H. B. 2608

(By Delegates Rowe, Wallace and Compton)

[Passed March 11, 1995; in effect ninety days from passage.]

AN ACT 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:
§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:

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.