PRINTER'S NO. 601
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
538
Session of
2019
INTRODUCED BY REGAN AND J. WARD, APRIL 10, 2019
REFERRED TO STATE GOVERNMENT, APRIL 10, 2019
AN ACT
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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
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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 utility 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
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.
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(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.
Section 2. Effective date.
This act shall take effect immediately.
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