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| PRIOR PRINTER'S NOS. 1563, 2237 | PRINTER'S NO. 2291 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PASHINSKI AND KORTZ, APRIL 21, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 24, 2009 |
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| AN ACT |
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1 | Authorizing the City of Wilkes-Barre, Luzerne County, to convey |
2 | a fee interest in certain Project 70 lands free of |
3 | restrictions imposed under the Project 70 Land Acquisition |
4 | and Borrowing Act; and authorizing the City of Warren, Warren | <-- |
5 | County, to sell and convey certain Project 70 lands free of |
6 | restrictions imposed by the Project 70 Land Acquisition and |
7 | Borrowing Act. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. City of Wilkes-Barre, Luzerne County. |
11 | (a) Authorization.--The provisions of section 20(b) of the |
12 | act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the |
13 | Project 70 Land Acquisition and Borrowing Act, authorizes the |
14 | General Assembly to release land from Project 70 Use |
15 | Restrictions, including, but not limited to, three parcels |
16 | within a 33+/-acres tract of land now owned by the City of |
17 | Wilkes-Barre and more fully described in Luzerne County Deed |
18 | Book 1707 page 703 et seq. commonly known and designated as the |
19 | Coal Street Park. |
20 | (b) Release from Project 70 Use Restrictions.--For and in |
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1 | consideration of the submission and substitution of other |
2 | adjacent lands of the City of Wilkes-Barre to the Project 70 Use |
3 | Restrictions in place thereof, said land being more particularly |
4 | described in subsection (e) (Replacement Lands) the General |
5 | Assembly hereby releases and forever discharges from the date of |
6 | this action, all those certain tracts of land presently owned by |
7 | the City of Wilkes-Barre, which is more particularly described |
8 | in subsection (d) (Released Lands). The Replacement Lands have a |
9 | fair market value which is equal to or greater than the fair |
10 | market value of the Released Lands, all as determined by an |
11 | independent certified appraisal. |
12 | (c) Submission.--For and in consideration of the release of |
13 | the Released Lands, the City of Wilkes-Barre hereby submits the |
14 | Replacement Lands to the same restrictions previously imposed |
15 | upon the Released Lands, said Project 70 Use Restrictions to be |
16 | placed of record in the Office of the Recorder of Deeds in and |
17 | for Luzerne County within thirty (30) days following adoption of |
18 | this act. |
19 | (d) Lands to be released from restrictions.--The lands to be |
20 | released from Project 70 restrictions are situated in the City |
21 | of Wilkes-Barre, Luzerne County, and more particularly described |
22 | as follows: |
23 | Parcel One |
24 | ALL that certain piece or parcel of land situate in the City |
25 | of Wilkes-Barre, County of Luzerne and Commonwealth of |
26 | Pennsylvania bounded and described as follows, to wit: |
27 | BEGINNING at a point in lands of the City of Wilkes-Barre (DB |
28 | 1707 Pg 703) from which the southwesterly corner of said lands |
29 | at the intersection of the northerly right-of-way line of |
30 | Sherman Street with the easterly right-of-way line of Coal |
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1 | Street bears South 41º 42' 34" West distant four hundred ninety- |
2 | two and ninety-nine hundredths (492.99') feet as shown on a plan |
3 | titled "Coal Street Park Land Development Plan - Building Lease |
4 | Plan" dated January 7, 2009 and prepared by Acker Associates, |
5 | Inc.; |
6 | Thence through said lands of the City of Wilkes-Barre |
7 | (Grantor, herein) the following thirty-six (36) courses and |
8 | distances: |
9 | 1. North 12º 47' 38" East one hundred twenty-four (124.00") |
10 | feet to a point, |
11 | 2. South 77º 19' 18" East eighteen and sixty-two hundredths |
12 | (18.62') feet to a point, |
13 | 3. North 12º 40' 42" East thirty-two and eighty-seven |
14 | hundredths (32.87') feet to a point, |
15 | 4. South 77º 19' 18" East nineteen and eighty-five |
16 | hundredths (19.85') feet to a point, |
17 | 5. North 12º 36' 30" East thirty-nine and forty-four |
18 | hundredths (39.44') feet to a point, |
19 | 6. South 77º 35' 21" East nineteen and eighty-two hundredths |
20 | (19.82') feet to a point, |
21 | 7. North 13º 04' 23" East nineteen and eighty-five |
22 | hundredths (19.85') feet to a point, |
23 | 8. South 77º 33' 32" East nineteen and seventy-nine |
24 | hundredths (19.79') feet to a point, |
25 | 9. North 13º 26' 14" East nineteen and ninety-six hundredths |
26 | (19.96') feet to a point, |
27 | 10. South 77º 32' 32" East forty and six hundredths (40.06') |
28 | feet to a point, |
29 | 11. North 12º 40' 42" East twenty and fifty-six hundredths |
30 | (20.56') feet to a point, |
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1 | 12. South 77º 19' 18" East two hundred forty-two (242.00') |
2 | feet to a point, |
3 | 13. South 12º 40' 42" West twenty-six and twenty-five |
4 | hundredths (26.25') feet to a point, |
5 | 14. South 77º 19' 18" East thirty-one and sixty-six |
6 | hundredths (31.66') feet to a point, |
7 | 15. South 12º 40' 42" West sixty-one and thirty-three |
8 | hundredths (61.33') feet to a point, |
9 | 16. North 77º 19' 18" West thirty-one and sixty-eight |
10 | hundredths (31.68') feet to a point, |
11 | 17. South 20º 33' 04" West forty-seven and twenty-five |
12 | hundredths (47.25') feet to a point, |
13 | 18. North 77º 19' 18" West two hundred nineteen and five |
14 | tenths (219.50') feet to a point, |
15 | 19. South 12º 40' 42" West two and twenty-seven hundredths |
16 | (2.27') feet to a point, |
17 | 20. North 77º 19' 18" West twenty-five hundredths (0.25') |
18 | feet to a point, |
19 | 21. South 20º 40' 42" West sixteen and sixty-seven |
20 | hundredths (16.67') feet to a point, |
21 | 22. South 77º 19' 18" East twenty-five hundredths (0.25') |
22 | feet to a point, |
23 | 23. South 20º 40' 42" West five and twenty-three hundredths |
24 | (5.23') feet to a point, |
25 | 24. South 77º 19' 18" East twenty-eight and sixty-seven |
26 | hundredths (28.67') feet to a point, |
27 | 25. South 20º 40' 42" West twenty-six hundredths (0.26') |
28 | feet to a point, |
29 | 26. South 77º 19' 18" East twenty-nine and seventy-four |
30 | hundredths (29.74') feet to a point, |
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1 | 27. South 20º 40' 42" West sixty-three and seventy-four |
2 | hundredths (63.74') feet to a point, |
3 | 28. South 77º 19' 18" East twenty-six hundredths (0.26') |
4 | feet to a point, |
5 | 29. South 12º 40' 42" West thirty-four (34.00') feet to a |
6 | point, |
7 | 30. North 77º 19' 18" West thirty-eight and thirty-three |
8 | hundredths (38.33') feet to a point, |
9 | 31. South 12º 40' 42" West twelve (12.00') feet to a point, |
10 | 32. North 77º 19' 18" West twenty-seven and thirty-three |
11 | hundredths (27.33') feet to a point, |
12 | 33. North 12º 40' 42" East twelve (12.00') feet to a point, |
13 | 34. North 77º 19' 18" West seven and sixty-seven hundredths |
14 | (7.67') feet to a point, |
15 | 35. North 12º 40' 42" East twenty-six hundredths (0.26') |
16 | feet to a point, and |
17 | 36. North 77º 26' 22" West one hundred twenty-six and sixty- |
18 | seven hundredths (126.67') feet to the point of BEGINNING. |
19 | CONTAINING 66,524 square feet of land being the same, more or |
20 | less. |
21 | BEING-PART of the same premises conveyed by the Hollenback |
22 | Coal and Land Company to The City of Wilkes-Barre by deed dated |
23 | November 18, 1970 and recorded in Luzerne County Deed Book 1707 |
24 | Page 703. |
25 | Said property is located within the Property Identification |
26 | Number of H10SW4-004-025. |
27 | The aforesaid premise being generally referred to as a |
28 | portion of "Coal Street Park" that contains an existing ice rink |
29 | arena whose dimensions are 38,000 square feet with a proposed |
30 | 25,000 square feet of new construction. |
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1 | Parcel Two |
2 | Beginning at a point in the northeasterly side of Coal |
3 | Street, said point being North 32º 35' 00" East a distance of |
4 | 25.28' from a stone monument at an angle point of Coal Street |
5 | near Grant Street and S 46º 00' 00" East a distance of 542.00 |
6 | feet along the northeasterly side of Coal Street being 50 wide |
7 | to a point along the northerly right-of-way line of North |
8 | Sherman Street and N 41º 42' 34" East a distance 397.34' and S |
9 | 77º 12' 22" East a distance of 45.61' to the place of beginning. |
10 | Thence through lands of the City of Wilkes-Barre through the |
11 | same, North 12º 47' 38" East a distance of 72.00' to a point, |
12 | Thence through the same, South 77º 12' 22" East a distance of |
13 | 135.00' to a point, |
14 | Thence through the same, South 12º 47' 38" West a distance of |
15 | 72.00' to a point, |
16 | Thence through the same, North 77º 12' 22" West a distance of |
17 | 135.00 to a point, the place of beginning. |
18 | CONTAINING 9,720 square feet of land being the same, more or |
19 | less. |
20 | BEING a Parking Lease Area inside lands of The City of |
21 | Wilkes-Barre. |
22 | BEING PART of the same premises conveyed by the Hollenback |
23 | Coal and Land Company to The City of Wilkes-Barre by deed dated |
24 | November 18, 1970 and recorded in Luzerne County Deed Book 1707 |
25 | Page 703. |
26 | Said property is located within the Property Identification |
27 | Number of H10SW4-004-025. |
28 | The aforesaid premise being generally referred to as a |
29 | portion of Coal Street Park that is for a proposed 9,720 square |
30 | feet of new parking space to service tenants of Parcel One. |
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1 | Parcel Three |
2 | All that certain pieces or parcels of land situated in the |
3 | City of Wilkes-Barre, County of Luzerne and State of |
4 | Pennsylvania, more particularly bounded and described as |
5 | follows: |
6 | Beginning at a point in the northeasterly side of Coal |
7 | Street, said point being North 32º 35' 00" East a distance of |
8 | 25.28' from a stone monument at an angle point of Coal Street |
9 | near Grant Street, said point also being in the southwesterly |
10 | line of lands of the City of Wilkes-Barre as described in |
11 | Luzerne County Deed Book 1707 at Page 703: |
12 | Thence along lands now or formerly of The City of Wilkes- |
13 | Barre, North 62º 59' 00" West a distance of 31.72' to a point; |
14 | Thence along the same, North 29º 19' 00" West a distance of |
15 | 550.42' to a point at the southeasterly corner of lands now or |
16 | formerly of Con Ed Realty Company, said point also being the |
17 | southwesterly corner of lands of the City of Wilkes-Barre as |
18 | described in Luzerne County Deed Book 1707 at Page 703: |
19 | Thence along other lands now or formerly of Con Ed Realty |
20 | Company, North 60º 46' 00" East a distance of 9.42' to a point; |
21 | Thence through lands now or formerly of the City of Wilkes- |
22 | Barre as described in Luzerne County Deed Book 1707 at Page 703, |
23 | South 29º 20' 56" East a distance of 375.13' to a point; |
24 | Thence through the same, a distance of 87.20' measured along |
25 | the arc of a curve to the left having a radius of 300.58', a |
26 | chord bearing of South 37º 39' 38" East a distance of 86.90' to |
27 | a point; |
28 | Thence through the same, South 45º 58' 20" East a distance of |
29 | 631.16' to a point; |
30 | Thence through the same, South 63º 59' 31" East a distance of |
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1 | 37.12' to a point along the northwesterly right-of-way line of |
2 | North Sherman Street; |
3 | Thence along the northwesterly right-of-way line of North |
4 | Sherman Street, South 61º 03' 00" West a distance of 51.08' to a |
5 | point along the northeasterly right-of-way line of Coal Street; |
6 | Thence along the northeasterly right-of-way line of Coal |
7 | Street, North 46º 00' 00" West a distance of 542.00 to a point, |
8 | the place of beginning. |
9 | Containing an area of 29,608.24 Square Feet or 0.68 acres of |
10 | land, more or less. |
11 | Being a portion of Lands of the City of Wilkes-Barre as |
12 | described in Luzerne County Deed Book 1707 at Page 703. |
13 | Said property is located within the Property Identification |
14 | Number of H10SW4-004-025. |
15 | Also being all of a 0.68 acre parcel shown as lands to be |
16 | conveyed to the City of Wilkes-Barre for Coal Street Right-of- |
17 | Way as shown on Plan No. V-0801 dated 02-16-09 as prepared by |
18 | Pennoni Associates, Inc. 100 North Wilkes-Barre Boulevard Suite |
19 | 409, Wilkes-Barre, Pa. 18702. |
20 | The City of Wilkes-Barre with the cooperation of Pennsylvania |
21 | Department of Transportation has proposed the construction of a |
22 | new roadway within the above described premises. |
23 | The City of Wilkes-Barre will replace the parcel through a |
24 | land exchange. |
25 | (e) Replacement lands.-- |
26 | Parcel One- |
27 | All that certain pieces or parcels of land situated in the |
28 | City of Wilkes-Barre, County of Luzerne and State of |
29 | Pennsylvania, more particularly bounded and described as |
30 | follows: |
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1 | Commencing at a point in the northeasterly side of Coal |
2 | Street, said point being North 32º 35' 00" East a distance of |
3 | 25.28' from a stone monument at an angle point of Coal Street |
4 | near Grant Street and S 46º 00' 00" East a distance of 542.00 |
5 | feet along the northeasterly side of Coal Street being 50' wide, |
6 | and North 61º 03' 00" East a distance of 51.08' to a point along |
7 | the northerly right-of-way line of North Sherman Street, thence |
8 | through lands of the City of Wilkes-Barre as described in |
9 | Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31" |
10 | West a distance of 37.12' to a point, thence through the same, |
11 | North 45º 58' 20" West a distance of 631.16' to a point thence |
12 | through the same, a distance of 87.20' measured along the arc of |
13 | a curve to the right having a radius of 300.58', a chord bearing |
14 | of North 37º 39' 38" West and a chord distance of 86.90' to a |
15 | point, thence through the same, North 29º 20' 56" West a |
16 | distance of 375.13' to a point in line of lands now or formerly |
17 | of Con Ed Realty Company and along lands now or formerly of Con |
18 | Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM |
19 | Properties, LLC, ANM Properties, Inc. and The City of Wilkes- |
20 | Barre, North 60º 46' 00" East a distance of 1166.69' to a point |
21 | at the northwesterly corner of other lands of the City of |
22 | Wilkes-Barre as described in Luzerne County Deed Book 1883 at |
23 | Page 883 and the place of beginning; |
24 | Thence along other lands now or formerly of the City of |
25 | Wilkes-Barre, North 60º 46' 00" East a distance of 156.91' to a |
26 | point; |
27 | Thence along other lands now or formerly of the City of |
28 | Wilkes-Barre, South 46º 18' 00" East a distance of 222.92' to a |
29 | point; |
30 | Thence along the same, South 42º 17' 30" West a distance of |
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1 | 60.80' to a point; |
2 | Thence along the same, South 47º 43' 30" East a distance of |
3 | 405.67' to a point along the westerly right-of-way line of |
4 | Stevens Street; |
5 | Thence along the westerly right-of-way line of Stevens |
6 | street, South 23º 43' 43" East a distance of 258.71 to a point |
7 | in line of Lands now or formerly of the City of Wilkes-Barre as |
8 | described in Luzerne County deed Book 1707 at Page 703; |
9 | Thence along the dividing line of Lands now or formerly of |
10 | the City of Wilkes-Barre as described in Luzerne County Deed |
11 | Book 1707 at Page 703, and other Lands now or formerly of the |
12 | City of Wilkes-Barre as described in Luzerne County Deed Book |
13 | 1883 at Page 883 North 46º 18' 00" West a distance of 914.90 to |
14 | a point, the place of beginning; |
15 | Containing an area of 87,157.35 Square Feet or 2.00 acres of |
16 | land, more or less. |
17 | Being a portion of Lands of the City of Wilkes-Barre as |
18 | described in Luzerne County Deed Book 1883 at Page 883. |
19 | Said property is located within the Property Identification |
20 | Number of H10-000-14D. |
21 | Also being all of a 2.00 acre parcel shown as the |
22 | northeasterly replacement area to be consolidated with lands of |
23 | the City of Wilkes-Barre as shown on Plan No. V-0801 dated |
24 | 02-16-09 as prepared by Pennoni Associates, Inc. 100 North |
25 | Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702. |
26 | Parcel Two |
27 | All that certain pieces or parcels of land situated in the |
28 | City of Wilkes-Barre, County of Luzerne and State of |
29 | Pennsylvania, more particularly bounded and described as |
30 | follows: |
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1 | Commencing at a point in the northeasterly side of Coal |
2 | Street, said point being North 32º 35' 00" East a distance of |
3 | 25.28' from a stone monument at an angle point of Coal Street |
4 | near Grant Street and S 46º 00' 00" East a distance of 542.00 |
5 | feet along the northeasterly side of Coal Street being 50' wide, |
6 | and North 61º 03' 00" East a distance of 51.08' to a point along |
7 | the northerly right-of-way line of North Sherman Street, thence |
8 | through lands of the City of Wilkes-Barre as described in |
9 | Luzerne County Deed Book 1707 at Page 703, North 63º 59' 31" |
10 | West a distance of 37.12' to a point, thence through the same, |
11 | North 45º 58' 20" West a distance of 631.16' to a point thence |
12 | through the same, a distance of 87.20' measured along the arc of |
13 | a curve to the right having a radius of 300.58', a chord bearing |
14 | of North 37º 39' 38" West and a chord distance of 86.90' to a |
15 | point, thence through the same, North 29º 20' 56" West a |
16 | distance of 375.13' to a point in line of lands now or formerly |
17 | of Con Ed Realty Company and along lands now or formerly of Con |
18 | Ed Realty Company, Michael Pasonick, Jr. & Arlene Pasonick, ANM |
19 | Properties, LLC, ANM Properties, Inc. and The City of Wilkes- |
20 | Barre, North 60º 46' 00" East a distance of 1166.69' to a point |
21 | at the northwesterly corner of other lands of the City of |
22 | Wilkes-Barre as described in Luzerne County Deed Book 1883 at |
23 | Page 883, thence along other lands of City of Wilkes-Barre (2.00 |
24 | Acre Replacement Area) and the southwesterly right-of-way line |
25 | of Stevens Street, South 46º 18' 00" East a distance of |
26 | 1,040.08' more or less to a point, the place of beginning; |
27 | Thence along the southwesterly right-of-way line of Stevens |
28 | Street, South 55º 05' 43" East a distance of 500.53' more or |
29 | less to a point along the northerly right-of way line of North |
30 | Sherman Street; |
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1 | Thence along the northerly right-of-way line of North Sherman |
2 | Street, South 43º 42' 00" West a distance of 76.53' more or less |
3 | to a point; |
4 | Thence along the dividing line of the City of Wilkes-Barre as |
5 | described in Luzerne County Deed Book 1883 at Page 883, and of |
6 | the City of Wilkes-Barre as described in Luzerne County Deed |
7 | Book 1707 at Page 703, North 46º 18' 00" West a distance of |
8 | 494.64' to a point, the place of beginning. |
9 | Containing an area of 18,928 Square Feet or 0.43 acres of |
10 | land, more or less. |
11 | Being a portion of Lands of the City of Wilkes-Barre as |
12 | described in Luzerne County Deed Book 1883 at Page 883. |
13 | Said property is located within the Property Identification |
14 | Number of H10-000-14D. |
15 | Also being all of a 0.43 acre parcel shown as the |
16 | southeasterly replacement area to be consolidated with lands of |
17 | the City of Wilkes-Barre as shown on Plan No. V-0801 dated |
18 | 02-16-09 as prepared by Pennoni Associates, Inc. 100 North |
19 | Wilkes-Barre Boulevard, Suite 409, Wilkes-Barre, Pa. 18702. |
20 | (f) Costs and fees.--Costs and fees incidental to this |
21 | conveyance shall be borne by the grantee. |
22 | Section 2. City of Warren, Warren County. | <-- |
23 | (a) Authorization.--Pursuant to the requirements of section |
24 | 20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), |
25 | known as the Project 70 Land Acquisition and Borrowing Act, the |
26 | General Assembly hereby authorizes the release of Project 70 |
27 | restrictions and sale of the lands owned by the City of Warren |
28 | which are more particularly described in subsection (c) for a |
29 | consideration of $81,500 which represents the fair market value |
30 | of the property as determined by an appraisal. |
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1 | (b) Freedom of restrictions.--The lands described in |
2 | subsection (c) shall be free of restrictions on use and |
3 | alienation imposed by the Project 70 Land Acquisition and |
4 | Borrowing Act upon conveyance of the lands to Warren General |
5 | Hospital. |
6 | (c) Lands to be released from restrictions.--The lands to be |
7 | released from Project 70 restrictions are situated in the City |
8 | of Warren, Warren County, and more particularly described as |
9 | follows: |
10 | Parcel No. 1 |
11 | All that certain piece or parcel of land, generally referred |
12 | to as the "Musante Field," being that lot identified on the |
13 | Warren County Assessment Map as WN-578-1184, and consisting of a |
14 | rectangular-shaped level and open piece of land whose dimensions |
15 | approximate 100 feet by 200 feet for a total of 20,000 square |
16 | feet or 0.46 acre. |
17 | Parcel No. 2 |
18 | All that certain piece or parcel of land being that lot |
19 | identified on the Warren County Assessment Map as WN-578-119 and |
20 | consisting of a triangular-shaped piece of land whose dimensions |
21 | approximate 190 feet by 130 feet by 232 feet for a total of |
22 | 12,350 square feet or 0.28 acre. |
23 | (d) Use of proceeds.--The consideration of $81,500 from the |
24 | sale of the land shall be deposited in a special account |
25 | established by the City of Warren for acquisition or development |
26 | of park land, to include a ballfield, parking lot and access |
27 | road. Use of funds from the special account must be approved by |
28 | the Department of Conservation and Natural Resources. Any funds |
29 | remaining in the special account after five years from the date |
30 | of deposit by the City of Warren shall be paid to the |
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1 | Commonwealth for deposit into the Project 70 Land Acquisition |
2 | Sinking Fund. |
3 | Section 2 3. Effective date. | <-- |
4 | This act shall take effect immediately. |
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