HomeMy WebLinkAbout07-5463IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 0034, SECTION 015 R/W, IN
THE TOWNSHIP OF SOUTH
MIDDLETON
No. o ~ -- sy G~ Grti~l ~u~.
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. 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.
4. The within condemnation has been authorized by a plan signed by the
Secretary of Transportation on July 24, 2007, titled "Drawings Authorizing Acquisition
of Right-of--Way for State Route 0034, Section 015 R/W in Cumberland County", a copy
of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page
188 on August 6, 2007.
5. The purpose of the within condemnation is to acquire property for
transportation purposes.
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 places indicated on the attached
Schedule of Property Condemned or, if not shown thereon, on the day of the filing of this
document being lodged for record or filed in said Recorder's Offices, where they may be
inspected.
8. The nature of the title hereby condemned is fee simple, excepting and
reserving on Pazce13 a real property interest in the nature of an easement for its facilities
to Met-Ed, successor in interest to Metropolitan Edison Company, by an unrecorded
instrument dated January 28, 1988.
9. In the event there are recoverable minerals (including gas and oil) within
the areas, if any, hereby condemned in fee simple, the mineral rights (including rights to
gas and oil) in those azeas aze hereby excepted and reserved from this condemnation,
provided however, that the right of support of the azeas condemned is included within the
scope of this condemnation, and no access from the surface of such azeas 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, 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 penalties provided in 18 Pa. C. S. §4904, relating to false swearing to
authorities.
WHEREFORE, fee simple title, excepting and reserving a real property interest in the
nature of an easement for its facilities to Met-Ed, is hereby condemned from the property
identified on the attached Schedule of Property Condemned, as indicated on the plans
referenced in paragraph 7 above.
Gary C. awver, P.E.
Chief, Utilities and Right of Way Section
Page 1 of 1
COMMONWEALTH OF 1'~NNSYLVANIA
RW-437 (9/06) DEPARTII~NT OF TRANSPORTATION
ROW OFFICE PROJ. NO. 080222
COUNTY CUMBERLAND
S.R. -SECTION 0034015
MUNICIPALITY SOUTH MIDDLETON
TOWNSHIP
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
" 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 if an Descri Lion Recorded in
3 2100396000 PT CALA-J FARM, L.P., a Pennsylvania R Cabinet 3,
Limited Partnership Drawer 1
James K. Adams & Arlene L. Adams, Page 188,
General Partners Sheet 10 of 10
Mailing address:
552 Park Drive
Boiling Springs, PA 17007-9503
Location of Property:
Deed Book 253, Page 680
County of Cumberland
Agricultural Land Preservation Board
Mailing Address:
c/o 18 N. Hanover Street, 3`~ Floor
Carlisle, PA 17013-3013
South Middleton Township
Mailing Address
520 Park Drive,
Boiling Springs, PA 17007-9536
As their interests may appear
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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 STATE
ROUTE 0034, SECTION 015 R/W,
IN THE TOWNSHIP OF SOUTH MIDDLETON
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in-Charge, R/W
ID No. 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 NO.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF
THE RIGHT-OF-WAY FOR
STATE ROUTE 0034, SECTION 015 R/W, EMINENT DOMAIN PROCEEDING
IN THE TOWNSHIP OF SOUTH IN REM
MIDDLETON
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 Pennsylvania, Department of Transportation,
Condemnor in the above-captioned proceedings.
Assistant Counsel in Charge,
Dated: 9. ~ D. O'7
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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 THE RIGHT-
OF-WAY FOR STATE ROUTE 0034,
SECTION 015 R/W, IN THE TOWNSHIP
OF SOUTH MIDDLETON
NO. d ~-Sy63 TERM, 20
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 ~~k~ /~ ~ 7 ,was recorded in the
office of the Recorder of Deeds of the above county in-~'s1`• n1a.~ ~~~~,p , p~~
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
District Right of Administrator
Engineering District No. 8-0
Page 1 of ]
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
.SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. N0. 080222
COUNTY CUMBERLAND
S.R. -SECTION 0034-015
MUNICIPALITY SOUTH MIDDLETON
TOWNSHIP
.~...~~.
TYPE OF TAKE TYPE OF DESCRIPTIOP
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
Claim
.Number
Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro Attached
Exhibit
Number
if an
"Type of
Descri tion
Plan (if any)
Recorded in
3 2100396000 PT CALA-J FARM, L.P., a Pennsy]vania R Cabinet 3,
Limited Partnership Drawer 1,
James K. Adams & Arlene L. Adams, Page 188,
General Partners Sheet 10 of l 0
Mailing address:
552 Park Drive
Boiling Springs, PA 17007-9503
Location of Property:
Deed Book 253, Page 680
County of Cumberland
Agricultural Land Preservation Board
Mailing Address:
c/o 18 N. Hanover Street, 3'd Floor
Carlisle, PA 17013-3013
South Middleton Township
Mailing Address
520 Park Drive,
Boiling Springs, PA 17007-9536
As their interests may appear
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