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HomeMy WebLinkAbout02-3366 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA IN RE: REAL ESTATE SITUATE along Baltimore Road, Southampton Township, Cumberland County, PA CIVIL ACTION - LAW No. 2002- PETITION FOR LEAVE TO SELL REAL PROPERTY NOW COMES the Shippensburg Borough Authority, by and through its Chairman, Kenneth Morgan, and files the within Petition and sets forth as follows: The Shippensburg Borough Authority is a Pennsylvania Municipality Authority, having been chartered pursuant to the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, 53 P.301, as amended. The Board is the appointed body for the Shippensburg Borough Authority. The Shippensburg Borough Authority acquired certain properties in Southampton Township, Cumberland County, among which is an eight (08) acre tract of land along the Baltimore Road. A copy of the Deed to said premises is attached hereto as Exhibit "A", and incorporated herein by reference. 10. A copy of the survey is attached hereto as Exhibit 'B", and incorporated herein by reference. The Shippensburg Borough Authority desires to sell a portion of the real estate it owns along Baltimore Road. Pursuant to the Municipality Authorities Act, the Authority may sell real estate owned by it. Pursuant to its general powers, the Authority advertised for bids, the property owned by it along the Baltimore Road, Southampton Township, Cumberland County. A Copy of said Notice is attached hereto as Exhibit The highest bid received was in the amount of $35,000.00, from Harold Gayman. A copy of the bid is attached hereto as Exhibit "D". The Authority voted to accept the offer at its meeting held February 12, 2002, a copy of the minutes of said meeting is attached hereto as Exhibit The Authority believes that the sale of the property is in the best interest of the Authority and the customers of the water system. WHEREFORE, the Shippensburg Borough Authority prays your Honorable Court to grant its Petition to Sell Real Property located along the Baltimore Road, Southampton Township, Cumberland County, to Harold Gayman, for the sum of $35,000.00, and to authorizes its proper officers to execute such documents as are necessary to convey said property. Forest N My"~s, Esquire Solicitor, Shippensburg Borough Authority Attorney I.D. #18064 137 Park Place West Shippensburg PA 17257 Phone 717.532.9046 Fax 71 7.532.8879 e-mail fn myers@earthlin k.net I verify that the statements made in this Petition for Leave to Sell Real Estate are true and correct. I understand that false statements herein are made subject to the penalties of lB Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: ~ - -. ~,,~[,[]~t[] ~wurgan, ~..nuinrman Shippensburg Borough Authority Cumberland and Franklin Counties, Pennsylvania MA~E THE 31st D~y OF '~-CEMBF~R, / ~E~N: T~ ~OUG~ OF S~IPpE~, ~ co~po~tion or~lze~ ~nd existl~ under the laws of the Commonw~lth of Pe~sylv~ni~ &nd ~v%~ its office and Drincl~l place of business In ShlDDens%~, Pennsylvania, ~rty of the First ~r~ herel~mf~er c~lled the A~ SHIPPEN~ BOROUGH A~H~I~, a co~oration or.hi=ed &~ ext'st~ un, er t~ laws of the Commonwealth of ~onnsylvanla =v~ ~vin6 ~ts office and pr'lnc~l ulace of business in Shippensb~, Pennsylvania, ~rty off the Second ~0~ THI3 I~T~ WI~SSETH, t~t ~n consideration of t~ s~ of O~ DOL~, the receipt whereof ~s hereby ~c~owled~, the said Grantor does hereby ~a~t and convey to the ~ait Grantee, ~ts successors and assl~s, all the following ~escrlbed real estate= ~ac% No. 1: ~L tl~ piece or ~rcel of ~'o~d sit.to In Sout~p:on 'T6wnshlp, C,~berland Count~,~ennsylvania,~. bounded and'descr~be~ as follows~ ~y~; thence/nlo~ sa~a l~ne North th~rty-n~ne (~) f~fteen (15[ ~erches to a Dost; thence by other la~s:~o~ . w s~,,e~ce oy ~ne s~m~ South thirty-nlno (3~6recs West · lf~een ~15~ perc~ to a post~ thence ~]orth fifty-one (51) de- g~ee~ We~16ht ((~ perches ~o the place of DECII:NINC. C t,~rcc-fourt'~s (3~of an acre strict measure, ontminin6 ~li C d for t~ said Dpensb~ Borough Authority across laa~s ~Joinin~ the above . .described tract off l~nd, th~ sa~d rl~h~ bcl~ more ~11y set Forth in deed off James ~ and Ja~e ~. ~ys, hi~ w~fe, to The ~oro~h of Sh~Dpe~sb~6 dated Jan~ry 13, 1886, and recorded in t~ Office Recorder of ~eds of Cumberland Co~y ~n ~ed ~ook "Z", Vol~e ~EING the sa~e real es.tats which Jame~ ~e a~ Jane M. ~y~, h~s by their deed ~ted Jan~ 13, 1886, ~ud recorded ~n the Off,ce of ~ecorder ~of ~eds of C~bcrla~ Co~ty tn Deed Eook "Z", Vol~e ~, ~e 86, conveyed [to ~e Sorou6h of Shlp~nsbur6, Grantor herein. T~ct No. 21 A~ the followln6 lot or ~rcel of ~o~d wlt~te . S°ut~pton bnship, C~berln~d Cowry, Pennsylvania, bonded and deacribed as follow~ = EXHIBIT "A" Mar p.3 IIEGIRNING ~t & corner of the Old Reservoir Lot of the ~orou~;h of ~hippenstu~; thence from s=id corner South thirty-cil;l~t (38) de- .cos fifty (~0) ~lnutcs ~'est, one h~:~red ninety-two (1~2} feet Ii, st, one h~,~red thlrty-t~o (~2) feet to line off land~ no~ or Smith llor~h thirty-ei~I,t (38) de~eee fifty (~0) minute~ (~1) de~ees ten (10) ml~u~es ~s~, one hui~dred thirty-t~o ~,l~gensb~, ~ted Au~st ~, 1~, and recorded in t~ Office of · Recorder of Deeds of ~berland Cowry In ~ed Book .ns .-.. ~EI~G ~he ~me r~l estate ~hich ~es ~ys and ~ana ~. ~ys, his ~ife, by their deed ~ted i~st ~, 1~O~, a~ld recorded In the Office o~ Records{ o~ Deeds of ~berland Cowry in ~ed ~ook sOs, Vol~e ~, ~ ~, . ~T~C~N~, A~ t~ cer~ln tract or piece off land ~Jace~t ~o the road to ~1~ ~a~ and includln~'lhe site For the Cle~ersB~ ~m, slt~te 5out~pton ~nshl~, C~Berland Co~y, Pennsyl~ania, Bo~dod ~nd described ~h~u~n~.seyen h~d~ed eight and seven--tenths (1702.?) feet ~ix (7~) de~ees ~orty-flve (~) minute~ ~st, one hundre~ ~orty- (19) de~ees fifteen (1~) minutes ~st, t~ee hundred ~lnety-five (~) Feet acre or less ~o an an~le point In ~ld relo~ted road; South fourteen (~2) dea~eea fifty-five (~) minutes ~st, h~dred nineteen (~19) feet more or less to an nn~le point Kn (~o~) feet more or less to the j~ctlon point of the centre lines two ~dred ooventy-t~-cc (~7~) feet more or les~ to a poin~ In a linc divldln~ th~ land of the ~ld ~adin~ COQ~ from land now or ffo~ ~2) de~e~s thirty (~0) miautes ~'est t~ae hu:-d--~ ~ - thence s~lll by t~ ~e l~or~h t~enty-el~t (28) de~ee~ fifteen potn~ In the extension off th~ ~ld ~out~r~ line of the ~ld one ~cre t, ract; t.t~nce ];ort. h eeventT-six (?6) dea;rces ~ort~-r~vo (~) mlnu~es ~st through other ~uO o~ ~d Rc~Xn; Com~ nnd b~, the said trac~ previously leased to the ~orot~;h of Ship~nsbur tv ~]~6 tl~ s~e real estate vh~ch' ~he Ree~ Con~ bY lte deed ~ted A~st ~, 1~8, and recorde~ In the Office of Recorder off Dee~ of C~o~berl~d County in ~ed 9ook ~S", Vol~e ~0, ~ 2~, conveyc~ ~c ~hc , Rf ..... "" · ~'e ' · ~ .... ..?. /~. ~ . . On thio, the 31etday of December , 1~, before me, under~t~ed officer, ~rso~l~ app~red Robert B. Morrieon, who ac~led~d himself to ~e the ~eetdent of the ~oro~h Co~cil of the Boro~h of Shippene- ~n contained ~ slain6 the ~e of the corporation by himself as Presid~t. set ~ and o~lctal s~al. Of NOTICE The Shippensburg Borough Authority is soliciting sealed bids for the sale of real estate located along the Baltimore Road, known as the Cleversburg Dam,, and containing approximately 8.3 acres. Bids must be received by the Authority at its office located at 111 North Fayette Street, Shippensburg, Pennsylvania, 17257 not later than 1:00 o'clock P.M., on Tuesday, December 11, 2001. All bids must be accompanied by a certified check or other good funds in an amount equal to ten (10%) percent of the bid amount. Said checks will be returned to unsuccessful bidders within ten (10) days of the bid opening. Bids will be opened by the Authority at its meeting held at 3:30 o'clock P.M., Tuesday, December 11, 2001. The Authority reserves the right to accept or reject any bid and to negotiate with the highest bidder. Further terms and conditions are available at the office of the Authority or its Solicitor during regular business hours. Shippensburg Borough Authority 111 North Fayette Street Shippensburg PA 17257 717.532.2147 Forest N Myers, Esq. 137 Park Place West Shippensburg PA 17257 717.532.9046 EXHIBIT "C" D:\Word Processing~borowater~cleversburg dam.notice of sale-acceptance of bids..doc AGREEMENT OF SALE THIS AGREEMENT made the day of MARCH, 2002, between Shi~)~)ensburg Borough Authority, a Pennsylvania Municipality Corporation, of 111 North Fayette Street, Shippensburg Pennsylvania, hereinafter called "SELLER" AND Harold Gayman, of Shippensburg, Pennsylvania, hereinafter called "BUYER". The Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: Property located in Southampton Township, Cumberland County, Pennsylvania, upon the following terms and conditions, to wit: 1. The price or consideration shall be THIRTY-FIVE THOUSAND and 00/100 DOLLARS ($35,000.00). (a) (b) (c) The sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) downpayment upon the si§nih§ of this Agreement. The balance of THIRTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($31,500.00) will be due at the time of settlement. This Agreement is [ ] is not [x~subject to a mortga§e contingency in the amount of at prevailing rates. 3. The premises are to be conveyed free and clear of all liens, encumbrances and easements, ~x~:ept easements apparent from an inspection of the property and for utilities. 4. Settlement shall be made within Twenty (20) Days following approval of the sale by the Court of Common Pleas of Cumberland County. Said time is to be the essence of this A§reement, unless extended by mutual consent in writin§ endorsed hereon. 5. Possession is to be given at the time of settlement by delivery of deed. 6. Taxes and municipal charges shall be prorated, as of the date of settlement. the Buyer. The Transfer Tax of 2% shall be paid as follows: 1% by the Seller and 1% by EXHIBIT The following special conditions shall apply: Seller agrees to provide a survey of the property. (b) Buyer understands that this sale must be approved by the Court of Common Pleas of Cumberland County. In the event this sale is not approved, Seller shall cancel said sale and refund all monies deposited herewith to Buyer. 9. In the event the Seller is unable to give a good and marketable title as above set forth, Buyer shall have option of taking such title as the Seller can give without abatement of price, or of being repaid all money paid on account of Buyer to Seller, and in the latter event, there shall be no further liability or obligation by either of the parties hereunder and this Agreement shall become null and void. 10. Should the Buyer violate or fail to fulfill or perform any of the terms of conditions of this Agreement, then and in that case, all sums paid by the Buyer on account of the purchase price for consideration herein may be retained by the Seller, either on account of the purchase price, or as liquidated damages for such breach, as the Seller shall elect, and in the latter event, the Seller shall be released from all liability of obligation and this Agreement shall become null and void. 11. Buyer has inspected the premises, and agrees, to accept the same in "as is" condition without reliance upon opinions or (epresentations of Seller. The present "as is" condition will be maintained by Seller subject to the exceptions aforesaid, until final settlement. 12. This Agreement shall not be recorded in the Office of the Recording of Deeds or in any .ot~her office or place of public record. 13. This Agreement contains the whole agreement between the Seller and the Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever. 14. Sellers warrant and represent that, to the best of their knowledge, information and belief after inquiry made and due diligence: (1) no hazardous substance (as defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. § 9601 (14), as amended by the Superfund Amendments and Re-Authorization Act of 1986 (Pub. Law No. 99-499, 100 Stat. 1613 (1986)(SARA) is presents on the premises; (2) no hazardous waste, residual waste or solid waste as defined in Section 103 of the Pennsylvania Solid Waste Management Act, 35 P.S. § 6818.103 and/or 25 Pa. Code § 75.260 and § 75.261 is present on the property; (3) no hazardous substances (as defined in Section 103 of the Pennsylvania Hazardous Sites Cleanup Act, Act of October 18, 1988, P.C. No. 108 (HCSA or Pennsylvania Superfund Act.), is either presently being disposed of, stored or treated or has ever been dispose~l of, stored or treated by the Seller, or to the Seller's knowledge, on the.premises; and (4) Seller has not been identified in any litigation, administrative proceedings or investigation as a responsible party for any liability under the above-referenced law. Seller will not use, generate, treat, store, dispose of or otherwise introduce any hazardous substances, hazardous waste, residential waste, or solid waste (as defined above) in or on the premises and will not cause, suffer, allow or permit anyone else to do so. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. ATTEST: Shippensburg Borough Authority WITNESS: Harold Gayman, BIPOlaR - F:\WorcJ Processing\realestete\client's work\cleversburg dam.gayman, harold.agmt of sale. MarO2.doc Following a brief discussion, Vice Chairperson Kenneth Morgan moved to approve the request of CSR Enterprises, contingent upon L'ET, Inc.'s revisions being met. Motion seconded by Member Dawn Manetta. Motion carried unanimously. 4. 2002 Meetinq l)ates. Member Down Monetta moved to approve the following meeting dotes for 2002: January 8 ,Tuly g February 12 August 13 March 12 September i0 April 9 October 8 Moy 14 November 12 .Tune 11 December 10 Motion seconded by Vice Chairperson Kenneth Morgan. Motion carried unanimously. $..'Tappinq Fee Request. Secretory William Wolfe reviewed a letter from .Toon Smith stating that she plans to open o business at 429 East Orange Street and is requesting that she not h~ve to pay the tapping fees until after one (1) year in order to determine the actual usage. He stated that the topping fees would be based on seating capacity. Secretary Wolfe explained that he just received the request today end hasn't hod time to review the request. Steve Huntzinger commented that if the Borough Authority considers this request, there's a statement in the letter indicating that the overage usage be calculated and he suggested that peak usage be considered. Vice Chairperson Kenneth Morgan moved that manag;ment explain the actual topping fees to ,To~n' Smith and that the fees would be calculated at peak usage. Motion seconded by Member Down Marietta. Motion carried unanimously. 6. Cleversburq Dam Bids. The Borough Authoril~ reviewed the bids received for the purchase of the ¢leversburg Dam: Morlin and Brendo Horst Thomas Hay Harold Gaymon Robert Homsher Lawrence Boyler Seen Dice .Tomes 5moll, .Tr. $15,000.00 $36,601.00 $35,000.00 $10,306.99 $z6,1oo.oo $10,003.00 $ 2,525.00 Solicitor Forest Myers pointed out that Mr. Hc~/s bid was accompanied by a personal check, where,~ the bid documents indicated a certified check, and Mr. Hay is present with a cashier's check, if the Authority chooses to waive that condition. He stated EXHIBIT "E" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA IN RE: REAL ESTATE SITUATE : along Baltimore Road, : Southampton Township, : Cumberland County, PA : CIVIL ACTION - LAW No. 2002- 3 3 ~& ~ AND NOW, ORDER 2002, having considered the within PETITION FOR LEAVE TO SELL REAL ESTATE, it is hereby (saiddlth~__~of~ 2~002, for the purpose of hearing testimony on Notice of said Hearing shall be published one time in a newspaper of general circulation, not less than seven (7) days or more than thirty (30) days prior to the date set for the hearing. By the ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA IN RE: REAL ESTATE SITUATE : along Baltimore Road, : Southampton Township, : Cumberland County, PA : C WL^CT ON- 2002- O~RDER_ AND NOW, this_~ day of~, 2002, after Hearing held in this matter, it is hereby ORDERED and DECREED that the Shippensburg Borough Authority, be and is hereby authorized to sell the land owned by it at along Baltimore Road, Southampton Township, for $35,000.00 to Harold Gayman, and the officers of the Borough Authority are authorized to execute the necessary documents to transfer the property.