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Home My WebLink About10-4844IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 32 MILL STREET MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF ISABELLE L. TRAVITZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM C-_ EMINENT DOMAIN PROCEED , y1`G IN REM ` `' DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa.C.S.A. §302, the Redevelopment Authority of the County of Cumberland, respectfully represents that: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland. 2 The address of the Condemnor is: Redevelopment Authority of the County of Cumberland 114 North Hanover Street Suite 104 Carlisle, PA 17013-2445 3 The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S. § 1712.1(a) of the Urban Redevelopment Law to acquire by eminent domain any property properly certified to the Condemnor as a blighted property. Cx x ?-0 ('0 ,eir 1.4 r7 Z3 4 The Cumberland County Blighted Property Reinvestment Board (hereinafter the "Board") by Resolution dated March 12, 2009, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 5 On June 23, 2009, the Borough of Mount Holly Springs Planning Commission did certify the Premises as a blighted property to Condemnor. 6 On July 16, 2009, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises. 7 The appropriate reuse of the Premises, as recommended by the aforesaid Cumberland County Planning Commission, for residential purposes, is not inconsistent with the Comprehensive Plan of the County of Cumberland, nor that of the Borough of Mt. Holly Springs. 8 The purpose of the condemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S. §1712.1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions. 9 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712. 1, as authorized by Resolution adopted by the Condemnor on the 11th day of June, 2010. A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address. 10 A description of the Premises condemned sufficient for its identification is set forth in the attached Exhibit "B." 11 On the same day as this Declaration is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 12 The nature of the titled acquired in and to the property is a fee simple or absolute title. 13 The name or names of any mortgagee(s) or lienholder(s) of record are: n/a 14 The Condemnor files with this Declaration an open-end bond without surety pursuant to Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(A). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit 44C.1) ATTEST: Secretary REDEVELOPMENT AUTHORITY OF z a-4-9 ?? ? THE COUNTY OF CUMBERLAND -?a?l k ? By Cha an Tricia D. Naylor, squire Attorney for Co Redevelopment Authority of the County of Cumberland 104 South Hanover Street Carlisle, PA 17013-2445 717-243-7437 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4909, relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christopher Gulotta Executive Director EXHIBIT "A" RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAIONG AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 32 MILL STREET MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PA WHEREAS, Ordinance No. 99-1 of the County of Cumberland created and empowered the Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board') to act with regard to blighted properties, as that term is defined in the Ordinance and the Urban Development Law; and WHEREAS, the Board had reviewed conditions existing at 32 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS, the Board on January 8, 2009 adopted Blight Determination Resolution No. 2009-01 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, Isabelle L. Travitz (hereinafter the "Owner'), had been served with Blight Determination Resolution No. 2009-01 and notified of her right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did she file a rehabilitation plan; and WHERAS, the Board on March 21, 2009 adopted Second Resolution No. 2009-2 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planning Commission of Mt. Holly Springs Borough for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHERAS, on June 23, 2009, the Mt. Holly Springs Borough Planning Commission determined that the Premises is blighted and that the Premises be used for residential purposes; and WHEREAS, the Cumberland County Planning Commission determined on July 16, 2009, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by law, accepts the certification of the Premises located at 32 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania, as a blighted property and does further select and appropriate for acquisition and disposition in accordance with law the Premises, which are more fully described: ALL that tract of land with the improvements thereon erected, situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post corner now or formerly of William Nickle; thence along the same, South 44 degrees East, 180 feet to an alley; thence North 36 degrees West 60 feet to lot now or formerly of James Naugle; thence along the same North 44 degrees West 180 feet to a public road (now Mill Street); thence along the same North 36 degrees East, 60 feet to the Place of BEGINNING. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper offices are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED that the institution of such proceedings, and any such damages which may be agreed upon or awarded to any party in interest shall be paid out of the funds of the Redevelopment Authority. ATTEST IaGS << M.? c.t vac ...? Date: ((.'+d t LO iLUAPM2 Mill SUMMowd Fmludomdw EXHIBIT `B" ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post corer now or formerly of William Nickle; thence along the same South 44 degrees East, 180 feet to an alley; thence North 36 degrees West 60 feet to a lot now or formerly of James Naugle; thence along the same North 44 degrees West 180 feet to a public road (now Mill Street); thence along the same North 36 degrees East, 60 feet to the Place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling and garage. The dwelling is 32 Mill Street, Mt. Holly Springs, Pennsylvania. BEING Tract 7 which Charles W. Travitz, Jr. and Isabelle L. Travitz, husband and wife, by deed dated June 18, 1998 and recorded June 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed to Isabelle L. Travitz. Tax Parcel No. 23-31-2187-038 EXHIBIT "C" BOND KNOW ALL MEV BY THEE PRESENTS, that a Declaration of Taking having been filed on the 23"'day of , 2010, by the Redevelopment Authority of the County of Cumberland (the " bligor" ), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper 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 the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania and described as follows: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post corner now or formerly of William Nickle; thence along the same South 44 degrees East, 180 feet to an alley; thence North 36 degrees West 60 feet to a lot now or formerly of James Naugle; thence along the same North 44 degrees West 180 feet to a public road (now Mill Street); thence along the same North 36 degrees East, 60 feet to the Place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling and garage. The dwelling is 32 Mill Street, Mt. Holly Springs, Pennsylvania. BEING Tract 7 which Charles W. Travitz, Jr. and Isabelle L. Travitz, husband and wife, by deed dated June 18, 1998 and recorded June 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed to Isabelle L. Travitz. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: 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 interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SE D with 444 ATTEST: the corporate seal and duly executed this day of 2010. Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By &,-- C an IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 32 MILL STREET, W. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF ISABELLE L. TRAVITZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 0 -' $ CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that a Notice of Filing of Declaration of Taking effected by the Declaration of Taking filed to the above term and Number on the 3rd day of 2010, was recorded in the Office of Recorder of Deeds of the above county n the S r day of 2010 at Instrument No. -010 S"I \1 -JkIA,, / Date.3 , 2010 Attorney for Co Redevelopment Authority of The County of Cumberland 104 North Hanover Street Carlisle, PA 17013 717-243-7437 CJ CT' ,;z7 ,f N b Q Cw W ?` ? IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 32 MILL STREET MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF ISABELLE L. TRAVITZ ISABELLE L. TRAVITZ, Condemnee V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4844 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ' Trn C_ t CIO rat Z1 ca M PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action "Settled, Discontinued, and Ended" on the docket. Respectfully Submitted: Date: December 30, 2010 Isabelle L. Travitz 1347 Georgetown Circle Carlisle, PA 17013