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Home My WebLink About02-59931N RE: REAL ESTATE SITUATE ALONG FARM ROAD, T-344 PENN TOWNSHIP CUMBERLAND COUNTY, PENNA. : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNA. : NO. 02- : CIVIL ACTION - LAW PETITION FOR LEAVE TO VACATE REAL PROPERTY NOW COMES, Penn Township, Petitioner, by and through its counsel, G. Bryan Salzmann, Esq., and petitions this Honorable Court to approve Penn Township's vacating of property along Farm Road, T-344, and re-conveying the same to its present owners pursuant to the Second Class Township Code, 53 P.S. {}66503 (f). In support of the Petition, Petitioner states the following: 1. Penn Township is a township of the second class located in Cumberland County, Pennsylvania. 2. For the construction of Interstate 81, Penn Township road T-344, also known as Farm Road, was relocated by the Pennsylvania Department of Transportation ('Penn DOT'). 3. The relocation ofT-344 and construction of I-81 necessitated the taking by the Commonwealth of Pennsylvania of lands then belonging to Charles W. and Ada P. Smith by Deed recorded in the Office of Recorder of Deeds, Cumberland County at Deed Book "J", Volume 12, Page 145 ('Smith Tract'); and lands then belonging to Edward H. and Nancy C. Tritt by Deed recorded in the Office of Recorder of Deeds, Cumberland County at Deed Book "Q", Volume 12, Page 558 ('Tritt Tract'). 4. The lands taken from the Smith Tract was 9.01 acres. 5. The lands taken from the Tritt Tract was 12.12 acres. 6. At, er its relocation by Penn DOT, the Township was responsible for maintaining T-344. 7. Included within the lands taken by the Commonwealth from the Smith Tract and the Tritt Tract are lands needed for I-81 and its right-of-way; lands needed for the relocation of T-344 and its right-of-way; and lands lying between the right-of-ways for 1-81 and T-344. 8. The lands lying between the fight-of-ways for 1-81 and T-344 were part of the lands granted by Penn DOT to Penn Township for its maintenance of T-344. 9. The lands lying between the right-of-ways for 1-81 and T-344 are oddly shaped parcels, and have an approximate area of. 18 acres for the lands taken from the Smith Tract; and. 12 acres for the lands taken from the Tritt Tract. 10. At its meeting on December 10, 2002, the Penn Township Board of Supervisors by unanimous vote determined that the lands lying between the right-of-ways for I-81 and T-344 are not needed for the maintenance of T-344 and that the use of these lands is not in the best interest of the Township; and by unanimous vote approved the conveyance of these lands to the present owners of the tracts from which the lands were taken. 11. The Second Class Township Code at 53 P.S. §66503 (f) states: "When real property has been dedicated, deeded or devised to a township to be used for a designated purpose and the real property is accepted and used for that purpose, or the real property is not used for the purpose designated for a period often years or more, and the township supervisors determine that it is not possible or not desirable for the best interest of the township to use the real property for the purpose designated, the township supervisors, with the prior approval of the court of common pleas, may by ordinance reconvey to the original owners or their successors, heirs or assigns, or otherwise dispose of, the real property free and clear of any public right." 12. Under the Second Class Township Code pursuant to 53 P.S. §66503 (f), the Township petitions this Honorable Court for its approval of the Township re-conveying the lands lying between the right-of-ways for 1-81 and T-344 to the present owners of the Smith Tract and the Tritt Tract. 13. By Deed recorded at Deed Book "R", Volume 31, Page 608, the present owners of the Smith Tract are Ivan S. and Esther H. Martin. 14. By Deed recorded at Deed Book "E', Volume 30, Page 191, the present owners of the Tritt Tract are Edward H. and Nancy C. Tritt and Harold Tritt. 15. The lands lying between the right-of-ways for 1-81 and T-344 on the Smith Tract are subject to a 15-year lease between the Township, the present owners of the Smith Tract and Kegerreis Outdoor Advertising. On these lands is constructed a billboard. 16. The lands lying between the right-of-ways for 1-81 and T-344 on the Tritt Tract are subject to a 15-year lease between the Township, the present owners of the Tritt Tract and Kegerris Outdoor Advertising. On these lands is constructed a billboard. 17. It is believed and therefore averred that the present owners of the Smith Tract and the Tritt Tract consent to the Township conveying the parcels to them subject to the aforesaid lease agreements. It is believed and therefore averred that Kegerris Outdoor Advertising shall also consent to the conveyance of the aforesaid properties subject to the aforesaid lease agreements through assignment of all of Penn Township's rights, obligations, and interests in the same. 18. Upon conveyance of the lands lying between the right-of-ways for 1-81 and T-344, the Township shall retain a 50 foot right-of-way for T-344 for continued use and maintenance of the Township road. WHEREFORE, Penn Township respectfully requests this Honorable Court to schedule a hearing on this Petition for Leave to Vacate Real Property and after consideration of testimony and evidence received at the hearing, approve the Township's Petition to vacate certain lands granted to it by the Pennsylvania Department of Transportation and convey those lands to the present owners of the tracts from which they were partitioned. Date: Respectfully submitted, Salzmann, DePaulis & Fishman, P.C. By: _ Attorney rl:y-N'oTo Solicitor to Penn Tox~,~ship ~ _ Salzmann, DePaulis, an-'d~hm~xn, P.C 95 Alexander Spring Road, S'a%e3 Carlisle, PA 17013 (717) 249-6333 VERIFICATION I, Clyde W. Barrick, Chairman of the Board of Supervisors of Penn Township have read the foregoing Order and Petition for Leave to Vacate Real Property, and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Penn Township Board of Supervisors By: ]XJ ,~w.t · Cly~ W. Barrick, Chairman IN RE: REAL ESTATE SITUATE ALONG FARM ROAD, T-344 PENN TOWNSHIP CUMBERLAND COUNTY, PENNA. COURT OF COMMON PLEAS OF CUMBERL~,ID COUNTY, PENNA. CIVIL ACTION - LAW ORDER AND NOW, this ~_~£d day of ~ , 20 0 ~k, having considered the within Petition for Leave to Vacate Real Property, it is hereby ORDERED that a hearing be held at [/'.OLD a.m./pm, on ~1"~0~ ,the 505[day of ,~&~t~ ,200,,~ , for the purposes of hearing testimony on said Petition. Notice of said hearing shall be published one time in a newspaper of general circulation, not less than seven (7) days or more than thirty (30) days prior to ¢~ dare.for hearing. IN RE: REAL ESTATE SITUATE ALONG ' COURT OF COMMON PLEAS OF FARM ROAD, T-344 · CUMBERLAND COUNTY, PENNA. · NO. 02-5993 PENN TOWNSHIP CUMBERLAND ~COUNTY, PENNA. CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon hearing testimony and receiving evidence on Petitioner Penn Township' s Petition for Leave to Vacate Real Property, the aforesaid Petition is hereby APPROVED pursuant to §66503(0 of the Second Class ~'ownship Code, 53 P.S. §66503(f). ~/ ., ~vVj~y