Section 12. Conveyance in Bear Creek Township, Luzerne County.
(a) Authorization.--The Department of General Services, with the approval of the Department of Transportation and the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the Bear Creek Township Volunteer Hose Company an access easement and two storm water easements from certain land situate in Bear Creek Township, Luzerne County, for $1, on terms and conditions to be set forth in an easement agreement.
(b) Property description.--The access easement area to be conveyed under subsection (a) consists of one-half of an existing shared drive, which drive in its entirety is approximately 28 feet wide and 150 long and shown as "Paved Drive" on that certain Final Minor Subdivision Plan prepared by LaBella dated November 10, 2021, recorded at the Office of the Recorder of Deeds of Luzerne County, Pennsylvania, as Instrument Number 202218825. The one-half of the shared drive to be subjected to the easement is that half lying on Lot #2 as depicted on the said Final Minor Subdivision Plan, which Lot is under the control of the Department of Transportation. The two stormwater easement areas to be conveyed consist of two existing points of stormwater discharge from Lot #1 onto Lot #2, as such lots are depicted on the referenced Final Minor Subdivision Plan. One such point of discharge lies along the southern boundary of Lot #2, and the other lies on Lot #2 near the southwest end of an area depicted on the referenced Final Minor Subdivision Plan as "New Pavement."
(c) Easements, servitudes and rights of others.--The easement grants shall be made 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.
(d) Easements.--The easement agreement granting the easements shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(e) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.