THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, MAY 11, 2009

REFERRED TO STATE GOVERNMENT, MAY 11, 2009  

AN ACT

Authorizing the Department of General Services, with the

approval of the Governor, authorizing certain lands in Centre

County to be conveyed.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Conveyances in Benner Township, Centre County,

Pennsylvania.

(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,

being a portion of the Rockview State Correctional Institution,

situate in Benner Township, Centre County in exchange for Centre

County Industrial Development Corporation conveying certain

lands to the Commonwealth of Pennsylvania, acting by and through

the Department of General Services, for the purpose of adding

the same to the existing lands of the Rockview State

Correctional Institution.

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

The property to be conveyed to the Centre County Industrial

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

0.348-acres and any improvements thereon bounded and more

particularly described as follows:

All that certain tract of land situated in Benner Township,

Centre County, PA, being a Lot Addition, 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 a point, lying in a southerly R/W line of Rishel

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the left, having a chord bearing of N68°52'58"W, 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, being a northerly corner of Lot No

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

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

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

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

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

acres.

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

property to be conveyed to the Commonwealth of Pennsylvania,

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

Centre County Industrial Development Corporation, pursuant to

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

acres and any improvements thereon bounded and more particularly

described as follows:

Tract 1

All that certain tract of land situated in Benner Township,

Centre County, PA, being a lot addition to Lot 4A, 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 a point, lying in a southerly R/W line of Rishel

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

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

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

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

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

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

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

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

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

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

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

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

the left, having a chord bearing of N39°41'44"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 N47°38'06"W, 153.52

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tract 2

All that certain tract of land situated in Benner Township,

Centre County, PA, being a Lot Addition, 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 a point, lying in an easterly line of Former Lot

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

0.138 acres.

(d)  Easements.--The conveyances 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.

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

(b) of 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, and its

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

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

be used in violation of this subsection, the title shall

immediately revert to and revest in the Grantor.

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

Warranty Deed and shall be properly executed by the respective

entities.

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

Corporation shall bear all costs associated with the land

conveyances authorized by this section.

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

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

the authority contained under this section shall expire.

Section 2.  Conveyance to the highest responsible bidder of

three parcels of property located in Benner Township,

Centre County, Pennsylvania.

(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, at a price

to be determined through competitive bidding, three parcels of

land and improvements situate in Benner Township, Centre County.

The parcels of property contained in this section may be offered

for sale either together or separately.

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

subsection (a) consists of three parcels totaling 46.73-acres

and improvements thereon bounded and more particularly described

as follows:

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 S68°52'58"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 S39°13'29"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 S47°38'06"E, 153.52 feet to an iron

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

of S39°41'44"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 S31°45'22"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 S61°19'14"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 S61°58'32"W, 478.19 feet to

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

bearing of S77°02'31"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 N87°53'30"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

N01°50'29"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

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

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

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

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

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

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 N44°35'31"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 N31°26'05"E, 140.94 feet to an iron

pin; thence N20°07'29"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 N31°26'05"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 N37°35'53"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 S47°10'10"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: S64°43'55"W,

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

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

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

S59°25'10"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: N31°45'22"W, 93.01

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

chord bearing of N39°41'44"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 N47°38'06"W, 153.52 feet to an iron pin; thence

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

N40°24'58"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

N12°16'33"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.

PARCEL 19

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

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

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

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

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

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

Record Book 142, Page 39, 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 (SR0150) the following (3) courses;

        1.  S 15 degrees, 07 minutes, 54 seconds E, 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 7 degrees, 19

            minutes, 34 seconds, a chord bearing

            and distance of S 11 degrees, 28 minutes,

            07 seconds E, 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 course, S 32

            degrees, 39 minutes, 16 seconds W, 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 (SR3004) the following (3) courses;

        1.  N 73 degrees, 17 minutes, 38 seconds W, 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 right, having a radius of 583.50 feet, a

            central angle of 53 degrees, 49 minutes, 24

            seconds,

            a chord bearing and distance of N 46 degrees,

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

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

            a point of tangency, THENCE;

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

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

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 of Harry K.

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

seconds E, 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 SR6026

section C03 plans, as the southeast 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 the 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 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.

(d)  Execution.--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.

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

Department of General Services in selling the property described

in section 2 shall be deducted from the purchase price and

transferred to the appropriation from which the costs and fees

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

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

Section 3. Reservation and grant of easements.

To effectuate this act, the Department of General Services is

hereby authorized, on behalf of the Commonwealth of

Pennsylvania, to reserve or grant any such easements on the

property known as the State Correctional Institution at Rockview

as the Secretary of the Department of General Services shall

determine are appropriate or desirable, including, without

limitation, for access and utility service.

Section 10.  Effective date.

This act shall take effect immediately.