Section 2. Conveyance to Benner Township 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 Benner Township certain land and improvements situate in Benner Township, Centre County for $1 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 four parcels totaling 24.8813 acres and improvements thereon bounded and 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 B 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 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 248840.6417 and Easting 1951161.2283; Thence along the northern right-of-way line for limited access of SR6026, Section C03 S 80-25-53 W a distance of 50.00 feet to a point; Thence along "Parcel PSU A" N 09-35-26 W a distance of 682.71 feet to a point; Thence along "Parcel PGC B" the following nine (9) courses:
1. along a curve to the right having a radius of 450.00, central angle of 73 degrees 06' 40", chord bearing and distance of N 26-57-54 E a distance of 536.04 feet, an arc distance of 574.21 feet to a point; Thence
2. N 63-31-14 E a distance of 321.97 feet to a point; Thence
3. along a curve to the left having a radius of 275.00, central angle of 26 degrees 32' 18", chord bearing and distance of N 50-15-05 E a distance of 126.24 feet, an arc distance of 127.37 feet to a point; Thence
4. along a curve to the left having a radius of 325.00, central angle of 57 degrees 06' 25", chord bearing and distance of N 08-25-44 E a distance of 310.69 feet, an arc distance of 323.93 feet to a point; Thence
5. N 20-07-28 W a distance of 231.37 feet to a point; Thence
6. along a curve to the right having a radius of 1025.00, central angle of 36 degrees 17' 33", chord bearing and distance of N 01-58-42 W a distance of 638.46 feet, an arc distance of 649.26 feet to a point; Thence
7. N 16-10-05 E a distance of 73.05 feet to a point Thence
8. N 16-10-05 E a distance of 27.53 feet to a point; Thence
9. N 13-11-30 E a distance of 18.17 feet to a point; Thence continuing along "Parcel PGC B" and concluding along "Parcel PFBC A.1" N 10-12-55 E a distance of 188.06 feet to a point; Thence along "Parcel PFBC A.1" the following four (4) courses:
1. along a curve to the right having a radius of 225.00, central angle of 08 degrees 29' 07", chord bearing and distance of N 14-27-29 E a distance of 33.29 feet, an arc distance of 33.32 feet to a point; Thence
2. along a curve to the right having a radius of 225.00, central angle of 04 degrees 23' 37", chord bearing and distance of N 20-53-51 E a distance of 17.25 feet, an arc distance of 17.25 feet to a point; Thence
3. N 23-05-39 E a distance of 18.25 feet to a point; Thence
4. along a curve to the left having a radius of 175.00, central angle of 18 degrees 09' 42", chord bearing and distance of N 14-00-48 E a distance of 55.24 feet, an arc distance of 55.47 feet to a point; Thence along "Parcel Benner C" S 85-04-03 E a distance of 50.00 feet to a point; Thence along "Parcel PFBC B" the following two (2) courses:
1. along a curve to the right having a radius of 225.00, central angle of 18 degrees 09' 42", chord bearing and distance of S 14-00-48 W a distance of 71.02 feet, an arc distance of 71.32 feet to a point; Thence
2. S 23-05-39 W a distance of 18.25 feet to a point; Thence continuing along "Parcel PFBC B" and concluding along "Parcel PGC C" along a curve to the left having a radius of 175.00, central angle of 12 degrees 52' 44", chord bearing and distance of S 16-39-17 W a distance of 39.25 feet, an arc distance of 39.34 feet to a point; Thence along "Parcel PGC C" the following eleven (11) courses:
1. S 10-12-55 W a distance of 188.06 feet to a point; Thence
2. S 13-11-30 W a distance of 23.37 feet to a point; Thence
3. S 16-10-05 W a distance of 0.70 feet to a point; Thence
4. S 16-10-05 W a distance of 99.88 feet to a point; Thence
5. along a curve to the left having a radius of 975.00, central angle of 36 degrees 17' 33", chord bearing and distance of S 01-58-42 E a distance of 607.31 feet, an arc distance of 617.59 feet to a point; Thence
6. S 20-07-28 E a distance of 231.37 feet to a point; Thence
7. along a curve to the right having a radius of 375.00, central angle of 57 degrees 06' 24", chord bearing and distance of S 08-25-44 W a distance of 358.48 feet, an arc distance of 373.76 feet to a point; Thence
8. along a curve to the right having a radius of 325.00, central angle of 26 degrees 32' 18", chord bearing and distance of S 50-15-05 W a distance of 149.19 feet, an arc distance of 150.53 feet to a point; Thence
9. S 63-31-14 W a distance of 321.97 feet to a point; Thence
10. along a curve to the left having a radius of 400.00, central angle of 73 degrees 06' 40", chord bearing and distance of S 26-57-54 W a distance of 476.48 feet, an arc distance of 510.41 feet to a point; Thence
11. S 09-35-26 E a distance of 682.73 feet to the point of beginning. Containing 166,778 square feet or 3.8287 acres of land, gross area, be the same more or less.
PARCEL BENNER C Beginning at a point in the northern line of "Parcel PGC C" at the common northeastern corner of "Parcel Benner B" 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 251783.9957 and Easting 1951720.7169; Thence along "Parcel Benner B" N 85-04-03 W a distance of 50.00 feet to a point; Thence along "Parcel PFBC A.1" N 01-53-40 E a distance of 32.61 feet to a point; Thence along a line which is 75 feet north of and parallel to the high water mark of Spring Creek and along the northern line of "Parcel PFBC A.2" the following three (3) courses:
1. N 01-53-40 E a distance of 103.23 feet to a point; Thence
2. N 82-18-46 W a distance of 191.45 feet to a point; Thence
3. N 77-55-12 W a distance of 100.00 feet to a point at the western corner of the herein described parcel; Thence along "Parcel PGC A" N 54-42-51 E a distance of 624.93 feet to a point at the northeastern corner of the herein described parcel; Thence along a line which is 75 feet north of and parallel to the high water mark of Spring Creek and along the northern line of "Parcel PFBC B" the following five (5) courses:
1. S 25-08-57 E a distance of 100.00 feet to a point; Thence
2. S 23-08-55 W a distance of 200.00 feet to a point; Thence
3. S 36-32-53 W a distance of 100.00 feet to a point; Thence
4. S 58-08-54 W a distance of 90.42 feet to a point; Thence
5. S 01-53-40 W a distance of 145.21 feet to the point of beginning. Containing 106,692 square feet or 2.4493 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 degrees 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 degrees 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 degrees 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) 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 restriction that the land conveyed
herein shall be used solely for passive recreational open
space for the benefit of the public at large. 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 it 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.
(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.