HomeMy WebLinkAbout06-2876
Johnson. Duffie, Stewart & Weidner
By: Jerry R. Duffie, Esquire
I.D. No. 09601
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jrd@jdsw.com
Solicitors for Condemnor
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF THOMAS E. LEHMAN
AND ELEANOR F. LEHMAN
FOR PUBLIC SCHOOL PURPOSES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. Ol--)JYl1:. OJ-uiL ~~
EMINENT DOMAIN PROCEEDING-
IN REM
DECLARATION OF TAKING
(EASEMENTS)
Cumberland Valley School District, pursuant to the Pennsylvania Eminent Domain Code
("Eminent Domain Code"), Act of June 22, 1964, Spec. Sess., P.L. 84, as amended, 25 P.S. ~~
1-101 et seq., hereby declares:
1. The condemnor is Cumberland Valley School District ("School District"), a school
district organized and existing under the laws of the Commonwealth of Pennsylvania.
2. The School District's address is 6746 Carlisle Pike, Mechanicsburg,
Pennsylvania.
3. This condemnation is authorized by ~ 7-703 and ~ 7-721 of the Public School
Code of 1949, Act of March 10, 1949, P. L. 30, Art. I, as amended, 24 P,S. ~~ 1-101, et seq,
4. This Declaration of Taking is authorized by a Resolution of the Board of School
Directors of the School District ("Board"), which was approved by a majority of the Board at a
special public meeting held on May 1, 2006. A copy of the Resolution is attached hereto, made
a part hereof, and marked Exhibit "A". A copy of the public record in this matter may be
examined at the business office of the School District Administration Building, 6746 Carlisle
Pike, Mechanicsburg, Pennsylvania, during regular business hours.
5. The School District has determined that it is necessary to construct a new
elementary school building and related facilities to provide sufficient and adequate facilities for
the education of students residing within the district.
6. The purpose of the condemnation is to acquire: (i) a permanent utility easement
measuring 600 square feet to provide for, among other things, the construction of certain storm
water drainage improvements in connection with a new public street which will serve the new
elementary school building; and (ii) a temporary construction easement measuring 10,277
square feet to provide for permanent grading adjacent to the utility easement and the new public
road and otherwise facilitate the construction of the storm water drainage improvements and the
new public road.
7. The property being condemned is a portion of a parcel of land located in
Hampden Township, Cumberland County, Pennsylvania, described in a deed dated June 30,
1992, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in
Deed Book T, Volume 35, Page 548 ("Entire Property"). The record owners of the Entire
Property are Thomas E. Lehman and Eleanor F. Lehman.
8. The School District hereby appropriates and condemns, for the purposes set
forth in Paragraph 6 above, that portion of the Entire Property measuring 10,877 square feet,
described in the legal description and shown on the plat attached collectively hereto as Exhibit
"B" ("Condemned Property").
9. The interests in land acquired upon the Condemned Property are in the form of
easements, specifically: (i) a permanent utility easement measuring 600 square feet; and (ii) a
temporary construction easement measuring 10,277 square feet, which said temporary
construction easement shall extinguish automatically upon the completion of construction of the
new public road to be constructed by the School District.
10. Notice of this condemnation, to which are attached a legal description and a plat
showing the Condemned Property, is being filed of record in the Office of the Recorder of Deeds
for Cumberland County, Pennsylvania, as of the same date as the filing of this Declaration of
Taking, in accordance with Section 1-404 of the Eminent Domain Code.
11. A plan made for the use of a Board of View may be inspected at the School
District Administration Building, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, during
regular business hours.
12. The School District, by filing this action, does not waive, and hereby expressly
reserves, all rights it may have to assert any claims due to known or unknown environmental
conditions on or adjacent to the Condemned Property or the Entire Property, including without
limitation, rights under common law, the Comprehensive Environmental Response
Compensation and Liability Act, 42 U.S.C. ~ 9601, et seq., the Resource Conservation and
Recovery Act, 42 U.S.C ~ 6901, et seq., the Clean Water Act, 33 U.S.C. ~ 465, et seq., the
Pennsylvania Storage Tank and Spill Prevention Act, 35, P.S. ~ 6201.101 et seq., the
Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. ~ 6019.101, et seq., and the Pennsylvania
Clean Streams Law, 35 P.S. ~ 631.1, et seq.
13. Just compensation for the appropriation of the Condemned Property is secured
by the taxing power of the School District.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
J
tt ney I.D. No. 09601
1 Market Street
P.O. Box 109
Lemoyne, PA 17043
Telephone (717) 761-4540
Solicitor for Cumberland Valley School District
:274954
VERIFICATION
I, Karen Y. Christie, President of the Board of School Directors of Cumberland Valley
School District have read the foregoing Declaration of Taking and hereby affirm and verify that,
to the best of my knowledge, information and belief, all the statements made therein are true
and correct and that false statements made therein may subject me to the penalties of 18
Pa,C.SA ~4904 relating to unsworn falsification to authorities.
DATE: ,5--1 t? - tJ r;
II.
Karen Y. Christi resident
Board of School Directors
CUMBERLAND VALLEY SCHOOL DISTRICT
RESOLUTION NO. 2006- 1-'2-
A RESOLUTION OF THE BOARD OF SCHOOL
DIRECTORS OF THE CUMBERLAND VALLEY SCHOOL
DISTRICT AUTHORIZING THE SELECTION,
CONDEMNATION AND APPROPRIATION OF CERTAIN
LAND SITUATE IN THE TOWNSHIP OF HAMPDEN,
CUMBERLAND COUNTY, PENNSYLVANIA, FOR PUBLIC
SCHOOL PURPOSES, TO INCLUDE THE CONSTRUCTION
OF A PUBLIC ROADWAY AS REQUIRED FOR MUNICIPAL
AND COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION APPROVALS FOR
THE CONSTRUCTION OF THE NEW SHAULL
ELEMENTARY SCHOOL, AND AUTHORIZING THE FILING
OF A DECLARATION OR DECLARATIONS OF TAKING
AND ALL NECESSARY ACTION FOR THE ACQUISITION
THEREOF.
WHEREAS, the Cumberland Valley School District ("School District") has proposed the
construction of a new Shaull Elementary School, a pUblic school facility, to be constructed on
vacant land owned by the School District on the north side of Wertzville Road, Hampden
Township, Cumberland County, Pennsylvania; and
WHEREAS, it is necessary that the School District acquire and secure certain
easements in lands in Hampden Township for the purpose of constructing a new public road to
connect the new public school facility to Lambs Gap Road (LR. 21051) as required by
Hampden Township and the Commonwealth of Pennsylvania, Department of Transportation, as
a condition of approval of the land development plans for the construction of the school; and
WHEREAS, the School District has determined a need to acquire easements upon
certain land owned by Thomas E. Lehman and Eleanor F. Lehman I described in the deed to
Thomas E. Lehman and Eleanor F. Lehman dated June 30, 1992 and recorded in the Office of
the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book T, Volume 35,
Page 548, which will accommodate the construction of the new public road and facilitate the
construction of the school building as described above; and
WHEREAS, said easements consist of: (i) a permanent utility easement measuring 600
square feet wherein a portion of the storm water drainage infrastructure for said new public road
will be constructed, as depicted on Exhibit A: and (ii) a temporary construction easement
measuring 10,277 square feet to accommodate the construction of the new public road, as
depicted on Exhibit A; and
WHEREAS, the School District has attempted but has thus far been unsuccessful in
negotiating said acquisition of the land from said owner; and
WHEREAS, in accordance with Article VII, Section 721 et seq. of the Public School
Code of 1949, Act of March 10, 1949, P.L. 30, as amended (53 P.S. ~~7-721 et seq.), the
School District is authorized to acquire easements upon said land for school purposes pursuant
to eminent domain proceedings.
NOW, THEREFORE, on motion duly made, seconded and passed on a roll call vote by
the Board of School Directors of the Cumberland Valley School District, be and it is hereby
RESOLVED:
Section 1: This School District hereby selects, condemns and appropriates easements
in certain lands of Thomas E. Lehman and Eleanor F. Lehman situate in Hampden Township,
Cumberland County, Pennsylvania, being part of the parcel described in the deed to Thomas E.
Lehman and Eleanor F. Lehman dated June 30, 1992 and recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book T, Volume 35, Page
548. Said area of land being selected, condemned and appropriated includes: (i) a permanent
utility easement measuring 600 square feet wherein a portion of the storm water drainage
infrastructure for a public road will be constructed, as depicted in Exhibit A; and (ii) a temporary
construction easement measuring 10,277 square feet to accommodate the construction of the
new pUblic road, as depicted in Exhibit A.
Section 2: The Board of School Directors of the Cumberland Valley School District and
its proper officers are hereby authorized to file such Declaration of Taking and such other
papers, documents or proceedings and to perform other actions necessary and requisite to
carry out the purposes of this Resolution, and said officers and the School District's employees
are authorized and empowered to enter upon the land to be taken, condemned and
appropriated in order to make studies, surveys, tests, soundings and appraisals, and to develop,
construct, operate and maintain the public school facility thereof.
Section 3: The institution of such proceedings, including the entry of such bond as may
be required, and any other damages which may be awarded to the owners of the land shall be
paid from such funds which may become available and from time to time appropriated by the
School District through its Board of School Directors for such purposes.
DULY ADOPTED this / day of l1tr"~ ,2006, by the Board of
School Directors of the Cumberland Valley School District in awful session duly assembled.
CUMBERLAND VALLEY SCHOOL DISTRICT
By: l~ (~{AA ~
Karen y, Christie, President
Board of School Directors
ATTEST:
'" '''V
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Michael Dieffenb ',' Secretary
Board of School Directors
(SEAL)
:274366
.
EXHIBIT A
PLAN OF LAND TO BE ACQUIRED
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LEGAL DESCRIPTION
CUMBERLAND VALLEY SCHOOL DISTRICT
NIP THOMAS E. & ELEANOR F. LEHMAN PROPERTY
PERMANENET HAMPDEN TOWNSHIP UTILITY EASEMENT
BEGINNING 28.40 feet along the said property from the southeast property corner and at
the intersection of the utility easement line; thence along the south property line of the
said property South 83 degrees 48 minutes 08 seconds West a distance of 20.00 feet to a
point; thence along the permanent utility easement line North 06 degrees 11 minutes 52
seconds West a distance of 30.00 feet to a point; thence along the permanent easement
line North 83 degrees 48 minutes 08 seconds East a distance of 20.00 feet to a point;
thence along the permanent utility easement line South 06 degrees 11 minutes 52 seconds
East a distance of30.00 feet to the point and place of BEGINNING.
CONTAINING: 600 square feet (0.014 acres)
DERCK & EDSON ASSOCIATES, LLP
LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS
33 SOUTH BROAD STREET
LITITZ, PENNSYLVANIA 17543
April 28, 2006
P:\2004104121.Shaull Elementary SchoolIProject AdministrationlMisc\Legal Descriptions\060428 LEGAL DESCRIPTIONS
LEHMAN PROPERTY.doc
LEGAL DESCRIPTION
CUMBERLAND V ALLEY SCHOOL DISTRICT
N/F THOMAS E. & ELEANOR F. LEHMAN PROPERTY
TEMPORARY HAMPDEN TOWNSHIP CONSTRUCTION EASEMENT
BEGINNING at a point along the northern proposed right of way line for Public Street B, said
point being the southeast property corner of the lands n/fEleanor F. Lehman and Thomas E.
Lehman; thence along the northern proposed right of way line for Public Street B South 83
degrees 48 minutes 08 seconds West a distance of 340.89 feet to a point; thence along the
western property line of the said Lehman property North 12 degrees 30 minutes 28 seconds West
a distance of 30.18 feet to a point; thence through the Lehman property and along the northern
permanent easement line North 83 degrees 48 minutes 08 seconds a distance of 344.21 feet to a
point; thence along the eastern property line of the said Lehman property South 06 degrees 11
minutes 52 seconds East a distance of30.00 feet the point and place of BEGINNING.
CONTAINING: 10,277 square feet
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Johnson, Duffie, Stewart & Weidner
By: Jerry R. Duffie, Esquire
I.D. No. 09601
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jrd@jdsw.com
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF THOMAS E. LEHMAN
AND ELEANOR F. LEHMAN
FOR PUBLIC SCHOOL PURPOSES
Solicitors for Condemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2876 CIVIL TERM
EMINENT DOMAIN PROCEEDING-
IN REM
PROOF OF SERVICE
AND NOW, this i /It day of June, 2006, the undersigned does certify that he did,
on May 24, 2006 at 2:15 p.m., hand deliver to Richard C. Snelbaker, Esquire, Snelbaker &
Brenneman, PC, 44 West Main Street, Mechanicsburg, Pennsylvania 17055, a copy of the
Notice of Condemnation in the above captioned case, who is authorized to and did accept
service of same on behalf of Condemnee.
:275427
Respectfully submitted,
::HNSO~EIDNER
Robert M. alker, Esquire
Attorney I.D. No. 86340
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Telephone (717) 761-4540
Solicitor for Cumberland Valley
School District
-..
Johnson, Duffie, Stewart & Weidner
By: Jerry R. Duffie, Esquire
I.D. No. 09601
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jrd@jdsw.com
Solicitors for Condemnor
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF THOMAS E. LEHMAN
AND ELEANOR F. LEHMAN
FOR PUBLIC SCHOOL PURPOSES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2876 CIVIL TERM
EMINENT DOMAIN PROCEEDING-
IN REM
ACCEPTANCE OF SERVICE
I, Richard C. Snelbaker, Esquire, hereby accept service of the Notice of Condemnation
in the above captioned case. I certify that I am counsel to the above referenced Condemnee
and as such, am authorized to accept service of said Notice.
Date: May 2'1,2006 I? ~ ~.
RiC~~sqUire -
:275428
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Johnson. Duffie, Stewart & Weidner
By: Jerry R. Duffie, Esquire
I.D. No. 09601
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jrd@jdsw.com
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF THOMAS E. LEHMAN
AND ELEANOR F. LEHMAN
FOR PUBLIC SCHOOL PURPOSES
Solicitors for Condemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. c:?b - /).f$;7(, (]./VJL TE~TY1
EMINENT DOMAIN PROCEEDING-
IN REM
MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION
TO THE PROTHONOTARY:
Notice of the above-captioned condemnation is recorded in the Office of the Recorder of
Deeds for Cumberland County, Pennsylvania in fflIS(. Book "':/2 T- ,Page /s ~z....
:274978
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
r . Du I squire
Arney I.D. No. 09601
1 Market Street
P.O. Box 109
Lemoyne, PA 17043
Telephone (717) 761-4540
Solicitor for Cumberland Valley
School District
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Johnson. Duffie, Stewart & Weidner
By: Jerry R. Duffie, Esquire
1.0. No. 09601
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jrd@jdsw.com
Solicitors for Condemnor
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF THOMAS E. LEHMAN
and ELEANOR F. LEHMAN
FOR PUBLIC SCHOOL PURPOSES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2876 CIVIL TERM
EMINENT DOMAIN PROCEEDING-
IN REM
PROOF OF PAYMENT OF ESTIMATED JUST COMPENSATION
AND NOW, this 1st day of August, 2006, the undersigned does certify that he did, on
August 1, 2006, deliver payment of estimated just compensation to Condemnee in the above
matter by causing it to be deposited in the United States mail, postage prepaid, addressed to
counsel for Condemnee. A copy of the transmittal letter and payment are attached hereto, and
incorporated herein by reference and marked as Exhibit "A".
Respectfully submitted,
JOHNSON, DUFFIE, STE
:279438
By:
Robert alker, squire
Attorney 1.0. No. 86340
301 Market Street
P,O. Box 109
Lemoyne, PA 17043
Telephone (717) 761-4540
Solicitor for Cumberland Valley School District
byl-,l.rr tr
JERRY R. DUFFIE
RICHARD W STEWART
C. ROY WEIDNER. IR
EDMUND G, MYERS
DAVID W. DELUCE
JOHN A. STATLER
JEFFERSON J, SHIPMAN
RALPH H. WRIGHT, IR.
MARK C. DUFFIE
JOHN R. NINOSKY
MICHAEL J, CASSIDY
MELISSA PEEL GREEVY
ROBERT M, WALKER
WADE D, MANLEY
ELIZABETH D, SNOVER
OF COUNSEL
HORACE A, JOHNSON
BRUCE J GROSSMAN
"also admitted in \'Y
LAW OFFICES
JOHNSON
DUFFIE
F LEE SHIPMAN
{1965-2006i
\VRITEH'S EXT, No. 1::)0
l!>MArr. rmw(l'jd.B\-v.com
July 31, 2006
Richard C. Snelbaker, Esquire
Snelbaker & Brenneman, PC
44 West Main Street
Mechanicsburg, PA 17055
Re: Cumberland Valley School District Condemnation
Lands of Thomas E. and Eleanor F. Lehman
Dear Dick:
Enclosed please find a check from Cumberland Valley School District made payable to your
clients, Thomas E. and Eleanor F. Lehman, in the amount of $225.00, which represents the
estimated just compensation payable in the above matter. This payment is being made in
accordance with Section 1-407(a) of the Eminent Domain Code. Also enclosed is a check from
Cumberland Valley School District made payable to your clients in the amount of $500.00, which
represents the maximum amount reimbursable to your clients for engineering, legal and/or appraisal
fees actually incurred in this matter.
This payment is made without prejudice to the rights of either your client or Cumberland
Valley School District to proceed to a final determination of the just compensation and this enclosed
payment of estimated just compensation shall be considered only as payment pro tono of the just
compensation as may subsequently be determined by a board of review.
This payment is being made pursuant to Section 1-407 of the Eminent Domain Code and a
copy of this letter, together with a photocopy of the enclosed check, will be entered into the record in
this matter.
301 MARKET STREET PO, BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWWJDSWCOM 717.761.4540 FAX 717.761.3015 MAIL@JDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P,C,
Richard C. Snelbaker, Esquire
July 31, 2006
Page 2
We look forward to hearing from your office as to what your clients' suggest may be the
remaining compensation due in this matter.
Very truly yours,
Weidner
RMW:ctr:279427
Enclosures
cc: Michael Willis, Cumberland Valley School District
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";: .~,;;.,.... ; ~.;;.,
Check . 00000044
Invoice No
1
CUMBERLAND. vALLEY SCHOOL
Description
,.PAYMENT', ESTIMATED JUST. COMPEN$
Check Total:
225.00
, THIS DOCUMENT CONTAINS SECURITY FEATURES SEE BACK FOR DETAILS
CUMBERLAND VALLEY SCHOOL DISTRICT
6746 Carlisle Pike, Mechanicsburg PA. 17050
Commerce
CAMP HI
BOND CONSTRUCTION FUND
Pay Exactly Two Hundred Twenty-Five Dollars And 00 Cents
To the Order of:
LEIIMAN, THOMAS E & ELEANOR F
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~~
11'000001,1,11' 1:03~30~8I,bl:
OS 3bO 38 521,11'
Cheek *.00000045
Invoice No
2
07/24/2006 vendor :'LEaMAN',:TE-2.;LmHMAN;-':' TH6MAS;,":'E'-;:_&'~:El':~F-"
Date Amount PO No BudqetaryAccount
07/24/2006 500. 00 20-4100-710.000-lOc225-000~OOO-OOOO
'~ 'VA.LLl!:Y",SCHOOJ.i
Descript.i.on-
,:,J~EIMBURSEMENT-FOR LEGAL,'. ENGIN
Check Total:
500.00
THIS DOCUMENT CONTAINS SECURITY FEATURES SEE BACK FOR DETAILS
CUMBERLAND VALLEY SCHOOL DISTRICT
6746 Carlisle Pike, Mechanlcsburg PA. 17050
BOND CONSTRUCTION FUND
Pay Exactly Five Hundred Dollars And 00 Cents
To the Order of:
LEHMAN, THOMAS E , ELEANOR F
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~~
11'000001,511' 1:03HO~Bl,bl: 053b03B521,1I"
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