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HomeMy WebLinkAbout08-5451FTC6/CUMBERLAND CTY AGR/DEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46- 07-0477-014) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. 03- 5q.SI Civil Tu^m DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: ?William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 "'I6/CU ERLAND CTY AGR/DEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46-07-0477-014) NO. IN REM EMINENT DOMAIN CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. FTCNCUIBERLAND CTY AGR/DEC OF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. 5. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.069 acres in fee as required right-of-way for Township Road 405 and 0.166 acres in fee as required limit of slope for Township Road 405; a partial take. A plan of the property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with §304 of the Eminent Domain Code of 2006. 6. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures FrMCUMBERLAND CPY AGR/DEC OF TAKING necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, PENNSYLVANIA TURNPIKE COMMISSION DATE 'T I wa By ?- I 1y ?L?? William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Our Mission: To operate and manage a safe, reliable, cost effective and valued toll road system. TURN-? ??PIKEJ? Pennsylvania Turnpike Commission America's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPIKE WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes a conservation easement owned by the Cumberland County Agricultural Land Preservation Board, Right of Way No. 3173-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes a conservation easement owned by the Cumberland County Agricultural Land Preservation Board, Right of Way No. 3173-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. EWOMW EXHIBIT "A" 1-877-736-6727 paturnpike.com rimeurijilj I, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, hereby certify the foregoing to be a true and correct copy of an excerpt of the n tei of the eating of the Pennsylvania Turnpike Commission, held on the 5 day 2008, in Highspire, Pennsylvania, at which a quorum was present, and th said lotion was unanimously adopted. cir, S y hand and the Official Seal of said Commission this 5 -day of A.D. 2008. I A4&.Z A- Maio uis Edmundse' Assistant Secretary-Treasurer s W° W EEO nis Wag IN, ?F?g da dd?g € g?? `b+????g?€ C Ear ara ?a ffWg °g a4e;. N ffi ? `?' E 5 E9^ 1. Q 1 W ? S` •N ?Y. D 5--• i N ?yb b Cy b .D'll? CY µg? N ?--M_Z.F N i Eg6 M 5 M?? E 1N9M315 7 B MMZ y NVMN9l° ! ? N33tlJ J/N yy W ? 9 fMP7/dT 1/.T t a ?y a N Y o" ?Y r® mw O M N w O g N F w w Z Q W? 3A Nry II II I 3 I ?, n ? I II II II _ y? `a?N{ II IIII II II IS W ?? I ;II II o 14 a ??? ?I ~ O II ? a J I II I II I II IP W o N 3 h e r 3 IA J ??go 8 W? ? ?3 W i .9Yfy' 2? ,? M.ZIJN S 3?? fN a pa ?y g? N w a v) Y?8Y ? J 6C°F.JaWN O W w N i O V m It N w 3 0 N _ ° i $ 3 f 0 1 JN R e #2 cn O I J W4? ?S? a J o $ t ( ° .fi J ^ g w L u g"y w ?i8 8a ?S? ag ooop uadm 4 EXHIBIT "B" 0 Sao. a "' `?; / a>® ?mxvh? a ail / vZa z /// / b M1`+p?? W 4? V \ 4p a W S >f E Ij I II I I I 1 R? ? 4? o J9 Q h OZ'00.01'V1E '0'd r0 -,-- 3?yy? ? [W] ;i yyI h IA q ?I w M? ?? ?? ° SI 3 I Q b a ? i ? s ? I I ?$ a o I . e Hip ao• + I r E• ?.Y PIT M/Y sl=r o u#W7 04 7 AP41-,njAW& 7"3 rca ? fyy ??? \ 3 E: gg?gjgg Ar $ -n 1 a'ao y° --/?-- o-E3Nr7 'BM3. &U re ?' ? o ° $ o yE / ----------- l M/N 9 A3n WS C ° Ci gz7Fo F ` N M O C 11 N U. o b N w 8 w ®O +g ? la 3 ? E Y ? \ ?s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46-07-0477-014 NO. INREM EMINENT DOMAIN CONDEMNEES: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. Baled with the official seal of the said Commission and dated this day of 2008. ATTEST: PENNSYLVANIA TURNPIKE COMMISSION . )AA 0 6M 10C _440 Lo a dmu Assistant Secretary-Treasurer By: Mitc 11 Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief r oseph G. Brimmeier Sworn to and subscribed before me this J day of 2008. Old °x"x ak? Notary Public MY COMMISSION EXPIRES: COMMONWEALTH _OF PENNSYLVANIA Notarial Seal Roseann NebhW, Notary Public Middletown Boar, Dauphin County (?ppryrYiitlglUn Evires April 26, 2011 M?p??, nr,yiyAnI* Association of Notaries _ N Q 7'1 Tj ;' csr C7 Z J 00 `Lf Z ? j C-D rn .4-- <- .' • • o w ?y .€-- PCC6 MONERLAND CPY AGRIAIEM0 DRV Y • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46- 07-0477-014) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. 08-5451 CIVIL TERM MEMORANDUM OF DEED BOOK VOLUME IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, H, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 FrC&CUMBERLAND CrY AG%WMO DBV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) NO. 08-5451 CIVIL TERM WEST PENNSBORO, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) IN REM PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION PROJECT OF THE ) EMINENT DOMAIN PENNSYLVANIA TURNPIKE FROM ) MILEPOST 214 TO MILEPOST 227 ) (PARCEL ID NOS. 46-07-0477-085 and ) 46-07-0477-014) ) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD MEMO OF DEED BOOK VOLUME On September 15, 2008, NOTICE OF CONDEMNATION of the filing of the Declaration of Taking, in reference to the captioned action was recorded in the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200831199. HOLLINSHEAD, MENDELSON, BRESNAH & NIXON, P.C. Dated: 2008 BY 7>? William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscribed before me this (?I day of 2008. N,6tary Public COMMONWEAi H OF PENNSYLVANIA MY COMMISSION EXPIRES: seal Elizabeth J Notary Public City Of PittsbUtO1, A, ti:?gnenyCounty MyCOrr" , r7.,--o Aaaq. 22, 2010 Member, ul-,' of Notaries N ° ? _.? ? .- cn ?- -n . , Yr c. ? 'r' ? _? ??- j, ? . i ? ? y a -?cs7 -.^ ?. ? ...4 ? ..r .? F,TC6&V1& M AGR(AFF OF SEZACE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46- 07-0477-014) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. 08-5451 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE TO CONDEMNEE IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 . . , FrF&CUMB CfY AGRIAFF OF SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46-07-0477-014) NO. 08-5451 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared William P. Bresnahan II, who being duly sworn according to law, states that on September 22, 2008, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to Cumberland County Agricultural Preservation Board, a copy ofthe NOTICE TO CONDEMNEE, a copy ofwhich is attached hereto as Exhibit "A". Also attached hereto and made a part hereof as Exhibit "B" is a copy of the return receipt cards evidencing that Cumberland County Agricultural Preservation Board acknowledged receipt of said NOTICE TO CONDEMNEE on September 25, 2008. Dated: bc,Not>L¢_ l0 , 2008 Swop} to and subscribed before me this 1l? day of , 2008. --/'t I L4 G AtA No Public MY COMMISSION EXPIRES: HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. / BYZ v?--Lr William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission COMMONWEALTH OF PENNSYLVANIA Nota:rk eal Elizabeth J. Ba Notary Public City OF Pittsburgv-gheny County My Commission Es Aug. 22, 2010 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIIM COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH : OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46-07-0477-014 NO. 08-5451 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD NOTICE TO CONDEMNEES TO: Cumberland County Agricultural Preservation Board 18 North Hanover Street, 3rd Floor Carlisle, PA 17013 You are hereby NOTIFIED that a Declaration of Taking, a copy of which is attached hereto and made a part hereof, was filed by the Pennsylvania Turnpike Commission in the above-named Court on September 15 , 2008, at the above term and number. Your conservation easement has been condemned by the Pennsylvania Turnpike Commission. A Condemnation Plan showing the entire conservation easement owned and/or occupied by you and the area condemned along with a property description is also attached. You are further NOTIFIED that if you wish to challenge the power or the right of the Pennsylvania Turnpike Commission to appropriate the condemned property, the sufficiency of security, the procedure followed by the Condemnor or the Declaration of EXHIBIT A. .. ?? . ?? ?, ???.? Taking, you are required to file preliminary objections within thirty (30) days after having been - - - served with this NOTICE. PENNSYLVANIA TURNPIKE COMMISSION By: L?Ljk'?' ? William P. Bresnahan, Esquire Hollinshead, Mendelson, Bresnahan & Nixon, P. C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 Certificate of Residence is: P.O. Box 67676, Harrisburg, PA 17106-7676 • PTCGICUMGERLAND CPY AGRIOEC OR TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46- 07-0477-014) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD CIVIL DIVISION NO. DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 PMUCUMEERLAND CTY AGRIDEC OF TAKING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) NO. WEST PENNSBORO, ) CUMBERLAND COUNTY, ) IN REM COMMONWEALTH OF ) PENNSYLVANIA, FOR THE TOTAL ) EMINENT DOMAIN RECONSTRUCTION PROJECT OF ) THE PENNSYLVANIA TURNPIKE ) FROM MILEPOST 214 TO ) MILEPOST 227 ) (PARCEL ID NOS. 46-07-0477-085 ) and 46-07-0477-014) ) CONDEMNEE: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa. C.S.A. §302, and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. PTC6lCUMBERLAND CTY AGRIDEC OF TAKING 3. This Declaration of Taking was authorized by a Resolution adopted August 5, 2008 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as Exhibit "A". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests and a conservation easement, necessary to construct the total reconstruction of the Pennsylvania Turnpike project from milepost 214 to milepost 227 and its requirements. 5. The property condemned is situate in the Township of West Pennsboro, Cumberland County and consists of 0.069 acres in fee as required right-of-way for Township Road 405 and 0.166 acres in fee as required limit of slope for Township Road 405; a partial take. A plan of the property condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto and made a part hereof. Plans showing the property condemned are on the same day as this Declaration is being filed with the Prothonotary, being filed with the Office of the Recorder of Deeds of Cumberland County in accordance with §304 of the Eminent Domain Code of 2006. 6. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvement now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or hereafter acquired by the condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures PTdlcGMRERLAND CTY AGR/DEC Of TAKING necessary, convenient, or incident to the producing, mining or removing the minerals, oil, or- gas from beneath the surface of the land hereby condemned or from any other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices of West Pennsboro Township Building, 2150 Newville Road, Carlisle, PA 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C". Respectfully submitted, PENNSYLVANIA TURNPIKE CON MISSION DATE `f W o BY William P. Bresnahan David L. Nixon William P. Bresnahan, II John F. Dwyer 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Tumpike Commission Our Mission; To operate and manage i safe, reliable, cost effective and valued toll road system. H iYFNNA '' ?T,LJRN- PIKE Pennsylvania Turnpike Commission A?nerica's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTIO PROJECT FROM MILEPOST 214 TO MILEPOST 227 OF THE PENNSYLVANIA TURNPIKE WHEREAS, in order to facilitate vehicular traffic within and across the Commonwealth, the Pennsylvania Turnpike Commission is authorized and empowered to construct, operate and maintain the Turnpike, which project now before the Commission consists of the construction of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes a conservation easement owned by the Cumberland County Agricultural Land Preservation Board, Right of Way No. 3173-B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required by Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amended, has approved the location of the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it is hereby resolved by authority of the same, that the acquisition of required property by purchase or condemnation according to law is authorized for this the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 specifically includes a conservation easement owned by the Cumberland County Agricultural Land Preservation Board, Right of Way No. 3173-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right-of-way for the total reconstruction of the Pennsylvania Turnpike from milepost 214 to milepost 227 shall be acquired by the Pennsylvania Turnpike Commission by purchase or condemnation under the provision of the Acts of Assembly, in fee simple or such lesser estate as the Commission shall determine necessary therefore. IF_ FMIBIT "A" 1-877-736-6727 paturnpike.com CERTIFICATION I, ANN LOUSE EDMUNDS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, hereby certify the foregoing to be a true and correct copy of an excerpt of the M' ute ?of the eeting oTthe Pennsylvania Turnpike Commission, held on the .5 day , 2008, in Highspire, Pennsylvania, at which a quorum was present, and th said solution was unanimously adopted. SS y hand and the Official Seal of said Commission this - day of A.D. 2008. D A? ouis Edmund Assistant Secretary-Treasurer 00 t vl {bi its ENS, ??? +$yff?,?3; C ?;tla fQd .J6? ;?Y' 4QQ ??? t W? 1 RI ti JAY Cf ga ttvz 't a ,ti 'rsrs a??. .a-cs.s s? Y -'AY r? N ? s C [ O a M ij.J M 7.N ?} i?s ? fl N g wy gE ? Z C i N J a 4 ?nSa 0 S' wl ? ..+sWN V vaj.51T "'B It V- 0 J a 0 W O ? u N Y? ? Y . o 5 N W p 4 . W8? ?l O W?F O`er X 8 c `>? ?ra ? y FIB sY ? r 0 d Sao ??. as 4.+'? , ? . g tea= aa. ? y ® 4 k ;O•' l4e O r 1?Q?M i" 1•+' _y••r?swn..- ?ro tl? z M a Ivm a m s« a 4 O0. O °= a$ u 5 w C'l r° o s ia- z Ip ? F a z Yr to oN a 1 r ? QQ'' a ° 1 <' - ? ? ? 2 W W a z I /^'? ?4 N G. S N ? W w t ati^? ? ?--®O ? a g a 0 V it 3 » ( 1" A i I $ I (S Ilili?l It i 81? 4 n a 1 lil 3? $ 1q ?d ? o wi $ 1 i ` a 5 1 1 ? ? { 1 1 ` q i ' ?< 3 1 1 4_ 8 3 .nova 1 ` - ' lt'• a f ? !- y 1 1 1 1 ? 1 It { 11 + 1 1 o U ? 1 w [? fUy?v \ 1 1 e I w r ie ? ?E6 M Ago, ' Nb -x---' 11-- Y ti 7: i? 4 O n 03jy,r/7 ?! ,iM'? A?M.?n•1fff? rgJ7 y Miu y ra?? i , s s sB 4 A gy Z x `g?+My?p? .61 r g s w ?1 lit two € ?? dr 9 1 ''a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OTPROPERTY LACATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH : Of PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION PROJECT OF THE : PENNSYLVANIA TURNPIKE FROM MILEPOST 214 TO MILEPOST 227 (PARCEL ID NOS. 46-07-0477-085 and 46-07-0477-014 NO. IN REM EMINENT DOMAIN CONDEMNEES: CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Commonwealth of Pennsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Declaration of Taking filed in the above-named Court at the above term and number and pay such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike Commission shall pay to the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; otherwise to be and remain in full force and effect. ealed with the official seal of the said Commission and dated this B day of )2008. ATTEST: PENNSYLVANIA TURNPIKE COMMISSION . P, 1) f JAU44.4 Lo e dmu Assistant Secretary-Treasurer By: Mitc ll Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chief Executive Officer of the Pennsylvania Turnpike Commission and makes this Affidavit on its behalf, being familiar with the facts and having authority so to do; and that all the statements in the foregoing Declaration of Taking are true and correct to the best of his information, knowledge and belief. *//oseph G. Brimmeier Sworn to and subscribed before me this day of 2008. Notary Public MY COMMISSION EXPIRES: GOMM(.)NVVL N:-T:,, <ac:P NNSYI vRNIR t4otariai Neal Foania,m Pderhingei., Notary Public Mld(4rituv,q'i Boiv, Dat# yin county My f rnurd i vh?tf t s4,ires April 26; 2011 `??y????f?'!f!5!?•litlidUlia f.1 b`(tl:iadlun of Nolariea t?lwrr?tr??', s ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 If Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Addressee - -so that we can return the•cmd to -you.-------- B. Received by ( Name).-- -C. of DeiNery--- ¦ Attach this card to the back of the mallplece, Q -%70P P / or on the front if space permits. _ - D. Is delivery addres s different from Rem 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No Cumberland Cty. Agri. Presv. Boa k 18 North Hanover Street, 3rd Fl. Carlisle, PA 17013 3. Service Type X.CertMied Mall O Express Mail ? Registered ? Return Receipt for Merck ?,. ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) T 2. Article Number 7007 2680 0003 1304 9235 Y R EXHIBIT (Transfer from service ?abe+) PS Form 3811, February 2004 Domestic Return Receipt 0244-155 ; of neW.]