PRIOR PRINTER'S NOS. 3257, 4006, 4055

PRINTER'S NO.  4433

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2275

Session of

2010

  

  

INTRODUCED BY PEIFER, CALTAGIRONE AND KORTZ, MARCH 5, 2010

  

  

AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, OCTOBER 4, 2010   

  

  

  

AN ACT

  

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Authorizing the Department of General Services, with the

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approval of the Governor, to grant and convey to The

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Pennsylvania State University, certain lands situate in

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Benner Township, Centre County; authorizing the Department of

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General Services, with the approval of the Governor, to grant

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and convey to Benner Township, certain lands situate in

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Benner Township, Centre County; authorizing the Department of

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General Services, with the approval of the Governor, to grant

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and convey to the Pennsylvania Fish and Boat Commission,

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certain lands situate in Benner Township, Centre County;

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authorizing the Department of General Services, with the

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approval of the Governor, to grant and convey to the

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Pennsylvania Game Commission, certain lands situate in Benner

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Township, Centre County; authorizing Authorizing the

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Department of Conservation and Natural Resources, with the

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

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Bible Chapel certain lands situate in South Canaan Township,

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Wayne County, in exchange for certain property in South

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Canaan Township, Wayne County, to be conveyed by the Canaan

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Bible Chapel to the Commonwealth of Pennsylvania; authorizing

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the Department of General Services, with the approval of the

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Department of Education and the Governor, to grant and convey

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to Marywood University approximately ten acres including nine

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buildings and all improvements thereon, known as the Scranton

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State School for the Deaf, situate at 1800 N. Washington

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Avenue in the City of Scranton and Borough of Dunmore,

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Lackawanna County; authorizing the Department of General

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Services, with the approval of the Governor, to grant and

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convey to the Philadelphia Authority for Industrial

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Development, certain lands situate in the 38th Ward of the

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City of Philadelphia, Philadelphia County; authorizing the

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Department of General Services, with the approval of the

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Governor and the Department of Public Welfare, to grant and

 


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convey to Frenchcreek Township, Venango County, approximately

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1.15-acres and improvements thereon, together with a 50'

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right-of-way, at Polk Center, situate in Polk Borough,

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Venango County; authorizing the Pennsylvania Game Commission

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to transfer, sell and convey certain Project 70 lands free of

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restrictions imposed by the Project 70 Land Acquisition and

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Borrowing Act; authorizing the release of Project 70

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restrictions imposed on certain lands owned by the City of

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York, York County, under certain conditions; imposing Project

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70 restrictions on certain lands being conveyed to the City

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of York; AND authorizing the Department of General Services,

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

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Aloe Brothers LLC, certain lands situate in South Fayette

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Township, Allegheny County; authorizing the Department of

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General Services, with the approval of the Governor, to grant

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and convey to Indiana University of Pennsylvania certain

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lands situate in White Township, Indiana County; and

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authorizing the Department of General Services, with the

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approval of the Department of Corrections and the Governor,

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to dedicate, grant and convey to the Frackville Area

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Municipal Authority, a waste water system and appurtenances,

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together with easements for public sewer purposes, situate in

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Ryan Township, Schuylkill County.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Conveyance to The Pennsylvania State University in

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Benner Township, Centre County, Pennsylvania.

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

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

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the Commonwealth of Pennsylvania to grant and convey to The

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Pennsylvania State University certain land and improvements

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situate in Benner Township, Centre County for $407,570 and under

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terms and conditions to be established in an agreement of sale.

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

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subsection (a) consists of three parcels totaling 451.8505-acres

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and improvements thereon bounded and more particularly described

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as follows:

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PARCEL PSU A

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Beginning at a point in the northern right-of-way line for

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limited access of SR6026, Section C03 at the common southwestern

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corner of "Parcel Benner B", said point having coordinates

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referenced to the Pennsylvania State Plane Coordinate System

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North Zone, North American Datum of 1983 of Northing 248832.3303

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and Easting 1951111.9239;

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Thence along the northern right-of-way line for limited access

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of SR6026, Section C03 the following nine (9) courses:

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1.  S 80-25-53 W a distance of 44.81 feet to a point; Thence

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2.  S 09-59-00 E a distance of 392.39 feet to a point; Thence

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3.  S 12-29-48 E a distance of 120.79 feet to a point; Thence

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4.  S 09-14-07 E a distance of 342.03 feet to a point; Thence

10

5.  S 17-53-41 E a distance of 116.55 feet to a point; Thence

11

6.  S 61-44-18 W a distance of 786.25 feet to a point; Thence

12

7.  S 60-51-43 W a distance of 550.97 feet to a point; Thence

13

8.  S 66-00-49 W a distance of 415.98 feet to a point; Thence

14

9.  along a curve to the right having a radius of 2670.79,

15

central angle of 03° 36' 12", chord bearing and distance of S

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68-18-02 W a distance of 167.93 feet, an arc distance of 167.97

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feet to a point; Thence along lands now or formerly of the

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University Area Joint Authority N 39-24-26 W a distance of

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105.63 feet to a point;

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Thence along lands now or formerly of Betty H. Delafield the

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following two (2) courses:

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1.  N 51-04-20 E a distance of 1057.37 feet to a point;

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Thence

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2.  N 38-46-35 W a distance of 1304.38 feet to a point;

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Thence along "Parcel PGC B" the following (2) courses:

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1.  N 66-39-59 E a distance of 1233.16 feet to a point;

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Thence

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2.  N 80-24-34 E a distance of 421.46 feet to a point;

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Thence along "Parcel Benner B" S 09-35-26 E a distance of 496.39

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feet to the point of beginning.

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Containing 2,159,073 square feet or 49.5655 acres of land, gross

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area, be the same more or less.

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PARCEL PSU B

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Beginning at a point in the northern right-of-way line of SR6026

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Section C03 at the common southern corner of "Parcel PGC C" and

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the southeastern corner of the herein described parcel, said

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point having coordinates referenced to the Pennsylvania State

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Plane Coordinate System North Zone, North American Datum of 1983

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of Northing 252516.7408 Easting 1956711.7022;

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Thence along the northern right-of-way line of SR6026 Section

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C03 the following fourteen (14) courses:

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1.  S 60-20-57 W a distance of 219.32 feet to a point; Thence

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2.  S 37-12-08 W a distance of 573.89 feet to a point; Thence

14

3.  S 11-11-54 W a distance of 336.11 feet to a point; Thence

15

4.  along a curve to the right having a radius of 7469.44,

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central angle of 05° 13' 30", chord bearing and distance of S

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45-18-46 W a distance of 680.92 feet, an arc distance of 681.16

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feet to a point; Thence

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5.  S 47-56-16 W a distance of 3.26 feet to a point; Thence

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6.  S 47-56-16 W a distance of 385.01 feet to a point; Thence

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7.  S 45-16-56 W a distance of 408.54 feet to a point; Thence

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8.  S 50-54-04 W a distance of 700.00 feet to a point; Thence

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9.  S 89-33-39 W a distance of 256.12 feet to a point; Thence

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10.  S 53-45-48 W a distance of 400.50 feet to a point;

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Thence

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11.  S 48-59-31 W a distance of 600.33 feet to a point;

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Thence

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12.  S 60-40-07 W a distance of 359.56 feet to a point;

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Thence

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13.  S 17-28-34 W a distance of 299.54 feet to a point;

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14.  S 64-43-13 W a distance of 154.94 feet to a point;

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Thence along "Parcel PGC C" the following fifteen (15) courses:

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1.  N 21-32-16 W a distance of 1900.70 feet to a point;

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Thence

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2.  N 56-46-15 E a distance of 16.95 feet to a point; Thence

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3.  N 88-14-59 E a distance of 118.07 feet to a point; Thence

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4.  N 73-19-05 E a distance of 152.99 feet to a point; Thence

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5.  N 71-00-34 E a distance of 191.00 feet to a point; Thence

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6.  N 18-59-26 W a distance of 148.64 feet to a point; Thence

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7.  N 39-46-23 E a distance of 856.72 feet to a point; Thence

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8.  N 58-37-42 E a distance of 391.11 feet to a point; Thence

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9.  N 36-50-33 E a distance of 467.02 feet to a point; Thence

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10.  N 40-51-08 W a distance of 393.70 feet to a point;

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Thence

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11.  N 24-18-10 E a distance of 302.73 feet to a point;

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Thence

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12.  N 64-36-24 E a distance of 1678.24 feet to a point;

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Thence

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13.  N 83-40-05 E a distance of 488.71 feet to a point;

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Thence

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14.  N 63-00-59 E a distance of 200.82 feet to a point;

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Thence

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15.  S 36-08-01 E a distance of 1464.52 feet to the point of

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beginning.

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Containing 9,714,928 square feet or 223.0241 acres of land,

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gross area, be the same more or less.

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PARCEL PSU C

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Beginning at a point in the western right-of-way line of

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Paradise Road, SR3004, at the southeastern corner of lands now

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or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, said

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point having coordinates referenced to the Pennsylvania State

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Plane Coordinate System North Zone, North American Datum of 1983

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of Northing 259837.0514 and Easting 1959686.5940;

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Thence along the western right-of-way line of Paradise Road,

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SR3004 S 19-28-14 E a distance of 313.43 feet to a point;

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Thence along lands now or formerly of the Counties of Centre,

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Clearfield, Clinton, Huntingdon and Mifflin, Centre County Deed

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Book 397, Page 516 the following three (3) courses:

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1.  S 34-06-51 W a distance of 504.08 feet to a point; Thence

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2.  S 55-53-09 E a distance of 430.00 feet to a point; Thence

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3.  N 34-06-51 E a distance of 382.81 feet to a point;

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Thence along the western right-of-way line of Paradise Road,

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SR3004 the following two (2) courses:

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1.  along a curve to the left having a radius of 616.50,

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central angle of 11° 55' 06", chord bearing and distance of S

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67-20-05 E a distance of 128.01 feet, an arc distance of 128.24

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feet to a point; Thence

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2.  S 73-17-38 E a distance of 42.17 feet to a point;

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Thence along "Parcel DGS\DOC D" the following two (2) courses:

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1.  S 16-43-28 W a distance of 228.70 feet to a point; Thence

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2.  S 71-03-30 E a distance of 369.77 feet to a point;

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Thence along the northern right-of-way line of SR6026, Section

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C03 the following fourteen (14) courses:

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1.  S 05-39-50 E a distance of 50.32 feet to a point; Thence

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2.  S 00-47-09 W a distance of 507.02 feet to a point; Thence

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3.  along a curve to the right having a radius of 270.00,

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central angle of 67° 23' 15", chord bearing and distance of S

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36-52-23 W a distance of 299.57 feet, an arc distance of 317.55

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feet to a point; Thence

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4.  S 67-22-10 W a distance of 358.58 feet to a point; Thence

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5.  along a curve to the left having a radius of 650.00,

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central angle of 42° 31' 14", chord bearing and distance of S

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49-18-23 W a distance of 471.39 feet, an arc distance of 482.38

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feet to a point; Thence

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6.  along a curve to the left having a radius of 470.00,

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central angle of 16° 01' 08", chord bearing and distance of S

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20-02-12 W a distance of 130.98 feet, an arc distance of 131.40

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feet to a point; Thence

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7.  S 04-04-16 W a distance of 273.46 feet to a point; Thence

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8.  S 20-02-53 E a distance of 366.54 feet to a point; Thence

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9.  along a curve to the right having a radius of 390.00,

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central angle of 52° 37' 50", chord bearing and distance of S

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06-16-02 W a distance of 345.78 feet, an arc distance of 358.24

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feet to a point; Thence

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10.  S 32-52-49 W a distance of 425.25 feet to a point;

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Thence

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11.  S 35-30-08 W a distance of 818.56 feet to a point;

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Thence

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12.  S 36-41-39 W a distance of 400.02 feet to a point;

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Thence

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13.  S 77-39-11 W a distance of 467.55 feet to a point;

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Thence

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14.  N 58-38-32 W a distance of 120.42 feet to a point;

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Thence along "Parcel PGC D" the following eight (8) courses:

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1.  N 59-41-39 W a distance of 130.00 feet to a point; Thence

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2.  along a curve to the right having a radius of 175.00,

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central angle of 16° 58' 41", chord bearing and distance of N

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49-47-02 W a distance of 51.67 feet, an arc distance of 51.86

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feet to a point; Thence

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3.  N 41-17-42 W a distance of 127.37 feet to a point; Thence

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4.  S 48-42-18 W a distance of 50.00 feet to a point; Thence

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5.  N 46-26-49 W a distance of 1021.22 feet to a point;

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Thence

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6.  N 11-30-56 E a distance of 278.82 feet to a point; Thence

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7.  N 31-09-05 E a distance of 2231.65 feet to a point;

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Thence

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8.  N 54-04-45 W a distance of 245.93 feet to a point;

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Thence along "Parcel PFBC D" the following five (5) courses:

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1.  N 09-11-53 E a distance of 397.70 feet to a point; Thence

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2.  N 11-25-08 E a distance of 143.11 feet to a point; Thence

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3.  N 10-47-15 E a distance of 163.47 feet to a point; Thence

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4.  N 15-32-46 W a distance of 176.33 feet to a point; Thence

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5.  N 32-17-55 W a distance of 263.05 feet to a point;

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Thence along lands now or formerly of Harry J. Foulkrod & Sandra

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B. Foulkrod, and concluding along lands now or formerly of Jerry

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L. Ross & Paula J. Ross S 59-41-55 E a distance of 1054.94 feet

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to a point;

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Thence continuing along lands now or formerly of Jerry L. Ross &

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Paula J. Ross and concluding along lands now or formerly of

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Harry J. Foulkrod & Sandra B. Foulkrod, N 33-59-02 E a distance

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of 1204.75 feet to the point of beginning.

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Containing 7,808,606 square feet or 179.2609 acres of land,

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gross area, be the same more or less.

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

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subject to all lawful and enforceable easements, servitudes and

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rights of others, including but not confined to streets,

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roadways and rights of any telephone, telegraph, water,

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

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subject to any lawful and enforceable estates or tenancies

30

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

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the land or improvements erected thereon.

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(d)  Land use restriction.--

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(1)  The deed of conveyance shall contain the following

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restrictive covenant: "Under and subject to a condition that

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the land conveyed herein shall be used solely for

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agricultural purposes in the furtherance of the Grantee's

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mission of education related to agricultural sciences. Should

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the Grantee attempt to convey the property, or any portion

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thereof, (other than exchanges for parcels known as interiors

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or indentures which may be conveyed among the parties to

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solidify contiguous management parcels and promote overall

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management goals and objectives of the parties involved), or

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utilize it for any other purpose, the property shall

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immediately revert to the Grantor."

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(2)  The conveyance shall be made under and subject to a

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restrictive covenant that the Grantee shall convey and record

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a perpetual conservation easement to the Clearwater

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Conservancy and the Department of Conservation and Natural

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Resources as co-holders as that term is defined in the act of

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June 22, 2001 (P.L.390, No.29), known as the Conservation and

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Preservation Easements Act, their successors and assigns,

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that the Grantee shall negotiate with the Clearwater

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Conservancy and the Department of Conservation and Natural

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Resources and the perpetual conservation easement shall be in

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furtherance of the following conservation goals: to preserve

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the property's unique natural resources, including the

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biological resources, native species and their supporting

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habitats which include native species that are uncommon in

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this Commonwealth; and to preserve the integrity of Spring

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Creek, currently designated as a high-quality cold water

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fishery which requires the protection of the property's

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groundwater recharge value and its springs, wetlands and

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floodplains, consistent with and guided by the Master Site

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Development Plan and Environmental Assessment, accepted by

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the Department of Conservation and Natural Resources and

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adopted by Benner Township. The covenant shall provide that

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in the event the perpetual conservation easement is not so

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conveyed and recorded within two years of the effective date

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of the conveyance under subsection (a), then the property

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shall immediately revert to the Commonwealth of Pennsylvania.

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(e)  Gaming facility restriction.--Any conveyance authorized

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under this section shall be made under and subject to the

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

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

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

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definitions), or any other similar type of facility authorized

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

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

19

and assigns. Should the Grantee, its successors or assigns,

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permit any portion of the property authorized to be conveyed in

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this section to be used in violation of this subsection, the

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title shall immediately revert to and revest in the Grantor.

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

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Warranty Deed and shall be executed by the Secretary of General

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Services in the name of the Commonwealth of Pennsylvania.

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(g)  Costs and fees.--Costs and fees incidental to this

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conveyance shall be borne by the Grantee.

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(h)  Nonconveyance.--In the event that this conveyance is not

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executed within two years of the effective date of this section,

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the authority contained in this section shall expire.

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Section 2.  Conveyance to Benner Township in Benner Township,

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Centre County, Pennsylvania.

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

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

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the Commonwealth of Pennsylvania to grant and convey to Benner

6

Township certain land and improvements situate in Benner

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Township, Centre County for $1 and under terms and conditions to

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be established in an agreement of sale.

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

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subsection (a) consists of four parcels totaling 24.8813-acres

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and improvements thereon bounded and more particularly described

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as follows:

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PARCEL BENNER A

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ALL THAT CERTAIN PARCEL or tract of land in Benner Township,

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Centre County, Pennsylvania identified as "PARCEL BENNER A" on

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plans prepared by Sweetland Engineering and Associates, Inc.,

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more fully bounded and described as follows:

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Beginning at a point in the centerline of Rock Road, Benner

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Township Road T-376, at the common southwestern corner of

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"Parcel PGC A" and the northwestern corner of the herein

21

described parcel, said point having coordinates referenced to

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the Pennsylvania State Plane Coordinate System North Zone, North

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American Datum of 1983 of Northing 249820.5919 and Easting

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1947763.3680;

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Thence along "Parcel Benner A" the following three (3) courses:

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1.  N 24-17-11 E a distance of 16.50 feet to a point; Thence

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2.  N 17-58-42 E a distance of 342.76 feet to a point; Thence

28

3.  S 68-49-38 E a distance of 572.82 feet to a point;

29

Thence along "Parcel DGS\DOC A" S 17-44-53 W a distance of

30

420.75 feet to a point;

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Thence along the centerline of Rock Road the following two (2)

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courses:

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1.  N 57-27-33 W a distance of 206.98 feet to a point; Thence

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2.  N 65-42-49 W a distance of 377.40 feet to the point of

5

beginning.

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Containing 217,799 square feet or 5.0000 acres of land, gross

7

area, be the same more or less.

8

PARCEL BENNER B

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Beginning at a point in the northern right-of-way line for

10

limited access of SR6026, Section C03 at the common southwestern

11

corner of "Parcel PGC C" and the southeastern corner of the

12

herein described parcel; said point having coordinates

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referenced to the Pennsylvania State Plane Coordinate System

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North Zone, North American Datum of 1983 of Northing 248840.6417

15

and Easting 1951161.2283;

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Thence along the northern right-of-way line for limited access

17

of SR6026, Section C03 S 80-25-53 W a distance of 50.00 feet to

18

a point;

19

Thence along "Parcel PSU A" N 09-35-26 W a distance of 682.71

20

feet to a point;

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Thence along "Parcel PGC B" the following nine (9) courses:

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1.  along a curve to the right having a radius of 450.00,

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central angle of 73° 06' 40", chord bearing and distance of N

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26-57-54 E a distance of 536.04 feet, an arc distance of 574.21

25

feet to a point; Thence

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2.  N 63-31-14 E a distance of 321.97 feet to a point; Thence

27

3.  along a curve to the left having a radius of 275.00,

28

central angle of 26° 32' 18", chord bearing and distance of N

29

50-15-05 E a distance of 126.24 feet, an arc distance of 127.37

30

feet to a point; Thence

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4.  along a curve to the left having a radius of 325.00,

2

central angle of 57° 06' 25", chord bearing and distance of N

3

08-25-44 E a distance of 310.69 feet, an arc distance of 323.93

4

feet to a point; Thence

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5.  N 20-07-28 W a distance of 231.37 feet to a point; Thence

6

6.  along a curve to the right having a radius of 1025.00,

7

central angle of 36° 17' 33", chord bearing and distance of N

8

01-58-42 W a distance of 638.46 feet, an arc distance of 649.26

9

feet to a point; Thence

10

7.  N 16-10-05 E a distance of 73.05 feet to a point; Thence

11

8.  N 16-10-05 E a distance of 27.53 feet to a point; Thence

12

9.  N 13-11-30 E a distance of 18.17 feet to a point;

13

Thence continuing along "Parcel PGC B" and concluding along

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"Parcel PFBC A.1" N 10-12-55 E a distance of 188.06 feet to a

15

point;

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Thence along "Parcel PFBC A.1" the following four (4) courses:

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1.  along a curve to the right having a radius of 225.00,

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central angle of 08° 29' 07", chord bearing and distance of N

19

14-27-29 E a distance of 33.29 feet, an arc distance of 33.32

20

feet to a point; Thence

21

2.  along a curve to the right having a radius of 225.00,

22

central angle of 04° 23' 37", chord bearing and distance of N

23

20-53-51 E a distance of 17.25 feet, an arc distance of 17.25

24

feet to a point; Thence

25

3.  N 23-05-39 E a distance of 18.25 feet to a point; Thence

26

4.  along a curve to the left having a radius of 175.00,

27

central angle of 18° 09' 42", chord bearing and distance of N

28

14-00-48 E a distance of 55.24 feet, an arc distance of 55.47

29

feet to a point;

30

Thence along "Parcel Benner C" S 85-04-03 E a distance of 50.00

- 13 -

 


1

feet to a point;

2

Thence along "Parcel PFBC B" the following two (2) courses:

3

1.  along a curve to the right having a radius of 225.00,

4

central angle of 18° 09' 42", chord bearing and distance of S

5

14-00-48 W a distance of 71.02 feet, an arc distance of 71.32

6

feet to a point; Thence

7

2.  S 23-05-39 W a distance of 18.25 feet to a point;

8

Thence continuing along "Parcel PFBC B" and concluding along

9

"Parcel PGC C" along a curve to the left having a radius of

10

175.00, central angle of 12° 52' 44", chord bearing and distance

11

of S 16-39-17 W a distance of 39.25 feet, an arc distance of

12

39.34 feet to a point;

13

Thence along "Parcel PGC C" the following eleven (11) courses:

14

1.  S 10-12-55 W a distance of 188.06 feet to a point; Thence

15

2.  S 13-11-30 W a distance of 23.37 feet to a point; Thence

16

3.  S 16-10-05 W a distance of 0.70 feet to a point; Thence

17

4.  S 16-10-05 W a distance of 99.88 feet to a point; Thence

18

5.  along a curve to the left having a radius of 975.00,

19

central angle of 36° 17' 33", chord bearing and distance of S

20

01-58-42 E a distance of 607.31 feet, an arc distance of 617.59

21

feet to a point; Thence

22

6.  S 20-07-28 E a distance of 231.37 feet to a point; Thence

23

7.  along a curve to the right having a radius of 375.00,

24

central angle of 57° 06' 24", chord bearing and distance of S

25

08-25-44 W a distance of 358.48 feet, an arc distance of 373.76

26

feet to a point; Thence

27

8.  along a curve to the right having a radius of 325.00,

28

central angle of 26° 32' 18", chord bearing and distance of S

29

50-15-05 W a distance of 149.19 feet, an arc distance of 150.53

30

feet to a point;

- 14 -

 


1

Thence

2

9.  S 63-31-14 W a distance of 321.97 feet to a point; Thence

3

10.  along a curve to the left having a radius of 400.00,

4

central angle of 73° 06' 40", chord bearing and distance of S

5

26-57-54 W a distance of 476.48 feet, an arc distance of 510.41

6

feet to a point; Thence

7

11.  S 09-35-26 E a distance of 682.73 feet to the point of

8

beginning.

9

Containing 166,778 square feet or 3.8287 acres of land, gross

10

area, be the same more or less.

11

PARCEL BENNER C

12

Beginning at a point in the northern line of "Parcel PGC C" at

13

the common northeastern corner of "Parcel Benner B" and the

14

southeastern corner of the herein described parcel, said point

15

having coordinates referenced to the Pennsylvania State Plane

16

Coordinate System North Zone, North American Datum of 1983 of

17

Northing 251783.9957 and Easting 1951720.7169;

18

Thence along "Parcel Benner B" N 85-04-03 W a distance of 50.00

19

feet to a point;

20

Thence along "Parcel PFBC A.1" N 01-53-40 E a distance of 32.61

21

feet to a point;

22

Thence along a line which is 75 feet north of and parallel to

23

the high water mark of Spring Creek and along the northern line

24

of "Parcel PFBC A.2" the following three (3) courses:

25

1.  N 01-53-40 E a distance of 103.23 feet to a point; Thence

26

2.  N 82-18-46 W a distance of 191.45 feet to a point; Thence

27

3.  N 77-55-12 W a distance of 100.00 feet to a point at the

28

western corner of the herein described parcel;

29

Thence along "Parcel PGC A" N 54-42-51 E a distance of 624.93

30

feet to a point at the northeastern corner of the herein

- 15 -

 


1

described parcel;

2

Thence along a line which is 75 feet north of and parallel to

3

the high water mark of Spring Creek and along the northern line

4

of "Parcel PFBC B" the following five (5) courses:

5

1.  S 25-08-57 E a distance of 100.00 feet to a point; Thence

6

2.  S 23-08-55 W a distance of 200.00 feet to a point; Thence

7

3.  S 36-32-53 W a distance of 100.00 feet to a point; Thence

8

4.  S 58-08-54 W a distance of 90.42 feet to a point; Thence

9

5.  S 01-53-40 W a distance of 145.21 feet to the point of

10

beginning.

11

Containing 106,692 square feet or 2.4493 acres of land, gross

12

area, be the same more or less.

13

PARCEL BENNER D

14

Beginning at a point in the northern right-of-way line of

15

SR0150, the Benner Pike, a variable width right-of-way at the

16

intersection with the northeastern line of Prison Road "D", said

17

point having coordinates referenced to the Pennsylvania State

18

Plane Coordinate System North Zone, North American Datum of 1983

19

of Northing 255155.4238 and Easting 1960011.9833;

20

Thence along Prison Road "D" the following four (4) courses:

21

1.  N 74-54-54 W a distance of 97.10 feet to a point; Thence

22

2.  along a curve to the left having a radius of 555.00,

23

central angle of 32° 40' 16", chord bearing and distance of S

24

88-44-58 W a distance of 312.20 feet, an arc distance of 316.47

25

feet to a point; Thence

26

3.  S 72-24-50 W a distance of 316.85 feet to a point; Thence

27

4.  S 78-33-51 W a distance of 236.71 feet to a point;

28

Thence along the southern right-of-way line of SR6026, Section

29

C03 the following four (4) courses:

30

1.  N 41-04-29 E a distance of 77.10 feet to a point; Thence

- 16 -

 


1

2.  N 36-07-17 E a distance of 700.65 feet to a point; Thence

2

3.  along a curve to the right having a radius of 2759.79,

3

central angle of 14° 31' 53", chord bearing and distance of N

4

43-23-13 E a distance of 698.06 feet, an arc distance of 699.94

5

feet to a point; Thence

6

4.  along a curve to the right having a radius of 255.00,

7

central angle of 41° 33' 59", chord bearing and distance of N

8

71-26-09 E a distance of 180.96 feet, an arc distance of 184.99

9

feet to a point;

10

Thence along the northern right-of-way line of SR0150, the

11

Benner Pike, the following five (5) courses:

12

1.  S 25-13-03 E a distance of 123.39 feet to a point; Thence

13

2.  S 15-05-06 W a distance of 294.87 feet to a point; Thence

14

3.  S 12-13-21 W a distance of 200.25 feet to a point; Thence

15

4.  S 15-05-06 W a distance of 453.78 feet to a point; Thence

16

5.  S 15-52-44 E a distance of 35.97 feet to the point of

17

beginning.

18

Containing 592,560 square feet or 13.6033 acres of land, gross

19

area, be the same more or less.

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)  Land use restriction.--

29

(1)  The deed of conveyance shall contain the following

30

restrictive covenant: "Under and subject to a restriction

- 17 -

 


1

that the land conveyed herein shall be used solely for

2

passive recreational open space for the benefit of the public

3

at large. Should the Grantee attempt to convey the property,

4

or any portion thereof, (other than exchanges for parcels

5

known as interiors or indentures which may be conveyed among

6

the parties to solidify contiguous management parcels and

7

promote overall management goals and objectives of the

8

parties involved), or utilize it for any other purpose, the

9

property shall immediately revert to the Grantor."

10

(2)  The conveyance shall be made under and subject to a

11

restrictive covenant that the Grantee shall convey and record

12

a perpetual conservation easement to the Clearwater

13

Conservancy and the Department of Conservation and Natural

14

Resources as co-holders as that term is defined in the act of

15

June 22, 2001 (P.L.390, No.29), known as the Conservation and

16

Preservation Easements Act, their successors and assigns,

17

that the Grantee shall negotiate with the Clearwater

18

Conservancy and the Department of Conservation and Natural

19

Resources and the perpetual conservation easement shall be in

20

furtherance of the following conservation goals: to preserve

21

the property's unique natural resources, including the

22

biological resources, native species and their supporting

23

habitats which include native species that are uncommon in

24

this Commonwealth; and to preserve the integrity of Spring

25

Creek, currently designated as a high-quality cold water

26

fishery which requires the protection of the property's

27

groundwater recharge value and it springs, wetlands and

28

floodplains, consistent with and guided by the Master Site

29

Development Plan and Environmental Assessment, accepted by

30

the Department of Conservation and Natural Resources and

- 18 -

 


1

adopted by Benner Township. The covenant shall provide that

2

in the event the perpetual conservation easement is not so

3

conveyed and recorded within two years of the effective date

4

of the conveyance under subsection (a), then the property

5

shall immediately revert to the Commonwealth of Pennsylvania.

6

(e)  Gaming facility restriction--Any conveyance authorized

7

under this section shall be made under and subject to the

8

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

9

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

10

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

11

definitions), or any other similar type of facility authorized

12

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

13

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

14

and assigns. Should the Grantee, its successors or assigns,

15

permit any portion of the property authorized to be conveyed in

16

this section to be used in violation of this subsection, the

17

title shall immediately revert to and revest in the Grantor.

18

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

19

Warranty Deed and shall be executed by the Secretary of General

20

Services in the name of the Commonwealth.

21

(g)  Costs and fees.--Costs and fees incidental to this

22

conveyance shall be borne by the Grantee.

23

(h)  Nonconveyance.--In the event that this conveyance is not

24

executed within two years of the effective date of this section,

25

the authority contained in this section shall expire.

26

Section 3.  Conveyance to the Pennsylvania Fish and Boat

27

Commission in Benner Township, Centre County,

28

Pennsylvania.

29

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

30

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

- 19 -

 


1

the Commonwealth of Pennsylvania to grant and convey to the

2

Pennsylvania Fish and Boat Commission certain land and

3

improvements situate in Benner Township, Centre County for

4

$19,000 and under terms and conditions to be established in an

5

agreement of sale or other appropriate agreement.

6

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

7

subsection (a) consists of six parcels totaling 141.3022-acres

8

and improvements thereon bounded and more particularly described

9

as follows:

10

PARCEL PFBC A.1

11

Beginning at a point in the northwestern line of "Parcel Benner

12

B" at the common eastern corner of "Parcel PGC B" and the

13

southeastern corner of the herein described parcel, said point

14

having coordinates referenced to the Pennsylvania State Plane

15

Coordinate System North Zone, North American Datum of 1983 of

16

Northing 251600.6722 and Easting 1951623.4896;

17

Thence along "Parcel PGC B" the following four (4) courses:

18

1.  N 85-24-22 W a distance of 700.00 feet to a point; Thence

19

2.  S 86-46-03 W a distance of 700.00 feet to a point; Thence

20

3.  S 61-58-13 W a distance of 480.00 feet to a point; Thence

21

4.  S 63-53-59 W a distance of 1280.00 feet to a point;

22

Thence along a line which is 75 feet east of and parallel to the

23

high water mark of Spring Creek and along the western line of

24

"Parcel PGC B" the following eleven (11) courses:

25

1.  S 02-25-05 E a distance of 200.00 feet to a point; Thence

26

2.  S 33-28-03 E a distance of 200.00 feet to a point; Thence

27

3.  S 36-53-58 E a distance of 200.00 feet to a point; Thence

28

4.  S 30-53-52 E a distance of 200.00 feet to a point; Thence

29

5.  S 20-29-48 E a distance of 200.00 feet to a point; Thence

30

6.  S 03-47-47 E a distance of 200.00 feet to a point; Thence

- 20 -

 


1

7.  S 13-39-49 W a distance of 200.00 feet to a point; Thence

2

8.  S 34-56-58 W a distance of 200.00 feet to a point; Thence

3

9.  S 44-23-35 W a distance of 200.00 feet to a point; Thence

4

10.  S 47-37-56 W a distance of 200.00 feet to a point;

5

Thence

6

11.  S 53-57-43 W a distance of 73.77 feet to a point;

7

Thence crossing Spring Creek and along the eastern line of

8

"Parcel PFBC A.3" N 68-16-09 W a distance of 309.10 feet to a

9

point;

10

Thence continuing along the eastern line of "Parcel PFBC A.3" N

11

35-59-57 W a distance of 16.50 feet to a point;

12

Thence along the centerline of Rock Road, Benner Township Road

13

T-376, the following two (2) courses:

14

1.  N 54-00-03 E a distance of 150.00 feet to a point; Thence

15

2.  along a curve to the left having a radius of 125.00,

16

central angle of 44° 24' 29", chord bearing and distance of N

17

31-47-48 E a distance of 94.48 feet, an arc distance of 96.88

18

feet to a point;

19

Thence along a line which is 75 feet north of and parallel to

20

the high water mark of Spring Creek and along the southern line

21

of "Parcel DGS\DOC A" the following four (4) courses:

22

1.  S 80-24-26 E a distance of 16.50 feet to a point; Thence

23

2.  N 78-09-51 E a distance of 177.20 feet to a point; Thence

24

3.  N 31-29-51 E a distance of 279.62 feet to a point; Thence

25

4.  N 17-44-53 E a distance of 176.53 feet to a point;

26

Thence along the southern line of "Parcel PFBC A.2" the

27

following thirty-three (33) courses:

28

1.  N 00-15-54 E a distance of 68.36 feet to a point; Thence

29

2.  N 28-08-28 W a distance of 88.17 feet to a point; Thence

30

3.  N 14-32-35 W a distance of 223.17 feet to a point; Thence

- 21 -

 


1

4.  N 27-49-34 W a distance of 116.67 feet to a point; Thence

2

5.  N 37-54-59 W a distance of 108.43 feet to a point; Thence

3

6.  N 45-12-17 W a distance of 204.63 feet to a point; Thence

4

7.  N 52-19-45 W a distance of 122.46 feet to a point; Thence

5

8.  N 31-02-11 W a distance of 147.00 feet to a point; Thence

6

9.  N 14-45-15 W a distance of 85.24 feet to a point; Thence

7

10.  N 02-01-18 W a distance of 125.84 feet to a point;

8

Thence

9

11.  N 01-16-42 E a distance of 261.97 feet to a point;

10

Thence

11

12.  N 17-29-15 E a distance of 105.26 feet to a point;

12

Thence

13

13.  N 37-51-33 E a distance of 137.92 feet to a point;

14

Thence

15

14.  N 53-29-48 E a distance of 97.99 feet to a point; Thence

16

15.  N 60-33-06 E a distance of 249.61 feet to a point;

17

Thence

18

16.  N 69-48-02 E a distance of 238.48 feet to a point;

19

Thence

20

17.  N 78-54-44 E a distance of 173.82 feet to a point;

21

Thence

22

18.  N 83-30-53 E a distance of 170.71 feet to a point;

23

Thence

24

19.  N 76-25-31 E a distance of 267.17 feet to a point;

25

Thence

26

20.  N 74-00-03 E a distance of 145.21 feet to a point;

27

Thence

28

21.  N 69-51-05 E a distance of 183.44 feet to a point;

29

Thence

30

22.  N 66-53-24 E a distance of 376.04 feet to a point;

- 22 -

 


1

Thence

2

23.  N 73-43-57 E a distance of 132.10 feet to a point;

3

Thence

4

24.  N 84-55-09 E a distance of 118.94 feet to a point;

5

Thence

6

25.  S 86-40-10 E a distance of 244.97 feet to a point;

7

Thence

8

26.  S 83-18-47 E a distance of 331.56 feet to a point;

9

Thence

10

27.  S 76-20-57 E a distance of 165.43 feet to a point;

11

Thence

12

28.  S 57-13-18 E a distance of 126.23 feet to a point;

13

Thence

14

29.  S 82-32-40 E a distance of 92.30 feet to a point; Thence

15

30.  S 71-57-02 E a distance of 115.26 feet to a point;

16

Thence

17

31.  S 76-07-01 E a distance of 87.66 feet to a point; Thence

18

32.  S 87-19-03 E a distance of 111.46 feet to a point;

19

Thence

20

33.  N 82-57-33 E a distance of 18.18 feet to a point;

21

Thence along "Parcel Benner C" S 01-53-41 W a distance of 32.61

22

feet to a point at the common southwestern corner of "Parcel

23

Benner C" and the northwestern corner of "Parcel Benner B";

24

Thence along "Parcel Benner B" the following four (4) courses:

25

1.  along a curve to the right having a radius of 175.00,

26

central angle of 18° 09' 40", chord bearing and distance of S

27

14-00-49 W a distance of 55.24 feet, an arc distance of 55.47

28

feet to a point;

29

Thence

30

2.  S 23-05-39 W a distance of 18.25 feet to a point; Thence

- 23 -

 


1

3.  along a curve to the left having a radius of 225.00,

2

central angle of 12° 52' 50", chord bearing and distance of S

3

16-39-15 W a distance of 50.48 feet, an arc distance of 50.58

4

feet to a point; Thence

5

4.  S 10-12-55 W a distance of 69.99 feet to the point of

6

beginning.

7

Containing 2,074,992 square feet or 47.6353 acres of land, gross

8

area, be the same more or less.

9

PARCEL PFBC A.2

10

Beginning at a point in the western line of "Parcel Benner C" at

11

the common northeastern corner of "Parcel PFBC A.1" and the

12

southeastern corner of the herein described parcel, said point

13

having coordinates referenced to the Pennsylvania State Plane

14

Coordinate System North Zone, North American Datum of 1983 of

15

Northing 251820.8824 and Easting 1951671.9800;

16

Thence along the northern line of "Parcel PFBC A.1" the

17

following thirty-three (33) courses:

18

1.  S 82-57-33 W a distance of 18.18 feet to a point; Thence

19

2.  N 87-19-03 W a distance of 111.46 feet to a point; Thence

20

3.  N 76-07-01 W a distance of 87.66 feet to a point; Thence

21

4.  N 71-57-02 W a distance of 115.26 feet to a point; Thence

22

5.  N 82-32-40 W a distance of 92.30 feet to a point; Thence

23

6.  N 57-13-18 W a distance of 126.23 feet to a point; Thence

24

7.  N 76-20-57 W a distance of 165.43 feet to a point; Thence

25

8.  N 83-18-47 W a distance of 331.56 feet to a point; Thence

26

9.  N 86-40-10 W a distance of 244.97 feet to a point; Thence

27

10.  S 84-55-09 W a distance of 118.94 feet to a point;

28

Thence

29

11.  S 73-43-57 W a distance of 132.10 feet to a point;

30

Thence

- 24 -

 


1

12.  S 66-53-24 W a distance of 376.04 feet to a point;

2

Thence

3

13.  S 69-51-05 W a distance of 183.44 feet to a point;

4

Thence

5

14.  S 74-00-03 W a distance of 145.21 feet to a point;

6

Thence

7

15.  S 76-25-31 W a distance of 267.17 feet to a point;

8

Thence

9

16.  S 83-30-53 W a distance of 170.71 feet to a point;

10

Thence

11

17.  S 78-54-44 W a distance of 173.82 feet to a point;

12

Thence

13

18.  S 69-48-02 W a distance of 238.48 feet to a point;

14

Thence

15

19.  S 60-33-06 W a distance of 249.61 feet to a point;

16

Thence

17

20.  S 53-29-48 W a distance of 97.99 feet to a point; Thence

18

21.  S 37-51-33 W a distance of 137.92 feet to a point;

19

Thence

20

22.  S 17-29-15 W a distance of 105.26 feet to a point;

21

Thence

22

23.  S 01-16-42 W a distance of 261.97 feet to a point;

23

Thence

24

24.  S 02-01-18 E a distance of 125.84 feet to a point;

25

Thence

26

25.  S 14-45-15 E a distance of 85.24 feet to a point; Thence

27

26.  S 31-02-11 E a distance of 147.00 feet to a point;

28

Thence

29

27.  S 52-19-45 E a distance of 122.46 feet to a point;

30

Thence

- 25 -

 


1

28.  S 45-12-17 E a distance of 204.63 feet to a point;

2

Thence

3

29.  S 37-54-59 E a distance of 108.43 feet to a point;

4

Thence

5

30.  S 27-49-34 E a distance of 116.67 feet to a point;

6

Thence

7

31.  S 14-32-35 E a distance of 223.17 feet to a point;

8

Thence

9

32.  S 28-08-28 E a distance of 88.17 feet to a point; Thence

10

33.  S 00-15-54 W a distance of 68.36 feet to a point at the

11

southern corner of the herein described parcel;

12

Thence along "Parcel DGS\DOC A" the following two (2) courses:

13

1.  N 72-15-07 W a distance of 150.00 feet to a point; Thence

14

2.  N 68-49-38 W a distance of 300.54 feet to a point at the

15

common northern corner of "Parcel DGS\DOC A", the eastern corner

16

of "Parcel Benner A", a southwestern corner of "Parcel PGC A",

17

and the western corner of the herein described parcel;

18

Thence along "Parcel PGC A" N 17-44-53 E a distance of 365.30

19

feet to a point;

20

Thence along a line which is 75 feet north of and parallel to

21

the high water mark of Spring Creek and along the southern line

22

of "Parcel PGC A" the following twenty-two (22) courses:

23

1.  N 45-15-05 W a distance of 111.36 feet to a point; Thence

24

2.  N 54-17-58 W a distance of 200.00 feet to a point; Thence

25

3.  N 23-22-25 W a distance of 150.00 feet to a point; Thence

26

4.  N 16-02-38 W a distance of 200.00 feet to a point; Thence

27

5.  N 01-54-23 W a distance of 200.00 feet to a point; Thence

28

6.  N 06-26-37 E a distance of 200.00 feet to a point; Thence

29

7.  N 25-35-50 E a distance of 200.00 feet to a point; Thence

30

8.  N 49-38-01 E a distance of 200.00 feet to a point; Thence

- 26 -

 


1

9.  N 60-42-17 E a distance of 200.00 feet to a point; Thence

2

10.  N 67-20-31 E a distance of 200.00 feet to a point;

3

Thence

4

11.  N 74-43-47 E a distance of 200.00 feet to a point;

5

Thence

6

12.  N 81-26-27 E a distance of 200.00 feet to a point;

7

Thence

8

13.  N 80-12-24 E a distance of 200.00 feet to a point;

9

Thence

10

14.  N 75-26-31 E a distance of 200.00 feet to a point;

11

Thence

12

15.  N 72-27-15 E a distance of 200.00 feet to a point;

13

Thence

14

16.  N 65-15-58 E a distance of 200.00 feet to a point;

15

Thence

16

17.  N 69-20-43 E a distance of 200.00 feet to a point;

17

Thence

18

18.  N 74-18-54 E a distance of 200.00 feet to a point;

19

Thence

20

19.  S 88-35-04 E a distance of 300.00 feet to a point;

21

Thence

22

20.  S 83-47-42 E a distance of 400.00 feet to a point;

23

Thence

24

21.  S 76-53-53 E a distance of 200.00 feet to a point;

25

Thence

26

22.  S 66-27-44 E a distance of 200.00 feet to a point;

27

Thence along a line which is 75 feet north of and parallel to

28

the high water mark of Spring Creek and along the southern line

29

of "Parcel Benner C" the following two (2) courses.

30

1.  S 77-55-12 E a distance of 100.00 feet to a point; Thence

- 27 -

 


1

2.  S 82-18-46 E a distance of 191.45 feet to a point;

2

Thence continuing along "Parcel Benner C" S 01-53-40 W a

3

distance of 103.23 feet to the point of beginning.

4

Containing 627,566 square feet or 14.4069 acres of land, gross

5

area, be the same more or less.

6

PARCEL PFBC A.3

7

Beginning at a point in the centerline of Rock Road, Benner

8

Township Road T-376, at the common western corner of "Parcel

9

PFBC A.1" and the northeastern corner of the herein described

10

parcel, said point having coordinates referenced to the

11

Pennsylvania State Plane Coordinate System North Zone, North

12

American Datum of 1983 of Northing 249191.8890 and Easting

13

1948272.4801;

14

Thence along "Parcel PFBC A.1" the following two (2) courses:

15

1.  S 35-59-57 E a distance of 16.50 feet to a point; Thence

16

2.  S 68-16-09 E a distance of 309.10 feet to a point in the

17

northern line of "Parcel PGC B" at the common southwestern

18

corner of "Parcel PFBC A.1" and the southeastern corner of the

19

herein described parcel;

20

Thence along a line which is 75 feet southerly of and parallel

21

to the high water mark of Spring Creek and along the northern

22

line of "Parcel PGC B" the following eight (8) courses:

23

1.  S 53-57-43 W a distance of 126.23 feet to a point; Thence

24

2.  S 53-50-18 W a distance of 265.44 feet to a point; Thence

25

3.  S 80-25-03 W a distance of 200.00 feet to a point; Thence

26

4.  S 80-13-05 W a distance of 200.00 feet to a point; Thence

27

5.  S 86-04-14 W a distance of 254.55 feet to a point; Thence

28

6.  S 12-06-11 E a distance of 200.00 feet to a point; Thence

29

7.  S 18-43-40 E a distance of 200.00 feet to a point; Thence

30

8.  S 05-32-18 E a distance of 236.60 feet to a point;

- 28 -

 


1

Thence along lands now or formerly of Kathryn N. Williams &

2

Kelly D. Stocker S 49-16-53 W a distance of 202.25 feet to a

3

point;

4

Thence continuing along lands of Kathryn N. Williams & Kelly D.

5

Stocker and concluding along lands now or formerly of Betty H.

6

Delafield S 00-28-07 E a distance of 395.13 feet to a point;

7

Thence continuing along lands of Betty H. Delafield S 49-34-41 W

8

a distance of 35.38 feet to a point;

9

Thence along the centerline of Rock Road, Benner Township Road

10

T-376, the following nine (9) courses:

11

1.  along a curve to the right having a radius of 275.00,

12

central angle of 32° 29' 26", chord bearing and distance of N

13

12-59-49 W a distance of 153.86 feet, an arc distance of 155.94

14

feet to a point; Thence

15

2.  N 03-14-55 E a distance of 84.14 feet to a point; Thence

16

3.  N 05-39-58 E a distance of 206.45 feet to a point; Thence

17

4.  along a curve to the left having a radius of 650.00,

18

central angle of 17° 16' 07", chord bearing and distance of N

19

02-58-05 W a distance of 195.17 feet, an arc distance of 195.91

20

feet to a point; Thence

21

5.  N 11-36-09 W a distance of 474.71 feet to a point; Thence

22

6.  along a curve to the right having a radius of 190.00,

23

central angle of 91° 34' 54", chord bearing and distance of N

24

34-11-18 E a distance of 272.38 feet, an arc distance of 303.70

25

feet to a point; Thence

26

7.  N 79-58-45 E a distance of 236.84 feet to a point; Thence

27

8.  along a curve to the left having a radius of 600.00,

28

central angle of 25° 58' 42", chord bearing and distance of N

29

66-59-24 E a distance of 269.72 feet, an arc distance of 272.04

30

feet to a point; Thence

- 29 -

 


1

9.  N 54-00-03 E a distance of 242.64 feet to the point of

2

beginning.

3

Containing 366,243 square feet or 8.4078 acres of land, gross

4

area, be the same more or less.

5

PARCEL PFBC B

6

Beginning at a point in the eastern line of "Parcel Benner B" at

7

the common northwestern corner of "Parcel PGC C" and the

8

southwestern corner of the herein described parcel, said point

9

having coordinates referenced to the Pennsylvania State Plane

10

Coordinate System North Zone, North American Datum of 1983 of

11

Northing 251677.6887 and Easting 1951689.0572;

12

Thence along "Parcel Benner B" the following three (3) courses:

13

1.  along a curve to the right having a radius of 175.00,

14

central angle of 07° 09' 54", chord bearing and distance of N

15

19-30-43 E a distance of 21.87 feet, an arc distance of 21.88

16

feet to a point; Thence

17

2.  N 23-05-39 E a distance of 18.25 feet to a point; Thence

18

3.  along a curve to the left having a radius of 225.00,

19

central angle of 18° 09' 42", chord bearing and distance of N

20

14-00-48 E a distance of 71.02 feet, an arc distance of 71.32

21

feet to a point at the common northeastern corner of "Parcel

22

Benner B" and the southern corner of "Parcel Benner C";

23

Thence along "Parcel Benner C" N 01-53-40 E a distance of 145.21

24

feet to a point;

25

Thence along a line which is 75 feet northerly of and parallel

26

to the high water mark of Spring Creek and continuing along the

27

southern line of "Parcel Benner C" the following four (4)

28

courses:

29

1.  N 58-08-54 E a distance of 90.42 feet to a point; Thence

30

2.  N 36-32-53 E a distance of 100.00 feet to a point; Thence

- 30 -

 


1

3.  N 23-08-55 E a distance of 200.00 feet to a point; Thence

2

4.  N 25-08-57 W a distance of 100.00 feet to a point;

3

Thence continuing along a line which is 75 feet northerly of and

4

parallel to the high water mark of Spring Creek and along the

5

southern line of "Parcel PGC A" the following thirty-four (34)

6

courses:

7

1.  N 14-20-15 E a distance of 200.00 feet to a point; Thence

8

2.  N 19-21-44 E a distance of 200.00 feet to a point; Thence

9

3.  N 27-15-09 E a distance of 400.00 feet to a point; Thence

10

4.  N 34-13-11 E a distance of 100.00 feet to a point; Thence

11

5.  N 60-39-01 E a distance of 100.00 feet to a point; Thence

12

6.  N 86-01-41 E a distance of 200.00 feet to a point; Thence

13

7.  S 67-46-47 E a distance of 200.00 feet to a point; Thence

14

8.  S 62-43-50 E a distance of 200.00 feet to a point; Thence

15

9.  S 83-51-54 E a distance of 275.00 feet to a point; Thence

16

10.  N 42-51-30 E a distance of 200.00 feet to a point;

17

Thence

18

11.  N 03-17-43 E a distance of 200.00 feet to a point;

19

Thence

20

12.  N 07-18-20 W a distance of 200.00 feet to a point;

21

Thence

22

13.  N 11-42-32 W a distance of 200.00 feet to a point;

23

Thence

24

14.  N 01-00-28 W a distance of 399.95 feet to a point;

25

Thence

26

15.  N 27-09-59 E a distance of 200.00 feet to a point;

27

Thence

28

16.  N 15-42-25 E a distance of 200.00 feet to a point;

29

Thence

30

17.  N 29-26-17 E a distance of 200.00 feet to a point;

- 31 -

 


1

Thence

2

18.  N 59-33-35 E a distance of 200.00 feet to a point;

3

Thence

4

19.  N 73-33-17 E a distance of 200.00 feet to a point;

5

Thence

6

20.  N 89-50-51 E a distance of 200.00 feet to a point;

7

Thence

8

21.  S 75-17-03 E a distance of 200.00 feet to a point;

9

Thence

10

22.  S 65-28-09 E a distance of 200.00 feet to a point;

11

Thence

12

23.  S 73-44-21 E a distance of 531.35 feet to a point;

13

Thence

14

24.  S 66-02-14 E a distance of 200.00 feet to a point;

15

Thence

16

25.  N 74-46-00 E a distance of 200.00 feet to a point;

17

Thence

18

26.  N 45-22-46 E a distance of 200.00 feet to a point;

19

Thence

20

27.  N 15-52-08 E a distance of 200.00 feet to a point;

21

Thence

22

28.  N 06-46-03 E a distance of 200.00 feet to a point;

23

Thence

24

29.  N 16-30-00 W a distance of 200.00 feet to a point;

25

Thence

26

30.  N 03-02-20 W a distance of 200.00 feet to a point;

27

Thence

28

31.  N 19-14-02 E a distance of 200.00 feet to a point;

29

Thence

30

32.  N 19-00-42 E a distance of 200.00 feet to a point;

- 32 -

 


1

Thence

2

33.  N 60-22-11 E a distance of 200.00 feet to a point;

3

Thence

4

34.  N 71-36-30 E a distance of 56.86 feet to a point at the

5

northeastern corner of the herein described parcel;

6

Thence continuing along "Parcel PGC A" S 17-04-41 E a distance

7

of 53.02 feet to a point at a northwestern corner of "Parcel

8

PFBC C";

9

Thence along "Parcel PFBC C" S 17-04-41 E a distance of 145.56

10

feet to a point in the northern line of "Parcel PGC D" at the

11

common southwestern corner of "Parcel PFBC C and the

12

southeastern corner of the herein described parcel; Thence along

13

a line which is 75 feet southerly of and parallel to the high

14

water mark of Spring Creek and along the northern line of

15

"Parcel PGC D" the following five (5) courses:

16

1.  S 66-10-55 W a distance of 100.00 feet to a point; Thence

17

2.  S 25-26-01 W a distance of 100.00 feet to a point; Thence

18

3.  S 13-59-17 W a distance of 200.00 feet to a point; Thence

19

4.  S 06-45-25 E a distance of 200.00 feet to a point; Thence

20

5.  S 03-13-44 E a distance of 200.00 feet to a point in the

21

eastern line of "Parcel DGS\DOC C"; Thence along the eastern,

22

northern and western lines of "Parcel DGS\DOC C" the following

23

three (3) courses:

24

1.  N 83-31-21 W a distance of 19.82 feet to a point; Thence

25

2.  S 06-28-39 W a distance of 150.00 feet to a point; Thence

26

3.  S 83-31-21 E a distance of 45.69 feet to a point at the

27

northeastern corner of "Parcel PGC C";

28

Thence along a line which is 75 feet southerly of and parallel

29

to the high water mark of Spring Creek and along the northern

30

line of "Parcel PGC C" the following twenty-five (25) courses:

- 33 -

 


1

1.  S 08-52-47 W a distance of 264.06 feet to a point; Thence

2

2.  S 50-06-08 W a distance of 200.00 feet to a point; Thence

3

3.  S 34-44-06 W a distance of 200.00 feet to a point; Thence

4

4.  S 59-53-33 W a distance of 200.00 feet to a point; Thence

5

5.  N 74-04-29 W a distance of 350.00 feet to a point; Thence

6

6.  N 72-35-33 W a distance of 1000.00 feet to a point;

7

Thence

8

7.  S 80-59-33 W a distance of 200.00 feet to a point; Thence

9

8.  S 50-42-08 W a distance of 200.00 feet to a point; Thence

10

9.  S 22-31-04 W a distance of 400.00 feet to a point; Thence

11

10.  S 05-33-01 E a distance of 850.00 feet to a point;

12

Thence

13

11.  S 18-13-11 W a distance of 200.00 feet to a point;

14

Thence

15

12.  S 29-56-54 W a distance of 200.00 feet to a point;

16

Thence

17

13.  S 61-22-31 W a distance of 200.00 feet to a point;

18

Thence

19

14.  N 87-43-29 W a distance of 200.00 feet to a point;

20

Thence

21

15.  N 81-27-29 W a distance of 200.00 feet to a point;

22

Thence

23

16.  N 72-54-05 W a distance of 200.00 feet to a point;

24

Thence

25

17.  N 72-05-47 W a distance of 200.00 feet to a point;

26

Thence

27

18.  S 33-10-18 W a distance of 300.00 feet to a point;

28

Thence

29

19.  S 24-26-52 W a distance of 200.00 feet to a point;

30

Thence

- 34 -

 


1

20.  S 08-50-32 W a distance of 200.00 feet to a point;

2

Thence

3

21.  S 00-26-48 E a distance of 200.00 feet to a point;

4

Thence

5

22.  S 20-21-07 W a distance of 200.00 feet to a point;

6

Thence

7

23.  S 51-10-19 W a distance of 200.00 feet to a point;

8

Thence

9

24.  S 48-27-09 W a distance of 200.00 feet to a point;

10

Thence

11

25.  S 80-38-34 W a distance of 100.00 feet to the point of

12

beginning.

13

Containing 1,752,402 square feet or 40.2296 acres of land, gross

14

area, be the same more or less.

15

PARCEL PFBC C

16

Beginning at a point in the southeastern line of lands now or

17

formerly of the Pennsylvania Fish & Boat Commission, Centre

18

County Deed Book No. 152 Page 30, at an eastern corner of

19

"Parcel PGC A" and a northwestern corner of the herein described

20

parcel, said point having coordinates referenced to the

21

Pennsylvania State Plane Coordinate System North Zone, North

22

American Datum of 1983 of Northing 256411.6840 and Easting

23

1956260.2537;

24

Thence along said land of the Pennsylvania Fish & Boat

25

Commission the following two (2) courses:

26

1.  N 81-23-13 E a distance of 202.95 feet to a point; Thence

27

2.  N 38-23-13 E a distance of 275.55 feet to a point in the

28

northwestern line of "Parcel PGC D" at a southeastern corner of

29

lands of the Pennsylvania Fish & Boat Commission;

30

Thence along the northwestern line of "Parcel PGC D" S 11-32-09

- 35 -

 


1

E a distance of 462.09 feet to a point;

2

Thence along a line which is 75 feet southerly of and parallel

3

to the high water mark of Spring Creek and along the

4

Northwestern line of "Parcel PGC D" the following eight (8)

5

courses:

6

1.  S 11-11-35 W a distance of 122.33 feet to a point; Thence

7

2.  S 23-31-50 W a distance of 61.33 feet to a point; Thence

8

3.  S 57-22-30 W a distance of 132.86 feet to a point; Thence

9

4.  S 71-24-08 W a distance of 131.36 feet to a point; Thence

10

5.  S 75-27-57 W a distance of 118.52 feet to a point; Thence

11

6.  S 75-20-56 W a distance of 207.47 feet to a point; Thence

12

7.  S 80-41-09 W a distance of 148.12 feet to a point; Thence

13

8.  S 70-43-44 W a distance of 93.07 feet to a point at the

14

common southeastern corner of "Parcel PFBC B" and the

15

southwestern corner of the herein described parcel;

16

Thence along "Parcel PFBC B" N 17-04-41 W a distance of 145.56

17

feet to a point in the eastern line of "Parcel PFBC B" at a

18

southwestern corner of "Parcel PGC A" and the northwestern

19

corner of the herein described parcel;

20

Thence along a line which is 75 feet northerly of and parallel

21

to the high water mark of Spring Creek and along the

22

southeastern line of "Parcel PGC A" the following twelve (12)

23

courses:

24

1.  N 74-44-21 E a distance of 99.88 feet to a point; Thence

25

2.  N 77-55-55 E a distance of 153.16 feet to a point; Thence

26

3.  N 76-24-41 E a distance of 202.18 feet to a point; Thence

27

4.  N 75-13-08 E a distance of 115.85 feet to a point; Thence

28

5.  N 74-06-26 E a distance of 112.91 feet to a point; Thence

29

6.  N 60-58-26 E a distance of 79.87 feet to a point; Thence

30

7.  N 11-11-35 E a distance of 75.95 feet to a point; Thence

- 36 -

 


1

8.  N 20-40-38 W a distance of 71.75 feet to a point; Thence

2

9.  N 32-03-06 W a distance of 41.87 feet to a point; Thence

3

10.  N 43-01-16 W a distance of 46.79 feet to a point; Thence

4

11.  N 66-23-58 W a distance of 81.76 feet to a point; Thence

5

12.  N 76-04-56 W a distance of 186.23 feet to the point of

6

beginning.

7

Containing 203,557 square feet or 4.6730 acres of land, gross

8

area, be the same more or less.

9

PARCEL PFBC D

10

Beginning at a point at a southern corner of lands now or

11

formerly of the Pennsylvania Fish & Boat Commission, Centre

12

County Deed Book 169, Page 328, at the common southern corner of

13

lands now or formerly of Richard J. Lorenzo & Cynthia M Lorenzo,

14

the western corner of lands now or formerly of Harry J. Foulkrod

15

& Sandra B. Foulkrod and the northern corner of "Parcel PSU C",

16

said point having coordinates referenced to the Pennsylvania

17

State Plane Coordinate System North Zone, North American Datum

18

of 1983 of Northing 259370.3429 and Easting 1958102.3685;

19

Thence along "Parcel PSU C" the following five (5) courses:

20

1.  S 32-17-55 E a distance of 263.05 feet to a point; Thence

21

2.  S 15-32-46 E a distance of 176.33 feet to a point; Thence

22

3.  S 10-47-15 W a distance of 163.47 feet to a point; Thence

23

4.  S 11-25-08 W a distance of 143.11 feet to a point; Thence

24

5.  S 09-11-53 W a distance of 397.70 feet to a point at the

25

common northwestern corner of "Parcel PSU C" and an eastern

26

corner of "Parcel PGC D";

27

Thence along the northeastern line of "Parcel PGC D" the

28

following five (5) courses

29

1.  S 78-20-36 W a distance of 249.26 feet to a point; Thence

30

2.  S 47-00-19 W a distance of 144.88 feet to a point; Thence

- 37 -

 


1

3.  S 73-37-17 W a distance of 411.21 feet to a point; Thence

2

4.  N 60-16-51 W a distance of 291.70 feet to a point; Thence

3

5.  N 47-46-09 W a distance of 380.21 feet to a point in the

4

southeastern line of lands now or formerly of the Pennsylvania

5

Fish & Boat Commission, Centre County Deed Book 152, Page 30 the

6

"Bressler Tract", at the northern corner of "Parcel PGC D";

7

Thence along various tracts of land the Pennsylvania Fish & Boat

8

Commission the following twenty eight (28) courses:

9

1.  N 29-13-00 E a distance of 76.75 feet to a point; Thence

10

2.  N 35-01-00 W a distance of 132.00 feet to a point; Thence

11

3.  N 44-14-00 E a distance of 112.20 feet to a point; Thence

12

4.  N 44-41-00 W a distance of 429.00 feet to a point; Thence

13

5.  S 61-14-00 W a distance of 198.00 feet to a point; Thence

14

6.  N 69-01-00 W a distance of 47.85 feet to a point; Thence

15

7.  N 87-31-00 W a distance of 85.80 feet to a point; Thence

16

8.  S 77-29-00 W a distance of 75.90 feet to a point; Thence

17

9.  S 63-09-44 W a distance of 68.80 feet to a point; Thence

18

10.  N 61-19-51 W a distance of 85.80 feet to a point; Thence

19

11.  N 01-54-51 W a distance of 173.25 feet to a point;

20

Thence

21

12.  N 42-50-09 E a distance of 84.15 feet to a point; Thence

22

13.  N 68-50-09 E a distance of 193.05 feet to a point;

23

Thence

24

14.  S 82-54-51 E a distance of 277.20 feet to a point;

25

Thence

26

15.  S 55-49-51 E a distance of 181.50 feet to a point;

27

Thence

28

16.  S 39-09-51 E a distance of 174.90 feet to a point;

29

Thence

30

17.  S 38-50-43 E a distance of 323.09 feet to a point;

- 38 -

 


1

Thence

2

18.  S 41-10-03 E a distance of 218.21 feet to a point;

3

Thence

4

19.  S 53-47-45 E a distance of 165.00 feet to a point;

5

Thence

6

20.  S 74-32-45 E a distance of 82.50 feet to a point; Thence

7

21.  N 80-42-15 E a distance of 184.80 feet to a point;

8

Thence

9

22.  N 27-03-45 E a distance of 734.60 feet to a point;

10

Thence

11

23.  N 31-57-45 W a distance of 108.90 feet to a point;

12

Thence

13

24.  N 44-02-45 W a distance of 188.10 feet to a point;

14

Thence

15

25.  N 55-32-45 W a distance of 120.45 feet to a point;

16

Thence

17

26.  N 62-36-06 W a distance of 675.99 feet to a point;

18

Thence

19

27.  N 50-27-37 W a distance of 209.00 feet to a point;

20

Thence

21

28.  S 69-22-38 E a distance of 1278.90 feet to the point of

22

beginning.

23

Containing 1,130,364 square feet or 25.9496 acres of land, gross

24

area, be the same more or less.

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 confined 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

- 39 -

 


1

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

2

the land or improvements erected thereon.

3

(d)  Cooperative agreement and land use restriction.--

4

(1)  The Department of General Services shall only make

5

the conveyance to the Pennsylvania Fish and Boat Commission

6

as authorized by this section upon the Pennsylvania Fish and

7

Boat Commission providing the Department of General Services

8

with a copy of a cooperative agreement between it and Benner

9

Township that has been fully executed by the aforementioned

10

parties.

11

(2)  The deed of conveyance shall contain the following

12

restrictive covenant: "Under and subject to a condition that

13

the land conveyed herein shall be used solely by the

14

Pennsylvania Fish and Boat Commission to carry out their

15

legislatively mandated functions and for no other purpose.

16

Should the Grantee attempt to convey the property, or any

17

portion thereof, (other than exchanges for parcels known as

18

interiors or indentures which may be conveyed among the

19

parties to solidify contiguous management parcels and promote

20

overall management goals and objectives of the parties

21

involved), or utilize it for any other purpose, the property

22

shall immediately revert to the Grantor."

23

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

24

Warranty Deed and shall be executed by the Secretary of General

25

Services in the name of the Commonwealth.

26

(f)  Cost and fees.--Costs and fees incidental to this

27

conveyance shall be borne by the Grantee.

28

(g)  Nonconveyance.--In the event that this conveyance is not

29

executed within two years of the effective date of this section,

30

the authority contained in this section shall expire.

- 40 -

 


1

Section 4.  Conveyance to the Pennsylvania Game Commission in

2

Benner Township, Centre County, Pennsylvania.

3

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

4

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

5

the Commonwealth of Pennsylvania to grant and convey to the

6

Pennsylvania Game Commission certain land and improvements

7

situate in Benner Township, Centre County for $1,092,501 and

8

under terms and conditions to be established in an agreement of

9

sale or other appropriate agreement.

10

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

11

subsection (a) consists of four parcels of land totaling

12

1,211.1990-acres and improvements thereon bounded and more

13

particularly described as follows:

14

PARCEL PGC A

15

Beginning at a point at the intersection of the centerline of

16

Rock Road, Benner Township Road T-376 with the centerline of

17

Barnes Lane, Benner Township Road T-343 at the western corner of

18

the herein described parcel, said point having coordinates

19

referenced to the Pennsylvania State Plane Coordinate System

20

North Zone, North American Datum of 1983 of Northing 250867.8777

21

and Easting 1946233.7424;

22

Thence along the centerline of Barnes Lane  N 75-52-24 E a

23

distance of 906.10 feet to a point;

24

Thence continuing along the centerline of Barnes Lane and

25

concluding along lands now or formerly of The Pennsylvania State

26

University N 76-16-00 E a distance of 729.03 feet to a point;

27

Thence along lands now or formerly of The Pennsylvania State

28

University the following two (2) courses:

29

1.  N 46-01-11 E a distance of 1174.65 feet to a point;

30

Thence

- 41 -

 


1

2.  N 37-20-05 W a distance of 1121.00 feet to a point;

2

Thence along the centerline of Barnes Lane  the following five

3

(5) courses:

4

1.  along a curve to the right having a radius of 222.50,

5

central angle of 33° 58' 59", chord bearing and distance of N

6

38-12-46 E a distance of 130.04 feet, an arc distance of 131.97

7

feet to a point; Thence

8

2.  N 55-12-16 E a distance of 173.69 feet to a point; Thence

9

3.  N 54-32-13 E a distance of 246.09 feet to a point; Thence

10

4.  N 35-48-18 W a distance of 220.53 feet to a point; Thence

11

5.  N 26-06-44 E a distance of 969.25 feet to a point;

12

Thence along lands now or formerly of The Pennsylvania State

13

University the following nine (9) courses:

14

1.  S 37-42-30 E a distance of 903.31 feet to a point; Thence

15

2.  S 37-42-30 E a distance of 858.16 feet to a point; Thence

16

3.  N 31-57-27 E a distance of 1283.54 feet to a point;

17

Thence

18

4.  N 57-27-12 W a distance of 278.61 feet to a point; Thence

19

5.  N 32-21-26 E a distance of 312.52 feet to a point; Thence

20

6.  N 56-42-41 W a distance of 976.45 feet to a point; Thence

21

7.  N 56-49-35 W a distance of 313.91 feet to a point in the

22

centerline of Barnes Lane; Thence

23

8.  N 57-09-12 W a distance of 585.95 feet to a point; Thence

24

9.  N 57-08-47 W a distance of 519.25 feet to a point in a

25

southern line of lands now or formerly of Jesse P. and Barbara

26

J. Schaeffer;

27

Thence along lands of Jesse P. and Barbara J. Schaeffer N

28

52-43-46 E a distance of 920.39 feet to a point;

29

Thence along lands now or formerly of The Pennsylvania State

30

University N 52-42-39 E a distance of 2283.77 feet to a point;

- 42 -

 


1

Thence along the centerline of Barnes Lane the following five

2

(5) courses:

3

1.  N 46-26-16 E a distance of 57.98 feet to a point; Thence

4

2.  N 53-47-56 E a distance of 298.55 feet to a point; Thence

5

3.  N 54-50-37 E a distance of 558.06 feet to a point; Thence

6

4.  N 54-12-32 E a distance of 822.91 feet to a point; Thence

7

5.  N 54-07-25 E a distance of 71.92 feet to a point;

8

Thence along lands now or formerly of William J., Sandra R. and

9

John R. Ross the following two (2) courses:

10

1.  S 44-27-16 E a distance of 2189.69 feet to a point;

11

Thence

12

2.  N 72-30-02 E a distance of 330.70 feet to a point;

13

Thence along lands now or formerly of the Pennsylvania Fish and

14

Boat Commission the following six (6) courses:

15

1.  N 76-23-13 E a distance of 26.40 feet to a point; Thence

16

2.  S 31-08-47 E a distance of 151.80 feet to a point; Thence

17

3.  S 48-08-47 E a distance of 660.00 feet to a point; Thence

18

4.  S 66-08-47 E a distance of 577.50 feet to a point; Thence

19

5.  S 84-08-47 E a distance of 495.00 feet to a point; Thence

20

6.  S 81-38-47 E a distance of 396.00 feet to a point;

21

Thence along "Parcel PFBC C" the following twelve (12) courses:

22

1.  S 76-04-56 E a distance of 186.23 feet to a point; Thence

23

2.  S 66-23-58 E a distance of 81.76 feet to a point; Thence

24

3.  S 43-01-16 E a distance of 46.79 feet to a point; Thence

25

4.  S 32-03-06 E a distance of 41.87 feet to a point; Thence

26

5.  S 20-40-38 E a distance of 71.75 feet to a point; Thence

27

6.  S 11-11-35 W a distance of 75.95 feet to a point; Thence

28

7.  S 60-58-26 W a distance of 79.87 feet to a point; Thence

29

8.  S 74-06-26 W a distance of 112.91 feet to a point; Thence

30

9.  S 75-13-08 W a distance of 115.85 feet to a point; Thence

- 43 -

 


1

10.  S 76-24-41 W a distance of 202.18 feet to a point;

2

Thence

3

11.  S 77-55-55 W a distance of 153.16 feet to a point;

4

Thence

5

12.  S 74-44-21 W a distance of 99.88 feet to a point in the

6

western line of "Parcel PFBC B";

7

Thence along "Parcel PFBC B" N 17-04-41 W a distance of 53.02

8

feet to a point;

9

Thence along a line which is 75 feet northerly of and parallel

10

to the high water mark of Spring Creek and along the northern

11

line of "Parcel PFBC B" the following thirty-four (34) courses:

12

1.  S 71-36-30 W a distance of 56.86 feet to a point; Thence

13

2.  S 60-22-11 W a distance of 200.00 feet to a point; Thence

14

3.  S 19-00-42 W a distance of 200.00 feet to a point; Thence

15

4.  S 19-14-02 W a distance of 200.00 feet to a point; Thence

16

5.  S 03-02-20 E a distance of 200.00 feet to a point; Thence

17

6.  S 16-30-00 E a distance of 200.00 feet to a point; Thence

18

7.  S 06-46-03 W a distance of 200.00 feet to a point; Thence

19

8.  S 15-52-08 W a distance of 200.00 feet to a point; Thence

20

9.  S 45-22-46 W a distance of 200.00 feet to a point; Thence

21

10.  S 74-46-00 W a distance of 200.00 feet to a point;

22

Thence

23

11.  N 66-02-14 W a distance of 200.00 feet to a point;

24

Thence

25

12.  N 73-44-21 W a distance of 531.35 feet to a point;

26

Thence

27

13.  N 65-28-09 W a distance of 200.00 feet to a point;

28

Thence

29

14.  N 75-17-03 W a distance of 200.00 feet to a point;

30

Thence

- 44 -

 


1

15.  S 89-50-51 W a distance of 200.00 feet to a point;

2

Thence

3

16.  S 73-33-17 W a distance of 200.00 feet to a point;

4

Thence

5

17.  S 59-33-35 W a distance of 200.00 feet to a point;

6

Thence

7

18.  S 29-26-17 W a distance of 200.00 feet to a point;

8

Thence

9

19.  S 15-42-25 W a distance of 200.00 feet to a point;

10

Thence

11

20.  S 27-09-59 W a distance of 200.00 feet to a point;

12

Thence

13

21.  S 01-00-28 E a distance of 399.95 feet to a point;

14

Thence

15

22.  S 11-42-32 E a distance of 200.00 feet to a point;

16

Thence

17

23.  S 07-18-20 E a distance of 200.00 feet to a point;

18

Thence

19

24.  S 03-17-43 W a distance of 200.00 feet to a point;

20

Thence

21

25.  S 42-51-30 W a distance of 200.00 feet to a point;

22

Thence

23

26.  N 83-51-54 W a distance of 275.00 feet to a point;

24

Thence

25

27.  N 62-43-50 W a distance of 200.00 feet to a point;

26

Thence

27

28.  N 67-46-47 W a distance of 200.00 feet to a point;

28

Thence

29

29.  S 86-01-41 W a distance of 200.00 feet to a point;

30

Thence

- 45 -

 


1

30.  S 60-39-01 W a distance of 100.00 feet to a point;

2

Thence

3

31.  S 34-13-11 W a distance of 100.00 feet to a point;

4

Thence

5

32.  S 27-15-09 W a distance of 400.00 feet to a point;

6

Thence

7

33.  S 19-21-44 W a distance of 200.00 feet to a point;

8

Thence

9

34.  S 14-20-15 W a distance of 200.00 feet to a point;

10

Thence along "Parcel Benner C" S 54-42-51 W a distance of 624.93

11

feet to a point;

12

Thence along a line which is 75 feet northerly of and parallel

13

to the high water mark of Spring Creek and along the northern

14

line of "Parcel PFBC A.2" the following twenty-two (22) courses:

15

1.  N 66-27-44 W a distance of 200.00 feet to a point; Thence

16

2.  N 76-53-53 W a distance of 200.00 feet to a point; Thence

17

3.  N 83-47-42 W a distance of 400.00 feet to a point; Thence

18

4.  N 88-35-04 W a distance of 300.00 feet to a point; Thence

19

5.  S 74-18-54 W a distance of 200.00 feet to a point; Thence

20

6.  S 69-20-43 W a distance of 200.00 feet to a point; Thence

21

7.  S 65-15-58 W a distance of 200.00 feet to a point; Thence

22

8.  S 72-27-15 W a distance of 200.00 feet to a point; Thence

23

9.  S 75-26-31 W a distance of 200.00 feet to a point; Thence

24

10.  S 80-12-24 W a distance of 200.00 feet to a point;

25

Thence

26

11.  S 81-26-27 W a distance of 200.00 feet to a point;

27

Thence

28

12.  S 74-43-47 W a distance of 200.00 feet to a point;

29

Thence

30

13.  S 67-20-31 W a distance of 200.00 feet to a point;

- 46 -

 


1

Thence

2

14.  S 60-42-17 W a distance of 200.00 feet to a point;

3

Thence

4

15.  S 49-38-01 W a distance of 200.00 feet to a point;

5

Thence

6

16.  S 25-35-50 W a distance of 200.00 feet to a point;

7

Thence

8

17.  S 06-26-37 W a distance of 200.00 feet to a point;

9

Thence

10

18.  S 01-54-23 E a distance of 200.00 feet to a point;

11

Thence

12

19.  S 16-02-38 E a distance of 200.00 feet to a point;

13

Thence

14

20.  S 23-22-25 E a distance of 150.00 feet to a point;

15

Thence

16

21.  S 54-17-58 E a distance of 200.00 feet to a point;

17

Thence

18

22.  S 45-15-05 E a distance of 111.36 feet to a point;

19

Thence continuing along the northern line of "Parcel PFBC A.2" S

20

17-44-53 W a distance of 365.30 feet to a point at the common

21

northwestern corner of "Parcel PFBC A.2", the northern corner of

22

"Parcel DGS\DOC A" and the eastern corner of "Parcel Benner A";

23

Thence along "Parcel Benner A" the following three (3) courses:

24

1.  N 68-49-38 W a distance of 572.82 feet to a point; Thence

25

2.  S 17-58-42 W a distance of 342.76 feet to a point; Thence

26

3.  S 24-17-11 W a distance of 16.50 feet to a point;

27

Thence along the centerline of Barnes Lane, Benner Township Road

28

T-376, the following (11) courses:

29

1.  N 65-42-49 W a distance of 147.93 feet to a point; Thence

30

2.  N 67-39-19 W a distance of 359.73 feet to a point; Thence

- 47 -

 


1

3.  along a curve to the right having a radius of 520.18,

2

central angle of 18° 25' 39", chord bearing and distance of N

3

58-26-29 W a distance of 166.58 feet, an arc distance of 167.32

4

feet to a point; Thence

5

4.  N 49-13-39 W a distance of 208.45 feet to a point; Thence

6

5.  N 52-20-55 W a distance of 166.24 feet to a point; Thence

7

6.  N 46-43-23 W a distance of 274.16 feet to a point; Thence

8

7.  along a curve to the left having a radius of 300.00,

9

central angle of 25° 48' 32", chord bearing and distance of N

10

59-37-39 W a distance of 134.00 feet, an arc distance of 135.14

11

to a point; Thence

12

8.  N 72-31-55 W a distance of 97.37 feet to a point; Thence

13

9.  along a curve to the right having a radius of 200.00,

14

central angle of 34° 24' 16", chord bearing and distance of N

15

55-19-47 W a distance of 118.30 feet, an arc distance of 120.10

16

to a point; Thence

17

10.  N 38-07-39 W a distance of 36.70 feet to a point; Thence

18

11.  N 35-31-13 W a distance of 176.59 feet to the point of

19

beginning.

20

Containing 30,454,293 square feet or 699.1344 acres of land,

21

gross area, be the same more or less, once the 90,000 square

22

feet or 2.0661 acres of land contained within "Parcel DGS\DOC B"

23

lying entirely within the bounds of the herein described parcel

24

is removed.

25

PARCEL PGC B

26

Beginning at a point in the western line of "Parcel Benner B" at

27

the common northeastern corner of "Parcel PSU A" and the

28

southeastern corner of the herein described parcel, said point

29

having coordinates referenced to the Pennsylvania State Plane

30

Coordinate System North Zone, North American Datum of 1983 of

- 48 -

 


1

Northing 249321.7794 and Easting 1951029.2235;

2

Thence along "Parcel PSU A" the following two (2) courses:

3

1.  S 80-24-34 W a distance of 421.46 feet to a point; Thence

4

2.  S 66-39-59 W a distance of 1233.16 feet to a point in the

5

eastern line of lands now or formerly of Betty H. Delafield at

6

the common northwestern corner of "Parcel PSU A" and a

7

southwestern corner of the herein described parcel;

8

Thence along said land of Betty H. Delafield N 38-46-35 W a

9

distance of 659.12 feet to a point;

10

Thence continuing along said land of Betty H. Delafield and

11

concluding along lands now or formerly of Kathryn N., William C.

12

& Kelley D. Stocker S 49-16-53 W a distance of 1761.25 feet to a

13

point;

14

Thence along a line which is 75 feet southerly of and parallel

15

to the high water mark of Spring Creek and along the southerly

16

line of "Parcel PFBC A.3" the following seven (7) courses:

17

1.  N 05-32-18 W a distance of 236.60 feet to a point; Thence

18

2.  N 18-43-40 W a distance of 200.00 feet to a point; Thence

19

3.  N 12-06-11 W a distance of 200.00 feet to a point; Thence

20

4.  N 86-04-14 E a distance of 254.55 feet to a point; Thence

21

5.  N 80-13-05 E a distance of 200.00 feet to a point; Thence

22

6.  N 80-25-03 E a distance of 200.00 feet to a point; Thence

23

7.  N 53-50-18 E a distance of 265.44 feet to a point;

24

Thence continuing along a line which is 75 feet southerly of and

25

parallel to the high water mark of Spring Creek and along the

26

southerly line of "Parcel PFBC A.3" and concluding along a line

27

which is 75 feet southerly of and parallel to the high water

28

mark of Spring Creek and along the southerly line of "Parcel

29

PFBC A.1" N 53-57-43 E a distance of 200.00 feet to a point;

30

Thence continuing along a line which is 75 feet southerly of and

- 49 -

 


1

parallel to the high water mark of Spring Creek and along the

2

southerly line of "Parcel PFBC A.1" the following ten (10)

3

courses:

4

1.  N 47-37-56 E a distance of 200.00 feet to a point; Thence

5

2.  N 44-23-35 E a distance of 200.00 feet to a point; Thence

6

3.  N 34-56-58 E a distance of 200.00 feet to a point; Thence

7

4.  N 13-39-49 E a distance of 200.00 feet to a point; Thence

8

5.  N 03-47-47 W a distance of 200.00 feet to a point; Thence

9

6.  N 20-29-48 W a distance of 200.00 feet to a point; Thence

10

7.  N 30-53-52 W a distance of 200.00 feet to a point; Thence

11

8.  N 36-53-58 W a distance of 200.00 feet to a point; Thence

12

9.  N 33-28-03 W a distance of 200.00 feet to a point; Thence

13

10.  N 02-25-05 W a distance of 200.00 feet to a point;

14

Thence continuing along the southerly line of "Parcel PFBC A.1"

15

the following four (4) courses:

16

1.  N 63-53-59 E a distance of 1280.00 feet to a point;

17

Thence

18

2.  N 61-58-13 E a distance of 480.00 feet to a point; Thence

19

3.  N 86-46-03 E a distance of 700.00 feet to a point; Thence

20

4.  S 85-24-22 E a distance of 700.00 feet to a point in the

21

western line of "Parcel Benner B" at the common southeastern

22

corner of "Parcel PFBC A.1" and the northeastern corner of the

23

herein described parcel;

24

Thence along the western line of "Parcel Benner B" the following

25

eleven (11) courses:

26

1.  S 10-12-55 W a distance of 118.06 feet to a point; Thence

27

2.  S 13-11-30 W a distance of 18.17 feet to a point; Thence

28

3.  S 16-10-05 W a distance of 27.53 feet to a point; Thence

29

4.  S 16-10-05 W a distance of 73.05 feet to a point; Thence

30

5.  along a curve to the left having a radius of 1025.00,

- 50 -

 


1

central angle of 36° 17' 33", chord bearing and distance of S

2

01-58-42 E a distance of 638.46 feet, an arc distance of 649.26

3

feet to a point; Thence

4

6.  S 20-07-28 E a distance of 231.37 feet to a point; Thence

5

7.  along a curve to the right having a radius of 325.00,

6

central angle of 57° 06' 25", chord bearing and distance of S

7

08-25-44 W a distance of 310.69 feet, an arc distance of 323.93

8

feet to a point; Thence

9

8.  along a curve to the right having a radius of 275.00,

10

central angle of 26° 32' 18", chord bearing and distance of S

11

50-15-05 W a distance of 126.24 feet, an arc distance of 127.37

12

feet to a point; Thence

13

9.  S 63-31-14 W a distance of 321.97 feet to a point; Thence

14

10.  along a curve to the left having a radius of 450.00,

15

central angle of 73° 06' 40", chord bearing and distance of S

16

26-57-54 W a distance of 536.04 feet, an arc distance of 574.21

17

feet to a point; Thence

18

11.  S 09-35-26 E a distance of 186.32 feet to the point of

19

beginning.

20

Containing 6,284,911 square feet or 144.2817 acres of land,

21

gross area, be the same more or less.

22

PARCEL PGC C

23

Beginning at a point in the northern right-of-way line of SR6026

24

Section C03 at the common southeastern corner of "Parcel Benner

25

B" and a southwestern corner of the herein described parcel,

26

said point having coordinates referenced to the Pennsylvania

27

State Plane Coordinate System North Zone, North American Datum

28

of 1983 of Northing 248840.6417 and Easting 1951161.2283;

29

Thence along "Parcel Benner B" the following twelve (12)

30

courses:

- 51 -

 


1

1.  N 09-35-26 W a distance of 682.73 feet to a point; Thence

2

2.  along a curve to the right having a radius of 400.00,

3

central angle of 73° 06' 40", chord bearing and distance of N

4

26-57-54 E a distance of 476.48 feet, an arc distance of 510.41

5

feet to a point; Thence

6

3.  N 63-31-14 E a distance of 321.97 feet to a point; Thence

7

4.  along a curve to the left having a radius of 325.00,

8

central angle of 26° 32' 18", chord bearing and distance of N

9

50-15-05 E a distance of 149.19 feet, an arc distance of 150.53

10

feet to a point; Thence

11

5.  along a curve to the left having a radius of 375.00,

12

central angle of 57° 06' 24", chord bearing and distance of N

13

08-25-44 E a distance of 358.48 feet, an arc distance of 373.76

14

feet to a point; Thence

15

6.  N 20-07-28 W a distance of 231.37 feet to a point; Thence

16

7.  along a curve to the right having a radius of 975.00,

17

central angle of 36° 17' 33", chord bearing and distance of N

18

01-58-42 W a distance of 607.31 feet, an arc distance of 617.59

19

feet to a point; Thence

20

8.  N 16-10-05 E a distance of 99.88 feet to a point; Thence

21

9.  N 16-10-05 E a distance of 0.70 feet to a point; Thence

22

10.  N 13-11-30 E a distance of 23.37 feet to a point; Thence

23

11.  N 10-12-55 E a distance of 188.06 feet to a point;

24

Thence

25

12.  along a curve to the right having a radius of 175.00,

26

central angle of 05° 42' 51", chord bearing and distance of N

27

13-04-20 E a distance of 17.45 feet, an arc distance of 17.45

28

feet to a point;

29

Thence along a line which is 75 feet southerly of and parallel

30

to the high water mark of Spring Creek and along the southern

- 52 -

 


1

line of "Parcel PFBC B" the following twenty-five (25) courses:

2

1.  N 80-38-34 E a distance of 100.00 feet to a point; Thence

3

2.  N 48-27-09 E a distance of 200.00 feet to a point; Thence

4

3.  N 51-10-19 E a distance of 200.00 feet to a point; Thence

5

4.  N 20-21-07 E a distance of 200.00 feet to a point; Thence

6

5.  N 00-26-48 W a distance of 200.00 feet to a point; Thence

7

6.  N 08-50-32 E a distance of 200.00 feet to a point; Thence

8

7.  N 24-26-52 E a distance of 200.00 feet to a point; Thence

9

8.  N 33-10-18 E a distance of 300.00 feet to a point; Thence

10

9.  S 72-05-47 E a distance of 200.00 feet to a point; Thence

11

10.  S 72-54-05 E a distance of 200.00 feet to a point;

12

Thence

13

11.  S 81-27-28 E a distance of 200.00 feet to a point;

14

Thence

15

12.  S 87-43-29 E a distance of 200.00 feet to a point;

16

Thence

17

13.  N 61-22-31 E a distance of 200.00 feet to a point;

18

Thence

19

14.  N 29-56-54 E a distance of 200.00 feet to a point;

20

Thence

21

15.  N 18-13-10 E a distance of 200.00 feet to a point;

22

Thence

23

16.  N 05-33-01 W a distance of 850 feet to a point; Thence

24

17.  N 22-31-04 E a distance of 400.00 feet to a point;

25

Thence

26

18.  N 50-42-08 E a distance of 200.00 feet to a point;

27

Thence

28

19.  N 80-59-33 E a distance of 200.00 feet to a point;

29

Thence

30

20.  S 72-35-33 E a distance of 1000.00 feet to a point;

- 53 -

 


1

Thence

2

21.  S 74-04-29 E a distance of 350.00 feet to a point;

3

Thence

4

22.  N 59-53-33 E a distance of 200.00 feet to a point;

5

Thence

6

23.  N 34-44-06 E a distance of 200.00 feet to a point;

7

Thence

8

24.  N 50-06-08 E a distance of 200.00 feet to a point;

9

Thence

10

25.  N 08-52-47 E a distance of 264.06 feet to a point in the

11

western line of "Parcel DGS\DOC C" at the northeastern corner of

12

the herein described parcel;

13

Thence along "Parcel DGS\DOC C" the following eight (8) courses:

14

1.  S 83-31-21 E a distance of 61.39 feet to a point; Thence

15

2.  S 35-05-27 E a distance of 436.05 feet to a point; Thence

16

3.  S 35-05-27 E a distance of 70.37 feet to a point; Thence

17

4.  S 27-37-27 E a distance of 517.07 feet to a point; Thence

18

5.  S 45-07-27 E a distance of 333.40 feet to a point; Thence

19

6.  S 39-40-31 W a distance of 121.08 feet to a point; Thence

20

7.  S 50-19-29 E a distance of 380.89 feet to a point; Thence

21

8.  S 58-26-10 E a distance of 385.97 feet to a point in the

22

northern right-of-way line of SR6026 section C03;

23

Thence along the northern right-of-way line of SR6026 section

24

C03 the following four (4) courses:

25

1.  S 21-11-24 W a distance of 37.05 feet to a point; Thence

26

2.  S 27-35-26 W a distance of 202.24 feet to a point; Thence

27

3.  S 19-25-20 W a distance of 208.81 feet to a point; Thence

28

4.  S 36-07-17 W a distance of 400.00 feet to a point;

29

Thence along "Parcel PSU B" the following fifteen (15) courses:

30

1.  N 36-08-01 W a distance of 1464.52 feet to a point;

- 54 -

 


1

Thence

2

2.  S 63-00-59 W a distance of 200.82 feet to a point; Thence

3

3.  S 83-40-05 W a distance of 488.71 feet to a point; Thence

4

4.  S 64-36-24 W a distance of 1678.24 feet to a point;

5

Thence

6

5.  S 24-18-10 W a distance of 302.73 feet to a point; Thence

7

6.  S 40-51-08 E a distance of 393.70 feet to a point; Thence

8

7.  S 36-50-33 W a distance of 467.02 feet to a point; Thence

9

8.  S 58-37-42 W a distance of 391.11 feet to a point; Thence

10

9.  S 39-46-23 W a distance of 856.72 feet to a point; Thence

11

10.  S 18-59-26 E a distance of 148.64 feet to a point;

12

Thence

13

11.  S 71-00-34 W a distance of 191.00 feet to a point;

14

Thence

15

12.  S 73-19-05 W a distance of 152.99 feet to a point;

16

Thence

17

13.  S 88-14-59 W a distance of 118.07 feet to a point;

18

Thence

19

14.  S 56-46-15 W a distance of 16.95 feet to a point; Thence

20

15.  S 21-32-16 E a distance of 1900.70 feet to a point;

21

Thence along the northern right-of-way line of SR6026 section

22

C03 the following (12) courses:

23

1.  S 66-43-13 W a distance of 156.87 feet to a point; Thence

24

2.  N 06-26-17 W a distance of 231.62 feet to a point; Thence

25

3.  S 85-19-31 W a distance of 284.60 feet to a point; Thence

26

4.  S 06-03-25 E a distance of 400.66 feet to a point; Thence

27

5.  S 49-31-27 W a distance of 273.53 feet to a point; Thence

28

6.  N 83-23-52 W a distance of 242.73 feet to a point; Thence

29

7.  N 64-59-41 W a distance of 313.59 feet to a point; Thence

30

8.  along a curve to the left having a radius of 470.00,

- 55 -

 


1

central angle of 30° 16' 30", chord bearing and distance of N

2

74-38-58 W a distance of 245.47 feet, an arc distance of 248.35

3

feet to a point; Thence

4

9.  along a curve to the left having a radius of 410.00,

5

central angle of 09° 46' 56", chord bearing and distance of S

6

85-19-19 W a distance of 69.92 feet, an arc distance of 70.00

7

feet to a point; Thence

8

10.  S 80-26-29 W a distance of 254.02 feet to a point;

9

Thence

10

11.  N 09-34-07 W a distance of 105.24 feet to a point;

11

Thence

12

12.  S 80-25-53 W a distance of 45.19 feet to the point of

13

beginning.

14

Containing 9,306,609 square feet or 213.6503 acres of land,

15

gross area, be the same more or less.

16

PARCEL PGC D

17

Beginning at a point in the northern right-of-way line of SR6026

18

Section C03 at the common southeastern corner of "Parcel DGS\DOC

19

C" and the southwestern corner of the herein described parcel,

20

said point having coordinates referenced to the Pennsylvania

21

State Plane Coordinate System North Zone, North American Datum

22

of 1983 of Northing 253535.0168 and Easting 1957552.7604;

23

Thence along "Parcel DGC\DOC C" the following fourteen (14)

24

courses:

25

1.  N 50-59-28 W a distance of 178.90 feet to a point; Thence

26

2.  along a curve to the left having a radius of 425.00,

27

central angle of 24° 14' 55", chord bearing and distance of N

28

63-06-55 W a distance of 178.53 feet, an arc distance of 179.87

29

feet to a point; Thence

30

3.  N 75-14-22 W a distance of 354.58 feet to a point; Thence

- 56 -

 


1

4.  along a curve to the right having a radius of 1175.00,

2

central angle of 10° 33' 48", chord bearing and distance of N

3

69-57-28 W a distance of 216.32 feet, an arc distance of 216.63

4

feet to a point; Thence

5

5.  along a curve to the right having a radius of 725.00,

6

central angle of 37° 52' 31", chord bearing and distance of N

7

45-44-18 W a distance of 470.58 feet, an arc distance of 479.26

8

feet to a point; Thence

9

6.  N 26-48-02 W a distance of 146.74 feet to a point; Thence

10

7.  along a curve to the right having a radius of 1175.00,

11

central angle of 10° 51' 40", chord bearing and distance of N

12

21-22-12 W a distance of 222.40 feet, an arc distance of 222.74

13

feet to a point; Thence

14

8.  N 15-56-21 W a distance of 105.60 feet to a point; Thence

15

9.  along a curve to the left having a radius of 475.00,

16

central angle of 17° 06' 50", chord bearing and distance of N

17

24-24-44 W a distance of 141.35 feet, an arc distance of 141.88

18

feet to a point; Thence

19

10.  N 32-58-09 W a distance of 171.95 feet to a point;

20

Thence

21

11.  along a curve to the left having a radius of 225.00,

22

central angle of 31° 19' 21", chord bearing and distance of N

23

48-37-49 W a distance of 121.48 feet, an arc distance of 123.00

24

to a point; Thence

25

12.  along a curve to the left having a radius of 110.00,

26

central angle of 25° 31' 22", chord bearing and distance of N

27

77-03-10 W a distance of 48.60 feet, an arc distance of 49.00

28

feet to a point; Thence

29

13.  N 64-19-31 W a distance of 36.60 feet to a point; Thence

30

14.  N 83-31-21 W a distance of 130.18 feet to a point;

- 57 -

 


1

Thence along a line which is 75 feet southerly of and parallel

2

to the high water mark of Spring Creek and along the southern

3

line of "Parcel PFBC B" the following five (5) courses:

4

1.  N 03-13-44 W a distance of 200.00 feet to a point; Thence

5

2.  N 06-45-25 W a distance of 200.00 feet to a point; Thence

6

3.  N 13-59-17 E a distance of 200.00 feet to a point; Thence

7

4.  N 25-26-01 E a distance of 100.00 feet to a point; Thence

8

5.  N 66-10-55 E a distance of 100.00 feet to a point;

9

Thence along a line which is 75 feet southerly of and parallel

10

to the high water mark of Spring Creek and along the southern

11

line of "Parcel PFBC C" the following eight (8) courses:

12

1.  N 70-43-44 E a distance of 93.07 feet to a point; Thence

13

2.  N 80-41-09 E a distance of 148.12 feet to a point; Thence

14

3.  N 75-20-56 E a distance of 207.47 feet to a point; Thence

15

4.  N 75-27-57 E a distance of 118.52 feet to a point; Thence

16

5.  N 71-24-08 E a distance of 131.36 feet to a point; Thence

17

6.  N 57-22-30 E a distance of 132.86 feet to a point; Thence

18

7.  N 23-31-50 E a distance of 61.33 feet to a point; Thence

19

8.  N 11-11-35 E a distance of 122.33 feet to a point;

20

Thence along the southern line of "Parcel PFBC C"  N 11-32-09 W

21

a distance of 462.09 feet to a point; Thence along lands now or

22

formerly of the Pennsylvania Fish & Boat Commission, Centre

23

County Deed Book 152, Page 30, the "Hartle Tract" N 57-48-05 W a

24

distance of 637.15 feet to a point;

25

Thence continuing along lands now or formerly of the

26

Pennsylvania Fish & Boat Commission, Centre County Deed Book

27

152, Page 30, the "Hartle Tract" and concluding along lands now

28

or formerly of the Pennsylvania Fish & Boat Commission, Centre

29

County Deed Book 152, Page 30, the "Bressler Tract" N 29-13-00 E

30

a distance of 1629.44 feet to a point;

- 58 -

 


1

Thence along "Parcel PFBC D" the following five (5) courses:

2

1.  S 47-46-09 E a distance of 380.21 feet to a point; Thence

3

2.  S 60-16-51 E a distance of 291.70 feet to a point; Thence

4

3.  N 73-37-17 E a distance of 411.21 feet to a point; Thence

5

4.  N 47-00-19 E a distance of 144.88 feet to a point; Thence

6

5.  N 78-20-36 E a distance of 249.26 feet to a point;

7

Thence along "Parcel PSU C" the following eight (8) courses:

8

1.  S 54-04-45 E a distance of 245.93 feet to a point; Thence

9

2.  S 31-09-05 W a distance of 2231.65 feet to a point;

10

Thence

11

3.  S 11-30-56 W a distance of 278.82 feet to a point; Thence

12

4.  S 46-26-49 E a distance of 1021.22 feet to a point;

13

Thence

14

5.  N 48-42-18 E a distance of 50.00 feet to a point; Thence

15

6.  S 41-17-42 E a distance of 127.37 feet to a point; Thence

16

7.  along a curve to the left having a radius of 175.00,

17

central angle of 16° 58' 41", chord bearing and distance of S

18

49-47-02 E a distance of 51.67 feet, an arc distance of 51.86

19

feet to a point; Thence

20

8.  S 59-41-39 E a distance of 130.00 feet to a point;

21

Thence along the northern right-of-way line of SR6026 Section

22

C03 the following (5) courses:

23

1.  S 19-43-54 W a distance of 354.40 feet to a point; Thence

24

2.  S 65-38-49 E a distance of 245.15 feet to a point; Thence

25

3.  S 08-38-49 W a distance of 281.78 feet to a point; Thence

26

4.  S 36-07-17 W a distance of 700.00 feet to a point; Thence

27

5.  S 43-42-58 W a distance of 385.04 feet to the point of

28

beginning.

29

Containing 6,713,999 square feet or 154.1322 acres of land,

30

gross area, be the same more or less.

- 59 -

 


1

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

2

subject to all lawful and enforceable easements, servitudes and

3

rights of others, including but not confined to streets,

4

roadways and rights of any telephone, telegraph, water,

5

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

6

subject to any lawful and enforceable estates or tenancies

7

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

8

the land or improvements erected thereon.

9

(d)  Cooperative agreement and land use restriction.--

10

(1)  The Department of General Services shall only make

11

the conveyance to the Pennsylvania Game Commission as

12

authorized by this section upon the Pennsylvania Game

13

Commission providing the Department of General Services with

14

a copy of a cooperative agreement between it and Benner

15

Township that has been fully executed by the aforementioned

16

parties.

17

(2)  The deed of conveyance shall contain the following

18

restrictive covenant: "Under and subject to a condition that

19

the land conveyed herein shall be used solely by the

20

Pennsylvania Game Commission to carry out its legislatively

21

mandated functions and for no other purpose. Should the

22

Grantee attempt to convey the property, or any portion

23

thereof, (other than exchanges for parcels known as interiors

24

or indentures which may be conveyed among the parties to

25

solidify contiguous management parcels and promote overall

26

management goals and objectives of the parties involved), or

27

utilize it for any other purpose, the property shall

28

immediately revert to the Grantor."

29

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

30

Warranty Deed and shall be executed by the Secretary of General

- 60 -

 


1

Services in the name of the Commonwealth.

2

(f)  Costs and fees.--Costs and fees incidental to this

3

conveyance shall be borne by the Grantee.

4

(g)  Nonconveyance.--In the event that this conveyance is not

5

executed within two years of the effective date of this section,

6

the authority contained in this section shall expire.

7

Section 5 1.  Conveyance in South Canaan Township, Wayne County.

<--

8

(a)  Authorization.--The Department of Conservation and

9

Natural Resources, with the approval of the Governor, is hereby

10

authorized on behalf of the Commonwealth of Pennsylvania to

11

grant and convey to the Canaan Bible Chapel certain lands

12

situate in South Canaan Township, Wayne County, in exchange for

13

certain property to be conveyed to the Commonwealth of

14

Pennsylvania under subsection (c).

15

(b)  Description of property to be transferred to Canaan

16

Bible Chapel.--The property to be conveyed under subsection (a)

17

consists of 9.92 acres and is more particularly described as

18

follows:

19

Commencing at a point in the center of Hemlock Road, said

20

point being where lands of the DCNR and those of Canaan Bible

21

Chapel have a common corner on the said Road, said point being

22

the POINT OF BEGINNING; thence along the center of the said

23

Hemlock Road, North 52°20'08" East, a distance of 50.07' (50.070

24

Feet) to a point on the said Road common to other lands of said

25

Canaan Bible Chapel; thence along the same, South 41°11'02"

26

East, a distance of 616.35' (616.347 Feet) to an iron pin for

27

corner where lands of the DCNR and a parcel of said Canaan Bible

28

Chapel have a common corner; thence along a parcel to be

29

conveyed to the DCNR, South 41°11'02" East, a distance of

30

225.00' (225.000 Feet) to an iron pin set for corner; thence

- 61 -

 


1

through the lands of the DCNR, South 45°48'20" West, a distance

2

of 1079.36' (1079.362 Feet) to an iron pin in a corner of a

3

parcel owned by PPL, being an electrical substation for the

4

same; thence North 02°59'17" West, a distance of 237.51'

5

(237.510 Feet) along the same to an iron pin for corner; thence

6

still by the same, South 81°00'00" West, a distance of 295.15'

7

(295.150 Feet) to the center of State Route 0296; thence along

8

the center of the said Road, North 21°20'35" West, a distance of

9

182.01' (182.010 Feet); thence still by the same, North

10

22°56'02" West, a distance of 109.11' (109.110 Feet); thence

11

still by the center of the said Road, North 24°05'00" West, a

12

distance of 141.27' (141.270 Feet); thence still along the said

13

Road, North 25°23'54" West, a distance of 110.25' (110.250 Feet)

14

to a point; thence still along the said Road, North 27°15'00"

15

West, a distance of 77.08' (77.080 Feet) to a point; thence

16

still along the center of said Route 0296, North 28°10'26" West,

17

a distance of 18.05' (18.050 Feet) to the intersection of said

18

State Route 0296 and said Hemlock Road; thence along the center

19

of said Hemlock Road, North 51°20'01" East, a distance of

20

175.01' (175.010 Feet) to a point on the said Road common to the

21

lands of the DCNR and Canaan Bible Chapel; thence along the

22

lands of said Canaan Bible Chapel, South 40°39'52" East, a

23

distance of 678.81' (678.810 Feet) to an iron pin for corner;

24

thence still by the same, North 52°20'08" East, a distance of

25

767.30' (767.300 Feet) to an iron pin set for corner; thence

26

along the lands of the same, North 40°39'52" West, a distance of

27

682.50' (682.500 Feet) to the POINT OF BEGINNING.

28

Containing 9.92 Acres (9.92 Acres), more or less.

29

(c)  Conveyance of property to Commonwealth.--The Department

30

of Conservation and Natural Resources, with the approval of the

- 62 -

 


1

Governor, is hereby authorized on behalf of the Commonwealth of

2

Pennsylvania to receive from the Canaan Bible Chapel certain

3

lands situate in South Canaan Township, Wayne County, in

4

exchange for the property to be conveyed to the Canaan Bible

5

Chapel under subsection (a).

6

(d)  Description of property to be transferred to the

7

Commonwealth.--The property to be conveyed under subsection (c)

8

consists of 20.11 acres and is more particularly described as

9

follows:

10

Commencing at a point in the center of Hemlock Road, said

11

point being where lands of the DCNR and those now or formerly of

12

Sheeley have a common corner on the said Road, said point being

13

the POINT OF BEGINNING; thence along the lands of said Sheeley,

14

S.E.42°00'45", a distance of 596.32' (596.323 ') to an iron pin

15

for corner; thence still by the same, N.E.49°20'34", a distance

16

of 314.42' (314.422 ') to an iron pin set in a stone wall, being

17

the line of lands of Jas. O'Neill; thence along the lands of

18

said O'Neill, S.E.42°17'29", a distance of 883.86' (883.864 ')

19

to an iron pin set for corner at the line of lands of the DCNR;

20

thence along the same, S.W.51°52'42", a distance of 992.78'

21

(992.780 ') to an iron pin set for corner; thence still along

22

the line of lands of the DCNR, N.W.41°11'02", a distance of

23

839.62' (839.623 ') to an iron pin set for corner; thence

24

through the lands of said Canaan Bible Chapel, N.E.49°27'14", a

25

distance of 609.92' (609.915 ') to an iron pin set for corner;

26

thence still through the lands of said Canaan Bible Chapel,

27

N.W.42°00'45", a distance of 599.06' (599.056 ') to the center

28

of said Hemlock Road; thence along the same, N.E.51°06'57", a

29

distance of 50.07' (50.075 ') to the POINT OF BEGINNING.

30

Containing 20.11 Acres.

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1

(e)  Conditions.--The conveyances described in this section

2

shall be made concurrently and under and subject to all lawful

3

and enforceable easements, servitudes and rights of others,

4

including, but not limited to, streets, roadways and any rights

5

of any telephone, telegraph, water, electric, gas or pipeline

6

companies, as well as under and subject to any lawful and

7

enforceable estates or tenancies vested in third persons

8

appearing of record, for any portion of the land or improvements

9

erected on the land.

10

(f)  Restriction.--The conveyance authorized under subsection

11

(a) shall be made under and subject to the condition, which

12

shall be contained in the deed of conveyance, that no portion of

13

the property conveyed shall be used as a licensed facility, as

14

defined in 4 Pa.C.S. § 1103 (relating to definitions) or any

15

other similar type of facility authorized under State law. The

16

condition shall be a covenant running with the land and shall be

17

binding upon the grantee, its successors and assigns. Should the

18

grantee, its successors or assigns permit any portion of the

19

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

20

violation of this section, the title shall immediately revert to

21

and revest in the grantor.

22

(g)  Deed of conveyance.--The deed for the conveyance of the

23

property in accordance with subsections (a) and (e) shall be a

24

special warranty deed and shall be properly executed by the

25

Secretary of Conservation and Natural Resources in the name of

26

the Commonwealth.

27

(h)  Costs and fees.--The costs and fees incidental to the

28

conveyances contained in this section shall be borne by the

29

Canaan Bible Chapel.

30

Section 6 2.  Conveyance in Lackawanna County.

<--

- 64 -

 


1

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

2

the approval of the Department of Education and the Governor, is

3

hereby authorized on behalf of the Commonwealth of Pennsylvania

4

to grant and convey to Marywood University, approximately ten

5

acres including nine buildings and all improvements thereon, as

6

described in subsection (b) for $500,000.

7

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

8

pursuant to subsection (a) consists of approximately ten acres,

9

including nine buildings and all improvements thereon, more

10

particularly described as follows:

11

ALL THAT CERTAIN tract of land situate in the City of

12

Scranton and the Borough of Dunmore, Lackawanna County, being

13

more particularly bound and described as follows:

14

BEGINNING at the easterly intersection of Washington Avenue

15

and Electric Street, then North 40 degrees 30 minutes East along

16

Washington Avenue 464.2 feet to a corner about the center of the

17

Old Drinker Turnpike now vacated and abandoned and reverted to

18

adjoining owners who have adjusted the lines of the division of

19

the said Turnpike; thence along said Turnpike South 49 degrees

20

30 minutes East 338 feet to a corner; thence South 60 degrees 10

21

minutes East about 57 feet to the center line of Adams Avenue;

22

thence North 40 degrees 30 minutes East along said center line

23

47 feet to a corner; thence South 49 degrees 30 minutes East 317

24

feet to a corner; thence South 12 degrees 00 minutes West 143

25

feet to a corner on the Northerly fence line of Jefferson

26

Avenue; thence South 40 degrees 30 minutes West along said

27

Jefferson Avenue 390.2 feet to the easterly fence line of

28

Electric Street; thence North 49 degrees 40 minutes West along

29

said Electric Street 785 feet to the place of BEGINNING.

30

BEING the same premises conveyed from the Pennsylvania Oral

- 65 -

 


1

School for the Deaf to the Commonwealth of Pennsylvania, by deed

2

dated December 10, 1915 and recorded January 20, 1916, in the

3

Office of the Recorder of Deeds for the County of Lackawanna,

4

Pennsylvania, in Deed Book 276, Page 207.

5

(c)  Conditions.--The conveyance 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

(d)  Restriction.--The conveyance authorized under this

14

section shall be made under and subject to the condition, which

15

shall be contained in the deed of conveyance, that no portion of

16

the property conveyed shall be used as a licensed facility, as

17

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

18

other similar type of facility authorized under State law. The

19

condition shall be a covenant running with the land and shall be

20

binding upon the Grantee, its successors and assigns. Should the

21

Grantee, its successors or assigns, permit any portion of the

22

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

23

violation of this subsection, the title shall immediately revert

24

to and revest in the Grantor.

25

(e)  Deed.--The deed of conveyance shall be executed by the

26

Secretary of General Services in the name of the Commonwealth.

27

(f)  Deposit of proceeds.--Proceeds from this conveyance

28

shall be deposited into the General Fund.

29

(g)  Costs and fees.--Costs and fees incidental to this

30

conveyance shall be borne by the Grantee.

- 66 -

 


1

(h)  Alternate disposition.--In the event that this

2

conveyance is not executed within one year of the effective date

3

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

4

with Article 2405-A of the Act of April 9, 1929 (P.L.177,

5

No.175), known as The Administrative Code of 1929.

6

Section 7 3.  Conveyance in 38th Ward, City of Philadelphia.

<--

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 certain

10

land, together with any buildings, structures or improvements

11

thereon, being a portion of the former Eastern Pennsylvania

12

Psychiatric Institute, situate in the 38th Ward of the City of

13

Philadelphia, Philadelphia County, using a public solicitation

14

for proposals process.

15

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

16

subsection (a) consists of the following, including any

17

improvements erected thereon:

18

ALL THAT CERTAIN lot or piece of ground with the buildings

19

and improvements thereon erected, SITUATE in the City and County

20

of Philadelphia, Pennsylvania as shown on a plan entitled

21

"Relocation of Lot Lines Plan" prepared by Langan Engineering

22

and Environmental Services, Inc. dated 08-14-06, and being more

23

particularly bounded and described as follows, to wit:

24

BEGINNING at the point at the intersection of the

25

southwesterly right of way line of Henry Avenue (variable width)

26

and the southeasterly right of way line of the Roosevelt

27

Boulevard Extension (a.k.a. U.S. Route 1, variable width);

28

thence,

29

1.  Extending along the southwesterly right of way line of

30

Henry Avenue, South 33°10'29" East, a distance of 567.15

- 67 -

 


1

feet; thence,

2

2.  Leaving said line of Henry Avenue and extending along the

3

lines of Lot 2, South 56°49'31" West, a distance of

4

314.18 feet; thence,

5

3.  Still along the same South 33°10'29" East, a distance of

6

378.94 feet; thence,

7

4.  Still along the same North 56°49'31" East, a distance of

8

290.44 feet to a point of cusp in the aforementioned line

9

of Henry Avenue; thence,

10

5.  Along the said line of Henry Avenue on the arc of a

11

circle curving to the right having a radius of 513.79

12

feet, an arc distance of 22.56 feet and a central angle

13

of 02°30'56" and being subtended by a chord which bears

14

South 14°25'50" East a distance of 22.56 feet; thence, 

15

6.  Still along the same South 13°10'22" East tangent to said

16

curve, a distance of 419.90 feet to a point in the

17

northerly line of the Germantown and Norristown Railroad

18

(66 feet wide); thence, 

19

7.  North 67°56'26" West, a distance of 1,114.24 feet;

20

thence,

21

8.  Leaving said line and extending North 07°28'16" West, a

22

distance of 500.29 feet to a point in the aforementioned

23

southeasterly right of way line of the Roosevelt

24

Boulevard Extension; thence, 

25

9.  Along said line of the Roosevelt Boulevard Extension

26

North 56°42'49" East, a distance of 276.84 feet; thence, 

27

10. North 63°18'45" East, a distance of 124.18 feet; thence, 

28

11. On the arc of a circle curving to the left having a

29

radius of 3,091.87 feet, an arc distance of 193.04 feet

30

and a central angle of 03°34'38" and being subtended by a

- 68 -

 


1

chord which bears North 54°02'13" East, a distance of

2

193.01 feet to the first mentioned point and place of

3

BEGINNING.

4

CONTAINING 13.867 acres, more or less.

5

BEING 3232 Henry Avenue

6

BEING the same premises as described in a Deed of

7

Confirmation by the Commonwealth of Pennsylvania, acting by and

8

through the Department of General Services, an administrative

9

department of the Commonwealth of Pennsylvania, dated October 2,

10

2007 and recorded with the Philadelphia County Department of

11

Records as Document ID# 51796040.

12

(c)  Use.--The Department of General Services shall seek the

13

input of the City of Philadelphia and the affected community on

14

the allowable uses to be incorporated into the solicitation for

15

proposals and shall review any proposals received with the City

16

of Philadelphia and the affected community prior to the

17

selection of a proposal.

18

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

19

subject to all lawful and enforceable easements, servitudes and

20

rights of others, including but not confined to streets,

21

roadways and rights of any telephone, telegraph, water,

22

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

23

subject to any lawful and enforceable estates or tenancies

24

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

25

the land or improvements erected thereon.

26

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

27

section shall be made under and subject to the condition, which

28

shall be contained in the deed of conveyance, that no portion of

29

the property conveyed shall be used as a licensed facility, as

30

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

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1

other similar type of facility authorized under State law. The

2

condition shall be a covenant running with the land and shall be

3

binding upon the Grantee, and its successors. Should the

4

Grantee, or its successors, permit any portion of the property

5

authorized to be conveyed in this section to be used in

6

violation of this subsection, the title shall immediately revert

7

to and revest in the Grantor.

8

 (f)  Deed.--The deed of conveyance shall be by Special

9

Warranty Deed and shall be executed by the Secretary of General

10

Services in the name of the Commonwealth of Pennsylvania.

11

 (g)  Costs and fees.-- The amount of all costs and fees

12

incurred by the Department of General Services in preparing the

13

property for sale shall be deducted from the proceeds of the

14

sale and transferred to the appropriation from which the costs

15

and fees were paid by the Department of General Services. The

16

balance of the proceeds of the sale shall be deposited into the

17

Capital Facilities Fund and used to pay any outstanding

18

Commonwealth general obligation debt for renovations and/or

19

improvements to the Eastern Pennsylvania Psychiatric Institute,

20

or its supporting infrastructure. If there are any funds

21

remaining, the balance shall be deposited into the General Fund.

22

 (h)  Disposition.--In the event that this conveyance is not

23

executed within two years of the effective date of this section,

24

the property may be disposed of in accordance with section 2405-

25

A of the act of April 9, 1929 (P.L. 177, No. 175), known as The

26

Administrative Code of 1929.

27

Section 8 4.  Frenchcreek Township, Venango County.

<--

28

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

29

the approval of the Governor and the Department of Public

30

Welfare, is hereby authorized on behalf of the Commonwealth of

- 70 -

 


1

Pennsylvania to grant and convey to Frenchcreek Township,

2

Venango County, approximately 1.15-acres and improvements

3

thereon, together with a 50' right-of-way, situate in Polk

4

Borough, Venango County, for fair consideration equal to the

5

fair market value as determined by an independent appraisal.

6

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

7

subsection (a) consists of approximately 1.15-acres and

8

improvements, together with a 50’ right of way, known as Pines

9

School and being a part of Polk Center, more particularly

10

described as follows:

11

ALL THAT CERTAIN piece or parcel of land, situate in Polk

12

Borough, Venango County, Pennsylvania, said parcel being bounded

13

and described as follows:

14

COMMENCING AT A POINT, marked by a re-bar and cap on the east

15

right-of-way line of S.R. 3024 and the south right-of-way line

16

of the Pines School Road;

17

Thence North 52° 02' 31" East a distance of 743.13 feet along

18

the south right-of-way line of Pines School Road to a re-bar and

19

cap, said point being the POINT OF BEGINNING;

20

Thence North 52° 02' 31" East a distance of 250.00 feet along

21

the south right-of-way line of Pines School Road to a re-bar and

22

cap;

23

Thence South 37° 57' 29" East a distance of 200.00 feet to a

24

re-bar and cap;

25

Thence South 52° 02' 31" West a distance of 250.00 feet to a

26

re-bar and cap;

27

Thence North 37° 57' 29" West a distance of 200.00 feet to a

28

re-bar and cap, said point being the POINT OF BEGINNING;

29

CONTAINING AN AREA of 50,000 square feet or 1.15-acres;

30

TOGETHER with a right-of-way for ingress and egress over the

- 71 -

 


1

existing Pines School Road which has a 50 foot right-of-way

2

width;

3

BEING DEPICTED on a Plan entitled Minor Subdivision for

4

Commonwealth of Pennsylvania, Department of General Services,

5

prepared by Land and Mapping Services, and dated December 5,

6

2002, revised December 18, 2002.

7

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

8

subject to all lawful and enforceable easements, servitudes and

9

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

10

roadways and rights of any telephone, telegraph, water,

11

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

12

subject to any lawful and enforceable estates or tenancies

13

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

14

the land or improvements erected thereon.

15

(d)  Condition.--Any conveyance authorized under this section

16

shall be made under and subject to the condition, which shall be

17

contained in the deed of conveyance, that no portion of the

18

property conveyed shall be used as a licensed facility, as

19

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

20

other similar type of facility authorized under State law. The

21

condition shall be a covenant running with the land and shall be

22

binding upon the Grantee, its successors and assigns. Should the

23

Grantee, its successors or assigns, permit any portion of the

24

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

25

violation of this subsection, the title shall immediately revert

26

to and revest in the Grantor.

27

(e)  Deed execution.--The deed of conveyance shall be by

28

Special Warranty Deed and shall be executed by the Secretary of

29

General Services in the name of the Commonwealth of

30

Pennsylvania.

- 72 -

 


1

(f)  Costs and fees.--Costs and fees incidental to this

2

conveyance shall be borne by the Grantee.

3

Section 8.1 5.  Release of restrictions in Cumberland County.

<--

4

(a)  Authorization.--Pursuant to the requirements of section

5

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

6

known as the Project 70 Land Acquisition and Borrowing Act, the

7

General Assembly hereby authorizes the release of Project 70

8

restrictions and transfer of the lands owned by the Pennsylvania

9

Game Commission which are more particularly described in

10

subsection (c) and the sale of said lands in accordance with the

11

Project 70 Land Acquisition and Borrowing Act for a transfer of

12

property having an exchange value of not less than $8,000, the

13

sum of which represents a minimum fair market value of the

14

property as determined by an appraisal, in exchange for a plot

15

of 2.191 acres of equal or greater value located in Upper

16

Mifflin Township, Cumberland County, adjacent to SGL 169 and

17

bordered on the opposite side by the Conodoguinet Creek.

18

(b)  Freedom of restrictions.--The lands described in

19

subsection (c) shall be free of restrictions on use and

20

alienation imposed by the Project 70 Land Acquisition and

21

Borrowing Act upon conveyance of said lands by the Pennsylvania

22

Game Commission.

23

(c)  Lands to be released from restrictions.--The parcels of

24

land to be released from Project 70 restrictions are situated in

25

Upper Mifflin Township, Cumberland County, and are more

26

particularly described as follows:

27

All those certain pieces or parcels of land being: in the

28

Upper Mifflin Township, Cumberland County and the Commonwealth

29

of Pennsylvania bounded and described as follows to wit:

30

Parcel One

- 73 -

 


1

BEGINNING at a point on the southern side of the Turnpike

2

mainline which point is 100' right of station 591+50; thence

3

from said point by a line dividing the parcel hereby conveyed

4

from remaining lands of the grantor, South 55º 43' 42" West a

5

distance of 53.85 feet to a point 120' right of station 591+00;

6

thence South 77º 31' 47" West, a distance of 75' to a point 120'

7

right of station 590+25; thence South 29º 48' 12" West, a

8

distance of 148.66' to a point 230' right of station 589+25;

9

thence South 77º 31' 47" West, a distance of 100' to a point

10

230' right of station 588+25; thence North 33º 30' 28" West, a

11

distance of 139.28 feet to a point 100' right of station 587+75

12

and on line of property of the grantee herein; thence along said

13

property of the grantee North 77º 31' 47" East a distance of

14

375' to the point of beginning; containing an area of 0.591

15

acres.

16

Parcel Two

17

BEGINNING at a point on the southern side of the Turnpike

18

mainline which point is 100' right of station 605+65; thence

19

along the legal right of way line for T-388, South 12º 28' 13"

20

East a distance of 110.00 feet to a point 210' right of station

21

605+65; thence by the line for the property hereby conveyed and

22

other property of the grantor, South 77º 31' 47" West, a

23

distance of 35.21 feet to a point 210' right of station 605+30;

24

thence North 45º 57' 24" West, a distance of 77.94 feet to a

25

point 145' right of station 604+87; thence South 77º 31' 47"

26

West, a distance of 87 feet to a point 145' right of station

27

604+00; thence South 16º 35' 03" West, a distance of 51.48 feet

28

to a point 190' right of station 603+75; thence South 77º 31'

29

47" West, a distance of 75 feet to a point 190' right of station

30

603+00; thence North 39º 02' 08" West, a distance of 55.90 feet

- 74 -

 


1

to a point 140' right of station 602+75; thence South 87º 36'

2

37" West, a distance of 228.53 feet to a point 100' right of

3

station 600+50, on the southern right of way line of the

4

Turnpike mainline; thence along said right of way line, North

5

77º 31' 47" East, a distance of 207.32 feet to a point 100'

6

right of station 602+57; thence still along said right of way

7

South 12º 28' 13" East, a distance of 20 feet to a point 120'

8

right of station 602+57; thence continuing along said right of

9

way, North 77º 31' 47", a distance of 300 feet to a point 120

10

feet right of station 605+57; thence along said right of way,

11

North 12º 28' 13" West, a distance of 20 feet to a point 100

12

feet right of station 605+57; thence North 77º 31' 47" East, a

13

distance of 7.89 feet to the point of beginning; containing an

14

area of 0.452 acres.

15

Parcel Three

16

BEGINNING at a point of the intersection of the right of way

17

lines of T-388 and the Turnpike mainline 15 feet right of

18

Township station 20+61; thence along said Turnpike mainline

19

North 77º 31' 47" East, a distance of 101.79 feet to a point 117

20

feet right of Township station 20+60; thence South 24º 13' 47"

21

West, a distance of 67.32 feet to a point 76 feet right of

22

Township Station 20+09; thence along the right of way for Myers

23

Road (T-379) North 85º 17' 01" West, a distance of 64.43 feet to

24

a point at the intersection of the rights of ways of Myers Road

25

(T-379) and Bridgewater Road (T-388) 15 feet right of Township

26

station 20+26; thence along T-388, North 12º 28' 13" West a

27

distance of 34.94 feet to the point of beginning; containing an

28

area of 0.088 acres.

29

Parcel Four

30

BEGINNING at a point in line with the rights of ways of Myers

- 75 -

 


1

Road (T-379) and Bridgewater Road (T-388); thence along the

2

southern right of way of Myers Road, South 85º 17' 01" East, a

3

distance of 39.35 feet to a point 53 feet right of Township

4

station 19+81; thence South 48º 53' 36" West, a distance of

5

42.83 feet to a point on the eastern right of way of T-388 which

6

point is 16' right of Township station 19+60; thence along the

7

right of way of T-388, North 12º 28' 13" West, a distance of

8

32.15 feet to the point of beginning; containing an area of

9

0.014 acres.

10

Parcel Five

11

BEGINNING at a point on the southern right of way line of the

12

Turnpike mainline, which point is 100 feet right of Turnpike

13

station 613+00; thence South 35º 32' 33" West, a distance of

14

134.54 feet to a point 190 feet right of Turnpike station

15

612+00; thence South 55º 43' 42" West, a distance of 107.70 feet

16

to a point 230 feet right of Turnpike station 611+00; thence

17

South 77º 31' 47" West a distance of 90 feet to a point 230 feet

18

right of Turnpike station 610+10; thence North 12º 28' 13" West,

19

a distance of 130 feet to a point on line of mainline right of

20

way 100 feet right of Turnpike station 610+10; thence along said

21

mainline right of way North 77º 31' 47" East, a distance of 290

22

feet to the point of beginning; containing an area of 0.624

23

acres.

24

Parcel Six

25

BEGINNING at a point on line of the southern right of way line

26

of the Turnpike mainline which point is 100' right of Turnpike

27

station 628+00; thence South 12º 28' 13" East, a distance of 60

28

feet to a point 160 feet right of Turnpike station 628+00;

29

thence South 77º 31' 47" West a distance of 75 feet to a point

30

160 feet right of Turnpike station 627+25; thence North 85º 46'

- 76 -

 


1

16" West a distance of 52.20 feet to a point 145 feet right of

2

Turnpike station 629+75; thence North 54º 06' 14" West, a

3

distance of 60.21 feet to a point 100 feet right of Turnpike

4

station 626+35; thence along said mainline right of way North

5

77º 31' 47" East, a distance of 165 feet to the point of

6

beginning; containing an area of 0.184 acres.

7

Parcel Seven

8

BEGINNING at a point on the northern right of way of the

9

Turnpike mainline which point is 100 feet left of Turnpike

10

station 643+75; thence North 38º 52' 11" East a distance of

11

64.03 feet to a point 140 feet left of Turnpike station 644+25;

12

thence North 77º 31' 47" East, a distance of 21.59 feet to a

13

point on line of lands of both the grantor and grantee 140 feet

14

left of Turnpike station 644+47; thence along line of land

15

hereby conveyed and other land of the grantee, South 45º 35' 57"

16

West, a distance of 75.45 feet to a point in line of the

17

northern right of way line of the mainline which point is 100

18

feet left of Turnpike station 643+83; thence along said mainline

19

South 77º 31' 47", a distance of 7.62 feet to a point 100 feet

20

left of Turnpike station 643+83 being the point of beginning;

21

containing an area of 0.013 acres.

22

BEING parts of larger tracts conveyed to The Commonwealth of

23

Pennsylvania for the use of The Pennsylvania Game Commission and

24

known as State Game Lands No. 169 as follows:

25

(1)  Parcels one through six, inclusive, are parts of the

26

tract conveyed by J. Elwood Zinn and V. Jane Zinn, his wife,

27

by deed recorded in Cumberland County Recorder of Deeds

28

Office in Deed Book T, Volume 21, page 964 and

29

(2)  Parcel seven is a part of the tract conveyed by

30

Eldon E. Funk and Margaret W. Funk, his wife, by deed

- 77 -

 


1

recorded in Cumberland County Recorder of Deeds Office in

2

Deed Book E, Volume 22, page 419.

3

Section 8.2 6.  Release of restrictions in York County.

<--

4

(a)  Authorization.--Pursuant to the requirements of section

5

20(b) of the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

6

known as the Project 70 Land Acquisition and Borrowing Act, the

7

General Assembly hereby authorizes the release of the

8

restrictions imposed by section 20 of the Project 70 Land

9

Acquisition and Borrowing Act from the land owned by the City of

10

York, York County, more particularly described under subsection

11

(c), in exchange for the imposition of the section 20

12

restrictions on lands owned by the Housing Authority of the City

13

of York being conveyed to the City of York and more particularly

14

described in subsection (d).

15

(b)  Freedom of restrictions.--The land described in

16

subsection (c), owned by the City of York, shall be free of the

17

restrictions on use and alienation imposed by section 20 of the

18

act of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the

19

Project 70 Land Acquisition and Borrowing Act, upon the

20

imposition of and recording of the Project 70 deed restrictions

21

set forth under subsection (e) on the parcel of replacement land

22

owned by the Housing Authority of the City of York, and being

23

conveyed to the City of York, described under subsection (d).

24

(c)  Land to be free from restrictions.--The parcel of land

25

authorized to be released from restrictions is located in the

26

City of York, York County, and more particularly described as

27

follows:

28

BEGINNING at a point 110 feet south from where the south right-

29

of-way line of West Princess Street intersects with the west

30

right-of-way line of South Newberry Street; THENCE, South 22

- 78 -

 


1

degrees 22 minutes 10 seconds East along the west right-of-way

2

line of South Newberry Street for a distance of 377.80 feet to a

3

point where said line intersects with the north right-of-way

4

line of West College Avenue; THENCE, South 67 degrees 34 minutes

5

00 seconds West along the north right-of-way line of West

6

College Avenue for a distance of 140.00 feet to a point where

7

said line intersects with the east property line of property

8

owned now or formerly by Kenneth R. and Shirley A. Thoman;

9

THENCE, North 22 degrees 22 minutes 10 seconds West along said

10

property line of Kenneth R. and Shirley A. Thoman and projected

11

across a 12 foot wide unnamed public alley for a total distance

12

of 132.05 feet to a point where said line intersects with the

13

North right-of-way line of the aforementioned 12 foot wide

14

unnamed public alley; THENCE, South 67 degrees 41 minutes 00

15

seconds West along the north right-of-way line of said alley for

16

a distance of 200.12 feet to a point where said line intersects

17

with the West right-of-way line of Stone Alley; THENCE, South.

18

22 degrees 23 minutes 00 seconds East along the west right-of-

19

way line of Stone Alley for a distance of 132.44 feet to a point

20

where said line intersects with the north right-of-way line of

21

West College Avenue; THENCE, South 67 degrees 34 minutes 00

22

seconds West along the north right-of-way line of West College

23

Avenue for a distance of 194.32 feet to a point where said line

24

intersects with the east right-of-way line of Brooklyn Alley, a

25

20 foot wide public alley; THENCE, North 21 degrees 44 minutes

26

50 seconds West along the east right-of-way line of Brooklyn

27

Alley for a total distance of 338.35 feet to a point where said

28

line intersects with the South right-of-way line of a 12 foot

29

wide unnamed public alley; THENCE, North 22 degrees 19 minutes

30

00 seconds West across said 12 foot wide unnamed public alley

- 79 -

 


1

for a distance of 12.00 feet to a point where said line

2

intersects the North right-of-way line of aforementioned 12 foot

3

unnamed public alley and the South property line of 364 West

4

Princess Street, owned now or formerly by Oscar W. and Marie M.

5

Hudson; THENCE, South 67 degrees 41 minutes 00 seconds West

6

along the North right-of-way line of aforementioned 12 foot wide

7

unnamed public alley the South property line of 364 West

8

Princess Street for a distance of 8.67 feet to a point where

9

said line intersects with the east right-of-way line of Brooklyn

10

Alley and the west property line of 364 West Princess Street,

11

owned now or formerly by Oscar W. and Marie M. Hudson; THENCE,

12

North 22 degrees 19 minutes 00 seconds West along the east

13

right-of-way line of Brooklyn Alley and the west property line

14

of 364 West Princess Street, owned now or formerly by Oscar W.

15

and Marie M. Hudson, for a distance of. 48.54 feet to a point,

16

said point being 90 feet south of the south right-of-way line of

17

West Princess Street; THENCE, North 67 degrees 41 minutes 00

18

seconds East across 364 West Princess Street, owned now or

19

formerly by Oscar W. and Marie M. Hudson, for a distance of

20

22.76 feet to a point on the east property line of 364 West

21

Princess Street, owned now or formerly by Oscar W. and Marie M.

22

Hudson, and the west property line of 362 West Princess Street,

23

said point being 90 feet south of the south right-of-way line of

24

West Princess Street, THENCE, South 22 degrees 32 minutes 00

25

seconds East along, the east property line of 364 West Princess

26

Street, owned now or formerly by Oscar W. and Marie M. Hudson,

27

for a distance of 20.00 feet to a point on the east property

28

line of 364 West Princess Street, owned now or formerly by Oscar

29

W. and Marie M. Hudson, said point being 110 feet south of the

30

south right-of-way line of West Princess Street; THENCE, North

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1

67 degrees 41 minutes 00 seconds East along a line projected

2

across 362 West Princess Street and 358 West Princess Street for

3

a distance of 44.07 feet to a point where said line intersects

4

with the west property line of 356 West Princess Street, owned

5

now or formerly by the New Bethel A.M.E. Church, said point

6

being 110 feet south of the south right-of-way line of West

7

Princess Street; THENCE, South 21 degrees 49 minutes 40 seconds

8

East along the west property line of 356 West Princess Street,

9

owned now or formerly by the New Bethel A.M.E. Church, for a

10

distance of 28.54 feet to a point where said line intersects

11

with the south property line of 356 West Princess Street, owned

12

now or formerly by the New Bethel A.M.E. Church, and the north

13

right-of-way line of a 12 foot unnamed public alley; THENCE,

14

North 67 degrees 41 minutes 00 seconds East along said south

15

property line of 356 West Princess Street and 350 West Princess

16

Street, owned now or formerly by the New Bethel A.M.E. Church,

17

and the north right-of-way line of the 12 foot unnamed public

18

alley for a distance of 76.96 feet to a point where said line

19

intersects with east property line of 350 West Princess Street,

20

owned now or formerly by the New Bethel A.M.E. Church; THENCE,

21

North 21 degrees 59 minutes 40 seconds West along the east

22

property line of 350 West Princess Street, owned now or formerly

23

by the New Bethel A.M.E. Church, for a distance of 28.54 feet to

24

a point, said point being 110 feet south of the south right-of-

25

way line of West Princess Street; THENCE, North 67 degrees 41

26

minutes 00 seconds East along a line projected 110 feet south of

27

the south right-of-way line of West Princess Street and along

28

and across properties from 346 West Princess Street through 320

29

West Princess Street, across a 9 foot unnamed public alley, and

30

along and across properties from 316 West Princess Street

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1

through 300 West Princess Street for a distance of 395.74 feet

2

to a point in the west right-of-way line of South Newberry

3

Street, said point being the point of BEGINNING.

4

Containing approximately 3.982 acres.

5

A majority of this property shall continue to be protected by

6

conservation easements as set forth under subsection (e) of this

7

act.

8

(d)  Land on which restrictions are to be imposed.--The

9

replacement parcel to be subject to restrictions in exchange for

10

the parcel described under subsection (c) is located in the City

11

of York, York County, and more particularly described as

12

follows:

13

ALL that certain tract of land situate in the Ninth (9th)

14

Ward of the City of York, Pennsylvania, within an area more

15

particularly bounded and described as follows:

16

BEGINNING at a point on the east side of South Penn Street, a

17

fifty and zero hundredths foot (50.00 Ft.) in width street, at

18

lands now or formerly belonging to the Housing Authority of the

19

City of York, said point being two-hundred forty and sixty

20

hundredths feet (240.60 Ft.) southwardly from the southeast

21

corner of the intersection of said South Penn Street and West

22

Church Avenue, a twenty and zero hundredths feet (20.00 Ft.) in

23

width public avenue;

24

THENCE, through property now or formerly belonging to the

25

Housing Authority of the City of York, the following bearings

26

and measurements:

27

1.  On a curve to the left, having a radius of two-hundred

28

seventy-nine and forty-one hundredths feet (279.41 Ft.), an

29

arc length of one-hundred twenty-six and thirty-seven

30

hundredths feet (126.37 Ft.), a chord bearing of North eighty

- 82 -

 


1

degrees, twenty-four minutes, and forty-six seconds East (N

2

80 degrees 24 minutes 41 seconds E), and a chord distance of

3

one-hundred twenty-five and thirty hundredths feet (125.30

4

Ft.) to a point of tangency,

5

2.  North sixty-seven degrees, thirty-three minutes, and ten

6

seconds East (N 67 degrees 33 minutes 10 seconds E), three

7

and ninety-eight hundredths feet (3.98 Ft.) to a point on a

8

curve,

9

3.  On a curve to the left, having a radius of two-hundred

10

twenty- seven and twenty-seven hundredths feet (227.27 Ft.),

11

an arc length of thirty-one and ninety-three hundredths feet

12

(31.93 Ft.), a chord bearing of North sixty-three degrees,

13

twenty minutes, and eleven seconds East (N 63 degrees 20

14

minutes 11 seconds E), and a chord distance of thirty-one and

15

ninety hundredths feet (31.90 Ft.) to a point of tangency

16

4.  North fifty-seven degrees, thirty-four minutes, and ten

17

seconds East (N 57 degrees 34 minutes 10 seconds E), twenty-

18

seven and fifty-eighty hundredths feet (27.58 Ft.) to a

19

point,

20

5.  North forty-seven degrees, ten minutes, and twenty

21

seconds East (N 47 degrees 10 minutes 20 seconds E), sixty-

22

eight and eighty-six hundredths feet (68.86 Ft.) to a point,

23

6.  North thirty-seven degrees, forty-seven minutes, and

24

fifty seconds East (N 37 degrees 47 minutes 50 seconds E),

25

seventeen and eighty-six hundredths feet (17.86 Ft.) to a

26

point,

27

7.  North twenty-six degrees, forty-five minutes, and fifty

28

seconds East (N 26 degrees 45 minutes 50 seconds E), sixty-

29

nine and ninety hundredths feet (69.90 Ft.) to a point,

30

8.  North eighteen degrees, forty-one minutes, and zero

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1

seconds East (N 18 degrees 41 minutes 00 seconds E), eighty-

2

three and seventy-nine hundredths feet (83.79 Ft.) to a

3

point,

4

9.  North sixteen degrees, twenty-seven minutes, and twenty

5

seconds East (N 16 degrees 27 minutes 20 seconds E), thirty-

6

three and sixty-nine hundredths feet (33.69 Ft.) to a point,

7

10.  North eight degrees, nineteen minutes, and zero seconds

8

East (N 08 degrees 19 minutes 00 E), thirty-five and fifty-

9

four hundredths feet (35.54 Ft.) to a point,

10

11.  North seven degrees, six minutes, and zero seconds East

11

(N 07 degrees 06 minutes 00 seconds E), sixty-eight and

12

seventy-two hundredths feet (68.72 Ft.) to a point on the

13

southern side of West Church Avenue;

14

THENCE, along the southern side of West Church Avenue, North

15

sixty-seven degrees, fifty-six minutes, and twenty seconds East

16

(N 67 degrees 56 minutes 20 seconds E), two-hundred and eighty-

17

three hundredths feet (200.83 Ft.) to a point at the top of the

18

left bank (north side) of Codorus Creek;

19

THENCE, running along the top left bank (north side) of

20

Codorus Creek the following courses and distances:

21

1.  South three degrees, fourteen minutes, and ten seconds

22

West (S 03 degrees 14 minutes 10 seconds W), sixty-eight and

23

sixty-four hundredths feet (68.64 Ft) to a point,

24

2.  South seven degrees, six minutes, and zero seconds West

25

(S 07 degrees 06 minutes 00 seconds West), one-hundred and

26

zero hundredths feet (100.00 Ft.) to a point,

27

3.  South eight degrees, nineteen minutes, and zero seconds

28

West (S 08 degrees 19 minutes 00 seconds W), fifty and

29

twenty-six hundredths feet (50.26 Ft.) to a point.

30

4.  South sixteen degrees, twenty-seven minutes, and twenty

- 84 -

 


1

seconds West (S 16 degrees 27 minutes 20 seconds W), fifty

2

and zero hundredths feet (50.00 Ft.) to a point.

3

5.  South eighteen degrees, forty-one minutes, and zero

4

seconds West (S 18 degrees 41 minutes 00 seconds W), one-

5

hundred and zero hundredths feet (100.0 Ft.) to a point,

6

6.  South twenty-six degrees, forty-five minutes, and fifty

7

seconds West (S 26 degrees 45 minutes 50 seconds W), one-

8

hundred and zero hundredths feet (100.00 Ft.) to a point.

9

7.  South thirty-seven degrees, forty-seven minutes, and

10

fifty seconds West (S 37 degrees 47 minutes 50 seconds W),

11

fifty and zero hundredths feet (50.00 Ft.) to a point,

12

8.  South forty-seven degrees, ten minutes, and twenty

13

seconds West (S 47 degrees 10 minutes 20 seconds W), one-

14

hundred and zero hundredths feet (100.00 Ft.) to a point,

15

9.  South fifty-seven degrees, thirty-four, and ten seconds

16

West (S 57 degrees 34 minutes 10 seconds W), fifty and zero

17

hundredths feet (50.00 Ft.) to a point on a curve,

18

10.  On a curve to the right, having a radius of four-hundred

19

seven and twenty-seven hundredths feet (407.27 Ft.), an arc

20

length of fifty-seven and twenty-six hundredths feet (57.26

21

Ft.), a chord bearing of South sixty-three degrees, thirty-

22

one minutes, and thirty seconds West (S 63 degrees 31 minutes

23

30 seconds W), and a chord distance of fifty-seven and twenty

24

hundredths feet (57.20 Ft.) to a point of tangency,

25

11.  South sixty-seven degrees, thirty-three minutes, and ten

26

seconds West (S 67 degrees 33 minutes 30 seconds W), four and

27

forty-four hundredths feet (4.44 Ft.) to a point on a curve,

28

12.  On a curve to the right, having a radius of four-hundred

29

fifty-nine and forty-one hundredths feet (459.41 Ft.), an arc

30

length of one-hundred twenty-five and seventy-one hundredths

- 85 -

 


1

feet (125.71 Ft,), a chord bearing of South seventy-five

2

degrees, twenty-three minutes, and twenty seconds West (S 75

3

degrees 20 seconds W), and a chord distance of one-hundred

4

twenty-five and thirty-two hundredths feet (125.32 Ft.) to a

5

point on the east side of South Penn Street;

6

THENCE, Along the east side of said South Penn Street, North

7

twenty-one degrees, forty-two minutes, and forty seconds West (N

8

21 degrees 42 minutes 40 seconds W), one-hundred ninety and

9

eighty-one hundredths feet (190.81 Ft.) to a point, the place of

10

BEGINNING. Containing:Q 128,176.7679 square feet, or 2.9425

11

acres more or less.

12

(e)  Description of deed restriction.--The deed restriction

13

to be transferred to the parcel described under subsection (d)

14

shall read as follows:

15

This indenture is given to provide land for recreation,

16

conservation and historical purposes as said purposes are

17

defined in the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

18

known as the Project 70 Land Acquisition and Borrowing Act.

19

(f)  Conditions.--Any transfer of Project 70 restrictions

20

authorized under subsection (a) shall be made under and subject

21

to the condition that the housing authority of the City of York,

22

or designee, shall obtain all Federal, State and local approvals

23

and financing commitments necessary to construct a multifamily

24

housing complex on the property described in subsection (c). In

25

the event the housing authority of the City of York does not

26

obtain the necessary approvals by December 31, 2011, the

27

authorization contained in subsection (a) shall become null and

28

void and the restriction described in subsection (e) shall be

29

removed from the land described in subsection (d) and placed on

30

the land described in subsection (c) as existed prior to the

- 86 -

 


1

effective date of this section.

2

Section 9 7.  Conveyance in South Fayette Township, Allegheny

<--

3

County.

4

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

5

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

6

Commonwealth, to grant and convey to Aloe Brothers LLC three

7

tracts of land and improvements situate in South Fayette

8

Township, Allegheny County for $505,505.00 and under terms and

9

conditions to be established in an Agreement of Sale.

10

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

11

pursuant to this section consists of three tracts of land

12

containing 152 acres, more or less, and improvements, being

13

bounded and more particularly described as follows:

14

LOT 1

15

Being all of that certain piece or parcel of land being situate

16

in the Township of South Fayette, Allegheny County, more

17

particularly bound and described as follows:

18

Beginning at an iron pin set at the southern right of way line

19

of Mayview Road, a fifty foot right of way and lands now or

20

formerly of BEE Properties LLC, thence continuing along the

21

southern right of way line of Mayview Road, a fifty foot right

22

of way, the following seven (7) courses and distances:

23

1.  North 82°34'35" East 392.34 feet to a point, thence;

24

2.  North 80°48'25" East 335.96 feet to a point, thence;

25

3.  By a curve to the left with a radius of 1025.00 feet for

26

an arc length of 174.64 feet with a chord bearing North

27

75°55'33" East 174.43 feet to a point, thence;

28

4.  North 71°02'41" East 97.44 feet to a point, thence;

29

5.  By a curve to the left with a radius of 130.00 feet and

30

an arc length of 194.34 feet with a chord bearing North

- 87 -

 


1

28°13'07" East 176.74 feet to a point, thence;

2

6.  North 14°36'27" West 317.99 feet to a point, thence;

3

7.  South 75°23'33" West 8.50 feet to a point where the right

4

of way of Mayview Road changes from 50 to 33 feet,

5

thence, continuing along Mayview Road;

6

8.  North 14°36'27" West 215.17 feet to a point, thence;

7

9.  By a curve to the right with a radius of 898.50 feet and

8

an arc length of 168.21 feet with a chord bearing North

9

09°14'39" West 167.96 feet to a point, thence;

10

10.  North 03°52'52" West 106.37 feet to a point, thence;

11

11.  By a curve to the left with a radius of 542.50 feet with

12

an arc length of 231.86 feet and a chord bearing North

13

16°07'29" West 230.10 feet to a point, thence; 

14

12.  North 28°22'07" West 153.00 feet to a point, thence;

15

13.  By a curve to the left with a radius of 551.50 feet and

16

an arc length of 215.61 feet with a chord bearing North

17

39°34'07" West 214.24 feet to a point, thence;

18

14.  North 50°46'08" West 457.91 feet to a point, thence;

19

15.  By a curve to the right with a radius of 165.58 feet

20

with an arc length of 163.24 with a chord bearing North

21

22°31'44" West 156.71 feet to a point of compound

22

curvature, thence;

23

16.  By a curve to the right with a radius of 277.76 feet and

24

an arc length of 48.96 feet with a chord bearing North

25

10°45'52" East 48.90 feet to a point, thence;

26

17.  North 15°48'52" East 104.43 feet to a point, thence;

27

18.  North 16°47'48" East 76.15 feet to a point on the

28

southern and western right of way lines of lands now or

29

formerly of the Ohio Central Railroad System, thence by

30

lands now or formerly of the Ohio Central Railroad

- 88 -

 


1

System, the following eighteen (18) courses and

2

distances;

3

19.  South 42°54'10" East 289.56 feet to a point, thence;

4

20.  South 40°33'49" East 419.59 feet to a point, thence;

5

21.  South 89°36'43" East 432.07 feet to a point, thence;

6

22.  North 68°47'14" East 101.98 feet to a point, thence;

7

23.  North 80°05'50" East 400.00 feet to a point, thence;

8

24.  North 09°54'10" West 10.00 feet to a point, thence;

9

25.  North 80°05'50" East 270.00 feet to a point, thence;

10

26.  By a curve to the right with a radius of 2303.66 with an

11

arc length of 723.72 feet with a chord bearing North

12

89°05'50" East 720.74 feet to a point of compound

13

curvature, thence;

14

27.  By a curve to the right with a radius of 654.14 with an

15

arc length of 727.75 with a chord bearing South 50°01'52" 

16

East 690.80 feet to a point, thence;

17

28.  South 71°50'27" West 20.00 feet to a point, thence;

18

29.  By a non-tangent curve to the right with a radius 634.14

19

feet with an arc length of 978.29 feet and a chord

20

bearing South 26°02'09" West 884.12 feet to a point,

21

thence;

22

30.  South 72°39'30" West 475.41 feet to a point, thence;

23

31.  South 71°55'20" West 331.44 feet to a point, thence;

24

32.  South 69°40'12" West 438.03 feet to a point, thence;

25

33.  South 53°58'31" West 70.04 feet to a point, thence;

26

34.  By a curve to the left with a radius of 697.63 feet with

27

an arc length of 501.35 feet and a chord bearing South

28

45°50'12" West 490.63 feet to a point, thence;

29

35.  South 31°34'51" West 141.13 feet to a point, thence;

30

36.  South 23°37'50" West 58.04 feet to a point in Chartiers

- 89 -

 


1

Creek along lands now or formerly of the Township of

2

Upper St. Clair, thence continuing along lands now or

3

formerly of the Township of Upper St. Clair, the

4

following four (4) courses and distances;

5

37.  North 89°18'43" West 140.90 feet to a point in Chartiers

6

Creek, thence;

7

38.  North 36°36'46" West 287.54 feet to a point in Chartiers

8

Creek, thence;

9

39.  North 84°36'46" West 310.00 feet to a point in Chartiers

10

Creek, thence;

11

40.  South 57°53'14" West 250.00 feet to a point in Chartiers

12

Creek at lands now or formerly of BEE Properties, LLC,

13

thence continuing along lands of BEE Properties, LLC the

14

following two (2) courses and distances;

15

41.  North 42°37'35" West 78.00 feet to a point, thence;

16

42.  North 68°07'35" West 202.52 feet to the POINT and PLACE

17

of BEGINNING.

18

Subject to a fifty foot (50') easement for use by the Department

19

of Transportation for ingress and egress to their wetland

20

mitigation Sites 1 and 2, as depicted on the "Minor Subdivision

21

of Mayview State Hospital" prepared by L. Robert Kimball &

22

Associates, Inc., project 09-1300-0243.

23

The above described parcel of ground being shown as Lot 1 on a

24

plan entitled "Minor Subdivision of Mayview State Hospital" as

25

prepared by L. Robert Kimball & Associates, Inc., project

26

09-1300-0243. Said parcel contains 3,542,770.36 square feet or

27

81.331 acres of land.

28

LOT 2

29

Being all of that certain piece or parcel of land being situate

30

in the Township of South Fayette, Allegheny County, more

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1

particularly bound and described as follows:

2

Beginning at an existing concrete monument found at lands now or

3

formerly of South Fayette Township and lands now or formerly of

4

Ernest Webb, thence continuing along lands now or formerly of

5

South Fayette Township, the following eight (8) courses and

6

distances:

7

1.  North 31°50'30" East 816.23 to a point, thence;

8

2.  North 19°57'43" West 400.20 to a point, thence;

9

3.  North 55°14'15" East   335.74 to a point, thence;

10

4.  North 47°24'45" West   201.18 to a point, thence;

11

5.  North 29°38'37" West   719.15 to a point, thence;

12

6.  South 70°56'43" West   116.25 to a point, thence;

13

7.  North 17°09'04" West   279.72 to a point, thence;

14

8.  North 64°53'30" East   763.66 to a point on the western

15

right of way line of lands now or formerly of the Ohio

16

Central Railroad System, thence by lands now or formerly

17

of the Ohio Central Railroad System, the following two

18

(2) courses and distances;

19

9.  By a non-tangent curve to the left with a radius 984.93

20

feet with an arc length of 326.32 feet and a chord

21

bearing South 33°24'41" East 324.83 feet to a point,

22

thence;

23

10.  South 42°54'10" East 393.37 to a point on the western

24

right of way line of Mayview Road, of varying width.

25

Thence, continuing along Mayview Road, the following two

26

(2) courses and distances;

27

11.  South 15°48'52" West 126.50 feet to a point, thence;

28

12.  South 74°11'08" East 5.50 feet to a point where the

29

right of way of Mayview Road is 33 feet in width, thence

30

continuing along the right of way of Mayview Road, the

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1

following seventeen (17) courses and distances:

2

13.  South 15°48'52" West 78.25 feet to a point, thence;

3

14.  By a curve to the left with a radius of 310.76 feet with

4

an arc length of 54.78 feet and a chord bearing South

5

10°45'52" West 54.71 feet to a point of compound

6

curvature, thence;

7

15.  By a curve to the left with a radius of 198.58 feet and

8

an arc length of 195.77 feet with a chord bearing South

9

22°31'43" East 187.94 feet to a point, thence;

10

16.  South 50°46'08" East 457.91 feet to a point, thence;

11

17.  By a curve to the right with a radius of 518.50 feet

12

with an arc length of 202.71 feet and a chord bearing

13

South 39°34'07" East 201.42 feet to a point, thence;

14

18.  South 28°22'07" East  153.00 feet to a point, thence;

15

19.  By a curve to the right with a radius of 509.50 feet and

16

an arc length of 217.75 feet with a chord bearing South

17

16°07'29" East 216.10 feet to a point, thence;

18

20.  South 03°52'52" East 106.37 feet to a point, thence;

19

21.  By a curve to the left with a radius of 931.50 feet and

20

an arc length of 174.39 feet with a chord bearing South

21

09°14'39" East 174.13 feet to a point, thence; 

22

22.  South 14°36'27" East 215.17 feet to a point, thence;

23

23.  South 75°23'33" West 8.50 feet to a point where the

24

right of way is fifty feet in width, thence;

25

24.  South 14°36'27" East 317.99 feet to a point, thence;

26

25.  By a curve to the right with a radius of 80.00 feet and

27

an arc length of 119.59 feet with a chord bearing South

28

28°13'07" West 108.76 feet to a point, thence;

29

26.  South 71°02'41" West 97.44 feet to a point, thence;

30

27.  By a curve to the right with a radius of 975.00 feet and

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1

an arc length of 166.12 feet with a chord bearing South

2

75°55'33" West 165.92 feet to a point, thence;

3

28.  South 80°48'25" West 335.19 feet to a point, thence;

4

29.  South 82°34'35" West 480.68 feet to a point at lands now

5

or formerly of BEE Properties, LLC, thence along lands

6

now or formerly of BEE Properties, LLC at first, then

7

Ernest Webb;

8

30.  North 68°07'35" West 741.53 feet to the POINT and PLACE

9

of BEGINNING.

10

The above described parcel of ground being shown as Lot 2 on a

11

plan entitled "Minor Subdivision of Mayview State Hospital" as

12

prepared by L. Robert Kimball & Associates, Inc., project

13

09-1300-0243. Said parcel contains 3,004,864.98 square feet or

14

68.982 acres of land.

15

LOT 3 Residual Tract

16

Being all of that certain piece or parcel of land being situate

17

in the Township of South Fayette, Allegheny County, more

18

particularly bound and described as follows:

19

Beginning at a point on the western right of way line of Mayview

20

Road, a variable width right of way and lands now or formerly of

21

the Township of Upper St. Clair, said point being located within

22

Chartiers Creek, thence continuing along the western right of

23

way line of Mayview Road the following three (3) courses and

24

distances:

25

1.  South 15°48'52" West 76.32 feet to a point, thence;

26

2.  South 22°50'43" East 32.02 feet to a point, thence;

27

3.  South 09°17'41" West 54.55 feet to a point on the

28

northern right of way line of lands now or formerly of

29

the Ohio Central Railroad, thence continuing along lands

30

now or formerly of the Ohio Central Railroad, the

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1

following two (2) courses and distances;

2

4.  North 42°54'10" West 354.80 feet to a point, thence;

3

5.  By a curve to the right with a radius of 924.93 feet and

4

an arc length of 613.17 feet with a chord bearing North

5

23°54'40" West 602.00 feet to a point, thence;

6

6.  North 72°39'04" East 70.32 feet to a point in Chartiers

7

Creek, thence along Chartiers Creek;

8

7.  South 19°18'18" East 494.16 feet to a point, thence;

9

8.  South 41°30'18" East 200.00 feet to a point; thence;

10

9.  South 67°21'18" East 151.36 feet to the POINT and PLACE

11

of BEGINNING.

12

The above described parcel of ground being shown as Lot 3

13

Residual Tract on a plan entitled "Minor Subdivision of Mayview

14

State Hospital" as prepared by L. Robert Kimball & Associates,

15

Inc., project 09-1300-0243. Said parcel contains 73,671.25

16

square feet or 1.691 acres of land.

17

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

18

subject to all lawful and enforceable easements, servitudes and

19

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

20

roadways and rights of any telephone, telegraph, water,

21

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

22

subject to any lawful and enforceable estates or tenancies

23

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

24

the land or improvements erected thereon.

25

(d)  Restricted use.--The conveyance shall be made under and

26

subject to the condition, which must be contained in the deed of

27

conveyance, that no portion of the property conveyed shall be

28

used as a licensed facility, as defined in 4 Pa.C.S. § 1103

29

(relating to definitions), or any other similar type of facility

30

authorized under State law. The condition shall be a covenant

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1

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

2

successors and assigns. Should the Grantee, its successors or

3

assigns, permit any portion of the property authorized to be

4

conveyed in this act to be used in violation of this subsection,

5

the title shall immediately revert to and revest in the Grantor.

6

(e)  Deed.--The deed of conveyance shall be by Special

7

Warranty Deed and shall be executed by the Secretary of General

8

Services in the name of the Commonwealth.

9

(f)  Costs and fees.--Costs and fees incidental to this

10

conveyance shall be borne by the Grantee.

11

(g)  Deposit of proceeds.--The amount of all costs and fees

12

incurred by the Department of General Services in preparing the

13

property for sale shall be deducted from proceeds of the sale

14

and transferred to the appropriation from which the costs and

15

fees were paid by the Department of General Services. The

16

balance of the proceeds of the sale shall be deposited in the

17

Capital Facilities Fund and used to pay any outstanding

18

Commonwealth General Obligation Debt for renovations to Mayview

19

State Hospital, or its supporting infrastructure.

20

(h)  Alternative disposition.--In the event that an agreement

21

of sale between the parties is not executed within 12 months of

22

the effective date of this Act, the property may be disposed of

23

in accordance with Article 2405-A of the Act of April 9, 1929

24

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

25

Section  10.  Local laws.

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26

The conveyances authorized in sections 3 and 4 are between

27

agencies of the Commonwealth. No local land use controls or

28

subdivision regulations, including, but not limited to, zoning

29

and subdivision ordinances, shall apply to the conveyances in

30

sections 3 and 4.

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1

Section  11.  Notice of funding.

2

The source of all or a portion of the funds being utilized by

3

the Pennsylvania Game Commission to purchase the property in

4

section 4 is a grant from the Fish and Wildlife Service. The

5

Department of General Services is hereby authorized, if required

6

by any grant agreement between the Pennsylvania Game Commission

7

and the Fish and Wildlife Service, to place notice of said

8

funding source and any Federal requirements within its

9

conveyance documents.

10

Section 12.  Easements.

11

To effectuate this act, the Department of General Services is

12

hereby authorized, on behalf of the Commonwealth, to reserve or

13

grant any such easements on the property, known as the State

14

Correctional Institution at Rockview, as the Secretary of

15

General Services shall determine are appropriate or desirable,

16

including, without limitation, for access and utility service.

17

Section 13.  Minor modifications to legal descriptions.

18

The Department of General Services is authorized to make

19

minor modifications to the legal descriptions contained in this

20

act, within its conveyance documents, based on a final land

21

survey plan to be prepared by Sweetland Engineering &

22

Associates, Inc. under an agreement with the Department of

23

General Services.

24

Section 14.  Costs, fees and deposit of proceeds.

25

The amount of all costs and fees incurred by the Department

26

of General Services in preparing the property contained in this

27

act for sale shall be deducted from proceeds of the sale and

28

transferred to the appropriation from which the costs and fees

29

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

30

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

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1

Section 8.  Conveyance in White Township, Indiana County.

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2

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

3

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

4

the Commonwealth of Pennsylvania to grant and convey to Indiana

5

University of Pennsylvania certain lands, and any improvements

6

thereon, situate in White Township, Indiana County for $600,000.

7

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

8

subsection (a) consists of approximately 3.35-acres, and any

9

improvements thereon, bounded and more particularly described as

10

follows:

11

Being all of that certain piece or parcel of ground situate in

12

White Township, Indiana County, PA more particularly bound and

13

described as follows:

14

Beginning at a point along the western right of way line of

15

Wayne Avenue, a.k.a. State Route 4005 a variable width right of

16

way and the northeastern corner of the parent parcel, thence

17

continuing along Wayne Avenue; South 35°37'37" West 618.58 feet

18

to a point, thence along the southern line of Pratt Drive, a

19

private right of way; North 54°09'45" West 118.15 feet to the

20

True Point of Beginning.

21

Thence, by eight (8) new lines through lands of which this was

22

originally a part, the following courses and distances:

23

1.  South 69°20'00" West   454.00 feet to a point, thence;

24

2.  South 65°05'00" West   120.00 feet to a point, thence;

25

3.  South 32°20'00" West   105.00 feet to a point, thence;

26

4.  North 33°46'00" West   312.00 feet to a point, thence;

27

5.  South 87°24'00" East   85.00 feet to a point, thence;

28

6.  North 02°36'00" East   35.00 feet to a point, thence;

29

7.  South 87°24'006" East   190.00 feet to a point, thence;

30

8.  North 34°30'00" East   299.45 feet to a point, thence,

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1

along Pratt Drive;

2

9.  South 54°09'45" East   391.36 feet to the Point and Place

3

of Beginning.

4

Containing 146,138 square feet or 3.35-acres, more or less.

5

Being a portion of the property conveyed to the Commonwealth of

6

Pennsylvania, acting by and through its Department of General

7

Services, by Kovalchick Salvage Company by its deed, dated

8

January 8, 2007 and recorded in the Indiana County Recorder of

9

Deeds Office at Deed Book Volume 1647, Page 625.

10

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

11

subject to all lawful and enforceable easements, servitudes and

12

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

13

roadways and rights of any telephone, telegraph, water,

14

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

15

subject to any lawful and enforceable estates or tenancies

16

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

17

the land or improvements erected thereon.

18

(d)  Condition.--Any conveyance authorized under this section

19

shall be made under and subject to the condition, which shall be

20

contained in the deed of conveyance, that no portion of the

21

property conveyed shall be used as a licensed facility, as

22

defined in 4 Pa.C.S. § 1103 (relating to definitions), or any

23

other similar type of facility authorized under State law. The

24

condition shall be a covenant running with the land and shall be

25

binding upon the Grantee, its successors and assigns. Should the

26

Grantee, its successors or assigns, permit any portion of the

27

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

28

violation of this subsection, the title shall immediately revert

29

to and revest in the Grantor.

30

(e)  Deed.--The deed of conveyance shall be by Special

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1

Warranty Deed and shall be executed by the Secretary of General

2

Services in the name of the Commonwealth of Pennsylvania.

3

(f)  Costs and fees.--Costs and fees incidental to this

4

conveyance shall be borne by the Grantee.

5

(g)  Modification of property lines.--The Department of

6

General Services is authorized to make minor modifications to

7

the property lines in order to obtain final subdivision approval

8

from all applicable local governmental bodies.

9

(h)  Additional easements.--The Department of General

10

Services is authorized to grant or reserve any utility and/or

11

ingress and egress easements on the subject lands and/or residue

12

lands of the Commonwealth of Pennsylvania at Indiana University

13

of Pennsylvania as the department deems necessary.

14

(i)  Deposit.--The amount received by the Department of

15

General Services from Indiana University of Pennsylvania under

16

subsection (a) shall be deposited into the Capital Debt Fund and

17

shall be applied to outstanding debt associated with Project No.

18

DGS 407-66, The Construction of a Convocation and Events Center,

19

Indiana University of Pennsylvania, as authorized by Act 35 of

20

1999.

21

(j)  Alternate disposition.--In the event that this

22

conveyance is not executed within 12 months of the effective

23

date of this section, the authority contained herein shall

24

expire.

25

Section 9.  Conveyance to Frackville Area Municipal Authority in

26

Ryan Township, Schuylkill County.

27

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

28

the approval of the Department of Corrections and the Governor,

29

is hereby authorized on behalf of the Commonwealth of

30

Pennsylvania to dedicate, grant and convey to the Frackville

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1

Area Municipality Authority, a waste water system, consisting of

2

approximately 2,500 linear feet of sewer line, head works, wet

3

well, control buildings, chemical feed system, duplex pump

4

station, approximately 400 linear feet of force main, and

5

appurtenances, together with such easements as may be necessary

6

for purposes of the operation, maintenance, repair and

7

replacement of the waste water system and appurtenances, over

8

through and in certain property constituting a portion of the

9

grounds of the State Correctional Institute - Frackville,

10

outside the security fence, for $1.00 and under terms and

11

conditions to be established by the parties.

12

(b)  Easement.--Pursuant to subsection (a), the Department of

13

General Services is authorized to grant to the Frackville Area

14

Municipal Authority a permanent easement for access to,

15

operation, maintenance and repair of, the waste water system,

16

over, through and in the real property constituting a part of

17

the grounds of the State Correctional Institution - Frackville,

18

outside the security fence, being a portion of the real property

19

acquired by the Commonwealth of Pennsylvania pursuant to a deed

20

recorded at the Office of the Recorder of Deeds of Schuylkill

21

County at Deed Book 1336, Page 128. The easement shall be more

22

particularly identified upon agreement of the parties and

23

preparation of a survey by a Pennsylvania licensed surveyor.

24

(c)  Subject to rights of others.--The conveyance shall be

25

made under and subject to all lawful and enforceable easements,

26

servitudes and rights of others, including, but not confined to,

27

streets, roadways and rights of any telephone, telegraph, water,

28

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

29

subject to all lawful and enforceable estates or tenancies

30

vested in third persons, whether or not appearing of record, for

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1

any portion of the land or improvement erected thereon.

2

(d)  Execution.--The deed or other conveyance document

3

executed pursuant to this section shall be executed by the

4

Secretary of General Services in the name of the Commonwealth of

5

Pennsylvania.

6

(e)  Repair.--The deed or other conveyance document executed

7

pursuant to this section shall contain a covenant requiring the

8

Frackville Area Municipal Authority to repair, to the

9

satisfaction of the Commonwealth, any damage to the easement

10

area caused by the Frackville Area Municipal Authority's

11

operation, maintenance, repair or replacement of the water

12

system and appurtenances.

13

(f)  Costs, fees and expenses.--All costs, fees and expenses

14

incidental to the conveyances authorized under subsection (a),

15

including, but not limited to, surveying costs and any costs

16

resulting from alterations to the waste water system made

17

necessary as a result of this conveyance, shall be borne by the

18

Frackville Area Municipal Authority or Schuylkill County. The

19

Commonwealth shall not bear any costs, fees or expenses

20

associated with this conveyance.

21

(g)  Nonconveyance.--In the event that the conveyance is not

22

executed within two years of the effective date of this section,

23

the authority contained in this section shall expire.

24

Section 15 10.  Effective date.

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25

This act shall take effect immediately.

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