PRINTER'S NO. 2347

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1576 Session of 2002


        INTRODUCED BY CORMAN, OCTOBER 28, 2002

        REFERRED TO STATE GOVERNMENT, OCTOBER 28, 2002

                                     AN ACT

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

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Conveyance in Benner Township, Centre County.
     7     (a)  Authorization.--The Department of General Services, with
     8  the approval of the Governor, is hereby authorized on behalf of
     9  the Commonwealth of Pennsylvania to grant and convey to Centre
    10  County certain lands described in subsection (b) under terms and
    11  conditions to be established in an agreement of sale to be
    12  entered into with the Department of General Services.
    13     (b)  Description.--The property to be conveyed pursuant to
    14  subsection (a) consists of two parcels totaling approximately
    15  43.84 acres in Benner Township, Centre County, Pennsylvania,
    16  bounded and described as follows:
    17                              PARCEL 1
    18     ALL THAT CERTAIN parcel of land situated in Benner Township,

     1  Centre County Pennsylvania shown as LOT 1 on a plan prepared by
     2  Sweetland Engineering and Associates, Inc. entitled "4 Lot
     3  Subdivision Of Lands Of The Commonwealth Of Pennsylvania For The
     4  Centre County Correctional Facility," drawing number E-2065
     5  dated 06/07/01, revised 02/12/02, being part of lands now or
     6  formerly the Commonwealth of Pennsylvania (SCI-Rockview), Record
     7  Book 533, Page 121, described as follows:
     8     BEGINNING at a 3/4 inch re-bar, in the northeast corner of
     9  Lot 1;
    10     THENCE along the western side of the lands now or formerly
    11  Gerald E. Rodgers, Ronnie L. Rodgers, And Bonnie L.
    12  Moenschbacher, Record Book 753 Page 884, Farm No.1, Tract No.1,
    13  south 47 degrees 10 minutes 10 seconds East, 681.15 feet to a
    14  3/4 inch re-bar, a point of curvature.
    15     THENCE along the northern side of the 50 foot right-of-way of
    16  Rishel Hill Road (T-532) the following (6) courses;
    17     1.  not tangent to the previous course, by the arc of a curve
    18     to the left, having a radius of 2025.00 feet, a central angle
    19     of 12 degrees 18 minutes 16 seconds, a chord bearing and
    20     distance of south 37 degrees 35 minutes 13 seconds west,
    21     434.04 feet, and an arc length of 434.87 feet to a 3/4 inch
    22     re-bar, a point of tangency; THENCE;
    23     2.  South 31 degrees 26 minutes 05 seconds West, 16.59 feet,
    24     to a 3/4 inch re-bar, a widening point of the 50 foot right-
    25     of-way; THENCE;
    26     3.  South 42 degrees 44 minutes 41 seconds West, 50.99 feet
    27     to a 3/4 inch re-bar, a starting point of the 70 foot right-
    28     of-way of Rishel Hill Road; THENCE;
    29     4.  South 31 degrees 26 minutes 05 seconds West, 140.94 feet
    30     to a 3/4 inch re-bar, a point of curvature; THENCE;
    20020S1576B2347                  - 2 -

     1     5.  tangent to previous course, by the arc of a curve right,
     2     having a radius of 485.87 feet, a central angle of 75 degrees
     3     16 minutes 17 seconds, a chord bearing and distance of South
     4     69 degrees 04 minutes 14 seconds West, 593.38 feet, and an
     5     arc length of 638.30 feet, to a 3/4 inch re-bar, a point of
     6     tangency; THENCE;
     7     6.  North 73 degrees 17 minutes 38 seconds West, 488.67 feet,
     8     to a 3/4 inch re-bar, a point of curvature;
     9     THENCE along the eastern side of a variable width right-of-
    10  way of the Benner Pike (SR 0150) the following (3) courses;
    11     1.  not tangent to the previous course, by the arc of a curve
    12     to the left, having a radius of 6945.55 feet, a central angle
    13     of 0 degrees 51 minutes 33 seconds, a chord bearing and
    14     distance of North 07 degrees 14 minutes 33 seconds West,
    15     104.15 feet, and an arc length of 104.15 feet, to a 3/4 inch
    16     re-bar, a point of tangency; THENCE;
    17     2.  North 06 degrees 30 minutes 36 seconds West, 405.09 feet,
    18     to a 3/4 inch re-bar, a point of curvature; THENCE;
    19     3.  tangent to the previous course, by the arc of a curve to
    20     the left, having a radius of 6965.55 feet, a central angle of
    21     02 degrees 35 minutes 51 seconds, a chord bearing and
    22     distance of North 12 degrees 18 minutes 15 seconds West,
    23     315.74 feet, and an arc length of 315.77 feet, to a 3/4 inch
    24     re-bar;
    25     THENCE along the southern side of Lot 2 of the "4 Lot
    26  Subdivision Of The Lands Of The Commonwealth Of Pennsylvania For
    27  The Centre County Correctional Facility";
    28     1.  not tangent to the previous course North 77 degrees 05
    29     minutes 54 seconds East, 1057.29 feet; to a 3/4 inch rebar to
    30     the point of BEGINNING.
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     1     CONTAINING 29.17 acres of land more or less.
     2     UNDER AND SUBJECT, to a 60 foot wide access easement along
     3  the eastern portion of the property, as shown on the above
     4  mentioned plan.
     5     COMMENCING at a 3/4 inch re-bar at the northeast corner of
     6  lot 1, a reference point;
     7     THENCE along the southern side of Lot 2 of the above
     8  mentioned plan South 77 degrees 05 minutes 54 seconds West,
     9  60.50 feet, to a point of BEGINNING;
    10     THENCE along the interior of Lot 1 South 47 degrees 10
    11  minutes 10 seconds East, 715.04 feet, to a point; a point of
    12  curvature;
    13     THENCE along the northern side of the 50.00 foot wide right-
    14  of-way of Rishel Hill Road; not tangent to the previous course;
    15  by the arc of a curve to the left, having a radius of 2025.00
    16  feet, a central angle of 01 degree 41 minutes 53 seconds, a
    17  chord bearing and distance of South 41 degrees 28 minutes 31
    18  seconds West, 60.02 feet, and an arc length of 60.02 feet, to a
    19  point;
    20     THENCE along the interior of Lot 1, not tangent to previous
    21  course North 47 degrees 10 minutes 10 seconds West, 756.34 feet,
    22  to a point;
    23     THENCE along the southern side of Lot 2 of above mentioned
    24  plan North 77 degrees 05 minutes 54 seconds East, 72.60 feet, to
    25  a point, point of BEGINNING.
    26                              PARCEL 2
    27     ALL THAT CERTAIN parcel of land situated in Benner Township,
    28  Centre County Pennsylvania shown as LOT 3 on a plan prepared by
    29  Sweetland Engineering and Associates, Inc. entitled "4 Lot
    30  Subdivision Of Lands Of The Commonwealth Of Pennsylvania For The
    20020S1576B2347                  - 4 -

     1  Centre County Correctional Facility," drawing number E-2065
     2  dated 06/07/01, revised 02/12/02, being part of lands now or
     3  formerly the Commonwealth of Pennsylvania (SCI-Rockview), Record
     4  Book 533, Page 121, described as follows:
     5     BEGINNING at a 3/4 inch re-bar, in the northeast corner of
     6  Lot 3;
     7     THENCE along the western side of a variable width right-of-
     8  way of the Benner Pike (SR 0150) the following (3) courses;
     9     1.  South 15 degrees 07 minutes 54 seconds East, 400.76 feet,
    10     to a 3/4 inch re-bar, a point of curvature, THENCE;
    11     2.  tangent to the previous course, by the arc of a curve to
    12     the right, having a radius of 6815.55 feet, a central angle
    13     of 07 degrees 19 minutes 34 seconds, a chord bearing and
    14     distance of South 11 degrees 28 minutes 07 seconds East,
    15     870.88 feet, and an arc length of 871.47 feet, to a 3/4 inch
    16     re-bar, THENCE;
    17     3.  not tangent to the previous coarse, South 32 degrees 39
    18     minutes 16 seconds West, 78.44 feet, to a 3/4 inch re-bar;
    19     THENCE along the northern side of the 33 foot right-of-way of
    20  Paradise Road (SR 3004) the following (3) courses;
    21     1.  North 73 degrees 17 minutes 38 seconds West, 296.22 feet,
    22     to a 3/4 inch re-bar, a point of curvature, THENCE;
    23     2.  tangent to the previous course, by the arc of a curve to
    24     the right, having a radius of 583.50 feet, a central angle of
    25     53 degrees 49 minutes 24 seconds, a chord bearing and
    26     distance of North 46 degrees 22 minutes 56 seconds West,
    27     528.20 feet, and an arc length of 548.14 feet, to a 3/4 inch
    28     re-bar, a point of tangency, THENCE;
    29     3.  North 19 degrees 28 minutes 14 seconds West, 343.99 feet,
    30     to a 3/4 inch re-bar;
    20020S1576B2347                  - 5 -

     1     THENCE along the southern side of lands now or formerly
     2  Robert E. Campolongo, Record Book 1050 page 994, and also along
     3  the southern boundary of a 20 foot wide permanent sanitary sewer
     4  right-of-way, Record Book 1240 Page 529, North 34 degrees 09
     5  minutes 55 seconds East, 334.57 feet to an existing iron pipe
     6  found,
     7     THENCE along the southern side of lands now or formerly
     8  Spring-Benner-Walker-Joint Authority, Deed Book 427 Page 540,
     9  and also along the southern side of lands now or formerly Harry
    10  K. Sickler, Jr., Record Book 947 Page 879, North 54 degrees 25
    11  minutes 12 seconds East, 439.49 feet to a 3/4 inch re-bar, the
    12  point of BEGINNING.
    13     CONTAINING 14.67 acres of land more or less.
    14     UNDER AND SUBJECT, to a required drainage easement per SR
    15  6026 section CO3 plans, at the south east corner of the
    16  property, as shown on the above mentioned plan.
    17     UNDER AND SUBJECT, to an 8.5 foot wide reserved right-of-way
    18  for future dedication, along Paradise Road and parallel with the
    19  boundary of Lot 3, as shown on above mentioned plan.
    20     (c)  Easements.--The conveyance shall be made under and
    21  subject to all lawful and enforceable easements, servitudes and
    22  rights of others, including, but not confined to streets,
    23  roadways and rights of any telephone, telegraph, water,
    24  electric, gas or pipeline companies, as well as under and
    25  subject to any lawful and enforceable estates or tenancies
    26  vested in third persons appearing of record, for any portion of
    27  the land or improvements erected thereon.
    28     (d)  Restrictive covenants.--The deed of conveyance shall
    29  contain the following restrictive covenants:
    30     (1)  UNDER AND SUBJECT to a condition that the Grantee, shall
    20020S1576B2347                  - 6 -

     1  utilize Parcel 1 as an adult correctional facility and for no
     2  other purpose. If the Grantee utilizes Parcel 1 for any other
     3  purpose, or attempts to convey said parcel, it shall immediately
     4  revert to and revest in the Grantor.
     5     (2)  UNDER AND SUBJECT to a condition that the Grantee, its
     6  successors or assigns, shall utilize Parcel 2 as a fire training
     7  facility and for no other purpose. If Parcel 2 is utilized by
     8  the Grantee, its successors or assigns for any other purpose, it
     9  shall immediately revert to and revest in the Grantor.
    10     (e)  Deed.--The deed of conveyance shall be by Special
    11  Warranty Deed and shall be executed by the Secretary of General
    12  Services in the name of the Commonwealth of Pennsylvania.
    13     (f)  Costs.--Costs and fees incidental to this conveyance
    14  shall be borne by the Grantee.
    15     (g)  Alternative disposition.--In the event that terms of an
    16  agreement of sale cannot be reached between the parties within
    17  12 months of the effective date of this act, the property may be
    18  disposed of in accordance with section 2406-A of the act of
    19  April 9, 1929 (P.L.177, No.175), known as The Administrative
    20  Code of 1929. If the property is disposed of pursuant to this
    21  subsection, the deed of conveyance shall not contain the
    22  restrictive covenants required in subsection (d).
    23  Section 2.  Effective date.
    24     This act shall take effect immediately.




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