HomeMy WebLinkAbout10-2459T - ..'Y
IN THE COURT OF COMMON PLEAS i 2:
CUMBERLAND COUNTY, PENNSYLVANIAN U 1 fY' ! P
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 OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227
(PART OF PARCEL ID 46-07-0477-014, and
PART OF PARCEL ID 46-07-0477-085)
NO. 16 .a q l
INREM
EMINENT DOMAIN
CONDEMNEES: CUMBERLAND COUNTY AGRICULTRUAL LAND
PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR
NOTICE TO CONDEMNEES
TO: Cumberland County Agricultural Land Preservation Board
Attn: Rebecca Wiser, Program Coordinator
18 North Hanover Street, P 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 it V 2010, at the above
term and number.
Your property interest has been condemned by the Pennsylvania Turnpike
Commission.
A Condemnation Plan showing the entire property upon which the Cumberland
County Agricultural Land Preservation Board holds an agricultural conservation
easement and the area condemned along with a property description is also attached. (:2,0 eec?c s?4??c?
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
Taking, you are required to file preliminary objections within thirty (30) days after
having been served with this NOTICE.
PENNSYLVANIA TURNPIKE CONMUSSION
By: - \\3?g
Stevens ee, P.C.
Mark D. Bradshaw, Esquire
Attorney I.D. No. 61975
17 N. 2nd Street, 16th Floor
Certificate of Residence is: P.O. Box 67676, Harrisburg, PA 17106-7676.
,Ngenda Item F3(b)
Atxlr}ADA 3/16/2010
PENNSYLVANIA TURNPIKE COMMISSION AGENDA ITEM
Date: March 4, 2010 APM ?IY 3 ?? t
P?AIH?YhMM?Il111 t(? tX>tY1 INION
To: THE PENNSYLVANIA TURNPIKE COM ISSyI"QNN
ttl?? .
From: Jeanmarie McLaughlin, Assistant Counsel
/NtlgMK 8eprteyy OW Traft"W 6?
Subject: Total Reconstruction, M. P. 199-227
John A. & Melanie M. Dyarrnan, R/W 3173-D, a partial take
Cumberland County Agricultural Preservation
Board, R/W 3173-D-01
Funding Source: Operating/Capital Funding WBS# T.214.00T002.4
Sub-Project No. 00-005-RD2V-C
GAL Account No. 68050100
It is recommended that the Commission authorize and approve the following:
In order to construct the milepost 199 to 227 total reconstruction project, it is
necessary to acquire property owned by John A. Dyarman and Melanie M. Dyarrnan,
husband and wife (R/W 3173-D), a partial take. The property is encumbered by an
agricultural preservation easement held by the Cumberland County Agricultural
Preservation Board (R/W 3173-D-01). Settlement has been reached with the property
owners; however the preservation easement held by the Cumberland County Agricultural
Preservation Board must be condemned. The procedures of the Uniform Act have been
followed and a Property Acquisition Resolution is attached.
The property was appraised and negotiations were entered. The negotiations were
not successful. As a result, a Declaration of Taking must be filed and a Resolution is
needed for that purpose.
The Legal Department recommends that the Commission authorize the following:
1. Adoption of the attached Property Acquisition Resolution and execution of
necessary documents;
2. Payment of Estimated Just Compensation in the sum of $9,400.00, payable to
Stevens & Lee, P.C. as escrow agent; and
3. Authorize payment of statutory damages and costs as calculated by the Legal
Department and approved by the Chief Executive Officer.
Validation Memo attac ed (if necessary) ole rce Request attached (it necessary
'Noo
U zx??
J nmarie McLaughlin
Doreen A. McCall
sistant Counsel Chief Counsel
CONCUR: `- --
os G. Brimin
Chief Executive Officer
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 OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227
(PART OF PARCEL ID 46-07-0477-014, and
PART OF PARCEL ID 46-07-0477-085)
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES: CUMBERLAND COUNTY AGRICULTRUAL LAND
PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR
DECLARATION OF TAKING
The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for
in the Eminent Domain Code of 2006, Act of May 4, 2006, P.L. 112, No. 34, §1, 26 Pa.C. S.
§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.
1
3. This Declaration of Taking was authorized by a Resolution adopted March 16,
2010 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 to construct
the total reconstruction of the Pennsylvania Turnpike between mileposts 199 and 277 and
its requirements.
5. The property condemned is situate in the Township of West Pennsboro,
Cumberland County and consists of 2.072 acres in fee as required right-of-way for
limited access, 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 Section 304 of the Eminent Domain Code of
2006.
6. The nature of the title hereby condemned is the agricultural conservation
easement between John A. Dyarman and Melanie M. Dyarman, husband and wife and the
County of Cumberland, Pennsylvania by and through its Agricultural Land Preservation
Board, dated November 6,2007 and recorded November 7, 2007.
7. A plan showing the condemned property may be inspected at the Pennsylvania
Turnpike Commission's field office located at the Harrisburg West Interchange, Exit 242
of the Pennsylvania Turnpike 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".
PENNSYLVANIA MtNPIIKE COMNUSSION
By:
Stevens & Lee, P.C.
Mark D. Bradshaw, Esquire
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717)255-7357
(610) 371-7762 (Direct Facsimile)
Our Mission:
To operate
and manage
a safe, reliable,
cost effective
and valued
toll road
system
PENNA
TURN-
PIKE
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 RECONSTRUCTION PROJET BETWEEN MILEPOSTS 199 AND 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 total reconstruction of the Pennsylvania
Turnpike between mileposts 199 and 227 and specifically includes property of John A.
Dyarman and Melanie M. Dyarman, husband and wife; and the Cumberland County
Agricultural Preservation Board as it's interest may appear, Right-of-Way No. 3173-
D, 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. § 652x) as amended,
has approved the total reconstruction of the Pennsylvania Turnpike between mileposts
199 and 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 the total reconstruction
of the Pennsylvania Turnpike between mileposts 199 and 227 and specifically includes
property of John A. Dyarman and Melanie M. Dyarman, husband and wife; and the
Cumberland County Agricultural Preservation Board as it's interest may appear;
Right-of-Way No. 3173-D, 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 between
mileposts 199 and 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.
E=
EXHIBIT "A"
1-877-736-6727
paturnpike.com
CERTIFICATION
1, ANN LOUISE EDMUNDS, Assistant Secretary-Treasurer of the
Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and
correct copy of an excerpt of the Minu th Meeting of the Pennsylvania Turnpike
Commission, held on the 16 day of 2010, in Highspire, Pennsylvania, at
which a quorum was present, and that said resolution was unanimously adopted.
SS my hand and the Official Seal of said Commission this ? day of
A.D. 2010.
J75
4uise Edmunds
Assistant Secretary-Treasurer
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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 OF THE
PENNSYLVANIATURNPIKE BETWEEN
MILEPOSTS 199 AND 227
(PART OF PARCEL ID 46-07-0477-014, and
PART OF PARCEL ID 46-07-0477-085)
NO.
IN REM
EMINENT DOMAIN
CONDEMNEES: CUMBERLAND COUNTY AGRICULTI AL, LAND PRESERVATION BOARD
AS ITS INTERESTS MAY APPEAR
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.
Sealed with the official seal of the said Commission and dated this -r day of
2010.
0 T ST:
n Lo se dmunds
Assistant Secretary-Treasurer
PENNSYLVANIA TURNP COMMISSION
By: A 0'
Allen D. Biehler
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
ph G. Brimmeier
Sworn to and subscribed before
me this May of _A" .[?.
Our Mission: Pennsylvania Turnpike Commission
To operate Anterka's First Superhighawy
and manage -- --
a safe, reliable,
cost effective
and valued
toll road PENNSYLVANIA TURNPIKE COMMISSION
system.
Project 00-005-RR2W
Count /T Cumberland Co/West Pennsboro Tw .
Route-Sec. MP 199-227
Claim No. R/W 3173-D
Claimant MmAkAmoop and Melanie M. H/W
OFFER TO PURCHASE
AND STATEMENT
OF
JUST COMPENSATION
Date: ??O9
Cumberland County
Agricultural Land Preservation Board
18 North Hanover Street, 3 d Floor
Carlisle, PA 17013
Attention: Ms. Rebecca Wiser, Program Coordinator
Gentlemen:
We are pleased to offer you the sum of 59,400.00 for the Agricultural conservation Easement Rights associated with the right-of-way
required from the above referenced property for the transportation improvement and for the effects, on the remaining property, if any.
This offer is intended to provide just compensation for all interests in the property being acquired, including tenants, if any.
The areas required are as follows:
2.072 Acres of required right of way
The amount offered is summarized as follows:
1. Direct Damages
TOTAL DAMAGES OFFERED
$9,400.00
$9,400.00
We hope that you will indicate your acceptance to our offer to the right-of-Way Representative who delivers this letter so that we can
process your payment as soon as possible. If you are undecided about accepting the offer, the Right-pf-Way Representative will be glad to
visit you again for further discussion of your claim.
S• cer y /
hn J. picijari
fight-of-Way A i strator
Pennsylvania Turnpike Commission
Attachment: Plan of Property
Your Right-of-Way Representative is: Rhonda Sluder, Interstate Acquisition Services
Telephone No.: 814.312.3670
CC: Robert M. Frey, Esq.
ABI&W
1-877-736-6727
paturnpike.com