Section 4. Conveyance in the City of Philadelphia.
(a) Authorization.--The Department of Conservation and Natural Resources, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to the City of Philadelphia a right-of-way easement situate in the City of Philadelphia, Philadelphia County, in exchange for improvements to Benjamin Rush State Park and monetary consideration to the Commonwealth to be used toward the acquisition of a tract of land to be added to French Creek State Park in accordance with subsection (c).
(b) Property description.--The property interest to be conveyed in accordance with subsection (a) consists of a right-of-way easement totaling approximately 0.32869 acres and improvements thereon, bounded and more particularly described as follows:
ALL THAT CERTAIN piece of ground, situate in the 66th Ward of the City of Philadelphia and described in accordance with a survey plan by Pennoni Associates Inc., entitled "Proposed Right of Way Plan", drawing number V-0601, project number BRRTX20015, dated 05/16/2022, and being more particularly described as follows:
BEGINNING at a point on the Northeasterly side of Southampton-Byberry Road (70 feet wide, Legally Open, On City Plan number 385), said point being measured North 02 degrees 15 minutes 31 seconds West, the distance of 934.38 feet from a point of curve, said curve having a radius of 25.000 feet and an arc distance of 38.495 feet, which connects the Northeasterly side of Southampton-Byberry Road and with the Northwesterly side of McNulty Road (70 feet wide, Legally Open, On City Plan number 385); thence extending from said beginning point, along the Northeasterly side of Southampton-Byberry Road, North 02 degrees 15 minutes 31 seconds 150.000 feet to a point; thence along a curve to the left, radius 734.407 feet, an arc distance of 464.950 feet, a chord bearing of North 20 degrees 26 minutes 36 seconds West, and a chord distance of 457.223 feet to a point; thence along a curve to the right, radius of 25.029 feet, an arc distance of 37.900 feet, a chord bearing of North 04 degrees 47 minutes 40 seconds East, and a chord distance of 34.378 feet to a point; thence South 48 degrees 05 minutes 49 seconds West, a distance of 25.047 feet, to a point; thence along a curve to the left, radius of 25.554, an arc distance of 39.060 feet, a chord bearing of South 03 degrees 10 minutes 36 seconds West, and a chord distance of 35.370 feet to a point; thence along a curve to the right, radius 760.000 feet, an arc distance of 480.840 feet, a chord bearing of South 20 degrees 26 minutes 23 seconds East, and a chord distance of 472.857 feet to a point; thence South 07 degrees 12 minutes, 20 seconds West, 152.095 feet to the first mentioned point of beginning.
Easement contains 14,318 square feet or 0.32869 acres.
Being a portion of the lands, now and formerly of the Commonwealth of Pennsylvania, OPA number 88-4291485, and listed as Map number 150-N-08.
(c) Authorization to receive property.--The Department of Conservation and Natural Resources, with the approval of the Governor, is authorized on behalf of the Commonwealth of Pennsylvania to receive that certain tract of land situate in Union Township, Berks County, in exchange for that property interest to be conveyed to the City of Philadelphia in accordance with subsection (a).
(d) Monetary consideration and improvements.--The City of Philadelphia, through funding and assistance provided by Brandywine Byberry, LP, its successors or assigns, shall contribute $203,500 toward the acquisition and conveyance of property to the Commonwealth, acting by and through the Department of Conservation and Natural Resources. The property to be conveyed in accordance with subsection (c) consists of approximately 12.016 acres and improvements thereon described as follows:
ALL THAT CERTAIN parcel of land SITUATE in Union Township, Berks County, Pennsylvania, being shown on Boundary Plan prepared for Natural Lands Trust, Inc., dated April 7, 2022 by Regester Associates, Inc., Kennett Square, Pennsylvania, and being more fully described as follows:
BEGINNING at the southerly corner in common of lands now or late of Daniel A. and Karen L. Stauffer (a/k/a Tax Parcel no. 88-5343-00-43-1337) and lands now or late of the Commonwealth of Pennsylvania Parks Department (a/k/a Tax Parcel no. 88-5352-00-57-9606) in the bed of Geigertown Road; thence from the point of beginning, along said lands of the Commonwealth of Pennsylvania Parks Department, the following three (3) courses and distances: (1) leaving the bed of said road, passing over a rebar (found) at a distance of 18.41 feet, North 70 degrees 00 minutes 21 seconds West 594.00 feet to a rebar (found); (2) North 33 degrees 44 minutes 39 seconds East 404.26 feet to a capped rebar (found); (3) also along lands now or late of Thomas M. and Christine L. Gatz, North 65 degrees 30 minutes 21 seconds West 1,124.15 feet to a point on line of the aforesaid lands of the Commonwealth of Pennsylvania Parks Department; thence along said lands of the Commonwealth of Pennsylvania Parks Department, North 07 degrees 10 minutes 46 seconds East 182.02 feet to a capped rebar (set), a corner of lands now or late of William J., Jr. and Felicia A. O'Neil; thence along said lands of O'Neil and along the aforesaid lands of the Commonwealth of Pennsylvania Parks Department, South 65 degrees 30 minutes 21 seconds East 1,783.87 feet to a capped rebar (set); thence continuing along said lands of the Commonwealth of Pennsylvania Parks Department, the following two (2) courses and distances: (1) South 30 degrees 59 minutes 39 seconds West 174.90 feet to a capped rebar (found); (2) passing over a rebar (found) 112.22 feet from the southwesterly terminus of this course, South 33 degrees 55 minutes 46 seconds West 357.22 feet to the point of beginning; and ENCOMPASSING 12.016 acres of land, be the same, more or less.
(e) Easements and encumbrances.--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 confined 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.
(f) Deed.--The deed to the Commonwealth, for the conveyance of the property as described in subsection (d), shall be by special warranty deed.
(g) Costs and fees.--All costs and fees incidental to the conveyances contained in this section shall be borne by their respective parties.