THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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

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 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

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.