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Home My WebLink About05-6775 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. bf; -t/JAtS (!t'O;[ ~~ IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ! TRANSPORTATION, OF THE : RIGHT-OF-WAY FOR STATE ROUTE 1006, SECTION 002 RIW, IN THE BOROUGH OF CAMP HILL EMINENT DOMAIN PROCEEDING IN REM 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: I. 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 October 27, 2005, titled "Drawings Authorizing Acquisition of Right-of-Way for State Route 1006, Section 002 RIW in Cumberland County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page 170 on November 9, 2005. 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 fee simple, reserving and excepting therefrom an easement on Parcel 1 to PPL Electric Utilities Corporation, and a temporary construction easement. 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 right 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, Gary C. Fawver, P. E., Chief, Utilities and Right of Way Section, of the Department of Transportation, do hereby depose, swear and affinn 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. 94904, relating to false swearing to authorities. WHEREFORE, fee simple title, reserving and excepting therefrom an easement on Parcell to PPL Electric Utilities Corporation, and a temporary construction easement are hereby condemned from the property identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. pagelof 1 REMIS Proi. No. 080185 County- CUMBERLAND S.R.-Section 01006-002 Municioalily Borou.h of Camo Hill ~ RW.437 (12104) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION , SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) *TYPE OF TAKE PT - Partial Take TT - Total Take ''-TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. Number Take Property (if anv) Descrintion Recorded in I 2100285000 PT R Cumberland 355 ASSOCIATES, A PENNSYLVANIA County GENERAL PARTNERSHIP OF Recorder of HARRISBURG, PENNSYLVANIA Deeds, Cabinet 3, NORMAN K. A. HOFFER Drawer I, GENERAL PARTNER Page 170, Sheet 4 II 0 SUNSET A VENUE HARRISBURG, PA. 17112-3055 Location of properly: DEED BOOK 177, PAGE 153 TAX PARCEL NO. 10-20-18454-145 355 N. 21" STREET CAMPHILL,PA 17011-3707 I I 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 002, IN THE BOROUGH OF CAMP HILL DECLARATION OF TAKING Christopher J. Clements Assistant Counsel in-Charge, RIW ID No. 44699 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORT A TION, OF THE RIGHT- OF- WAY FOR ST ATE ROUTE 1006, SECTION 002, IN THE BOROUGH OF CAMP HILL 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, RIW, 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. Dated: 10- -16 . O~ N 4. . ~ ..... $ e NdO ~~ ~i '" ~N '6~ .~ '" ~ B 0 V'. ..... - 0'" ~~ ~,?:S2, 0 .c 0) .....' ~ $. '" '" ~ ~~ ,.......,..~5e;, ;;.,~ ~ p.\ ~ 0 ::l N ole-- ?,~i::?0"" \z:l ~g- 0..... ,-. p.r.n P=lZOIMt)4. %:, U C",'"8, r- ZZ p.B ,+-cO~'- O~ ZZ~?'\z:lU 4. 4-" \-< (l);.(z,c. g~Z4.r.n'6 ~ 0'" "$ 0 ~ . l~ ,.. p. 4. ~ -.0 .s'O Up:l~o 4-" . ",Z <('6~p...8~ ,.. $. -;;l-' 000)0) 0'" Z ,..0.....0 Gl 0) '" 0) p;, p. '" .~~ ~p'6~~5 3' 0) u . 0 4. '" B .~ on:;::. 0 0 \ o '" ';j;: '3P< 08 ~:i,..g>;:l~ ,.. ~~ o pO) Z, \z:l ",'0 %~ 0~~~0p:l '2,'" u p...~~ D 00 u '" .' z,,..o\z:l ;C 04. ~O~ S2,,.. ~ -d Uc2 ~ ~~~ ';;,~ ~ .~ ~~ \j.o b~ 00 u (::> "6C\. ,..-.' 0 n c::.:~' 1- C",:' -n 7Z If\ " " .;.:J'" ~;; ::n \L V\ c::o I"I \. ' r~,'. tI') C") _,~' l " ';"'''''} ":)~~~, - VJ \) co -..l eJ"' ~ ;2 '}.) ()J (,.J ~ r:,? "D -~:\ ~ f,~ (,,,) -.<. - CP -,) ~ p\ - -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEP ARTMENT OF TRANSPORTATION, OF THE RIGHT- OF-W A Y FOR STATE ROUTE 1006, SECTION 002, IN THE BOROUGH OF CAMP HILL O)~~L7I ) NO. CJ:",.:: ( TERM, 20 EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the above term and number on /,/-- 5Lf -t>..>'~ , was recorded in the office of the Recorder of Deeds of the above county in /IJi---SC.. &:"'1<: 7,). 3" Page(s) 3 ':>-3- 0 . 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 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BY District Right of Administrator Engineering District No. 8-0 page 1 of 1 *TYPE OF TAKE PT - Partiai Take TT - Total Take rJ RW-437 (12/04) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A nON SCHEDULE OF PROPERTY CONDEMNED (Declaralion of Taking) REMIS Proi. No. 080185 County CUMBERLAND S.R.-Section 01006-002 Municioality Borough of Camo Hill "TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording wilh Notice of Condemnalion R- Plan now recorded in Recorder's Office Name, Property Interest of Attached *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. Number Take Pronertv (if an v) Descrintion Recorded in I 2100285000 PT R Cumberland 355 ASSOCIATES. A PENNSYLVANIA County GENERAL PARTNERSHIP OF Recorder of HARRISBURG. PENNSYLVANIA Deeds. Cabinet 3. NORMAN K. A. HOFFER Drawer 1. GENERAL PARTNER Page 170. Sheet 4 110 SUNSET A VENUE HARRISBURG. PA. 17112-3055 Location of property: DEED BOOK 177. PAGE 153 TAX PARCEL NO. 10-20-18454-145 355 N. 21" STREET CAMP HILL. PA 17011-3707 C1 , ....., ~.~~ ~:"n CJ r"q C) o " ::;:l ffi:rJ -,..,F.~ -r;C:J '... 1- . .~~ (~,,:: '::5 ~~5 ;.Jrr; " ~ ~> ~O"" -~,' .< ,'-, = (.) o (.,0 . RW432 (03/99) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 01006, SECTION 002 IN THE BOROUGH OF CAMP HILL NO. 05-6775 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND David B. Reynolds, being duly sworn according to law, deposes and says lhat he is Districl Right-of-Way Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and that on or before January 4, 2006, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected lhereby in compliance with Article IV, Seclion 405, of the Eminent Domain Code, Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made part hereof. ,j}w-..d /- District Right-of- Sworn to and subscribed before me 4R a-L~~~ Notary Public COMMONW EALTH OF PENNSYLVANIA My Commission Expires: GEORG NOTARIAL SEAL SED, ACHENBACH /I Notary F"b!' usqUeh~na lWp" DauPhin Coun. IC My Commission Ellpll'lll May 22, ~ .' "--. page 1 of 1 RW-437 (12/04) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTA nON SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) rJ REMIS Proi. No. 080185 County CUMBERLAND S.R.-Section 01006-002 Municioalitv Borough of CamD Hill *TYPE OF TAKE PT - Partial Take TT - Total Take "TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. Number Take ProDertv (ifanv) DescriDtion Recorded in 1 2100285000 PT R Cumberland 355 ASSOCIATES. A PENNSYLVANIA County GENERAL PARTNERSHIP OF Recorder of HARRISBURG, PENNSYLVANIA Deeds, Cabinet 3, NORMAN K. A. HOFFER Drawer 1, GENERAL PARTNER Page 170. Sheet 4 110 SUNSET A VENUE HARRISBURG, PA. 17112.3055 Location of property: DEED BOOK 177. PAGE 153 TAX PARCEL NO. 10-20-18454-145 355 N. 21" STREET CAMPHILL.PA 17011-3707 I I::J (- ....., C:::.) ;:~:.~ '- ~::.. -- ;. (' o .., .--\ fA~;~ , 01 Cl -r) r;~ (.;1 -.J