HomeMy WebLinkAbout03-53321N 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 2014, SECTION 007, IN THE
TOWNSHIP OF HAMPDEN
NO. d d.t/
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 Article W, Section 402, of
the Eminent Domain Code, Act of June 22, 1964, P, L. 84, 26 P. S. 1-402, as amended,
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 August 4, 2003, titled "Drawings Authorizing
Acquisition of Right-of-Way for State Route 2014, Section 007 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 146 on August 12, 2003.
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, reserving and
excepting therefrom an easement and/or privilege and fight to Pennsylvania Power &
Light Company for its uses as visible on the subject premises and as their interests may
appear on parcel 1, as depicted on the plans referenced in paragraph 7 above, and a
temporary construction easement.
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 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, R. Scott Christie, P.E. Acting Director, Bureau of Design, 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 amd 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 sweating to
authorities.
WHEREFORE, fee simple title, reserving and excepting therefrom an easement
and/or privilege and right to Pennsylvania Power & Light Company for its uses as visible
on the subject premises and as their interests may appear on parcel 1 as depicted on the
plans referenced in paragraph 7 above, and a temporary construction easement are hereby
condemned from the property identified on the attached Schedule of Property
Condemned, as indicated on the plans referenced in paragraph 7 above.
R. Scott Christie, P.E.
Acting Director
Bureau of Design
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 2014, SECTION 007,
IN THE TOWNSHIP'OF HAMPDEN
DECLARATION OF TAK1NG
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
RW437 (10/99)
REMIS Proj. No. 080127
County Cumberland
Route-Section 2014-007
Municipality Hampden Township
Route-Sec. 978
Parcel Claim
No. Number
1 21001680000
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
*TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recordin~ with Notice
of Condemnation
R- Plan now recorded in Reeorder's Office
Name, Mailing Address, Property
Interest of Condemnees, and Location
of Condemned Property
F. W. Woolworth Co.
c/o Foot Locker Specialty, Inc.
Edgar J. Swain, President
c/o C T Corporation System
1635 Market Street
Philadelphia, PA 19103
And
Attached
Exhibit Type o:
Number Descrlp
(if any) tion
R
Kinney Service Corporation
c/o Venator Group Corporate Services,
lnc.
Harold C. Rowen, President
3543 Simpson Ferry Road
Camp Hill, PA 17011
As their interests may appear
Page 1
Plan (if any)
Recorded in
Cumberland County
Recorder of Deeds
Cabinet 3, Drawer 1,
Page 146
Sheets 3, 5 and 6
Locmion ofproperty:
DB 129, page 393
DB 129, page 387
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 2014,
SECTION 007, IN THE TOWNSHIP OF
HAMPDEN
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 Pennsylvania, Department of Transportation,
Condemnor in the above-captioned proceedings.
Assistant C~
sel m hare
Dated:(~ ~c"fT. b ~
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 2014,
SECTION 007, IN THE TOWNSHIP OF
HAMPDEN
NO. 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 Oe.-n(~,,z~ ~ -'~-~3 , was recorded in the office of the
Recorder of Deeds of the above county in O'~oo/c 70.2. , Page(s) ~,m~f'
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
District l~ight of Way Administrator
Engineering District No. 8-0
RW432 (03/99)
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
1N RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 02014, SECTION 007
1N THE TOWNSHIP OF HAMPDEN
NO. 5332 CIVIL TERM, 2003
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Wa'.
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, an,
that on or before October 15, 2003, notice of the filing of the declaration of taking in the above mattei wa
served on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domai
Code, Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto an~
made part hereof.
Sworn to and subscribed before me
Notary Public
My Commission Expires:
NOTARIAL SEAL
GEORGE D. ACHENBACH II, Notary Public
Susquehanna Twp., Dauphin County
[ My Commission Expires__May 22, 2004
District Right-~vVay Administrator
RW437 ( 10/99}
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCI-IEDULE OF PROPERTY CONDEMNED
REMISProj. No. 080127
County Cumberland
Route2Section ' 2014-007
Municipality Hampden Township
Route-Sec. : 978
Claim
Number
21001680000
Parcel
1 No.
(Declaration of Taking)
'TYPE OF DESCRIPTION
D- Deed Description '
P- Plan lodged for recording with Notice
of Condemnation
R- Plan now recorded in Reoorder's Office
Name, Mailing Address, Property
Interest of Condemnees, and Location
of Condemned Property
F. W. Woolworth Co.
c/o Foot Locker Specialty, Inc.
Edgar J. Swain, President
c/o C T Corporation System
1635 Market Street
Philadelphia, PA 19103
And
Kinney Service Corporation
c/o Venator Group Corporate Services,
Inc.
Harold C. Rowen, President
3543 Simpson Ferry Road
Camp Hill, PA 17011
As their interests may appear
Location ofproperty:
DB 129, page 393
DB 129, page387
Attached
Exhibit
Number
(if any)
Page 1
Plan (if any)
Recorded in
Cumberland County
Recorder of Deeds
Cabinet 3, Drawer i,
Page 146
Sheets 3, 5 and 6