Regular Session 2021-2022 Senate Bill 1020 P.N. 1322

PRINTER'S NO. 1322

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1020

Session of

2022

INTRODUCED BY GEBHARD, JANUARY 14, 2022

REFERRED TO STATE GOVERNMENT, JANUARY 14, 2022

AN ACT

Authorizing the Department of Conservation and Natural

Resources, with the approval of the Governor, to grant and

convey to Kyle A. and Tamara J. Boltz certain lands situate

in Union Township, Lebanon County, in exchange for Kyle A.

and Tamara J. Boltz's granting and conveying certain lands to

the Commonwealth of Pennsylvania, Department of Conservation

and Natural Resources, to be added to those existing lands at

Swatara State Park.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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,

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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.

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

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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

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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-

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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

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(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 deed of conveyance of the property in

accordance with subsections (a), (c) and (e) shall be by special

warranty deed and shall be executed by the Secretary of

Conservation and Natural Resources in the name of the

Commonwealth of Pennsylvania.

(i) Costs and fees.--All costs and fees incidental to the

conveyances contained in this section shall be borne by their

respective parties.

Section 2. Effective date.

This act shall take effect immediately.

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