The URL can be used to link to this page

Home My WebLink About06-2879 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 FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, a - :<.P?Ci C~L l T~ EMINENT DOMAIN PROCEEDING- IN REM DECLARATION OF TAKING (EASEMENT) Cumberland Valley School District, pursuant to the Pennsylvania Eminenl 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 sewer easement measuring 12,864 square feet to provide for the construction and maintenance of a sanitary sewer extension and related improvements which will serve the new elementary school building; and (ii) a temporary construction easement measuring 4,382 square feet to facilitate the construction of the sanitary sewer extension, 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 July 24, 1953, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book I, Volume 15, Page 438 ("Entire Property"). The record owners of the Entire Property are Earl L. Rudy (deceased) and Florence M. Rudy, his widow. 8. The School District hereby appropriates and condemns, for the purposes set forth in Paragraph 6 above, that portion of the Entire Property measuring 17,246 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 lhe form of easements, specifically: (i) a permanent sanitary sewer easement measuring 12,864 square feet for the purpose of constructing, maintaining (including the right to remove vegetation, brush and other surface obstructions there from), repairing, expanding and replacing a sanitary sewer extension; (ii) a temporary construction easement measuring 4,382 square feel, which said temporary construction easement shall extinguish automatically upon the completion of construction of the sanitary sewer extension 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 Prevenlion Act, 35, P,S. ~ 6201,101 el seq., the Pennsylvania Hazardous Sites Cleanup Acl, 35 P.S, ~ 6019.101, et seq" and the Pennsylvania Clean Slreams 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 , R Duffi uire mey I.D. No. 09601 1 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District :275480 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.S.A. ~4904 relating to unsworn falsification to authorities, DATE: 5"'- (~-tJ ~ K ren Y. Christie, r sident Board of School Dir ctors t:-!< P",t A . . CUMBERLAND VALLEY SCHOOL DISTRICT RESOLUTION NO. 2006- l.-.3 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 PU~POSES, TO INCLUDE THE CONSTRUCTION OF A SANITARY SEWER LINE EXTENSION FOR THE PURPOSE OF CONNECTING THE NEW SHAULL ELEMENTARY SCHOOL TO THE PUBLIC SANITARY SEWER SYSTEM AND THE MAKING OF RELATED IMPROVEMENTS 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 easements and rights-of-way in certain lands in Hampden Township to accommodate the construction of a sanitary sewer extension (to include a permanent access road for access to and from the same), for the connection of the new Shaull Elementary School to the public sanitary sewer system, together with the making of other related improvements; and WHEREAS, the School District has determined a need to acquire said easements and rights-of-way in certain lands owned by Florence M. Rudy described in the deed to Earl L. Rudy (deceased) and Florence M. Rudy, his wife, daled July 24, 1953 and recorded in the Office of the Recorded of Deeds for Cumberland County, Pennsylvania in Deed Book 1-15, Page 438, which will accommodate the construction of the improvements described above; and WHEREAS, said easements and rights of way consist of: (i) a permanent easement and right-of-way area wherein a portion of lhe sanitary sewer extension will be constructed (together with a permanent access road for access to and from the same), said permanent easement and right-of-way area measuring 12,864 square feet, as depicted in Exhibit A, attached hereto and made part hereof; and (ii) a temporary construction easement measuring 4,382 square feet to accommodate the construction of the sanitary sewer extension and the permanent access road, as depicted in 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 at saq. of the Public School Code of 1949, Act of March 10, 1949, P.L 30, as amended (53 P.S. ~~7-721 at seq,) , the School District is authorized to acquire and secure easements and rights-of-way in 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 and rights-of-way in certain lands of Florence M. Rudy, situate in Hampden Township, Cumberland County, Pennsylvania, being part of the parcel described in the deed to Earl L Rudy (deceased) and Florence M. Rudy, his wife, dated July 24, 1953 and recorded in the Office of the Recorded of Deeds for Cumberland County, Pennsylvania in Deed Book 1-15, Page 438. Said area of land being selected, condemned and appropriated includes: (I) a permanent easement and right-of-way area wherein a portion of the sanitary sewer extension described above will be constructed together with a permanent access road for access to and from the same, said permanent easement and right-of-way area measuring 12,864 square feet, as depicted in Exhibit A, attached hereto and made part hereof; and (ii) a temporary construction easement measuring 4,382 square feel to accommodate the construction of the sanitary sewer extension and the permanent access road, as depicted in Exhibit A. Section 2: The Board of School Directors of lhe Cumberland Valley School District and its proper officers are hereby authorized to file such Declarations 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 -L day of Jl1 tt~' , 2006, by the Board of School Directors of the Cumberland Valley Scho District in lawful session duly assembled, CUMBERLAND VALLEY SCHOOL DISTRICT By J:M~ CU Karen Y. Christie, President Board of School Directors ATTEST: ~~~ Michael Dieffen~c ,Secretary Board of School Directors (SEAL) :267542 EXHIBIT A PLAN DEPICTING LAND TO BE ACQUIRED " 7'< rn -{ ::l J> 'tl Q o to Q '" ~t '1l J: R U> " ,. r", ~o 8 ,. q q " Q DlllCJ(.&~!?~!?,~ -. ~ If.J-,"'-r.:- .~- ....,,--- ,,---"""'...,- ~ ~~ -~ , , ,~ , Q " ~i ~~ i~ , ~g" ~~ :'\.~ %_1;\ ~~ '~dU /~ ~~ ~y ~~~ , ,\ ~~~ ~ ~~~ " , \1'"1;1,\1 :z ~9~ ~ ~r~ ~~~ ~q rn~rn ~ffi~ r~~ :~8 "'>~ ~~~ ~~gj rni\i . c ~ 'J1 '", ~ o. , j: ~~ ~~l'; '~N~~' " ~,o '- ~~m , '~ ,\ \\ " , , - LEGAL EXI-IlIT "08-8" SHAUlL ELEMENTARY SCHOOL REf. !tEl' f: OlD. ftC SECT PAIN: ~ No. ~ i:::l ~ SCAl.J:I'..40'..-O' 00\11: 11/81200s DW(j IV: AJS PlOIf: 04123 IN.G-08-8 --------------- t:ik,b It b LEGAL DESCRIPTION SANITARY SEWER EASEMENT CUMBERLAND VALLEY SCHOOL DffiTIDCT NIF EARL L. AND FLORENCE RUDY PROPERTY All that certain tract, piece or 101 SITUATE along the southern property line of lhe NIF Rudy property west of Lambs Gap Road (SR 1011 ).as shown on "Legal Exhibit 08-B for SHAULL ELEMENTARY SCHOOL" prepared by Derek & Edson Associates, LLP, dated March 13, 2006, and as shown on a plan known as the Preliminary I 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 at the intersection of the Lambs Gap Road right-of-way line and the shared property line between NIF Earl L. and Florence Rudy property and the NIF McNaughton Co. property; thence along the southern Rudy property line South 56 degrees 50 minutes 37 seconds West a distance of 297.20 feet to a point at the shared property comer ofNIF Earl L. and Florence Rudy and NIF Harold W. and Grace A. Shaffer property; thence along the southern Rudy property line North 49 degrees 41 minutes 16 seconds West a distance of 124.57 feet to a point on the southern Rudy property line; thence North 76 degrees 37 minutes 18 seconds East a distance of 37.23 feet to a point; thence South 49 degrees 41 minutes 16 seconds East a distance of 117.37 feet to a point; thence North 56 degrees 50 minutes 37 seconds East a distance of 281.22 feet to a point on the Lambs Gap Road righl-of-way line; lhence along lhe Lambs Gap Road right-of-way line Soulh 21 degrees 05 minutes 52 seconds East a distance of 30.68 feet to the point and place of BEGINNING. CONTAINING 12,864 square feet DERCK & EDSON ASSOCIATES, LLP LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS 33 SOUTH BROAD STREET LITITZ, PENNSYLVANIA 17543 March 13, 2006 P:\2004\04123-Shaull Elementary School\Project Administration\Misc\Legal Descriptions\06013! Sewer Authority LEGAL DESCRIPTION Rudy Property,doc - LEGAL DESCRIPTION (CONTINUED) SANITARY SEWER EASEMENT CUMBERLAND V ALLEY SCHOOL DISTRICT N/F EARL L. AND FLORENCE RUDY PROPERTY TOGETHER WITH a temporary construction easement measuring 10.00 feet in width and adjoining the northern boundary line of the permanent sanitary sewer easement as shown on the attached Legal Exhibit "08-B", CONTAINING 4,382 square feet. 7' rT1 -{ 3 l> <J o <5 13 " ;0", l(,o J: " "' (\ l> rO' ,:!,o E) -. '" Q q " o DlllCI.&~P..~!?,l:'l _l-!.......-.~~ "'"':'~~..........'''''' n~~ ~lr. ~ ~ ~l1\m ~." !q ~ii r . *~~ ~":~ ~"lii 1i~o mffi " c S " rn~ !;,,~ ~~I': .~N'~ ~ ~ \:::l ~ "~ ,,' \\ ..... LEGAL EXHl!lT "08--11" SHAULL ELEMENTARY SCHOOl sc:N.!:\'.AO'--O' DATE: 11/812005 tH4C 1'1: p.,J6 MOlt: 04123 m....,.t:. COD" IPICtECfP~ ENLG-il8-i! n -<g., (;; (:CI II( ~ ~ lf1. - - U( ~ ::g C> ~ t.:J ~ --() D ~ g ~ 'F' :;:J :: ~~9 1 -q :q =-;C-; ...""" ::SiTl r:-? ~ :.0 CJ ~ W 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 IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6to -~~7q CIIIIL- TB~ 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 I11J S C. Book 7 Z 1- ,Page / ~o g. :275491 WART & WEIDNER I~'",") (::;:::1 c:'_"':';I c.J'..... C) '-n ..-1 -~j- f'V ~J (,) N -. ... . 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 IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2879 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PROOF OF SERVICE AND NOW, this tjl'? day of June, 2006, the undersigned does certify that he did, on May 25, 2006 at 4:30 p.m., hand deliver to Charles E. Shields, III, Esquire, 6 Clouser Road, 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. :275494 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ Robert M. Walker, Esquire 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 . 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 FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2879 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM ACCEPTANCE OF SERVICE I, Charles E. Shields, III, 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 ~S, 2006 ~f!~~ Charles E. Shields, III, Esquire :275496 r....", C:;) C~~-:J ~::r' () -n --I -r fii ?-J -nIT'i ;':~1'") '~, (-, ~ I ; ",=;Fi ..,,1 ?:t .< c. C. _.,~... .:;a.,_ N \..0 ~. Johnson, Duffie, Stewart & Weidner By: Robert M. Walker, Esquire 1.0. No,86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 rmw@jdsw.com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF FLORENCE RUDY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2879 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinue this action. Respectfully submitted By: Robert M. alker Esq Attorney I.D, No, 8634 301 Market Street P,O, Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District /' . CERTIFICATE OF SERVICE AND NOW, this '71'1 day of August, 2006, the undersigned does hereby certify that he served a true and correct copy of this Praecipe to Discontinue upon counsel for Condemnee, Florence Rudy, by depositing the same in lhe United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania addressed as follows: :280858 g ~ -otR Q)tf, ~~:.::c. Z";r- 01-' =<,,:, r:;::;C ):>: -" z'.: 57U 2 :.( ~ ~ \ \\ '" ~ N ~ C1'