[Adopted 2-10-1994 by Res. No. 1994-3]
The Board of Supervisors of Washington Township, after receiving a report
of recommendation from the Washington Township Agricultural Security Area
Advisory Committee, a recommendation of rejection from the Washington Township
Planning Commission and a recommendation of modification from the Washington
Township Municipal Authority, and after public hearing held on the petition
of the landowners identified in Exhibit A hereof[1] to add their lands to the presently existing Agricultural Security Area in Washington Township, pursuant to the Agricultural Area Security Law, Act 43 of 1981, as amended, 3 P.S. § 901 et seq., hereby adopts the proposal of the landowners identified in Exhibit A hereof, as hereinafter modified in §§ 29-14 and 29-15, and the lands identified in Exhibit A hereof, with the exception of the parcel of seven acres, 131 perches, and the 17,135 square feet condemned by the Washington Township Municipal Authority as described in Exhibit B hereof,[2] are hereby added to and become part of the Washington Township
Agricultural Security Area.
The parcel of seven acres, 131 perches, owned by Marion V. Heydt, located
on Passmore Road, is hereby excluded from the Washington Township Agricultural
Security Area because F. Thomas Jordan and Joseph B. Jordan do not own it,
having conveyed it on July 9, 1993, to Marion V. Heydt. The deed was recorded
in the office of the Recorder of Deeds of Berks County in Record Book 2440,
page 1811, on July 27, 1993. Since the new landowner, Marion V. Heydt, did
not join the application to have the land included in the Agricultural Security
Area, the request to include those lands in the Washington Township Agricultural
Security Area is hereby denied.
On February 9, 1994, the Washington Township Municipal Authority filed
a Declaration of Taking in the Court of Common Pleas of Berks County, Pennsylvania,
to No. 789-94 A.D., in which a portion of the lands set forth in Exhibit A[1] were condemned for the purpose of a fifty-foot-wide utility easement.
A true and correct copy of the legal description of the lands that were condemned
is attached hereto, made part hereof, and marked Exhibit B.[2] Because the Washington Township Municipal Authority became entitled
to an easement over the lands described in Exhibit B as of February 9, 1994,
the lands described in Exhibit B are hereby excluded from the Washington Township
Agricultural Security Area, and the request to have them contained therein
is hereby denied.
The lands included in the Washington Township Agricultural Security
Area shall be afforded all of the protection set forth in the Agricultural
Security Area Law, Act 43 of 1981, as amended, 3 P.S. § 901 et seq.,
so as to encourage the continuity, development and viability of agriculture
within such area, including but not limited to limitations on the exercise
of the power of eminent domain.
The Board of Supervisors hereby authorizes the filing of a description
of the lands to be included in the Washington Township Agricultural Security
Area as a result of this resolution in the office of the Recorder of Deeds
of Berks County, the Berks County Planning Commission and the Washington Township
Planning Commission.
