Bill Text: PA HB370 | 2011-2012 | Regular Session | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Introduced - Dead) 2011-05-04 - Laid on the table [HB370 Detail]

Download: Pennsylvania-2011-HB370-Introduced.html

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PRINTER'S NO. 335
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 370 Session of2011
INTRODUCED BY SWANGER, BOYD, CALTAGIRONE, DENLINGER, FLECK, GEORGE, GRELL, HESS, JOSEPHS, KILLION, MICOZZIE, MILLARD, MURT, SCAVELLO AND YOUNGBLOOD, FEBRUARY 1, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2011
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 there under 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
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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
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potion 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. 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
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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
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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 utilities and vehicular and pedestrian ingress and egress,
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 47º26'22" 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
08º54'12" 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 23º26'48" 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 14º44'10" 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
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erected thereon.
(h) Restrictive covenants.--Any conveyance authorized under
subsection (a) shall be made under and subject to the condition,
which shall be contained in the deed of conveyance, that no
portion of the property conveyed to Kyle A. and Tamara J. Boltz
shall be used as a licensed facility, as defined in 4 Pa.C.S. §
1103 (relating to definitions), or any other similar type of
facility authorized under State law. The condition shall be a
covenant running with the land and shall be binding upon Kyle A.
and Tamara J. Boltz, their successors and assigns. Should Kyle
A. and Tamara J. Boltz, their successors or assigns, permit any
portion of the property authorized to be conveyed to Kyle A. and
Tamara J. Boltz in this section to be used in violation of this
subsection, the title shall immediately revert to and revest in
the Commonwealth of Pennsylvania.
(i) Deeds.--The deed of conveyance of the property in
accordance with subsections (a) and (c) 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.
(j) Costs and fees.--All costs and fees incidental to the
conveyances contained in this section shall be borne by their
respective parties.
(k) Time period for conveyances.--In the event that these
conveyances are not executed within 12 months of the effective
date of this section, the authorization contained in this
section shall become null and void.
Section 2. Effective date.
This act shall take effect immediately.
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