COMMITTEE SUBSTITUTE

FOR

H. B. 2608

(By Delegates Rowe, Wallace and Compton)

(Originating in the Committee on Political Subdivisions)

[ March 1, 1995]




A BILL to authorize the county commission of Greenbrier County to convey a parcel of county-owned land to Carnegie Hall Inc.; and reserving certain reversionary rights.

Be it enacted by the Legislature of West Virginia:
GREENBRIER COUNTY.
§1.County commission authorized to convey land to Carnegie Hall Inc., a corporation.
The Legislature hereby recognizes that Carnegie Hall Inc., a corporation, has operated Carnegie Hall since February 1, 1983, as a public cultural center for the advancement of the arts while making significant improvements to the historical structure known as Carnegie Hall providing faithful stewardship over this valuable historical and educational community asset. The Legislature further recognizes that ownership of Carnegie Hall and the adjacent real estate by Carnegie Hall Inc. will enable Carnegie Hall Inc. to attract more private sector financial support to enable an expansion of its physical structure as well as its arts and educational programming therefore benefiting children and adults who visit Carnegie Hall and utilize the facility and programs.
Accordingly, the Legislature hereby finds and declares that transfers of any property, real or personal, made by county commissions to any person, organization or corporation for the furtherance of such activities promotes the cultural and educational welfare of the public and, therefore, is a public purpose.
The county commission of Greenbrier County is hereby authorized and empowered to transfer and convey unto Carnegie Hall Inc., a corporation, all that certain parcel of land situated within Lewisburg, Lewisburg municipal tax district, in central magisterial district of Greenbrier County, West Virginia, more particularly bounded and described as:
DESCRIPTION OF PARCEL FOR CARNEGIE HALL INC.

That certain parcel of land situated within the city of Lewisburg, Lewisburg municipal tax district, in central magisterial district of Greenbrier County, West Virginia, being all of that certain lot or parcel of land containing 16,475 square feet, more or less, situate in Lewisburg, Greenbrier County, West Virginia, together with the improvements thereon, and appurtenances thereunto belonging, about 630 feet southwest of U.S. Route 60 on the west side of Church Street, and being more particularly bounded and described as:
"Beginning at a point, found on the west side of Church Street, a corner to Carnegie Hall, Inc.; thence with Church Street, S 37-26-40 W 12.16 feet to a railroad spike, set; thence leaving Church Street and through the County Commission of Greenbrier County, West Virginia, property, N 54-17 W 129.06 feet to a railroad spike, set; thence N 52-59-30 W 99.74 feet to a fence post; thence N 1-48 E 67.45 feet to a point on a concrete retaining wall, a corner to the Board of Directors of The State College System of West Virginia; thence with said College System, N 45-42 E 85.09 feet to a corner of the aforesaid retaining wall; thence S 85-24-30 E 72.52 feet to a re-bar, found, a corner to Carnegie Hall, Inc.; thence leaving The State College System of West Virginia and with Carnegie Hall, Inc., S 21-25-40 W 133.86 feet to a re-bar, found; thence S 4-04-30 W 29.30 feet to a re-bar, found; thence S 24-06 E 23.60 feet to a point; thence S 53-53-30 E 121.14 feet to the beginning and containing 16,475 square feet, more or less";
and being a part of the tract of land conveyed to the county commission of Greenbrier County, West Virginia, by the West Virginia Department of Health and Human Resources by deed dated April 18, 1994, recorded in the office of the clerk of the county commission of Greenbrier County, West Virginia, in deed book 426 at page 650.
A certain tract or parcel of land situated in Lewisburg Corporation, Greenbrier County, West Virginia, and located on the west side of Church Street, and more particularly described as follows:
Beginning at PK nail set on the western right-of-way of Church Street and on the northern edge of a private drive on the property of State of West Virginia, Department of Mental Health; thence leaving right-of-way of Church Street and through the property of State of West Virginia N 48° 0254 W 121.14 to a PK nail set in said private drive; thence N 18°1528 W 23.60 to a PK nail set in said private drive; thence N 09°5512 E 29.30 to a rebar set on the edge of said private drive; thence N 27°1623 E 133.86 to a rebar set; thence S 67°1358 E passing a rebar set at 206.10 , in all 208.11 to a point on face of a rock wall, on the western right-of-way of Church Street, said point is located S 41°3930 W 397.87 from a West Virginia Department of Highways Concrete Monument at the intersection of Washington Street and Church Street; thence with right-of-way of Church Street S 43°1719 W 234.50 to the beginning and containing 0.80 acre more or less as surveyed by Brackenrich and Associates, Incorporated in June 1991.
Any proper conveyance made by the county commission of Greenbrier county transferring ownership of the above-described parcel to Carnegie Hall Inc. shall contain a provision that ownership of such property shall revert to the county commission should the land cease to be used for the purposes heretofore stated.