW line for limited access, said point being located 160.00 feet, right of and opposite Survey and ROW Baseline Station 759+65.00;

 Thence along the required ROW line for limited access, South 44°56`27" East, 65.00 feet to a point being located 160 feet, right of and opposite Survey and ROW Baseline Station 760+30;

 Thence through land of the grantor the following three courses and distances:

 1. South 45°03`33" West, 50.00 feet to a point being located 210 feet, right of and opposite Survey and ROW Baseline Station 760+30;

 2. North 44°56`27" West, 65.00 feet to a point being located 210 feet, right of and opposite Survey and ROW Baseline Station 759+65;

 3. North 45°03`33" East, 50.00 feet to the point of beginning.

 Containing 0.075 acre.

 The previous required drainage easement includes 0.050 acre of ROW reserved by Laurel/Buckeye and Sunoco Pipeline.

Temporary Construction Easement—0.002 acre

 Beginning at a point on the required ROW line for limited access, said point being located 160 feet, right of and opposite Survey and ROW Baseline Station 761+92;

 Thence along the required ROW line for limited access, South 44°56`27" East, 10.00 feet to a point being located 160 feet, right of and opposite Survey and ROW Baseline Station 762+02;

 Thence through land of the grantor the following three courses and distances:

 1. South 45°03`33" West, 10.00 feet to a point being located 170 feet, right of and opposite Survey and ROW Baseline Station 762+02;

 2. North 44°56`27" West, 10.00 feet to a point being located 170 feet, right of and opposite Survey and ROW Baseline Station 761+92;

 3. North 45°03`33" East, 10.00 feet to the point of beginning.

 Containing 0.002 acre.

 The previous temporary construction easement includes 0.002 acre of ROW reserved by Laurel/Buckeye and Sunoco Pipeline.

 c) Area 3—1.186 acres—required ROW for limited access

 Beginning at a point on the northerly legal ROW line for limited access of the grantee and the easterly legal ROW line of Styer Road (T-457), said point being located 100 feet, more or less, left of and opposite Survey and ROW Baseline Station 754+91±;

 Thence along the easterly legal ROW line of Styer Road (T-457), by a curve to the right, having a radius of 533.50 feet, an arc length of 43.86 feet, and a chord bearing of North 45°50`56" East, a chord distance of 43.84 feet to a point being located 144 feet, more or less, left of and opposite Survey and ROW Baseline Station 754+92±;

 Thence along the required ROW line for limited access and land now or formerly of John S. and Patricia M. Cassel the following three courses and distances:

 1. South 60°22`50" East, 57.19 feet to a point being located 159 feet, more or less, left of and opposite Survey and ROW Baseline Station 755+47±;

 2. North 80°07`06" East, 109.81 feet to a point being located 249 feet, more or less, left of and opposite Survey and ROW Baseline Station 756+10±;

 3. South 41°47`17" East, 201.29 feet to a point being located 238 feet, more or less, left of and opposite Survey and ROW Baseline Station 758+11±;

 Thence along the required ROW line for limited access, land now or formerly of John S. and Patricia M. Cassel, land now or formerly of William M. and Kathleen A. Kalkbrenner, and land now or formerly of Nelson L. and Kimberly D. Lucas-Murphy, South 16°06`07" East, 265.12 feet to a point on the northerly legal ROW line of the grantee, said point being located 110 feet, more or less, left of and opposite Survey and ROW Baseline Station 760+43±;

 Thence along the northerly legal ROW line for limited access of the grantee the following three courses and distances:

 1. North 44°56`27" West, 348.56 feet to a point being located 110.00 feet, left of and opposite Survey and ROW Baseline Station 756+94±;

 2. North 56°15`27" West, 50.96 feet to a point being located 100.00 feet, left of and opposite Survey and ROW Baseline Station 756+44±;

 3. North 44°56`27" West, 153.50 feet to the point of beginning.

 Containing 1.186 acres.

 Area 3 includes 0.273 acre of ROW reserved by Texas Eastern Transmission Corporation and 0.007 acre of ROW reserved by Aqua Water.

 Being portions of the same properties Chester County Water Resources Authority, by its deed dated November 7, 1969, and recorded November 7, 1969, in the Recorder of Deeds Office in and for Chester County in Deed Book C39, Page 290, and its deed dated February 20, 1978, and recorded February 20, 1978, in the Recorder of Deeds Office in and for Chester County in Deed Book M52, Page 300, granted and conveyed unto the Commonwealth, grantor herein.

Part B: Funding by the Commission for lands to be acquired by the Commonwealth, acting by and through the Department's Bureau of State Parks to be encumbered with certain statutory restrictions.

 The Commission is proposing to fund the acquisition of 5.0 acres of land, as more fully described as follows, as replacement lands for the conversion of the LWCF and Project 70 Act restricted lands in accordance with the LWCF and Project 70 Act requirements. Upon acquisition, the Department shall impose and record Project 70 Act restrictions and LWCF restrictions on the property described as follows.

 All that certain parcel of land situated in Wallace Township, Chester County, being a part of UPI 31-4-145, being a Turnpike Mitigation Area according to a new survey thereof as shown on a Plan of Property Boundary Survey for Natural Lands, prepared by Beideman Associates, Glenmoore, PA, dated February 22, 2018, and being more fully described as follows:

 Beginning at an interior point, a corner of a County/State/Highlands Funding Area, and on line of land of the Commonwealth (UPI 31-4-146); which interior point of beginning is located as follows from the point of intersection of the title line in Marshall Road (SR 4033) and the title line in Chalfont Road (T-423), being at the intersection of Little Conestoga Road (SR 4016) extending to the north and east, Marshall Road extending to the west, and Chalfont Road extending to the south; commencing thence along the title line in Chalfont Road and along the Charles Andrews Subdivision recorded in Plan Book 56 Page 13, the three following courses and distances: 1) South 14°34"31` East 585.32 feet to a point; 2) crossing through the Andrews Lane intersection, South 20°24"31` 369.89 feet to a point; and 3) South 30°30"31` East 363.53 feet to a point; thence continuing along the title line in Chalfont Road and along the Chalfont-St. Giles Subdivision recorded as Plan Number 13270, crossing through the Waterview Drive intersection, South 21°33"32` East 411.98 feet to a point, a corner of land of the Commonwealth (UPI 31-4-146); thence leaving Chalfont Road and along said land of the Commonwealth, South 44°35"45` West 65.60 feet to a corner of the herein described Turnpike Mitigation Area, an interior point and the true point of beginning; thence from the true point of beginning, along said land of the Commonwealth, crossing a copperweld found at a distance of 19.24 feet, South 44°35"45` West a total distance of 1,165.92 feet to a concrete monument found at a corner of land of Philadelphia Suburban Water Company, now Aqua Pennsylvania, Inc. (UPI 31-4-143); thence along said land, North 38°22"44` West 183.64 feet to a corner of the aforementioned County/State/Highlands Funding Area; thence through UPI 31-4-145 of which this is a part, and along the County/State/Highlands Funding Area, North 44°35"45` East 1,224.02 feet to a point; thence along the same, South 21°33"32` East 199.27 feet to the point of beginning.

 Containing 5.000 acres of land be the same more or less.

 Being part of UPI Number 31-4-145.

 Being a part of the same premises which Dekamodo Investment Partnership, LP, by deed dated December 19, 2017, and recorded December 29, 2017, in the Office of the Recorder of Deeds in and for the County of Chester in Record Book 9675, Page 243, granted and conveyed to Natural Lands Trust, a Pennsylvania nonprofit corporation.

Review and Comment:

 Project documents will be available for review from May 15, 2018, until June 30, 2018, at the Marsh Creek State Park Office and on the Commission's web site at www.patpconstruction.com/mp298to312/.

 Questions or comments on this proposal should be sent to John Hallas, Director, Bureau of State Parks, Attn: RMPD—Planning Section, P.O. Box 8551, Harrisburg, PA 17105-8551, RA-Park-Operations@pa.gov. Comments must be received within 30 days following publication of this notice.

CINDY ADAMS DUNN, 
Secretary

[Pa.B. Doc. No. 18-739. Filed for public inspection May 11, 2018, 9:00 a.m.]



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