Section 8. (a) The Department of General Services, with the approval of the Governor and the Secretary of Environmental Resources, is hereby authorized and directed, on behalf of the Commonwealth of Pennsylvania, to grant and convey to the Pavia Cemetery Association the following tract of land bounded and described as follows:
All that certain lot, piece or parcel of land situated in the Township of Union, County of Bedford, Commonwealth of Pennsylvania, bounded and described as follows:
Beginning at a concrete marker, a common corner with the Pavia Cemetery Association; thence through the lands of the grantor, north 00 degrees 11 minutes 40 seconds west 430.46 feet to a concrete marker; thence through the lands of the grantor, south 86 degrees 41 minutes 40 seconds east 304.15 feet to a concrete marker; thence through the lands of the grantor, south 00 degrees 11 minutes 40 seconds east 430.46 feet to a concrete marker; thence with the lands of the Pavia Cemetery Association, north 86 degrees 41 minutes 40 seconds west 304.15 feet to a concrete marker, the place of beginning.
Containing 3.00 acres as shown on a draft of survey by Diehl & Whetstone.
Being a portion of Parcel 11 as contained in the deed from the United States of America to the Commonwealth of Pennsylvania dated September 26, 1945, and recorded in Bedford County Deed Book 239, Page 251.
(b) The conveyance authorized by subsection (a) shall be in exchange for the conveyance by Pavia Cemetery Association to the Commonwealth of Pennsylvania of a tract of land bounded and described as follows:
All that certain tract of land situate in the Township of Union, County of Bedford, and the Commonwealth of Pennsylvania, more particularly bounded and described as follows:
Beginning at a corner being the southeast corner of the whole tract; thence with the lands of William Shaffer, north 69 degrees 13 minutes west 252.08 feet to a concrete marker on the east bank of Pavia Run; thence with the east bank of Pavia Run, north 12 degrees 35 minutes west 76.35 feet to a concrete marker on the east bank of Pavia Run; thence with the lands of Shannon Ickes, south 82 degrees 13 minutes east 23.10 feet to an apple tree; thence with the lands of Shannon Ickes, north 12 degrees 57 minutes west 119.30 feet to a concrete marker; thence with the lands of Shannon Ickes, north 15 degrees 17 minutes west 72.0 feet to a concrete marker on the east bank of Pavia Run; thence with the lands of Shannon Ickes, north 08 degrees 19 minutes west 82.22 feet to a concrete marker; thence with the lands of Dorothy Dibert, the grantor, south 78 degrees 52 minutes east 209.85 feet to a concrete marker; thence with the lands of Dorothy Dibert, north 02 degrees 42 minutes east 209.33 feet to a concrete marker on the lands of Norman Cathers; thence with the lands of Norman Cathers and Blue Knob State Park, south 85 degrees 01 minute east 178.71 feet to a concrete marker; thence with the lands of Blue Knob State Park, south 10 degrees 25 minutes west 590.62 feet to a concrete marker, the place of beginning.
Containing 3.15 acres as shown on a draft of Diehl & Whetstone.
Being part of a larger tract of land that became vested in Dorothy Dibert, by deed recorded in Bedford County Deed Book 298, Page 258.
(c) Conveyance of the land described in subsection (a) shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon.
(d) The deed of conveyance of the property described in subsection (a) shall contain a clause that the property conveyed shall be used for the purpose of maintaining a cemetery by Pavia Cemetery Association, and, if at any time Pavia Cemetery Association or its successor in function conveys the property or permits the property to be used for any purpose other than the purpose specified in this subsection, the title to the property shall immediately revert to and revest in the Commonwealth of Pennsylvania.
(e) (1) The conveyance authorized by subsection (b) shall be made upon the express condition that the Commonwealth shall use the property conveyed exclusively for public park, recreation and conservation purposes.
(2) The deed of conveyance of the property described in subsection (b) shall contain a clause that the property, conveyed together with improvements and equipment thereon, shall be used for public park, recreation and conservation purposes by the Commonwealth of Pennsylvania and, if the Secretary of the Interior of the United States finds, after notice to the Commonwealth and an opportunity for a hearing, that the Commonwealth has not complied with the condition imposed by paragraph (1) for a period of more than three years, the title to the property shall immediately revert to and revest in the United States of America. The clause shall also provide that the finding of the Secretary of the Interior shall be final and conclusive.
(f) The land exchange authorized by subsections (a) and (b) is further conditioned upon the establishment of a perpetual and permanent easement and right-of-way affecting a certain tract of land situated in the Township of Union, County of Bedford, Commonwealth of Pennsylvania. The easement and right-of-way is bounded and described as follows:
Beginning at a concrete marker, a common corner with Dorothy Dibert and Shannon Ickes; thence with the lands of Ickes south 8 degrees 19 minutes east 30.54 feet to a concrete marker; thence through the lands of Shannon Ickes north 87 degrees 29 minutes west 53.95 feet to a nail in the center line of Township Route 646; thence with the center line of the road north 00 degrees 22 minutes west 30.03 feet to a nail in the center line of the road; thence with the lands of Dorothy Dibert and crossing Pavia Run south 87 degrees 29 minutes east 49.73 feet to the place of beginning.
Being a 30-foot right-of-way to be conveyed to the Commonwealth of Pennsylvania by Shannon Ickes to and from the property described in subsection (b) and shown on a draft of survey by Diehl & Whetstone.
(g) The parties to the transaction shall bear their respective costs.