HomeMy WebLinkAbout04-2153IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE NO. Ot'~-- a~,l~".~ ~.~;I
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 1006, SECTION 001, IN THE EMINENT DOMAIN PROCEEDING
BOROUGH OF CAMP HILL, IN REM
TOWNSHIP OF EAST PENNSBORO
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Article IV, 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 April 8, 2004, titled "Drawings Authorizing Acquisition
of Right-of-Way for State Route 1006, Section 001 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
154 on April 12, 2004.
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 easement for transportation
purposes, reserving and excepting therefrom an easement to Pennsylvania Power and
Light Company, on parcel 19, as shown in the utility agreement between Pennsylvania
Power and Light Company and Holy Spirit Hospital of the Sisters of Christian Charity,
dated November 21, 1963, as depicted on the plans referenced in paragraph 7 above, and
temporary construction easements.
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 fight 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, M. G. Patel, P.E., Chief Engineer, Highway Administration, 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 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, an easement for transportation purposes, reserving and excepting
therefrom an easement to Pennsylvania Power and Light Company, on parcel 19 as
depicted on the plans referenced in paragraph 7 above, and temporary construction
easements are hereby condemned from the properties identified on the attached Schedule
of Property Condemned, as indicated on the plans referenced in paragraph 7 above.
M. G. Patel, P.E.
Chief Engineer
Highway Administration
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 1006, SECTION 001,
IN THE BOROUGH OF CAMP HII.L,
TOWNSHIP OF EAST PENNSBORO
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in-Charge, RFC/
Supreme Court 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.
County
Fed. Proj, No.
Municipality
Route-Sec.
Parcel Claim
No. Number
19 2100177010
080133
Cumberland
100% State
East Pennsboro Twp.
1006-001
COMMONWEALTH OF PENNSYLVANIA
SCHEDULE OF PROPERTY CONDEMNED
(Declaraf~on of Taking)
'TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recording with Notice
of Condenmation
R- Plan now recorded in Recorder's Office
Name, Mailing Address, Property
Interest of Condemnees, and
Location of Condemned Property
Plaza 21 Realty Association
( Pennsylvania General Partnership)
(S~O~)
Attached
Exhibit
Number *Type of
(if any) Description
R
Mailing Address:
1714 North 2~d Street
Harrisburg, PA 17102
As their interest may appear
page 1 of I
Plan (if any)
Recorded in
Cabinet 3, Drawer I,
Page 154, Sheet 2 and 3
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 1006,
SECTION 001, IN THE BOROUGH OF
CAMP I-I~ J~, TOWNSHIP OF EAST
PENNSBORO
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.
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 1006,
SECTION 001, IN THE BOROUGH OF
CAMP HILL, TOWNSHIP OF EAST
PENNSBORO
NO. TERM, 20
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TOPROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of
Taking filed to the above term and number on ~/4z9,/~ P-~v,~ ~/ , wasrecordedintheofficeofthe
RecorderofDeedsoftbeabovecountyin ,,e5~o£ O ? O i~ ,Page(s)//ozk,
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 PENNS~qLVANIA
DEPARTMENT OF TRANSPORTATION
District Right ~Way Administrator
Engineering District No. ~ ~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 1006, SECTION 001
IN THE TOWNSHIP OF EAST PENNSBORO
NO. 04-2153 CIVIL TERM,
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss
cOUNTY OF DAUPHIN
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and
that on or before May 20, 2004, notice of the filing of the declaration of taking in the above matter was serqed
on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code,
Act June 22, 1964, P.L. 84, as amended. A schedule of the condenmees so notified is attached hereto and made
part hereof.
David B. Reyn)~[ds . .
District Right-ot~-'Way Administrator
Sworn to and subscribed before me
'lqotary Public
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