Pennsylvania Act 2002-219 — CONVEYANCE - COMMONWEALTH PROPERTY IN CENTRE COUNTY

Act text

CONVEYANCE - COMMONWEALTH PROPERTY IN CENTRE COUNTY
                 Act of Dec. 9, 2002, P.L. 1771, No. 219              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services, with the
        approval of the Governor, to grant and convey to Centre
        County certain lands in Benner Township, Centre County.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Conveyance in Benner Township, Centre County.
        (a)  Authorization.--The Department of General Services, with
     the approval of the Governor, is hereby authorized on behalf of
     the Commonwealth of Pennsylvania to grant and convey to Centre
     County certain lands described in subsection (b) under terms and
     conditions to be established in an agreement of sale to be
     entered into with the Department of General Services.
        (b)  Description.--The property to be conveyed pursuant to
     subsection (a) consists of two parcels totaling approximately
     43.84 acres in Benner Township, Centre County, Pennsylvania,
     bounded and described as follows:
                                 PARCEL 1
        ALL THAT CERTAIN parcel of land situated in Benner Township,
     Centre County, Pennsylvania, shown as LOT 1 on a plan prepared
     by Sweetland Engineering and Associates, Inc. entitled "4 Lot
     Subdivision Of Lands Of The Commonwealth Of Pennsylvania For The
     Centre County Correctional Facility," drawing number E-2065
     dated 06/07/01, revised 02/12/02, being part of lands now or
     formerly the Commonwealth of Pennsylvania (SCI-Rockview), Record
     Book 533, Page 121, described as follows:
        BEGINNING at a 3/4 inch re-bar, in the northeast corner of
     Lot 1;
        THENCE along the western side of the lands now or formerly
     Gerald E. Rodgers, Ronnie L. Rodgers, And Bonnie L.
     Moenschbacher, Record Book 753 Page 884, Farm No.1, Tract No.1,
     south 47 degrees 10 minutes 10 seconds East, 681.15 feet to a
     3/4 inch re-bar, a point of curvature.
        THENCE along the northern side of the 50 foot right-of-way of
     Rishel Hill Road (T-532) the following (6) courses;
        1.  not tangent to the previous course, by the arc of a curve
        to the left, having a radius of 2025.00 feet, a central angle
        of 12 degrees 18 minutes 16 seconds, a chord bearing and
        distance of south 37 degrees 35 minutes 13 seconds west,
        434.04 feet, and an arc length of 434.87 feet to a 3/4 inch
        re-bar, a point of tangency; THENCE;
        2.  South 31 degrees 26 minutes 05 seconds West, 16.59 feet,
        to a 3/4 inch re-bar, a widening point of the 50 foot right-
        of-way; THENCE;
        3.  South 42 degrees 44 minutes 41 seconds West, 50.99 feet
        to a 3/4 inch re-bar, a starting point of the 70 foot right-
        of-way of Rishel Hill Road; THENCE;
        4.  South 31 degrees 26 minutes 05 seconds West, 140.94 feet
        to a 3/4 inch re-bar, a point of curvature; THENCE;
        5.  tangent to previous course, by the arc of a curve right,
        having a radius of 485.87 feet, a central angle of 75 degrees
        16 minutes 17 seconds, a chord bearing and distance of South
        69 degrees 04 minutes 14 seconds West, 593.38 feet, and an
        arc length of 638.30 feet, to a 3/4 inch re-bar, a point of
        tangency; THENCE;
        6.  North 73 degrees 17 minutes 38 seconds West, 488.67 feet,
        to a 3/4 inch re-bar, a point of curvature;
        THENCE along the eastern side of a variable width right-of-
     way of the Benner Pike (SR 0150) the following (3) courses;
        1.  not tangent to the previous course, by the arc of a curve
        to the left, having a radius of 6945.55 feet, a central angle
        of 0 degrees 51 minutes 33 seconds, a chord bearing and
        distance of North 07 degrees 14 minutes 33 seconds West,
        104.15 feet, and an arc length of 104.15 feet, to a 3/4 inch
        re-bar, a point of tangency; THENCE;
        2.  North 06 degrees 30 minutes 36 seconds West, 405.09 feet,
        to a 3/4 inch re-bar, a point of curvature; THENCE;
        3.  tangent to the previous course, by the arc of a curve to
        the left, having a radius of 6965.55 feet, a central angle of
        02 degrees 35 minutes 51 seconds, a chord bearing and
        distance of North 12 degrees 18 minutes 15 seconds West,
        315.74 feet, and an arc length of 315.77 feet, to a 3/4 inch
        re-bar;
        THENCE along the southern side of Lot 2 of the "4 Lot
     Subdivision Of The Lands Of The Commonwealth Of Pennsylvania For
     The Centre County Correctional Facility";
        1.  not tangent to the previous course North 77 degrees 05
        minutes 54 seconds East, 1057.29 feet; to a 3/4 inch rebar to
        the point of BEGINNING.
        CONTAINING 29.17 acres of land more or less.
        UNDER AND SUBJECT, to a 60 foot wide access easement along
     the eastern portion of the property, as shown on the above
     mentioned plan.
        COMMENCING at a 3/4 inch re-bar at the northeast corner of
     lot 1, a reference point;
        THENCE along the southern side of Lot 2 of the above
     mentioned plan South 77 degrees 05 minutes 54 seconds West,
     60.50 feet, to a point of BEGINNING;
        THENCE along the interior of Lot 1 South 47 degrees 10
     minutes 10 seconds East, 715.04 feet, to a point; a point of
     curvature;
        THENCE along the northern side of the 50.00 foot wide right-
     of-way of Rishel Hill Road; not tangent to the previous course;
     by the arc of a curve to the left, having a radius of 2025.00
     feet, a central angle of 01 degree 41 minutes 53 seconds, a
     chord bearing and distance of South 41 degrees 28 minutes 31
     seconds West, 60.02 feet, and an arc length of 60.02 feet, to a
     point;
        THENCE along the interior of Lot 1, not tangent to previous
     course North 47 degrees 10 minutes 10 seconds West, 756.34 feet,
     to a point;
        THENCE along the southern side of Lot 2 of above mentioned
     plan North 77 degrees 05 minutes 54 seconds East, 72.60 feet, to
     a point, point of BEGINNING.
                                 PARCEL 2
        ALL THAT CERTAIN parcel of land situated in Benner Township,
     Centre County, Pennsylvania, shown as LOT 3 on a plan prepared
     by Sweetland Engineering and Associates, Inc. entitled "4 Lot
     Subdivision Of Lands Of The Commonwealth Of Pennsylvania For The
     Centre County Correctional Facility," drawing number E-2065
     dated 06/07/01, revised 02/12/02, being part of lands now or
     formerly the Commonwealth of Pennsylvania (SCI-Rockview), Record
     Book 533, Page 121, described as follows:
        BEGINNING at a 3/4 inch re-bar, in the northeast corner of
     Lot 3;
        THENCE along the western side of a variable width right-of-
     way of the Benner Pike (SR 0150) the following (3) courses;
        1.  South 15 degrees 07 minutes 54 seconds East, 400.76 feet,
        to a 3/4 inch re-bar, a point of curvature, THENCE;
        2.  tangent to the previous course, by the arc of a curve to
        the right, having a radius of 6815.55 feet, a central angle
        of 07 degrees 19 minutes 34 seconds, a chord bearing and
        distance of South 11 degrees 28 minutes 07 seconds East,
        870.88 feet, and an arc length of 871.47 feet, to a 3/4 inch
        re-bar, THENCE;
        3.  not tangent to the previous coarse, South 32 degrees 39
        minutes 16 seconds West, 78.44 feet, to a 3/4 inch re-bar;
        THENCE along the northern side of the 33 foot right-of-way of
     Paradise Road (SR 3004) the following (3) courses;
        1.  North 73 degrees 17 minutes 38 seconds West, 296.22 feet,
        to a 3/4 inch re-bar, a point of curvature, THENCE;
        2.  tangent to the previous course, by the arc of a curve to
        the right, having a radius of 583.50 feet, a central angle of
        53 degrees 49 minutes 24 seconds, a chord bearing and
        distance of North 46 degrees 22 minutes 56 seconds West,
        528.20 feet, and an arc length of 548.14 feet, to a 3/4 inch
        re-bar, a point of tangency, THENCE;
        3.  North 19 degrees 28 minutes 14 seconds West, 343.99 feet,
        to a 3/4 inch re-bar;
        THENCE along the southern side of lands now or formerly
     Robert E. Campolongo, Record Book 1050 page 994, and also along
     the southern boundary of a 20 foot wide permanent sanitary sewer
     right-of-way, Record Book 1240 Page 529, North 34 degrees 09
     minutes 55 seconds East, 334.57 feet to an existing iron pipe
     found,
        THENCE along the southern side of lands now or formerly
     Spring-Benner-Walker-Joint Authority, Deed Book 427 Page 540,
     and also along the southern side of lands now or formerly Harry
     K. Sickler, Jr., Record Book 947 Page 879, North 54 degrees 25
     minutes 12 seconds East, 439.49 feet to a 3/4 inch re-bar, the
     point of BEGINNING.
        CONTAINING 14.67 acres of land more or less.
        UNDER AND SUBJECT, to a required drainage easement per SR
     6026 section CO3 plans, at the south east corner of the
     property, as shown on the above mentioned plan.
        UNDER AND SUBJECT, to an 8.5 foot wide reserved right-of-way
     for future dedication, along Paradise Road and parallel with the
     boundary of Lot 3, as shown on above mentioned plan.
        (c)  Easements.--The conveyance shall be made 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.
        (d)  Restrictive covenants.--The deed of conveyance shall
     contain the following restrictive covenants:
        (1)  Under and subject to a condition that the grantee shall
     utilize Parcel 1 as an adult correctional facility and for no
     other purpose. If the grantee utilizes Parcel 1 for any other
     purpose or attempts to convey said parcel, it shall immediately
     revert to and revest in the grantor.
        (2)  Under and subject to a condition that the grantee, its
     successors or assigns shall utilize Parcel 2 as a fire-emergency
     services training facility and for no other purpose. If Parcel 2
     is utilized by the grantee, its successors or assigns for any
     other purpose, it shall immediately revert to and revest in the
     grantor.
        (e)  Deed.--The deed of conveyance shall be by special
     warranty deed and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        (f)  Costs.--Costs and fees incidental to this conveyance
     shall be borne by the grantee.
        (g)  Alternative disposition.--In the event that terms of an
     agreement of sale cannot be reached between the parties within
     12 months of the effective date of this act, the property may be
     disposed of in accordance with section 2406-A of the act of
     April 9, 1929 (P.L.177, No.175), known as The Administrative
     Code of 1929. If the property is disposed of pursuant to this
     subsection, the deed of conveyance shall not contain the
     restrictive covenants required in subsection (d).
     Section 2.  Effective date.
        This act shall take effect immediately.