HomeMy WebLinkAbout06-2878
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 ALEX L. TATANISH
FOR PUBLIC SCHOOL PURPOSES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. Cie.-.>>>7f C;u;L Y0V1.
EMINENT DOMAIN PROCEEDING.
IN REM
DECLARATION OF TAKING
(FEE SIMPLE AND EASEMENT)
Cumberland Valley School District, pursuant to lhe 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, Acl 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 fee simple interest in land
measuring 919 square feet to provide for the construction of a new public street which will serve
the new elementary school building; and (ii) a temporary construction easement measuring
6,290 square feet to facilitate the construction of 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 15,
1993, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in
Deed Book J, Volume 36, Page 44 ("Entire Property"). The record owner of the Entire Property
is Alex L. Tatanish,
8, The School District hereby appropriates and condemns, for the purposes set
forth in Paragraph 6 above, that portion of the Entire Property measuring 7,209 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 fee simple
and in the form of an easement, specifically: (i) the fee simple interest in land measuring 919
square feet; and (ii) a temporary construction easement measuring 6,290 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 lhe 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
t:"
R. Duffi quire
orney LD. No, 09601
01 Market Street
P.O, Box 109
Lemoyne, PA 17043
Telephone (717) 761-4540
Solicitor for Cumberland Valley School District
:275452
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 ~904 relating to unsworn falsification to authorities.
CUMBERLAND VALLEY SCIiO
DATE:
S' -Ie; -0 ;;
~,
Karen y, Christie, r sident
Board of School Directors
E xi, Jb/+ ff
-
CUMBERLAND VALLEY SCHOOL DISTRICT
RESOLUTION NO. 2006- Z.-S-
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 PUBUC 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 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 the fee simple interest
in certain land owned by Alex L Tatanish containing 919 square feet, together with a temporary
construction easement containing 6,290 square feet, to facilitate the construction of said new
public road, as shown on Exhibit A, attached hereto and made part hereof, being parts of the
parcel described in the deed to Alex L Tatanish dated June 15, 1993 and recorded in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book J, Volume 36,
Page 44; and
WHEREAS, the School District has attempted but has thus far been unsuccessful in
negotiating the 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. ~S7-721 et seq.) , the
School District is authorized to acquire and secure fee simple title in and to said 919 square feet
of land, together with a temporary construction easement of 6,290 square feet, 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 the fee
simple interest of certain lands of Alex L. Tatanish situate in Hampden Township, Cumberland
County, Pennsylvania, containing 919 square feet, together with a temporary construction
easement containing 6,290 square feet as shown on Exhibit A, being part of the parcel
described in the deed to Alex L. Tatanish dated June 15, 1993 and recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book J, Volume 36, Page 44,
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 I day of /11a r ' 2006, by the Board of
School Directors of the Cumberland Valley School District In lawful session duly assembled,
CUMBERLAND VALLEY SCHOOL DISTRICT
By: ~A-'~
Karen Y. Christie, President
Board of School Directors
ATTEST:
~ ',/L-C'
Michael Dieffe~h, Secretary
Board of School Directors
(SEAL)
:274363
EXHIBIT A
PLAN OF LAND TO BE ACQUIRED
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LEGAL DESCRIPTION
CUMBERLAND V ALLEY SCHOOL DISTRICT
N/F ALEX L. TATANISH PROPERTY - "ROAD B"
(1) REQUIRED HAMPDEN TOWNSHIP RIGHT-OF-WAY
All that certain tract, piece or lot SITUATE on the Tatanish property and "Road B" as
shown on "Legal Exhibit 09 for SHAULL ELEMENTARY SCHOOL" prepared by
Derck & Edson Associates, LLP, dated March 13,2006, and as shown on a plan known
as the Preliminary / Final Land Development Plan for Shaull Elementary School as
prepared by Derck & Edson Associates, LLP, Drawing No. 04123 dated November 8,
2005 and last revised January 20,2006 and being more fully bounded and described as
follows:
BEGINNING at a point along the "Road B" right-of-way line at the northwest comer of
the property owned by nlf Alex L. Tatanish; thence along the north property line of said
property North 83 degrees 48 minutes 08 seconds Easl a distance of 153.03 feet to a
point; thence along the right-of-way line for "Road B" South 79 degrees 07 minutes 49
seconds wesl a distance of 122.78 feet to a point; lhence along the said property North 06
degrees 11 minutes 52 seconds West a distance of 10.00 feet to the point and place of
BEGINNING.
CONTAINING: 919 square feet (0.021 acres)
DERCK & EDSON ASSOCIATES, LLP
LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS
33 SOUTH BROAD STREET
LITITZ, PENNSYLVANIA 17543
April 3, 2006
P:\2004\04123-Shaull Elementary School\Project Administration\Misc\Legal Descriptions\060403 LEGAL DESCRIPTlONS
TATANISH PROPERTY,doc
LEGAL DESCRIPTION
CUMBERLAND VALLEY SCHOOL DISTRICT
N/F ALEX L. TATANISH PROPERTY - "ROAD B"
(2) TEMPORARY HAMPDEN TOWNSHIP CONSTRUCTION EASEMENT
BEGINNING at a point on the western legal right-of-way line of Lambs Gap Road, being the
northeast corner oflands n/f Alex L. Tatanish; thence along the western right-of-way line of
Lambs Gap Road South 06 degrees 11 minutes 52 seconds East a distance of 15.00 to a point;
thence through said Tatanish land South 83 degrees 48 minutes 08 seconds West a distance of
150.00 feet to a point; thence through said Tatanish lands South 58 degrees 33 minutes 44
seconds West a distance of 128.98 feet to a point on the western property line of said Tatanish
lands; thence along the western property line of said Tatanish land North 06 degrees 11 minutes
52 seconds West a distance of 60.00 feet to a point on the southern line of the required Hampden
Township right-of-way line; thence along said right-of-way line North 83 degrees 48 minutes 08
seconds East a distance of 30.66 feet to a point; thence along the same North 79 degrees 07
minutes 49 seconds East a distance of 122.78 feet to a point; thence along the same North 83
degrees 48 minutes 08 seconds East a distance of 113 .64 feet to the point and place of
BEGINNING.
CONTAINING 6,290 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 ALEX L. TATANISH
FOR PUBLIC SCHOOL PURPOSES
Solicitors for Condemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. bfa - J-818 CIVIl.... TeR.M
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 In I~C. Book 1Z,:/- ,Page If, YS-.
:275657
JOHNSON, DUFFIE, STEWART & WEIDNER
r R. Du' squire
A orney 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
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 ALEX L. TATANISH
FOR PUBLIC SCHOOL PURPOSES'
Solicitors for Condemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2878 CIVIL TERM
EMINENT DOMAIN PROCEEDING-
IN REM
PROOF OF SERVICE
AND NOW, this 7/1, day of June, 2006, the undersigned does certify that he did,
on May 24, 2006 at 1 :30 p.m., hand deliver to Hubert X. Gilroy, Esquire, Broujos & Gilroy, PC, 4
North Hanover Street Carlisle, Pennsylvania 17013, 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.
:275462
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~
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
IN RE: CONDEMNATION BY
CUMBERLAND VALLEY
SCHOOL DISTRICT
OF CERTAIN LAND KNOWN TO BE THE
PROPERTY OF ALEX L. TAT ANISH
FOR PUBLIC SCHOOL PURPOSES
Solicitors for Condemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2878 CIVIL TERM
EMINENT DOMAIN PROCEEDING-
IN REM
ACCEPTANCE OF SERVICE
I, Hubert X. Gilroy, 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 J..j, 2006
:275463
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Johnson. Duffle, 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 ALEX L. TATANISH
FOR PUBLIC SCHOOL PURPOSES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-2878 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, STEWAR DNER
:279432
By:
Robert M. ker, 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
. t:x h ~b)t A-
IERRY R, DUFFIE
RICHARD W, STEWART
C. ROY WEIDNER, JR,
EDMUND G, MYERS
DAVID W, DELUCE
JOHN A, STATLER
IEFFERSON J, SHIPMAN
RALPH H. WRIGHT. IR.
MARK C. DUFFIE
JOHN R. NINOSKY
MICHAEL I, CASSIDY
MELISSA PEEL GREEVY
ROBERT M. WALKER
WADE D, MANLEY
ELIZABETH D, SNOVER
OF COUNSEL
HORACE A JOHNSON
BRUCE J GROSSMAN"
"'also admitt~d in NY
LAW OFFICES
JOHNSON
DUFFIE
F LEE SHIPMAN
IlYfi5-20(6)
WRITER'S EAT. NO. 130
E-MAIL rmw@jd~w.com
July 31,2006
Hubert X. Gilroy, Esquire
Broujes & Gilroy
4 North Hanover Street
Carlisle, PA 17013
Re: Cumberland Valley School District Condemnation
Lands of Alex L. T atanish
Dear Hugh:
Enclosed please find a check from Cumberland Valley School District made payable to your
client, Alex L. Tatanish, in the amount of $452.00, 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 client in the amount of $500.00, which represents the maximum amount
reimbursable to your client 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 P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@IDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, p.e.
Hubert X. Gilroy, Esquire
July 31,2006
Page 2
We look forward to hearing from your office as to what your client suggests may be the
remaining compensation due in this matter.
Very truly yours,
Weidner
Rob
RMW:ctr:279428
Enclosures
cc: Michael Willis, Cumberland Valley School District
.' ",'",..,.-:'~'"
'<;'.",.,
",~.' "--"',:'~"':\ii'~';:';y SCHOOL
'Descri.pti.-on
~~IMBURSEMENT'~ORLEGAL, ENGIN
Check # 00000048
Invoice No
2
.
07/24/2006 Vendor :TA'rANISRA-'2~TATANfSE,>:ALEX',L
Date Amount PO No
07/24/2006 500.00
Budqetary Account'
20-4100-710-000-10-225-000-000-0000
Check Total:
500.00
" 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 Five Hundred Dollars And 00 Cents
To the Order of:
TATANISH, ALEX L
~~.~
~~
11'000001,811' ':0310301081.1:.1: 0531:.038521.11'
c. '"'' ,,,,,,, "C1lMBlI1lIJIND VALLlllY SCHOOL
'Description
-PAYMENT QF E.STlMATED . JUST COMP
Cheek 4 00000047
Invoice No
1
,
07/24/2 006 'V.ndOr:'rA'rANrSHA:UTANi:SH'~,"',AIilIiX;'L--
Date Amount PO No Budgetary Account
07/24/2006 452. 00 20-4100-710"000~10";l;l5"000"OOO"OOO,0
Check Total:
452.00
. THIS DOCUMENT CONTAINS SECURITY FEATURES SEE BACK FOR DETAILS
CUMBERLAND VALLEY SCHOOL DISTRICT
6746 Carlisle Pike, Mechanicsburg PA. 17050
BOND CONSTRUCTION FUND
To the Order of:
Pay Exactly Four Hundred Fifty-Two Dollars And 00 Cents
TATANISH, ALEX L
~~.~
~~
11"00000.. 711" 1:0:1 10:10108..1;1: 05 :11;0:18 5 ~"II"
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