Conveyance in the Borough of Lewistown, Mifflin County

Act 61 of 2019, § 2, under CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE TOWNSHIPS AND COUNTIES.

Act 61 of 2019, § 2

Section 2. Conveyance in the Borough of Lewistown, Mifflin County.

(a) Authorization.--The Department of General Services, with the approval of the Governor and the State Fire Commissioner, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Mifflin County a permanent easement from lands of the Commonwealth of Pennsylvania at the State Fire Academy situate in the Borough of Lewistown, Mifflin County, for the purpose of establishing and maintaining a recreational hiking trail, together with appurtenant parking for the benefit of the general public for $1 and under terms and conditions to be established in an easement agreement.

(b) Property description.--The permanent easement to be conveyed pursuant to subsection (a) consists of an area of approximately 1.02-acres, bounded and more particularly described as follows:

ALL that certain piece, parcel or lot of land situate in the Borough of Lewistown, County of Mifflin, Commonwealth of Pennsylvania, depicted on a plan prepared by The EADS Group, dated March 2019, as last revised, and being more fully described as follows:

BEGINNING at a point along Riverside Drive, THENCE North 57°22'17" East, 247.79 feet to a point of non-tangency;

THENCE South 85°11'29" East, 166.94 feet to the beginning of a curve concave southerly, said curve has a radius of 65.00 feet;

THENCE easterly along said curve through a central angle of 25°36'54" an arc distance of 29.06 feet to a point of tangency;

THENCE South 59°34'35" East, 81.41 feet to the beginning of a non-tangent curve concave southwesterly, said curve has a radius of 42.38 feet, to which a radial line bears North 30°45'54" East;

THENCE southeasterly along said curve through a central angle of 71°20'32" an arc distance of 52.77 feet to a point of non-tangency;

THENCE South 7°38'35" West, 28.79 feet to a point of non-tangency;

THENCE North 65°11'11" East, 72.23 feet to a point of non-tangency; to a shared boundary with now or formerly Mifflin Concrete, Inc, THENCE along that boundary South 46°20'50" East, 32.25 feet to a point of non-tangency;

THENCE South 65°11'11" West, 96.68 feet to the beginning of a curve concave southeasterly, said curve has a radius of 85.00 feet;

THENCE southwesterly along said curve through a central angle of 25°30'52" an arc distance of 37.85 feet to a point of tangency;

THENCE South 39°40'19" West, 344.42 feet to the beginning of a curve concave southeasterly, said curve has a radius of 85.00 feet;

THENCE southwesterly along said curve through a central angle of 14°14'23" an arc distance of 21.13 feet to a point of tangency;

THENCE South 25°25'56" West, 442.21 feet to a point of non-tangency; to a shared boundary with now or formerly Lowes Home Center, Inc;

THENCE along that boundary, North 77°36'20" West, 30.79 feet to a point of non-tangency;

THENCE North 25°25'56" East, 449.15 feet to the beginning of a curve concave southeasterly, said curve has a radius of 115.00 feet;

THENCE northeasterly along said curve through a central angle of 14°14'23" an arc distance of 28.58 feet to a point of tangency;

THENCE North 39°40'19" East, 344.42 feet to the beginning of a curve concave southeasterly, said curve has a radius of 115.00 feet;

THENCE northeasterly along said curve through a central angle of 10°19'14" an arc distance of 20.71 feet to a point of reverse curvature, said curve is concave northwesterly and has a radius of 15.00 feet;

THENCE northeasterly along said curve through a central angle of 42°20'58" an arc distance of 11.09 feet to a point of tangency;

THENCE North 7°38'35" East, 46.54 feet to the beginning of a non-tangent curve concave westerly and has a radius of 12.38 feet, to which a radial line bears South 74°05'35" East;

THENCE northerly along said curve through a central angle of 74°51'05" an arc distance of 16.18 feet to a point of non-tangency;

THENCE North 59°34'35" West, 81.29 feet to the beginning of a curve concave southerly and has a radius of 35.00 feet;

THENCE westerly along said curve through a central angle of 25°36'54" an arc distance of 15.65 feet to a point of tangency;

THENCE North 85°11'29" West, 192.42 feet to a point of non-tangency;

THENCE South 32°21'43" East, 21.67 feet to a point of non-tangency;

THENCE South 57°22'19" West, 119.98 feet to a point of non-tangency;

THENCE North 32°25'08" West, 14.73 feet to a point of non-tangency;

THENCE South 57°34'52" West, 89.30 to a point of non-tangency;

THENCE North 32°37'41" West, 14.95 feet to the point of beginning.

CONTAINING 1.02-acres.

The permanent easement is located entirely within the lands known as the State Fire Academy, acquired by an Indenture dated November 13, 1986 from the General State Authority to the Commonwealth of Pennsylvania, acting by and through the Department of General Services, and recorded at the Office of the Recorder of Deeds of Mifflin County at Deed Book 318, Page 998.

(c) Agreement.--The 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.

(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 recreational hiking trail, together with appurtenant parking, for the benefit of the general public and for no other purpose. Should the easement not be utilized for the purposes set forth in this section, the easement shall automatically extinguish.

(e) Costs and fees.--Costs and fees incidental to the conveyance described herein shall be borne by the grantee.

(f) Expiration.--If the parties have not entered into an easement agreement within two years of the effective date of this act, the authorization contained herein shall expire.