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Home My WebLink About00-07493 ~~J~ """""'.<m", L 1 I ~ ~ ''t:~''''ft:{,~ , . .~\ " " " / . DMB: DD:mep IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff 71J,. 1)1). ?'-/'1:3 ~ TIv- v. CIVIL NO. 1:CV-00-1763 (Rambo, J.) (Smyser) 66.84 ACRES OF LAND, MORE OR LESS, SITUATE IN SOUTH NEWTON AND SOUTHHAMPTONTOWNSHIPS, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, Tract 372-01 and TUMBLING RtJ'N GAME PRESERVE, and Defendants FILED HARRISBURG OCT 2 0 2000 ::RY E. . NDREA, CLERK CLERK UNKNOWN OWNERS and LIS PENDENS NOTICE Notice is hereby given that on October 5, 2000, a Complaint in Condemnation was filed in the united States District Court for the Middle District of Pennsylvania, which is a condemnation proceeding brought on behalf of the United States of America at the request of the United States Department of Interior for taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in inter~st ~~~~~-~~~- Fe:!~:~?~~~ . .~pllty CiQl'k .!fMf ~~~ """. ., ,OL.... ~"'.'ll~> " (Title 16, United States Code, ~ 257). Subject land is required for the proper administration, preservation, and development of the Appalachian National Scenic Trail for the use, benefit, and enjoyment of the public. (Title 16, United States Code, ~~ 4601-4, et ~., 1241, et ~., ). The purported owners and interested parties are described in Schedule "B" attached hereto and made a part hereof. The use for which this property is taken and the authority for the taking are set forth in Schedule "K' attached hereto and made a part hereof. In order to give due notice of such suit, the United States of America is causing these presents to be executed by its United States Attorney. This, the ~ day of October, 2000. Respectfully submitted, DAVID M. BARASCH United States Attorney [lJ~ O~ DULCE DONOVAN Assistant United States Attorney Federal Bldg., Suite 220 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108-1754 (717) 221-4482 2 ;.1ii"1l - . >C. - 1 ~ ~"~ '"'-~'l'.ld.::lrie~", I SCHEDULE "A" APPALACHIAN NATIONAL SCENIC TRAIL AUTHOroTYFORTHET~G The authority for the taking of the land is under and in accordance with the Act of Congress approved August], 1888, 25 Stat. 357, as amended, 40 U.S.c., sec. 257; the Land and Water Conservation Fund Act of 1965, 78 Stat. 897, as amended, 16 U.S.c., sec. 460j-4, ~ ~.; the Act of October 2, ]968, 82 Stat. 919, as amended, 16 U.S.c., sec. 1241, et ~., which Act authorized the Appa]achian Nationa] Scenic Trai], and under the authority of the Department of the Interior and Related Agencies Appropriations Act, Fisca] Year 1999, signed October 21,1998, Public Law 105-277, which Act appropriated funds for such purposes. PUBLIC USES The public uses for which said land is to be taken are as follows: The land is required for the proper administration, preservation, and development of the Appalachian National Scenic Trail for the benefit and enjoyment of the public. The said land has been selected for acquisition by the United States of America for said purposes, and for such other uses as may be authorized by Congress or by Executive Order. , ~I ~~ ,~.~ ..I j SCHEDULE"B" Tract 372-01 All that certain tract or parcel ofland lying and being situated in South Newton and Southampton Townships, Cumberland County, Commonwealth of Pennsylvania, and being more particularly described as follows: BEGINNING at Michaux State Forest boundary corner #237, being a corner common to lands of the Commonwealth of Pennsylvania, Michaux State Forest and subject owner, as shown on a plan for said Michaux State Forest, dated August 19, 1972, District No. I, Map Section 2, said corner located at the end of the 10th line of a deed from Grover C. Myers, Trustee of Tumbling Run Game Preserve, to Tumbling Run Game Preserve dated Apri114, 1931 and recorded October 26, 1931 in Deed Book F, VoL II, Page 273 intheOfficeforthe Recording of Deeds of Cumberland County, Commonwealth of Pennsylvania; thence, following the II th line of said deed, with the boundary line of said Michaux State Forest, North 660 27' East, 3,650 feet, more or less, crossing the Southampton/South Newton Township Line, to a point on said boundary line; thence, severing the lands of subject owner, South 430 31' 34 u West, 4,095.75 feet, recrossing said Township Line, to a point on the 10th line of aforesaid deed, being on the boundary line of said Michaux State Forest; thence, following the 10th line of said deed, with said boundary line, North 190 10' West, 1,600 feet, more or less, to the point of beginning. Containing 66.84 acres, more or less. The above-described parcel, designated as Tract 372-01, Appalachian National Scenic Trail; is a portion of the same land acquired by Tumbling Run Game Preserve from Grover C. Myers, Trustee, by deed dated April 14, 1931 and recorded October 26, 1931 in Deed Book F, VoL 11, Page 273, in the Office for the Recording of Deeds of Cumberland County, Commonwealth of Pennsylvania. I , ~ "',-.&,,,,,,~,,,~;.I;,, - . , L <'-' !'.lL, < SCHEDULE "B" - CONTINUED ESTATE TO BE ACOUIRED: The fee simple title, subject to existing easements for public roads and highways, public utilities, railroads and pipelines. Reserving unto Tumbling Tun Game Preserve, its successors and assigns, the right to use and maintain the existing dirt and gravel road within a right-of-way 20 feet in width and as approximately shown on the attached Exhibit B for ingress and egress to its remaining property. The surface shall remain dirt and/or graveL Also reserving unto Tumbling Run Game Preserve, its successors and assigns, the right to install and maintain underground utility lines within the right-of-way. NAMES AND ADDRESSES OF PURPORTED OWNERS: Lawrence 1. Keating, Esquire Tumbling Run Game Preserve 1533 Quarry Lane Lancaster, Pennsylvania 17603 NAMES AND ADDRESSES OF OTHER PAR TillS WHO MAY HA VB AN INTEREST IN THE LAND: . Ms. Pat Jackson South Newton Township Tax Collector 717 East Main Street Box 57 Walnut Bottom, Pa 17266-0057 By virtue of a possible lien for County, Township and Schoel taxes. Ms. Vivian Coy Southampton Township Tax Collector 110 Railroad Land Shippensburg, PA 17257 By virtue of a possible lien for County, Township and School taxes. Commonwealth of Pennsylvania c/o Deputy Attorney General State Capitol Harrisburg, P A 17105 By virtue of taxes settled by the Commonwealth of Pennsylvania against Grantor Corporation and unsettled taxes and other charges due to the Commonwealth of Pennsylvania. Unknown Owners 2 ;JJ"I.I'~ , I '_.O_''"1l~_~ 'I , '-';;"".''\:: , ~'<>~:,'< /'. <\. o~ ',,< . ~"" ~'"o-<;> ~O~-<;>~ ~e ..., 0"" ,"0-<;> so';).' ~-<$'~ .;y"" so-v .l :: 0 en co \ \ \ \", /.: X :/ \<>, \ " " "- \ E- ....... co ....... - ..:-. >< (:J::l <l) ;> .. <l) rJ) <l) l- e.. >< =' <'tl ..c:: () .- :::E <l) 8 ~ +1 " U < ";,~ i a /, " ~ II " , " I' .- " " - ,i '\\' ~ ~'\ \ ,8 ." =' ~\ :I~I \',>\ ~ ~\ . c- ' ,,: C'"l . ~~> ~\ " 1>",\ ' ' ~.~ " \" "'0;.\ '" v)^\ ,,/J II ~.... ./" \\--- \ ~...(/'- \ \ ) ~ " -------- _// " 0<-' -'" ---;/----:./ \' \ .0'" --<---- " ",'00 ~~.>:::.-:/~ \\ '/,0' _~<:;.----r ,', -:;:..-<< ',' " ':' \ 0 " " " c ~o u -' tIl <l) .. o "'- <l) . -' <'tl -' C/') \ \ \ ~ - - . c -r- 0", U", .~ .. oi .~'~ - _....J. ~ _ I" ,;~ !<!~...,. ., '':' . IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff v. CIVIL NO. 1:CV-00-1763 (Rambo, J.) (Smyser) 66.84 ACRES OF LAND, MORE OR LESS, SITUATE IN SOUTH NEWTON AND SOUTHHAMPTON TOWNSHIPS, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, Tract 372-01 and TUMBLING RUN GAME PRESERVE, and UNKNOWN OWNERS and Defendants CERTIFICATE OF SERVICE BY MAIL The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Middle'District of Pennsylvania and is a person of such age and discretion as to be competent to serve papers. That on October 20, 2000, she served a copy of the attached LIS PENDENS by placing said copy in a postpaid envelope addressed to the person hereinafter named, at the place and address stated below, which is the last known address, and by depositing said envelope and contents in the United States Mail at Harrisburg, Pennsylvania. -I Lawrence J. Keating, Esquire Tumbling Run Game Preserve 1533 Quarry Lane Lancaster, PA 17603 Pat Jackson South Newton Township Tax ColI 717 E. Main Street, Box 57 Walnut Bottom, PA 17266-0057 Commonwealth of Pennsylvania c/o Deputy Attorney General Strawberry Square Harrisburg, PA 17105 / "" / ,'pffi;)( u/C/" ':/' .J mberly A. Ste ens Paralegal Specialist Vivian Coy Southampton Township Tax ColI 110 Railroad Lane Shippensburg, PA 17257 , ,~ ~-'.' "'1 "llilbl~~~I~Ii~jW~~Ji';l!!lJi~~~~d!~)W ~r " "" -<, -" .." t"1). ~\ ~ ~ S 0 ~ "- '\-0 ~ ts "? w " '" ~\ , , . ~. !iJ~-f -. 1JI ,~ .....,..,-"~- to, - o Si: -Or:. 920-- ;:;. ~~l~ 2;c. .:1-_,'--' ;; ~:~~ L~ .-II:r"~~ ~-~ -<. *tiiiio~- I c:.,. r:-) :-:-:1 :;-:> --I ;-..., ." .-J--- .-J ~ ~ J1 .,~ b- " ~ T '" - ..(, 'a, tr: