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Home My WebLink About06-5077 o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE:CONDEMNATIONBYTHE ' NO. (J(,-sn( ~rl COMMONWEALTH OF : PENNSYLVANIA,DEPARTMENTOF i TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION C8A R/W, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN 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: 1. 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, P A 171 05-8212 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. I 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on October 27, 2005, titled "Drawings Re-Establishing Limited Access Highway And Authorizing Acquisition of Right-of-Way for State Route 0015, Section C8A R/W in Cumberland County", a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page 169, Sheet 2 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, excepting and reserving therefrom an easement on Parcel I for the Upper Allen Township Authority as granted by an instrument dated March 17, 1973, and recorded in Plan Book 5 at Page 49 on September 30, 1975. 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 afftrm 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. ~4904, relating to false swearing to authorities. WHEREFORE, fee simple title, excepting and reserving therefrom an easement on Parcel I for Upper Allen Township Authority, is hereby condemned from the property identifted on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. ~') c i Gary C. Fa#er, P.E. Chief, Utilities and Right of Way Section , ' " " pagel of 1 RW-437 (12/04) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration ofTaking) flJ *TYPE OF TAKE PT - Partial Take IT - 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 REMIS Pro'. No. Coun S.R.-Section Munici ali 080184 Cumberland 00l5-CSA U er Allen T ownshi Name, Property Interest of Attached *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (Ifany) No. Number Take Pronertv (if any) DescrlDtion Recorded in I 2100286000 PT Grantham Court Homeowners Association, R Cumberland A Pennsylvania Non-Profit Corporation County Recorder of Gilbert Lozano, President Deeds, Cabinet 3, Mailing Address: Drawer I, Page 169, P.O. Box 206 Sheet 2 of 2 Grantham, P A 17027-0206 Location of Property: Deed Book X-35, Page 1126 Tax Map # 42-31-2153-183 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION C8A RfW, A LIMITED ACCESS IDGHW A Y IN THE TOWNSIDP OF UPPER ALLEN DECLARATION OF TAKING Christopher J. Clements Assistant Counsel in-Charge, RfW ID No. 44699 Commonwealth of Pennsylvania DepwrunentofTransportation 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 TRANSPORTATION, OF THE RIGHT- OF-WAY FOR STATE ROUTE 0015, SECTION C8A RIW, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN 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. Christopher ements Assistant Counsel in-Charge, Dated: 6- if~. 06 ~ ~~ ~ ~ .~s:~ ~ ~ ~o~~ ~? 5~ ~<~U i. :>- ~~u~ ~fI). ~fI).o<<i:A ~\ 6~ ~~\\n\~ \~ p.~ ~ ~ <~ ~~ ~ ~~I;.~<~ i. ~o 6 ~~Ot~~ 0 <\ \\ z r-< 8i\O<O i:A .. tat)r-< tJ ~~~~~~ ~ t ~\ ~ ~ or-< :;::: O~~~~ ~ U ~ fI). v> ..... g "" ..... ~ ~oo .~ ~ .n ~ ~-s 'Oi 0<'"> ..::;.>:>,';;@ S ~ ~ 0"" ~r- ~ % ~~.~S "0 r-< ,,2 ~ -t t::' .s1"O ~~ ~~ 'd OO~Q II) 0)' ~ !;I ~\ u~cDo ~ ~ ~1 e '" 0) o A '~ r-< u ';0 ~~~ ~~ f I;" () 1 ....j ~ C> ~ ~ ~ ~ . ) V\ "" , . ,...., g 0 "" "Tl ~ -t c: :r: -n G") n'F W }58 o 01 _.,j~ (' ~ ;;':In E~ z5m -/ ':i' --.-t ::1 N ?O -<. ~ -< ( ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT- OF-WAY FOR STATE ROUTE 0015, SECTION C8A R/W, A LIMITED ACCESS HIGHWAY IN THE TOWNSHIP OF UPPER ALLEN NO. TERM, 20 OfR-5077C~ 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 ,4..."kff .1<) ~~, was recorded in the office of the Recorder of Deeds of the above county in ;;3o<:>~ 0 )Ji) ,Page(s) O/s"1= . 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 B~~c:::7' ~-~ ~ District Right of Way Administrator (: ~, Engineering District No. 8-0 " j , pagel of 1 flt RW-437 (12104) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) *TYPEOFTAKE PT - Partial Take n - 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 Attacbed *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. Number Take Pro....riv (if anv) Descrintion Recorded in I 2100286000 PT Grantham Court HomeowneI1l Association, R Cumberland A Pennsylvania Non-Profit Corporation County Recorder of Gilbert Lozano, President Deeds, Cabinet 3, Mailing Address: Drawer I, Page 169, P.O. Box 206 Sheet 2 of2 Grantham, PA 17027-0206 Location of Property: Deed Book X-35, Page 1126 Tax Map # 42-31-2153-183 1 I 8 <: :g?~:. ~.- l~>" ' ~:- 2{O 5~ f~~ ~ .. .. r-.:> = = "" o " ..... ::I::n m , :-geT} ,J)CJ ~'~ (~) ;J::r: ':7;(-'5 Om ;E! .n -< ". c: G') W C> :2 ~ .r:- -.l