IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY CSX TRANSPORTATION, INC. OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH VERSAILLES, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA FOR THE EXPANSION OF THE CSX DEMMLER RAIL YARD (PARCEL ID NO. 379-H-125) NO. GD-15-769 IN REM EMINENT DOMAIN NOTICE TO CONDEMNEES IN ACCORDANCE WITH SECTION 305 OF THE EMINENT DOMAIN CODE, CODIFIED AT 26 Pa.C.S.A. §305, CSX TRANSPORTATION, INC. HEREBY GIVES NOTICE THAT: 1. CSX Transportation, Inc. filed a Declaration of Taking on January 15, 2015 in the Court of Common Pleas of Allegheny County, Pennsylvania at GD-15-769. This was filed pursuant to the requirements of the Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa.C.S.A. §302. 2. The Condemnor is CSX Transportation, Inc., a Virginia corporation, with its principal office located at 500 Water Street, Jacksonville, Florida 32202. 3. CSX Transportation, Inc. is a Class I railroad as defined by the Surface Transportation Board and a "rail carrier" as defined by the Interstate Commerce Commission Termination Act, 49 U.S.C., §10102(5); and CSX Transportation, Inc. is authorized and empowered by 15 Pa. C.S.A. §1511, as amended, to acquire by condemnation any lands reasonably necessary or appropriate for the transportation of passengers or property or both as a common carrier by means of a railroad. 4. This Declaration of Taking was authorized by a Resolution adopted December 22, 2014 by said Condemnor. The record of the proceedings regarding the adoption of the Resolution may be examined at CSX Transportation, Inc.'s Office, located at 500 Water Street, Jacksonville, Florida 32202. 5. The purpose of the condemnation is to acquire property interests to construct an expansion of the Demmler Rail Yard as part of Condemnor's railroad. 6. The property condemned is situate in the Township of North Versailles, Allegheny County and consists of: (a) 23,404 square feet, or 0.53728191 acres in fee, a total take; and (b) all of the herein named Condemnees' right, title and interest in any access easement or right of way over other property of CSX Transportation, Inc. to the 23,404 square feet, or 0.53728191acre tract or parcel of land as condemned aforesaid. A Plan of the property condemned sufficient for its identification has been filed with the Declaration, which was filed with the Department of Court Records of Allegheny County and with the Department of Real Estate of Allegheny County in accordance with Section 304 of the Eminent Domain Code. The legal description of said taking in the Township of North Versailles, Allegheny County, is as follows: ALL THAT CERTAIN tract or parcel of land, situate in North Versailles Township, Allegheny County, Commonwealth of Pennsylvania; located between CSX Transportation Rail Lines, adjacent to the municipal line dividing the City of McKeesport and the Township and south of the Demmler Yards; said tract being more fully bounded and described as follows: BEGINNING at an iron pin (set) on the western right of way line of the CSX Railroad, formerly known as the Baltimore and Ohio Railroad, said point being adjacent to station 7203+22 of the rail baseline, offset left 89 feet; thence by lands of the Redevelopment Authority of Allegheny County North 28 degrees 07 minutes 16 seconds West a distance of 133.24 feet to an iron pin (set) at the eastern right of way line of other lands of CSX Railroad, formerly known as the Pittsburgh, McKeesport and the Youghiogheny Railroad while passing through a 2 ½" iron pipe (found) at nine (9') feet, and an iron pin (found) at 69.91; thence along said railroad by a curve to the left having a radius of 2,400.88 feet, an arc length of 423.64 feet, and a chord bearing of North 18 degrees 03 minutes 28 seconds East, 423.09 feet to an iron pin (set) at the intersection of the eastern and western right of way lines, said point being adjacent to station 7208+73 offset left 142 feet; thence by the western right of way line of the CSX Railroad, formerly known as the Baltimore and Ohio Railroad, the following two courses: (1) by a curve to the right having a radius of 11,426.20 feet, an arc length of 121.10 feet, and a chord bearing of South 02 degrees 30 minutes 25 seconds West, 121.10 feet to an iron pin (set); (2) by a curve to the right having a radius of 1,877.08 feet, an arc length of 404.52 feet, and a chord bearing of South 08 degrees 59 minutes 04 seconds West, 403.74 feet to the point of beginning. Containing 23,404 square feet. BEING also designated as Block 379-H, Lot 125; BEING a part of the same property transferred by Alan Weiss and David Weiss to Weiss Brothers Construction Company, Inc. by Deed dated November 18, 1983 and recorded at Deed Book Volume 6772, page 335 in the Recorder of Deeds Office for Allegheny County, Pennsylvania; ALSO BEING the same property transferred by William P. Mullen, Sheriff of Allegheny County, by writ of execution issued May 23rd, 2002, out of the Allegheny Court of Common Pleas case number GD 01-022837, to Lee S. Gagliardi by Deed dated January 2nd, 2014 and recorded on March 14, 2014 at Deed Book Volume 15539, page 365 in the Department of Real Estate of Allegheny County, Pennsylvania. TOGETHER WITH all right, title and interest of Lee S. Gagliardi and/or Weiss Brothers Construction Company, Inc., as their interests may appear, in any access easement or right of way over other property of CSX Transportation Inc. to the 23,404 square feet tract or parcel of land described above. 7. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estate in any of those minerals, oil or gas as is necessary for the lateral and subjacent support of the surface and any improvements now or hereafter erected thereon, (iii) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) any and all rights of way into, upon, or over the surface of said land, including the right to explore and test drill the minerals, oil or gas; including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or hereafter acquired by the Condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing of minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the Condemnees. 8. A plan showing the condemned property may be inspected at the offices of Hollinshead, Mendelson, Bresnahan & Nixon, P.C., 310 Grant Street, Suite 2901 Grant Building, Pittsburgh, Pennsylvania 15219 during regular business hours. 9. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to §303(a) of the Eminent Domain Code of 2006. Just Compensation is made or secured by the filing of said Bond. 10. If you wish to challenge the power or the right of the Condemnor, CSX Transportation, Inc. to appropriate the condemned property, the sufficiency of security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary objections with the Court of Common Pleas of Allegheny County, Pennsylvania, within thirty (30) days after the publication of this notice. CSX TRANSPORTATION, INC.,By: William P. Bresnahan, Esquire, David L. Nixon, Esquire, Adam R. Zinsser, Esquire, Hollinshead, Mendelson, Bresnahan & Nixon, P.C., 310 Grant Street, Suite 2901, Pittsburgh, PA 15219, (412) 355-7070.
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