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5, Allached hcreto as Exhibit "B" and madc a part hereof, is a plan of the necessary land to
be procured for the completion of the Center Street Relocation projcct, The properties on which the said
partial taking is located are situate within the Township of EBst Pennsboro, Cumberland County,
Pennsylvania, and copies of the aforesaid plan is, as of the date hereof, being tiled in the Office of the
Recorder of Deeds, Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent
Domain Code, Act of June 22, 1964, (Special Session), P,L. 84, Article IV, as amended.
6. The nature of the title acquired is fee simple as to the partial taking, across and through
the properly described for the purpose of constructing, erecting and maintaining the aforesaid Center
Street Relocation Project.
7. A plan describing the lands whereby condemned is available and may be inspected at the
office of the Township, 98 South Enola Drive, Enola, Township of East Pennsboro, Cumberland County,
Pennsylvania.
8. Just compensation of the condemnation of said premises is secured by the power of
taxation of the Township of East Pennsboro, whereupon the funds raised, or lawful to be raised, are
deemed pledged and made security for the payment of damages as shall be determined by law.
WHEREFORE, fee simple title is hereby condemned in order to implement the above-described
properly owned by Roger L. Sullon and Nora M. Sullon, husband and wife,
TOWNSHIP OF EAST PENNSBORO
Dated:.a I C!JdOJ7
2
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CUMBERLAND )
AND NOW this .cC l;y of (J c.:t-
, 1997, Robert L. Gill, Manager of the
Township of East Pennsboro, being sworn according to law, states that the facts contained in the
forementioned documenta are true and correct to his information, knowledge, and belief.
TOWNSHIP OF EAST PENNSBORO
Q~
By:
ROBERT L. GILL, Manager
Sworn to and subscribed before me,
. ~ r
thisG.Ldayof ,1997.
NOt A~'AL HAl
H!HRY F. COYN!, 1'10....' 'ubllc
Hampden Twp., Cumb""and COUflty, PA
My C_miMlon bpi," Jun. 11, 2000
, '
.
3
09/30/1997 13:12
7177327910
EASTPENNSJ3(RJTiII'
PAGE 81
EAST PENNSBORO TOWNSHIP
BOARD OF COMMISSIONERS
SPECIAL MEETING, AUGUST 27, 1997
Reqular Session
5:30 p.llI.
A special meetinq of the East Pennsboro Township Board of
Co~iesioners was held on wednesday, August 27, 1997, at 5:30
p.m. at the Community and Municipal Center, 99 S. Enola Drive,
Enola, Pennsylvania,
Those present were: Commissioners ~ George DeKartyn,
President; Philip Sgriqnoli, Vice PresidQnt; James Hertzler,
Dolores HcAlister and Charles Yohe; Robert L. Gill, Township
Manager; and Henry F, coyne, Township Solicitorl Lisa Coyne; and
Deborah Thornton, township staff.
I . CALL 'to ORDE:R
President DeMartyn called the meeting to order. The Pledge
of Allegiance to the Flag was enunciated by all present.
Hr. Gill noted for the board that the special meetinq of the
Board of Commissioners was properly advertised. The purpose for
the meeting is for considerationot the Center Street relocation
project.
Hr. Gill reported that on August 12 he received A phone call
from PennOOT for a status report with the riqht~of-way takinqs
and how it was proceedinq. PennDOT is required, by the first
week of September, to tile a form called with the Federal
qovernment which allocate:! money for construction purposes of the
Federal funded projects, of which Center street 1s one. A form
also is beinq filed for the Overview Bridge project that
guarantees and :!ets aside the construction money under the
Federal rules and regulations. It must be done, according to
pennDOT, in the first week of September in order to guarantee
these funds for the next construction year.
We reassessed our evaluation of property owners that have
either full takings or partial takings with regard to the Center
Street relocation. We got letters out to the property owners
outlining a revised offer trying to settle with them. In that
letter it was stated the township is under the deadl.ine of Auqust
31 and if we did not receive at least a verbal commitment, that
we would have to file declarations of taking because the township
must guarantee when PennDOT submits to the Federal Qovernment the
riqht-of-way for Center Street relocation.
t~ I,
EX#I~I T /9
If 41'
09/39/1997 13:12
Board of commissioners
August 27, 1997
Page ~
The project will total $7,2 million tor construction costs,
preliminary plans, tinal plans, et cetera. The construction
coats are estimated at $6 millionl $640,000 has already been
spent in the preliminary plan.
Mr. Gill noted that of the 40 properties that the townShip
has negotiated tor, 95 percent of which are township residents,
posaibly one and maximum of three possibly will be outstanding
and tor which the board may have to file for taking.
Mr, Gill, thanked all the township residents that he has
negotiated with for their cooperation during the negotiations.
Mr. Gill further reported that the township haa received
donations as of today valued at $647,000 from Pennsylvania Blue
Shield, East Pennsboro TownShip has a donation of acreage through
the park, and Laurel Hills Development has donated. other
donations are still being neqotiated.
Mr, Gill reported that the bid opening is scheduled tor the
first week of December. Construction would start the end of
February, ~he first week of March, as of today.
Mr. coyne noted for the board and public's edification that
what would happen is any property owners with whicn an aqreement
could not be reached under the Eminent Domain Code, tne township
has the right to file a declaration of taking in the courthouse
in Carlisle, and then after a period of time the property becomes
the Township's, subject to a Board of View. They come out and
look at tne site and then they have a hearing on it, the
appraiser testifies as to value as to the township as well as the
property owner's, and then they ultimately make a decision. And
then that decision within 30 days if either party, either the
township or property owner, is not satisfied they can go to court
and then the diaposition ot the court would be a trial by jury or
trial by judge alone. And if it is a trial by jury or judge
alone, the trial can come out and look at tne site.
MOTION adopting Resolution No. 1997.16 of the Township of
East Pennsboro, Cumberland County, authorizing the necessary
condemnation tor acquisition of right-at-way in accordance with a
plan submitted by PennDOT and recorded in the Recorder ot Deeds
Office, and the acquisition of right-Of-way would be by way of
eminent domain to acquire property from property owners who are
not willing to convey to the township, was made by Mr. sqriqnoli,
seconded by Mr. Hertzler, and passed by a unanimous aye vote.
2-''/
09/30/1997 13:12
7177327810
EASTPENNSEOROTWP
Board of commissioners
August 27, 1997
Page 3
Mr. Hertzler commended the Township Manager and all the
staff of the township for keeping these construction projects at
the forefront, Center street and overview Bridge. As a result of
Commissioner DeMartyn and Commissioner Sqriqnoli's leadership,
Center Street has been a top item. The staff keeps the board up
to date on it and the board tries to move it forward as quickly
as possible and there hove been some glitches with respect to
running into various elements of Federal and State bureaucracies,
but we have tried to do everything we can to move this forward,
Mr. Gill noted that the administrative staff has done an
outstanding job. The township could not have moved ahead as well
as it haa without their dedication. It hae been an overall staff
effort.
Mr. coyne noted for the record thst ultimately all the
acquiaitiona, including the wetlands up in the Newville area to
remediate the taking of the wetlands will be assigned to PennDOT.
Mr. Gill stated that it is a State road and even though the
township has acquired property, all the riqht of ways will be
going to PennCOT and old Center street will be going back to the
township. All the property purchases will be in the Township's
name and we have to get it back to PennDOT's.
Mr. Coyne noted that this is a unique situation and aome
area Solicitors have contacted him and asked how East Pennsboro
has been able to do this without outside help, outside consulting
engineers.
President DeMartyn thanked everybody on staff who has come
through to get the townahip to this point.
Mra. McAlister suqgested that in renaming Center Street,
since the t~wnship has been a first class township since 1952 and
has had a Board of Commissioners, it would bestow an honor to all
the Township Commissioners if it were named Commissioner Drive.
If each person who has been a representative ot the community
could attend the grand opening of Commissioner's Parkway or
Drive, it would be an honor.
MOTION adopting Resolution 1997-19 of the Township of East
Pennsboro, Cumberland County, authorizing the acquisition of an
easement for 9.0945 acres for construction of replacement
wetlands in West Pennsboro Township, Cumberland County, for
mitigation purposes of a portion of Center Street, was made DY
PAGf. 83
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HENRY F. COYNE
Ano~NIEY AT LAw
380 I MA"KIET 8T"1l1ET
CA"'~ HILL. ~A 17011
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~ FE8 8 6 1998
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WHEREAS, the parties hove reached on agreement OK to the total compensation due to the
Condemnees per this Eminent Domain action and that said total compenKation is Twelve Thousand
Dollars ($12,000.00) which represents full satislaction of 011 monies, damagcs, fees claimed under the
Pennsylvania Eminent Domain ('ode, Act of June 22, 19M, 1',1.. 84, as amcnded, (26 Po, e.s. Sections I-
10 I, el seq. as amcnded), and will be distrihutable to the ('ondemnees upon proof of Partial Release of
Mortgages Irom Dauphin Dcposit Bank and Trust Company; and
WHEREAS, upon the execution of this Agreement, the Condemnor will deposit with the
Prothonotary of Cumberland County Three Thousand Dollars ($3,000,00) thereby resulting in 0 total
deposit with the Prothonotary of Twelve Thousand Dollars ($12,000,00), the agreed settlement amount
herein; and
WHEREAS, construction has not commenced conceming the relocation of Center Street and
there ore no delay damages due or owing the Condemnees;
NOW, THEREFORE, in it is stipulated and agreed that in consideration of the sum of Twelve
Thousand Dollars ($12,000.00), which the Condemnor agrees to pay the Condemnees who do hereby
remise, release, quitclaim and forever discharge the Condemnor or its assignees or its or their employees
or representatives of and Irom all suits, damages, claims, fees and demands which the Condemnees
might otherwise have becn entitlc to asscrt IIndcr tbe provision of the Eminent Domain Codc, supra, for
or on account of any injury to or destruction of thp. aforesaid property of the Condemnees through or by
reason of the aforesaid highway construction or improvement.
The said Twelve Thousand Dollars ($12,000,00) sholl bc held on deposit with the Prothonotary
of Cumberland County upon execution of this agreement.
2
'..
IN REI CONDEMNATION OF LANDS
OF Roger L, Sutton ~nd Nor~ M, Sutton,
husband and wife
tiN THE COllRT OF COMMON PUAS OF
: CllMDERI.AND COllNTY,I'F.NNSYI,v ANIA
:
:
: CIVil, DIVISION - LAW
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: NO. 97-5386 CIVil. n:RM
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:IN REM (.:MIN.:NT I>OMAIN)
ORDER OF COURT
AND NOW this ~ duy of
':;1oUt~
, 1998. upon presentation of
the within Petition, the Prothonotary is hereby ORDERED and DIRECTED to deliver to the
Condemnees. Mr. and Mrs. Roger L. Sutton, the principal sum of Nine Thousand Dollars ($9,000.00)
and accrued interest representing the amount of estimated just compensation deposited by the
Condemnor. the Township of East Pennsboro. Suid distribution shall be pursuant to Sections 407. 521
and/or 522 of the Eminent Domain Code, 26 Pa, C.SA Sections \.407, 1-521 and/or 1-522. as they may
apply.
BY THE covin:
J.
HENRY F. COYNE, ESQUIRE
For Condemnor
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GEORGE F, DOUGLAS, 111. ESQUIRE
For Condemnees
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IN RE: CONDEMNATION OF LANDS
OF ROller L. SUItOD and Nora :\1, SUlIOn,
husband aDd wlf.
tiN THE COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PEl'~SYLVANIA
t
t CIVIL DIVISION - LAW
t
: NO, 97-5386 CIVIL TERM
: IN REM (EMINENT DOMAIN)
STIPULATION OF SETTLEMENT
(post Condemnation)
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This Settlement Agreement made this ire day of i~ 1998 by and between R.~~er ~~' ,1
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Sutton Ill\d Nora M. Sutton, his wife, of 712 Wertzville Road, Enola, PeMsylvlll\ia, (bereimifter i~rerreif
to as "Condemnees") and the Township of East PeMsboro, Cumberllll\d County, PeMsylvlll\b
(hereinafter referred to as "Condemnor"):
WIT N E SSE T H:
WHEREAS, on October I, 1997, the Condemnor filed a Decllll'lltion of Taking in the above
referenced matter concerning the Condemnees' property as annotated therein; Ill\d
WHEREAS, by said ~ondemnation the Condemnor acquired title in fee simple for highway
purposes as shown on the plo! pl3l1 atta~hed to the Declaration of Taking which is incorporated Ill\d made
a part hereof; 3I1d
WHEREAS, on Febl\U1l)' 26, 1998, by Petition of the Condemnor, the sum of $9,000,00
representing the amount of estimated just compensation was deposited by the Township with the
Prothonotary of Cumberland County pursuant to Sections 407, 521 and/or 522 of the Eminent Domain
Code, 26 Pa. C.S.A. Sections 1-107, (.521 and/or 1-522; and
WHEREAS, the affe~ted property of the Condemnees has two (2) mo"~ages held by the
Dauphm Deposit Bank and Trust Company; and
EXlhA1lr "'a"
WHEREAS, the parties have reached an agreement as to the total compensation due to the
Condemnees per this Eminent Domain action and that said tollll compensation is Twelve Thousand
Dollars ($ 12,000.00) which represents full satisfaction of all monies, damages, fees claimed under the
Pennsylvania Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended, (26 Pa, C.S, Sections (-
101, el seq. as amended),lIl\d will be distributable to the Condemnees upon proof of Partial Release of
Mortgages from Dauphin Deposit Bank and TrustComplll\Y; and
WHEREAS, upon the e~ecution of this Agreement, the Condemnor will deposit with the
Prothonolllry of Cumberland County Three Thousand Dollars (53,000.00) thereby resulting in a tollll
deposit with the Prothonotary of Twelve Thousand Dollars ($12,000.00), the agreed senlement amount
herein; l1Ild
WHEREAS, construcnon has not commenced concerning the relocation of Center Street and
there are no delay damages due or owing the Condemnees;
NOW, THEREFORE. in it is stipulated and agreed that in consideration of the sum of Twelve
Thousand Dollars ($ 12,000,00), which the Condemnor agrees to pay the Condemnees who do hereby
remise, release, quitclaim and forever discharge the Condemnor or its assignees or its or their employees
or representatives of IIl\d from all suits, damages, claims, fees l1Ild demlll\ds which the Condemnees
might othcrNise have been entitle to assert under the provision of the Eminent Domain Code, supra. for
or on account of any injury to or destruction of the aforesaid property of the Condcmnees through or by
reason of the aforesaid highway construction or improvement.
The said Twelve Thousand Dollars ($ 12,000.00) shall be held on deposit with the Prothonotary
of Cumberland County upon e:tecution of this agreement.
2
The Condemnees do hereby alll'ee and stipulate to turther indemnify the Condemnor lsainst any
claim made by any lessee of the aforesaid property who has not entered into a Senlement AllI'eement
with the Condemnor.
The attorney for the Conderrmees shall produce releases for or satisfy of record all mortgages
and other liens of record against the property as of the date of condemnation and upon proof of said
satisfaction or release of mortgage, the Condemnor will direct that the Twelve Thousand Dollars
($12,000.00) deposited with the Prothonotary be distributed to the Condemnees and the Condemnees
shall enter into a stipulation to cause the docket of these proceedings to be marked as settled and
slltisfied.
IN WITNESS WHEREOF, the Condemnor and Condemnees have executed or cawsed to be
executed these presents, intending to be legally bound thereby.
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Wanes
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Witness'"
(SEAL)
ROGE . SUTTON, Condemnee
~l~Nl~~ ~AL)
Secretary
BY:
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