That Damn Library  

Posted by Mr. Ellsworth Toohey

Second Ave. closing goes before Council




Let me give another view of this project. The expansion is being done on a lot that is too small and the Library has know this for years. When they had the opportunity to purchase the adjacent property and house, they declined to do so even though they knew that their library was too small for the volume of users it would get. Undersized building with nowhere to build? . . . . build in the street. Why not? Well because it is public land and Right of Way being used for a non profit organization. Being used because they would not pay for land acquisition when they had the opportunity. No one else, with the exception of the government can build when they don't have enough land.

At the very least, the Library should pay for the legal work for the abandoning of the ROW, the purchase of .15 acres, and a long term lease with real payments for the permanent use of the ROW. The purchase of an actual street is pretty significant. Lets not take this too lightly.

This entry was posted on Tuesday, March 24, 2009 at Tuesday, March 24, 2009 . You can follow any responses to this entry through the comments feed .

9 comments

Anonymous  

Quote from another blog:
"It shall be unlawful for any person to erect any building or make any improvement, within the right-of-way of any sewer laid out or ordained to be laid out........."
And another referencing the deeding of Reeves Park which included the roads on ALL sides.

It would seem that this plan is still illegal and perhaps the opponents could get a lawyer for free to fight it.

March 26, 2009 at 7:58 PM
Anonymous  

Which blog was your quote from, Anonymous?

Can you give the address?

March 26, 2009 at 10:45 PM

TO: Anonymous 10:45PM -
It can be found here:
http://karenjohns4phoenixvilleboroughcouncil.blogspot.com/2008/07/planning-commission-to-hear-library.html
Read the comment from "Genevieve said..." from 7/10/2008.

In fact read ALL of the Library sections on Karen's page. A lot of good information is there - especially a letter from Brad Peck at:
https://www.blogger.com/comment.g?blogID=7888510041198780859&postID=8086716867239728458

March 28, 2009 at 2:13 PM

Seems like the links got truncated.

Here they are again (you make have to copy and paste):
http://karenjohns4phoenixvilleborough
council.blogspot.com/2008/07/
planning-commission-to-hear-library.
html

and

https://www.blogger.com/
comment.g?blogID=
7888510041198780859&postID=
8086716867239728458

March 28, 2009 at 2:25 PM

Links in previous entry seem to be truncated. Here they are in a smaller fashion:

Sewer info:
http://www.smalllinks.com/8OQ

Brad Peck's letter:
http://www.smalllinks.com/8OR

March 28, 2009 at 3:53 PM
Anonymous  

I read the deeds for both the library and Reeves Park. Each property line is measured as 30 feet from the center of Second Avenue. Now, the way I understand it, in Pennsylvania, if a street is vacated, and the deeds are written as stated above, then property owners on each side of the vacated street, get one half of the vacated portion. After the street vacation, the library would own half, and the park the other half.
I think if the Borough vacates Second Avenue, the only way that the library can get the other side is for the Borough to give it to them.

However, the Council are the defenders of the park as outlined in the deed itself. If the Council gives them that half of the street, which has become park property, then I think this would be a violation of the deed to Reeves Park. The Borough Council is the protector of the park, they are obligated to defend it against intrusion, by the terms of the deed, and not to give park property away. Park property should not be given away to anyone.

I am sure that the people who drafted the deed did not even conceive that this situation would arise. No one in their right mind would have considered putting a building on an established thoroughfare. It would have been a laughable idea. The grid was a given. How many towns are there that would even consider such a ridiculous proposal? How many towns experiencing growth have given up a busy street? It is contrary to common sense.

I hope the members of council realize their obligation to the memory of David Reeves, as laid out in the deed. A library can be built anywhere, but a park, especially this one, which is so close to the hearts of many in Phoenixville, because of the character of the man who inspired it, cannot be replaced. If the Council will not defend the park, then the citizens really need to. Hopefully, the members of Council will do the right thing and keep that intrusive building out of Reeves Park.

I think the people defending Reeves Park should seek legal counsel. The forces of developers are very strong, they have moneyed interests backing them. They stand to make a lot of money from this project. I think the people defending Reeves Park really need to get together, find a lawyer to represent them, and fight this construction project.

March 29, 2009 at 11:36 AM
Anonymous  

I hope members of Borough Council are reading this blog.

Perhaps those of us who are against the Library's plan should organize and set up a legal defense fund to defend the status of the park?

I don't know, but it's worth thinking about. We can't depend on Borough Council to do the right thing.

March 29, 2009 at 9:40 PM

The add of page 8 of a new publication, "ECHO", seems to show a library that is built into and on Reeves Park.

Check it out at:
http://tinyurl.com/cghsyk

March 30, 2009 at 10:35 AM
Anonymous  

This gets even better. In Chapter 91 (PA Borough Code) Article XVII. Streets (e)Vacating Streets "Petition for vacating streets it states that a MAJORITY (my emphasis) of the owners of the real estate abutting upon the street or portion thereof need to petition the council to vacate such portion of the street.

There are only two owners on either side of the portion of Second Avenue in question. Those owners are the Phoenixville School District(library) and the people of Phoenixville (Reeves Park), represented by the Borough Council and the mayor.
So it seems that the Borough Council not only has got to decide on the School District's request to vacate; they must decide to join with the School District to petition themselves to request the vacation. Add to that their role as protectors of the park as stated in the Reeves Park deed, and you have a lot of conflicting roles. This gets curiouser and curiouser.

March 30, 2009 at 10:06 PM

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