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 potable water production and distribution for the benefit of customers within the authority's service territory for $1 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 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.