Section 13. Partial removal and release of restrictive use covenants in Benner Township, Centre County.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to partially remove and release the restrictive covenants as to sole use for passive recreational open space, but not as to that portion of the restrictive covenants relating to the benefit of the public at large, and to remove and release the restrictive covenant as to the conveyance and recordation of a perpetual conservation easement, under terms, conditions and for consideration acceptable to the Department of General Services, imposed on certain real property in Benner Township, Centre County, conveyed to Benner Township by the Department of General Services pursuant to the authority contained in section 2(d) of the act of July 9, 2010 (P.L.401, No.55), entitled "An act authorizing the Department of General Services, with the approval of the Governor, to grant and convey to The Pennsylvania State University, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Benner Township, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Fish and Boat Commission, certain lands situate in Benner Township, Centre County; and authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Game Commission, certain lands situate in Benner Township, Centre County," upon the terms and conditions and for consideration acceptable to the Department of General Services.
(b) Property description.--The restrictions to be partially removed and released pursuant to subsection (a) are on two tracts of land totaling approximately 5.0000 acres and 13.6033 acres, respectively, of land, gross area, more particularly described as follows:
PARCEL BENNER A
ALL THAT CERTAIN PARCEL or tract of land in Benner Township, Centre County, Pennsylvania identified as "PARCEL BENNER A" on plans prepared by Sweetland Engineering and Associates, Inc., more fully bounded and described as follows:
Beginning at a point in the centerline of Rock Road, Benner Township Road T-376, at the common southwestern corner of "Parcel PGC A" and the northwestern corner of the herein described parcel, said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 249820.5919 and Easting 1947763.3680;
Thence along "Parcel Benner A" the following three (3) courses:
1. N 24-17-11 E a distance of 16.50 feet to a point; Thence
2. N 17-58-42 E a distance of 342.76 feet to a point; Thence
3. S 68-49-38 E a distance of 572.82 feet to a point;
Thence along "Parcel DGS\DOC A" S 17-44-53 W a distance of 420.75 feet to a point;
Thence along the centerline of Rock Road the following two (2) courses:
1. N 57-27-33 W a distance of 206.98 feet to a point; Thence
2. N 65-42-49 W a distance of 377.40 feet to the point of beginning.
Containing 217,799 square feet or 5.0000 acres of land, gross area, be the same more or less.
PARCEL BENNER D
Beginning at a point in the northern right-of-way line of SR0150, the Benner Pike, a variable width right-of-way at the intersection with the northeastern line of Prison Road "D", said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 255155.4238 and Easting 1960011.9833;
Thence along Prison Road "D" the following four (4) courses:
1. N 74-54-54 W a distance of 97.10 feet to a point; Thence
2. along a curve to the left having a radius of 555.00, central angle of 32° 40' 16", chord bearing and distance of S 88-44-58 W a distance of 312.20 feet, an arc distance of 316.47 feet to a point; Thence
3. S 72-24-50 W a distance of 316.85 feet to a point; Thence
4. S 78-33-51 W a distance of 236.71 feet to a point;
Thence along the southern right-of-way line of SR6026, Section C03 the following four (4) courses:
1. N 41-04-29 E a distance of 77.10 feet to a point; Thence
2. N 36-07-17 E a distance of 700.65 feet to a point; Thence
3. along a curve to the right having a radius of 2759.79, central angle of 14° 31' 53", chord bearing and distance of N 43-23-13 E a distance of 698.06 feet, an arc distance of 699.94 feet to a point; Thence
4. along a curve to the right having a radius of 255.00, central angle of 41° 33' 59", chord bearing and distance of N 71-26-09 E a distance of 180.96 feet, an arc distance of 184.99 feet to a point;
Thence along the northern right-of-way line of SR0150, the Benner Pike, the following five (5) courses:
1. S 25-13-03 E a distance of 123.39 feet to a point; Thence
2. S 15-05-06 W a distance of 294.87 feet to a point; Thence
3. S 12-13-21 W a distance of 200.25 feet to a point; Thence
4. S 15-05-06 W a distance of 453.78 feet to a point; Thence
5. S 15-52-44 E a distance of 35.97 feet to the point of beginning.
Containing 592,560 square feet or 13.6033 acres of land, gross area, be the same more or less.
(c) Form of partial removal and release.--Any legal instruments necessary to partially remove and release the restrictive use covenants shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania, provided that the portion of the restrictive use covenants relating to the benefit of the public at large may not be removed and released in such instruments.
(d) Costs.--Any costs and fees incidental to the partial removal and release of the restrictive use covenants shall be borne by the grantee.
(e) Proceeds.--Any proceeds received by the Department of General Services for the partial removal and release of the restrictive use covenants shall be deposited into the General Fund.