PRINTER'S NO. 2933
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2079
Session of
2019
INTRODUCED BY COMITTA, NOVEMBER 20, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 20, 2019
AN ACT
Authorizing the Department of General Services, with the
approval of West Chester University of Pennsylvania of the
State System of Higher Education and the Governor, to grant
and convey to Aqua Pennsylvania, Inc., or its assigns, an
existing water tower and permanent utility easement from
lands of the Commonwealth at West Chester University of
Pennsylvania, situate in the Borough of West Chester, Chester
County, for the purpose of public water distribution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance authorization.
The Department of General Services, with the approval of
West Chester University of Pennsylvania of the State System of
Higher Education and the Governor, is hereby authorized on
behalf of the Commonwealth to grant and convey to Aqua
Pennsylvania, Inc., or its assigns, a potable water tower and
all appurtenances thereto, together with a permanent utility
easement from lands of the Commonwealth at West Chester
University of Pennsylvania, situate in the Borough of West
Chester, Chester County, for the purpose of public water
distribution, for $1, under terms and conditions to be
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established in an easement agreement.
Section 2. Property description.
The permanent utility easement to be conveyed under section 1
total approximately 4,484 square feet of land and bounded and
more particularly described as follows:
ALL THAT CERTAIN Water Tank Easement situate in the Borough
of West Chester, County of Chester, Commonwealth of
Pennsylvania, as shown on the plan entitled "Permanent Easement,
West Chester University Potable Water Tank" prepared for Aqua
Pennsylvania, Inc., dated June 15, 2015, by Howell Kline
Surveying, LLC., West Chester, PA, being more particularly
described as follows:
BEING a circular easement, having a diameter of 75.6 feet,
centered on the existing water tank, and extending radially in
all directions a distance of 37.8 feet, (10 feet from the drip
line of the existing tank), as shown on said plan, the radius
point of said circular easement being located the following five
(5) courses and distances from a remote point of beginning, a
point at the intersection of the southwesterly Right-of-Way line
of South Church Street (50' wide Right-of-Way) and the
southeasterly Right-of-Way of Sharpless Street (50' wide Right-
of-Way): 1) along said southeasterly Right-of-Way line of
Sharpless Street, South 58 05' 18" West, 1051.36 feet, to a
point on the northeasterly Right-of-Way line of New Street (60'
wide Right-of-Way); 2) along said Right-of-Way line of New
Street, South 29 40' 17" East, 306.41 feet, to a point, a corner
of a Proposed 20' wide Access Easement; 3) leaving said Right-
of-Way and continuing along said Easement the next two courses
and distances, North 57 01' 40" East, 151.76 feet, to a point;
4) South 62 06' 19" West, 300.83 feet, to a point; and 5) North
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68 53' 40" East, 219.94 feet, to the center of the existing
water tank, and the radius point for the aforesaid easement.
CONTAINING 4,484 square feet of land, be the same more or
less.
ALONG WITH an appropriate means of ingress and egress thereto
through the lands of the Commonwealth of Pennsylvania at West
Chester University of Pennsylvania.
Section 3. Execution by Secretary of General Services.
The bill of sale, 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.
Section 4. Costs and fees.
Costs and fees incidental to the conveyance authorized under
this act shall be borne by the grantee.
Section 5. Expiration.
If the parties have not entered into a bill of sale and
easement agreement within three years of the effective date of
this act, the authorization provided under this act shall
expire.
Section 6. Effective date.
This act shall take effect immediately.
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