Section 13. Conveyance in Susquehanna Township, Dauphin 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 release a portion of a use restriction affecting certain real property that the Commonwealth of Pennsylvania previously conveyed to the School District of the City of Harrisburg under the authority granted by the act of December 4, 1972 (P.L.1256, No.281) for $1.
(b) Property description.--The use restriction referenced in subsection (a) affects a tract of land situate in the Township of Susquehanna, County of Dauphin, Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point on the northern edge of right-of-way of Legislative Route No. 1 Spur A, (Herr Street By-Pass) said point being located and referenced north 3 degrees 20 minutes east 30.00 feet from the center line of station 41+54.15 of Legislative Route No. 1 Spur A; thence along the line of lands now or late of The General State Authority north 75 degrees 33 minutes west 192.84 feet to a point; thence along same north 14 degrees 41 minutes east 481.17 feet (erroneously designated as 537.64 feet in Act Number 281, approved December 4, 1972) to a point; thence north 31 degrees 36 minutes 57 seconds east 1586.73 feet to a point; thence along line of lands of others south 85 degrees 57 minutes 25 seconds east 81.22 feet to a point; thence along same south 73 degrees 32 minutes 23 seconds east 43.30 feet to a point; thence along same south 78 degrees 47 minutes 23 seconds east 155.00 feet to a point; thence along same south 88 degrees 21 minutes 08 seconds east 289.62 feet to a point; thence along same south 1 degree 13 minutes 20 seconds east 216.59 feet to a point on the southern right-of-way line of Wayne Avenue; thence along the southern right-of-way line of Wayne Avenue south 73 degrees 25 minutes 48 seconds east 777.57 feet to a point on line of lands of others; thence along line of lands of others south 21 degrees 56 minutes 30 seconds west 520.07 feet to a point on the line of lands of the Pennsylvania Department of Transportation; thence along the line of lands of the line of lands of the Pennsylvania Department of Transportation and across lands of others south 69 degrees 50 minutes 55 seconds west 1648.06 feet to a point; thence south 14 degrees 41 minutes west 377.43 feet to a point on the northern edge of right-of-way of Legislative Route No. 1 Spur A (Herr Street By-Pass); thence along the northern right-of-way line of Legislative Route No. 1 Spur A (Herr Street By-Pass) on a curve curving to the left, having a radius of 985.35 feet, an arc distance of 248.64 feet to a point the place of beginning;
EXCEPTING AND RESERVING THEREFROM, HOWEVER, all that certain parcel or tract of land, situate in the Township of Susquehanna, County of Dauphin, Commonwealth of Pennsylvania, bounded and described, as follows:
BEGINNING at P.C. Station 40 + 27.85 back on centerline of Herr Street Bypass known as Legislative Route No. 1 Spur; thence thirty feet (30') northerly at right angle to a point in the Northerly Legislative Route No. 1 Spur Right-of-Way Line and continuing on a curve along said r/w line to the right an arc distance of one hundred thirty and twenty-five hundredths feet (130.25') (chord length = 130.15'), said chord having a bearing of North 89 degrees 29' East to P.O.C. Station 41 + 54.13 ahead and Point of BEGINNING: Thence along lands now or formerly of the Commonwealth, Department of Transportation the following courses, North seventy-five degrees, thirty-three minutes and zero hundredths seconds West (75 degrees 33' 00") a distance of one hundred ninety-two and eighty-four hundredths feet (192.84') to a point; Thence North fourteen degrees, forty-one minutes, and zero hundredths seconds East (14 degrees 41' 00'') a distance of four hundred eighty-one and seventeen hundredths feet (481.17') (erroneously designated as 537.64 feet in Act Number 281, approved December 4, 1972), to a point; Thence along lands now or formerly of the Commonwealth, Department of Public Welfare the following courses South eighty-one degrees, forty minutes and twenty seconds East (81 degrees 40' 20") a distance of three hundred twenty five and zero hundredths feet (325.00') to a point and South eight degrees nineteen minutes, forty seconds West (8 degrees 19' 40") a distance of five hundred and three-hundredths feet (500.03') to a point in the Northerly Right-of Way Line of Legislative Route No. 1 Spur; Thence along aforesaid Right-of-Way Line on a curve to the left an arc distance of one hundred eighty-six and eighty-one hundredths feet (186.81') (chord length = 186.53' said chord having a bearing North 81 degrees 17' 43" West) to the Point of BEGINNING.
CONTAINING 3.98-acres, more or less.
The area of land conveyed to GRANTEE after deduction of the above exception and reservation of 3.98 acres is a net acreage of forty-two and two hundredths acres (42.02 A.), more or less.
(c) Use restriction.--The use restriction referenced in subsection (a) is as follows:
"The net acreage of forty-two and two hundredths acres (42.02A.) of land herein conveyed shall be used for public school purposes by the School District of the City of Harrisburg and if at any time the said School District of the City of Harrisburg or its successor in function conveys said property or authorizes or permits said property to be used for any purpose other than public school purposes, the title thereto shall immediately revert to and revest in the Commonwealth of Pennsylvania."
(d) Portion of restriction to be released.--The portion of the use restriction to be released is that portion that limits the property to use by the School District of the City of Harrisburg. The remainder of the use restriction, which limits the property to use for public school purposes, shall remain in effect.
(e) Legal instrument.--Any legal instruments necessary to release the portion of the use restriction authorized by this section shall be executed by the Secretary of General Services in the name of the Commonwealth.
(f) Costs and fees.--Costs and fees incidental to the release authorized by this section shall be borne by the grantee.
(g) Proceeds.--Proceeds received by the Department of General Services for the release authorized under this section shall be deposited into the General Fund.