Section 1. Conveyance to The Pennsylvania State University in
Benner Township, Centre County, Pennsylvania.
(a) Authorization.--The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to The Pennsylvania State University certain land and improvements situate in Benner Township, Centre County, for $407,570 and under terms and conditions to be established in an agreement of sale.
(b) Description.--The property to be conveyed pursuant to subsection (a) consists of three parcels totaling 451.8505 acres and improvements thereon bounded and more particularly described as follows:
PARCEL PSU A Beginning at a point in the northern right-of-way line for limited access of SR6026, Section C03 at the common southwestern corner of "Parcel Benner B", said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 248832.3303 and Easting 1951111.9239; Thence along the northern right-of-way line for limited access of SR6026, Section C03 the following nine (9) courses:
1. S 80-25-53 W a distance of 44.81 feet to a point; Thence
2. S 09-59-00 E a distance of 392.39 feet to a point; Thence
3. S 12-29-48 E a distance of 120.79 feet to a point; Thence
4. S 09-14-07 E a distance of 342.03 feet to a point; Thence
5. S 17-53-41 E a distance of 116.55 feet to a point; Thence
6. S 61-44-18 W a distance of 786.25 feet to a point; Thence
7. S 60-51-43 W a distance of 550.97 feet to a point; Thence
8. S 66-00-49 W a distance of 415.98 feet to a point; Thence
9. along a curve to the right having a radius of 2670.79, central angle of 03 degrees 36' 12", chord bearing and distance of S 68-18-02 W a distance of 167.93 feet, an arc distance of 167.97 feet to a point; Thence along lands now or formerly of the University Area Joint Authority N 39-24-26 W a distance of 105.63 feet to a point; Thence along lands now or formerly of Betty H. Delafield the following two (2) courses:
1. N 51-04-20 E a distance of 1057.37 feet to a point; Thence
2. N 38-46-35 W a distance of 1304.38 feet to a point; Thence along "Parcel PGC B" the following (2) courses:
1. N 66-39-59 E a distance of 1233.16 feet to a point; Thence
2. N 80-24-34 E a distance of 421.46 feet to a point; Thence along "Parcel Benner B" S 09-35-26 E a distance of 496.39 feet to the point of beginning. Containing 2,159,073 square feet or 49.5655 acres of land, gross area, be the same more or less.
PARCEL PSU B Beginning at a point in the northern right-of-way line of SR6026 Section C03 at the common southern corner of "Parcel PGC C" and the southeastern 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 252516.7408 Easting 1956711.7022; Thence along the northern right-of-way line of SR6026 Section C03 the following fourteen (14) courses:
1. S 60-20-57 W a distance of 219.32 feet to a point; Thence
2. S 37-12-08 W a distance of 573.89 feet to a point; Thence
3. S 11-11-54 W a distance of 336.11 feet to a point; Thence
4. along a curve to the right having a radius of 7469.44, central angle of 05 degrees 13' 30", chord bearing and distance of S 45-18-46 W a distance of 680.92 feet, an arc distance of 681.16 feet to a point; Thence
5. S 47-56-16 W a distance of 3.26 feet to a point; Thence
6. S 47-56-16 W a distance of 385.01 feet to a point; Thence
7. S 45-16-56 W a distance of 408.54 feet to a point; Thence
8. S 50-54-04 W a distance of 700.00 feet to a point; Thence
9. S 89-33-39 W a distance of 256.12 feet to a point; Thence
10. S 53-45-48 W a distance of 400.50 feet to a point; Thence
11. S 48-59-31 W a distance of 600.33 feet to a point; Thence
12. S 60-40-07 W a distance of 359.56 feet to a point; Thence
13. S 17-28-34 W a distance of 299.54 feet to a point;
14. S 64-43-13 W a distance of 154.94 feet to a point; Thence along "Parcel PGC C" the following fifteen (15) courses:
1. N 21-32-16 W a distance of 1900.70 feet to a point; Thence
2. N 56-46-15 E a distance of 16.95 feet to a point; Thence
3. N 88-14-59 E a distance of 118.07 feet to a point; Thence
4. N 73-19-05 E a distance of 152.99 feet to a point; Thence
5. N 71-00-34 E a distance of 191.00 feet to a point; Thence
6. N 18-59-26 W a distance of 148.64 feet to a point; Thence
7. N 39-46-23 E a distance of 856.72 feet to a point; Thence
8. N 58-37-42 E a distance of 391.11 feet to a point; Thence
9. N 36-50-33 E a distance of 467.02 feet to a point; Thence
10. N 40-51-08 W a distance of 393.70 feet to a point; Thence
11. N 24-18-10 E a distance of 302.73 feet to a point; Thence
12. N 64-36-24 E a distance of 1678.24 feet to a point; Thence
13. N 83-40-05 E a distance of 488.71 feet to a point; Thence
14. N 63-00-59 E a distance of 200.82 feet to a point; Thence
15. S 36-08-01 E a distance of 1464.52 feet to the point of beginning. Containing 9,714,928 square feet or 223.0241 acres of land, gross area, be the same more or less.
PARCEL PSU C Beginning at a point in the western right-of-way line of Paradise Road, SR3004, at the southeastern corner of lands now or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, said point having coordinates referenced to the Pennsylvania State Plane Coordinate System North Zone, North American Datum of 1983 of Northing 259837.0514 and Easting 1959686.5940; Thence along the western right-of-way line of Paradise Road, SR3004 S 19-28-14 E a distance of 313.43 feet to a point; Thence along lands now or formerly of the Counties of Centre, Clearfield, Clinton, Huntingdon and Mifflin, Centre County Deed Book 397, Page 516 the following three (3) courses:
1. S 34-06-51 W a distance of 504.08 feet to a point; Thence
2. S 55-53-09 E a distance of 430.00 feet to a point; Thence
3. N 34-06-51 E a distance of 382.81 feet to a point; Thence along the western right-of-way line of Paradise Road, SR3004 the following two (2) courses:
1. along a curve to the left having a radius of 616.50, central angle of 11 degrees 55' 06", chord bearing and distance of S 67-20-05 E a distance of 128.01 feet, an arc distance of 128.24 feet to a point; Thence
2. S 73-17-38 E a distance of 42.17 feet to a point; Thence along "Parcel DGS\DOC D" the following two (2) courses:
1. S 16-43-28 W a distance of 228.70 feet to a point; Thence
2. S 71-03-30 E a distance of 369.77 feet to a point; Thence along the northern right-of-way line of SR6026, Section C03 the following fourteen (14) courses:
1. S 05-39-50 E a distance of 50.32 feet to a point; Thence
2. S 00-47-09 W a distance of 507.02 feet to a point; Thence
3. along a curve to the right having a radius of 270.00, central angle of 67 degrees 23' 15", chord bearing and distance of S 36-52-23 W a distance of 299.57 feet, an arc distance of 317.55 feet to a point; Thence
4. S 67-22-10 W a distance of 358.58 feet to a point; Thence
5. along a curve to the left having a radius of 650.00, central angle of 42 degrees 31' 14", chord bearing and distance of S 49-18-23 W a distance of 471.39 feet, an arc distance of 482.38 feet to a point; Thence
6. along a curve to the left having a radius of 470.00, central angle of 16 degrees 01' 08", chord bearing and distance of S 20-02-12 W a distance of 130.98 feet, an arc distance of 131.40 feet to a point; Thence
7. S 04-04-16 W a distance of 273.46 feet to a point; Thence
8. S 20-02-53 E a distance of 366.54 feet to a point; Thence
9. along a curve to the right having a radius of 390.00, central angle of 52 degrees 37' 50", chord bearing and distance of S 06-16-02 W a distance of 345.78 feet, an arc distance of 358.24 feet to a point; Thence
10. S 32-52-49 W a distance of 425.25 feet to a point; Thence
11. S 35-30-08 W a distance of 818.56 feet to a point; Thence
12. S 36-41-39 W a distance of 400.02 feet to a point; Thence
13. S 77-39-11 W a distance of 467.55 feet to a point; Thence
14. N 58-38-32 W a distance of 120.42 feet to a point; Thence along "Parcel PGC D" the following eight (8) courses:
1. N 59-41-39 W a distance of 130.00 feet to a point; Thence
2. along a curve to the right having a radius of 175.00, central angle of 16 degrees 58' 41", chord bearing and distance of N 49-47-02 W a distance of 51.67 feet, an arc distance of 51.86 feet to a point; Thence
3. N 41-17-42 W a distance of 127.37 feet to a point; Thence
4. S 48-42-18 W a distance of 50.00 feet to a point; Thence
5. N 46-26-49 W a distance of 1021.22 feet to a point; Thence
6. N 11-30-56 E a distance of 278.82 feet to a point; Thence
7. N 31-09-05 E a distance of 2231.65 feet to a point; Thence
8. N 54-04-45 W a distance of 245.93 feet to a point; Thence along "Parcel PFBC D" the following five (5) courses:
1. N 09-11-53 E a distance of 397.70 feet to a point; Thence
2. N 11-25-08 E a distance of 143.11 feet to a point; Thence
3. N 10-47-15 E a distance of 163.47 feet to a point; Thence
4. N 15-32-46 W a distance of 176.33 feet to a point; Thence
5. N 32-17-55 W a distance of 263.05 feet to a point; Thence along lands now or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, and concluding along lands now or formerly of Jerry L. Ross & Paula J. Ross S 59-41-55 E a distance of 1054.94 feet to a point; Thence continuing along lands now or formerly of Jerry L. Ross & Paula J. Ross and concluding along lands now or formerly of Harry J. Foulkrod & Sandra B. Foulkrod, N 33-59-02 E a distance of 1204.75 feet to the point of beginning. Containing 7,808,606 square feet or 179.2609 acres of land, gross area, be the same more or less.
(c) Easements.--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) Land use restriction.--
(1) The deed of conveyance shall contain the following
restrictive covenant:
Under and subject to a condition that the land conveyed
herein shall be used solely for agricultural purposes in
the furtherance of the grantee's mission of education
related to agricultural sciences. Should the grantee
attempt to convey the property or any portion thereof
(other than exchanges for parcels known as interiors or
indentures which may be conveyed among the parties to
solidify contiguous management parcels and promote
overall management goals and objectives of the parties
involved), or utilize it for any other purpose, the
property shall immediately revert to the grantor.
(2) The conveyance shall be made under and subject to a
restrictive covenant that the grantee shall convey and record
a perpetual conservation easement to the Clearwater
Conservancy and the Department of Conservation and Natural
Resources as coholders as that term is defined in the act of
June 22, 2001 (P.L.390, No.29), known as the Conservation and
Preservation Easements Act, their successors and assigns,
that the grantee shall negotiate with the Clearwater
Conservancy and the Department of Conservation and Natural
Resources and the perpetual conservation easement shall be in
furtherance of the following conservation goals: to preserve
the property's unique natural resources, including the
biological resources, native species and their supporting
habitats which include native species that are uncommon in
this Commonwealth; and to preserve the integrity of Spring
Creek, currently designated as a high-quality cold water
fishery which requires the protection of the property's
groundwater recharge value and its springs, wetlands and
floodplains, consistent with and guided by the Master Site
Development Plan and Environmental Assessment, accepted by
the Department of Conservation and Natural Resources and
adopted by Benner Township. The covenant shall provide that
in the event the perpetual conservation easement is not so
conveyed and recorded within two years of the effective date
of the conveyance under subsection (a), then the property
shall immediately revert to the Commonwealth of Pennsylvania.
(e) Gaming facility restriction.--Any 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.
(f) Execution.--The deed of conveyance shall be by special warranty deed and shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.
(g) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(h) Nonconveyance.--In the event that this conveyance is not executed within two years of the effective date of this section, the authority contained in this section shall expire.