S0130B1024A02207 PWK:JSL 06/19/19 #90 A02207
AMENDMENTS TO SENATE BILL NO. 130
Sponsor: REPRESENTATIVE M. K. KELLER
Printer's No. 1024
Amend Bill, page 1, line 5, by striking out the period after
"Montour" and inserting
; authorizing the Department of General Services, with the
approval of the Governor, to grant and convey to the County
of Mifflin certain lands of the Commonwealth of Pennsylvania
at the State Fire Academy situate in the Borough of
Lewistown, Mifflin County, together with appurtenant parking,
for the benefit of the general public; and authorizing the
Department of General Services, with the approval of
Shippensburg University of Pennsylvania of the State System
of Higher Education and the Governor, to grant and convey to
the Cumberland Valley Rails to Trails Council a permanent
easement from lands of the Commonwealth of Pennsylvania at
Shippensburg University of Pennsylvania situate in
Shippensburg Township, Cumberland County, for the purpose of
establishing and maintaining a parking lot for the benefit of
the general public utilizing the Cumberland Valley Rail
Trail.
Amend Bill, page 1, line 8, by striking out "Authorization
for release" and inserting
Release of restriction in Montour County
Amend Bill, page 1, line 9, by inserting before "The"
(a) Authorization.--
Amend Bill, page 2, lines 3 and 4, by striking out all of
said lines and inserting
(b) Property description.--The use restriction and
associated reversionary interest
Amend Bill, page 2, line 5, by striking out "section 1" and
inserting
subsection (a)
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Amend Bill, page 5, lines 6 through 8, by striking out all of
said lines and inserting
(c) Description of restriction and reversionary interest.--
The use restriction and associated reversionary interest
Amend Bill, page 5, line 9, by striking out "section 1" and
inserting
subsection (a)
Amend Bill, page 5, lines 15 and 16, by striking out all of
said lines and inserting
(d) Legal instruments.--Any legal instruments necessary to
release the use
Amend Bill, page 5, line 17, by inserting after "interest"
under this section
Amend Bill, page 5, lines 20 and 21, by striking out all of
said lines and inserting
(e) Costs and fees.--Any costs and fees incidental to the
release
Amend Bill, page 5, line 22, by inserting after "authorized"
under this section
Amend Bill, page 5, lines 23 and 24, by striking out all of
said lines and inserting
(f) Proceeds.--Any proceeds received by the Department of
General Services
Amend Bill, page 5, line 25, by striking out "hereby"
Amend Bill, page 5, line 25, by inserting after "authorized"
under this section
Amend Bill, page 5, lines 27 and 28, by striking out all of
said lines and inserting
(g) Definition.--As used in this section, the term "Act 109
of 1994" shall mean the act of December 7,
Amend Bill, page 6, by inserting between lines 22 and 23
Section 2. Conveyance in the Borough of Lewistown, Mifflin
County.
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(a) Authorization.--The Department of General Services, with
the approval of the Governor and the State Fire Commissioner, is
hereby authorized on behalf of the Commonwealth of Pennsylvania
to grant and convey to Mifflin County a permanent easement from
lands of the Commonwealth of Pennsylvania at the State Fire
Academy situate in the Borough of Lewistown, Mifflin County, for
the purpose of establishing and maintaining a recreational
hiking trail, together with appurtenant parking for the benefit
of the general public for $1 and under terms and conditions to
be established in an easement agreement.
(b) Property description.--The permanent easement to be
conveyed pursuant to subsection (a) consists of an area of
approximately 1.02-acres, bounded and more particularly
described as follows:
ALL that certain piece, parcel or lot of land situate in the
Borough of Lewistown, County of Mifflin, Commonwealth of
Pennsylvania, depicted on a plan prepared by The EADS Group,
dated March 2019, as last revised, and being more fully
described as follows:
BEGINNING at a point along Riverside Drive, THENCE North
57°22'17" East, 247.79 feet to a point of non-tangency;
THENCE South 85°11'29" East, 166.94 feet to the beginning of
a curve concave southerly, said curve has a radius of 65.00
feet;
THENCE easterly along said curve through a central angle of
25°36'54" an arc distance of 29.06 feet to a point of tangency;
THENCE South 59°34'35" East, 81.41 feet to the beginning of a
non-tangent curve concave southwesterly, said curve has a radius
of 42.38 feet, to which a radial line bears North 30°45'54"
East;
THENCE southeasterly along said curve through a central angle
of 71°20'32" an arc distance of 52.77 feet to a point of non-
tangency;
THENCE South 7°38'35" West, 28.79 feet to a point of non-
tangency;
THENCE North 65°11'11" East, 72.23 feet to a point of non-
tangency; to a shared boundary with now or formerly Mifflin
Concrete, Inc, THENCE along that boundary South 46°20'50" East,
32.25 feet to a point of non-tangency;
THENCE South 65°11'11" West, 96.68 feet to the beginning of a
curve concave southeasterly, said curve has a radius of 85.00
feet;
THENCE southwesterly along said curve through a central angle
of 25°30'52" an arc distance of 37.85 feet to a point of
tangency;
THENCE South 39°40'19" West, 344.42 feet to the beginning of
a curve concave southeasterly, said curve has a radius of 85.00
feet;
THENCE southwesterly along said curve through a central angle
of 14°14'23" an arc distance of 21.13 feet to a point of
tangency;
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THENCE South 25°25'56" West, 442.21 feet to a point of non-
tangency; to a shared boundary with now or formerly Lowes Home
Center, Inc;
THENCE along that boundary, North 77°36'20" West, 30.79 feet
to a point of non-tangency;
THENCE North 25°25'56" East, 449.15 feet to the beginning of
a curve concave southeasterly, said curve has a radius of 115.00
feet;
THENCE northeasterly along said curve through a central angle
of 14°14'23" an arc distance of 28.58 feet to a point of
tangency;
THENCE North 39°40'19" East, 344.42 feet to the beginning of
a curve concave southeasterly, said curve has a radius of 115.00
feet;
THENCE northeasterly along said curve through a central angle
of 10°19'14" an arc distance of 20.71 feet to a point of reverse
curvature, said curve is concave northwesterly and has a radius
of 15.00 feet;
THENCE northeasterly along said curve through a central angle
of 42°20'58" an arc distance of 11.09 feet to a point of
tangency;
THENCE North 7°38'35" East, 46.54 feet to the beginning of a
non-tangent curve concave westerly and has a radius of 12.38
feet, to which a radial line bears South 74°05'35" East;
THENCE northerly along said curve through a central angle of
74°51'05" an arc distance of 16.18 feet to a point of non-
tangency;
THENCE North 59°34'35" West, 81.29 feet to the beginning of a
curve concave southerly and has a radius of 35.00 feet;
THENCE westerly along said curve through a central angle of
25°36'54" an arc distance of 15.65 feet to a point of tangency;
THENCE North 85°11'29" West, 192.42 feet to a point of non-
tangency;
THENCE South 32°21'43" East, 21.67 feet to a point of non-
tangency;
THENCE South 57°22'19" West, 119.98 feet to a point of non-
tangency;
THENCE North 32°25'08" West, 14.73 feet to a point of non-
tangency;
THENCE South 57°34'52" West, 89.30 to a point of non-
tangency;
THENCE North 32°37'41" West, 14.95 feet to the point of
beginning.
CONTAINING 1.02-acres.
The permanent easement is located entirely within the lands
known as the State Fire Academy, acquired by an Indenture dated
November 13, 1986 from the General State Authority to the
Commonwealth of Pennsylvania, acting by and through the
Department of General Services, and recorded at the Office of
the Recorder of Deeds of Mifflin County at Deed Book 318, Page
998.
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(c) Agreement.--The easement agreement, and any other
documents necessary to effectuate the above described
conveyance, shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(d) Restrictive covenants.--The easement agreement shall
contain a provision that the easement shall be utilized by the
grantee, its successors or assigns, solely for the purposes of
establishing and maintaining a recreational hiking trail,
together with appurtenant parking, for the benefit of the
general public and for no other purpose. Should the easement not
be utilized for the purposes set forth in this section, the
easement shall automatically extinguish.
(e) Costs and fees.--Costs and fees incidental to the
conveyance described herein shall be borne by the grantee.
(f) Expiration.--If the parties have not entered into an
easement agreement within two years of the effective date of
this act, the authorization contained herein shall expire.
Section 3. Conveyance in Shippensburg Township, Cumberland
County.
(a) Authorization.--The Department of General Services, with
the approval of Shippensburg University of Pennsylvania of the
State System of Higher Education and the Governor, is authorized
on behalf of the Commonwealth of Pennsylvania to grant and
convey to the Cumberland Valley Rails to Trails Council a
permanent easement from lands of the Commonwealth of
Pennsylvania at Shippensburg University of Pennsylvania situate
in the Shippensburg Township, Cumberland County, for the purpose
of establishing and maintaining a parking lot for the benefit of
the general public utilizing the Cumberland Valley Rail Trail
for $1 and under terms and conditions to be established in an
easement agreement.
(b) Property description.--The permanent easement to be
conveyed under subsection (a) consists of approximately 4,352
square feet of land, bounded and more particularly described as
follows:
ALL that certain piece, parcel or lot of land situate on the
north side of Fort Street within the lands now or formerly of
the Commonwealth of Pennsylvania, Department of General Services
(Shippensburg University) in Shippensburg Township, Cumberland
County, Pennsylvania and being more fully described as follows:
BEGINNING at a concrete monument on the northern right-of-way
line of Fort Street where it is intersected by the eastern
boundary line of lands of Cumberland Valley Rails to Trails
Council; thence along said boundary line N 06º35'32" E a
distance of 165.48 feet to a point; thence extending through
lands of the Commonwealth of Pennsylvania, Department of General
Services (Shippensburg University) S 88º41'17" E a distance of
23.03 feet to a point; thence continuing through same S
03º09'10" W a distance of 149.06 feet to a point on the northern
right-of-way line of Fort Street; thence along said right-of-way
line S 66º02'54" W a distance of 37.01 feet to a concrete
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monument, the point of BEGINNING.
CONTAINING 4,352 square feet.
(c) Easement agreement.--The easement agreement and any
other documents necessary to effectuate the conveyance under
this section shall be executed by the Secretary of General
Services in the name of the Commonwealth of Pennsylvania.
(d) Restrictive covenants.--The easement agreement shall
contain a provision that the easement shall be utilized by the
grantee, its successors or assigns, solely for the purposes of
establishing and maintaining a parking lot for the benefit of
the general public utilizing the Cumberland Valley Rail Trail
and for no other purpose. Should the easement not be utilized
for the purposes specified in this section, the easement shall
automatically be extinguished.
(e) Costs and fees.--Costs and fees incidental to the
conveyance under this section shall be borne by the grantee.
(f) Expiration.--In the event that the parties have not
entered into an easement agreement within two years of the
effective date of this section, the authorization contained in
this section shall expire.
Amend Bill, page 6, line 23, by striking out "8" and
inserting
4
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