Section 2. Conveyance of easement and release of restrictions in Rose Valley Lake, Gamble Township, Lycoming County.
(a) Authorization.--The General Assembly hereby authorizes the Pennsylvania Fish and Boat Commission to grant and convey to Robert Maguire, subject to residential use and utility line access only restrictions and free of restrictions on use and alienation imposed by section 20 of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act, an access easement on land situate in Gamble Township, Lycoming County, and described in subsection (b) in exchange for that certain property to be conveyed to the commission described in subsection (c) and subject to Project 70 restrictions and under other terms and conditions described in subsection (d).
(b) Description of property to be conveyed by commission.-- The 33-feet-wide access easement to be conveyed by the commission and to be released from Project 70 restrictions is described as all that certain piece or parcel of land situate in Gamble Township, County of Lycoming, Commonwealth of Pennsylvania, more particularly described as a portion of the lands conveyed in the deed found in Lycoming County Deed Book 553, page 470, and further described as the area extending 16.5 feet perpendicular from and running parallel to the centerline described as follows:
BEGINNING at a point in the southerly right-of-way of Township Road 691 (Trimble Road), at the centerline of an existing farm drive leading to the proposed Toad Hall Subdivision, said subdivision being lands now or formerly of Robert A. Maguire; THENCE through lands now or formerly of the Pennsylvania Fish and Boat Commission's Rose Valley Lake property along the centerline of said existing farm drive the following courses and distances:
Along a curve to the left having a radius of 256.00 feet, an arc length of 132.89 feet, chord bearing of S 33°35'42"E and a chord distance of 131.40 feet to a point,
Along a curve to the right having a radius of 912.00 feet, an arc length of 140.64 feet, chord bearing of S 44°02'52"E and a chord distance of 140.50 feet to a point,
Along a curve to the right having a radius of 315.00 feet, an arc length of 81.50 feet, chord bearing of S 32°13'05"E and a chord distance of 81.27 feet to a point,
Along a curve to the right having a radius of 520.00 feet, an arc length of 159.10 feet, chord bearing of S 16°02'30"E and a chord distance of 158.48 feet to a point,
S 01°55'35"W and a distance of 99.55 feet to a point,
Along a curve to the left having a radius of 136.00 feet, an arc length of 55.91 feet, chord bearing of S 09°51'06"E and a chord distance of 55.52 feet to a iron pin at the common corner of Lot #1 and Lot #3 at the westerly side of the said proposed subdivision and corner being located S 05°51'24"W a distance of 12.58 feet from an iron pin in the northwesterly corner of Lot #1 of the said proposed subdivision and being depicted as corner #11 on the Pennsylvania Fish Commission, Mill Creek Dam Site (now Rose Valley Lake), Composite Property Plan", dated February 29, 1968.
CONTAINING approximately 0.5 acres (670 linear feet). Easement lines extended or contracted as required to intersect the property lines.
Final area and configuration is subject to local zoning and subdivision requirements.
(c) Description of property to be conveyed to commission.-- The property to be conveyed to the commission and on which Project 70 restrictions will be imposed is described as fee title to all that certain piece or parcel of land situate in Gamble Township, County of Lycoming, Commonwealth of Pennsylvania more particularly described as a portion of the lands conveyed in the deed found in Lycoming County Deed Book 5317, page 86, described as all that certain piece or parcel of land more particularly described as follows:
COMMENCING at a iron pin, in the northwesterly corner of Lot #1 of the proposed Toad Hall Subdivision, and being the corner of lands now or formerly of the Pennsylvania Fish and Boat Commission, depicted as corner #11 on the Pennsylvania Fish Commission, Mill Creek Dam Site (now Rose Valley Lake), Composite Property Plan", dated February 29, 1968; THENCE along the common line of Lot #1 and Lot #3 of said subdivision and the said lands of the Pennsylvania Fish and Boat Commission, passing over an iron pin at 12.58 feet in the centerline of a 33 feet access easement running southerly from Township Road T-691 (Trimble Road), S 05°51'24"W a distance of 356.86 feet to the POINT OF BEGINNING, being a iron pin in the westerly line of Lot #3 of the said subdivision and depicted as corner #10 on the said Pennsylvania Fish Commission Composite Property Plan; THENCE along said Lot #3 and Residual Lot of the said subdivision, passing over an iron pin at 256.46 feet at the common corner of Lot #3 and residual Lot, S 19°01'45"W a distance of 428.66 feet to iron pin in the easterly line of lands now or formerly of George E. Cook; THENCE along said lands of Cook, N 25°58'53"W a distance of 287.37 feet to an existing iron pin in said lands of the Pennsylvania Fish and Boat Commission and depicted as corner #9 on the said Pennsylvania Fish Commission Composite Property Plan; THENCE along said lands of the Pennsylvania Fish and Boat Commission, N 61°03'29"E a distance of 303.57 feet to an iron pin and the POINT OF BEGINNING.
CONTAINING 1.000 acres and being Lot #4 of the proposed Toad Hall Subdivision.
Final area and configuration is subject to local zoning and subdivision requirements.
(d) Other terms and conditions.--The conveyance of the access easement under subsection (b) will be subject to all easements and encumbrances of record and the following terms and conditions:
(1) The access easement shall be expressly limited to the commission's use and to serving the Maguire property, being a portion of the lands described in the Lycoming County Deed Book 5317, page 86, and more particularly described as Lot #s 1, 2 and 3 and residual lot as depicted on the proposed Toad Hall subdivision plan.
(2) Use of the access easement shall be limited to residential use and utility line access for underground electrical, gas, water, telecommunication and sewer lines servicing residential dwellings or farming operations only.
(3) Said Robert Maguire shall grant the commission a conservation easement restricting development to four residential lots on the property described in paragraph (1).
(4) Said Robert Maguire shall pay the commission $15,000.
(5) The parties will resolve issues relating to the Federal Land and Water Conservation Fund.
(e) Deed restriction.--The restriction to be included in the deed of conveyance for the parcel described in subsection (c) shall be as follows:
This indenture is given to provide land for recreation, conservation and historical purposes, as said purposes are defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land Acquisition and Borrowing Act.
(f) Cost.--Costs and fees incidental to the conveyances shall be borne by said Robert Maguire.