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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR TOWNSHIP ROAD T-100 IN
THE TOWNSHIP OF UPPER ALLEN ,
NO. Q 7-~~~ ~ cl~~~
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of
the Eminent Domain Code, 26 Pa. C. S. § 302, respectfully represents that:
1. The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, acting through the Secretary of Transportation.
2. The address of the Condemnor is:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
3. (a) `The Department of Transportation is authorized by the provisions of
Section 2003(e} of the Administrative Code of 1929, P.L. 177, 71 P.S. §513(e), as amended,
to acquire by gift, purchase, condemnation, or otherwise, land in fee simple or such other estate or
interest as it shall determine, in the name of the Commonwealth for all transportation purposes.
(b) The Department is further authorized by the provisions of Section 2003(e),
in particular, sub-section (2)(ii), 71 P.S. §513(e)(2)(ii), to acquire land abutting a highway or
other transportation facility if the Secretary determines such land is required for the purpose of
mitigating adverse effects on other land adversely affected by its proximity to such highway or
transportation facility.
4. The within condemnation has been authorized by a plan signed by the Secretary of
Transportation on October 27, 2005, titled "Drawings Authorizing Acquisition of Right-of-Way
for Township Road T-100 (Sand Dollar Drive) Section R/W in Cumberland County on Behalf of
Upper Allen Township," a copy of which plan was filed in the County Recorder's Office in
Cabinet 3, Drawer 1, at page 168, on November 9, 2005. The aforesaid plan was revised and
reauthorized by signature of the Secretary of Transportation on July 12, 2006, a copy of
which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 177,
on August 3, 2006. The aforesaid plan was subsequently revised and reauthorized by signature
of the Secretary of Transportation on April 24, 2007, a copy of which plan was filed in
the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at 187, on May 2, 2007.
5. The purpose of the within condemnation is to acquire property for
transportation purposes and to acquire property to replace wetlands in order to mitigate
adverse effects on other land adversely affected by its proximity to the project.
6. A Schedule of Property Condemned identifying and specifying the location of
the property hereby condemned is attached hereto and made a part hereof.
7. Plans showing the property hereby condemned may be inspected in
the Recorder's Office of the aforesaid County at the place indicated on the attached Schedule of
Property Condemned or, if not known thereon, on the day of the filing of this document
being lodged for record or filed in said Recorder's Office, where they may be inspected.
8. The nature of the title hereby condemned is fee simple, excepting and reserving
therefrom on Parcel 6 an easement to the Upper Allen Township Sewer Authority, formerly
known as the Upper Allen Township Authority, as evidenced by an instrument dated
March 17,1973, and recorded in Deed Book 217 at page 529 on September 30,1975; also condemned
are a drainage easement and temporary construction easements.
9. In the event there are recoverable minerals (including gas an oil) within the areas,
if any, here condemned in fee simple, the mineral rights (including rights to gas and oil) in
those areas are hereby excepted and reserved from this condemnation, provided, however, that
the right of support of the areas condemned is included within the scope of this condemnation, and
no access from the surface of such areas for removal purposes will be allowed without permission
from the Commonwealth.
10. The payment of just compensation in this matter is secured by the Commonwealth's
power of taxation.
11. I, Gary C. Fawver, P. E., Chief of the Utilities and Right-of-Way Section, of
the Department of Transportation, do hereby depose, swear, and affirm that I am authorized by
and do hereby execute this Declaration of Taking on behalf of the Commonwealth of Pennsylvania,
Department of Transportation, and that the averments contained and set forth herein are true and
correct to the best of my knowledge, information, and belief, and are made subject to the penalties
provided in 18 Pa. C.S. §4904, relating to false swearing to authorities.
WHEREFORE, fee simple title, excepting and reserving therefrom on Parcel 6
an easement to the Upper Allen Township Sewer Authority, a drainage easement, and
temporary construction easements are hereby condemned from the property identified on
the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7
above.
.~ C ..--_
Gary C. Fa er, P. E.
Chief, U ~ ties and Right-of-Way Section
page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking) ~ ~
REMIS Pro'. No. 080186
Cozen Cumberland
S.R.-Section T .Road T-100
Munici alit U er Allen Townshi
*TYPE OF TAKE
PT -Partial Take
TT -Total Take
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
*Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro a Attached
Exhibit
Number
if an
~~Type of
Descri tion
Plan (if any)
Recorded in
6 2100291000 PT Grantham Court Homeowners R Cabinet 3,
Association, Drawer 1,
Gilbert Lozano, President Page 187,
Sheet 12A
Mailing Address:
P.O. Box 244
Grantham, PA 17027-0244
Location of Property:
Deed Book X-35 Page 1126
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR TOWNSHIP ROAD T-100,
IN THE TOWNSHIP OF UPPER ALLEN
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in Charge, R/W
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR TOWNSHIP ROAD T-100, IN
THE TOWNSHIP OF UPPER ALLEN
NO.
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge, R/W,
Office of Chief Counsel, Department of Transportation, P. O. Box 8212, Harrisburg PA 17105-8212,
as attorney for the Commonwealth of Per-nsylvania, Department of Transportation, Condemnor in
the above-captioned proceedings.
Christopher J. Cl ants
Assistant Coups 1 in Charge, R/W
Dated: C • (y ~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-WAY
FOR TOWNSHIP ROAD T-100, IN
THE TOWNSHIP OF UPPER ALLEN
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of
Taking filed to the above term and number on ~~r y /~ ~c 7 ,was recorded in the office of
the Recorder of Deeds of the above county in ~~~ ~ d 73 7 ,page(s) i~ ~~ .
The condemnation book and page number, file number, or microfilm number of
any property plat filed or microfilmed separately from the said Notice of Condemnation is shown
on the list of property condemned which is attached hereto.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BY_ ~ ~~
~r,, District Right-of-Way Administrator
Engineering District 8-0
page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS Pro'. No. 080186
Coun Cumberland
S.R.-Section T .Road T-100
Munici ali U er Allen Townshi
*TYPE OF TAKE
PT -Partial Take
TT -Total Take
PENNDOT
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of Attached
*Type Condemnees, Mailing Address, Exhibit
Parcel Claim of and Location of Condemned Number `Type of Plan (if any)
No. Number Take Pro a if an Descri tion Recorded in
6 2100291000 PT Grantham Court Homeowners R Cabinet 3,
Association, Drawer 1,
Gilbert Lozano, President Page 187,
Sheet 12A
Mailing Address:
P.O. Box 244
Grantham, PA 17027-0244
Location of Property:
Deed Book X-35 Page 1126
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