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Home My WebLink About06-2969 ~ .. 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 G. JAMES DAVIS AND THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. <XP - MGtj CIVIL TERM EMINENT DOMAIN PROCEEDING. IN REM DECLARATION OF TAKING (FEE SIMPLE) 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 March 6, 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 a fee simple interest in land measuring 5,210 square feet for the expansion of the existing public right-of-way of Wertzville Road, to facilitate the improvement of Wertzville Road as required by Penn DOT and Hampden Township as part of municipal approval of the elementary school construction. 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 31, 1997, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 200, Page 205 ("Entire Property"). The record owner of the Entire Property is G. James Davis and to the best of condemnor's knowledge and belief, the equitable owner of the Entire Property is The McNaughton Company, a Pennsylvania corporation. 8. The School District hereby appropriates and condemns, for the purposes set forth in Paragraph 6 above, that portion of the Entire Property measuring 5,210 square feet, described in the legal description and shown on the plat attached collectively hereto as Exhibit "B" ("Condemned Property"). 9. 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. , ~ 10. 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. 11. 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. 12. Just compensation for the appropriation of the Condemned Property is secured by the taxing power of the School District. JOHNSON, DUFFIE, STEWART & WEIDNER ~ r. R. Du quire orney 1.0. No. 09601 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District ;275760 ., 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: ~',?3 - 0 t; CUM;::AL;'eL:;' Karen Y. Christie, F1fesident Board of School Directors f f k,bi'f It CUMBERLAND VALLEY SCHOOL DISTRICT RESOLUTION NO. 2006- .05 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 IMPROVEMENT OF PUBLIC ROADWAYS 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 making certain roadway improvements, including but not limited to the widening and re-grading of a portion of Wertzville Road 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 certain land owned by G. James Davis, being part of the parcel described in the deed to G. James Davis dated July 31, 1997 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 200, Page 205, which will accommodate the construction of the roadway improvements and facilitate the construction of the school building as described above, which said land, containing 5,210 square feet, is shown on Exhibit "N, attached hereto and made part hereof; 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. ~~7-721 at seq.) , the School District is authorized to acquire and secure fee simple title in and to 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 the fee simple interest of certain lands of G. James Davis situate in Hampden Township, Cumberland County, Pennsylvania, being part of the parcel described in the deed to G. James Davis dated July 31, 1997 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 200, Page 205, containing 5,210 square feet as shown on 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 6th day of March , 2006, by the Board of School Directors of the Cumberland Valley School District in lawful session duly assembled. CUMBERLAND VALLEY SCHOOL DIS RICT ATTEST: ~~ Michael Dieffen , Secretary Board of School Directors (SEAL) :270458 EXHIBIT A PLAN OF LAND TO BE ACQUIRED '" m -<. ::r )> 1) (\ ~~~ m ~~ ~"~ -~ m" ~~ \!! -- ~ \:\:i "'-m ~ \l~ i\a~~ :t:z '" <JI ~~~ !!!I;~ !!!Ulz 'E.i{;\ n~8 ~~lii~ '" <JI 'l"'~ ~~!:i 2,. ... -r! i\Ji!l! ... ~~~ ~Hl o <5 '" o '" ".... ,"0 :I: i'i <JI \: ~g "tI tzl :z: :z: o o H e .., " " C!. --- ...... q ~\~. \~~~ ,oP ..- " ~ "&llDSON DE1lC~ "II".""" --~ CM.__.~ ...~......-:.=.-...'- LEGAL EXHBIT "01" SHAULL ELEMENT ARY SCHOO~ SECT ".~ CDH SCA1!:1.-40'--O' DAn: 3/f3/2~ owe; BY: A..JS f'RO,lf: 04123 ..M!Tt: ENlG-01 .' &xJi0iT B LEGAL DESCRIPTION CUMBERLAND V ALLEY SCHOOL DISTRICT G. JAMES DAVIS PROPERTY - NORTH SIDE OF WERTZVILLE ROAD All that certain tract, piece or lot SITUATE on the north side ofWertzville Road (SR 0944) as shown on "Legal Exhibit 01 for SHAULL ELEMENTARY SCHOOL" prepared by Derck & 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 on the Wertzville Road right-of-way line; thence North 06 degrees 40 minutes 13 seconds West a distance of 20.00 feet to a point; thence along a curve to the left having a radius of 5,684.65 feet on a central angle of 02 degrees 36 minutes 33 seconds with an arc length of258.87 feet, tangent of 129.46 feet, and a chord bearing North 82 degrees 01 minutes 31 seconds East, a distance of258.85 feet to a point; thence South 16 degrees 31 minutes 51 seconds West a distance of 20.16 feet to a point; thence along the Wertzville Road right-of-way line along a curve to the right having a radius of5,705.20 feet on a central angle of 02 degrees 38 minutes 04 seconds with an arc length of262.33 feet, tangent of 131.19 feet, and a chord bearing South 82 degrees 00 minutes 45 seconds West a distance of 262.31 feet to the point and place of BEGINNING. CONTAINING 5,210 square feet (0.119 acres) DERCK & EDSON ASSOCIATES, LLP LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS 33 SOUTH BROAD STREET LITITZ, PENNSYLVANIA 17543 March 13, 2006 P:\2004I04I23-ShauU Elementary SclmollProjcct AdministralionlMisclLegal Descriptionsl060313 LEGAL DESCRIPTIONS DAVIS PROPERTY.doc I " 92~ '" ~~ ~\l;2 "'>=~ h" m~ n~8 ~~ffi~ rn ~~" ~ .a 1ii~> ~ '\:~ 13-", ~ r ~~~r- ;;8..,- ~:z: m '" ..;;.. ;;l\~ ~!;.~ !!!wj\ >=i t \ I \ '-'" " " ~~"~ " " " ~~\ " '" ~~\\ "tI " tzl " ~ ~~1% 8 , ~ ~ ~~ ,,"'-. \ 00 " ~H " C'l ," 0 , " :z: , \~~' '.J, "\ \0\" ' , \: " '.:\, " \ ' I .., 5i~~ j:J;'l' .., r ~~~ ~Hl\~ Cl 6 '" Cl '" ~~ -u ~ " e jii )> Sg .. --- .. q -- ~\"'~ jJ\~'E.'fI.. ,,, -- q " Cl SCALE:I"-40'.-O' DATE: ;.;/13/2O<X. owe BY: AJ5 "'0)1: 04\23 "01" LEGAl EXHlBlT SHAULL ELEMENTARY SCHOO~,"",..lt, (]II) ~ DIlR.CK&~!?~Sl,~ ---.- I:M.__,,,=- '''~~..........- ENlG-01 REf. 9fiT f: k, ~ \ o ~ ~ . -t. -l. -c. r- ,gJ r r fp ~. 'PJ~ ~ t ~ ~~~ . ~ vJ ~t~ _ i V:f o "-> c~ c:.'::I ;;;;',.. c::::;.) 0 _~ <:::I,,'\-n -"i_I, ..". , i;~:;:r -.: m fI1 ~ ]t9 ~ ~:::~i(~J _x ~Zj .?J ~) () J11 ;p! I'\.~ :.:0 .~ ...;; V;,~ \) Co .... ..... . 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 G. JAMES DAVIS AND THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. t)(P- z,~ 7 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PROOF OF SERVICE AND NOW, this " II? day of June, 2006, the undersigned does certify that he did, on May 26, 2006, serve the Notice of Condemnation in the above captioned matter, upon G. James Davis by causing it to be deposited in the United States mail, certified first-class, restricted delivery, return-receipt requested, addressed to G. James Davis at 6410 Wertzville Road, Enola, Pennsylvania 17025 and that he did thereafter receive from the United States Postal Service its return-receipt card No. 7005039000634820146 which is attached hereto, and incorporated herein by reference and marked as Exhibit A, indicating that the Defendant, G. James Davis, had been served by accepting such restricted delivery, on May 30th, 2006. Respectfully submitted, ::HNS~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 :275815.2 .-"-- 8<hi bit A .. ... - ..lJ . . j . . .:t" , M .. - .. .,... .. c::::l: . ru ..-. '. -. . " ~ EQ5524CIAL USE "., P08Iage$ ..lJ Certifted Fee $2.~ CJ CJ c::::l Retum ~ Fee $1.85 (Endol1l8m8nt Recjund) c::::l Restricted D8[veIy Fee $3.70 0- (End0lll8ment ReqU/redj "., CJ Total Postage & Fees $ $9.30 U1 CJ c::::l I"'- · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is d red. . PrInt your name and address . so that we can return the card · Attach this card to the back of th . or on the front if space pennits. 1. ArtIcle Addressed to: o Agent o AddI8S88e C. Date of Delivery DYes ONe , G. rt~ OtJ-I//.s ~'1/() W~;/Ie ((~qJ ZtJtYLtf fJtt 1?-&25- 3.~Type ~CertIfIed Mall o Registered o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Exba Fee) Yes 2. ArtIcle Number (11ansfer Item semce IebeI) PS Fonn 3811, February 7a?S"G?~90~a, 5'1~ UJltI~ 7005 0390 0006 3482 0146 1~-M-1540 ",... j.....,.) c.:::::.") (:,:::) G..... o -I'I ~ fi, :!J r ~~ t (OJ ..; ~.;'i .:-::: (~'~ ,,"'rn ~ -< N -n ~,.) ~.r' , . .. .~'. " . ...-"\ 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 G. JAMES DAVIS AND THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0(,. ~q (,If NO."" ~~1tj CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PROOF OF SERVICE AND NOW, this r 111 day of June, 2006, the undersigned does certify that he did, on May 24, 2006 at 3:30 p.m., hand deliver to Richard D. Leigh, Esquire, McNees, Wallace & Nurick, 100 Pine Street, Harrisburg, Pennsylvania 17101, 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. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ Robert . 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 :275815 .. .. 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 G. JAMES DAVIS THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2969 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM ACCEPTANCE OF SERVICE I, Richard D. Leigh, hereby accept service of the Notice of Condemnation in the above captioned case. I certify that McNees, Wallace & Nurick is counsel to 18tR 8f tR8 818'18 r;efeF&RQ&" CX&t8R=1R88S and as such, I am authorized to accept service of said Notice. 7jf~ Nc-K474 ." C.. Date: May DlY. 2006 :275814 C) c- "3 .~ - . ;?; ':~.=..:) ~'1~'" ( S ~ o -n :;:1 fl'j:n r- -0 {T! :00 =',," (1 ~j ~::;\ "-~; :wr! _,:C) ijni ~ N ..,., W N C) 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 G. JAMES DAVIS AND THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ()(,- Z 7 c;, 7 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION TO THE PROTHONOTARY: Notice of the above-captioned condemnati9..Qjs recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in !'",flSC Book "'9-2 T- ,Page /9t!JZ. :275816 JOHNSON, DUFFIE, STEWART & WEIDNER er . Duffie, ire 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 Q '0. r-.J l::~ f':':;'-::) -c~~ ~'\ () -n ::~ ,.L..,..., 1'.1 r==: I:I:'; ........:. C.) ~:I c.~ ,D .,< r,' t" ' ......" . . Johnson, Duffie, Stewart & Weidner By: Robert M. Walker, Esquire I.D. 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 G. JAMES DAVIS AND THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2969 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 JOHNSON, DUFFIE, STE DNER 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 . . CERTIFICATE OF SERVICE AND NOW, this ~ 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, The McNaughton Company and G. James Davis, individually, by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania addressed as follows: Richard D. Leigh, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 and G. James Davis 6410 Wertzville Road Enola, PA 17025 :280842 ~ . g ~ ~ ~ "" - :;po i~ ;4',CiJ fii E'i :z .~rc~ zr I ({J ')>' 0<;," OJ (C'c ~~ 1:~C -0 -31 5.'C; :J:: ~w. "C r:? ~ ~ ,,> ~ C1'