Section 2. 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 to the Centre County Industrial Development Corporation certain lands, and any improvements located thereon, situate in Benner Township, Centre County, for $241,861 as determined by an independent appraisal and under terms and conditions to be established in an agreement of sale.
(b) Property description.--The property to be conveyed pursuant to this section consists of two tracts of land containing approximately 32.06 acres and improvements thereon bounded and more particularly described as follows:
LOT 4AR
All that certain tract of land situated in Benner Township, Centre County, PA, being Lot 4AR, as shown on a plan entitled, "Lot Addition and Replot Plan, Final Plan - Benner Commerce Park Lot Addition and Replots of Lands of the Centre County Industrial Development Corporation and the Commonwealth of Pennsylvania - Replot of Lot 5BR (of Plat Book 81, Page 168) into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows:
Beginning at an iron pin, being an easterly corner of Venture Drive (Proposed 60' R/W) and lying in a southerly R/W line of Rishel Hill Road (T-532, 70' R/W); thence along Rishel Hill Road the following bearings and distances: along a curve to the left, having a chord bearing of N44º35'31"E, a chord distance of 253.06 feet, a radius of 555.87 feet and an arc length of 255.29 feet to an iron pin; thence N31º26'05"E, 140.94 feet to an iron pin; thence N20º07'29"E, 50.99 feet to an iron pin lying in a southerly R/W line of Rishel Hill Road (T-532, 50' R/W); thence, along said R/W N31º26'05"E, 16.59 feet to an iron pin; thence continuing along said R/W along a curve to the right, having a chord bearing of N37º35'53"E, a chord distance of 424.09 feet, a radius of 1975.00 feet and an arc length of 424.91 feet to an iron pin, lying in a southerly line of said R/W and being a westerly corner of lands owned now or formerly by Gerald E. Rogers, Ronnie Lee Rogers, Bonnie Lou Moerschbacher and Geraldine Rogers Bohn (Tax Parcel 12-3-130, RB 753 Pg. 883); thence along said lands S47º10'10"E, 903.84 feet to an iron pin, being a southerly corner of said lands and lying in a northerly R/W line of U.S. 0220/Future I-99 (Variable R/W); thence along said R/W the following bearings and distances: S64º43'55"W, 96.12 feet to an iron pin; thence S58º28'32"W, 200.00 feet to an iron pin; thence S56º06'30"W, 363.15 feet to an iron pin; thence along a curve to the right, having a chord bearing of S59º25'10"W, a chord distance of 374.92 feet, a radius of 11379.16 feet and an arc length of 374.93 feet to an iron pin, lying in a northerly line of said R/W and being an easterly corner of Venture Drive (Proposed 60'R/W); thence along said R/W, the following bearings and distances: N31º45'22"W, 93.01 feet to an iron pin; thence along a curve to the left, having a chord bearing of N39º41'44"W, a chord distance of 146.42 feet, a radius of 530.00 feet and an arc length of 146.89 feet to an iron pin; thence N47º38'06"W, 153.52 feet to an iron pin; thence along a curve to the right, having a chord bearing of N40º24'58"W, a chord distance of 118.12 feet, a radius of 470.00 feet and an arc length of 118.44 feet to an iron pin; thence along a curve to the right, having a chord bearing of N12º16'33"E, a chord distance of 71.29 feet, a radius of 50.00 feet and an arc length of 79.37 feet to an iron pin, being the place of beginning, containing 15.709 acres.
LOT 4BR
All that certain tract of land situated in Benner Township, Centre County, PA, being Lot 4BR, as shown on a plan entitled, "Lot Addition and Replot Plan, Final Plan - Benner Commerce Park Lot Addition and Replots of Lands of the Centre County Industrial Development Corporation and the Commonwealth of Pennsylvania - Replot of Lot 5BR (of Plat Book 81, Page 168) into Lot 5BRR and Lots 4A & 4B (of Plat Book 78, Page 12) into Lots 4AR & 4BR, Legal Exhibit, Blow-Up" dated February 5, 2009, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows:
Beginning at an iron pin, lying in a southerly R/W line of Rishel Hill Road (T-532, 70' R/W) and being a westerly corner of Venture Drive (Proposed 60' R/W); thence along said Proposed Venture Drive, the following bearings and distances: along a curve to the right, having a chord bearing of S68º52'58"E, a chord distance of 61.66 feet, a radius of 50.00 feet and an arc length of 66.44 feet to an iron pin; thence along a curve to the left, having a chord bearing of S39º13'29"E, a chord distance of 155.04 feet, a radius of 530.00 feet and an arc length of 155.59 feet to an iron pin; thence S47º38'06"E, 153.52 feet to an iron pin; thence along a curve to the right, having a chord bearing of S39º41'44"E, a chord distance of 129.84 feet, a radius of 470.00 feet and an arc length of 130.26 feet to an iron pin; thence S31º45'22"E, 90.63 feet to an iron pin, being a southerly corner of said R/W and lying in a northerly R/W line of U.S. 0220/Future I-99 (Variable R/W); thence along said R/W the following bearings and distances: along a curve to the right, having a chord bearing of S61º19'14"W, a chord distance of 260.13 feet, a radius of 11379.16 feet and an arc length of 260.13 feet to an iron pin; thence S61º58'32"W, 478.19 feet to an iron pin; thence along a curve to the right, having a chord bearing of S77º02'31"W, a chord distance of 145.57 feet, a radius of 280.00 feet and an arc length of 147.26 feet to an iron pin; thence N87º53'30"W, 330.60 feet to an iron pin, lying in a northerly line of said R/W and being an easterly corner of Benner Pike (S.R. 0150, Variable R/W); thence along the Benner Pike R/W, along a curve to the left, having a chord bearing of N01º50'29"W, a chord distance of 797.38 feet, a radius of 6945.55 feet and an arc length of 797.82 feet to an iron pin lying along said R/W and being a southerly corner of Rishel Hill Road (T-532; 70' R/W); thence along the Rishel Hill Road R/W N33º18'46"E, 55.19 feet to an iron pin; thence N57º35'25"E, 41.13 feet to an iron pin; thence N79º16'07"E, 41.17 feet to an iron pin; thence S84º04'41"E, 80.12 feet to an iron pin; thence S73º17'38"E, 252.18 feet to an iron pin; thence along a curve to the left, having a chord bearing of N89º52'40"E, a chord distance of 321.86 feet, a radius of 555.87 feet and an arc length of 326.53 feet to an iron pin, being the place of beginning, containing 16.351 acres.
(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) Condition.--Any conveyance authorized under this act 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) Deed.--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.
(f) Costs and fees.--Costs and fees incidental to this conveyance shall be borne by the grantee.
(g) Alternate disposition.--In the event that the herein named grantee fails to enter into an agreement of sale with the Department of General Services within 12 months of the effective date of this section, 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.