HOUSE AMENDED
PRIOR PRINTER'S NO. 1322
PRINTER'S NO. 1523
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1020
Session of
2022
INTRODUCED BY GEBHARD, JANUARY 14, 2022
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 29, 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.; AND AUTHORIZING THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES, WITH THE APPROVAL OF THE
GOVERNOR, TO GRANT AND CONVEY TO ERDENHEIM FARM (EQ), L.P.,
CERTAIN LANDS SITUATE IN WHITEMARSH AND SPRINGFIELD
TOWNSHIPS, MONTGOMERY COUNTY, IN EXCHANGE FOR ERDENHEIM FARM
(EQ), L.P., CAUSING TO CONVEY TO THE COMMONWEALTH OF
PENNSYLVANIA A TRACT OF LAND TO BE ADDED TO MARSH CREEK 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
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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
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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.
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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
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
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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
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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 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
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(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
(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 CONVEYANCES 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. CONVEYANCE IN WHITEMARSH AND SPRINGFIELD TOWNSHIPS,
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MONTGOMERY 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 ERDENHEIM FARM (EQ), L.P., (HEREINAFTER
REFERRED TO AS "ERDENHEIM FARM"), CERTAIN LANDS SITUATE IN
WHITEMARSH AND SPRINGFIELD TOWNSHIPS, MONTGOMERY 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 SUBSECTION (A) CONSISTS OF TWO TRACTS OF LAND
TOTALING APPROXIMATELY 8.7910 ACRES AND IMPROVEMENTS THEREON,
BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THOSE TWO CERTAIN LOTS OR PIECES OF GROUND SITUATED PARTLY
IN WHITEMARSH TOWNSHIP AND PARTLY IN SPRINGFIELD TOWNSHIP,
MONTGOMERY COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
FOLLOWS:
TRACT 1: BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE
MIDDLE LINES OF STENTON AVENUE (OR BLUE BELL ROAD) AND FLOURTOWN
ROAD (OR MILL ROAD), A CORNER OF LAND OF EDWARD B. KRUMBHAAR,
THENCE EXTENDING ALONG SAID MIDDLE LINE OF FLOURTOWN ROAD AND
KRUMBHAAR'S LAND NORTH SEVENTY-TWO DEGREES SEVENTEEN MINUTES AND
FIFTY-NINE SECONDS EAST ONE HUNDRED AND THIRTY-FOUR AND THREE
HUNDRED AND EIGHTY-SEVEN THOUSANDTHS FEET TO A POINT, THENCE
STILL PARALLEL WITH STENTON AVENUE SOUTH TWELVE DEGREES ELEVEN
MINUTES FIFTY-NINE SECONDS WEST FOUR HUNDRED AND TWENTY-ONE AND
TWO HUNDRED AND NINETY-THREE THOUSANDTHS FEET TO A POINT, THENCE
STILL PARALLEL WITH STENTON AVENUE SOUTH NINE DEGREES FORTY-
THREE MINUTES ONE SECOND EAST ONE THOUSAND AND SEVEN HUNDRED AND
FORTY-FOUR THOUSANDTHS FEET TO A POINT, THENCE STILL PARALLEL
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WITH STENTON AVENUE FOR THE GREATER PART SOUTH TWENTY-FOUR
DEGREES THIRTY-NINE MINUTES ONE SECOND EAST EIGHT HUNDRED AND
THIRTY FEET TO A POINT, THENCE SOUTH THIRTY DEGREES TWENTY-SIX
MINUTES TWENTY-NINE SECONDS WEST SIXTY-SIX AND TWENTY-THREE
THOUSANDTHS FEET TO A POINT IN THE MIDDLE OF STENTON AVENUE IN
THE LINE OF LAND OF THE BLOOMFIELD FARM LATE OF JOHN T. MORRIS,
THENCE ALONG THE MIDDLE LINE OF STENTON AVENUE AND MORRIS'S LAND
NORTH FORTY DEGREES TWENTY-SEVEN MINUTES FORTY-ONE SECOND WEST
TWO HUNDRED AND TWENTY-EIGHT AND EIGHT HUNDRED AND SIXTY-ONE
THOUSANDTHS FEET TO A CORNER OF SAID MORRIS'S LAND, THENCE ALONG
SAID LAND SOUTH FIFTY-SIX DEGREES FORTH MINUTES THIRTY-NINE
SECONDS WEST THREE HUNDRED AND EIGHTY-THREE AND FORTY-SIX
HUNDREDTHS FEET TO A STONE AT THE CORNER OF SAID LAND, THENCE
NORTH TWENTY-THREE DEGREES FIFTY-NINE MINUTES FIFTY-NINE SECONDS
EAST FOUR HUNDRED AND EIGHTY-TWO AND EIGHT HUNDRED AND ELVEN
THOUSANDS FEET TO A POINT IN THE WESTERLY LINE OF STENTON
AVENUE, THENCE ALONG THE SAME THE FIE FOLLOWING COURSES AND
DISTANCES (1) NORTH TWENTY-FOUR DEGREES THIRTY-NINE MINUTES ONE
SECOND WEST FOUR HUNDRED AND FOUR AND SEVEN HUNDRED AND FORTY-
ONE THOUSANDTHS FEET, (2) NORTH NINE DEGREES FORTY-THREE MINUTES
ONE SECOND WEST ONE THOUSAND AND FORTY-THREE AND NINE HUNDRED
AND TWENTY-EIGHT THOUSANDTHS FEET, (3) NORTH TWELVE DEGREES
ELEVEN MINUTES FIFTY-NINE SECONDS EAST THREE HUNDRED AND FIFTY-
ONE AND NINE HUNDRED AND THIRTY-ONE THOUSANDTHS FEET, (4) NORTH
FORTY-EIGHT DEGREES THIRTY-SIX MINUTES ONE SECOND WEST TWO
HUNDRED AND TWENTY-FIVE AND SEVEN HUNDRED AND SIXTY-ONE
THOUSANDTHS FEET, AND (5) NORTH FORTY-FOUR DEGREES FIFTY-THREE
MINUTES ONE SECOND WEST THREE HUNDRED AND THIRTEEN AND TWO
HUNDRED AND TWENTY-NINE THOUSANDTHS FEET TO A POINT IN THE
MIDDLE LINE OF BARREN HILL ROAD, THENCE ALONG SAID MIDDLE LINE
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NORTH SIXTY-SIX DEGREES TWENTY-SIX MINUTES FIFTY-NINE SECONDS
EAST SEVENTEEN AND SEVEN HUNDRED AND FOURTEEN THOUSANDTHS FEET
TO A POINT IN THE MIDDLE LINE OF STENTON AVENUE A CORNER OF SAID
KRUMBHAAR'S LAND, THENCE ALONG SAID MIDDLE LINE OF STENTON
AVENUE AND SAID KRUMBHAAR'S LAND SOUTH FORTY-FOUR DEGREES FIFTY-
THREE MINUTES ONE SECOND EAST THREE HUNDRED AND SIX AND TWENTY-
FIVE HUNDREDTHS FEET TO A POINT AND SOUTH FORTY-EIGHT DEGREES
THIRTY-SIX MINUTES ONE SECOND EAST TWO HUNDRED AND FIFTY-THREE
AND THIRTY-FIVE HUNDREDTHS FEET TO THE IRON PIN IN THE MIDDLE
LINE OF FLOURTOWN ROAD THE PLACE OF THE BEGINNING, CONTAINING
EIGHT ACRES AND FOUR HUNDRED AND FIVE TEN-THOUSANDTHS OF AN
ACRE; AND BEING UNIFORM PARCEL IDENTIFIER NUMBERS: 650008059003
(7.455 ACRES TO THE WEST- AND UNDER- STENTON AVENUE) AND
650011140009 (0.98 ACRES TO THE EAST OF STENTON AVENUE).
TRACT 2: BEGINNING AT A POINT IN THE LINE DIVIDING THE LANDS OF
GEORGE D. WIDENER AND THE BLOOMFIELD FARM OF JOHN T. MORRIS
SOUTHWEST OF STENTON AVENUE, THENCE EXTENDING ALONG SAID
DIVIDING LINE SOUTH FIFTY-NINE DEGREES FOUR MINUTES FIFTY-NINE
SECONDS WEST TWO HUNDRED AND SEVENTY-FIVE AND NINETY-FOUR
HUNDREDTHS FEET TO A POINT NEAR THE EAST BANK OF THE WISSAHICKON
CREEK A CORNER OF SAID LANDS AND OF LAND OF THE WHITEMARSH
VALLEY COUNTRY CLUB, THENCE UP SAID CREEK ALONG THE LINE OF SAID
CLUB NORTH SEVEN DEGREES FORTY-EIGHT MINUTES ONE SECOND WEST ONE
HUNDRED FEET TO A POINT AND NORTH FIFTY-THREE DEGREES EIGHTEEN
MINUTES ONE SECOND WEST FORTY-FIVE FEET TO A POINT AND THENCE
ALONG OTHER LAND OF SAID WIDENER NORTH EIGHTY-SIX DEGREES FIFTY
MINUTES TWENTY-SIX SECONDS EAST TWO HUNDRED AND EIGHTY-SIX AND
EIGHT HUNDRED AND TWENTY-TWO THOUSANDTHS FEET TO A PLACE OF THE
BEGINNING, CONTAINING THREE THOUSAND EIGHT HUNDRED AND SIXTY-
THREE TEN THOUSANDTHS OF AN ACRE; AND BEING UNIFORM PARCEL
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IDENTIFIER BLOCK/UNIT NUMBER 52-003-025 (0.3863 ACRES TO THE
EAST OF STENTON AVENUE).
BEING THE SAME PREMISES, WHICH GEORGE D. WIDENER CONVEYED TO THE
COMMONWEALTH OF PENNSYLVANIA BY DEED DATED NOVEMBER 15, 1920 AND
RECORDED IN BOOK 822 PAGE 575 OF THE MONTGOMERY COUNTY RECORDER
OF DEED'S OFFICE.
CONTAINING 8.7910 ACRES MORE OR LESS.
(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 THAT CERTAIN TRACT OF LAND SITUATE IN
UPPER UWCHLAN TOWNSHIP, CHESTER COUNTY, IN EXCHANGE FOR THAT
PROPERTY TO BE CONVEYED TO ERDENHEIM FARM IN ACCORDANCE WITH
SUBSECTION (A).
(D) PROPERTY DESCRIPTION.--THE PROPERTY TO BE CONVEYED IN
ACCORDANCE WITH SUBSECTION (C) CONSISTS OF APPROXIMATELY 10.568
ACRES AND IMPROVEMENTS THEREON:
ALL THAT CERTAIN PARCEL OF LAND SITUATED IN UPPER UWCHLAN
TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, BEING SHOWN ON ALTA/NSPS
LAND TITLE SURVEY PREPARED FOR PETER ERNST, DATED NOVEMBER 23,
2020 BY REGESTER ASSOCIATES, INC., KENNETT SQUARE, PENNSYLVANIA,
AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A RE-ROD
(SET) AT THE SOUTHEASTERLY COMER IN COMMON OF LANDS NOW OR LATE
OF HAVARD A. & MARY E. MCCURDY (A/K/A TAX PARCEL NO. 32-6-59)
AND LANDS NOW OR LATE OF DANIEL L. AND KIRSTEN E. MCCURDY (A/K/A
TAX PARCEL NO. 32-6-59.3) ON THE NORTHWESTERLY EXISTING RIGHT OF
WAY LINE OF DORLAN MILL ROAD-T-583, SAID RIGHT OF WAY LINE BEING
PARALLEL WITH 16.5 FEET NORTHWESTERLY FROM THE CENTERLINE
THEREOF; THENCE FROM THE POINT OF BEGINNING, ALONG SAID RIGHT OF
WAY LINE, SOUTH 41 DEGREES 38 MINUTES 03 SECONDS WEST 523.30
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FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, ALONG LANDS NOW OR
LATE OF JOHN D. AND SUSAN N. GREEN AND LANDS NOW OR LATE OF
JAMES R. AND SUSAN C. MCDONOUGH, PASSING OVER A RE-ROD (FOUND)
AT A DISTANCE OF 9.33 FEET, NORTH 78 DEGREES 40 MINUTES 10
SECONDS WEST 645.44 FEET TO A COPPERWELD (FOUND), A COMER OF
LANDS NOW OR LATE OF THE COMMONWEALTH OF PENNSYLVANIA; THENCE
ALONG SAID LANDS OF THE COMMONWEALTH OF PENNSYLVANIA, NORTH 31
DEGREES 37 MINUTES 12 SECONDS EAST 665.97 FEET TO AN IRON PIN
(FOUND), A COMER OF LANDS NOW OR LATE OF KEITH E. AND LYNNE
WHITE; THENCE ALONG SAID LANDS OF WHITE, LANDS NOW OR LATE OF
JONATHAN D. RUBIN, AND LANDS NOW OR LATE OF MICHAEL J. AND SARAH
S. KEMETER, NORTH 71 DEGREES 21 MINUTES 15 SECONDS EAST 438.20
FEET TO A RE-ROD (SET), A COMER OF THE AFORESAID LANDS OF DANIEL
L. AND KIRSTEN E. MCCURDY; THENCE ALONG SAID LANDS OF MCCURDY,
THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 10
DEGREES 27 MINUTES 57 SECONDS EAST 369.94 FEET TO A RE-ROD
(SET); (2) SOUTH 62 DEGREES 01 MINUTE 53 SECONDS EAST 168.67
FEET TO THE POINT OF BEGINNING; AND CONTAINING 10.568 ACRES OF
LAND, BE THE SAME, MORE OR LESS; AND BEING UNIFORM PARCEL
IDENTIFIER NO. 32-6-59.
(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. THE CONVEYANCE AUTHORIZED UNDER SUBSECTION (A)
SHALL BE MADE UNDER AND SUBJECT TO THE FOLLOWING:
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(1) ERDENHEIM FARM SHALL PROVIDE AN EASEMENT, IN
PERPETUITY AND IN FAVOR OF MONTGOMERY COUNTY, FOR THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A PUBLIC
MULTIPURPOSE TRAIL CONTAINED WITHIN PARCEL NUMBER
650008059003, PART OF TRACT 1, BEING CONVEYED UNDER
SUBSECTION (B).
(2) ERDENHEIM FARM SHALL EXECUTE A CONSERVATION EASEMENT
IN FAVOR OF NATURAL LANDS TRUST, INC., ON PARCEL NUMBER
650008059003, PART OF TRACT 1, BEING CONVEYED UNDER
SUBSECTION (B). THIS CONSERVATION EASEMENT SHALL ALLOW FOR
THE PUBLIC TRAIL ON THIS PARCEL NUMBER 650008059003.
(F) DEEDS.--THE DEEDS FOR THE CONVEYANCE OF THE PROPERTIES
REFERENCED IN SUBSECTIONS (A) AND (C) 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.
Section 2 3. Effective date.
This act shall take effect immediately.
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