Conveyance in Union Township, Lebanon County

Act 20 of 2022, § 1, under CONVEYANCE - COMMONWEALTH PROPERTY IN UNION TOWNSHIP, LEBANON COUNTY AND IN WHITEMARSH AND SPRINGFIELD TOWNSHIPS, MONTGOMERY COUNTY.

Act 20 of 2022, § 1

Section 1. Conveyance in Union Township, Lebanon County.

(a) Authorization.--The Department of Conservation and Natural Resources, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Kyle A. and Tamara J. Boltz certain lands situate in Union Township, Lebanon County, in exchange for that certain property to be conveyed to the Commonwealth of Pennsylvania in accordance with subsection (c).

(b) Property description.--The property to be conveyed in accordance with this section consists of approximately 4.191 acres, located in Union Township, Lebanon County, Commonwealth of Pennsylvania, being a portion of that land conveyed by the United States of America acting by and through the Regional Director, National Park Service, Mid-Atlantic Region, pursuant to authority delegated by the Secretary of the Interior, and as authorized by the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 91-485 (84 Stat. 1084), and regulations and orders promulgated thereunder to Bureau of State Parks, Commonwealth of Pennsylvania, by deed dated April 12, 1989, and recorded in the Office of the Recorder of Deeds of Lebanon County, Pennsylvania, in Deed Book 285 at Page 109. Beginning at a point marked with rebar, said point being located along the common division line between Kyle A. and Tamara J. Boltz and the Commonwealth of Pennsylvania, said point being Southerly corner of the lands of the Commonwealth of Pennsylvania herein described; thence, along the line of lands of Kyle A. and Tamara J. Boltz, North fourteen degrees forty-three minutes fifty seconds East (N 14º43'50" E) a distance of one thousand one hundred twenty and eighty-two hundredth feet (1120.82 ft) to a point marked with rebar; thence, through the lands of the Commonwealth of Pennsylvania, South seventy-five degrees fifteen minutes fifty seconds East (S 75º15'50" E) a distance of three hundred thirty-one and ten hundredths feet (331.10); thence, along common division line between the lands of the Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty-four degrees thirty-eight minutes twenty-one seconds West (S 34º38'21" W) a distance of eighty-four and ninety-three hundredths feet (84.93 ft) to a point marked with a pipe; thence, along common division line between the lands of the Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty degrees fifty-seven minutes three seconds West (S 30º57'03" W) a distance of four hundred forty-six and sixty-four hundredths feet (446.64 ft) to a point marked with a pipe; thence, along common division line between the lands of the Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty degrees fifty-one minutes forty-nine seconds West (S 30º51'49" W) a distance of two hundred sixty-one and sixty-seven hundredths feet (261.67 ft) to a point marked with a pipe; thence, along common division line between the lands of the Commonwealth of Pennsylvania and Kyle A. and Tamara J. Boltz, South thirty degrees fifty-six minutes twelve seconds West (S 30º56'12" W) a distance of three hundred seventy-five and eighty hundredths feet (375.80 ft) to the point of beginning; containing an area of 4.191 acres.

(c) Conveyance of lands to Commonwealth.--The Department of Conservation and Natural Resources, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to receive from Kyle A. and Tamara J. Boltz certain lands situate in Union Township, Lebanon County, in exchange for that property to be conveyed to Kyle A. and Tamara J. Boltz in accordance with this section.

(d) Property description of lands to Commonwealth.--The property to be conveyed in accordance with subsection (c) consists of approximately 11.908 acres, located in Union Township, Lebanon County, Commonwealth of Pennsylvania, being a portion of that land conveyed by David A. Carbaugh to Kyle A. and Tamara J. Boltz by deed dated August 8, 2002, and recorded in the Office of the Recorder of Deeds of Lebanon County, Pennsylvania, in Deed Book 2010 at Page 3375. Also being a portion of that land recorded in a boundary line agreement between Kyle A. and Tamara J. Boltz and Charles and Patricia A. Gamler and recorded in the Office of the Recorder of Deeds of Lebanon County, Pennsylvania, on August 24, 2004, in Deed Book 2050 at Page 4634; and being Tract 5 on the final lot line relocation plan for the Commonwealth and Kyle A. and Tamara J. Boltz, Union Township, Lebanon County, Pennsylvania, as prepared by Keller Engineers, Inc., said plan having a date of June 15, 2007, and being filed in the Office of the Recorder of Deeds of Lebanon County, Pennsylvania, on September 11, 2012, as Instrument No. 201214241 and Plat Book 76, Page 266. Beginning at a point marked with a pipe, said point being located along the common division line between Kyle A. and Tamara J. Boltz and the Commonwealth of Pennsylvania a distance of one-thousand nine-hundred fifty feet (1,950 ft) more or less Northeasterly from the centerline of Pennsylvania SR 1020 (Fredericksburg Road); thence, along said common division line North twenty-eight degrees forty-three minutes nineteen seconds East (N 28º43'19" E) a distance of one-hundred twenty-four and twenty hundredths feet (124.20 ft) to a point marked with a pipe; thence, along said common division line North one degree eighteen minutes fourteen seconds East (N 01º18'14" E) a distance of two-hundred seventy-four and twenty-three hundredths feet (274.23 ft) to a point marked with a pipe; thence, along said common division line North eleven degrees four minutes forty-six seconds East (N 11º04'46" E) a distance of two-hundred fifty-seven and forty-two hundredths feet (257.42 ft) to a point marked with a concrete monument; thence, along said common division line North six degrees two minutes fifty-three seconds East (N 06º02'53" E) a distance of one-hundred fifty-seven and fifty-five hundredths feet (157.55 ft) to a point marked with a pipe; thence, along said common division line South eighty-one degrees two minutes twenty-seven seconds East (N 81º02'27" E) a distance of thirty-four and seventy-seven hundredths feet (34.77 ft) to a point marked with a pipe; thence, along said common division line North two degrees two minutes thirteen seconds East (N 02º02'13" E) a distance of three-hundred three and twenty-one hundredths feet (303.21 ft) to a point marked with a concrete monument; thence, along said common division line North eight degrees two minutes one second East (N 08º02'01" E) a distance of two-hundred eighty-four and thirty-one hundredths feet (284.31 ft) to a point marked with a concrete monument; thence, along said common division line North two degrees two minutes twenty-three seconds West (N 02º02'23" W) a distance of two-hundred thirty-three and twenty-eight hundredths feet (233.28 ft) to a point marked with a pipe; thence, along said common division line North thirty-nine degrees fifty-three minutes twenty-two seconds East (N 39º53'22" E) a distance of six-hundred fifteen feet (615.00 ft); thence, South nine degrees forty-one minutes thirteen seconds West (S 09º41'13" W) a distance of ninety-five feet (95.00 ft); thence, South thirteen degree forty-four minutes thirteen seconds West (S 13º44'13" W) a distance of six-hundred ninety-two feet (692.00 ft); thence, South one degree forty-nine minutes zero seconds East (S 01º49'00" E) a distance of nine-hundred fifty-nine and sixty-six hundredths feet (959.66 ft); thence, South eighty-eight degrees twenty-five minutes forty-eight seconds West (S 88º25'48" W) a distance of two-hundred two and fifty hundredths feet (202.50 ft); thence, South four degrees fifty-four minutes twelve seconds East (S 04º54'12" E) a distance of three-hundred feet (300.00 ft); thence, South six degrees eleven minutes forty-eight seconds West (S 06º11'48" W) a distance of two-hundred feet (200.00 ft); thence, North fifty-nine degrees twelve minutes fifteen seconds West (N 59º12'15" W) a distance of two-hundred ninety-six and fifty hundredths feet (296.50 ft) to the point of beginning; containing an area of 11.908 acres.

(e) Location of lands to Commonwealth.--The easement to be conveyed in accordance with subsection (c) consists of approximately 1.5 acres, located in Union Township, Lebanon County, Commonwealth of Pennsylvania, in accordance with subsection (f).

(f) Easement interest.--The property to be conveyed under subsection (c) constitutes an easement interest for the purpose of vehicular and pedestrian ingress, egress and regress and for the construction, installation, operation, repair, maintenance, replacement and removal of a public access trail, including the right to locate and install utilities and all necessary and convenient appurtenances to the public access trail. Motor vehicle use shall be limited to the Department of Conservation and Natural Resources, its successors, assigns, contractors, and invitees', activities related to the construction, installation, operation, repair, maintenance, replacement and removal of the public access trail and its appurtenances and utilities, located within the easement corridor or emergency vehicles. Beginning at a point on the centerline of Pennsylvania State Route 1020, said point being the centerline of the 30 foot-wide easement, North forty-seven degrees twenty-six minutes twenty-two seconds East (N 47°26'22" E) a distance of one hundred forty-two and eighty-three hundredths feet (142.83 ft); thence, North eight degrees fifty-four minutes twelve seconds East (N 08°54'12" E) a distance of two hundred sixty-six and eight hundredths feet (266.08 ft); thence, North twenty-three degrees twenty-six minutes forty-eight seconds West (N 23°26'48" W) a distance of one hundred seventy and ninety-five hundredths feet (170.95 ft); thence, to the division line of the lands of the Commonwealth of Pennsylvania North fourteen degrees forty-four minutes ten seconds East (N 14°44'10" E) a distance of one thousand four hundred eighty-one and eighty-four hundredths feet (1,481.84 ft).

(g) Conditions of conveyance.--The conveyances described in this section shall be made concurrently and under and subject to all lawful and enforceable easements, servitudes and rights of others, including, but not limited to, streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies, as well as under and subject to any lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.

(h) Deeds.--The conveyances of the property in accordance with subsections (a), (c) and (e) shall be by special warranty deed.

(i) Costs and fees.--All costs and fees incidental to the conveyances contained in this section shall be borne by their respective parties.