HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 1027, 1369

PRINTER'S NO.  1370

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

862

Session of

2009

  

  

INTRODUCED BY CORMAN, MAY 11, 2009

  

  

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, AUGUST 3, 2009   

  

  

  

AN ACT

  

1

Authorizing the Department of General Services, with the

2

approval of the Governor, authorizing certain lands in Centre

3

County to be conveyed.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Conveyances in Benner Township, Centre County,

7

Pennsylvania.

8

(a)  Authorization.--The Department of General Services, with

9

the approval of the Governor, is hereby authorized on behalf of

10

the Commonwealth of Pennsylvania to grant and convey to the

11

Centre County Industrial Development Corporation certain lands,

12

being a portion of the Rockview State Correctional Institution,

13

situate in Benner Township, Centre County in exchange for Centre

14

County Industrial Development Corporation conveying certain

15

lands to the Commonwealth of Pennsylvania, acting by and through

16

the Department of General Services, for the purpose of adding

17

the same to the existing lands of the Rockview State

18

Correctional Institution.

 


1

(b)  Description for conveyance to development corporation.--

2

The property to be conveyed to the Centre County Industrial

3

Development Corporation, pursuant to subsection (a), consists of

4

0.348-acres and any improvements thereon bounded and more

5

particularly described as follows:

6

All that certain tract of land situated in Benner Township,

7

Centre County, PA, being a Lot Addition, as shown on a plan

8

entitled, "Lot Addition and Replot Plan, Final Plan – Benner

9

Commerce Park Lot Addition and Replots of Lands of the Centre

10

County Industrial Development Corporation and the Commonwealth

11

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

12

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

13

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

14

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

15

and described as follows:

16

Beginning at a point, lying in a southerly R/W line of Rishel

17

Hill Road (T-532, 70'R/W) and lying in a northerly R/W line of

18

Proposed Venture Drive (60'R/W); thence traversing through

19

Proposed Venture Drive, S31°54'58"E, 26.86 feet to a point,

20

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

21

line of Lot 4AR; thence along said lot, along a curve to the

22

left, having a chord bearing of S17°50'25"E, a chord distance of

23

26.48 feet, a radius of 50.00 feet and an arc length of 26.80

24

feet to a point; thence continuing along said lot, along a curve

25

to the left, having a chord bearing of S37°20'53"E, a chord

26

distance of 68.04 feet, a radius of 470.00 feet and an arc

27

length of 68.10 feet to a point, lying in a westerly line of

28

said lot and in an easterly R/W line of Proposed Venture Drive

29

(60'R/W); thence traversing through said R/W, S31°54'58"E,

30

146.15 feet to a point; thence continuing through said R/W,

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1

S25°53'10"E, 62.33 feet to a point, lying in a westerly line of

2

Proposed Venture Drive and lying in an easterly line of Lot No

3

4BR; thence along said lot, the following bearings and

4

distances: N47°38'06"W, 148.34 feet to an iron pin; thence along

5

a curve to the right, having a chord bearing of N39°13'29"W, a

6

chord distance of 155.04 feet, a radius of 530.00 feet and an

7

arc length of 155.59 feet to an iron pin; thence along a curve

8

to the left, having a chord bearing of N68°52'58"W, a chord

9

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

10

of 66.44 feet to an iron pin, being a northerly corner of Lot No

11

4BR and lying in a southerly R/W line of Rishel Hill Road

12

(T-532, 70'R/W); thence along said R/W, along a curve to the

13

left, having a chord bearing of N67°37'48"E, a chord distance of

14

104.99 feet, a radius of 555.87 feet and an arc length of 105.15

15

feet to a point, being the place of beginning, containing 0.348

16

acres.

17

(c)  Description for conveyance to Commonwealth.--The

18

property to be conveyed to the Commonwealth of Pennsylvania,

19

acting by and through the Department of General Services, by the

20

Centre County Industrial Development Corporation, pursuant to

21

subsection (a) consists of two tracts of land totaling 0.760-

22

acres and any improvements thereon bounded and more particularly

23

described as follows:

24

Tract 1

25

All that certain tract of land situated in Benner Township,

26

Centre County, PA, being a lot addition to Lot 4A, as shown on a

27

plan entitled, "Lot Addition and Replot Plan, Final Plan –

28

Benner Commerce Park Lot Addition and Replots of Lands of the

29

Centre County Industrial Development Corporation and the

30

Commonwealth of Pennsylvania – Replot of Lot 5BR (of Plat Book

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1

81, Page 168) into Lot 5BRR and Lots 4A & 4B (of Plat Book 78,

2

Page 12) into Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated

3

February 5, 2009, by PennTerra Engineering, Inc., State College,

4

PA, being bounded and described as follows:

5

Beginning at a point, lying in a southerly R/W line of Rishel

6

Hill Road (T-532, 70'R/W) and lying in a northerly line of Tax

7

Parcel 12-3-215 (Lot 4A); thence traversing through said lot,

8

S31°54'58"E, 266.44 feet to a point; thence S37°49'20"E, 291.79

9

feet to a point, lying in a southerly line of said Tax Parcel

10

and in a northerly R/W line of U.S. 0220/Future I-99 (Variable

11

R/W); thence along said R/W, along a curve to the right, having

12

a chord bearing of S60°16'05"W, a chord distance of 37.88 feet,

13

a radius of 11379.16 feet and an arc length of 37.88 feet to an

14

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

15

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

16

along said R/W, the following bearings and distances:

17

N31°45'22"W, 93.01 feet to an iron pin; thence along a curve to

18

the left, having a chord bearing of N39°41'44"W, a chord

19

distance of 146.42 feet, a radius of 530.00 feet and an arc

20

length of 146.89 feet to an iron pin; thence N47°38'06"W, 153.52

21

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

22

chord bearing of N44°34'01"W, a chord distance of 50.31 feet, a

23

radius of 470.00 feet and an arc length of 50.34 feet to a

24

point, lying in an easterly line of said R/W and in a westerly

25

line of Lot 4A; thence traversing through Lot 4A N31°54'58"W,

26

93.42 feet to a point, lying in a westerly line of said lot and

27

lying in an easterly R/W line of Proposed Venture Drive

28

(60'R/W); thence along said R/W, along a curve to the right,

29

having a chord bearing of N27°37'58"E, a chord distance of 50.18

30

feet, a radius of 50.00 feet and an arc length of 52.56 feet to

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1

an iron pin, being an easterly corner of said R/W and lying in a

2

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

3

along Rishel Hill Road, along a curve to the left, having a

4

chord bearing of N55°51'12"E, a chord distance of 36.77 feet, a

5

radius of 555.87 feet and an arc length of 36.78 feet to a

6

point, being the place of beginning, containing 0.622 acres.

7

Tract 2

8

All that certain tract of land situated in Benner Township,

9

Centre County, PA, being a Lot Addition, as shown on a plan

10

entitled, "Lot Addition and Replot Plan, Final Plan – Benner

11

Commerce Park Lot Addition and Replots of Lands of the Centre

12

County Industrial Development Corporation and the Commonwealth

13

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

14

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

15

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

16

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

17

and described as follows:

18

Beginning at a point, lying in an easterly line of Former Lot

19

4B and lying in a westerly line of proposed Venture Drive (60'

20

R/W); thence along said R/W, S47°38'06"E, 5.18 feet to an iron

21

pin; thence continuing along said R/W, along a curve to the

22

right, having a chord bearing of S39°41'44"E, a chord distance

23

of 129.84 feet, a radius of 470.00 feet and an arc length of

24

130.26 feet to a point; thence continuing along said R/W

25

S31°45'22"E, 90.63 feet to an iron pin, being a southerly corner

26

of said R/W and lying in a northerly line of U.S. 0220/Future

27

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

28

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

29

S60°46'20"W, a chord distance of 42.25 feet, a radius of

30

11379.16 feet and an arc length of 42.25 feet to an iron pin,

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1

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

2

corner of Former Lot No. 4B; thence along said lot N25°53'10"W,

3

223.52 feet to a point, being the place of beginning, containing

4

0.138 acres.

5

(d)  Easements.--The conveyances shall be made under and

6

subject to all lawful and enforceable easements, servitudes and

7

rights of others, including but not confined to streets,

8

roadways and rights of any telephone, telegraph, water,

9

electric, gas or pipeline companies, as well as under and

10

subject to any lawful and enforceable estates or tenancies

11

vested in third persons appearing of record, for any portion of

12

the land or improvements erected thereon.

13

(e)  Restriction.--The conveyance authorized by subsection

14

(b) of this act shall be made under and subject to the

15

condition, which shall be contained in the deed of conveyance,

16

that no portion of the property conveyed shall be used as a

17

licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to

18

definitions), or any other similar type of facility authorized

19

under State law. The condition shall be a covenant running with

20

the land and shall be binding upon the Grantee, and its

21

successors. Should the Grantee, or its successors, permit any

22

portion of the property authorized to be conveyed in this act to

23

be used in violation of this subsection, the title shall

24

immediately revert to and revest in the Grantor.

25

(f)  Execution.--The deeds of conveyance shall be by Special

26

Warranty Deed and shall be properly executed by the respective

27

entities.

28

(g)  Costs.--The Centre County Industrial Development

29

Corporation shall bear all costs associated with the land

30

conveyances authorized by this section.

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1

(h)  Expiration.--In the event that the conveyances are not

2

executed within one year of the effective date of this section,

3

the authority contained under this section shall expire.

4

Section 2.  Conveyance to the highest responsible bidder of

5

three parcels of property located in Benner Township,

<--

6

Centre County, Pennsylvania.

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, at a price

10

to be determined through competitive bidding, three parcels one

<--

11

parcel of land and improvements situate in Benner Township,

12

Centre County. The parcels of property contained in this section

13

may be offered for sale either together or separately.

14

(b)  Description.--The property to be conveyed pursuant to

15

subsection (a) consists of three parcels one parcel totaling

<--

16

46.73-acres 14.77 acres and improvements thereon bounded and

<--

17

more particularly described as follows:

18

Lot 4BR

<--

19

All that certain tract of land situated in Benner Township,

20

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

21

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

22

Lot Addition and Replots of Lands of the Centre County

23

Industrial Development Corporation and the Commonwealth of

24

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

25

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

26

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

27

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

28

and described as follows:

29

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

30

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

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1

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

2

Venture Drive, the following bearings and distances: along a

3

curve to the right, having a chord bearing of S68°52'58"E, a

4

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

5

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

6

left, having a chord bearing of S39°13'29"E, a chord distance of

7

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

8

feet to an iron pin; thence S47°38'06"E, 153.52 feet to an iron

9

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

10

of S39°41'44"E, a chord distance of 129.84 feet, a radius of

11

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

12

thence S31°45'22"E, 90.63 feet to an iron pin, being a southerly

13

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

14

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

15

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

16

having a chord bearing of S61°19'14"W, a chord distance of

17

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

18

260.13 feet to an iron pin; thence S61°58'32"W, 478.19 feet to

19

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

20

bearing of S77°02'31"W, a chord distance of 145.57 feet, a

21

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

22

iron pin; thence N87°53'30"W, 330.60 feet to an iron pin, lying

23

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

24

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

25

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

26

N01°50'29"W, a chord distance of 797.38 feet, a radius of

27

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

28

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

29

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

30

N33°18'46"E, 55.19 feet to an iron pin; thence N57°35'25"E,

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1

41.13 feet to an iron pin; thence N79°16'07"E, 41.17 feet to an

2

iron pin; thence S84°04'41"E, 80.12 feet to an iron pin; thence

3

S73°17'38"E, 252.18 feet to an iron pin; thence along a curve to

4

the left, having a chord bearing of N89°52'40"E, a chord

5

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

6

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

7

beginning, containing 16.351 acres.

8

Lot 4AR

9

All that certain tract of land situated in Benner Township,

10

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

11

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

12

Lot Addition and Replots of Lands of the Centre County

13

Industrial Development Corporation and the Commonwealth of

14

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

15

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

16

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

17

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

18

and described as follows:

19

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

20

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

21

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

22

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

23

having a chord bearing of N44°35'31"E, a chord distance of

24

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

25

feet to an iron pin; thence N31°26'05"E, 140.94 feet to an iron

26

pin; thence N20°07'29"E, 50.99 feet to an iron pin lying in a

27

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

28

along said R/W N31°26'05"E, 16.59 feet to an iron pin; thence

29

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

30

chord bearing of N37°35'53"E, a chord distance of 424.09 feet, a

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1

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

2

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

3

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

4

Rogers, Ronnie Lee Rogers, Bonnie Lou Moerschbacher and

5

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

6

thence along said lands S47°10'10"E, 903.84 feet to an iron pin,

7

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

8

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

9

said R/W the following bearings and distances: S64°43'55"W,

10

96.12 feet to an iron pin; thence S58°28'32"W, 200.00 feet to an

11

iron pin; thence S56°06'30"W, 363.15 feet to an iron pin; thence

12

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

13

S59°25'10"W, a chord distance of 374.92 feet, a radius of

14

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

15

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

16

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

17

R/W, the following bearings and distances: N31°45'22"W, 93.01

18

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

19

chord bearing of N39°41'44"W, a chord distance of 146.42 feet, a

20

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

21

iron pin; thence N47°38'06"W, 153.52 feet to an iron pin; thence

22

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

23

N40°24'58"W, a chord distance of 118.12 feet, a radius of 470.00

24

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

25

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

26

N12°16'33"E, a chord distance of 71.29 feet, a radius of 50.00

27

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

28

place of beginning, containing 15.709 acres.

29

PARCEL 19

30

ALL THAT CERTAIN parcel of land situated in Benner Township,

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1

Centre County, Pennsylvania shown as Lot 3 on a plan prepared by

2

Sweetland Engineering and Associates, Inc. entitled "4 Lot

3

Subdivision of Lands of the Commonwealth of Pennsylvania for

4

Centre County Correctional Facility", drawing numbers E-2491 and

5

E-2492 dated 02/06/03, revised to 03/31/03, and recorded in the

6

Recorder's Office of Centre County in Plat Book Volume 68 at

7

pages 126 and 127 on 06/05/03, being part of lands now or

8

formerly of the Commonwealth of Pennsylvania (SCI-Rockview),

9

Record Book 142, Page 39, described as follows:

10

BEGINNING at a 3/4 inch re-bar, in the northeast corner of Lot

11

3;

12

THENCE along the western side of a variable width right-of-way

13

of the Benner Pike (SR0150) the following (3) courses;

14

        1.  S 15 degrees, 07 minutes, 54 seconds E, 400.76

15

            feet to a 3/4 inch re-bar, a point of

16

            curvature, THENCE;

17

        2.  tangent to the previous course, by the arc of a

18

            curve to the right, having a radius of

19

            6815.55 feet, a central angle of 7 degrees, 19

20

            minutes, 34 seconds, a chord bearing

21

            and distance of S 11 degrees, 28 minutes,

22

            07 seconds E, 870.88 feet, and an arc length

23

            of 871.47 feet, to a 3/4 inch re-bar, THENCE;

24

        3.  not tangent to the previous course, S 32

25

            degrees, 39 minutes, 16 seconds W, 78.44 feet,

26

            to a 3/4 inch re-bar;

27

THENCE along the northern side of the 33 foot right-of-way of

28

Paradise Road (SR3004) the following (3) courses;

29

        1.  N 73 degrees, 17 minutes, 38 seconds W, 296.22

30

            feet, to a 3/4 inch re-bar, a point of curvature,

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1

            THENCE;

2

        2.  tangent to the previous course, by the arc of a

3

            curve right, having a radius of 583.50 feet, a

4

            central angle of 53 degrees, 49 minutes, 24

5

            seconds,

6

            a chord bearing and distance of N 46 degrees,

7

            22 minutes, 56 seconds W, 528.20 feet, and an

8

            arc length of 548.14 feet, to a 3/4 inch re-bar

9

            a point of tangency, THENCE;

10

        3.  N 19 degrees, 28 minutes, 14 seconds W, 343.99

11

            feet, to a 3/4 inch re-bar;

12

THENCE along the southern side of lands now or formerly Spring-

13

Benner-Walker Joint Authority, Deed Book 427, Page 540, and also

14

along the southern side of lands now or formerly of Harry K.

15

Sickler, Record Book 947, Page 879, N 54 degrees, 25 minutes, 12

16

seconds E, 439.49 feet to a 3/4 inch re-bar, the point of

17

BEGINNING.

18

CONTAINING 14.67 acres of land more or less.

19

UNDER AND SUBJECT to a required drainage easement per SR6026

20

section C03 plans, as the southeast corner of the property, as

21

shown on the above mentioned plan.

22

UNDER AND SUBJECT to an 8.5 foot wide reserved right-of-way for

23

future dedication, along Paradise Road and parallel with the

24

boundary of Lot 3, as shown on the above mentioned plan.

25

(c)  Easements.--The conveyance shall be made under and

26

subject to all lawful and enforceable easements, servitudes and

27

rights of others, including, but not limited to, streets,

28

roadways and rights of any telephone, telegraph, water,

29

electric, gas or pipeline companies, as well as under and

30

subject to any lawful and enforceable estates or tenancies

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1

vested in third persons appearing of record, for any portion of

2

the land or improvements erected thereon.

3

(d)  Execution.--The deed of conveyance shall be by Special

4

Warranty Deed and shall be executed by the Secretary of General

5

Services in the name of the Commonwealth of Pennsylvania.

6

(e)  Costs and fees.--All costs and fees incurred by the

7

Department of General Services in selling the property described

8

in section 2 shall be deducted from the purchase price and

9

transferred to the appropriation from which the costs and fees

10

were paid by the Department of General Services. The balance of

11

the proceeds of the sale shall be deposited in the General Fund.

12

Section 3.  Reservation and grant of easements.

13

To effectuate this act, the Department of General Services is

14

hereby authorized, on behalf of the Commonwealth of

15

Pennsylvania, to reserve or grant any such easements on the

16

property known as the State Correctional Institution at Rockview

17

as the Secretary of the Department of General Services shall

18

determine are appropriate or desirable, including, without

19

limitation, for access and utility service.

20

Section 10.  Effective date.

21

This act shall take effect immediately.

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