THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, OCTOBER 14, 2011

REFERRED TO STATE GOVERNMENT, OCTOBER 14, 2011  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, to grant and convey to the Centre

County Industrial Development Corporation certain lands

situate 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 the

Centre County Industrial Development Corporation certain lands,

and any improvements located thereon, situate in Benner

Township, Centre County for $241,861 as determined by an

independent appraisal and under terms and conditions to be

established in an agreement of sale.

(b)  Property description.--The property to be conveyed

pursuant to this section consists of two tracts of land

containing approximately 32.06 acres and improvements thereon

bounded and more particularly described as follows:

LOT 4AR

All that certain tract of land situated in Benner Township,

Centre County, PA, being Lot 4AR, as shown on a plan entitled,

"Lot Addition and Replot Plan, Final Plan – Benner Commerce Park

Lot Addition and Replots of Lands of the Centre County

Industrial Development Corporation and the Commonwealth of

Pennsylvania – Replot of Lot 5BR (of Plat Book 81, Page 168)

into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into

Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009,

by PennTerra Engineering, Inc., State College, PA, being bounded

and described as follows:

Beginning at an iron pin, being an easterly corner of Venture

Drive (Proposed 60' R/W) and lying in a southerly R/W line of

Rishel Hill Road (T-532, 70' R/W); thence along Rishel Hill Road

the following bearings and distances: along a curve to the left,

having a chord bearing of N44º35'31"E, a chord distance of

253.06 feet, a radius of 555.87 feet and an arc length of 255.29

feet to an iron pin; thence N31º26'05"E, 140.94 feet to an iron

pin; thence N20º07'29"E, 50.99 feet to an iron pin lying in a

southerly R/W line of Rishel Hill Road (T-532, 50' R/W); thence,

along said R/W N31º26'05"E, 16.59 feet to an iron pin; thence

continuing along said R/W along a curve to the right, having a

chord bearing of N37º35'53"E, a chord distance of 424.09 feet, a

radius of 1975.00 feet and an arc length of 424.91 feet to an

iron pin, lying in a southerly line of said R/W and being a

westerly corner of lands owned now or formerly by Gerald E.

Rogers, Ronnie Lee Rogers, Bonnie Lou Moerschbacher and

Geraldine Rogers Bohn (Tax Parcel 12-3-130, RB 753 Pg. 883);

thence along said lands S47º10'10"E, 903.84 feet to an iron pin,

being a southerly corner of said lands and lying in a northerly

R/W line of U.S. 0220/Future I-99 (Variable R/W); thence along

said R/W the following bearings and distances: S64º43'55"W,

96.12 feet to an iron pin; thence S58º28'32"W, 200.00 feet to an

iron pin; thence S56º06'30"W, 363.15 feet to an iron pin; thence

along a curve to the right, having a chord bearing of

S59º25'10"W, a chord distance of 374.92 feet, a radius of

11379.16 feet and an arc length of 374.93 feet to an iron pin,

lying in a northerly line of said R/W and being an easterly

corner of Venture Drive (Proposed 60'R/W); thence along said

R/W, the following bearings and distances: N31º45'22"W, 93.01

feet to an iron pin; thence along a curve to the left, having a

chord bearing of N39º41'44"W, a chord distance of 146.42 feet, a

radius of 530.00 feet and an arc length of 146.89 feet to an

iron pin; thence N47º38'06"W, 153.52 feet to an iron pin; thence

along a curve to the right, having a chord bearing of

N40º24'58"W, a chord distance of 118.12 feet, a radius of 470.00

feet and an arc length of 118.44 feet to an iron pin; thence

along a curve to the right, having a chord bearing of

N12º16'33"E, a chord distance of 71.29 feet, a radius of 50.00

feet and an arc length of 79.37 feet to an iron pin, being the

place of beginning, containing 15.709 acres.

LOT 4BR

All that certain tract of land situated in Benner Township,

Centre County, PA, being Lot 4BR, as shown on a plan entitled,

"Lot Addition and Replot Plan, Final Plan – Benner Commerce Park

Lot Addition and Replots of Lands of the Centre County

Industrial Development Corporation and the Commonwealth of

Pennsylvania – Replot of Lot 5BR (of Plat Book 81, Page 168)

into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into

Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009,

by PennTerra Engineering, Inc., State College, PA, being bounded

and described as follows:

Beginning at an iron pin, lying in a southerly R/W line of

Rishel Hill Road (T-532, 70' R/W) and being a westerly corner of

Venture Drive (Proposed 60' R/W); thence along said Proposed

Venture Drive, the following bearings and distances: along a

curve to the right, having a chord bearing of S68º52'58"E, a

chord distance of 61.66 feet, a radius of 50.00 feet and an arc

length of 66.44 feet to an iron pin; thence along a curve to the

left, having a chord bearing of S39º13'29"E, a chord distance of

155.04 feet, a radius of 530.00 feet and an arc length of 155.59

feet to an iron pin; thence S47º38'06"E, 153.52 feet to an iron

pin; thence along a curve to the right, having a chord bearing

of S39º41'44"E, a chord distance of 129.84 feet, a radius of

470.00 feet and an arc length of 130.26 feet to an iron pin;

thence S31º45'22"E, 90.63 feet to an iron pin, being a southerly

corner of said R/W and lying in a northerly R/W line of U.S.

0220/Future I-99 (Variable R/W); thence along said R/W the

following bearings and distances: along a curve to the right,

having a chord bearing of S61º19'14"W, a chord distance of

260.13 feet, a radius of 11379.16 feet and an arc length of

260.13 feet to an iron pin; thence S61º58'32"W, 478.19 feet to

an iron pin; thence along a curve to the right, having a chord

bearing of S77º02'31"W, a chord distance of 145.57 feet, a

radius of 280.00 feet and an arc length of 147.26 feet to an

iron pin; thence N87º53'30"W, 330.60 feet to an iron pin, lying

in a northerly line of said R/W and being an easterly corner of

Benner Pike (S.R. 0150, Variable R/W); thence along the Benner

Pike R/W, along a curve to the left, having a chord bearing of

N01º50'29"W, a chord distance of 797.38 feet, a radius of

6945.55 feet and an arc length of 797.82 feet to an iron pin

lying along said R/W and being a southerly corner of Rishel Hill

Road (T-532; 70' R/W); thence along the Rishel Hill Road R/W

N33º18'46"E, 55.19 feet to an iron pin; thence N57º35'25"E,

41.13 feet to an iron pin; thence N79º16'07"E, 41.17 feet to an

iron pin; thence S84º04'41"E, 80.12 feet to an iron pin; thence

S73º17'38"E, 252.18 feet to an iron pin; thence along a curve to

the left, having a chord bearing of N89º52'40"E, a chord

distance of 321.86 feet, a radius of 555.87 feet and an arc

length of 326.53 feet to an iron pin, being the place of

beginning, containing 16.351 acres.

(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)  Condition.--Any conveyance authorized under this act

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 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 the Grantee, its successors and assigns. Should the

Grantee, its successors or assigns permit any portion of the

property authorized to be conveyed in this section to be used in

violation of this subsection, the title 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 and fees.--Costs and fees incidental to this

conveyance shall be borne by the Grantee.

(g)  Alternate disposition.--In the event that the herein

named Grantee fails to enter into an agreement of sale with the

Department of General Services within 12 months of the effective

date of this section, the property may be disposed of in

accordance with section 2405-A of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

Section 2.  Effective date.

This act shall take effect immediately.