BOROUGH OF CARLISLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO. 2324

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1 BOROUGH OF CARLISLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE OF THE BOROUGH COUNCIL OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE EXERCISE OF EMINENT DOMAIN AS MAY BE NECESSARY PURSUANT TO THE AUTHORITY PROVIDED IN THE PENNSYLVANIA BOROUGH CODE, 8 Pa.C.S.A 1501 WHEREAS, the Borough of Carlisle (the Borough ) is a home rule municipality created and existing under the laws of the Commonwealth of Pennsylvania; and WHEREAS, the Borough Council of the Borough of Carlisle has determined it is necessary to exercise its authority, pursuant to Section 1501 of the Borough Code, 8 Pa.C.S.A. 1501, to file, as may be necessary a Declaration of Taking for certain property as more fully set forth within; and WHEREAS, pursuant to Section of the Borough Code, 8 Pa.C.S.A , the Borough has the power to maintain, lay out, establish, open, widen, improve, and grade streets for purposes of public travel, safety and, convenience; and WHEREAS, pursuant to Section 1761 of the Borough Code, 8 Pa.C.S.A. 1761, the Borough has the power to make improvements to State highways; and WHEREAS, the Borough has identified certain roads and streets to be redesigned and improved as part of the Carlisle Connectivity Transportation Improvement Project; and WHEREAS, it is necessary for the Borough to acquire and secure appropriate fee simple and easement interests in lands located in the Borough for purposes of establishing and maintaining the transportation improvements required as part of the Carlisle Connectivity Transportation Improvement Project; and WHEREAS, the Borough has determined that the acquisition of portions of the Properties owned by John and Evangelia Bazionis located at 320 N. Hanover Street, Carlisle, Pennsylvania, and S Rana, LLC located at N. Hanover Street, Carlisle, Pennsylvania, hereinafter collectively referred to as the Property Owners, is or may be needed as part of the Carlisle Connectivity Transportation Improvement Project; and

2 WHEREAS, the Borough has certified title of the Properties to be acquired; and WHEREAS, the notice as required by the Local Public Agency Acquisition of Right of Way requirements was provided to the Property Owners; and and WHEREAS, the Borough obtained appraisals and appraisal reviews for the Properties; WHEREAS, the required written offers were provided to the Property Owners in accordance with the Local Public Agency Acquisition of Right of Way requirements; and WHEREAS, the Property Owners rejected the written offers; and WHEREAS, the Borough attempted to settle amicably with Property Owners; and WHEREAS, the Borough and Property Owners were unable to come to a resolution and therefore the Borough desires to start the condemnation process; and WHEREAS, having exhausted all efforts to amicably effectuate the acquisition, the only option left to the Borough is a filing of a Declaration of Taking; and WHEREAS, Article VI, Section 602.A.6 of the Carlisle Home Rule Charter requires that the purchase or acquisition of real property by the Borough be approved by Ordinance. NOW THEREFORE, BE IT ENACTED AND ORDAINED, by the Borough Council of the Borough of Carlisle, Cumberland County, Pennsylvania and it is enacted and ordained as follows: SECTION I: The recitals referenced above are incorporated herein, by reference hereto. SECTION II: Borough Council hereby authorizes the condemnation for public use of such portions of the Properties of John and Evangelia Bazionis, located at 320 N. Hanover Street, Carlisle, Pennsylvania, being tax parcel , and S Rana, LLC, located at N. Hanover Street, Carlisle, Pennsylvania, being tax parcel , as may be necessary for the Carlisle Connectivity Transportation Improvement Project, which Properties and the areas that may be condemned of each Property are more particularly described and shown on Exhibit A and Exhibit B attached hereto and incorporated herein by reference. SECTION III: The Borough provided the required notice to the Property Owners. In the spirit of exerting much effort and numerous attempts to reach an amicable agreement the

3 Property Owners affected by the Carlisle Connectivity Transportation Improvement Project, an agreement has not been reached. SECTION IV: J. Jay Cooper, Esq., Right-of-Way Solicitor for the Borough, is authorized and directed to file, as may be necessary, a Declaration of Taking for the Property set forth on Exhibit A and Exhibit B attached hereto and incorporated herein by reference, in accordance with the provisions of applicable laws and to take such additional steps as may be necessary. SECTION V: The proper officers of the Borough are authorized and directed to execute, attest, acknowledge, and deliver such instruments and documents as may be necessary to effect the taking of the Property and to determine upon consultation with its Right-of-Way Solicitor, J. Jay Cooper, Esq., and such other advisors as may be deemed necessary, the consideration to be paid and the time and manner of such payments to compensate the owner of said properties in accordance with the requirements of law, including the Pennsylvania Eminent Domain Code, and, if possible, to enter into one or more agreements with such owners for delivery of the Property. SECTION VI: The proper officers of the Borough of Carlisle are hereby authorized to execute all notices, instruments, declaration(s) of taking and any and all other documents and take all other action necessary for purposes of condemning the Properties for the purposes herein contained. SECTION VII: The nature and extent of the title and interest to be acquired in the Properties as noted in Section II is fee simple title to certain portions of said Properties as well as the acquisition of permanent slope and/or required access easements over other portions of said Properties, all as shown on Exhibits A and B hereto. The condemnation may also include the elimination of existing or potential points of access onto adjacent public roads from the Properties and the taking of improvements, including one or more signs, located in the areas of the Properties being condemned. SECTION VIII: The Properties are being acquired for the purpose of paving, installing, opening, establishing, widening, grading and maintaining roadway, access easements, sidewalk, curbing and any related street, signal and traffic control devices and improvements, in, upon, over, under, across and through the Properties, together with all rights of ingress, egress and regress into, over, upon, through, under and along and from said Properties, including the acquisition of required access easements on or over the subject Properties as shown on the Exhibits attached hereto.

4 SECTION IX: Repealer. All provisions of previous ordinances of the Borough of Carlisle which are contrary to this ordinance are expressly repealed. SECTION X: Savings Clause. In all other respects, the ordinances of the Borough of Carlisle shall remain as previously enacted and ordained. SECTION XI: Severability. The provisions of this Ordinance are severable and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any remaining sections, clauses or sentences of the same. SECTION XII: Effective Date. This Ordinance shall become effective upon adoption. DULY ADOPTED this day of, 2019, by the Borough Council of the Borough of Carlisle, Cumberland County, Pennsylvania, in public session duly assembled. BOROUGH OF CARLISLE ATTEST: By: Timothy A. Scott, Mayor Joyce E. Stone, Borough Secretary (Borough Seal)

5 Exhibit A

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7 EXHIBIT A RIGHT-OF-WAY AND ACCESS EASEMENT NEEDED FROM PARCEL 88 LEGAL DESCRIPTION OF RIGHT-OF-WAY AND EASEMENT RIGHT-OF-WAY BEGINNING at a point on the west side of SR0011, also known as N. Hanover Street, said point being the southeast corner of lands now or formerly of John Bazionis and Evangelia Bazionis, said land also known as 320 N. Hanover Street, and being described in Cumberland County, Pennsylvania Deed Book Y29, Page 808, defined as Parcel 88, at SR0011 Station , offset LT, thence from said point to the following courses and distances: 1. Along the southern boundary of aforementioned Parcel 88, North 49 degrees, 31 minutes, 48 seconds West a distance of 6.41 feet to a point on the property line of Parcel 88 and the northern line of lands now or formerly owned by V&C United, LLC, a Pennsylvania Limited Liability Company, and being described in Cumberland County Courthouse, Pennsylvania Instrument Number from Deed dated September 24, 2010 from HR Twenty Corp., also defined as Parcel 87, at SR0011 Station , offset LT, thence 2. North 41 degrees, 25 minutes, 14 seconds East a distance of feet to a point on the northern property line of Parcel 88 and lands now or formerly owned by S Rana, LLC., a Pennsylvania Limited Liability Company, said land also known as 330 N. Hanover Street, and being described in Cumberland County Courthouse, Pennsylvania Instrument Number from Deed dated May 10, 2018 from Choudries, Inc. a Pennsylvania Corporation, by Lawrence V. Young Chapter 11 Trustee in Bankruptcy appointed by the United States Department of Justice, also defined Parcel 89, at SR0011 Station , offset LT, thence 3. South 49 degrees, 31 minutes, 48 seconds East a distance of 4.65 feet to a point on the property line of Parcel 88 and the southern line of Parcel 89, at SR0011 Station , offset LT, thence 4. South 40 degrees, 25 minutes, 45 seconds West a distance of feet to the Point of Beginning. Said right-of-way containing 564 square feet or 0.01 acres. ACCESS EASEMENT FOR PARCEL 87, EASEMENT FOR DRIVEWAY PURPOSES BEGINNING at a point on the southern boundary of Parcel 88 and the northern property line of Parcel 87, at SR0011 Station , offset LT, thence from said point to the following courses and distances: 1. Along the southern boundary of aforementioned Parcel 88, North 49 degrees, 31 minutes, 48 seconds West a distance of feet to the southwest corner of Parcel 88 and the northern property line of Parcel 87, at SR0011 Station , offset LT, thence 2. North 40 degrees, 28 minutes, 12 seconds East a distance of feet to a point along the eastern property line of Parcel 87, at SR0011 Station , offset LT, thence 3. South 49 degrees, 31 minutes, 48 seconds East a distance of feet, at SR0011 Station , offset LT, thence 4. North 40 degrees, 28 minutes, 12 seconds East a distance of feet to a point along the northern property line of Parcel 88 and the southern property line of Parcel 89, at SR0011 Station , offset LT, thence 5. South 49 degrees, 31 minutes, 48 seconds East a distance of feet to a point along the northern property line of Parcel 88 and the southern property line of Parcel 89, at SR0011 Station , offset LT, thence

8 EXHIBIT A RIGHT-OF-WAY AND ACCESS EASEMENT NEEDED FROM PARCEL 88 LEGAL DESCRIPTION OF RIGHT-OF-WAY AND EASEMENT 6. South 41 degrees, 25 minutes, 14 seconds West a distance of feet to the Point of Beginning. Said access easement containing 3,862 square feet or 0.09 acres

9 Exhibit B

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11 EXHIBIT B RIGHT-OF-WAY AND EASEMENTS NEEDED FROM PARCEL 89 LEGAL DESCRIPTION OF RIGHT-OF-WAY AND EASEMENTS RIGHT-OF-WAY BEGINNING at a point on the west side of SR0011, also known as N. Hanover Street, said point being the southeast corner of lands now or formerly of S Rana, LLC., a Pennsylvania Limited Liability Company, said land also known as 330 N. Hanover Street, and being described in Cumberland County Courthouse, Pennsylvania Instrument Number from Deed dated May 10, 2018 from Choudries, Inc. a Pennsylvania Corporation, by Lawrence V. Young Chapter 11 Trustee in Bankruptcy appointed by the United States Department of Justice, also defined Parcel 89, at SR0011 Station , offset LT, thence from said point to the following courses and distances: 1. Along the southern boundary of aforementioned Parcel 89, North 49 degrees, 31 minutes, 48 seconds West a distance of 4.65 feet to a point on the property line of lands now or formerly of John Bazionis and Evangleia Bazionis, said land also known as 320 N. Hanover Street, and being described in Cumberland County, Pennsylvania Deed Book Y29, Page 808, defined as Parcel 88, at SR0011 Station , offset LT, thence 2. North 41 degrees, 25 minutes, 14 seconds East a distance of feet at SR0011 Station , offset LT, thence 3. North 40 degrees, 25 minutes, 45 seconds East a distance of feet at SR0011 Station , offset LT, thence 4. North 38 degrees, 15 minutes, 04 seconds East a distance of feet at SR0011 Station , offset LT, thence 5. North 40 degrees, 25 minutes, 45 seconds East a distance of feet to a point on the southern property line of Parcel 89 and SR0034, also known as Carlisle Spring Road at SR0011 Station , offset LT, thence 6. South 01 degrees, 41 minutes, 23 seconds West a distance of 7.99 feet along the southern property line of Parcel 89 at SR0011 Station , offset LT, thence 7. South 40 degrees, 25 minutes, 45 seconds West a distance of feet to the Point of Beginning. Said right-of-way containing 915 square feet or 0.02 acres. SLOPE EASEMENT 1 FOR PARCEL 89 BEGINNING at a point 4.65 feet West and feet north of the southeast corner of Parcel 89 at SR0011 Station , offset LT, thence from said point to the following courses and distances: 1. Along the western boundary of aforementioned right-of-way line North 49 degrees, 31 minutes, 48 seconds West a distance of 5.80 feet to SR0011 Station , offset LT, thence 2. North 40 degrees, 25 minutes, 45 seconds East a distance of feet to a point at SR0011 Station , offset LT, thence 3. South 49 degrees, 34 minutes, 15 seconds East a distance of 6.33 feet, at SR0011 Station , offset LT, thence 4. South 40 degrees, 25 minutes, 35 seconds West a distance of feet, at SR0011 Station , offset LT, thence 5. South 41 degrees, 25 minutes, 14 seconds West a distance of feet to the Point of Beginning. Said slope easement containing 598 square feet or 0.01 acres SLOPE EASEMENT 2 FOR PARCEL 89 BEGINNING at a point 4.65 feet West and feet north of the southeast corner of Parcel 89 at SR0011 Station , offset LT, thence from said point to the following courses and distances:

12 EXHIBIT B RIGHT-OF-WAY AND EASEMENTS NEEDED FROM PARCEL 89 LEGAL DESCRIPTION OF RIGHT-OF-WAY AND EASEMENTS 1. North 49 degrees, 34 minutes, 15 seconds West a distance of 6.33 to SR0011 Station , offset LT, thence 2. North 40 degrees, 25 minutes, 45 seconds East a distance of feet to a point at SR0011 Station , offset LT, thence 3. North 1 degrees, 37 minutes, 9 seconds East a distance of feet, at SR0011 Station , offset LT, thence 4. Along a right curve radius of 3, feet for an arc length of 8.07 feet and a cord distance of 8.07 feet South 87 degrees 29 minutes, 24 seconds East at SR0011 Station , offset LT, thence, 5. South 1 degrees, 41 minutes, 23 seconds West a distance of feet, at SR0011 Station , offset LT, thence 6. South 40 degrees, 25 minutes, 45 seconds West a distance of feet, at SR0011 Station , offset LT, thence 7. South 38 degrees, 15 minutes, 4 seconds West a distance of feet, at SR0011 Station , offset LT, thence 8. South 40 degrees, 25 minutes, 45 seconds West a distance of feet to the Point of Beginning. Said slope easement 2 containing 956 square feet or 0.02 acres ACCESS EASEMENT FOR DRIVEWAY PURPOSES FOR PARCELS 87 AND 88 BEGINNING at a point 4.65 feet West of the southeast corner of Parcel 89 at SR0011 Station , offset LT, said point being along the northern property line of Parcel 88, thence from said point to the following courses and distances: 1. North 49 degrees, 31 minutes, 48 seconds West a distance of feet along the property line to SR0011 Station , offset LT, thence 2. North 51 degrees, 3 minutes, 27 seconds East a distance of feet to a point at SR0011 Station , offset LT, thence 3. Along a right curve radius of 15 feet for an arc length of feet and a cord distance of feet south 88 degrees 52 minutes, 50 seconds East at SR0011 Station , offset LT, thence, 4. South 47 degrees, 4 minutes, 56 seconds East a distance of feet, at SR0011 Station , offset LT, thence 5. South 28 degrees, 29 minutes, 39 seconds East a distance of feet, at SR0011 Station , offset LT, thence 6. South 50 degrees, 20 minutes, 46 seconds East a distance of feet, at SR0011 Station , offset LT, thence 7. South 29 degrees, 58 minutes, 48 seconds East a distance of feet, at SR0011 Station , offset LT, thence 8. South 49 degrees, 31 minutes, 48 seconds East a distance of feet, at SR0011 Station , offset LT, thence 9. South 41 degrees, 25 minutes, 14 seconds West a distance of feet to the Point of Beginning. Said driveway access easement containing 4,762 square feet or 0.11 acres