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IN RE: CONDEMNATION OF LAND
LOCATED IN SOUTH MIDDLETON
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY SOUTH
MIDDLETON TOWNSHIP MUNICIPAL
AUTHORITY, FOR THE CONSTRUCTION:
OF FACILITIES IN CONJUNCTION WITH :
THE IMPROVEMENT OF ITS PUBLIC
WATER SYSTEM
2010 APR 27 PM 12: 10
CtJ+ :; C;_IN Y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2010 - cn6 7 CIVIL TERM
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
South Middleton Township Municipal Authority, a municipality authority, does hereby file this
Declaration of Taking and declares as follows:
1.
The Condemnor is South Middleton Township Municipal Authority (hereinafter "Authority"), a
municipality authority, a municipal body corporate duly constituted under the laws of the Commonwealth
of Pennsylvania, having its principal office at 345 Criswell Drive (P. O. Box 8), Boiling Springs,
Cumberland County, Pennsylvania, 17007.
2.
This Declaration of Taking is filed pursuant to the authority granted by the Pennsylvania
Municipality Authorities Act, 53 Pa.C.S. § 5601, et seq., specifically Section 5607(d)(15), as amended.
3.
This Declaration of Taking is made and authorized by Resolution Number 04-26-10-01 duly
adopted by the Board of said Authority at a public meeting held on April 26, 2010. The
record of said public meeting, being the minutes thereof and the original Resolution, may be examined at
the Authority's office aforesaid during regular business hours, a true copy of said Resolution being
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attached hereto marked "Exhibit 1" and incorporated herein by reference thereto.
4.
The purpose of this Condemnation and this Declaration of Taking filed incident thereto is to
acquire and secure a tract of real estate in order to construct facilities thereon (including, but not limited
to, a water storage tank) in conjunction with the Authority's improvement of its public water distribution
system.
5.
Attached hereto marked as Exhibits "A", "A-1" and "A-2" and incorporated herein is
documentation which contains the description of the real estate situated in South Middleton Township,
Cumberland County, Pennsylvania, necessary to be obtained by eminent domain for the purposes
aforesaid. A copy of said documentation mentioned in said Exhibits is being recorded as of the date of
filing hereof in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at the
Cumberland County Courthouse in Carlisle, Pennsylvania, in accordance with Section 304 of the Eminent
Domain Code, Act of May 4, 2006, P.L. 112, No. 34 (26 Pa.C.S.A. §304).
6.
The nature and extent of the title to be acquired in and to the subject real estate is in fee simple.
7.
The name and address of the Condemnee is US Industrial REIT II, a Texas real estate investment
trust, having offices at 9830 Colonade Boulevard, Suite 600, San Antonio, Texas 78230-2239.
8.
The Condemnee aforesaid is the owner in fee simple of the real estate being taken, appropriated
and condemned.
9.
In addition to the plan attached hereto as Exhibits "A" and "A-1 ", a plan showing the condemned
property may be inspected at the Office of the Condemnor as stated in paragraph 1 hereinabove.
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10.
The Condemnee has waived its right to just compensation; however, contemporaneously
herewith, the Authority, has filed its bond to secure just compensation generally pursuant to Section 303
of The Eminent Domain Code cited above (26 Pa.C.S.A § 303).
SOUTH MIDDLETON TOWNSHIP MUNICIPAL
AUTHORITY
ATTEST:
A ?p / ? By:
Secretary Chairman
SNELBAKER & BRENNEMAN, P. C.
By:
Richard C. Snelbaker
Solicitor to South Middleton Township
Municipal Authority
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: April ,t( , 2010
-3-
VERIFICATION
I, the undersigned Chairman of the Board of South Middleton Township Municipal
Authority, the Condemnor herein, being duly authorized to make this verification on behalf of
said Authority, do hereby certify that the facts contained in the foregoing Declaration of Taking
within my personal knowledge are true and correct and with regard to facts received from others,
I believe to be true and correct. I understand that any false statements made herein are subject to
the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
"O?-
Irvin R. Watts
(Chairman)
Date: April .2 4. , 2010
RESOLUTION NO. 04-26-10-01
A RESOLUTION OF THE BOARD OF SOUTH MIDDLETON TOWNSHIP
MUNICIPAL AUTHORITY AUTHORIZING THE SELECTION,
CONDEMNATION AND APPROPRIATION OF FEE SIMPLE TITLE OF
CERTAIN LAND IN THE TOWNSHIP OF SOUTH MIDDLETON,
CUMBERLAND COUNTY, PENNSYLVANIA, FOR THE CONSTRUCTION,
INSTALLATION, USE, OPERATION AND/OR REPLACEMENT OF
FACILITIES IN CONJUNCTION WITH THE AUTHORITY'S OWNERSHIP
AND OPERATION OF ITS PUBLIC MUNICIPAL WATER SYSTEM, AND
AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL
NECESSARY ACTION FOR THE ACQUISITION THEREOF.
WHEREAS, South Middleton Township Municipal Authority (hereinafter called
"Authority") is a municipality authority incorporated pursuant to the Pennsylvania Municipal
Authorities Act as amended; and
WHEREAS, said Authority owns and operates a public municipal water distribution
system serving the citizens of South Middleton Township, Cumberland County, Pennsylvania;
and
WHEREAS, said Authority has need for land in the Township of South Middleton upon
which to construct and operate various facilities to properly operate and maintain its water
distribution system; and
WHEREAS, the Authority, acting through its duly appointed Board, has carefully
considered possible sites to fulfill its futures needs, and believes that the land hereinafter
identified is necessary for its purposes and will enhance the public welfare; and
WHEREAS, the land being the subject of this proceeding is owned by US Industrial
REIT 11, a Texas real estate investment trust having offices at 9830 Colonnade Boulevard, Suite
600, San Antonio, Texas 78230-2239; and
WHEREAS, pursuant to the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.
§5601, et seq., specifically Section 5607(d)(15), the Authority is authorized and empowered to
acquire and secure the ownership and title to said land through eminent domain proceedings;
NOW, THEREFORE, on motion duly made, seconded and duly passed by said Board, be
and it is hereby RESOLVED:
EXHIBIT 1
1. The foregoing title, preamble and paragraphs are incorporated herein by reference
thereto.
2. This Authority hereby selects, condemns and appropriates those premises shown and
set forth in Exhibits "A", "A-1" and "A-2" said land being owned by US Industrial REIT II.
The nature and extent of title to the land to be acquired under this section 2 is as
follows: fee simple.
3. The Authority, its Board and its proper officers are hereby authorized to file such
Declaration(s) of Taking and such other papers, documents and/or proceedings, including the
entry of such bond as may be necessary, and to do and perform all other acts necessary and
requisite to carry out the purposes of this Resolution, and said officers and the Authority's
employees or agents are authorized and empowered to enter upon the lands to be taken,
condemned and appropriated in order to make studies, surveys, tests, soundings and appraisals.
4. The institution of such proceedings, including the entry of such bond as may be
necessary, and any damages which may be awarded to the owner of the lands, shall be paid from
such funds which may become available and from time to time appropriated by the Authority for
such purposes.
DULY ADOPTED this 26th day of April, 2010, by the Board of South Middleton
Township Municipal Authority in lawful public session duly assembled.
ATTEST:
L--?Oj
Secretary
(Authority Seal)
SOUTH MIDDLETON TOWNSHIP
MUNI IPAL AUTHORITY
By:
Chairman
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Recorded.' Feb. 1st, 2001
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o Lot #4 Condemnation Area:
158,801 Sq.Ft. / 3.6456 ACRES
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PROPOSED LOT LINE AS
CREATED BY CONDEMNATION
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EVANS ENGINEERING, INC.
CONSULTING ENGINEERS
2799 Old Post Road, Harrisburg, Pi 17110 0 (717)511-1580
far.(717)541-1580 I evew-0--....,,."
5 7755 58" W
N 7755 58" E 537.69'
Lot Z1
Residue Area:
2,689,842 Sq.Ft.
61.75 ACRES
US /ndustria/ Reit
/nst.# 200802388
TM# 40-09-0527-011
P. Z? 89 Pg 23
LOT #4
ALLEN ROAD
SOUTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PA.
DATE: 1/08/10
SCALE: 1" = 100'
ME NO. 068458s x,01009
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EXHIBIT A
CONDEMNATION PLAN
South Middleton Township
Municipal Authority
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; A//en Distribution
D.9. 239 Pg. 574
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LOT #4
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ALLEN ROAD EXHIBIT
SOUTH MIDDLEfON TOWNSHIP CONDEMNATION
N PLAN
EVANS ENGINEERING, INC. CUMBERLAND COUNTY, PA.
/08/ to South Middleton Township
CONSULTING ENGINEERS DATE: SCALE: 1 t' 100' Municipal Authority
2789 Old Past Road, Rurisburg, PA 17110 0 (717)541-1580 FILE No. 06845kgx.042109
Far.(717)541-1580 4 evanseug®eva eug.com
EXHIBIT A-2
NARRATIVE LEGAL DESCRIPTION
All that certain tract of land situated in the Township of South Middleton, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in
accordance with a survey made by Evans Engineering, Inc., on January 8, 2010, a copy of which
is attached hereto and incorporated herein by reference herein.
BEGINNING at a point on the eastern right-of-way line of Allen Road (S.R. 0465) at the
dividing line between the premises described herein and the remaining land of US Industrial
REIT II, the Condemnee herein; thence along said eastern right-of-way line of Allen Road (S.R.
0465), the following five (5) courses and distances: (a) North 11 degrees 46 minutes 44 seconds
West, a distance of 37.91 feet to a point; (b) North 77 degrees 50 minutes fifteen (15) seconds
East, a distance of 15 feet to a point; (c) North 12 degrees 9 minutes 45 seconds West, a distance
of 400 feet to a point; (d) South 77 degrees 50 minutes, 15 seconds West, a distance of 15 feet to
a point; and (e) North 16 degrees 20 minutes 14 seconds West, a distance of 186.97 feet to a
point at lands now or formerly of Allen Distribution, said latter point being at a distance of 32.98
feet from a concrete monument measured along a bearing of South 53 degrees 33 minutes 7
seconds East from said monument; thence along said lands now or formerly of Allen
Distribution, South 53 degrees 33 minutes 7 seconds East, a distance of 833.44 feet to a point on
the same, corner of the remaining lands of US Industrial REIT II; thence along said latter lands
South 77 degrees 55 minutes 58 seconds West, a distance of 537.69 feet to a point on the eastern
right-of-way line of Allen Road (S.R. 0465), the point and place of BEGINNING.
CONTAINING 3.6456 acres of land.
BEING a portion of that certain larger premises which U.S. Real Estate Limited
Partnership by its deed dated January 18, 2008, and recorded on January 23, 2008, in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number
200802388, granted and conveyed unto U.S. Industrial REIT II, the Condemnee herein.
EXHIBIT A-2
CERTIFICATE
I, the undersigned, Secretary of the South Middleton Township Municipal Authority do
hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted by
affirmative vote of a majority of the members of the Board of said Authority at a public meeting
duly held on April 26, 2010, at which a quorum of the members was present and that said
Resolution remains in effect, unaltered and unamended as of the date of this Certificate.
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the
Authority this 26 h day of April, 2010.
O
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Authority Secretary
(Authority Seal)
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LOT #4
EEI ALLEN ROAD EXHIBIT ?-1
SOUTH MIDDLETON TOWNSHIP CONDEMNATION PLAN
EVANS ENGINEERING, INC. CUMBERLAND COUNTY, PA
CONSULTING ENGINEERS DATE: 1/08/10 South Middleton Township
SCALE: 1' = 100' Municipal Authority
2783 Old Past Quad, Harrisburg, PA. 17110 0 (717)541-15AO FILE NO. 06845kSinvt742119
iar.(717)541-1500 ' evunseugOevaasengxom
EXHIBIT A-2
NARRATIVE LEGAL DESCRIPTION
All that certain tract of land situated in the Township of South Middleton, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in
accordance with a survey made by Evans Engineering, Inc., on January 8, 2010, a copy of which
is attached hereto and incorporated herein by reference herein.
BEGINNING at a point on the eastern right-of-way line of Allen Road (S.R. 0465) at the
dividing line between the premises described herein and the remaining land of US Industrial
REIT II, the Condemnee herein; thence along said eastern right-of-way line of Allen Road (S.R.
0465), the following five (5) courses and distances: (a) North 11 degrees 46 minutes 44 seconds
West, a distance of 37.91 feet to a point; (b) North 77 degrees 50 minutes fifteen (15) seconds
East, a distance of 15 feet to a point; (c) North 12 degrees 9 minutes 45 seconds West, a distance
of 400 feet to a point; (d) South 77 degrees 50 minutes, 15 seconds West, a distance of 15 feet to
a point; and (e) North 16 degrees 20 minutes 14 seconds West, a distance of 186.97 feet to a
point at lands now or formerly of Allen Distribution, said latter point being at a distance of 32.98
feet from a concrete monument measured along a bearing of South 53 degrees 33 minutes 7
seconds East from said monument; thence along said lands now or formerly of Allen
Distribution, South 53 degrees 33 minutes 7 seconds East, a distance of 833.44 feet to a point on
the same, corner of the remaining lands of US Industrial REIT lI; thence along said latter lands
South 77 degrees 55 minutes 58 seconds West, a distance of 537.69 feet to a point on the eastern
right-of-way line of Allen Road (S.R. 0465), the point and place of BEGINNING.
CONTAINING 3.6456 acres of land.
BEING a portion of that certain larger premises which U.S. Real Estate Limited
Partnership by its deed dated January 18, 2008, and recorded on January 23, 2008, in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number
200802388, granted and conveyed unto U.S. Industrial REIT Il, the Condemnee herein.
EXHIBIT A-2
FILED--+0FROCE
()F THE p^",r' ?'",TARY
2010 APR 27 Pik 12: 20
IN RE: CONDEMNATION OF LAND
LOCATED IN SOUTH MIDDLETON
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY SOUTH
MIDDLETON TOWNSHIP MUNICIPAL
AUTHORITY, FOR THE CONSTRUCTION:
OF FACILITIES IN CONJUNCTION WITH :
THE IMPROVEMENT OF ITS PUBLIC
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2010 - XT07 CIVIL TERM
IN REM (EMINENT DOMAIN)
WATER SYSTEM
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been
filed herewith by South Middleton Township Municipal Authority, a municipality authority
organized and existing under the laws of the Commonwealth of Pennsylvania, being held and
firmly bound unto the Commonwealth of Pennsylvania ("Obligee") for the use and benefit of the
owner of the property condemned and other proper parties in interest, for the use and benefit of
the owner or owners of the property and other parties in interest, for such amount of damage as
the owner or owners of the property and other parties in interest shall be entitled to receive after
the same shall have been agreed upon or assessed in a manner prescribed by law by reason of the
condemnation by Obligor of certain land and improvements located in South Middleton
Township, Cumberland County, Pennsylvania, as more fully described in said Declaration of
Taking, to which payment well and truly to be made, the Obligor does bind itself and its
successors and assigns, firmly by these presents.
NOW THE CONDITION of this bond is such that if the Obligor shall pay or cause to be
paid such amount of damages as the said owner or owners of the property and other parties in
otherwise to be and remain in full force and effect.
SEALED with the corporate seal and duly executed this 26th day of
April , 2010.
ATTEST:
0
Secretary
(SEAL)
SOUTH MIDDLETON TOWNSHIP
MUNICIPAL AUTHORITY
By
Chairman
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