Section 5. Conveyance 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 grant and convey the following tract of land together with any improvements thereon, being a portion of the lands of SCI-Rockview, situate in Benner Township, Centre County, to the Centre County Industrial Development Corporation for $1,560,000, under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed under subsection (a) consists of the following:
ALL that certain part or parcel of land situate, lying and being in the Township of Benner, County of Centre, and Commonwealth of Pennsylvania, as more fully provided and shown on that certain plan entitled, "Four lot subdivision of lands of the Commonwealth of Pennsylvania for the Centre County Correctional Facility," prepared by Sweetland Engineering & Associates, Inc., and dated February 8, 2003, to wit:
BEGINNING at a point which is located in the right of way of State Route 150, Benner Pike, and a point common with lands now or formerly of the Centre County Correctional Facility; thence along State Route 150, Benner Pike, a 150 foot wide right of way, the following two courses and distances: 1) along a curve to the left, having a radius 6965.55 feet, a central angle of 1° 31' 44", a chord bearing and distance of North 14° 22' 02" West, 185.86 feet, and an arch length of 185.86 feet; and 2) North 15° 07' 54" West, 348.86 feet to a point, being the northwesterly most corner of the within lot, which is common with lands now or formerly of GM McCrossin, Inc. (Deed Book 350, Page 919); thence along lands now or formerly of GM McCrossin, Inc., North 46° 49' 50" East, 589.45 feet to a point, being the northeasterly most corner of the within lot and a common corner with lands now or formerly of GM McCrossin, Inc. and now or formerly of Gerald E. Rogers, et. ux. (Deed Book 753, Page 884); thence along lands now or formerly of Gerald E. Rogers, et. ux., South 47° 10' 10" East, 1,006.15 feet to a point, being the southeasterly most corner of the within lot and a common corner with lands now or formerly of Gerald E. Rogers et. ux. and lasts now or formerly of Centre County Government, specifically the Centre County Correctional Facility; thence along lands now or formerly of the Centre County Correctional Facility and Lot 1 of the hereinafter identified subdivision, South 77° 05' 54" West, 1,057.29 feet to a point and place of BEGINNING, being the southwesterly most corner of the within lot and a point in common with the line of State Route 150, Benner Pike.
CONTAINING 13.26-acres.
BEING identified as Lot No. 2 on a plan entitled, "4 Lot Subdivision of Lands of the Commonwealth of Pennsylvania for the Centre County Correctional Facility," prepared by Sweetland Engineering & Associates, Inc., and dated February 8, 2003, last revised March 31, 2003, recorded June 5, 2003, in Centre County Plat Book Volume 68, Pages 126-127.
BEING a portion of the same premises which became vested in the Commonwealth of Pennsylvania by deed of S. H. Hoy, et. ux., dated December 2, 1929, and recorded in Centre County Deed Book 142, Page 39.
ALSO BEING Centre County Tax Parcel Identifier Number 12-03-213.
(c) Existing encumbrances.--The conveyance shall be made under and subject to all lawful and enforceable easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies, as well as under and subject to any lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.
(d) Gaming restriction.--The conveyance authorized under this section shall be made under and subject to the condition, which shall be contained in the deed of conveyance, that no portion of the property conveyed shall be used as a licensed facility, as defined in 4 Pa.C.S. § 1103 (relating to definitions), or any other similar type of facility authorized under State law. The condition shall be a covenant running with the land and shall be binding upon the grantee, its successors and assigns. Should the grantee, its successors or assigns permit any portion of the property authorized to be conveyed in this section to be used in violation of this subsection, the title shall immediately revert to and revest in the grantor.
(e) Easements.--The Department of General Services may reserve any easements in, over and across the lands to be conveyed as it deems necessary, convenient or appropriate for the continued operation of SCI-Rockview and/or SCI-Benner.
(f) Deed.--The conveyance shall be made by special warranty deed to be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(g) Alternate disposition.--In the event that the conveyance authorized under subsection (a) is not completed within two years of the effective date of this subsection, the authority to convey the property as set forth in this section shall expire and the property may be disposed of in accordance with section 2405-A of the act of April 9, 1929 (P.L.177, No.175), known as the Administrative Code of 1929.
(h) Proceeds.--The proceeds from the sale shall be deposited into the General Fund.