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HomeMy WebLinkAbout13-5529 Supreme Couirt -gof Pennsylvania Court of -Commo Pleas For Prothonotary Use Only: Ci it Cover�Sheet ff `,(t� en Docket No: S Cur�berlandx County 3 � c J J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition E Transfer from Another Jurisdiction iz Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Pennsylvania Turnpike Commission James P. Howell Dollar Amount Requested: 0within arbitration limits I Are money damages requested? 0 Yes x No (check one) [ 171 outside arbitration limits O N Is this a Class Action Suit? 0 Yes E No Is this an MDJAppeal? 0 Yes S No A Name of Plaintiff /Appellant's Attorney: Mark D. Bradshaw, Esquire - Stevens & Lee, P.C. Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card -! Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance Q Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C 0 Other: E] Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: 0 Ejectment l0 Common Law /Statutory Arbitration B x Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent 0 Mandamus I El Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition Replevin 0 Legal 0 Quiet Title Other: 0 Medical 0 Other: -] Other Professional: Updated 1 /112011 t .. T5'� 'F:flTE IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVAN A" 3 SEP 2 ' 1 ' 1 9 IN RE: CONDEMNATION BY THE %U 8,ER , ",ND CO UN TY PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED PARTIALLY IN THE TOWNSHIP OF NORTH MIDDLETON AND PARTIALLY IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY COMMONWEALTH OF NO. PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE MAINLINE BETWEEN MILEPOSTS 220 AND 277 (Parcels Part of Tax ID Nos. 29 -07- 0473 -003 and IN REM 46 -07- 0473 -014) EMINENT DOMAIN CONDEMNEE: JAMES P. HOWELL 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, PL. 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 2 of the Act of Nov. 24, 1992, S. B. 1324, No. 109, (75 Pa C.S. § 8911), 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. 3. This Declaration of Taking was authorized by a Resolution adopted August 19, 2013, by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as 1 /d 3 Ij d� SL 1 1257699v 1 061697.00074 G : 6 /0686 ��600 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 which are required for the total reconstruction and widening of the Pennsylvania Turnpike mainline from milepost 220 to 277 and its requirements. 5. The property condemned is situate partially in the Township of North Middleton and partially in the Township of West Pennsboro, Cumberland County and consists of 2.900 Acres of Required Right -of -Way for Limited Access and Township Road and 0.009 Acres of Temporary Construction Easement. 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 (i) fee simple; (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 improvements 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 condemnee; 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 necessary, convenient, or incident to the producing, mining or removing of minerals, oil, 2 SL 11257699v 1 061697.00074 or gas from beneath the surface of the land hereby condemned or from any other lands of the condemnee. 7. A plan showing the condemned property may be inspected at Condemnor's New Cumberland Maintenance Shed located at 519 Marsh Run Road, New Cumberland, PA 17070 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 TURNPIKE COMMISSION Date: l ? By: Mark D. Bradshaw, squire Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255 -7357 (610) 371 -7362 (facsimile) mdb @stevenslee.com 3 SL 1 1257699v 1 061697.00074 Exhibit A Pennsylvania Turnpike Conuniss America's First Superhighway www.paturnpike.com RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT -OF -WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTION PROJECT FROM MILEPOSTS 220 TO 227. WHEREAS The Pennsylvania Turnpike Commission is authorized and empowered by Section 3 of the Act of July 18, 2007, P.L. 169, No. 44, as amended to acquire by purchase or condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Pennsylvania Turnpike; .and, 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 from mileposts 220 to 227 and specifically includes property of James P. Howell, Right -of -Way No. 3185 -7, a partial take; 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 project from mileposts 220 to 227 and specifically includes property of James P. Howell, Right -of -Way No. 3185 -7, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right -of -way for the total reconstruction project from mileposts 220 to 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. Our Mission: To responsibly operate and manage a safe, reliable and efficient toll road system, serve as a transportation services leader, and foster innovation to better serve our customers. CERTIFICATION I, JEFFREY NAUGLE, Assistant Secretary- Treasurer of the Pennsylvania Turnpike Commission, do hereby cc the foregoing to be a true and correct copy of an excerpt of the M' It o th MeetT,2013 of the Pennsylvania Turnpike Commission, held on the day f , in Highspire, Pennsylvania, at which a quorum was present, and Wat sai resolution was unanimously adopted. ("4f N S hand and the Official Seal of said Commission this IQ day of A.D. 2013. Assistant Secretary- Treasurer { Exhibit B IIIV 28 +58. 1BROOC ROAD MP PI ST49 NOTES MP MP MP MP A = D951'4r RT 22Q8 221 221.2 221.4 221.8 D - 09' 0000' THE TIES. BEARINGS. AND DISTANCES ON THE TAKING AREAS OF THE STA T - 54.92' PLAN ARE IN GEOMETRIC AGREEMENT WTH THE PENNSYLVANIA TURNPIKE 39g +07 STA STA STA L a 109.58' 408+83 419 +00 4T9 +74 µ�� R - 636.62' SURVEY k R/W BASELINE AND ARE NOT NECESSARILY IN THE SYSTEM OF I SE - MATCH EXIST ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS ® POT 28+68.71 T -708 SURVEY @ R MEADOwRR00K ROAD MS PROPERTY PLOT PLAN IS PLOTTED FROM THE DEED OF RECORD IN DENNLS d AAVCYD POT 10 +00.00 T -483 SURVEY R R PI STA 25 +69.50 THE COUNTY COU RTHOUSE AND REFLECTS THE ACCURACY AND /OR AND A - 0798'55 FIT INACCURACY OF THE DEED, SEE DETAIL DWG 4 qF 5 SUE W. ARAUA . mrrA AYCQ7YAN0 D = a69000 1 065 INF MgDYEIL E MCCDY, HUSBAND AND HF 7 - 59.3T PRIVATE PROPERTY LINES ARE PLOTTED FROM THE DEED OF RECORD. PA TURNPIKE N/r i ® I ® L - 118.59' RECORDED SUBDIVISION OR LOT PLANS. EXISTING TOPOGRAPHICAL PI STA 4µ +75.16 L MAN D AFRrZER R - 954.93' FEATURES AND UMITED FIELD DATA PRIVATE PROPERTY LINES WERE NOT a: 1095'1y' LT SE - 3.28x SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE D = 099'00 PAUL/NE E MCQ7Y AND ,.v77drY A. A/CCDY DS = 25 MPH PROJECT. T- 5397.73• N 6475' W 64' N 2' W 50' I© M AM A OWB L - 1O724.µ' THIS PROPERTY PLOT PLAN IS NOT TO BE SUBSTITUTED FOR A R - 38197.19' __ PI STA 17 +1230 BOUNDARY SURVEY. SE =NONE N BT45'W E SEE - DETAIL DWG 5 OF 5 so' A _ 5'2r LT DS - 70 MPH BRUCE DE7'EA'EY AND 1410' I D = 290'00' REWZ'A DE3£A'EY, + N BB J14 ' 1 (16.52 THE REWIRED RIGHT -OF -WAY FOR THIS PROJECT SHALL BE ACQUIRED M MS NFE JAMES P. HOMETL. S &T J 'w ?5° (4J252 T = 137.76' FEE SIMPLE UNLESS OTHERWISE NOTED. AREAS. IF ANY. DESIGNATED AS (ARMED MAN NT1• 6? I/1' W IRP (16402 L - 275.31' REWIRED FOR OTHER THAN RIGHT -OF -WAY SHALL BE ACOUIRED IN SUCH S 4'E 1077.65' S ® =0'\ R - 2864.79' ESTATE AS DESIGNATED. B W N 24 1/2' W 146 (244202 SE - 2.00X SEE DETAIL mACr Na z s eo w 1039 j u N a O Era D AA ""F DS - 30 MPH t� DNua s` PAR SUBJ INT TO ACT 156 OF 19913, CLEAN AND d'W I Ld6RMD TED A LAVE f� 11, DWG Z OF 5 FpP ALY.M$ N S:R1' W 564' BOOK O JI86 BOOK 248. PAGE 4236 DATED OCT013ER 2 2001• 260 PINS 2236. DATED NOVEMBER 17. 2003 RA 70 LEFT ® BOOK 690, PAGE M. DATED AUGUST 30. 2002 RAD/US JQ 097.1' N 79 1 W AS FILED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE pas (mm) [NS7ANCE17J6B' 4P 662 tiSEE DETAIL DWG 3 OF 5 °' PA 1URNMKE LIB LANES R JJBS TEMPORARY CONSTRUCTION EASEMENT. AN AREA(S) REQUIRED UNTIL THE PA ) U/Iyp/ , YE ®LAAE3' b -.-� m DYARMAN ROAD IRACT ND 1 PARCE2 Na '7 PI STA 11 +4160 CONSTRUCTION OR WORK INDICATED BY THE PLAN IS COMPLETED. R JIBS m� r(/W J166 7RACTND 1 PARLE2 ND 2 © A - 31'47'10' LT UNLESS SOONER REVERTED IN WRITING BY THE COMMISSION. D = 4226'75' PA TURNPIKE SURVEY k R/W Q AC [ LEG4L MGPLT- GY- WAYLLNE ,s 6D 1 W I.WaO7S AAJ PA LP, T - 3dµ' FDP /A//7ED CESS I A gETAWARE L - 1 4.89' N/r AL4N D wow,?.. � N I � 63+52 � �® P R - 175.00' NN ULAL/ P a" AND 1 MARR7LD MAN ^ � Q y 1JP (181.52 SE - 20M LEGEND YALEME BOLW 1 I S J J��f • DS - 30 MPH 1® 1 ~ S J7P (2161..94 D DYARMAN ROAD PI STA N ROA 61 [��\ POC 125 +18.42 PA TURNPI E SURVEY @ R Q r41 TRACT NO. 93' RT I A =3423 00' POT 20+00.00 T -708 SURVEY k fl Q Q PARCEL ND ! D = � X1r 6CALf�OMEN6Kkl' [YBFA C uEf]C S7AGTE PERSON W �- L - 171:04' Q - R a 285.00' WA•YRISI INDI/AS 1 SE PE - MATCH EXIST —C— —F— CONSTRUCTION SLO LIMIT I 0.14 P.DB. DEED N di l /4'£ lJ3° (119,052 CUT F ILL DRANOD•/ SWA2E MAN -'F- -_ � Z SJEL£ GB/YER AND KATHY 1 OP( /Lf7Z rS 3 HUSBAND AAD INFE L7/ARLES L 424ROIN&S AND !2/,01,0 L GR07HEIF4 O Q ® REQUIRED RIGHT-OF-WAY /R/WA A INff 1 FOR UMITEDMXF84 I OI� BERr c CINDER R, SANIXE MAN REQUIRED RIGiff LEE A .MAYS AND +ERA .GWES m W JJ EXCEPTIONS FOR 7OWN9NP ROM NUSB4 /O AND Nlff 4) Q DOANE E. KERRr .R AN UNMARMLD MAN PENNSYLVANIA TURNPIKE COMMISSION A DS 12K PG B 7.50 ACRES MORE OR LESS DB 50 P G 12.8372 ACRES `o DEED PLOT 2 Q�,� 4 D � O � BOO ADVERSE3 DERMODY PROPERTIES DB 252 PG 3761 50159 ACRES S E GWEN S HOWELL S JAMES P. HOWELL OB 0-29 PG 167 0.7748 ACRES NOTE ®O ©E © NOW OWNED BY PROLOGIS NA3 PA LP A DELAWARE LIMITED PARTNERSHIP NOW OWNED By JO)Y BITTHER D® COVERS TAX LOTS 29- 07- 0473 -003 ZO R 46 -07- 0473 -014 DEED BOOK: lie D 150,078 2.900 RERECDRMMRLO9TEDA%09 2.096 PROPERTYPLOT PREPARED W. WJLS. MUMBER PAGE. 1097 CALCUATEDAREA: RECID RAN FOR7WP. ROA0.802 BIlCR4ART HORIL INC T- 214.00TO02�01 -04 DATE OF DEED: 12131X9119 EXCEPROWADVERSEARIE: 71371 REO'D TEMP. CONST. EASE0.009 PLANND: MN3105.7 LO NO-' 978 445 VLE8T PHIlA0B.R0AST. NEfV/OtM NU DATE dF RECOAO: 03=985 LEGAL RAVAREA 2X2 RE09ORANALf EA6OT PRO E PERTY roPoCPA - FILENAME PARCEL2D O1.DGN COMSIDERATiCIN: 31,00 E1iEC7NEAREA: 76800 REO96LOPE EASNOW JAMES P. HOWELL, MARRED P DRAWING TYM LR.&STAMPS: NONE TOTAL RECD RAVAFFA• CD SUB RNNV FOR NOME AS TRUSTEE FORJAMEBP PREPARED FOR STRUCIVRENUMBHt NONE TAX MAP PAR SEE TAX TOTAL RESIDUEAREII' 74DW PREF8MI31n012 TOWNSHPIBOROUGIt NORTH YIDOIE THE PENNSYLVAN CO. MIAP NOTE RESIDUE LTAREA: 141M 11112 0 1 2 COUNTY. CUMBERLAND DRAWINQ 1 OF 5 /M MiNPo1RCOMNB810N SC" A881101YN VEPIFMJITION OAIE: 1N747012 RESIDUE RTAREA• HOLE REV. FINAL' 08H1119 DBTR(CD 5 BiIEEI: OR O gib ��2 k € K� m � gym° z iiF ROW CL tog CL a I I {1 a �� 1 1 • I I S s ������ I I I •� gg � I I I 7 ii I@ s� II sGc��rcblo i t d � I x I I I 4 1 11 1 111 1 11 I 0 o it i a; s z I I , 8 O O lQ I I !o O 4 �s / I I m I I I I 21 NOW NO Nt ZI 5z gip ON �4= a��arf H nig �5 pis 2 I I Q I I a eeeee I I � I j3 j g s O II I Y a $F a O I I I R o �� �� a$ m GD I I I / OP I I 2 i 11 o I I I 1 II + 0 °8 8 II I I 0 3 S= I C • eew�nuawi zweu °mom TAY FOR NfiOU� FOR NOTE$: 6AS6N1A7W BHA 18NH12 ewao�WAeWm RL LEGEND THE TIES. BEARINGS, AND DISTANCES ON THE TAKING AREAS OF THE SOE BFMOIG 113giH FT.O lETI011t FT. PLAN ARE IN GEOMETRIC AGREEMENT NTH THE PENNSYLVANIA TURNPIKE 889'OB'.NB'W 16L0' NS EARI G W 6O.B2 SURVEY & R/0+ BASE➢IE AND ARE NOT NECESSARILY IN THE SYSTEM OF NOWS177W I NOWlnr 1V 202.66' ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS. NO1''M"W 1543W NO2'5473'W (QO.) 7STMORD.) 04 THIS PROPERTY PLOT PLAN IS PLOTTED FROM THE DEED OF RECORD IN PA TURNPIKE N16'3078'E STAB' ARORADIUB L- 49MITIb1410B4 RC SCALED D,MENSON % STA 444+75.18 THE COUNTY COURTHOUSE AND REFLECTS THE ACCURACY AND /Oft D= 16'0.1'lY LT SOO-1237W 17024 NBP479'W I,W INACCURACY OF THE DEED. 0 = OD9'00' NBP47'O'W 1.64 N08123rE 12128 PRIVATE PROPERTY LINES ARE PLOTTED FROM THE DEED OF RECORD. T =5397.73' p2'6413'E 187.84 (CND.1 45'123TE(C/OJ 2828(CM) -C- -F- CONSiRUCTONBLOPEl1MFT RECORDED SUBDIVISION OR LOT PLANS. EXISTING TOPOGRAPHICAL L = 10724.M' L- 161.77'R- IM950'L R = 38797.19• L 97AT T' CUf FOL FEATURED AND UNITED ESSI DATA PRIVATE PROPERTY LINES WERE NOT $E -NONE 806'tOBTE 62A3' 80C12OB'E 141AZ 41JIY SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE DS - 70 MPH 808B17TE 21 0.77 PROJECT. S H'7411'E 1P9A4 B2VBIT W (CND. M?? .) ® RE [M O THIS PROPERTY PLOT PLAN ID NOT 70 BE SUBSTITUTED FOR A AREA =8I67ACAP ARCAADIUB L•B227 R48P3779 Rf FOR TOWNSHIP ROAD BOUNDARY SURVEY. 1TOHTAB8 ILO9ACRE LEGAL UMTIOF SLOPE THE REQUIRED RIGHT -OF -WAY FOR THIS PROJECT SHALL BE ACQUIRED IN 3y, FEE MPLE UNLESS AREA- am 4ACiE RECU�IRED FOR OTHER N THAAN RIGHT -OF -WAY SHALL F BE ACQUIRED IN SUCH I ESTATE AS DESIGNATED. I z CLEAN AND GREEN: PARCEL SUBJECT 70 ACT 156 OF 1998, CLEAN AND GREEN DOCUMENTS AS RECORDED R: IJEAQ 3RO0K ROAD MEADO BR00N ROAD EIOOK 248, PAGE 4238 DATED OCTOBER 28. 2001, PI STA 25+69.50 PI STA 25+58.49 BOOK 260, PAGE 2278• DATED NOVEMBER 17, 2003 I I POC STA 425+18.42 PA TURNPIKE SURVEY s R @ = = 7O6'SS' FIT 0 = 951'43' FIT BOOK 690. PAGE 663 DATED AUGUST 30. 2002 I O 4a POT STA 20+00.00 T -708 SURVEY do R I D - fiTObO" D = 900'00' AS FILED IN 171E CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE JAMES P. hOMELL T - 59.37' T = 54.97 NARP2D LUN 109 TEMPORARY CONK WORK INDICATED AREAS) SCOURED UNTIL THE a L - 118.59' L - .58' ® R R = 636.87 UNLESS SOON OR ORK BY THE PLAN IS COMPLETED, UNLESS SOONER REVERTED R WRITING BY THE COMMISSION. SE = =3.954.93' 28[ WRITING EXIST DS - 23 MPH +01. Q"� POT 28 +86.71 T -706 SURVEY k R ____L_ �_ 50.13 . _� POT 10+00.00 T -483 SURVEY 3 R/W V. I POB R/0+ �� LEGAL L4VIT a- +07.42 WIRED RIGHT-OF-WAY 11N� EEAB'/S ARNCYa µ0 RGWE LAVE 1 FOR TOWNSHP ROAD A/f W ARNOLD, AY' MT i zZaT P4 3 F R�N r PwAr LhW 41 SV p5 _, 23'43 2 1.94 +0000 F 453 &E TAPE LDE RAA: I4NCWALLS PP6y T -708 SURVEY k R/0+$ B79 ------ _ '- - -- _ S.Tl9U B 5 p I % I B +50.87 - - - - 23 + 24 E A L 26 I - -_ x X - E O 5' +11. +36.73 X 7. 13 L _ All I 7017' ® O G4L AK7LT- W AYLAZE• m + 00 7OH1V9/LPAiz1D s 4 I 4 I 1 Q REQUIRED RIGHT-0F -WAY 181E / i CC�1 65. FOR TOWNSHW ROAD ISM POO R/W JAMLES P. NONEZ4 ,�V1A�a$ 4�s 4 +/98.95 MAM/m MAN o. / 1 i , q I r A 4.21 ` { V ® / V rQ AND V M/S r O I = SAW AND #WE v , W 3 N DYARMAN ROAD / Lyyy��� O PI DTA 17 +43.80 ` O ' 31'471(9 LT Q I ° I O D T = M� DETAIL R = 13 W 20 2S SO SE - MATCH EXIST QEEO8o01t DffDAREA: RE+YDRWFORUMITEDACCESS: PROPERTYPLOT PREPARED W. WJL.9: NUMBER PAGE CALCIRATEDAREA: RECD FIN FOR TOP. aoADb.lr: _ BVCEMftTHWW, NO PEw,(A 7.214.00=- •01 -04 DATE OF OECD: E7LC�NC10OVERSEAREA: REOT]TEAp. C016f. EASEMENT: PLAN NO.: RAV 1186-7 I.D. NO.: 373 TantunAr 41B RUMt-H HORN, NAST. NETWORK NUM IE7t DATE OF RECORD, IJXMLRIWARFAA REGD DRAINAGE FABEMENE: PROPERTY 0 rWtLtG VntErn IMMIMA TURN PLENA' ��2004.OGN CONSIDERA1KM EFFECR : VEAFM REOD SLOPE EABENI@N: JAM�P.NOWEL, MA_ MAN YO 7/M WNNAM. HOWELL ORAVANGTYPE IRS. TOTAL RWD RN/ AREA: REDO SUB RIV/FOR %70000 AS TRUSTEE FOR JALES P. HOWELL - '�- PREPARED FOR PIKE BTRUCRIRENI6BER NONE TAX MAP PARCEL' TOTAL REeOUEAREA: PREFINAL DATE TOWNBNPISORO(OIt NORTH MIDDLETON I WEST PENI66ORO TOWNSHIP • THE PENNSYLVANIA PAR<,8N0.: IESpELTAREA: FINAL, OOII/RM. CUMBERLAND ORMA'B1G: 4 OF 5 TIBWPBD:OOWt8810N SCALE AS SHOWN VEFEICVION DATE REBOUERTARFA D187RIC1. 3 BHffC OF I NOTES THE TES BEARINGS AND gSTANCES ON THE TAKING AREAS W THE PLAN ARE IN GEOMETRIC AGREEMENT WITH THE PENNSYLVANIA TURNPO(E SURVEY k R/W BASELINE AND ARE NOT NECESSARILY IN THE SYSTEM OF ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS THIS PROPERTY PLOT PLAN IS PLATTED FROM THE DEED OF RECORD IN THE COUNTY COURTHOUSE AND REFLECTS THE ACCURACY AND /OR INACCURACY OF THE DEED. PRIVATE PROPERTY LINES ARE PLOTTED FROM THE DEED OF RECORD. ® RECORDED SUBDINSION OR LOT PLANS EXISTING TOPOGRAPHICAL FEATURES AND LIMITED FIELD DATA PRIVATE PROPERTY LINES MERE NOT SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE PROJECT. THIS PROPERTY PLOT PLAN IS NOT TO BE SUBSTITUTED FOR A BOUNDARY SURVEY, THE REOUPED RIGHT -OF -WAY FOR THIS PROJECT SHALL BE ACQUIRED IN FEE S8,1PLE UNLESS OIHERMISE NOTED, AREAS IF ANY, DESIGNATED AS PA(d/NE E. McCOr,4M10 O JAA/fS P. HOAEL(, REQUIRED FOR OTHER THAN RIGHT -OF -WAY SHALL BE ACOUIRED IN SUCH CERAE'YA McCOY MARRIED ARAN ESTATE AS DESIGNATED . WAY © ® WOM RM T.09 GREEN DOCUMENTS GREEN OC MENTS AS RECORD ED INT TO ACT 158 OF 1990. CLEAN AND ew+raAroew N.aINa BOOK 248. PAGE 4238, DATED OCTOBER 28, 2001, , y BEARING L GTK Pr BOOK 280, PAGE 2236, DATED NOVEMBER 17, 2003 4 -] N46R0"OTE 23.W FILED 690, PAGE 883, DATED AUGUST 30, 2002 I B 8489698'E 25,79 AS FILED IN THE WMBERLAND COUNTY RECORDER OF DEEDS OFFICE. 821'3@37' W 8.6W TEMPORARY CONSYRUCTICN EASEMENT. AN AREAS) REQUIRED UNTIL THE yETE O TM�SE REQUIRED RIGHT -OF -WAY LINE M779131 - w(ma) 32.71V (MO.) CONSTRUCTION OR WORK INDICATED BY THE PLAN IS COMPLETED. O OU FOR TOWNSHIP ROAD ® ARCAUDU8 L62TBR -WI-W L UNLESS SOONER REVERTED IN WRITING BY THE COMM6SON. +90. :J j »'s �R� 9a AREA =oawACRE i \\ \ ' +09 W 57LWE NEAOwAIl .80 +29 6 IF CRASSlD ACt= bRW JEfERErA ucco✓ANO \��.� \\ R +9a LEGEND MAQVf1L E .50 NcQJY, f/d5HAN0 - IwfF�_ \\` ` 1 i'. B +29.68 I FCN IOBN9Y/P ROAOY LINE 8.50 j / ��7c � 18•'� U SURVEY & R/W @ pry \ �\ � f SCALID gME1SON �i 14 t5 568 WE 18 E- J- LTP-- -�_ - -- S CUT FRIl T `1;; A j 5 +,� fUP IOMM4I/P RV.40 ® REWIRED RIGHT-YINY A 45' LYA TREE FOR TOWNSHIP ROAD fib E. 011.00 O BE REMOVED 18' E T 1. 3 TEMPORARY CONSTRUCTION EASEMENT O + HARES 45. y E " TV i iD�vA°eTNIwOw FAR TEMPORARYCONSTRWTION EASEMENT P W COW NEAOWAGC eA 1AJmmroaw b�A NJACmroawusas 1W. Pp tg / i`y� Of h REWIRED RIGHT —OF —WAY LINE .MMES P. HOMEZL BEARING I LBaKFF. SIDE BEARING LENGTH. Fr. NCO a y µ ' FCR TOWNSHIP ROAD AWAYED MAN SBW5135T(CEm.) 61.10(CHD.) S S71 WE(CNO.) 279W(CHD.) } p J ® ARC6UOIU8 24 R>mB6bD' ARCIRADIUS L. WR l2ftW PI'S t' S 167T28' W 2BBW 36I— W 3889 TM• Y N64 6WW 81.47 N /S'3r2rE 2ELW DYARMAN ROAD PI STA 13+46.81 A : 34'23'93' FIT AREA- 0=ACRE AREA= 04WACAE D - 20'06'14' T = 88.18' S E MATT 1 R - 285.00' SE - MATCH EXIST DETAIL 20 o sr I DEEDeoDlc DEEDAREA REG IW DRFORLIMREDACCER fL PROPERTYPLOT PRERVEOI)Y: w89. NUMBER PAGE FALCLAIO®AREA: RECD RMIFORTWP. ROI'OIS• _ BIICHARTHORN. RIC PENN/1 T.214.00TOD2 -"1 -04 DATE OF DEER EXCEPTIONUDVESEARWL RH]9 TEMP. CONST. EASEMENR RAN NO_ RIW3lW7 ID. N0.: 373 w� BA IEIVAORK NU DATE OF RECORR LEGLRAYAIEA REOT) DRAI EASEMENT: PRO M6 VJE )CHAWHORRN. 8L R u PERT' tuAT�Owttr IotllrtC Bann YONK,M77401 TURN- RENAME PARCELZ6SDGN CONSIDERATIOt EFFECTIVEAREA: RECD SLOPE FABFAEM: JN MARR MAN 1101 wHONELL ORAYdWTYPE: LRIL STAMPS TOTAL REOD RIWAREAL' READ BLB RNI FOR OODOC AS TRUSTEE FOR AAAIES P.ROWEIl PRE3MRED FOR PIKE STRUCTURE NUMBER: NONE TAX LAP PARCEL: TOTALREBMWAREA PRE4TNAL DATE' TOWNSHIP BOROUCIR NOM MIDDLETON IWEST PENNSBORO TOWNSHIP THE PENNSYLVANA g ... E. AS SHOWN PARC.NO.: REBOUELTAREA: FINAL COUNTY: CUB84AND DIRAIA'INCK B OF 6 y II TURIW60?COMMIBSIOH VEFUCA ION DATE: RESIDUE RTARPA DISTRICT: 3 BHffi: OF Exhibit C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED PARTIALLY IN THE TOWNSHIP OF NORTH MIDDLETON AND PARIALLY IN THE TOWNSHIP OF /WEST PENNSBORO, NO. CUMBERALND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NOS IN REM 29 -07- 0473 -003 and 46 -07- 0473 -014) EMINENT DOMAIN CONDEMNEES: JAMES P. HOWELL, A MARRIED MAN 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. Baled with the official seal of the said Commission and dated this day of ao 2013. ATTEST: PENNSYLVANIA TURNPIKE COMMISSION By: o e dmunds William K. Lieberman Assistant Secretary- Treasurer Chairman EXHIBIT "C" Agenda Item F 3(h) Ate f;NC A 8/19/2013 PENNSYLVANIA TURNPIKE COMMISSION AGENDA ITEM APPROVED BY 8H� 9 120�� Date: July 29, 2013 PENNSY OOMMI88tON ° To: THE PENNSYLVANIA TURNPIKE COMMISSION , ,amrns yencr► From: John F. Dwyer, Assistant Counsel Subject: Total Reconstruction Project, M. P. 220 to 227 James P. Howell R/W No. 3185 -7, a partial take Funding Source: Operating /Capital Funding WBS# T- 214.00T002- 4 -01 -04 G/L Account No. 68050100 It is recommended that the Commission authorize and approve the following: In order to construct the total reconstruction project from mileposts 220 to 227, it is necessary to acquire property owned by James P. Howell (WBS Element No. T- 21.4.00T002- 4- 01 -04, R./W 3185 -7), a partial take. 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 $12,300.00, payable to Stevens & Lee, P.C., as escrow agent; and 3. Authorize payment of additional statutory damages as calculated by the Right of Way Administrator and approved by the Chief Counsel. n/a alidation Memo attached (if necessary) n/ Sole Source Request attached (if necessary / // 3- ohn F. Dwyer orcen A. McCall Assistant Counsel Chief Counsel CONCUR: " Mark P. Compton Chief Executive Officer 1lLED-Or E l L IN THE COURT OF COMMON PLEAS OF'. THE PROTHONY0 TA CUMBERLAND COUNTY, PENNSYLVANIA2Q1 JAN 23 PM 2: IN RE: CONDEMNATION BY THE CIVIL DIVISIO�MBERLAD COUNTY PENNSYLVANIA TURNPIKE PENNSYLVANIA COMMISSSION OF PROPERTY LOCATED PARTIALLY IN THE TOWNSHIP OF NORTH MIDDLETON NO. 13-5529 AND PARTIALLY IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND : COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL STIPULATION OF SETTLEMENT RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE MAINLINE : BETWEEN MILEPOSTS 220 AND 227 IN REM (Parcels part of Tax ID Nos. 29-07-0473-003 : EMINENT DOMAIN and 46-07-0473-014) CONDEMNEE: JAMES P. HOWELL • FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: Mark D. Bradshaw, Esquire I.D. No. 61975 Stephens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Telephone: 717-255-7357 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION PENNSYLVANIA TURNPIKE COMMISSSION OF PROPERTY LOCATED PARTIALLY IN THE TOWNSHIP OF NORTH MIDDLETON AND PARTIALLY IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND : NO. 13-5529 COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE MAINLINE : BETWEEN MILEPOSTS 220 AND 227 • IN REM (Parcels part of Tax ID Nos. 29-07-0473-003 : EMINENT DOMAIN and 46-07-0473-014) CONDEMNEE: JAMES P. HOWELL • STIPULATION OF SETTLEMENT AND NOW, this 1;46 day of J1441 fjig- . , 2014, it is hereby stipulated and agreed by and between the Pennsylvania Turnpike Commission, Condemnor, and James P. Howell, Condemnee, that the within condemnation proceeding is hereby settled, discontinued, and satisfied in the amount of Seventeen Thousand Six Hundred Fifty ($17,650.00) Dollars, which sum is accepted by the said Condemnee in full settlement of all damages payable under the Pennsylvania Eminent Domain Code. It is stipulated and agreed: a. That upon delivery of the Condemnor's check for payment hereunder, the Condemnee shall cause the docket of these proceedings to be marked"Satisfied". b. That the Condemnee represents that no other parties have an interest in these damages by virtue of a lease, easement, security agreement, or for any other reason, and that if -1- any party shall assert a claim against these funds and shall receive a final award therefor in such party's favor against the Pennsylvania Turnpike Commission from a Board of Viewers or Court of record, then the Condemnee agrees to indemnify and save harmless the Pennsylvania Turnpike Commission from such award and agrees to pay the Pennsylvania Turnpike Commission the amount thereof together with costs and reasonable attorneys' fees. Date: !3 / r Li J es P. Howell, Condemnee Date: aM• 2 2 J, 2of L( )�,„*Im = Mark D. Bradsha 'squire Attorney for Condemnor I.D. No. 61975 Stephens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg,PA 17101 Telephone: 717-255-7357 -2- V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION PENNSYLVANIA TURNPIKE COMMISSSION OF PROPERTY LOCATED PARTIALLY IN THE TOWNSHIP OF NORTH MIDDLETON C AND PARTIALLY IN THE TOWNSHIP �' ` OF WEST PENNSBORO, CUMBERLAND NO. 13-5529 COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL r.-+ --�r. RECONSTRUCTION OF THE may° c PENNSYLVANIA TURNPIKE MAINLINE BETWEEN MILEPOSTS 220 AND 227 IN REM (Parcels part of Tax ID Nos. 29-07-0473-003 EMINENT DOMAIN and 46-07-0473-014) CONDEMNEE: JAMES P. HOWELL ORDER AND NOW, this �;2d'5�day of 2014, it is hereby ORDERED and DECREED that the attached Stipulation of Settlement in the above proceeding is APPROVED and made an ORDER OF COURT. BY THE COURT: J. oe5 /7z.5v J . //-8//Y awl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • r..' c^;- IN RE: CONDEMNATION BY THE CIVIL DIVISION A PENNSYLVANIA TURNPIKE COMMISSSION +r OF PROPERTY LOCATED PARTIALLY IN THE : Go• �; ' ' TOWNSHIP OF NORTH MIDDLETON AND ti:'; PARTIALLY IN THE TOWNSHIP OF WEST '�° ZED PENNSBORO, CUMBERLAND COUNTY, _ COMMONWEALTH OF PENNSYLVANIA, FOR : NO. 13-5529 ry ={ THE TOTAL RECONSTRUCTION OF THE -< PENNSYLVANIA TURNPIKE MAINLINE BETWEEN MILEPOSTS 220 AND 227 (Parcels part of Tax ID Nos. 29-07-0473-003 and 46-07-0473-014) IN REM EMINENT DOMAIN CONDEMNEE: JAMES P. HOWELL PRAECIPE FOR SATISFACTION OF PAYMENT AND SETTLE, DISCONTINUE, AND END To: Prothonotary, Civil Division: Payment of the agreed upon sum in settlement having been made by the Pennsylvania Turnpike Commission, you are directed to mark the record of the above proceeding as "Satisfied"upon payment of your costs only. Further, you are directed to mark the record of the above proceeding "Settled, Discontinued, and Ended with Prejudice" upon payment of your costs only. ref; Mark D. Bradshaw, Esquire Jam . Howell,pro se Attorney for Condemnor Co demnee I.D. No. 61975 461 Dyarman Road Stephens & Lee, P.C. Carlisle, PA 17015-8902 17 North Second Street, 16th Floor Telephone: 717-576-3396 Harrisburg, PA 17101 Telephone: 717-255-7357 Date: January 31, 2014 Date: January 30, 2014