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PRINTER'S NO. 1783
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1214
Session of
2020
INTRODUCED BY ARGALL, JUNE 18, 2020
REFERRED TO STATE GOVERNMENT, JUNE 18, 2020
AN ACT
Authorizing the Department of General Services, with the
approval of the Department of Corrections and the Governor,
to grant and convey to the Schuylkill County Municipal
Authority an easement from lands of the Commonwealth of
Pennsylvania at the State Correctional Institution Mahanoy
situate in Mahanoy Township, County of Schuylkill, for the
purpose of establishing, utilizing and maintaining water
wells and appurtenances thereto related to potable water
production and distribution for the benefit of customers
within the authority's service territory.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Conveyance in Mahanoy Township, Schuylkill County.
(a) Authorization.--The Department of General Services, with
the approval of the Department of Corrections and the Governor,
is hereby authorized on behalf of the Commonwealth of
Pennsylvania to grant and convey to the Schuylkill County
Municipal Authority a permanent easement from lands of the
Commonwealth of Pennsylvania at the State Correctional
Institution Mahanoy, situate in Mahanoy Township, County of
Schuylkill, for the purpose of establishing, utilizing and
maintaining water wells and appurtenances thereto related to
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potable water production and distribution for the benefit of
customers within the authority's service territory for $1.00 and
under terms and conditions to be established in an easement
agreement.
(b) Property description.--The permanent utility easement to
be conveyed pursuant to subsection (a) shall initially consist
of an easement area totaling approximately 23.74 acres of land,
bounded and more particularly described as follows:
BEGINNING at a concrete monument, located on the North Right-
of-Way line of Morea Road (S.R. 1008) and on the line between
West Mahanoy and Mahanoy Townships, said point being a common
corner with the John Riele tract of property of GCC Realty, Inc.
and Township line N 01° 14' 46" W a distance of 849.26' to a
point on the South Right-of-Way of Pennsylvania Power and Light
Company, being 100' wide; thence along said South Right-of-Way
lien of Pennsylvania Power and Light Company S 80° 35' 34" E a
distance of 1,300.00' to a point; thence leaving said Right-of-
Way S 20° 20' 11" E a distance of 577.51' feet to a point on the
North Right-of-Way lien of Morea Road (S.R. 1008); thence along
said Right-of-Way of Morea Road the following three (3) courses
and distances:
1. S 68° 57' 07" W a distance of 25.00' to a point.
2. Along a curve to the right having a radius of 1,940.30',
an arc length of 835.86', and a long chord bearing and distance
of S 81° 17' 35" W, 829.41' to a point.
3. N 86° 21' 57" W a distance of 622.82' to a concrete
monument, the point of BEGINNING.
CONTAINING 23.74-acres (1,034,151.43 square feet) of land.
(c) Easement agreement.--The easement agreement shall
provide for the easement area to be reduced after initial
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installation of the Schuylkill County Municipal Authority's
potable water production and distribution facilities to include
only such area as is reasonably required for the operation,
maintenance, repair and replacement of the facilities. The
easement agreement and any other documents necessary to
effectuate the conveyance in 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, only for establishing,
utilizing and maintaining water wells and appurtenances thereto
for potable water production and distribution for the benefit of
customers within the grantee's service territory and for no
other purpose. Should the easement not be utilized for the
purposes specified in this subsection, the easement shall
automatically extinguish.
(e) Costs and fees.--Costs and fees incidental to the
conveyance described in 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.
Section 2. Effective date.
This act shall take effect immediately.
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