HomeMy WebLinkAbout03-0407IN RE: CONDEMNATION OF LANDS,
EASEMENTS AND RIGHTS-OF-WAY 1N
CARLISLE BOROUGH, CUMBERLAND
COUNTY, PENNSYLVANIA, BY THE :
BOROUGH OF CARLISLE FOR THE :
DEVELOPMENT AND CONSTRUCTION:
OF A POLICE STATION AND PUBLIC :
MUNICIPAL BUILDING WITH :
RELATED FACILITIES :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
The Borough of Carlisle, a municipality of the Commonwealth of Pennsylvania, acting by
and through its Borough Council, does hereby file this Declaration of Taking and declares as
follows:
1. The Condemnor is the Borough of Carlisle (herein, "Borough") having its principal
offices at 53 West South Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. This Declaration of Taking is filed pursuant to the authority of Article XV, Section
1501, et seq. of the Pennsylvania Borough Code, Act of February 1, 1966, P.L. (1965) 1656, as
amended, 53 P.S. § 46501, etseq.
3. This Declaration of Taking is made and authorized by virtue of a Resolution duly
adopted by the Borough Council of the Borough of Carlisle at a public meeting held on December
12, 2002 at the Borough Office. The record of said public meeting, being the minutes thereof, and
the original Resolution, may be examined at the Borough Office, a copy of said Resolution being
attached hereto, marked as Exhibit "A" and incorporated herein by reference.
4. The purpose of this condemnation and the Declaration of Taking filed incidental
thereto is to acquire and secure land in fee simple for the development and construction ora police
station and public municipal building, with related facilities, by the Borough.
5. Attached to the Borough's Resolution (Exhibit "A") is a legal description and a
boundary survey of the land, consisting of four (4) tracts, situated in the Borough of Carlisle,
Cumberland County, Pennsylvania, necessary to be obtained for the purposes of the condemnation.
A copy of said description is being entered as of the date of filing hereof in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, at the Cumberland County
Courthouse in Carlisle, 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, 26 P.S. § 1- 404, as
amended.
6. The nature and extent of the title of and to the land acquired hereby is in fee simple
for the purpose of the development and construction of a police station and public municipal
building, with related facilities.
7. There is a Boundary Survey attached to Exhibit "A" which depicts the condemned
property; no separate Plan has been prepared.
8. The Borough has the power of taxation and the funds raised, or funds to be raised,
by the Borough's power of taxation shall be deemed pledged, and are hereby made security, for the
payment of the damages as shall be determined by law. Therefore, no bond is required under the
provisions of Section 403 (b) of the Eminent Domain Code aforesaid.
9. The name of the Condemnee is Pennsylvania Lines LLC, a Delaware Limited
Liability Company, with an address of 3 Commercial Place, Norfolk, Virginia 23510.
10. The Condemnee claims an interest in the land herein being taken, appropriated and
condemned.
11.
The legal description and the Boundary Survey attached to Exhibit "A" shall control
the identification of the land being taken.
12. The Borough has sufficient reserve monies necessary to pay just compensation and
has pledged its taxing power as herein stated.
Date:
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Solicitor for Borough of Carlisle
VERIFICATION
The foregoing Declaration of Taking is based upon information which has been gathered by
counsel in the preparation of this action. The language of the document is that of counsel and not
my own. I have read the document and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information and belief. To the
extent that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Borough of Carlisle
Steven J. Fishman, Council President
~,ESOLUTION NO. 12-12-02-09
BOROUGH OF CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA
A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF
CARLISLE, AUTHORIZING THE SELECTION, CONDEMNATION AND
APPROPRIATION OF CERTAIN LANDS, WITH ANY IMPROVEMENTS
THEREON ERECTED, SITUATED IN THE BOROUGH OF CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA FOR THE DEVELOPMENT,
CONSTRUCTION, OPERATION AND MAINTENANCE OF A POLICE
STATION AND PUBLIC MUNICIPAL BUILDING, AND AUTHORIZING THE
FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL
NECESSARY ACTIONS FOR THE ACQUISITION THEREOF
WHEREAS, the Borough of Carlisle (herein, "Borough") has proposed the development,
construction, operation and maintenance of a police station and public municipal building, with
related facilities, in the Borough of Carlisle, Cumberland County, Pennsylvania; and
WHEREAS, it is necessary that the Borough acquire and secure certain lands in the Borough
for such purposes; and
WHEREAS, the Borough has determined the need to acquire certain land, consisting of four
(4) tracts, all owned by Pennsylvania Lines LLC, a Delaware Limited Liability Company, a wholly
owned subsidiary of Norfolk Southern Railway Company, with an address of 110 Franklin Road SE,
Roanoke, Virginia 24042-0028, which will accommodate said police station and public municipal
building and related facilities, which land is more particularly described in a certain legal description
attached hereto, marked as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the Borough has attempted, but has been 'unsuccessful in negotiating the
acquisition of the land from said owner thereof; and
WHEREAS, in accordance with Article XV, Section 1501, et seq. of the Pennsylvania
Borough Code, Act of February 1, 1966, P.L.(1965) 1656, as amended, 53 P.S. {} 46501, etseq., the
Borough is authorized to acquire and secure title in fee simple in and to the said land for police
station and public municipal building purposes through eminent domain proceedings.
NOW, THEREFORE, on motion duly made, seconded and adopted by the Borough Council
of the Borough of Carlisle, Cumberland County, Pennsylvania, be and it is hereby:
Exhibit "A"
RESOLVED:
Section 1: This Borough hereby selects, condemns and appropriates those premises [four
(4) tracts] as set forth in the legal description (Exhibit "A") attached hereto and incorporated herein
by reference, and as shown on the Boundary Survey for the Borough of Carlisle dated August 21,
2002, revised through August 29, 2002, as prepared by Stephen G. Fisher, P.L.E., attached hereto
as Exhibit "B" and incorporated herein by reference, both of which indicate the land selected,
condemned a~d appropriated under the name of the owner of the property interest condemned as
above recited and as reasonably known to the Borough. The nature and extent of the title to be
acquired under this Section I is in fee simple.
Section 2: The Borough Council of the Borough of Carlisle and its proper officers are
hereby authorized to file such declarations of taking and such other papers, documents, and/or
proceedings, and to do and perform all other acts necessary and requisite to carry out the purposes
of this Resolution, and said officers and the Borough's employees or agents are authorized and
empowered to enter upon the lands to be taken, condemned and appropriated in order to make
studies, surveys, tests, soundings and appraisals, and to develop, construct, operate and maintain a
police station and public municipal building, with related facilities thereon.
Section 3: The Borough Council hereby pledges its power of taxation as security for the
payment of the damages as shall be determined by law and such power of taxation shall be deemed
pledged for such security and purpose.
Section 4: The institution of such proceedings, and any damages which may be awarded
to the owner or owners of the premises or lands shall be paid from such reserve funds and from such
tax revenues which may become available and from time to time appropriated by the Borough
through its Borough Council for such purposes.
DULY ADOPTED this 12th day of December, 2002, by the Borough Council of the Borough
of Carlisle in lawful session duly attended.
ATTEST:
Susan ~ Armstrong, Secretar~
The Borough.~e
By ~~) 9
Steven J. Fishman, Cot~ncil Pr~si~efi-f' '
EXHIBIT "A"
TO
A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF CARLISLE,
AUTHORIZING THE SELECTION, CONDEMNATION AND APPROPRIATION OF
CERTAIN LANDS, WITH ANY IMPROVEMENTS THEREON ERECTED, SITUATED IN
THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA FOR THE
DEVELOPMENT, CONSTRUCTION, OPERATION AND MAINTENANCE OF A POLICE
STATION AND PUBLIC MUNICIPAL BUILDING, AND AUTHORIZING THE FILING OF
A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTIONS
FOR THE ACQUISITION THEREOF
ALL THOSE CERTAIN four (4) tracts of land, with any improvements thereon erected, situate in
the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described pursuant to a
Boundary Survey for the Borough of Carlisle by Stephen G. Fisher, P.L.S., dated August 21, 2002,
revised through August 29, 2002, as follows:
Tract No. 1:
Beginning at a point in line of unopened West Penn Street at the southeast comer of land of the
Borough of Carlisle; thence by said land, North 30 degrees 00 minutes 53~ seconds East 239.00 feet
to a point in line of said land at the western line of unopened Factory Street extended; thence by
unopened Factory Street extended, South 05 degrees 50 minutes 00 seconds West 217.88 feet to a
point at the intersection of the western line of unopened Factory Street extended with the northern
line o funopened West Penn Street; thence bythe northern line of unopened West Perm Street, North
84 degrees 15 minutes 23 seconds West 97.90 feet.
Containing 10,665.55 square feet and being designated Tract No. 1 as shown on said Boundary
Survey.
Tract No. 2:
Begirming at an iron pin on the western right-of-way line of North West Street at its intersection with
land of Pennsylvania Lines, LLC; thence by lands of Pennsylvania Lines, LLC, South 69 degrees 53
minutes 05 seconds West 117.01 feet to a point in line of said land on the northern line of unopened
West Penn Street; thence by the northern line of unopened West Perm Street, North 84 degrees 15
minutes 23 seconds West 104.78 feet to a point at the intersection of the northern line of unopened
West Penn Street with the eastern line of unopened Factory Street extended; thence by the eastern
line of unopened Factory Street extended, North 05 degrees 50 minutes 00 seconds East 15.90 feet
to an iron pin at corner of land now or formerly of the Housing Authority of Cumberland County;
thence by said land, North 76 degrees 10 minutes 47 seconds East 222.99 feet to an iron pin on the
western right-of-way line of North West Street; thence by the western right-of-way line of North
West Street, South 05 degrees 50 minutes 00 seconds West 39.54 feet to an iron pin, the point and
place of Beginning.
Containing 8,495.43 square feet and being designated Tract No. 2 as shown on said Boundary
Survey.
Tract No. 3:
Beginning at a point at the intersection of the eastern tight-of-way line of a 16 feet wide unnamed
alley with the southern line of unopened West Penn Street; thence by the southern line of unopened
West Penn Street, South 84 degrees 15 minutes 23 seconds East 282.21 feet to a point on said line
at the line of land of Pennsylvania Lines, LLC; thence by land of Pennsylvania Lines, LLC, South
69 degrees 53 minutes 05 seconds West 314.04 feet to an iron pin on the eastern line of said 16 feet
wide unnamed alley; thence by the eastern right-of-~vay line of said 16 feet wide unnamed alley,
North 05 degrees 54 minutes 24 seconds East 136.97 feet to a point, the point and place of
Beginning.
Containing 19,326.93 square feet and being designated Tract No. 3 as shown on said Boundary
Survey.
Tract No. 4:
ALL THAT CERTAIN tract of land fo,merly comprising a railroad siding crossing situate and lying
in the bed of unopened West Penn Street, which tract of land is of a curved shape, the eastern
boundary of which, on the southern line of said unopened West Penn Street, is a distance of 78.8 feet
along a bearing of North 84 degrees 15 minutes 23 seconds West along said southern line of West
Penn Street fi.om the northeast comer of Tract No. 3 above described.
Being approximately 16 feet wide, more or less, and having a length of approximately 50 feet, more
or less, and being a shaded tract labeled "old location of railroad siding crossing" as shown on said
Boundary Survey.
OVERSIZED
DOCUMENT
F:\FILES\DATAFILE\Gendoc cur\3046-309, acpt serv
Created: 1/24/03 2:35:04 PM
Revised: 1/27/03 6:44:31 AM
IN RE: CONDEMNATION OF LANDS, :
EASEMENTS AND RIGHTS-OF-WAY IN:
CARLISLE BOROUGH, CUMBERLAND :
COUNTY, PENNSYLVANIA, BY THE :
BOROUGH OF CARLISLE FOR THE :
DEVELOPMENT AND CONSTRUCTION:
OF A POLICE STATION AND PUBLIC :
MUNICIPAL BUILDING WITH :
RELATED FACILITIES :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: cD...?-.5,'o'7
CIVIL ACTION - LAW
IN REM (EMrNENT DOMAIN)
ACCEPTANCE OF SERVICE
I hereby accept service of the within Declaration of Taking on behalf of Pennsylvania Lines
LLC, Condemnee, and acknowledge receipt of a tree copy of the same.
Date:
Randal S. Noe, Esquire ~c~'/~
Norfolk Southern ~, ac[[~'}
behalf of Pennsylvania Lines, LLC
Legal Department
3 Commercial Place
Norfolk, V.A 23510
(757) 533-4887
on
F: \FILESkDATAFILE\Gendoc.cur\3046-309.emdomaJm-el
Created: 1/24/03 2:44:10 PM
Revised: 1/27/03 7:5:27 AM
1N RE: CONDEMNATION OF LANDS,
EASEMENTS AND RIGHTS-OF-WAY IN
CARLISLE BOROUGH, CUMBERLAND
COUNTY, PENNSYLVANIA, BY THE :
BOROUGH OF CARLISLE FOR THE :
DEVELOPMENT AND CONSTRUCTION:
OF A POLICE STATION AND PUBLIC :
MUNICIPAL BUILDING WITH :
RELATED FACILITIES :
· IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO:
CIVIL ACTION - LAW
IN REM (EMINENT DOMAIN)
RELEASE OF CONDEMNEE
WHEREAS, by action duly taken in the above captioned matter, the Borough of Carlisle
(herein, "Condemnor") exercised its power of eminent domain to acquire four (4) tracts of real
property title to which was held by Pennsylvania Lines LLC, a Delaware Limited Liability Company,
with an address of 3 Commercial Place, Norfolk, Virginia 23510 (herein, "Condemnee") as more
fully set forth in the Declaration of Taking heretofore filed; and
WHEREAS, the parties have negotiated a settlement of Condemnee's damages and statutory
allowances for such taking for the total sum of $25,000.00, the full sum having been paid heretofore
to Condemnee by Condemnor.
NOW THEREFORE, in consideration of the payment of $25,000.00 to Condemnee, the
receipt of which is hereby acknowledged, the Condemnee does hereby remise, release, quit-claim
and forever discharge Condemnor, its successors and assigns, of and from any and all claims,
demands, damages, interest, attorneys fees, allowances and entitlements of whatsoever kind and
nature, statutory or otherwise, arising from and by reason of Condemnor's exercise of its power of
eminent domain over Condemnee's interest in the subject property as contained in the pleadings set
forth in the above captioned matter·
IN WITNESS WHEREOF, Condemnee has caused this Release to be executed and sealed
this
day of
,2003, intending thereby to legally bind itself, its successors assigns.
Edward L. Schorpp, lisqmre
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Solicitor for Borough of Carlisle ("Condemnor")
Randal S. Noe, Esquire
Norfolk Southern
Legal Department
3 Commercial Place
Norfolk, VA 23510
(757) 533-4887
Attorney for Pennsylvania Lines LLC
("Condemnee")