ORDINANCE NO. 142                                  

                       AN ORDINANCE OF KENNETT TOWNSHIP,

      CHESTER COUNTY, PENNSYLVANIA, VACATING A PORTION

          OF THE TOWNSHIP ROAD KNOWN AS ORCHARD DRIVE

WHEREAS, the Board of Supervisors of Kennett Township, Chester County, Pennsylvania, after proper legal notice, legal advertising and public hearing, has decided to vacate a portion of the public road known as "Orchard Drive" (T-424) in accordance with the provisions set forth in the Second Class Township Code, 53 P.S. §67304(a); and

WHEREAS, the request to initiate proceedings to vacate Orchard Drive from its intersection with Longwood Drive to its terminus was made by the owners of land which is adjacent to the portion of the road which is proposed to be vacated; and

WHEREAS, the area proposed to be vacated appears on a plan entitled "Orchard Drive Stub" Plan of Vacation by Engineering Design Consultants, dated February 25, 2002, which plan is incorporated by reference herein.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of Supervisors of Kennett Township, having concluded that the vacation of a portion of Orchard Drive constitutes and gives effect to a legitimate government interest that:

SECTION 1.  All that portion of Orchard Drive described as follows according to the aforesaid plan of Engineering Design Consultants and referred to on the "Orchard Drive Stub", is hereby vacated.

ALL THAT CERTAIN piece of ground situated in Longwood Estates in Kennett Township, Chester County, Pennsylvania, described according to a plan of Orchard Drive stub by Engineering Design Consultants, dated February 25, 2002.

BEGINNING at a point on the westerly side of Orchard Drive (40 feet wide) and tax parcel 62-05-0058, the said point being South 25 degrees 54 minutes 00 seconds East, 33.58 feet from the point of intersection of the southerly side of Longwood Drive (40 feet wide) if both were extended.

THENCE, from the point of beginning and crossing Orchard Drive right-of-way, North 64 degrees 06 minutes 00 seconds East, 60.00 feet to an iron pin on the southerly right-of-way of Longwood Drive and tax parcel 62-05-0059;

THENCE, along the aforementioned Orchard Drive and tax parcel 62-05-0059, the following 3 courses and distances:

Ordinance No. 142

Page 2

1.         By a curve to the left in a southwesterly direction with a radius of 20.00 feet and an arc distance of 31.42 feet, with an included angle of 90 degrees 00 minutes 00 seconds to an iron pin and a point of tangency.

2.         South 25 degrees 54 minutes 00 seconds East 145.09 feet to an iron pin.

3.         South 64 degrees 06 minutes 00 seconds West 20.00 feet to an iron pin on tax parcel 62-05-0058;

THENCE, along the aforementioned Orchard Drive and tax parcel 62-05-0058, the following 2 courses and distances:

1.         South 64 degrees six minutes 00 seconds West 20.00 feet to an iron pin on tax parcel 62-05-0058.

2.         North 25 degrees 54 minutes 00 seconds East 165.09 feet to the point and place of beginning.

CONTAINING 6,689 square feet of land, more or less.                      

SECTION 2.  The proper Township officials are authorized to strike the vacated portion of Orchard Drive from the official maps of Kennett Township and shall, in accordance with §67305(b) of the Second Class Township Code, file a copy of this ordinance, together with a copy of the aforesaid plan in the office of the Clerk of Courts of Chester County.

ENACTED AND ORDAINED this 17th day of June 2002.

KENNETT TOWNSHIP

BOARD OF SUPERVISORS

ATTEST:                                                                                                        ____________________________________               Thomas W. Nale, III

______________________          

Secretary-Treasurer

                                                ________________________________

Michael E. Elling

_____________________________   

Charles G. Shoemaker