PRIOR PRINTER'S NO. 904
PRINTER'S NO. 983
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
829
Session of
2023
INTRODUCED BY AUMENT, JUNE 19, 2023
AS AMENDED ON SECOND CONSIDERATION, JUNE 27, 2023
AN ACT
Authorizing the Department of General Services, with the
approval of the Pennsylvania Historical and Museum Commission
and the Governor, to grant and convey certain easements
through and across lands of the Commonwealth of Pennsylvania
in the Township of Manheim, County of Lancaster, for purposes
of a road realignment project and to accept from the Township
of Manheim existing right-of-way to be abandoned as part of
the road realignment project.; AND AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES, WITH THE APPROVAL OF THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS AND THE GOVERNOR, TO GRANT AND
CONVEY TO DREXEL UNIVERSITY, PERMANENT EASEMENT ENCUMBERING
CERTAIN LANDS SITUATE IN THE CITY AND COUNTY OF PHILADELPHIA.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance of easements at the Landis Valley Museum.
(a) Authorization.--The Department of General Services, with
the approval of the Pennsylvania Historical and Museum
Commission and the Governor, is hereby authorized on behalf of
the Commonwealth of Pennsylvania to grant and convey the
following easements, at the Landis Valley Museum, situate in the
Township of Manheim, County of Lancaster, to the Township of
Manheim for $1, for purposes of a road realignment project.
(b) Property description.--The property to be conveyed under
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subsection (a) consists of the following easements, situate in
the Township of Manheim, County of Lancaster, bounded and more
particularly described as follows:
Right-of-Way Easement #1
BEGINNING at a point on line of lands now or formerly of
David Costello, said point also being the eastern right of way
line of East Delp Road (realigned), a 60 foot side public
street, being located
N 17°37'11" W 57.37 feet from a rebar at the southwest corner
of lands now or formerly of
The Commonwealth of Pennsylvania; extending thence along
lands now or formerly of David Costello and crossing over East
Delp Road (realigned) N 17°37'11" W for a distance of 88.61
feet to a point on the western right of way line of East Delp
Road (realigned); extending thence along said last mentioned
right of way line the following two (2) courses and distances,
namely: (1) N 24°59'27" E for a distance of 39.89 feet to a
point; (2) N 17°44'06" W for a distance of 55.93 feet to a point
on the southern legal right of way line of Landis Valley Road
(S.R. 1014), a 60 foot wide public street; extending thence
along said last mentioned legal right of way line by a curve to
the right having a radius of 644.05 feet for a distance of
129.86 feet, the chord of which is S 57°35'50" E for a distance
of 129.64 feet to a point on the eastern right of way line of
East Delp Road (realigned); extending thence along said last
mentioned right of way line the following two (2) courses and
distances, namely: (1) S 72°21'51" W for a distance of 41.61
feet to a point; (2) S 24°59'27" W for a distance of 101.29 feet
to a point and the place of BEGINNING.
Containing 7,745 Square Feet
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Right-of-Way Easement #2
BEGINNING at a point on the eastern right of way line of
Kissel Hill Road and on line of lands now or formerly of The
Commonwealth of Pennsylvania, said point being located S
88°37'57" E 104.20 feet from the northwest corner of lands now
or formerly of The Commonwealth of Pennsylvania
(UPI NO. 390-11002-0-0000); extending thence along other
lands now or formerly of
The Commonwealth of Pennsylvania S 88°37'57" E for a distance
of 63.05 feet to a point on the eastern right of way line of
Kissel Hill Road (realigned); extending thence along said last
mentioned right of way line S 18°56'16" E for a distance of
75.04 feet to a point on the northern legal right of way line of
Landis Valley Road (S.R. 1014), a 60 foot wide public street;
extending thence along said last mentioned legal right of way
line by a curve to the left having a radius of 704.44 feet for a
distance of 100.16 feet, the chord of which is N 55°53'31" W for
a distance of 100.07 feet to a point on the eastern right of way
line of Kissel Hill Road; extending thence along said last
mentioned right of way line N 15°27'36" W for a distance of
16.99 feet to a point and the place of BEGINNING.
Containing 2,651 Square Feet
Right-of-Way Easement #3
BEGINNING at a point on the eastern right of way line of
Kissel Hill Road and on line of lands now or formerly of The
Commonwealth of Pennsylvania, said point being located S
83°09'00 E 103.81 feet from the southwest corner of lands now or
formerly of The Commonwealth of Pennsylvania
(UPI NO. 390-53494-0-0000); extending thence along said last
mentioned right of way line N 9°58'39" W for a distance of 12.51
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feet to a point on the western right of way line of Kissel Hill
Road (realigned); extending thence along said last mentioned
right of way line the following two (2) courses and distances,
namely: (1) N 78°56'12" E for a distance of 8.67 feet to a
point; (2) by a curve to the left having a radius of 145.00 feet
for a distance of 121.95 feet, the chord of which is N 3°26'47"
W for a distance of 118.38 feet to a point on the eastern right
of way line of Kissel Hill Road; extending thence along said
last mentioned right of way line the following two (2) courses
and distances, namely: (1) by a curve to the left having a
radius of 260.00 feet for a distance of 35.29 feet, the chord of
which is N 6°02'34" W for a distance of 35.26 feet to a point;
(2) N 9°55'51" W for a distance of 241.40 feet to a point on the
eastern right of way line of Kissel Hill Road (realigned);
extending thence along said last mentioned right of way line the
following four (4) courses and distances, namely: (1) by a curve
to the left having a radius of 470.00 feet for a distance of
130.13 feet, the chord of which is S 17°51'45" E for a distance
of 129.71 feet to a point; (2) S 25°47'39" E for a distance of
141.70 feet to a point; (3) by a curve to the right having a
radius of 205.00 feet for a distance of 165.72 feet, the chord
of which is S 2°33'07" E for a distance of 161.25 feet to a
point; (4) S 13°27'19" E for a distance of 0.40 feet to a point
on line of other lands now or formerly of The Commonwealth of
Pennsylvania; extending thence along said last mentioned lands
N 83°09'00" W for a distance of 63.05 feet to a point and the
place of BEGINNING.
Containing 15,339 Square Feet
Temporary Grading Easement #1
BEGINNING at a point on the eastern right of way line of
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Kissel Hill Road (realigned) and on line of lands now or
formerly of The Commonwealth of Pennsylvania, said point being
located
S 88°37'57" E 167.25 feet from the northwest corner of lands
now or formerly of The Commonwealth of Pennsylvania (UPI NO.
390-11002-0-0000); extending thence along other lands now or
formerly of
The Commonwealth of Pennsylvania S 88°37'57" E for a distance
of 15.19 feet to a point; extending thence through lands now or
formerly of The Commonwealth of Pennsylvania
(UPI NO. 390-11002-0-0000) by a curve to the right having a
radius of 220.00 feet for a distance of 24.06 feet, the chord of
which is S 17°23'51" W for a distance of 24.04 feet to a point
on the eastern right of way line of Kissel Hill Road
(realigned); extending thence along said last mentioned right of
way line
N 18°56'16" W for a distance of 24.64 feet to a point and the
place of BEGINNING.
Containing 181 Square Feet
Temporary Grading Easement #2
BEGINNING at a point on line of lands now or formerly of
David Costello, said point also being the western right of way
line of East Delp Road (realigned), a 60 foot side public
street, being located N 17°37'11" W 145.98 feet from a rebar at
the southwest corner of lands now or formerly of
The Commonwealth of Pennsylvania; extending thence along
lands now or formerly of David Costello
N 17°37'11" W for a distance of 51.70 feet to a point;
extending thence through lands now or formerly of The
Commonwealth of Pennsylvania the following two (2) courses and
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distances, namely:
(1) N 24°59'27" E for a distance of 17.58 feet to a point;
(2) S 65°00'33" E for a distance of 20.46 feet to a point on the
western right of way line of East Delp Road (realigned);
extending thence along said last mentioned right of way line the
following two (2) courses and distances, namely: (1) S 17°44'06"
E for a distance of 21.43 feet to a point; (2) S 24°59'27" W for
a distance of 39.89 feet to a point and the place of BEGINNING.
Containing 1,167 Square Feet
Temporary Grading Easement #3
BEGINNING at a point on the eastern right of way line of
Kissel Hill Road, said point being located the following two (2)
courses and distances from the southwest corner of lands now or
formerly of The Commonwealth of Pennsylvania (UPI NO. 390-53494-
0-0000), namely: (1) S 83°09'00" E 103.81 feet to a point on the
eastern right of way line of Kissel Hill Road; (2) N 9°58'39" W
12.51 feet; extending thence along said last mentioned right of
way line the following two (2) courses and distances, namely:
(1) N 9°58'39" W for a distance of 42.87 feet to a point; (2) by
a curve to the left having a radius 260.00 feet for a distance
of 78.40 feet, the chord of which is N 6°29'01" E for a distance
of 78.11 feet to a point on the western right of way line of
Kissel Hill Road (realigned); extending thence along said last
mentioned right of way line the following two (2) courses and
distances, namely: (1) by a curve to the right having a radius
145.00 feet for a distance of 121.95 feet, the chord of which is
S 3°26'47" E for a distance of 118.38 feet to a point; (2) S
78°56'12" W for a distance of 8.67 feet to a point and the place
of BEGINNING.
Containing 1,835 Square Feet
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Temporary Grading Easement #4
BEGINNING at a point on the eastern right of way line of
Kissel Hill Road (realigned), said point being located S
83°09'00" E 166.86 feet from the southwest corner of lands now
or formerly of
The Commonwealth of Pennsylvania (UPI NO. 390-53494-0-0000);
extending thence along said last mentioned right of way line the
following four (4) courses and distances, namely: (1) N
13°27'19" W for a distance of 0.40 feet; (2) by a curve to the
left having a radius of 205.00 feet for a distance of 165.72,
the chord of which is N 2°33'07" W for a distance of 161.25 feet
to a point; (3) N 25°47'39" W for a distance of 141.70 feet to a
point; (4) by a curve to the right having a radius of 470.00
feet for a distance of 43.04 feet, the chord of which is N
23°10'14" W for a distance of 43.03 feet to a point; extending
thence through lands now or formerly of The Commonwealth of
Pennsylvania
(UPI NO. 390-53494-0-0000) the following four (4) courses and
distances, namely: (1) N 69°27'11" E for a distance of 15.00
feet to a point; (2) by a curve to the left having a radius of
455.00 feet for a distance of 41.67 feet, the chord of which is
S 23°10'14" E for a distance of 41.66 feet; (3) S 25°47'39" E
for a distance of 141.71 feet to a point; (4) by a curve to the
right having a radius of 220.00 feet for a distance of 174.58
feet, the chord of which is S 2°58'51" E for a distance of
170.03 feet to a point on line of other lands now or formerly of
The Commonwealth of Pennsylvania; extending thence along said
last mentioned lands N 83°09'00" W for a distance of 15.22 feet
to a point and the place of BEGINNING.
Containing 5,316 Square Feet
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Temporary Grading Easement #5
BEGINNING at a point on the eastern right of way line of
Kissel Hill Road (realigned), said point being located the
following two (2) courses and distances from the northwest
corner of lands now or formerly of The Commonwealth of
Pennsylvania (UPI NO. 390-11002-0-0000), namely:
(1) S 88°37'57" E 167.25 feet; (2) S 18°56'16" E 65.91 feet;
extending thence through lands now or formerly of The
Commonwealth of Pennsylvania (UPI NO. 390-11002-0-0000) the
following five (5) courses and distances, namely: (1) by a curve
to the right having a radius of 709.22 feet for a distance of
58.00 feet, the chord of which is S 50°05'51" E for a distance
of 57.98 feet to a point; (2) N 42°14'43" E for a distance of
10.00 feet to a point; (3) by a curve to the right having a
radius of 719.22 feet for a distance of 98.12 feet, the chord of
which is S 43°50'48" E for a distance of 98.04 feet to a point;
(4) S 39°56'09" E for a distance of 29.88 feet to a point;
(5) S 50°03'51" W for a distance of 15.00 feet to a point on the
northern legal right of way line of Landis Valley Road (S.R.
1014), a 60 foot wide public street; extending thence along said
last mentioned legal right of way line the following two (2)
courses and distances, namely: (1) N 39°56'09" W for a distance
of 29.88 feet to a point; (2) by a curve to the left having a
radius of 704.44 feet for a distance of 146.05 feet, the chord
of which is N 45°52'46" W for a distance of 145.79 feet to a
point on the eastern right of way line of Kissel Hill Road
(realigned); extending thence along said last mentioned right of
way line N 18°56'16" W for a distance of 9.13 feet to a point
and the place of BEGINNING.
Containing 2,175 Square Feet
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Stormwater Easement #1
BEGINNING at a rebar on the northern right of way line of
East Delp Road (a 60 foot wide public street), said point being
the southeast corner of lands now or formerly of David Costello;
extending thence along said last mentioned lands N 17°37'11" W
for a distance of 57.37 feet to a point on the eastern right of
way line of East Delp Road (realigned), a 60 foot wide public
street; extending thence along said last mentioned right of way
line the following two (2) courses and distances, namely:
(1) N 24°59'27" E for a distance of 101.29 feet to a point;
(2) N 72°21'51" E for a distance of 41.61 feet to a point on the
southern legal right of way line of Landis Valley Road (S.R.
1014), a 60 foot wide public street; extending thence along said
last mentioned legal right of way line the following two (2)
courses and distances, namely: (1) by a curve to the right
having a radius of 644.05 feet for a distance of 133.61 feet,
the chord of which is S 45°52'42" E for a distance of 133.37
feet to a point; (2) S 39°56'09" E for a distance of 4.71 feet
to a point on the northern right of way line of East Delp Road;
extending thence along said last mentioned right of way line S
69°04'47" W for a distance of 175.41 feet to a point and the
place of BEGINNING.
Containing 16,047 Square Feet
Stormwater Easement #2
BEGINNING at a point on the northern right of way line of
East Delp Road (a 60 foot wide public street), said point being
located the following two (2) courses and distances from the
southwest corner of lands now or formerly of The Commonwealth of
Pennsylvania, (1) S 12°54'50" E 60.10 feet;
(2) N 74°21'12" E 92.47 feet; extending thence along the
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southern right of way line of East Delp Road
N 74°21'12" E for a distance of 61.75 feet to a point;
extending thence through lands now or formerly of The
Commonwealth of Pennsylvania the following three (3) courses and
distances, namely:
(1) S 15°16'12" E for a distance of 25.26 feet to a point;
(2) S 74°25'12" W for a distance of 61.75 feet to a point; (3) N
15°16'12" W for a distance of 25.19 feet to a point and the
place of BEGINNING.
Containing 1,558 Square Feet
(c) Authorization for acceptance of former right-of-way.--
The Department of General Services, with the approval of the
Pennsylvania Historical and Museum Commission and the Governor,
is hereby authorized on behalf of the Commonwealth of
Pennsylvania to accept the right-of-way described under
subsection (d), to be abandoned by the Township of Manheim, at
the Landis Valley Museum, situate in the Township of Manheim,
County of Lancaster, to the Township of Manheim for $1.
(d) Property description of former right-of-way.--The former
right-of-way to be accepted pursuant to section 3 consists of
the following, situate in the Township of Manheim, County of
Lancaster, bounded and more particularly described as follows:
Former Right-of-Way
BEGINNING at a point on the northern right of way line of
Kissel Hill Road, said point being located N 12°30'00" W 38.13
feet from the southwest corner of lands now or formerly of The
Commonwealth of Pennsylvania (UPI No. 390-53494-0-0000);
extending thence along said last mentioned right of way line N
64°58'26" E for a distance of 48.51 feet to a point on the
western right of way line of Kissel Hill Road; extending thence
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along said last mentioned right of way line the following two
(2) courses and distances, namely: (1) by a curve to the left
having a radius of 187.81 feet for a distance of 87.55 feet, the
chord of which is N 2°35'45" E for a distance of 86.76 feet to a
point;
(2) N 9°55'51" W for a distance of 241.40 feet to a point on
the western right of way line of Kissel Hill Road (realigned);
extending thence along said last mentioned right of way line the
following two (2) courses and distances, namely: (1) by a curve
to the left having a radius of 530.00 feet for a distance of
146.74 feet, the chord of which is S 17°51'45" E for a distance
of 146.27 feet to a point; (2) S 25°47'39" E for a distance of
136.92 feet to a point on the eastern right of way line of
Kissel Hill Road; extending thence along said last mentioned
right of way line the following two (2) courses and distances,
namely: (1) by a curve to the right having a radius of 260.00
feet for a distance of 78.40 feet, the chord of which is S
6°29'01" W for a distance of 78.11 feet to a point; (2) S
9°58'39" E for a distance of 42.87 feet to a point at the
intersection of the eastern right of way line of Kissel Hill
Road and the northern right of way line of Kissel Hill Road
(realigned); extending thence along the northern right of way
line of Kissel Hill Road (realigned) S 78°56'12" W for a
distance of 30.17 feet to a point on the northern right of way
line of Landis Valley Road (S.R. 1014), a 60 foot wide public
street; extending thence along said last mentioned right of way
line by a curve to the left having a radius of 704.44 feet for a
distance of 90.67 feet, the chord of which is N 61°34'13" W for
a distance of 90.61 feet to a point and the place of BEGINNING.
Containing 13,911 Square Feet
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(e) Easement agreement and deed of easement.--The documents
to be executed by the Commonwealth of Pennsylvania pursuant to
this section shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
SECTION 2. CONVEYANCE IN CITY AND COUNTY OF PHILADELPHIA.
(A) AUTHORIZATION.--THE DEPARTMENT OF GENERAL SERVICES, WITH
THE APPROVAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
AND THE GOVERNOR, IS AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF
PENNSYLVANIA TO GRANT TO DREXEL UNIVERSITY A PERMANENT EASEMENT
ENCUMBERING THE FOLLOWING TRACT OF LAND, BEING THE SOUTHERN HALF
OF CUTHBERT STREET (VACATED), LOCATED BETWEEN 32ND STREET AND
33RD STREET IN THE CITY AND COUNTY OF PHILADELPHIA, UNDER TERMS
AND CONDITIONS TO BE ESTABLISHED IN AN EASEMENT AGREEMENT, WHICH
AGREEMENT SHALL INCLUDE DREXEL UNIVERSITY'S PROVISION TO THE
COMMONWEALTH OF PENNSYLVANIA, ITS SUCCESSORS AND ASSIGNS, IN
PERPETUITY, OF 35 PARKING SPACES FOR THE EXCLUSIVE USE OF THE
COMMONWEALTH OF PENNSYLVANIA, ITS SUCCESSORS AND ASSIGNS, AS FEE
TITLE OWNER OF THE PROPERTY KNOWN AS 3205-51 LANCASTER AVENUE,
PHILADELPHIA, PENNSYLVANIA.
(B) PROPERTY DESCRIPTION.--THE PROPERTY TO BE ENCUMBERED BY
A PERMANENT EASEMENT UNDER SUBSECTION (A) CONSISTS OF THE
FOLLOWING:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE 24TH
WARD OF THE CITY OF PHILADELPHIA, COUNTY OF PHILADELPHIA, AND
COMMONWEALTH OF PENNSYLVANIA, DESCRIBED ACCORDING TO A PLAN
ENTITLED "ALTA NSPS LAND TITLE SURVEY" OF PROPERTY OWNED BY LAND
N/F DREXEL UNIVERSITY, PREPARED BY PENNONI ASSOCIATES, INC.,
DATED OCTOBER 14, 2022, LAST REVISED JUNE 5, 2023, PROJECT
GATDV21001,TO WIT:
BEGINNING AT A POINT ON THE FORMER CENTERLINE OF THE FORMER
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CUTHBERT STREET (STRICKEN FROM CITY PLAN AND VACATED), SAID
POINT BEING S 11 DEGREES 01 MINUTES 00 SECONDS W, A DISTANCE OF
20.00 FEET, FROM THE INTERSECTION OF THE EASTERLY LINE OF LANDS
N/F OPA 88-5498280 AND THE FORMER NORTHERLY LINE OF THE
AFOREMENTIONED CUTHBERT STREET; THENCE, FROM SAID POINT OF
BEGINNING; (1) THROUGH THE BED OF AFOREMENTIONED CUTHBERT
STREET, S 11 DEGREES 01 MINUTES 00 SECONDS W, A DISTANCE OF
20.00', TO A POINT IN THE NORTHERLY LINE OF LANDS N/F OF OPA 77-
4520500, THENCE; (2) COINCIDENT WITH THE SAME, N 78 DEGREES 59
MINUTES 00 SECONDS W, A DISTANCE OF 283.00', TO A POINT IN THE
WESTERLY LINE OF LANDS OF THE SAME; THENCE; (3) DEPARTING SAID
LINE THROUGH THE BED OF AFOREMENTIONED CUTHBERT STREET, N 11
DEGREES 01 MINUTES 00 SECONDS E, A DISTANCE OF 20.00', TO A
POINT ON THE FORMER CENTERLINE OF THE AFOREMENTIONED CUTHBERT
STREET, THENCE; (4) COINCIDENT WITH THE SAME, S 78 DEGREES 59
MINUTES 00 SECONDS E, A DISTANCE OF 283.00', TO THE PLACE AND
POINT OF BEGINNING. SAID ABOVE DESCRIBED TRACT OR PARCEL OF
LAND CONTAINING WITH SAID BOUNDS 5,660 SQUARE FEET, OR 0.12994
ACRES OF LAND (MORE OR LESS).
BEING A PORTION OF OPA ACCOUNT NUMBER 774520500, KNOWN AS
3205-51 LANCASTER AVENUE, PHILADELPHIA, PENNSYLVANIA.
(C) CONDITIONS.--THE CONVEYANCE SHALL BE MADE UNDER AND
SUBJECT TO ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND
RIGHTS OF OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS,
ROADWAYS AND RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER,
ELECTRIC, GAS OR PIPELINE COMPANIES, AS WELL AS UNDER AND
SUBJECT TO ANY LAWFUL AND ENFORCEABLE ESTATES OR TENANCIES
VESTED IN THIRD PERSONS APPEARING OF RECORD, FOR ANY PORTION OF
THE LAND OR IMPROVEMENTS ERECTED THEREON.
(D) DEED OF CONVEYANCE.--THE CONVEYANCE SHALL BE MADE BY
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EASEMENT AGREEMENT TO BE EXECUTED BY THE SECRETARY OF GENERAL
SERVICES IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(E) EXPIRATION.--IN THE EVENT THAT THE CONVEYANCE AUTHORIZED
UNDER SUBSECTION (A) IS NOT COMPLETED WITHIN TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION, THE AUTHORITY TO CONVEY THE
EASEMENT AS SPECIFIED UNDER SUBSECTION (A) SHALL EXPIRE.
(F) PROCEEDS.--THE PROCEEDS FROM THE EASEMENT CONVEYANCE
UNDER THIS SECTION SHALL BE DEPOSITED INTO THE GENERAL FUND.
Section 2 3. Effective date.
This act shall take effect immediately.
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