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HomeMy WebLinkAbout99-06186 {- y Y { N-0 rTM?• tyr ' f ?7 t q { xY x f i ,'4`d_ ti F L Y 4 S ?? x ?` ..F "T ? - p .IY ` C Y? u rs ?F rl _ .,r i t '? YfJ?.a r 4 ? l s ry^1 SyY $ ??"` n fy" F : F rz "} M • ? l r a ax ?f $: r ti }:yy N? i Yf Y^^ ` t t t' e ? : ? - "• 4"" l ? ' t`? y ' : _ .. .? " ,rte A nil r 1 3 Wt -, Ty.. { S ?y y j S• S N ` { 45; j Sp A 5 I Y r ?L } l?yj l ? in f " k 5 1+ +? rY J ? 'x f 4 r' y s " r a + ht"h ? it ik ? i+ ? ? t 9 }f t de " i 1 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. yJ-b1g& CIVIL TERM IN REM (EMINENT DOMAIN) DECLARATION OF TARING The MONROE TOWNSHIP MUNICIPAL AUTHORITY, a municipal authority, by and through its Solicitor, James D. Bogar, Esquire, does hereby file this Declaration of Taking and declares as follows: 1. The condemnor is the MONROE TOWNSHIP MUNICIPAL AUTHORITY (hereinafter "Authority") having its principal office at the Monroe Township Municipal Building, 1220 Boiling Springs Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055. 2. This Declaration of Taking is filed pursuant to the authority of Section 11 of the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended (53 P.S. 5314), and in accordance with the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, as amended (26 P.S. §1-101 et seq.) 3. This Declaration of Taking is made and authorized by virtue of Resolution No. 99-5 duly adopted by the Monroe Township Municipal Authority at a public meeting held on September 15, 1999, in the Authority's Public Meeting Room. The record of said public meeting, being the minutes thereof, and the original Resolution may be examined at the Authority's office, a copy of said Resolution being attached hereto, marked Exhibit "All and incorporated herein by referent thereto. 4. The purpose of this condemnation and this Declaration of Taking filed incidental thereto is to acquire and secure ease- ments and rights-of-way, both temporary and permanent, in lands for the construction, installation, operation, maintenance, repair, and replacement of a sanitary sewerage system by the Authority. 5. Attached hereto, marked Exhibit "B" and incorporated herein is documentation which contains the several descriptions of the lands, easements and rights-of-way situate in Monroe Township, Cumberland County, Pennsylvania, necessary to be obtained for the purposes, as aforesaid. A copy of said docu- mentation mentioned in said Exhibit "B" is being filed as of the date of the filing hereof in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at the Cumberland County Courthouse in Carlisle, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, Act of June 22, 1964 (Special Session), P.L. 84, Article IV, as amended. 2 6. The nature and extent of the titles, easements and rights-of-way acquired hereby are for the purposes of construct- ing or re-constructing a sanitary sewer system, which construc- tion or re-construction will include, but not necessarily be limited to, installing, constructing, erecting, laying, using, operating, maintaining, inspecting, removing, repairing, replac- ing, re-laying, enlarging, and adding to from time to time the aforementioned sanitary sewerage distribution pipe line and system as are more fully set forth in Section 1 of Resolution No. 99-5 (Exhibit "A") which said Section is specifically incorpo- rated herein by reference thereto. 7. The name or names of the Condemnee or Condemnees herein are more fully set forth in Exhibit "B", attached hereto and incorporated herein by reference thereto as though fully written herein. 8. The above named Condemnee or Condemnees are in each case the owner or owners in fee simple of the lands or interests therein being taken, appropriated and condemned. 9. Plans describing and showing the condemned lands and properties may be inspected at the office of the Monroe Township Municipal Authority at the Monroe Township Municipal Building at 1220 Boiling Springs Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055. 3 10. The Authority, as Condemnor, files contemporaneously herewith its Bond, without surety, pursuant to Section 403(a) of the Eminent Domain Code as aforesaid (53 P.S. §403(a)), which Bond secures just compensation to the Condemnees. Date: C &cL&et,fe3,?Qgq &2?- Jambs D. Bog r, Esquire Solicitor fo nroe Township Municipal Authority ATTEST: MONROE TOWNSHIP MUNICIPAL AUTHORITY 7 By: Ernest Garvin, Bf-uce K. Bare a , Chairman Secretary l 4 MONROE TOWNSHIP MUNICIPAL AUTHORITY CUMBERLAND COUNTY. PENNSYLVANIA RESOLUTION NO. 99 - 5 A RESOLUTION OF THE MONROE TOWNSHIP MUNICIPAL AUTHORITY AUTHORIZING THE SELECTION, CONDEM- NATION AND APPROPRIATION OF CERTAIN INTERESTS IN CERTAIN LANDS SITUATED IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAIN- TENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM, AND AUTHORIZING THE FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF WHEREAS, THE MONROE TOWNSHIP MUNICIPAL AUTHORITY (hereinafter called "Authority") has proposed the construction of a sanitary sewerage system (the "Southern Sewer System - Churchtown Project") in Monroe Township, Cumberland County, Pennsylvania (hereinafter called "Township"); and WHEREAS, it is necessary that the Authority acquire and secure certain easements and rights-of-way in, over, across, under and through various lands in Monroe Township, Cumberland County, Pennsylvania, for the purpose of presently constructing, installing, operating, maintaining, repairing and ultimately replacing said sanitary sewerage system; and WHEREAS, the Authority has developed a plan or plans, survey or surveys of the necessary lands, easements and rights-of-way which will accommodate said sanitary sewerage system, which plan or plans, survey or surveys, is/are embodied in certain oxu ITA :J E documentation as made by Brinjac, Kambic and Associates, Consult- ing Engineers (Engineers), D.C. Gohn Associates, Inc. (Surveyors) and Ronald E. Stephens (Surveyors), which are collectively marked Exhibit "A", filed with this Resolution, and incorporated herein by reference thereto; and WHEREAS, the Authority has been unsuccessful in negotiating the acquisition of the easements and rights-of-way from all of the owner or owners of the land to be affected thereby; and WHEREAS, in accordance with Section 11 of the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended (53 P.S. §314), the Authority is authorized to acquire and secure such titles, easements, rights-of-way and other interests in and to the said lands through eminent domain proceedings, all in accordance with the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, as amended (26 P.S. §1-101 et se n.) NOW, THEREFORE, be it resolved by the Monroe Township Municipal Authority, Cumberland County, Pennsylvania, as follows: SECTION 1: This Authority hereby selects, condemns and appropriates those premises set forth in the documentation (Exhibit "A") attached hereto and incorporated herein by reference thereto, which indicates the lands selected, condemned and appropriated and the names of the owners of the property interest condemned as reasonably known to the Authority. The nature and extent of the titles, easements, and rights- of-ways to be acquired under this Section 1 are as follows: A temporary construction easement and, thereafter a free, 2 I " r uninterrupted and unobstructed right-of-way along the route designated and herein-after described, in, over, across, upon, under and through the tract of land described in the aforementioned plans or surveys, respectively, for the purposes of constructing or reconstructing a sanitary sewer system, which construction or reconstruction will include, but not necessarily be limited to, installing, constructing, erecting, laying, using, operating, maintaining, inspecting, removing, repairing, replacing, relaying, enlarging, and adding to from time to time sanitary sewer line or lines, conduits, manholes and drains, and other appurtenances, including related and required grading, all said work taking place in, over, across, upon and through the tract of land described in the aforementioned plans and surveys, respectively, and the repairing and maintaining of same as herein indicated, together with all rights of ingress, egress and regress, in, to, over, upon, through, along and from said tract of land necessary and convenient for full and complete use by the Authority, its successors and assigns, of the said temporary construction easement and, thereafter, a free, uninterrupted and unobstructed right-of-way along the route designated and hereinafter described, and for the exercise of said privileges to construct or reconstruct a sanitary sewer system as set forth herein, and to repair and maintain same as hereinabove indicated, including, but without limiting, the foregoing right, power and privilege to have its officers, agents, employees or contractors go in, to, over, across, upon, under, through, along and from said tract of land to do and perform, with or without equipment, any and all acts necessary or convenient to carry into effect the purposes recited above, to keep the surface and subsurface of the said easement and right-of-way cleared of all timber, trees, roots, brush and other obstructions and to install and maintain gates and/or stiles in any fences crossing the said easement and right-of-way. SECTION 2: The Authority and its proper officers are hereby authorized to file such Declarations of Taking and such papers, documents and/or proceedings, including the entry of such bond as may be necessary or desirable, and to do and perform all other acts necessary and requisite to carry out the purposes of this Resolution, and said officers and the Authority's employees or agents are authorized and empowered to enter upon the lands to be taken, condemned and appropriated in order to make studies, surveys, tests, soundings, appraisals, and other investigations as deemed appropriate and necessary. SECTION 3: The institution of such proceedings, including the entry of such bond as may be necessary or desirable, and any damages which may be awarded to the owner or owners of the premises or lands shall be paid from such funds which may become available and from time to time appropriated by the Authority for such purposes. RESOLVED THIS %S11,- day of ??cL , 19991 by the Board 4 X The following list addresses of the owners of the condemnation of Authority for sanitary together with a map or showing and describing the condemnation: XQL NAME OF OWNER(S) t or schedule contains the names and of certain real estate being the subject and by the Monroe Township Municipal sewerage easements and rights-of-way, plan corresponding with each owner's name the extent of the owner's land subject to 1. John B. Backenstoes Lori A. Backenstoes 1284 Boiling Springs Road Boiling Springs, PA 17007 Wendy K. Belt 1282 Boiling Springs Road Boiling Springs, PA 17007 Donna Parks 1280A Boiling Springs Road Boiling springs, PA 17007 HPL EXTENT OF TAXING 1. 1,477 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-2. 2. 2,037 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Wendy K. Belt", dated September 6, 1995 and marked ROW-3. 3. 61372 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Donna Parks", dated September 6, 1995 and marked ROW-4. 4. Kevin B. Benton 4. 15,545 sq. feet, more or Margaret J. Burlew less, as shown on the 362 Old Stone House Road plan or map attached Mechanicsburg, PA 17055 hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Kevin B. Benton and Margaret J. Burlew", dated June 9, 1995 and marked ROW-8. 5. Gary J. Loper 5. 11945 sq. feet, more or Marjorie A. Loper less, as shown on the 328 Old Stone House Road plan or map attached Boiling Springs, PA 17007 hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Gary J. and Marjorie A. Loper", dated June 6, 1995 and marked ROW-22. 6. Sharon R. Nelson 6. 1,343 sq. feet, more or c/o 4303 Park Street less, as shown on the Camp Hill, PA 17011 plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Sharon R. Nelson", dated June 1, 1995 and marked ROW-35. 7. Henry W. Gable 7. 958 sq. feet, more or 344 Old Stone House Road less, as shown on the Boiling Springs, PA 17007 plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Henry W. Gable", dated June 6, 1995 and marked ROW-41. 8. Terrence M. McDonough 8. 453 sq. feet, more or Marie Lorette McDonough less, as shown on the 340 Old Stone House Road plan or map attached Boiling Springs, PA 17007 hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Terrence M. and Marie Lorette McDonough", dated June 6, 1995 and marked ROW-42. 9. Chester A. Kope, III Janene S. Kope 1281 Boiling Springs Road Boiling Springs, PA 17007 10. Sandra L. Massie 1288 Brandt Road Mechanicsburg, PA 17055 11. Joan E. 348 Old Boiling Shoemaker Stone House Road Springs, PA 17007 9. 702 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan over Lands of Chester A., III and Janene S. Kope", dated June 8, 1995 and marked ROW-46. 10. 426 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Sandra L. Massie", dated June 81 1995 and marked ROW-47. 11. 1,664 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Joan E. Shoemaker", dated June 12, 1995 and marked ROW- 50. 12. Donald D. Luther Debra A. Luther 1438 Boiling Springs Road Boiling Springs, PA 17007 13. Nelson F. Gish Betty M. Gish 277 Old Stone House Road Mechanicsburg, PA 17055 14. Barbara J. Gudel Shaffer Mark D. Shaffer 1380 Boiling Springs Road Carlisle, PA 17013 15. Alan E. Dum Tara E. Dum 1386 Boiling Carlisle, PA Springs Road 17013 12. 2,223 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-66. 13. 28,206 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-67. 14. 5,042 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Barbara J. Gudel Shaffer and Mark D. Shaffer", dated June 19, 1995 and marked ROW-74. 15. 5,882 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Alan E. and Tara E. Dum", dated June 19, 1995 and marked ROW- 75. 16. Donald A. McLean, Jr. Susan G. McLean 1446 Lutztown Road Boiling Springs, PA 17007 17. John J. Heinze Jere S. Heinze 1559 Boiling Springs Road Boiling Springs, PA 17007 18. J. Edward Clouse, Trustee of the Irrevocable Agreement of Trust of Tiffany Clouse, Heather Kutz and Vallery Aulenbacher 2075 Ritner Highway Carlisle, PA 17013 19. Jamestown Development Co. 714 Oakhill Drive Boiling Springs, PA 17007 16. 21,494 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Donald A., Jr., and Susan G. McLean", dated June 20, 1995 and marked ROW-76. 17. 4,208 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of John J. and Jere S. Heinze, dated June 22, 1995 and marked ROW-77. 18. 46,543 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of J. Edward Clouse, Trustee", dated June 21, 1995 and marked ROW-79. 19. 7,843 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Jamestown Development Co. $', dated June 20, 1995 and marked ROW-80. 20. Galen C. Byers 1441 Cockleys Meadow Drive Boiling Springs, PA 17007 21. Thomas E. Cook 1439 Cockleys Meadow Drive Boiling springs, PA 17007 22. Richard M. Coble 1453 Cockleys Meadow Drive Boiling Springs, PA 17007 20. 1,800 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Galen C. Byers", dated June 23, 1995 and marked ROW-105. 21. 560 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Thomas E. Cook", dated June 23, 1995 and marked ROW-107. 22. 3,100 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-108. 23. Tim W. McCurdy 23. Darlene C. McCurdy 1449 Cockleys Meadow Drive Boiling Springs, PA 1707 1,799 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-109. 24. 91900 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plane, dated August 23, 1999 and marked ROW-114. SAN., SEWER R/W AREA 1477 SO. FT. t L POCL 0 p MH 59 +M 10' H 59A N 15' O 6 -6" 4J7 op Q H 60 07/// y MH 58 B0/(/NO S/?R/N0S R040 SCALE: 1" m 50' Pipeline Easement Construction Easement NOTE: /j otted frcm 0 TC'NMSnIF MUNICI"AL ?U'. -vrl i r?r i! SEEWER =LAM 0? m 0 0 PRUMION& RONALD E S UHEN$7 Property Owner(s): John B. & Lori A. Backenstces Tax Parcel # 2_-28-2401-006 Title source: Deed book N 36-283 Plan date: August 23, 1999 Drawing No.: ROW-2 BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS s v Se:--na St. Ncc st:cr?. =a l,tCt-14C, N o? /r SAN. SEWER R/W AREA 2037 S0. ' Ff. t, 4.0, Cr 4INOq /F F/Sy fR V O O OP 2?Q 0 R/M ALLEY R/W C CBS. ??Rcti M' 0 T pq RT 4 EXHIBIT k , SANITARY SEWER RIGHT-OF-WAY PLAN OM LANDS Or WENDY K. BELT WONPOE TOWNSHIP. CUU8VkANO CO. PA. CNURCNfOWN ARG WRINGS AND DISTANCES 940" ARE SASW ON MONROE TOWNSHIP MUNICIPAL A IVICIA '' - D C GOHN ASSOCIATES, INC' CHURCHTOWN AREA - HORUONTAL DATUM. . . SURVEYORS k ENGINEERS - MOUNT JOY. PA. TAX MAP NO. 22-28-2401-007 OWN. BY: JS8. J1.1K SCALE: 1' w 50' DATE: 9/6/95 DEED REF. J 29-236 DATE OF DEED: 4/13/81 CKD. BY: WRS PROJ. N0.:3495-01 DWG NO.:ROW-3 SAN. SEWER R,/W AREA 6372 SO. FT. t N (iNDq (N ?StiFR T p ??f h p v ? r \ qCN CFRq /F Z\Q RUINS w F$ w( SOH s ? ' W N4 J'0 "" OJ?oe f110. p 00. M N ) ? q'7 yol ?8? or C? 5- VA ?eC Q CONSTE W _ `O © fJ MH 1 0 M" 64 NR 145.8' N 62 \\? c ALLEY ?yv RT ST SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF e eET A DONNA PARKS cXH18 MONROE TOWNSHIP, CUMBERLAND CO. PA. CHURCNTOWN AREA BEARINGS AND DISTANCES SHOWN ARE BASEL ON MONROE TOWNSHIP MUNICIPAL AMCRrtr - D C. GOHN ASSOCIATES, INC. CHURCHTCWN AREA - HORIZONTAL DATUM . SURVEYORS & ENGINEERS - MOUNT JOY, PA. TAX MAP NO. 22-28-2401-010 OWN. BY: JSB. JMK SCALE: 1- a 50' DATE: 9/15/95 OEED REF. F 30-749 DATE OF DEED: 5/24/83 CKD. BY: WRS PROD. NO.:3495-01 DWG NO.:ROW-4 SAN, SEWER R/W AREA 15,545 SO, FT. t N fON/F 9??0 ss? -Ao SANITARY SEWER RIGHT-OF-WAY PLAN CvER LINOS OF KEVIN B. BENTON & MARGARET J. BURLEW UCNRCE TCWNSPIP, CUIABERtANO CO. PA CNURCNTCWN AREA BGAwCS AND DISTANCES SNCMIN ARE BASED ON CNII URCNTCWN M¢A '- HCPIZCMAATUM D.C. COHN ASSOCIATES, INC. SURIV (CRS k ENOiNEERS - MOUNT JOY, PA. c MAP NO. :2-28-240t-079 OWN. Br JS3 I SCAU; t" . 2CO' I CATS; ti/09/95 aE?. U 33-170 DATE OF GEED: 1/09/89 _CKO. BY: WRS I PROD. NO.; 3495-011 OWG NO,: ROW N A L L E Y EP- = O , GE??O/N fN CNes wic SON SAN, SEWER R/W AREA 1945 SO. FT, t a 8 i 8 j / C W It W? . TO yN OS SANITARY SEWER RIGHT-OF-WAY PLAN Oyu LAOS OF GARY J. & - MARJORIE A. LOPER M0NROE TOWNSHIP, CUMBERLAND CO. PA. CHURCHTOWN MG BEARiNCS AND DISTANCES SHOWN ARE BASED ON CHURRCCMDWN ARREAMUHORIZONTAAL DATTUUM U.C. GOHN ASSOCIATES, INC. SURVEYORS do ENGINEERS - MOUNT JOY, PA. TAX MAP NO. 22-28-2401-017 OWN. BY- JSB SCALE: 1-- 50' DATE: 6/06/95 DEED REF. Z 29-830 DATE OF DEED: 12/20/82 CKD. BY: WRS PROJ NO.:3495-01 DWG NO.:ROW-22, I SAN. SEWER R/W AREA 1343 So. FT. t - N r? My?s ?s ,0. / ??? rOG 0p o ?. po =4r N LSAT. DIS 1?90 Q REtT a? '3 06) BEARINGS AND DISTANCES SHOWN ARE BASED :N MCNRCE TOWNSHIP WUNICPAL AUTHCRTTY - CHURCHTCWN APEA - HCRI.CNTAL DATUM. TAX MAP NO. °°?y,, ZZ-28-24or-OSa CE:] REF. K 33-102 CATE OF OEEO: 6%11/2 SANITAR" SEWER RIGHT-OF-WAY PLAT! MA WICS OF SHARON R. NELSON MCNRCE TOWNSHIP. C?yEEAIArO CO. PA. CHURCHTCWN AREA O.C GOHN ASSOCIATES, INC. SURYETCPS & ENGINEERS - MOUNT JOY. PA. OWN. SY: JMK I SCALE: 1" - °C' CA -it, 6/1 CKO. EY: 'NRS I FRCJ. NO.:3495-01 DWG NO.: R' N T A. , Q. -'ors M M, & STR??? O ?w? cl) SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF HENRY W. GABLE BEARINGS AND DISTANCES SnOVN ARE BALED CN UCNRCE TOWNSMP UUNIC,PAL AUTNCRrrY - CNURCHTOWN AREA - NCRI;CNTAL DAryv TAX VAP NO. 22-29-2401-CE4 REF. 112-1145 CAiE CF SAN. SEWER RAI AREA 958 SO. Ff. t SANITARY" SEWER RIGHT-017-WAY PLAN OVER VNCS ;f YORK FEDERAL SAVINGS AND LOAN ASSOC. UCNRCE TOWNSMP, CUUBERLAND CO. PA. CNURCMCWN AREA C.C. GOHN ASSOCIATES, INC. SUF'/ErCFS & ENGINEERS - VCUNT JOY, PA. OWN. BY. JSo I SCALE: 1' a 50' CATE: 6/06/95 Cn0 BY: 'NRS PRCJ. N0.:749'_-011 GWG NO.: ROW-41 T, 630 ?R:? N A. 4 At/ Cy fRYR A.A Og & r P J m pw.?y EA SAN. SEWER R/W AREA 453 SO. FT. f ROON / / 40 p CB ??QQ Af34p / O? r ? O SANITARY SEWER RIGHT-OF-WAY PLAN avrn Lmos or TERRENCE M. & MARIE LORETTE McDONOUGH UCHROE TOWNSHIP, CUUBEP AMO CO. PA CHURCHTOWN AREA BEARINGS AMO DISTANCES SHOWN APE BASED ON UONROE TOWNSHIP MUNICIPAL AUTHORM - D.C. GOHN ASSOCIATES, INC. CMURCHTOWN AREA - HCRIZONTAL OAHU SURVEYORS & ENGINEERS -MOUNT JOY, PA. TAX MAP NO. 22-28-2401-065 OWN. BY: JSB SCALE: 1" . 50' DATE: 6/06/95 DEED REF. K 31-266 DATE OF DEED: 8/01/85 CKD BY: WRS PROJ. NO.:3495-01 DWG NO.:ROW-4i i N to 2?v 2QOT ?e SAN. SEWER R/W AREA 702 SO. FT. t ,\ py?RCy I?8' ?T ,RE?r P D?? 2\9jv • P ? 1. ?(y v Jv v V Q CO,y?OE rCyo !o BEARINGS AND DISTANCES SHOWN ARE BASCO CN MONROE TOWNSHIP MUNICIPAL AUTHORITY CHURCHTOWN AREA - HORIZONTAL DATUM MAP NO. 22-28-2401-069 REF. 104-1186 DATE OF CE?D: CA to SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS Or CHESTER A.,III & JANENE S. KOPE MONROE TCMNSHIP, CUUSERLAND CO. PA. CHURCHTOWN AREA D.C. GOHN ASSOCIATES, INC. SURVETOR.S do ENGINEERS - MOUNT JOY. PA. OWN BY JSB SCALE: 1- . 50' DATE: 6/08/95 CKD. BY: WRS PROJ. NO ;.95-01 DWG NO.: ROW-4{ SAN. SEWER R/W -AREA . 426 SO. FT. t N pyvR?y C8 RTE SrRECT ., fa Q i ?TT MyV _ •''?? 2a• R/CCf "+N, hr C' W.7' ' FP Ca 1 Ica: z? P O 4 C Z?tr C7 ? o/? , q/M 1 C'seue??(?) r SANITAF': SEWER RIGHT-OF-WAY CLAM DEEP :Arcs Cr SANDRA L. MASSIE BEARINGS AND DISTANCES SNCwH ARE BASED CN YONRCC TCwNSHIP MUNICIPAL AUTHCPITY - CHURCHTCwN AREA - HORIZCHTAI. CATLY NAP NO. 22-28-2401-070 ) P.EF. M 36-270 DATE OF GEED: 7 uCNRC[ TCWNShIP, C:YBE.%,. N0 Co. PA. CHURCNTOwN AREA D.C GCHN ASSOCIATES. INC. SURYEYCF.S & ENC)NEEFS - MOUNT JOY. PA. CWN. EY: JSE SCALE: 1- - :0' I DATE. 9/08/3 CKO. SY: WPS FROJ. NO.:349!-01 OWG NO.:ROW-A'r A EA AD y/Gy s 6¢?? ST REE s JAI k4a N i 43 ,17. k?MMFL x? r/ a ------- - ------- SAN. SEWER R/W AREA 1664 SQ. FT. t MB ,;I MH L?!(/ c) i W rc ?C? G ?J `p SANITAF'! _EWER FIGHT-CF-'NAY PLAN CKP UNDS :f JOAN E. SHOEMAKER UCNPCE TCWN$HIP. CUUBEVLAhD CO. PA. CHUPCHTCWN AREA BEARINOS AND DISTANCES SHCWN ARE BASED CII CHUPCHTOWN AREA - HCPt CNTIL DATTUUU D.C. SOHN ASSCCIATES, iNC. SUP?ETCFS !c ENGINEERS - MCUNT JOY. PA. MAP NC. 2"-28-2401-081 OWN. E!: JES SCAL=: I" . !0' 1 CATE: 6/12/3: REF. C 32-442 _ DATE CF DEED: 8/18/86 CKD. 8Y: 'NRS I PROD. NO •-IA14-011 nwr. un • arw- 90 SAN, SEWER R/W AREA 2223 SO. FT. t BODING c o 1 SCALE: V = 50' Pipeline Easement Construction Easement T a'40 I %IC?IN00E TQIM,SHIP MIJNOPAL AUT-??'?! ?oNwE?t ?I SAM7AR`/ S='N=P P!GH7-0F-WA`/ c? cyi a REGI tm Ty li U PROFESSIONAL i Property Owner(s): Rancid 0. & Debra A. Luther Tax Percel N 22-29-2478-015 RONALD E STEPHENS title source: Deed book 173-220 Trect #1 s LAND Plan date: August 23, 1999 Orawing No.: ROW-66 Sheet 1 BRINJAC, KAMBIC & ASSOCIATES, I` C. CONSULTING ENGINEERS II ' I 114 N Sec-rd SL, Hcrriscurg, PA 17101-1+01 =time: ;717; 233-4°-02 FAY: (717, 2J3-C2:3 r XT 11 0 NV }g '(70 N IM94 -7yp aep t9 I990.7 SEWER R/W AREA 7319 SO.FT.t JH3 15' Q X10' 10' 15' 10' 15' MH 46 o n % 10' W xr15' 10' 1 op oP op dl N Q 0 SCALE: 1" - 50' Pipeline Easement Construction Easement NOTE: Prooerty lines are aooroximate. They ore blotted from the tax mcbs. G PROFESSION& RONALD E WHENS Q VO\iROF TOWNSHIP ?1U`f'C rA? AUTHORITY S='rVrr RIG=--OF-'N,-.Y PLAN perty Owrer(s): Rancid D. & Debra A. Luther Parcel N 22-29-2478-015 e source: Deed book 173-220 Tract #2 n date: date: Au23, ust 1999 DrowinNo.: ROW-66 Sheet 21999 Drowing No.: ROW-66 Sheet 2 BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS ••4 v. Seccrc St., -crrsccr„ °A 17101-1401 _re. •71,? :13-4_C: ;z: 233-C833 SA. -SEWER R/W AREA 28206 SO. FT. t U 8 0 J 60 10' ° o r. o 00-W 0 r-° ?.O o 10' 15, a W ;]4 w 177 ? 0' r 15' w ,a 10' 15, AREA OF RIGHT-OF-WAY PROPERTY MAP SCALE: 1 = 2000 oa SCALE. 1" a iGC' ='celine -ccsemer.t <<Fc44°L<< -crstruet?cr Ezserrert uC'E: Froezrty tires ere .ccroxrr.ct_. ;ne .re ztot;ec fr=, rz cx mccs. ' 0% 4?T a o? RMMI M ° Frccerty Cwner^s;: ue!scr, =. & ?a ti. Gi<_r. J PRCFES• SICN?L el # 22 ? vx Pa- v-lrE••1G-VAC ?r z RCKU E. SEPH TiVe scures: ;etc - 'ccck C 23-2e2 ; Flu Cate: August :?eet 1 cr 2 23, 1599 :rNr.g SIC, RCW- LAN SURYMA - No. -" KAMBIC Lg,: :ASSOCIATES, I-NC. BPI` JAC , CONSULTING ENGINEERS 3' M 10' 15' SCALE. 1" a 'CC' 'celine Ecser er.t crstructicn Easement yin 7' <<<ci?h4ic c? ?? tcx me ?or M:TTma WMCF-MCNAL RCKU E. St rFrccerty Cwrerls;: Neiscr F. c 3etty M. Gish ?i ex creel # 2?. -- -!C-C6 tle scurce: CeeC zcck C 2 =SE2 r '- ccte: Aucust ? 1449 r Crrvinc No.: ROW-E7 Sheet 2 of 2 BP.INJaC, K?MBIC & ASSOCIATES, INC. 12 . . - CO.NST--LTING ENGINEERS `i arr :v;• --Cl 71 :1 -1 C33-C2C. SAN. SEWER R/W 'AREA • N/F 5042 SO. FT. t RAYMOND E. DIEHL I I N 1 ?7 i- 2 e+Y 20' RIGFfT?-OF- SWAY pG Zy ?T 6 in. Forcemain To UW Sf:- JSA• TD YH 162 -_ y=1e N FIVE 2t a.2. --- -- ------- ? - MH 163 1/2 in_ Forcemain L S. MCC ILIAP, COHST. Q w N (. \\\? p © 1A I3- # 1320 ? W ?- U- uj > I zoz ? II UN II?? 1, I, I? ?'- rEP _ N^ ~e ~9 ~e j B 0 1 L I N G ?iNGS R0,-,D, PA. °TlE. 174 SANITARY SEWER RIGHT-OF-WAY PLAN SANI ^R'' SEWER RIGHT-OF-'NA" PLAN OVER LANDS OF BARBARA J. GUDEL SHA FER aER IANCS Or AND MARK D. SHAFFER DALLAS W.,JR. & MARY J. GELBAUGH BEARINGS ANO OISTANCES SHOWN APE YCNRCC TCWNSM,P. CUYBCRWID CO. PA. CMURCNTCWN AREA YCNR DC TOWNSHIP SHIP YUNK:PAL WTMCPIiI Rift CN _ CMURCHTCWN AREA - MCPI'.CNTAL CA-1Y C.C. GOHN ASSGCIA.TES, INC. F SUF.LE'CF.? ENGINEERS - MCUNT XY• PA. VAP N0. 22-11-0282-025 :-NN BY- JSE I KALE: SC' I CAT-e: 6/19/95 .D r 25-914 DATE CF GEED 1;.5/77 CND, eY 'NRS I PRCJ. NC.:J495-'11 DWC NC,:RCW-74 7 Z Z D ? M s S r 19t, O % tie ',a 4 SAN. SEWER R/W AREA 5882 SO. FT. t Ole, - O 5 .,0 ,o .O. O V ? • • ?? ?D - i 40 ' SA,V TARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF ALAN E. AND TARA E. o ? ? ? alp ..;EP o 00 ?? SANITARY SEWER RIGHT-OF-WAY PLAN CAR la/ICS CP JEANIE M. QUINN uCNRCE MWNSHP. CUUOEPUNC CO PA. CNURCNTCWN AAEA MONRCE AND TOWNSHIP ES U6hlC:PkL N APE FSASED lrf Cm CNUPCNiCwN APG - NCRLCIRIL ^.Aiv1,1 V.C. VOHN ASSOCIATE-5, INC. SUF',E/OP.S & ENC;NE=RS - !ACL'NT JOY, PA. .AX MAP NO C--t -OC9:-O:5 CwN. E'r:<E SCAL°-: I" = T:C' :ATE. 6/19/95 :.r REF R ?z-,3; CATS ':F CEEDt 6/07/?0 CKD. EY:'NPS I PRCJ NO :J+95-C" CWG NO.: ROW-75 SAN. SEWER R/W AREA • N 21,494 SQ..Fr. t. 0 s o? T 0 5? FAQ' yF. ?^ E SpS1Cp?r?(. 5$? Zp' ??p??OE 199' ?, f r• ' ? S 5 655E ? a? Q• y?? d X35 ? •, Q .. g 5 .e \s Gfi^/ ,•, • • 6 N 235 ?y-'`?' NG?j Dc sJ ,p N 6p5 N 6 .? ,? SQ? O !A? 15 !A -? ???f-? . SANITARY SEW RIGHT-OF-WAY PL OVER LANDS OF DONAL MH 144 ` se`s VO A., JR., AND SUSAN G. SANITARY SEWER RIGHT-OF-WAY PLAN Om LANDS or -?? JEROME I. & GRETCHEN E. SULLIVAN UCNRCE TOWNSHIP, CUhlSUK NO CO. PA CHURCHTCWN APEA IEARINCS AMC DISTANCES SHOWN ARE BASED ON MCNRCE TCWNSMP YUt"AL AUTHCRRY - D.C. GOHN ASSOCIATES, INC. CNURCHTOWN AREA - HORIZONTAL DATUM. SURVETCRS & ENGINEERS - MOUNT JOY. PA. TAX MAP NO. 22-11-0282-029 OWN. BY: JS8 SCALE: 1- - 200' DATE: 6/20/95 CEEO REP. M 29-903 DATE OF CEEB: 5/28/81 CHD. BY: WRS PROJ. NO.;3495-01 DWG NO,: RCW-76 4v :gyp (pd' M 2 2 p $v 0 40 o0 .v h z 4 I/ r lfh / f I ?/ a I . rv- .44 1/ f C) Q- ?? lb NCO 1, SANITARY SEWER RIGHT-OF-WAY PLAN fO^p? Om Linos OF JEROME I. & LUTZTOWN GRETCHEN E. SULLIVAN R?. RD. UNFCC TCWNVP• CUUB[NUNO CO. PA CNURCMOWI MCA _ Ie4 D.C. COHN ASSOCIATES, INC. SURVE(CRS k ENGINEERS - MOUNT JOY. PA. j 5 - OWN. BY: JSB SCALE: 1' . I CO' DATE: 6/20/95 CND. BY: WRS I PROJ. NO.: 3A95-011 DWG NO.: ROW-76 SAN. SEWER R/W AREA 21,494 SQ. FT, t' Q- o`vo ry vj3`Q. 4 9EARN0S AND DISTANCES SHOWN ARE BASED ON MONROE TOWNSHIP MUNICIPAL AUTHCRIP/ CNURCHTOMN APEA - HCPIZCNTAL DATUM. TAX MAP NO. 22-11-0282-033A SANITARY EWER RIGHT-OF-WAY PLAN DNER LANDS OF JOHN J. & JERE S. HEINZE MONROE TOWNSHIP. C'MSCALAND CO. PA. CHURCNTOrN AREA D.C. GOHN ASSOCIATES, INC. SURVEYCRS do ENGINEERS - MOUNT JOY, PA. DWN. RY: JMK I SCALE: 1* w 400' 1 DATE: 6/22/95 N -c 0 ?i Z SANITARY SEWER FIGHT-OF-WAY PLAN OVER LANDS OF J. EDWARD CLOUSE, TRUSTEE uCNRC( TOMNSNIP, 04u0EPLANO CO. PA. u(CNANCSBURO APEA BEARINGS AND DISTANCES SHOWN AR( BASED CN UCNRCC TCWNSNIP uuNICPAL AU'NCalre - D.C. GOHN ASSOCIATES, INC. uECHANICSBURO APEA - NCRIECNTAL OAMW, SURVEYCP.S k ENC;NEERS - MCUN T JOY, PA. TAX MAP NO. 22-11-0282-Ct2 OWN. BY: JMK i SCALE: i' . 4CO' DATE: 6/21/95 ^_Frn PEF. M 36-240 DATE CF DE_D: 8/24/93 CKO. BY: WRS IPROJ. NO.: 3495-01 DWG NO.:ROW- 79 SAN. SEWER R/W AREA 46,543 SO. FT. t N I 0 O J ININ 5 )5'E o. ?d p ?v. ,one :J N 17 SANITARY SEWER RIGHT-OF-WAY PLAN O%ER LANDS OF J. EDWARD CLOUSE, TRUSTEE MCNRCE TOYMSNIP, CUMBERLAND CO. PA. pNRCHTOMN AREA BEARNGS ANO DISTANCES SHOWN ARE BASED CN WCHROE TOWNSHIP MUNICPAL AUNC191TY - D.C. GOHN ASSOCIATES, INC, CHURCHTOWN AREA - HCRI:CHTAL OATUM. SURYEYCRS & ENCINUERS - MCUNS JOY, PA. TAX MAP NO. 22-11-0252-012 OWN. BY: JMK SCALE: 1" - 100 DATE; 6/21/95 :EEO REF. M 36-210 DATE CF CEED: 8/24/93 CKO. BY: WRS PROD. NO.: 3495-01 DWG No.:RCW-79 SAN. SEWER R/W AREA 46,543 SO. FT. t N s % ? ?? \ 7p. ?\??; ?\• ,?? i. Rol S &o/j ?J s„ E4??fE,y?n J ?<`%l SANI?APY SEWER RIGHT-CF-WAY PLAN 0%£R LANDS Cr J. EDWARD CLOUSE, TRUSTEE . BEARNCS ANO 015TANCES SNC'AN ARE BASED CN YCNRCC TCMNSNIP YUNICPAL AUTNCRITY - CNURCNTONN AREA - NCPI::NTAL DANY. 'A.'( MAP NO. 2---11-0? M 36-1140 OA7r- CF OE---O: YCNRCC 1C'MSOIP, CUYOERLANO CO, PA. CNURCNTONN AREA O.C. GOHN ASSOCIATES, INC. SURVEYCRS k ENGINEERS - L1CuNT JOY, PA, OWN. BY: JAK SCALE: i" - ICO' I DATE: /21/95 CKO. 2Y• WFS I PROJ. NO.: 34;!-011 DWG NO.: ROW- SAN. SEWER R/W AREA 46,543 So, FT, f I t- 0 1 7 ,> QJ Q U) N 0 ctf SANITARY SEWER FIGHT-CF-'NAY PLAN OVER LANDS Cf J. EDWARD CLOUSE, TRUSTEE BCARNCS AND DISTANCES SCAN ARC 8A3[D CN YCNRCE TCRNSNIP YLNICPAL AUTNCRITY - CNVRCNTOWN AREA - NCRI,CNTAL OANU. -4x MAP NO. 22-I1-028.-0i2 :::D REF. u 36-240 DA '?0 Sp UCNRCE 'C"SNIP, CuuGERLANO CO. PA CNURCNTCrM AREA O.C. COHN ASSOCIATES, INC. SURVEYCRS & ENGNEERS - MCUNT JOY, PA. ?Vl ?-jMK (SCALE: 1" . iCC' 1^,ATE: 6/21/95 CKD. ST: WRS I PROJ. NC.: 3495-01 I OWO NO.: RCW-79 CUCQT 4 nC A ?, i N ION 4i -L - { ho 96 A4 f rams SAN, SEWER R/W AREA 7843 SQ. FY, t - , T SpR?N?s Rp PA ? 1/1 O O 4 i 4> RTE, ? ?4 ???/?-• lll? SAN_TARY SEWER RIGHT-OF-WAY ] OVER LANDS OF JAMESTOWN DEVE1 MEN- CO. OWINGS MO DISTANCES SHOWN ARE WED ON MONROE TCMNSNIP YLNC:PAL AUTNCRTTY - CHURCNTOWN AREA - HGOIZONTK OATUU TAX MAP NO, 22-11-0282-021 :E:-.D REF. 0 36-55J DATE OF DEED 5 SANITARY SEWER RIGHT-CF-WAY PLAN OYER LANES CE JULIE L. & CHRISTOPHER PASS UCNRCE TOWNSHIP, CVWBERUNO CO. PA. CHURCHTOWN AREA D.C. GOHN ASSOCIATES, INC. SURVEYORS do ENGINE_°RS - MOUNT JOY, PA. OWN. 8Y: JSB SCALE: 1' iC0' DATE: 6/20/95 C90. EY: DIPS PRCJ. NC.:3495-01 OWG NO.:ROW-80 N J• G? o` r O \ ? G• ?• ?\cGV 0 Rl O? o /F ?C 'SSc ?s SAN. SEIHEjq, 1800 S0: \% % 0 © % % %. \ Q 0 A dlb goo n o?A t. SANITARY SEWER RIGHT-07-14AY ?LAN OVER LANDS OF GALEN C. BYERS MOT A BEARINGS AND DISTANCES SHOWN APE 9ASED CH MCNRCE TOWNSHIP MUNICIPAL AUTNCRM - CHURCHTCMN AREA - HCRIECNTAL DATUM. -=.t MAP NO. 22-30-2561-023 ?cD 3EF. S 16-118 DATE CF CE---O: 5 SANITARY SEINER RIGHT-OF-WAY PLAN OVER LINOS OF PAUL E. & MAY C. STARE MCNRCC TOWNSHIP, CUM9ERLANO CO. PA. CNURCHtCw AREA O.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. OWN. BY: JMK SCALE: I" a 50' DATE: 6/23/95 CKO. BY: WRS PROJ. NO.: 3195-01 OWG NO.: RC'N-101 N % SAN. SEWER R/W AREA c0 f S EAY?DE SEMENT (rTP.) F LO?y?S ? 9 ? ??90?r, ?fi N IF opRG?N?I ?" 1' ?i, GP??'GS Fed J? 560 SO. FT. t `b. r G v2 9 y 7- G 92 Z x CR ?REECy - ` `? EEk cS ?xx xi xx x .-? xxx? SANITARY SEWER RIGHT-,F-'NA'! =LAIN OVER LANDS CT THOMAS E. COOK MCNRCE TOMISNIP, C UeERLANO CO. PA, V4LRCNTCMN AREA ECARINOS AND DISTANCES SNCvN ARE USED ;N MCNRCE TCWNSNIP MUNICPAI AUMCPM - CMURCNtOWN AREA - 4CRIECNTAL CAIUY D.C. GOHN ASSOCIATES, INC, SURVEYCRS & ENGINEERS - MCUNT JOY, PA. TAX MAP NO. 2"-3C-_Eos-0.5 OWN. EY:JMK SCALE : 1" . 50' IDATE:5iY31195 CED REF. 1CZ-378 OATE CF OE--0: 3/16/94 CKD. BY: WRS ? PROJ. NO.: 3495-01 I OWG NO.: RCW-107 I Sti SEWER R/W AREA 00 SO. FT. t i 15' M 10, 15 10, o O p ?! O off. \ 15' 1 ?F,w o p 15 I rc?i? ?i \ 10, ?op 9 90 METERING I J O? H 22 <' t^C, MH 1 SCALE: 1" 50' Pipeline Easement Construction Easement r NOTE: Prooert lines are acoroximate. 'rev are platted from the tax maps. Sl-fP IUM1rIPAI AUTHnRI i`( VAR F!GHT-OF-WAY P'L4N JoMwt4 ly ? II[CtSIU1m u pROFESSIO o Property CMner(s): Richard M. & Patricia J. Coble Tax Parch 22-30-2664-010 RONALD E. STEPHENS Title source: Deed book 24-871 w+o Plan date. August 23, 1999 Drawing No.: ROW-108 °cti N BRINJAC, KAMBIC & ASSOCIATES, INC. I' CONSULTING ENGINEERS • ',. Setand St. Harr saur^y, ?a 17'01--SCI re ;717) 237-+:C2 F?,(: (717) 222-:223 $AN. SEINER R/W AREA 1799 SO. FT. t\ ?j i O? "6pl n?P - fl METERING r! 4?b 0 20 < ?60 f 0 0 O O Q Q O \ - ' MH 23 w' i SCALE: 1" - 50' .f Pipeline Easement Construction Easement NOTE: Property lines are opcroximcte. They are plottea from the tax mcps. ON W EA ?\j t Ty REGMMED u paoFES51CNAL 0 Property Owner(s): Tim W. k Dcrlene C. McCurdy Tax Pcrcel 22-30-2664-011 RONALD E. SiEPHENS Title source: Deed bock 31-463 mo Plan date: August 23, 1999 Drawing No.: ROW-109 SURVMR F BRINJAC, ICkMBIC & ASSOCIATES, INC. s CONSULTING ENGINEERS '%A: L.. .?.. SAN: SEWER R/W AREA I 9900 SO. FT. 4- S. (I iMONROE TOWNSHIP VUNIC;PaL- AUTHORITY o«w ??. SANIT,-PY SEW P"(-;H, -CF-WAY PLAN to PR?FESSI0HA1 o Property Owner(s): John F.. III & Diane B. Stomy Tax Parcel N 22-11-0280-021 RONALD E. STEPH S Title source: Deed book T 32-618 w,o Plan date: August 23, 1999 Crowing No.: ROW-114 Sheet 1 w " J?j BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS / (! ••+ N. _e::cd S;-i?C1 Harr>0vq. ?A 17.01-1401 ! =ticne 2': 7^; 223-CBJJ it Canetructfcn Easement ?!!1!1!!i 15'- 10' 190 ? ilrr , 9- / 14' 8'-6"- 13'-6" SEE SHEET 3 FOR DETAIL - SCALE: 1" m 100' Pipeline Easement Construction Easement 1% `\/\ S J? ITE: Prooertv lines are aooroximate. Thev ore clottea from the tax maps. N:X V0N:::0= TO'X'INS i? ?IU?1101P -ORI?( ?ONw C44 Cr ?I?-.?.^.Y SC'111_r" 'iCi'•fl-L'--i^/-v CI =,i? rh a' RCGSTUMM o PRaR-cssIONAL o Property Owner(s): John F., III ?c Diane S. Starry Tax Parcel d 22-11-0280-021 RONALD E.STEPHENS Title source: Oeed book T 32-618 uNa Ion date: August 23, 1999 Drawing No.: ROW-114 Sheet 2 SURVEYaR BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS u. So:-r, r,scuq, =° 10114cl iM SCALE: 1" a 20' NOTE: Prooertv lines are cocroxlmate. They ore clotted from the tax macs. Pipeline Easement .4 Construction Easement 0% w ry a ? xccs?m a Property Owner(s): Jcnn F., III do Clone 9. Stcmy CJ PROFESSICN?L Tax Parcel q 22-11-022-0-021 _ RONALD E. 50HENS I'-itle source: Deed bock T 32-618 LAND Plcn date: August 23, 1999 Drawing No.: ROW-111 Sheet 3 su ; <= i, BRINJAC, KAMBIC & ASSOCIATES, INC. Y CONSULTING ENGINEERS I. the undersigned, Secretary of the Monroe Township Municipal Authority (the "Authority"), certify that: the foregoing is a true and correct copy of a Resolution of the Monroe Township Municipal Authority, which was duly enacted by affirmative vote of a majority of the members of the Authority at , 1999; said a meeting held on jq.( Ocs, 6 Resolution has been duly recorded in the appropriate books of record of the Authority; and said Resolution remains in effect, unaltered and unamended, as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and affix the offi- cial seal of the Authority, this %S?day of gep}c,?c- , 1999. Ernest E. Ga in, Secretary (ATTEST) The following list addresses of the owners of the condemnation of Authority for sanitary together with a map or showing and describing the condemnation: NgL NAME OF OWNER(S) or schedule contains the names and of certain real estate being the subject and by the Monroe Township Municipal sewerage easements and rights-of-way, plan corresponding with each owner's name the extent of the owner's land subject to 1. Kevin B. Benton Margaret J. Burlew 362 Old Stone House Road Mechanicsburg, PA 17055 The property was acquired by Deed dated and recorded in the Cumberland County Recorder of Deeds Office as follows: January 9, 1989, Deed Book "U", Volume 33, Page 170. Tax Map No. 22-28-2401-078 NO EXTENT OF TAKING 15,545 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Kevin B. Benton and Margaret J. Burlew", dated June 9, 1995 and marked ROW-8. 2. Sharon R. Nelson 2. 1,343 sq. feet, more or c/o 4303 Park Street less, as shown on the Camp Hill, PA 17011 plan or map attached heret o entitled "Sanitary Sewer Right-of-Way Plan The property was acquired Over Lands of Sharon R. by Deed dated and recorded Nelso n", dated June 1, in the Cumberland County 1995 and marked ROW-35. Recorder of Deeds Office as follows: June 14, 1988, Deed Book "K", Volume 33, Page 102. Tax Map No. 22-28-2401-058 EXHIBIT _A u -11AR4 sett OKU 3. Henry William Gable 3. 958 sq. feet, more or Susan R. Gable less, as shown on the 344 Old Stone House Road plan or map attached Boiling Springs, PA 17007 hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Henry The property was acquired William Gable and Susan by Deed dated and recorded R. Gable", dated June 6, in the Cumberland County 1995 and marked ROW-41. Recorder of Deeds Office as follows: December 22, 1994, Deed Book 117, Page 155. Tax Map No. 22-28-2401-064 4. Terrence M. McDonough 4. 410 sq. feet, more or Marie Loretta McDonough less, as shown on the 340 Old Stone House Road plan or map attached Boiling Springs, PA 17007 hereto entitled "Monroe Township Municipal Authority Sanitary Sewer The property was acquired Right-of-Way Plan, dated by Deed dated and recorded August 23, 1999 and in the Cumberland County marked ROW-42. Recorder of Deeds Office as follows: August 1, 1985, Deed Book "K", Volume 31, Page 266. Tax Map No. 22-28-2401-065 5. Joan E. Shoemaker 5. 1,664 sq. feet, more or 348 Old Stone House Road less, as shown on the Boiling Springs, PA 17007 plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan The property was acquired Over Lands of Joan E. by Deed dated and recorded Shoemaker", dated June in the Cumberland county 12, 1995 and marked ROW- Recorder of Deeds office as 50. follows: August 18, 1986, Deed Book "C", Volume 32, Page 742. Tax Map No. 22-28-2401-081 6. J. Edward Clouse, Trustee of the Irrevocable Agreement of Trust of Tiffany Clouse, Heather Kutz and Vallery Aulenbacher 2075 Ritner Highway Carlisle, PA 17013 The property was acquired by Deed dated and recorded in the Cumberland County Recorder of Deeds Office as follows: August 24, 1993, Deed Book "M", Volume 36, Page 240. Tax Map No. 22-11-0282-012 7. Galen C. Byers 1441 Cockleys Meadow Drive Boiling Springs, PA 17007 The property was acquired by Deed dated and recorded in the Cumberland County Recorder of Deeds Office as follows: April 30, 1999, Deed Book 199, Page 190. 6. 46,543 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of J. Edward Clouse, Trustee", dated June 21, 1995 and marked ROW-79. 7. 1,800 sq. feet, more or less, as shown on the plan or map attached hereto entitled "Sanitary Sewer Right-of-Way Plan Over Lands of Galen C. Byers", dated June 23, 1995 and marked ROW-105. Tax Map No. 22-30-2664-023 8. John F. Stamy, III Diane B Stamy 1191 Baish Road Mechanicsburg, PA 17055 The property was acquired by Deed dated and recorded in the Cumberland county Recorder of Deeds Office as follows: June 30, 1987, Deed Book "T", Volume 321 Page 618. 8. 9,900.sq. feet, more or less, as shown on the plan or map attached hereto entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked ROW-114. Tax Map No. 22-11-0280-021 SAN, SEWER R/W AREA 15,545 SO. FT, t N CFoNq F NFip Gp 1 BEARINGS AND DISTANCES SHOWN ARE BASED ON MONROE TOWNSHIP MUNICIPAL AUTHORITY - CHURCHTOWN AREA - HORIZONTAL DATUM. MAP NO. 22-28-2401-078 U 33-170 s, ,po 90 SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS or KEVIN B. BENTON & MARGARET J. BURLEW MONROE TOWNSHIP, CUMBERLAND CO. PA. CHURCHTOWN AREA D.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. OWN. BY: JSB SCALE: 1" . 200' GATE: 6/09/95 CKD. BY: WRS PROJ. NO,:3495-01 DWG NO.: ROW-8 SAN. SEWER R/W AREA 1343 SO. FT. t N I m ILI( m? ?o J My DIS /o 2 ? e (T? 636) P014 4 ? ,Q ?s r SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF SHARON R. NELSON B YONROE TOWNSHIP, CUMBERLAND CO. PA. CHURCHTOWN AREA GRwR AND NSHIP MUSHOWN ARE BASED ON CHYar?TTOWNNAARREA YUNHORIZONTAL DDATUY D.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. TAX MAP NO. 22 -28-2401 -OSg OWN. BY JMK SCALE: 1' . 50' DATE: 6/1/95 DEED REF. K 33-102 DATE OF DEED: 6/14/88 CKO. BY: WRS PROJ. N0.:3495-01 DWG NO.:ROW-34 a / N :? 3 H N _--l 1 ? 0 / ' 11344 P C(q?Y^Al%41 J 't y.' jj'tfONS i h' E4C SAN. SEWER R/W AREA 958 SO. FT. t Q? ? O r I O O v O 6,36 SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF HENRY WILLIAM GABLE AND SUSAN R. GABLE SANITARY SEWER RIGHT-OF-WAY FLAN OVER V14DS Of YORK FEDERAL SAVINGS AND LOAN ASSOC. UCNRCE MWNSHIP, CUU9ERLAND CO. PA. CHkiRChTC*N AREA 9EARINCS AND DISUNCES SHCAN ARE RASEO CN UCNROE TCWNSHIP YUNICIP4 AUTHCRRY - CHVRCHTCwN AREA - HCRI:CNTAL OATLU -4,( MAP NO, 22-28-2401-CE4 REF 112-1145 CAE CF CE--Z?: 9'C7 s ?EN?'f mp?N"l © O • O.C. GOHN ASSOCIATES, INC. SLFVE(CFS & ENGINE--?S - MCLNT JCY, PA OWN Er JSo I SCALE = SO' I CATE: 6/06 . CxC 6'r: 'BPS I PPOJ. NC 2495_0 1I CwG NO.: F SAN. SEWER R/W AREA 410 SO. FT. t MH SCALE: 1" m 50' Pipeline Easement Construction Easement imate. Thev are olotted from MONROE TOWNSHIP MUNICIPAL AUTHORITY SANITARY SEWER RIGHT-OF-WAY PLAN Property Owner(s): Terrence M. k Marie Lorette McDonough 07/1 PROFESSIONAL Tax Parcel 22-28-2401-065 RONALD E. STEPHENS itle source: Deed book K 31-266 ti I .A'^ Ian date: August 23. 1999 Orowinq No.: ROW-42 BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS 114 N, Second St.. Harrisburg, PA 17101-1401 Phone: (717) 233-4502 FAX: (717) 233-0833 SAN. SEWER R/W AREA 1664 SO. F. t N N/F MS V &, kIMM f? BEARINGS AND DISTANCES SHOWN ARE BASED MONROE TOWNSHIP MUNICIPAL AUTHONTY CHURCHYOWN AREA - HORIZONTAL DATUM TAX MAP NO. 22-28-2401-081 MCCIN OCC r ll-9A0 IMAIC !1C nCrn R Ip Ir WN fit ON y/Gy sr R EE 1 s ?I M8? MH L7 O SANITARY SEWER RIGHT-OF-WAY PLAN OAR LANDS Of JOAN E. SHOEMAKER MONROE TOWNSHIP, CUMBERLAND CO. PA. CHURCHTOWN AREA D.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY. PA. OWN. BY: JSB SCALE: 1" . 50' DATE: 6/12/95 CKO. BY: WRS PR? OJ. NO.:3495-01 DWG NO.: ROW- 60 0 o? v ?c Pi 2 SANITARY SEWER RIGHT-OF-WAY PLAN OAR LANDS Or J. EDWARD CLOUSE, TRUSTEE 1111 -Ax MAP i DEED RE. BEARINGS AND DISTANCES SHOWN ARE BASED ON MONROE TOWNSHIP MUNICIPAL AUTHORITY - MECHANICSBURD AREA - HCAIZONTAL DATUM. 11-0282-012 M OF MONROE 10ANSHIP, CUMBERLAND CO. PA. MECHANICSBURG AP) D.C. COHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. OWN. BY:JMK SCALE: 1- Is 400' 1 DATE: 6/21 95 CKD. BY: WRS PROJ. NO.: 3495-01 DWG NO.. ROW-79 HEET ! OF Al. 1:- N SAN. SEWER R%W AREA 46,543 SO. FT. t 3 793,E Ik O O J O, 7< \? A It ?N. r?S J N 'sp SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF J. EDWARD CLOUSE, TRUSTEE MONROE TOYMSHIP, CUMBERLAND CO. PA. CHURCHTOYM AREA BCARP/CS AND DISTANCES SHOVM ARE BASED ON MONROE TOWNSHIP MUNICIPAL AUTHORITY - D. C. GOHN ASSOCIATES, INC. CHURCHTOYM AREA - HORIZONTAL DATUM. SURVEYORS k ENGINEERS - MOUNT JOY, PA. TAX MAP NO. 22-I1-0282-012 DWN. BY:JMK SCALE: 1" .100' DATE:6/21/95 DEED REF. M 36-240 DATE OF DEED: 8/24/93 CKD. BY: WRS PROD. NO.:3495-01 DWG NO.: ROW-79 SHEET 2 OF 4 SAN. SEWER R/W AREA 46,543 SO. FT. t ••.s? F4?fp?A C "'x SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF J. EDWARD CLOUSE, TRUSTEE BEARINGS AND DISTANCES SHOWN ARE BASCO ON YONROE TOWNSHIP MUNICIPAL AUTHORITY - CHURCHTOWN AREA - MORIZCNTAL DANU UONROE 1OWNSHIP, CUWBEPLAHO CO. PA. CHURCNIOWN AREA D.C. COHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. TAX MAP NO. 22-11-0282-012 OWN. BY: JMK SCALE: I" - 100' DATE: 6/21/95 DEED REF. M 36-240 DATE OF DEED: 8/24/93 CKO. BY: WRS PROD. NO.:3495-01 DWG NO.: ROW-79 SHEET 3 OF 4 i• 4 my R 01 0 G el-IN d- ?pq Rmvc Q L? . ct? W `J Q N0 cl? SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS Of J. EDWARD CLOUSE, TRUSTEE BEARINGS AND DISTANCES S40WN ARE BASED CN MONROE TOWNSHIP MUNICIPAL AUTHORITY - CHURCHTOWN AREA - HORIZONTAL DATUM. TAX MAP NO. 22-11-0282-012 DEED REF. M 36-240 DATE OF DEED: 8/24 SAN. SEWER R/W AREA 46,543 SO. FT. t '?D Sp MONROE TOWNSHIP. CUMBERLAND CO. PA CHURCNTOMN AREA D.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. OWN. 8Y: JMK SCALE: 1' . 100' DATE: 6/21/95 SHEET 4 OF 4 rv J. i^ tab ?-O0 0 -A o ?S vim, ? G• 0 ode ?\O ?,\ Fs F? SAN. SEWER R/W AREA 1800 SO. FT. t ? CvZ o ? Q lb. It `? 0 00 SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF GALEN C. BYERS GP SANITARY SEWER RIGHT-OF-WAY PLAN OVER LANDS OF EM91 PAUL E. & MAY C. STARE MONROE TOANSHIP, CUMBERLAND CO. PA. &LIRCHTOYON AREA BEAR04S AND DISTANCES SHOWN ARE BASED ON MONROE TOWNSHIP MUNICIPAL AUTHORITY - D.C. GOHN ASSOCIATES, INC. CHURCHTOWN AREA - HORIZONTAL DATUM. SURVEYORS kENGINEERS -MOUNT JOY, PA. TAX MAP NO. 22-30-2664-023 OWN. BY. JMN SCALE: 1- - 50- DATE: 66 23 95 DEED REF. S 16-148 DATE OF DEED: 6/25/55 CHO. BY: WRS PROJ. NO.:3495-01 DWG NO.: ROW-105 SAN. SEWER R/W AREA I g9nn Sn. FT_ t lotted MONROE TOWNSHIP MUNICIPAL AUTHORITY SANITARY SEWER RIGHT-OF-'NAY PLAN PRgFESS1oW/1 o Property Owner(s): John F., III do Diane S. Stamy Tax Parcel N 22-11-0280-021 RONALD E. STEPH I KS Title source: Deed book T 32-618 Plan date: Auoust 23. 1999 Drawinq No.: ROW-114 Sheet 1 BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS 116 N. Second St., Harrisburg. PA 17101-1401 Phone: (717) 233-4502 FAX: (717) 233-0833 Construction Easement r///?N e IM ti ?ss • ? 15' 10' 91- 14' °%. yO\ 9 FOR DETAIL \w yr SCALE: 1" s 100' Pipeline Easement Construction Easement NOTE: Property lines area roximate. The are lotted from the tax maps. MONROE TOWNSHIP MUNICIPAL AUTHORITY .?a14 We??r SANITARY SEINER RIGHT-OF-WAY PLAN O REGIST D ti O Property Owner(s): John F., III do Diane B. Stomy CO) PROFESSIONAL Tax Parcel M 22-11-0280-021 RONALD E. MUMS Title source: Deed book T 32-618 Ian date: August 23. 1999 Drawing No.: ROW-114 Sheet 2 ' SURVEYOR BRINJAC, KAMBIC & ASSOCIATES, INC. S L CONSULTING ENGINEERS 114 N. Second St., -crosturq, PA 17101-1401 ' Prone: (7'7) 233-45C2 FAX: (717) 233-0833 i J. W 190 a I 8'-6" 13'-6" SEE SHEET 3 SCALE: i" a 20' Pipeline Easement Construction Easement MONROE TOWNSHIP MUNICIPAL AUTHORITY SANITARY SEWER RIGHT-OF-WAY PLAN o Property Owner(s): John F., III do Diane B. Stamy Iotm C) PROFESSIOWL Tax Parcel N 22-11-0280-021 RONALD E. STEPHENS itle source: Deed book T 32-618 uro Ion date: August 23, 1999 Drawin No.: ROW-114 Sheet 3 q? - BRINJAC, KAMBIC & ASSOCIATES, INC. y CONSULTING ENGINEERS 114 N. Se::rc St., ncrrl50urq, PA 17101-1401 Phene , ZL'-4:02 ;A7: ;717; 233-0835 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND BRUCE K. BARCLAY, being duly sworn according to law, deposes and says: that he is the Chairman of the Monroe Township Municipal Authority, the Condemnor in the foregoing Declaration of Taking, that he is authorized by the Condemnor to make this affidavit on its behalf and that the facts set forth in said Declaration of Taking are true and correct to the best of his knowledge, information and belief. Bruce K. Be ay SWORN to and subscribed before me this day of ®C , 1999. 'Notary Public My Commission Expires: Notarial Seal Uta A. Kbhbauph Notaryy Public SMnmantlown Soro. Cumberland Caumy . My ConxNttlon Expires Apr. 6, 2003 i 1 C:1 1 E,i r- c:N (J 0 a? v V a o ? r« ?a ? A O Z1 O OCG Cos Q?M M 3 ?? .O M F (A Z? F5 '' Z? 2? ?say! ??j ? H U ZH H p r`a 4 t el •.O M14?Np14?p U14 'MI FIMI iUN.U.1? \U OMY»MY•1.?.\ U.N\p IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4q-lvl(e6 CIVIL TERM IN REM (EMINENT DOMAIN) y TO: PROTHONOTARY IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA Please be advised that in accordance with Section 404 of the Eminent Domain Code, Act of June 22, 1964 (Special Session), P.L. 84, Article IV (26 P.S. 1-404), as amended, you are hereby notified that the Notice of Filing of Declaration of Taking to the above term and number is now recorded in the Cumberland County Recorder of Deeds Office, in Miscellaneous Book ('09.7 , Page acy3 . DATED: 0'j.g(v&'g6 r 1999 J mes D. bo , Esquire solicitor fbil the Monroe Township Municipal Authority (Condemnor) £l- ?Ll "i r. rJ v R? 00 0 o i t ww wu.•.e w.u•w.uu.wnw o+w.m ?r'wr..ww.r.......w.a w.w1• ruu ur?l ?T t IN RE: CONDEMNATION OF LANDS, : EASEMENT AND RIGHTS-OF-WAY IN : MONROE TOWNSHIP, CUMBERLAND : COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR : AND REPLACEMENT OF A SANITARY : SEWERAGE SYSTEM ORDER AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) 1999, upon consideration of the Preliminary Objections of Joan E. Shoemaker, Condemnee, It is hereby Ordered that such Preliminary Objections are sustained and that the Authority's Condemnation of said Comdemnee's property is considered null and void. .J. IN RE: CONDEMNATION OF LANDS, : IN THE COURT OF COMMON PLEAS EASEMENT AND RIGHTS-OF-WAY IN :CUMBERLAND COUNTY, PENNSYLVANIA MONROE TOWNSHIP, CUMBERLAND : COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR : AND REPLACEMENT OF A SANITARY : SEWERAGE SYSTEM CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) PRELIMINARY OBJECTIONS OF JOAN E. SHOEMAKER, CONDEMNEE 1. On or about October 8, 1999, the "Monroe Township Municipal Authority for the Construction, Installation, Operation, Maintenance, Repair and Replacement of a Sanitary Sewer System" ("the Authority') filed a "Notice of Filing of Declaration of Taking', and on or about October 13, 1999, by certified mail served a document entitled 'Notice to Condemnee' to, among others, Joan E. Shoemaker (Comdemnee). 2. Pursuant to 26 P.S. Section 1-405, which is cited by the Authority as its basis for filing its "Declaration of Taking", the Notice of the Declaration of Taking 'shat state" the following: (a) "A specific reference to the statute, article and section thereof under which the Condemnation action is authorized.' 26 P.S. Section 1-405 (c)(5). (Section 1405) addresses only required notice and procedural requirements, no any statutory authority for the Authority to condemn.). (b) 'A specific reference to the action, whether by ordinance, resolution or otherwise, by which the Declaration of Taking was authorized, including the date when such action is taken, and the place where the record thereof may be examined." 26 P.S. Section 1405 (c)(6). (No where in the Notice of Declaration of Taking, as required by 26 P.S. Section 1402 (b)(3) -- does the Authority give notice of the ordinance or resolution, if any, pursuant to which it Is acting.). (c) "A statement of the nature of the title acquired.' 26 P.S. Section 1405 (c)(9). (The Notice of the Declaration of Taking only refers to "both" "permanenP and "temporary' takings of 'easements' and "rights-of-way', but does not satisfactorily state to Condemnee the nature of the subject taking here.). (d) "A statement of how just compensation had been made or secured." (26 P.S. Section 1405) (c)(11). (No where is notice given in the Notice for this Issue as to security, and the Authority, through its Solicitor, has stated that the Authority has no Intention of paying compensation for the taking, just or otherwise. 3. The Authority has failed to give notices as specifically mandated by 26 P.S. Section 1405 in that it has failed to adequately give notice for those matters as stated above in paragraph 2 hereof. 4. Section 1403 of the Eminent Domain Code, 26 P.S. Section 1403, requires that "every condemnor shall give security to effect the condemnation by filing with the declaration of taking its bond, without surety, to the Commonwealth of Pennsylvania for the use of the owner or owners of the property interest condemned, the condition of which shall be that the condemnor shall pay such damages as shall be determined by law." 26 P.S. Section 1403 (a). Only legal entities with the power of taxation are exempted from filing such a bond with a declaration of taking. The Authority does not have the power to tax, and therefore is not exempt. 26 P.S. Section 1403 (c). Here the condemnor has given no notice In its Notice of the filing of any bond or other security whatsoever, as required by statute. As a result, there appears to be a total lack of security here to assure that the Authority has the ability or intention of meeting its Constitutional obligation to pay just compensation to all comdemnees, including the Comdemnee. 5. Both the United States Constitution and the Pennsylvania Constitution require all public entities, such as the Authority, to pay, 'just compensation' for any property taken from private citizens such as the Condemnee. Condemnee, through various oral communications and written letters to the Solicitor for the Authority, numerously advised the Authority that she would insist on payment of "just compensation' before agreeing to any such taking. However, the Authority has steadfastly refused to pay any 'just compensation", despite the demand that it do so, and In direct contravention to the Condemnee's said Constitutional Rights appears to be taking the position that it has no Intention of paying just or other compensation. Further, the Authority has not in its Notice given any "statement of how just compensation has been made or secured% which it is required to do pursuant to 26 P.S. Section 1- 402, Section 1403 and Section 1405 (c)(11). Rather, the Authority has advised that it would take Condemnee's property without giving 'just compensation", again In contravention of both the United States and Pennsylvania Constitutions. 6. There is no a need for the Authority to take the Condemnee's property In that the Authority has a ready easement In and along the streets (High Street, and Old Schoolhouse Road (Main Street)) which front the Condemnee's property, but the Authority is needlessly choosing to take the Condemnee's property without just compensation and to therefore unconstitutionally infringe upon the Condemnee's right, usage and enjoyment of that property. 7. The procedures followed by the Authority violate the Condemnees' Constitutional Rights to substantive and procedural due process of law. 8. The Authority has given no notice or information in its Notice as to what, if any, public ordinance or resolution gives it authority to condemn the Condemnee's property, as it is required to do by statute. 9. The Authority has given no notice of the security, if any, that it has posted and Is required to post in respect to the condemnation of the Condemnee's property, as it is required to do by statute. 10.A Township, such as Monroe Township here, cannot delegate the power to condemn to a sewage authority such as the Authority because the Authority has no power to pledge the taxing power of the Commonwealth of Pennsylvania or any of its political subdivisions. Furthermore, in its Notice the Authority does not cite any appropriate authority for its taking, as it is required to do under Section 26 P.S. 1- 402 (b)(3) and 1405 (c)(6). Therefore, the Authority does not have the power to condemn. In re: Condemnation of Sewage Collection System in Shenandoah Helahts section of West Mahanov Township Schuykull County. Pennsylvania. 71 $ch L R 115 (1975) See also Commonwealth v. Erie Metropolitan Transit Authority, 444 Pa. 345, 281 A.2d 882, 884 (1971), the seminal case holding that municipal authorities derive their powers from the Commonwealth, not the municipalities that form them; Commonwealth v. Lucas, 632 A.2d 868, 870 (PA. 1993). 11. The Authority's taking here constitutes an abuse of discretion in that there are other more ready ways to place the said sewer system without going through the Condemnee's property, such as along existing streets fronting the Condemnee's property. 12.The choice of the Authority's route for a right-of-way is arbitrary and capricious in that in goes through the Condemnee's property and as a result needlessly limits the Condemnee's use and enjoyment thereof as opposed to following a readily available route fronting the streets of High Street and Old Schoolhouse Road (Main Street). 13.The Authority has acted in bad faith in that in acquiring signed agreements from many landowners and in utilizing the powerful aura of government it at no time informed these landowners, who were at the time unrepresented by counsel, of their right to just compensation under the United States and Pennsylvania Constitutions. As a result, the Authority's entire plan and actions in condemning any and all private properties for its alleged planned sewer system should be deemed null and void, and contra to the procedural and substantive due process rights of the law abiding citizens of Monroe Township, including condemnee. If criminals are constitutionally entitled to "Miranda warnings", it would be just that a governmental entity should be required to explain to private, law abiding citizens' their rights where the government intends to take the property of such law abiding citizens. WHEREFORE, Joan E. Shoemaker, Condemnee, respectfully requests that this Honorable Court sustain her Preliminary Objections and Issue an Order declaring the Authority's Taking of her property as null and void. Respectfully submitted, ?*ce & Haida/ " Cedar Avenue Hershey, PA 17033 (717) 533-8852 I.D. 15312 99 rra;' S y l F ,. C( j I Ft ? F1 t 1, jRti .yam 1 r r. 1 ... N1 f . • W I Al ?l. .. ? - , .F .. • ' _ . IN RE: CONDEMNATION OF LANDS, : IN THE COURT OF COMMON PLEAS EASEMENT AND RIGHTS-OF-WAY IN : CUMBERLAND COUNTY, PENNSYLVANIA MONROE TOWNSHIP, CUMBERLAND : COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR : AND REPLACEMENT OF A SANITARY : SEWERAGE SYSTEM CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) CERTIFICATE OF SERVICE I, Leann R. Yoder, hereby aver that I sent a true and correct copy of the Preliminary Objections of Joan E. Shoemaker, Condemnes to the individual listed below by United States First Class Mail on the date below indicated. James D. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 Dated:udvs y, / 929 `` n .? /ecLG?_ Bann R. Yoder r= ' k;= j h"' `. V) Y in Cr ryw 4 i j f i . ??.nTa .. ... .. ... >. ... ...... ? ..ii -.. .mss e..'..i •"... .....?f.uyWOi IN RE: CONDEMNATION OF LANDS, :IN THE COURT OF COMMON PLEAS EASEMENT AND RIGHTS-OF-WAY IN : CUMBERLAND COUNTY, PENNSYLVANIA MONROE TOWNSHIP, CUMBERLAND : COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR : AND REPLACEMENT OF A SANITARY : SEWERAGE SYSTEM CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) VERIFICATION I, Joan E. Shoemaker, have reviewed the document that is attached hereto, and I do swear that all of the statements contained therein are true and accurate to the best of my Information, knowledge, and belief. These statement are made subject to the Penalties of 18 Pa. R.C.P. Section 4904 relating to unswom falsification to authorities. Joan E. Shoemaker IN RE: CONDEMNATION OF IN THE COURT OF COMMON PLEAS OF LANDS, EASEMENTS AND RIGHTS- CUMBERLAND COUNTY, PENNSYLVANIA OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYL- CIVIL ACTION - LAW VANIA BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE NO. 99-6186 CIVIL TERM CONSTRUCTION, INSTALLATION, ON, REPAIRIAND REPLACEMENT,OF A IN REM (EMINENT DOMAIN) SANITARY SEWERAGE SYSTEM NOTICE TO P .FAQ TO: Monroe Township Municipal Authority and James D. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Preliminary objections or a Default Judgment may be entered against you. SNELBAKER, BRENNEMAN & SPARE, P. C. By: Date: November 5, 1999 uw OFFICEI SNELOAKEM. 13RENNEMAN il & SPARE PfTilip R. re, squ re 44 Wes Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for John F. Stamy, III and Diane B. Stamy IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS- OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYL- VANIA BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM . , • . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) PRELIMINARY OBJECTIONS OF JOHN F STAMY III AND DIANE B. STAMY TO DECLARATION OF TAKING AND NOW, comes JOHN F. STAMY, III and DIANE B. STAMY, his wife, by their attorneys, Snelbaker, Brenneman & Spare, P. C., and file the within Preliminary objections as follows: BACKGROUND 1. John F. Stamy, III and Diane B. Stamy are owners of a certain parcel of farm land (hereinafter "Subject Premises") situate in Monroe Township, Cumberland County, Pennsylvania which they acquired by Deed dated June 30, 1987 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "T", Volume 32, Page 618, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 2. A portion of the Subject Premises was purportedly condemned by the Monroe Township Municipal Authority in this LAW orriccu action by the filing of the Declaration of Taking on or about SNELOANEN. BRENNEMAN October 8, 1999. & SPARE I 3. A portion of the 9,900 square feet, more or less, as shown on the plan or map attached to the Declaration of Taking entitled "Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan", dated August 23, 1999 and marked BROW-114" included plans for an above ground pumping station or lift station, although said plan or map does not indicate that an above ground pumping station is contemplated. A copy of said map or plan is attached hereto as Exhibit "B" and incorporated herein by reference thereto. 4. The Subject Premises is located within the Agricultural Security Area in Monroe Township as evidenced by Resolution No. 93-7 of the Board of Supervisors of Monroe Township and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 444, Page 361. A copy of said Resolution 93-7 is attached hereto as Exhibit "C" and incorporated herein by reference thereto. UNLAWFUL CONDEMNATION 5. The Agricultural Security Law 3 P.S. § 913(b), provides: (b) Approval required for condemnation by a political subdivision, authority, public utility or other body. - No political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land within any agricultural security area for any purpose, unless prier approval has been obtained from Agricultural uw OFFICI+ Lands Condemnation Approval Board and from each of the SNELOAKER, following bodies: the governing bodies of the local BRENNEMAN 8 SPARC -2- government units encompassing the agricultural security area, the county governing body, and the Agricultural Security Area Advisory Committee. Review by the Agricultural Lands Condemnation Approval Board and the other indicated bodies shall be in accordance with the criteria and procedures established in this section. The condemnation approvals specified by this subsection shall not be required for an underground public utility facility or for any facility of an electric cooperative corporation or for any public utility facility the necessity for and the propriety and environmental effects of which has been reviewed and ratified or approved by the Pennsylvania Public Utility commission or the Federal Energy Regulatory Commission, regardless of whether the right to establish and maintain such underground or other public utility facility is obtained by condemnation, or by agreement with the owner. (P.L. 128, No. 43, June 20, 1981 3 P.S. § 913(b)) 6. Condemnor, Monroe Township Municipal Authority has not obtained prior approval from Agricultural Lands Condemnation Approval Board, the governing bodies of the local government units, the county governing body nor the Agricultural Security Area Advisory Committee. 7. Prior to effecting a lawful condemnation of the portion of the Subject Premises intended to be used for above ground facilities, Condemnor must comply with Section 913(b) of the Agricultural Area Security Law. WHEREFORE, John F. Stamy III and Diane B. Stamy respectfully request your Honorable Court to enter an order dismissing said Declaration of Taking, decreeing same to be void LAW OFFICES SNEtoAKER. and of no effect whatsoever regarding the portion of their lands BnENNEMAN & SPARE II -3- upon which the Condemnor plans to construct an above ground pumping station or lift station, and further decreeing that title to said premises shall vest in John F. Stamy, III and Diane B. Stamy to the same extent as if no Declaration of Taking had been filed. 8. In addition to and in the alternative to the foregoing preliminary objection, the portion of the Subject Premises to be used as a pumping station or lift station should be taken in fee simple, and not as an easement or right-of-way. WHEREFORE, John F. Stamy, III and Diane B. Stamy respectfully request your Honorable Court to order and direct the portion of the Subject Premises to be used as a pumping station or lift station be taken in fee simple, and not as an easement or right-of-way. Respectfully Submitted, LAW OFFICEI SNELOAKER. Date: November 5, 1999 BRENNEMAN 9 SPARE SNELBAKER, BRENNEMAN & SPARE, P. C. By: 1 pare, Esquire 44 W Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for John F. Stamy, III and Diane B. Stamy -4- Ia.Ar_Yr,^.Y1 none, tAa1 rl... Aw M am ntwo .M u., M.. h TWO oneeb, MADE THS latdL day e/ June in the yn.r of one Lord one Ww.amd mint Avmdrtd eighty-seven 119871 RETWEE.V EARL W. RYDER, of Monroe Township, Cumberland County, Pennsylvania, and Crsn(or JOHN F. STANY, III, and DIANE B. STAMY, husband and wife, of 1191 Baish Road, Mechanicsburg, Cumberland County, Pennsylvania, Creole# at W?TNESSSTH, I44I in tone(dere(foa of One Hundred Forty-eight Thouset1d In Asnd psfd, (At come(/f w•A and no/100 aetns,(rS d0ad 6A ri 00) Mmfor dopp Aereb u gmst and convey to (At ofd prnn(coe. their heirs and assigns, ALL those certain tracts of land situated In Monroe Township, Cumberland County, Pennsylvania, bounded and described as followel TRACT NO. I - Beginning at A point at the Intersection of the Public Roads leading to lands now or formerly of Loldigh's Station and to the Brandt villa Ronda thence south eighty degrees east one hundred and fifty-lour parches to a point in the road landing to Brandteville road at line of Tract No. 2 hereinafter describadl thence by Tract No. 2 south nine degrees east thirty- seven and ¦even-tenths parches to a stone at lands now or Sample Mrs. Mary 6ndaone-fourth degrees of said dtwMrs. enty Mary ¦even-tenths perches to stones at corner of lands now or late of Richard Manners thence by lands now or late of said Richard Reeser north Fifty and one-hell degrees west nineteen and three- tenths parches to a etonat thence by the same north eighty degrees vast one hundred and thirty-seven and one-tenth perchom to a post In the Public Road leading from Churchtown to lands now or formerly of Laidigh's Stet Iona thence along said Road north twenty-one and one-hall degrees east thirty-two perches to the place of beginning. CONTAINING thirty-three (33) acres and fifty-three (51) parches, and being Improved with a house and barn. Or hl Or r[NIl ?fIWNIA AON EA OVARIMINI 01 = DOeN n::?.. rt -- 4 0 11A.lr bA',Hb f A? , SIAMI gho. CYMA. Co. M . ? . ? t,d too. I.... « L, ... . . s.,. 4:.7?.Y•1. A.r7 ti.o 0... CA AO C. ? r, f e. l.-.ry ,An C.MA. G. /e,..... 80ox'(32 tiff 618 11 ha 61,4 Igyl.I I,. ! t i EXHIBIT A TRACT NO. 2 - Beginning at a atone, thence by Tract No. 1 above mentioned, south maven and three-fourthm degrees east thirty- seven and six-tanthe parches to a atonal thence by lands now or late of Harry C. Paul north eighty-seven degrees east nineteen parches to a stonst thence along the same north thirteen and one- hall degrees west thirty-tour and six-tenths parches to a stone in the Public roads thence along the canter at said public road leading to Churchtown north eighty and three-fourths degrees west sixteen and two-tenths parches to a stone, the place of Beginning. CONTAINING three (1) acre and one hundred and thirty-four (111) perchan. BEING known as 1199 Bra;dt Road, Mechanicsburg, PA. BEIIIF Tract No IA8ActWangooode2E. Ryder, widower, conveyed to Carl H. Ryder and Helen E. Ryder, hesbond and wife, by deed dated January 10, 1911, and recorded in the Office of Recorder of Deeds in and for Cumberland County in Dead Book 'N', Vol. 25, Page 50. Helen C. Ryder died February 22, 1977, thus vesting the entire title in Carl H. Ryder. COMMONWfA1T11 OF PENNSYLVANIA = ERIARWINI OF alb N:II -- worvt 71 0. 0 0 - As o n?,?u m ? V V (j ? S A ? ,f ?a YY . ,", emu ew A lout-62 fur 619 EXHIBIT A !Si° NONAGE TOifNOHIY fiEc9GbEn OF UEEOS ...,.. nn,?ijq'y, YBiR78YLVANIA CUIiCEnLi.ll000UHTY•PA •' RESOLUTION N0. 97 - 7 '99 (SOY III PSI 1 90 RESOLUTION OF THE BOARD OF SUPERVISORS OF MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYL- VANIA, IN ACCORDANCE WITH THE AGRICULTURAL SECURITY LAN ACT N0. 41-1901, AB AMENDED By ACT N0. 119-1900 AND ACT NO. 27-1992 TO CREATE AM ADDITION TO THE AGRICULTURAL SECURITY AREA OF MONROE TOWNSHIP- WHEREAS, the Board of Supervisors of Monroe Township ling received a proposal for the creation of an addition to the Agricultural Security Area in Monroe Township, in accordance with the He 149-1980 and Act No. 23-1992, ai1st of0residento iadicaticg their desire to be included in the Agricultural Security Area being attached hereto; and WHEREAS, the Board of Supervisors of Monroe Township ling received a favorable report of acceptance and implementation concorning an addition to the Agricultural ecurity'fArea fr m the Monroe Township Planning commission and the Committees and Agricultural Security Area Advisory WHEREAS, the Board of Supervisors th a addition Hofrcertainslands to scheduled public hearing on ublic hearing the existing Agricultural Security Area, said p being duly and properly advertised, same taking place on May 11, 1990. NOW, THEREFORE, be it resolved by the Board of Supervisors Of Monroe Township, Cumberland County, Pennsylvania as follows; 1. The Board of proposed additionsstosthor Monroe e AygriculturallisecurityrAread accept the propopo for Monroe Township,'said proposed additions to include all the land owners, addresses, tax parcel numbers aand ttachedlhoroto?e as set forth in the attached list, same being marked Exhibit "A: and incorporated herein. 2. The proposed additions to the AgriculturalRsecurity Area as indicated in the attached rli=lateldocksto in the Cumberland shall be recorded in the appop Commissions Township the Planning County Recorder of Deeds Office and Ith of Cumberland County and Monroe BOOK 4,14 FADE aGL EXHIBIT 8 RESOLVED THIS 13th day of May, 1993' MONROE TOWNSHIP BOARD OF SUPERVISORS ATTESTi ,• . .. •• ? M C. Moore, Chairmen " .. •Metzge, }tariorie 1 ; „ Becr Lttf Y . ^' Member Diane O. Andcliff, scab L.?isey, mbar_ COMMONWEALTH OF PENNSYLVANIA i SS. COUNTY OF CUMDERLAND L 1993, before me aiiapa-C• theP?deY °f /• eared Rich C. Moore, On ned sofficer, Personally nP or satisfactorily uunde r Jacob L. Heissy, known to are and ereana whose names a subee%ecuted theesame proven) to ba the pond acknowledged that 'they within inu=rOeBattherein contained. for the P P hand and official ESS WHEREOF, I hereunto set my IN WITN seal. rig' 1 . , i ? ?- 1, t$EALI ., . Notary Public ,. NOTARIAL SEAL PuClrc, LAURA A BISTLINE. NeI+I ' . Clrlnlb C4 Want Cow Y., Muen 26,•S OgI • "' MI C,mmLilm E, (it oo% 444 PACE 36?. EXHIBIT B URUMM I, the undersigned, Secretary of the Township of Monroe Cumberland County, Pennsylvania (the "Township"), certify that: of a Resolution of the the foregoing is a true and correct copy 1 Which duly Board of Supervisors of the Township (the ,Board"), was enacted by affirmative vote of a majority of the members of the Board at a meeting held on May 13, 1993 and said Resolution remains in effect, unaltered and unamended, as of the date of this Certificate. I set my hand and affix the official IN WITNESS WHEREOF, seal of the Township, this 13th day of May, 1993. .s `11a 10 Marjorie Metzger Secretary r 1 ATTPs' i to% 444 rncl :;G3 EXHIBIT B 'EXHIDIT A' ArnuanF 1YIWNSHIP AGaICULTURAL SECURITY ?FA "....,c,enun nF 688 ACRES Tax Parcel Total Landowner's No. cr a o me Address Simmons. Samuel M. . Jr. & I Locust Point Roo S 22.09.0539.018 185,00 E. Mechanicsburg, PA Simmons, 22.12.0348.238 l e.75 Squibb, Barry D. 1387 Lekiph Drive Bolling Springs, PA 22.12.0340.001 4.57 Squibb, Harry D. 1387 Leldigh Drive Boiling Springs, PA 22.11.0280.023 90.00 Seamy, John F. III 8 1220 Babb Road Seamy, Diane B. Mechanicsburg, Pa 22.11.0200.021 94.75 Seamy, Jahn F. III d Brandt Road, Lot 1 Seamy, Diane B. PS 55 PG 38 22.10.0838.025 47.75 Slarny, John F. III 8 Route 74 (York Rd.) Seamy, Dbllo B. Lot 1 PB 48 PG 50 22.11.0200.030 84.00 Seamy, John F. III 8 1191 Balslt Road Slamy, Diana B. Mechanicsburg, PA Seamy, John F. 111 & 1250 Balsh Road 22.11.0280.022 93.00 Slanry, Diane B. Mechanicsburg. PA 118 00 Slo•Ebo Fmrn 1668 W Lisburn Rood 22.10.0610.009 Guorgu Lbatwr hlcchanicsbwq, PA 22.11.0200031 34.104 Zeigler, Jim R. 8 1200 York Road Zeigler, Linda I L Mechanicsburg, PA nn ylvanle 1 SS •'• ;un1 , rPUUI J .,111r _ • ..? •.`. ;I,, r,l!,r•• Inr 11,3 recording of D Q "irr.;••rlr.,+dCounty. Po. on coRL A Nil' r (? gUUK 444 YALE r..; IIn EXHIBIT B SAN. SEWER R/W AREA - 9900 SO. FT. i '/ `M . SOP 0-ID ,920 ? 'Pp ?tl 90 ? ? Sc.:?.=E. T t SCALE: 1" a 300' . rtpeline Ecsement Ccnstructicn Easement 1m: Ffcaer"i lines cre ccorcximcte. Trey cro cictted from the tcx mccs. i ?? y acx"'m Ell >v+a ?r 0J c Frcperty Cwrer's;: 'cem F., III & Dicne E. Stcmy aac?ss:cwu Tax Fcrc:i # 22-11-0280-021 RONALD E S1F°rHENS Title scurce: Ceed bcok T 32-618 une Flcn dct:: Aucust 23, 1999 Cr.-win Nc.: RCW-114 Sheet 1 A? , N41 ASSOCIATES, INC. "-? L?N? II In EXHIBIT B IT C LNG ENGINEERS ? a T,M `sS • 10' ®20a /r !m ISO SCALE: I" = 100' Pipeline _:Sement 71 C:rstrr:c:icn Ecserne ' !'$ ., q.- 14, C1\ C /r .y O C?9' \ PICT-r_: Pfccer:Y lines Cre CCCf: ii'C:e. Tn2v Cfe cIcL2C irCm tnc .?•• C 4'N CA ry ?i c`\ AE'° c tll & Cicne _. Stcm% Fr:cer:y Cwr.er(s): Jchn F.. U FRMs cNAL ° ?;Tcx rcre! 22-11-0260-021 RONALD F. STEPNENS ITtfe scur:n: Qeee bcck T 32-616 cn Cc:e: Au ust 23. 1999 Orc9vin 4c.; RC'N-11x Siee: 2 SURv&R 4 mob'' BRIM JAC. K NIBIC & :ASSOCIATES, I`+C• ' Ht L AIi -7 Exuipu C [?iG ENGIN'EERS SCALE: 1" _ -'c_!:ne Ecse.ment C:rstructicn Ecsernen' 4C?: Frccerty line. cre cccrcx!r•cte. Tnev cre ^1--Ac Ir:m me ccx ric6c. I ? \,Iral=r _ I ^?i?f? C_,r• \,I ` _'?il(I'?-?? f`..,, -??,? T.? I ' ??;?I?C= I C?\l!i--?? ri?-.. ?04 MCA4 ry I I a . cJ Rr2r. o Frccerty Cwner(s): Jchn F., III 2c Oicne E. Stcmy u FRCP NAL I cA pore! 4 22-11-02EC-021 RCNALD E STE:HENS :ritle scur_e: Deed Fcck T 32-612 2 1999 Orcwin MO : ROW-114 Sheet 3 g 'cn dct•• August . vre / 4 K MBIC BRINJAC R: ASSOCIATES, INC. ^ ? , """?sr ` Ex11IBIT C G ENGINEERS VERIFICATION MW OIIICts SNELOAKER, BRENNEMAN a SPARE I verify that the statements made in the foregoing Preliminary objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. $4904 relating to unsworn falsification to authorities. A a2A-,J W Diane B. Stamy Date: YouJ?. (car 3 9 9 . . J CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Preliminary Objections to be served upon the person and in the manner indicated below: FIRST CLASS MAID., POSTAGE PREPAID, ADDRESS AS FOLLOWS: James D. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 Date: November 5, 1999 Philip H. Ware,-Esquire SNELB KER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for John F. Stamy, III and Diane B. Stamy uw orncn II SNELOAKER. DRENNEMAN fl SPARE i •a a c a V ? i ? M O p, H E-4 0 a f + ? Z i 3?(yA _ ? ? u Htnzg • ZZa N s x H z OH? CZMz za Nm Z F w6 ? K N i9 a C H91 W x I H$ F M H a 0 ^ ? z ? g 04 O N J4y ?. E-4 E-4 0 yy y E :Nwz 0 ? Z p% N} 0 M Moraix % 00 P NiOH u 0 S OHO D E qo Z O F!? Qa a U EO Z? ?zW ? Q WqW 0 Z s ?g ? a ? ? Z H W E HZa 04 1 Ch H - 0 r -N5 OQ < i R7H ? 0 E y FOEEH? W'? M Z N w IUZIZ-IH H O LO 4N?L ' ? N L I . s IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM OF PENNSYLVANIA COUNTY OF CUMBERLAND : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) SS. JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Susan R. Gable, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. J Ja es D. a , Esquire Solicitor or the Monroe Township Municipal Au ority (Condemnor) SWORN to »d subscribed before me this /1 day of 0 0`Ziri r 1999. No ary Public My Commission Expires: NotanalQ Lisa A. Klshbauph, Noterryy PuWlc Shiremanstown Borg ctj and County My Commisslon Explres Apr. 9, 2fiD? . , IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Susan R. Gable 344 Old Stone House Road Boiling Springs, PA 17007 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish power of the right of the Condemnor to appropr property, the sufficiency of the security, the by the Condemnor or the Declaration of Taking, Preliminary Objections within thirty (30) days with this Notice of Condemnation. DATE OF NOTICE: October 12, 1999 James D. Bc Solicitor f Township Mt. (Condemnor) to challenge the late the condemned procedure followed you shall file after being served 614.1 Authority Certified Mail No.: Z 476 744 130 (Restricted Delivery, Return Receipt Requested) s r C7 p C S Z 476 744 130 us Postal Service Receipt for Certified Mail No Insurance Coverage Provldad. to Do not use for International Mal Sea reverse reM a stow. a Zl 7007 Pottage .a0 Ceneed Fn /, r{O Spedal Delivery Fee tlnekled Ddwvy Fee 7,17j^ r 0 RMUniMCepl b ' No. I DeM ? OW,s 7 TOT It F 8, 6D V4 " SENDER: I also wish to receive the gg • Ca pMte aema l ¦aea 2 Im ¦d?tonal ¦eMUa. following services for an r? ¦ ce eMN name 3.4s. ¦rq m. . prim yes mna, ¦m ¦oareu an ft rewne of ova roan so aut we can return tN& extra fee): you card lo ' ¦ An¦dt pw lam M ar Iron d IM maVece, a m iM back n W. Don not 1.O Addressee's Address ¦=V-Ree r" Ar"O Reou.erW W the mnpMCe Wow the ¦mde m.eo.r. 2. Restricted Delivery f? ¦ ne Return ReaWr ¦a¦ arvnv M wigm en ¦nKte was deWar q ena au tan Cor N postmaster for fee. dakered. The T ticle Addressed to: 4e. Article Number . R Ga,b&? 3yK S De, 41b. Service Type ,?^/j?'?j?,/',kok o Registered Certified 0 Express Mall [7 Insured 0 ReturnReceipt far Merdlandise 0 COD 7. Date of Delivery 91 b 5. elved By:(Pnnf am) I B. Addressee's AOdress'(OntyUrequested ++?? and fee is paid) a Ps Form 3811, December 1994 tcasbsee en22a Domestic Return Receipt }J. Ut - C*4 rCj - u . e IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Sharon R. Nelson, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. L&L 4 J ;es D. oar, Esquire Solicitor P the Monroe Township Municipal thority (Condemnor) SWORN to and subscr bed before me this A//k day o//f/ jjie/rl,b4,'- , 1999. - 61 Notar Pu lic My Commission Expires: Nolarlnl Seal Lisa A. Kishbaugh, Nolery Public Shlremanslown Boro, Cumberland County My Commission Expires Apr. a, 2003 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Sharon R. Nelson c/o 4303 Park Street Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds Office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish power of the right of the Condemnor to appropr property, the sufficiency of the security, the by the Condemnor or the Declaration of Taking, Preliminary objections within thirty (30) days with this Notice of Condemnation. Jates D. Bc Solicitor 1 Township Mi (Condemnor) DATE OF NOTICE: October 12, 1999 Certified Mail No.: Z 476 744 123 (Restricted Delivery, Return Receipt Requested) to challenge the Late the condemned procedure followed you shall file after being served Authority l Z 471r 744 1.23 US Postal service Receipt for Certified Mail No Insurance Coverage Provided. a . Speaal OeGrery Fee RMtddad Deinry Fm ?. />. N $,' RNum Recdpl ro lvhorri d Dale a3 ff y Da, L TOTAL pe a F S fA o rbnma l ate 10 n'a LL I - • .S\ i " SENDER- 0 CanpMa Nang t an6br Z for addOony mf , I also wish to receive the a Campau same 3.49, and se. following services (for an a4 your name and addreaa M IM b Maras Of ft form N NN we can ntum sue extra too): a qmy?','" b s" 2rpid a s'a "?^'ro2'u• a °n o" °ark s apace does not 1.0 Addressee's Address M/ ' st Y ¦ dta Raaxn Raca/yr Requaa(ad gr py ryNplaca bIk- py add nor, 2. R'r. Restricted Delivery a TM RaWm Reco" wdl w,,, b wMm IM snos wu detMrad and ft data d"Vomd, J? CDIt suit postmaster for fee. 3. Articl??e))Addressed lo: 4a. Article Number '• '/ ? \ 4b. Service Type L16 y303 Pri ( k y c Reglatered JA!,' Certified Express Mail -? Insured . Rstum Recepl to MercaaMw ? COD 4 7. Data livery 5. Received ay: (Print NeIn Addr area's Addis a Ony i l' ( requeafed ? ? . / NC I s•.d and roe la perd) 6. Signal re: Addressee A n ,F X 1 2 `) s k a PS Form 3811, December ID94 wsysveaoaa DomesticRotumRecelpt tr q G? G UJQ y f T r cli n u. l w ;aS?i ON E ON e IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND SS. JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Henry William Gable, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. 4icJM? D. g r, Esqu re itor the Monroe Township Municipal Authority (Condemnor) SWORN to and subscr bed before me this / day of 1999. -/'ry'e, v f Notary Public 6L J F..'' My Commission Expires: Notarial Snal Pubic W County Comminnlon E>Iplron Apr. 6,2D03 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Henry William Gable 344 Old Stone House Road Boiling Springs, PA 17007 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds Office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's Office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish power of the right of the Condemnor to appropr property, the sufficiency of the security, the by the Condemnor or the Declaration of Taking, Preliminary objections within thirty (30) days with this Notice of Condemnation. James D. Bc Solicitor ! Township ML (Condemnor) DATE OF NOTICE: October 12, 1999 Certified Mail No.: Z 476 744 124 (Restricted Delivery, Return Receipt Requested) Monroe Authority to challenge the iate the condemned procedure followed you shall file after being served Z 476 744 1-4 3,--11S Postal Service Receipt for Certified Mail Q No insurance coverage Provided. (?V Do riot use for international Mall See re rf:a_ raft _ /_?_0-1 Fee fy Fee ? ti 1J0 a Zr_ 20 60 " SENDER: I also wish to receive the aaMknal services following services (for an • f:onw e1 nenw 9, and/orud b ¦ Para your name AN Waraae on ere raven. Of nw form w IMt we Mn return "us , d extra fee): ' 1 '' ur e pAenamch t?ia ism to ON from Of the mugeu, of on me usc* s.p.u aoa not s Address 1.wO..s Addressee li t i t d D R ; • wrne'Rerum R,1W Rs9wared'on IM .0- Mbw the ankle numMr. very r c e e 2. sar es / ifu sale • The Return Roceo wle Mow to wrwm VW ankh wee 0aeverea Wd su _OfI lt postmaster for fee. i , dsuvvea. ". ? 3. Anide Adtlreased to: G? - 10),// j .pry 61d 1vsad lAt&,V _)Wrf A, 7,0`7 8 Ignature: (Addressee or Agar I x/./ ,? 1L61, 1A PS Form 3811, December 1994 4b. Service Type O Registered Certified O Express Mail Insured O ReturnReceipt fa Merchandise O COD 7. Date of Delivery 8. Addressee's Address (Only if requested and fee is paid) 102595.0 B 0229 C j 1 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Terrence M. McDonough, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. i Ja es D. B g , Esquire Solicitor or the Monroe Township Municipal A ority (Condemnor) SWORN to and subscribed before me this day of l7e71670--4- , 1999. Notary PublIc 61 My Commission Expires: Notarial Seel [ShilLe'(nnanslown a A. Kishbauph Notary Public Bom. Cumberland County ornmtsslon Expires Apr. B, 2003 .! IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Terrence M. McDonough 340 Old Stone House Road Boiling springs, PA 17007 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds Office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish power of the right of the Condemnor to appropr property, the sufficiency of the security, the by the Condemnor or the Declaration of Taking, Preliminary objections within thirty (30) days with this Notice of Condemnation. DATE OF NOTICE: October 12, 1999 to challenge the late the condemned procedure followed you shall file after being served James D. Bob Solicitor fok Township Muni (Condemnor) Certified mail No.: 2 476 744 125 (Restricted Delivery, Return Receipt Requested) Esquire e Monroe al Authority t s t 5 e C Z 476 744 L=5 US Postal Service ,iReceipt for Certified Mail ?No Insurance Coverage Provided. S" 10 t 11 1 o not for Inlernat o I I Mail rs us ae roverse st^ya State, A ZIP Cana ,,?? 3 0 Certified Faa /. Yo Spedal Dek"ry Fee a Restrided Daly" Fee Ralm ata W*evV to ? Whom l SA D /.a Rile RK00 D TOTAL a sF Nl , .60 , M sls .• P t os ma 3 ? n. I A/ name and adenss on me reverse of ttxs tam to eve we can ntum trite J. i lam to tM froM Men nwlpsw, a on Ina back d space den not tan Renal Raprasred'on eie meapieca Mrow ttr not number. I Ranpl wa stun ro wtnm tM Bowie waa nevamd and the date 3. Article Addressed to: lP,/lmee.,-A /Pc->4rcv, .37U 6?J skn? Aa r?o(. PS Fort 3911, December 1994 4a. 1 also wish to receive the following services (for an extra fee): ' 1, ? Addressee s Address 2. Restricted Delivery Co suit postmaster for fee. $ 4b. Servit Type O Registered Certdied O Express Mail Insured O Relum Receipt to Wic andns O COD 7. Date of DelivQ _ i; 6. Addressee's Address (Only it requested and tea is paid) wsnpe-Born uomesilC newrn Hecetpl i is l ? nom? n Fail N i rn t3 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) SS. JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Marie Loretta McDonough, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. //L11" i0 a e D. Bog r Esquire Solicitor fo he Monroe Township Municipal Authority (Condemnor) SWORN to a d subscr ed before me this Ax-day 1999. lJt Notary Nota r P blic Notarial Seal My Commission Expires: LISA A.Kishbeupn spat SN OWnStmn Pw,,, -.tommemi ^rrmly My COMMISST-1 ! , n-: 09 A•a d. 700.7 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM . IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Marie Lorette McDonough 340 Old Stone House Road Boiling Springs, PA 17007 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's Office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish power of the right of the Condemnor to appropr property, the sufficiency of the security, the by the Condemnor or the Declaration of Taking, Preliminary Objections within thirty (30) days with this Notice of Condemnation. to challenge the iate the condemned procedure followed you shall file after being served Jambs D. Bo ar Esquire Solicitor P he Monroe Township Muni pal Authority (Condemnor) DATE OF NOTICE: October 12, 1999 Certified Mail No.: Z 476 744 131 (Restricted Delivery, Return Receipt Requested) i e t x r 4 . Z 476 744 131 a?J US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International mail Sea reverse IQm [ s1 s me) r C t T ae?e I4, ?. / 760'1 r $ 3ao CerMW fee Special DeWery In Raltdoled Delvery Fee n Mum ReceglSMwiq W S • Nnnm a ow oelrend •d TOTAL Pau s F f 0 I Paewka w l ,• .D 1 SENDER: I also wish to receive the Y a Cornpale Mane t anNd 2 tw addxiow serviaa. ¦ Cvnp¦u same 3, 4a, w 4o. following services (for an • Prim your mane and ae0m58 orl ft ft" of mN form so mat woe tan mum 0, extra tool; h are IMa . A s a p loan to ft IMt 01 e» maMpsCa, or on the back a x0840 does not 1. 13 Addressee's Address p a m w ¦ Wma ?Raem Rosso Rmwlsa •on ma maupaca below ma aroca numbs. 2. t Restricted Delivery Md. ¦ Refurri Race" ww wow w whom the ¦rIM:N was oewared and a oe eau C ult postmaster for lea. 3. ARiclo Addressed lo: ?n? 4V Ned 6y: (PrinIN a o) I re: (Add a or 6 h¢ PS Form 3811, Docem 1094 -0!?V ? rzf Ml 4b. Servlca T Y??r ? Registered `/ Cortilied ? Express Mail ? Insured 17407 ? Return Receipt for Merchandise ? COD 7. Date of Delivery _ ' S. Addressee s Address (Only it requested and fee is paid) i /I 1025959e047A Domestic Return ?.; ?. 7 _3 ,. ?. . 5' ? ' ? ? °_ - a ?4? N e V `,? rr 't': A IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) SS. JAMES D. BOGAR being duly sworn according to law deposes and says: that he is the Solicitor for Monroe Township Municipal Authority, the Condemnor in the above-captioned matter; that he did serve appropriate notice of the condemnation upon Galen C. Byers, Condemnee herein, by certified mail, restricted delivery, return receipt requested, said notice in each case consisting of a Notice to Condemnee (the first sheet of which is attached hereto) and included a copy of Notice of Filing of Declaration of Taking and a copy of the Declaration of Taking with its several attachments; that proof of sending said Notice is evidence by the Receipt for Certified Mail attached to the attached copy of Notice; that the proof of receiving said Notice is evidenced by the Return Receipt for such certified mail; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. K C Flq- "1 1-11 Jam s D. o Esquire Solicitor f he Monroe Township Municipal Aut ority (Condemnor) SWORN to and subscr ed before me this /t/46?, day of 6i?C'nt./11?, 1999. Notary Pdblic My Commission Expires: Notarial Seal llsa A. Kishbauph, Notary Pudic SNremanslovm Soro. Cumbsry nd County My Commission Expires Apr. 6. 2003 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 99-61-86 CIVIL TERM IN REM (EMINENT DOMAIN) NOTICE TO CONDEMNEE TO: Galen C. Byers 1441 Cockleys Meadow Drive Boiling Springs, PA 17007 NOTICE IS HEREBY GIVEN pursuant to Section 405 of the Eminent Domain Code (26 P.S. 1-405) that Monroe Township Municipal Authority as Condemnor, has instituted eminent domain proceedings on October 8, 1999, docketed as aforesaid. The purposes of the condemnation and other relevant information are contained in the attached copy of the Notice of Filing of Declaration of Taking as filed in the Cumberland County Recorder of Deeds office, on October 8, 1999, Miscellaneous Book 627, Page 208, having attached thereto a copy of the Declaration of Taking as filed on the same date in the Cumberland County Prothonotary's office, said copy is hereby certified by the undersigned as being a true and correct copy of the original as filed and incorporated herein by reference thereto. You are further notified that if you wish to challenge the power of the right of the Condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed' by the Condemnor or the Declaration of Taking, you shall file Preliminary Objections within thirty (30) days after being served with this Notice of Condemnation. DATE OF NOTICE: October 12, 1999 LiftJ69421L, James D. B a , Esquire solicitor fbr-Jthe Monroe Township Municipal Authority (Condemnor) Certified Mail No.: Z 476 744 127 (Restricted Delivery, Return Receipt Requested) Z 471, 744 1 27 US Postal Service Receipt for Certified Mail ( No Insurance Coverage Provided. a Do not use for Intomatfonal Mail See reversa ? b st It e, r: D de Ponape s, Ceased Fee AD Spedw Dai very Fee Restricted Delivery Fee ,02S Realm Retapt b ? VAvn 6 DaM • HOZ l elm 61 -TOTAL 6 T 8 Palwk D r? -• " SENDER: I also wish to receive the e Catpab Mina I 1W, z for WM.W aerv ll a CaepMe Ham. 3,4a, and 4e, following services (for an , • Pith yax name and acift" on the taverse of eks tomt so that" un abm iris extra fee): ¦ AAsaafrotaa roam to the IMI or In. marpsce, or a, In. tack s sp.c. dm not 1. 13 Addressee's Address ¦ CrAoMn R.cW Ro"sIM'on da rnailixm aglow ea aretN mrrioer. Re6fdCted Delivery Y2 ' ( e The Retum Re" will Oqw to ~ eN anxa was dettared aW Ilia dsa d$W red. R postmaster for lee. 3. Article Addressed to: 4e. Article Number -2 q-71 22 70/ g 6 1 1 2&i , . 4 b. Service Type /uy/ 7 `-vLGeCfVv /`?./(? r'T ? Registered Candied O Express Mail Insured /J, A. _ ? I7?-? cj 0 Relwn Receipt for Merdu se ? COD . 7. Date of Delivery . 5. Received By: (Print Name) B. Addressee's Address (Only it requested 46 andreeupaid) 6. Signab re: (Addressee or AponU X 34 PS Form 811, December 1994 toxsosoe-oornv Domestic Return Receipt .Q ?? 1 M U E? x (?: ??lF h) }I'. ?i y i:?'-', c• t?3 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) DECLARATION OF RELINQUISHMENT OF MONROE TOWNSHIP MUNICIPAL AUTHORITY The MONROE TOWNSHIP MUNICIPAL AUTHORITY, a municipal authority, by and through its Solicitor, James D. Bogar, Esquire, does hereby file this Declaration of Relinquishment and declares as follows: 1. The Monroe Township Municipal Authority (hereinafter the "Condemnor") filed a Declaration of Taking on October 81 1999 in the Office of the Prothonotary of the Court of Common Pleas of Cumberland County at No. 99-6186 Civil Term, pursuant to Section 11 of the Municipality Authorities Act of 1945, Act of May 2, 19450 P.L. 382, as amended (53 P.S. §314), and in accordance with the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, as amended (26 P.S. §1-101 et seq.) and pursuant to Resolution No. 99-5 of the Monroe Township Municipal Authority, whereby property owned by John F. Stamy, III and Diane B. Stamy, same being located in Monroe Township, Pennsylvania, Tax Map No. 22-11-0280-021, and being more fully described by a Deed dated June 30, 1987, same being recorded in the Cumberland County Recorder of Deeds Office in Deed Book "T", Volume 32, Page 618, was condemned, in part, for purposes more fully described in said Declaration of Taking. 2. Condemnor has not made any payment as provided in Section 407(a) or (b) of the Eminent Domain Code, 26 P.S. § 1- 407(a) or (b), nor has John F. Stamy, III and Diane B. Stamy, owners of the fee simple or absolute title of the property, tendered possession as provided by Section 407 of the Eminent Domain Code. 26 P.S. § 1-407. 3. This Declaration is filed within one (1) year from the filing of the Declaration of Taking, and Condemnor has not taken actual possession of the property pursuant to the Declaration of Taking. 4. The property in question is more fully described as follows: Being nine thousand nine hundred (9,900) square feet, more or less, as shown on the plan or map attached hereto, entitled Monroe Township Municipal Authority Sanitary Sewer Right-of-Way Plan, dated August 23, 1999 and marked ROW-114, a copy of which is attached hereto, marked Exhibit "All and incorporated herein. 5. Upon the filing of this Declaration of Relinquishment, fee simple or absolute title in the property shall revest in John F. Stamy, III and Diane B. Stamy as of October 8, 1999 when the Declaration of Taking was filed, and all mortgages and other 2 6. This Declaration of Relinquishment is authorized by the Monroe Township Municipal Authority. Date: ?j oA>u,k}.q lot( q j., ATTEST: Ernest E. arvin, Secretary James D. Bog q, Esquire Solicitor for Monroe Township Municipal Authority MONROE TOWNSHIP MUNICIPAL AUTHORITY By: Bruce K. Bar y, Chairman 3 I verify that the statements made in this Declaration of Relinquishment of Monroe Township Municipal Authority are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: November tcl , 1999 Bruce K. Barcl , Chairman Monroe Township Municipal Authority k? N AD At j I I 144 DETAIL A SAN. SEWER R/W AREA 11,873 SO. FT. t • c 4,9 ,r / O q4y /; • ^f / 197 1 v lr? EXHIBIT A' SANITARY SEWER RIGHT-OF-WAY PLAN .• // OVER LANDS Or JOHN F., III & DIANE B. STAMY BCMr AND DISTANC0 LgMN ARE BASED ON MONROE TOWNSHIP, CUMBERLAND CO. PA. CHURCHTOVM AREA RO TOWNSHIP MU AUTHORITY CHURCH*AREA - HOeiaiiu DANU. D.C. GOHN ASSOCIATES, INC. SURVEYORS k ENGINEERS - MOUNT JOY, PA. TAX MAP NO, 22-11-0280-021 OWN. BY: JMK SCALE: 1- - 100' DATE:6/27/95 DEED REF. T 32-618 DATE OF DEED: 6/30/87 CKD. BY: MRS PROD. NO.!3495-01 DMIC NO.: ROW- L E GA L D E S C R I P T I O N for Monroe Township Sewer Authority Churchtown District Sanitary Sewer Right-of-Way Over Lands of John F., III b Diane B. Stacy ALL THAT CERTAIN twenty feet wide strip of land along with a right-of-way for a lift station being situate in the Township of Monroe, County of Cumberland, and the Commonwealth of Pennsylvania, said strip of land and its widened portion being more particularly shown on a Sanitary Sewer Right-of-Nay Plan prepared for the Monroe Township Sewer Authority by D. C. COHN ASSOCIATES, INC., Surveyors, Engineers, and Landscape Architects ou June 27, 1995 (Drawing No. ROW- ), and all the same being more fully bounded and described as follows, to wit: BEGINNING at a Manhole No. 153, as shown on the abovedescribed Sanitary Sewer Right-of-Nay Plan, said manhole being located along the southwesterly right-of-way line of Township Road No. 557 (Brandt Road); thence continuing along the said Southwest right-of-way line of Township Road No. 557 (Brandt Road) the following three courses: 1) North 37° 36' West,:a distance of 355.2 feet to Manhole No. 52, 2) North 37° 36' West, a distance of 330.1 feet to Manhole No. 151, and 3) passing over Manhole No. 149 on a course of North 36° 55' West, a distance of 293.6 feet to Manhole No. 150, as shown on the abovedescribed Sanitary Sewer Right-of-Way Plan. The abovedescribed right-of-way widens to accommodate a lift station, as shown on the abovedescribed Sanitary Sewer Right-of-Way Plan, said right-of-way widening BEGINNING at a point on the southwesterly right-of-way line of. the abovedescribed ten feet wide sanitary sewer easement at a point 13 feet, more or -less, *Southeast of Manhole No. 151 (between Manhole No. 151 and Manhole'No. 152); thence continuing in and through the aforementioned property of John F. III; and Diane B. Stacy the following three courses: 1) North 52° 24' West, a distance of 35.0 feet to a point, 2) North 37° 36' East, a'distauce of 50.0.feet to a point, and 3) North 52° 24' East, a distance of 35.0 feet to a point op the aforementioned Southwest right-of-way line of the abovedescribed ten feet wide sanitary sewer easement. Sanitary Sewer Right-of-Way area 11,873 square feet, more or less. The abovedescribed twenty feet wide right-of-way is accompanied by a five feet wide construction easement extending outwardly from the abovedescribed twenty feet wide sanitary sewer easement on each side, said five feet wide temporary construction easement being more particularly shown on the abovedescribed Right-of-Way Plana l(1 r F ' • ? ? ? ? ? ?. a C5 N ,,ee ? ?a''a?a?3 a q oA 6 94 MY w1Q?NMINrM OU4w OU1 OM mrN YI 1MU?M14N ?IOI\ Ib q rnITM 1 TIOtl U•It1q IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) DECLARATION OF RELINQUISHMENT Or MONROE TOWNSHIP MUNICIPAL AUTHORITY The MONROE TOWNSHIP MUNICIPAL AUTHORITY, a municipal authority, by and through its solicitor, James D. Bogar, Esquire, does hereby file this Declaration of Relinquishment and declares as follows: 1. The Monroe Township Municipal Authority (hereinafter the "condemnor") filed a Declaration of Taking on October 8, 1999 in the office of the Prothonotary of the court of common Pleas of Cumberland County at No. 99-6186 Civil Term, pursuant to Section 11 of the municipality Authorities Act of 19451 Act of May 2, 19450 P.L. 382, as amended (53 P.S. §314), and in accordance with the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, as amended (26 P.S. 51-101 et seq.) and pursuant to Resolution No. 99-5 of the Monroe Township Municipal Authority, whereby property owned by Joan E. Shoemaker, same being known and numbered as 348 Old Stone House Road, Boiling Springs, Monroe Township, Pennsylvania, Tax Map No. 22-28-2401-081, and being more fully described by a Deed dated August 18, 1986, same being recorded in the Cumberland County Recorder of Deeds Office in Deed Book "C", Volume 32, Page 742, was condemned, in part, for purposes more fully described in said Declaration of Taking. 2. Condemnor has not made any payment as provided in Section 407(a) or (b) of-the Eminent Domain Code, 26 P.S. § 1- 407(x) or (b), nor has Joan E. Shoemaker, owner of the fee simple or absolute title of the property, tendered possession as provided by Section 407 of the Eminent Domain Code. 26 P.S. § 1- 407. 3. This Declaration is filed within one (1) year from the filing of the Declaration of Taking, and Condemnor has not taken actual possession of the property pursuant to the Declaration of Taking. 4. The property in question is more fully described as follows: Being one thousand six hundred sixty-four (1,664) square feet, more or less, as shown on the plan or map attached hereto, entitled Sanitary Sewer Right-of-Way Plan Over Lands of Joan E. Shoemaker, dated June 12, 1995 and marked ROW-50, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein. 5. Upon the filing of this Declaration of Relinquishment, fee simple or absolute title in the property shall revest in Joan E. Shoemaker as of October 8, 1999 when the Declaration of Taking was filed, and all mortgages and other liens existing as of that 2 t . I date shall be reinstated. 6. This Declaration of Relinquishment is authorized by the Monroe Township Municipal Authority. Date: No••Cu,,(a4LV,%Qvq L? J es D. Bo r, Esquire Solicitor fckr Monroe Township Municipal Authority ATTEST: MONROE TOWNSHIP MUNICIPAL AUTHORITY A? Ernest E. Garvin, Secretary By: B ce K. Barcl , Chairman 3 I verify that the statements made in this Declaration of Relinquishment of Monroe Township Municipal Authority are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: November la , 1999 Bruce K. Barc , Chairman Monroe Township Municipal Authority eb y/G y ?'MhSrR?Er / MB MH 7JC / N Au, riypy S' kiMM fC "mar a WRINGS ANO DISTANCES SHOWN ARE WED ON MONROE TOWNSHIP MUNICIPAL AUTHORITY CHURCMOWN AREA - HORIZONTAL DATUM. TAX MAP NO. 22-28-2401-081 CEEO REF. C 32-742 DATE OF DEED: 8 SAN. SEWER R/W AREA 1664 S0." FT. t 5 /tt Z W Q O O SANITARY SEWER RIGHT-OF-WAY PLAN OVER LAND'S OF JOAN E. SHOEMAKER MONROE TOWNSHIP, CUUSERANO CO. PA. CHURCMOWN AREA D.C. GOHN ASSOCIATES, INC. SURVEYORS & ENGINEERS - MOUNT JOY, PA. OWN. BY: JSB SCALE: 1- - SO' DATE: 6/12/95 CKD. BY: WRS PROD. NO.:3495-01 DWG NO.: ROW- 50 L E G A L D E S C R I P T I O N for Monroe Township Sewer Authority Churchtown District Sanitary Sewer Right-of-way Over Lands of Joan E. Shoemaker ALL THAT CERTAIN twenty feet wide strip of land being situate in the Village of Churchtown, Township of Monroe, County of Cumberland, and the Commonwealth of Pennsylvania, said strip of land being more particularly shown on a Sanitary Sewer Right-of-Way Plan prepared for the Monroe Township Sewer Authority by D. C. GOHN ASSOCIATES, INC., Surveyors, Engineers, and Landscape Architects on June 12, 1995 (Drawing No. ROW-51), the centerline of said twenty feet wide strip of land being more fully bounded and described as follows, to wit: BEGINNING at a point on the North line of property of Joan E. Shoemaker, said point also being on the South right-of-way line of High Street, said point being located a distance of 135 feet, more or less, West of the intersection of the said South right-of-way line of High Street with the West right-of-way line of Old School House Road (Main Street); thence continuing in and through said property of Joan E. Shoemaker, South 160 001 West, a distance of 76.9 feet to a point on the South line of the aforementioned property of Joan E. Shoemaker, said point also being in line of property of Thomas V. and Audrey M. Kimmel, adjoiner to the South. Sanitary Sewer Right-of-Way area 1,664 square feet more or less. The abovedescribed twenty feet wide right-of-way is accompanied by a five feet wide construction easement extending outwardly from the abovedescribed twenty feet wide sanitary sewer easement on each side, said five feet wide temporary construction easement being more particularly shown on the abovedescribed Right-of-Way Plan. `- w 1\1 65 j .t ?J ? ? N riq r : r1. N 1 stn ti. ;?li? 0 1 . H 2 F E-i O w~ ? qa H mo 04 U t' Q w O I ? fe yaaaa O?w ae ac O F P n b o. till rA FF f? 4 o R am \wwlu..s wlu.nnlu•nnln ?M 111101 'JM lY4blYMY1 W .IIYIt \F.0 4(f Wup 1'1Y01\ nYO1F IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) RELINQUISHMENT OF POSSESSION AND STIPULATION TO THE PROTHONOTARY, CURT LONG: Dear Sir: You are hereby notified that the undersigned, Terrence M. McDonough and Marie Lorette McDonough, his wife, named Condemnees in the above-captioned matter, agree(s), stipulate(s) and tender(s) possession to the Monroe Township Municipal Authority, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, its successors and assigns, a temporary construction easement and, thereafter, a free, uninterrupted and unobstructed right-of-way along the route designated, in, over, across, upon, under and through that portion of the premises being known and numbered as 340 Old Stone House Road, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, said portion being more fully described in the Declaration of Taking filed in the above- captioned matter, all for the purposes more fully set forth therein. Date:.D-C(,,1L, )% S' X99 1 ?4'ru ? ? I )lt . L C't? l rrence T M. McDonough e Marie rett McDonough l COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND llOn this, the ??c day of,/ 'ff/IdJOf undersigned officer, personally appeared and Marie Lorette McDonough, known to me proven) to be the persons whose names ari within instrument, and acknowledged that for the purposes therein contained. seal. , 1999, before me, the Terrence M. McDonough (or satisfactorily a subscribed to the they executed the same IN WITNESS WHEREOF, I hereunto set my hand and official SEAL) Notary Public My Commission Expires: Noladal Sew Usa A.o shbaugh, Notery Publk Shnemonetwn Borg Cumbmtery County MY ComnNeeton EXPIree Apr. a- 2m-t °,; ?.,, `.< ;.,. . i / ? ? ra l ? ". v r' ?.? ? -' ?I M W L' ' ?? ~ tu 41 r ?? (y V ?: ',r".t ,. ?-. ;1? ' yc ?> - IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM To the Prothonotary, CURT LONG: Dear Sir: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) Please issue separate Rules, returnable in five (5) days after service upon the Condemnees in the above-captioned matter, said Rules to be issued upon the following: Sharon R. Nelson; Henry William Gable and Susan R. Gable, his wife; and Galen C. Byers. Date: December 7, 1999 Ja ea D. og r, Sol c for fo the Mo a Township Municipal Authority (Condemnor) -3 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) RULE TO SHOW CAUSE AND NOW, this 7th day of December, 1999, the Prothonotary of Cumberland County grants a Rule upon Henry William Gable and Susan R. Gable, his wife, to show cause why a Writ of Possession should not be issued for that portion of the premises being known and numbered as 344 Old Stone House Road, Boiling Springs, Monroe Township, Pennsylvania, said portion being more fully described in the Declaration of Taking filed in the above-captioned matter. Said Rule is to be returnable in five (5) days after service upon the Condemnees, Henry William Gable and Susan R. Gable, his wife. /s/ zL'fZ. 6 yP s?x4r' Curt Long, Prothon ary Cumberland County ?/ / nn-- IV,iA. 'eh?A l? w? k o ? r t } Q M ? 1 C' ? J ? j IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) RULE TO SHOW CAUSE AND NOW, this 7th day of December, 1999, the Prothonotary of Cumberland County grants a Rule upon Sharon R. Nelson, to show cause why a Writ of Possession should not be issued for that portion of the premises being known and numbered as 1290 High Street, Boiling Springs, Monroe Township, Pennsylvania, said portion being more fully described in the Declaration of Taking filed in the above-captioned matter. Said Rule is to be returnable in five (5) days after service upon the Condemnee, Sharon R. Nelson. Curt Long, Prothonotary Cumberland County J . '?V 4 I - v rr, to v rn v IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) RULE TO SHOW CAUSE AND NOW, this 7th day of December, 1999, the Prothonotary of Cumberland County grants a Rule upon Galen C. Byers, to show cause why a Writ of Possession should not be issued for that portion of the premises being known and numbered as 1441 Cockleys Meadow Drive, Boiling Springs, Monroe Township, Pennsylvania, said portion being more fully described in the Declaration of Taking filed in the above-captioned matter. Said Rule is to be returnable in five (5) days after service upon the Condemnee, Galen C. Byers. /SI //A lA x0.4L _ Curt Long, Prothonotary Cumberland County ... - ,. ?- 1 IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. PV- b/.?& CIVIL TERM IN REM (EMINENT DOMAIN) KNOW ALL MEN BY THESE PRESENTS: That the Monroe Township Municipal Authority, 1220 Boiling Springs Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania, is held and firmly bound unto the Commonwealth of Pennsylvania for the use of Kevin B. Benton and Margaret J. Burlew, his wife, as well as any other individuals named as Condemnees in Exhibit "B" as attached to the hereinabove Declaration of Taking, for any and all damages which they shall be entitled to receive after the same shall have been determined by law by reason of the taking and appropriation of the lands hereinafter described, by the said Monroe Township Municipal Authority to be paid to the said, Kevin B. Benton and Margaret J. Burlew, his wife, as well as any other individuals named as Condemnees in Exhibit "B" as attached to the hereinabove Declaration of Taking, their certain attorney, successors or assigns, to which payment well and truly to be made the said Monroe Township Municipal Authority has caused this instrument to be executed, the 15th day of September, 1999. WHEREAS, it has become necessary to condemn and appropriate •I certain interests in certain lands situate in Monroe Township, Cumberland County, Pennsylvania, for the construction, installa- tion, operation, maintenance, repair and replacement of a sani- tary sewerage system and a route has been surveyed, ascertained, located, fixed, marked, and adopted, for the same and the Monroe Township Municipal Authority has by appropriate action determined to take and appropriate for said purposes all those parcel or parcels of land situate in Monroe Township, Cumberland County, Pennsylvania, as more specifically set forth in Exhibit "B" as attached to the aforesaid Declaration of Taking. The said, Kevin B. Benton and Margaret J. Burlew, his wife, as well as any other individuals named as Condemnees in Exhibit "B" as attached to the hereinabove Declaration of Taking, are reputed to be the owners in fee simple of the said premises to be condemned. Now the condition of this obligation is such that if the said Monroe Township Municipal Authority or its successors, shall and do well and truly pay or cause to be paid to the said Kevin B. Benton and Margaret J. Burlew, his wife, as well as any other individuals named as Condemnees in Exhibit "B" as attached to the hereinabove Declaration of Taking, for the damages they may sustain by reason of the taking and appropriation by the said Monroe Township Municipal Authority of the lands aforesaid or any part thereof after the said damages shall have been determined by 2 law, then this obligation to be null and void= otherwise to be and remain in lull force and virtue. ATTEST: Ernest E. Ga in, Secretary MONROE TOWNSHIP MUNICIPAL AUTHORITY By: Br a K. Barcla , rman 3 .i 1 f 1 Tj 0 .. r? 44 04 00 ?-H ? 2 N I ? 1 6 o ?aa a?o?w i l z 1 Iww1Y•?YMIU.N wII?• M wits im"W. ]w Y1'M OWIIM.LY1S M M Nb V' 1111111 11 ,.r IN RE: CONDEMNATION OF LANDS, EASEMENTS AND RIGHTS-OF-WAY IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE MONROE TOWNSHIP MUNICIPAL AUTHORITY FOR THE CONSTRUCTION,: INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6186 CIVIL TERM IN REM (EMINENT DOMAIN) TO THE PROTHONOTARY, CURTIS R. LONG: Dear Sir: You are hereby notified that the undersigned, Sharon R. Nelson, named Condemnee in the above=captioned matter, and the Monroe Township Municipal Authority, named Condemnor in the above-captioned matter, hereby agree and stipulate that the description of the lands, easements and right-of-way of Sharon R. Nelson, situate in Monroe Township, Cumberland County, Pennsylvania, necessary to be obtained for the purposes set forth in the above-captioned Declaration of Taking be modified such that the correct easement and right-of-way be as in accordance with Exhibit "A" (2 pages), which is attached hereto and incorporated herein. Sharon R. Nelson, named Condemnee in the above-captioned matter, agrees, stipulates and tenders possession to the Monroe Township Municipal Authority, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, its successors and assigns, a temporary construction easement and, thereafter, a free, uninterrupted and unobstructed right-of-way along the route designated, in, over, across, upon, under and through that .r portion of the premises being known and numbered as 1290 High Street, Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, said portion being more fully described in Exhibit "A" (2 pages), which is attached hereto and incorporated herein, all for the purposes more fully set forth in the above-captioned Declaration of Taking. and as more specifically limited and defined in a Deed of Easement and Right-of-Way dated May fo, 2000,`a true copy of which is attached hereto and made a part hereof. Date: 1,ydy /0 2000 WITN•8 !3j!e N A . " (SEAL) SHARON R. N ON ATTEST: ERNEST E. G IN, Secretary MONROE TOWNSHIP MUNICIPAL AUTHORITY By: UCE K. BAR Y, airman SAN. SEWER R/W AREA 921 SO. FT. t MH SCALE: 1" a 50' Pipeline Easement Construction Easement ® EXHIBIT "A' MONROE TOWNSHIP MUNICIPAL AUTHORITY SANITARY SEWER RIGHT-OF-WAY PLAN G PROFESSIONAL roperty Owner(s): Sharon R. Nelson Tax Parcel y 22-28-2401-058 RONALD E. SUMS Title source: Deed book K 33-102 ME 1 11 ion date: December 30. 1999 Drawing No.: BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS 114 N. Second St., Harrisburg, PA 17101-1401 Phone: (717) 233-4502 171M.- (717) 233-0833 EXHIBIT A - PAGE 2 The plan attached hereto (Drawing No.: ROW-35) dated December 30, 1999, is subject to the following clarifying dimensions: The eastern side of the narrow part of the "Pipeline Easement" extending northwardly from High Street on the south (indicated as having a width of 1.5 feet) is and shall be parallel with and two and five-tenths (2.5) feet distant in a westwardly direction from the western wall of the dwelling house (said "dwelling house" not intended to reference the deck structure attached to the northern side of the house). ¦ Tax Parcel No. 22-28-2401-058 MONROE TOWNSHIP MUNICIPAL AUTHORITY DEED OP EASEMENT AND RIGHT-OP-WAY THIS INDENTURE, made this /O 11 day of ?"l 2000, between SHARON R. NELSON, of Monroe Township, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "GRANTOR," BLiI2 MONROE TOWNSHIP MUNICIPAL AUTHORITY, a Pennsylvania municipal authority of the Commonwealth of Pennsylvania, of 1220 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "GRANTEE." WHEREAS, the Grantor is the owner in fee simple of a certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, more particularly described in a Deed dated June 14, 1988, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book K-33-102; and WHEREAS, the Monroe Township Municipal Authority desires to undertake to construct a sanitary sewer system, which construction will include, but not necessarily be limited to, installing, constructing, erecting, laying, using, operating, maintaining, inspecting, removing, repairing, replacing, relaying, enlarging, and adding to from time to time sanitary sewer line or lines, conduits, manholes and drains, and other appurtenances, all said work taking place in, 1 over, across, upon and through the tract of land described in the aforementioned Deed ; and WHEREAS, in connection therewith it will be necessary to obtain a temporary construction easement and, thereafter a free, uninterrupted and unobstructed right-of-way along the route designated and hereinafter described, in, over, across, upon, under and through the tract of land described in the aforementioned Deed. WITHESSETH, that in consideration of the sum of One Dollar ($1.00), in hand paid, the receipt whereof is hereby acknowledged by Grantor, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns, forever, a temporary construction easement and, thereafter a free, uninterrupted and unobstructed right-of-way along the route designated and herein- after described, in, over, across, upon, under and through the tract of land described in the aforementioned Deed, for the purposes of constructing a sanitary sewer system , which construction will include, but not necessarily be limited to, installing, constructing, erecting, laying, using, operating, maintaining, inspecting, removing, repairing, replac- ing, relaying, enlarging, and adding to from time to time sani- tary sewer line or lines, conduits, manholes and drains, and other appurtenances, including related and required grading, all said work taking place in, over, across, upon and through the tract of land described in the aforementioned Deed, and the repairing and maintaining of same as herein indicated, together with all rights of ingress, egress and regress, in, to, over, upon, through, along and from said tract of land necessary and convenient for full and complete use by said Grantee, its succes- sors and assigns, of the said temporary construction easement and, thereafter, a free, uninterrupted and unobstructed right-of- way along the route designated and hereinafter described, and for the exercise of said privileges to construct or reconstruct a sanitary sewer system as set forth herein, and to repair and maintain same as hereinabove indicated, including, but without limiting, the foregoing right, power and privilege to have its officers, agents, employees or contractors go in, to, over, across, upon, under, though, along and from said tract of land to do and perform, with or without equipment, any and all acts necessary or convenient to carry into effect the purposes recited above, to keep the surface and subsurface of the said easement and right-of-way cleared of all timber, trees, roots, brush and other obstructions and to install and maintain gates and/or stiles in any fences crossing the said easement and right-of-way. The description and the plat of the said easement and right-of-way, hereby granted and conveyed, is attached hereto, marked Exhibit "A" (2 pages) and made a part hereof. It is to be noted that the description and the plat of the easement and right-of-way will identify the Grantor as either the present legal owner of record or a prior owner of record of this real estate. Where a prior owner of record is identified, the date of the deed and the deed reference will refer to the prior owner of record. The date of the deed and the deed reference for the present legal owner of record, the grantor herein, is as stated on the first page of this Deed of Easement and Right-of-Way. The said Grantor shall have the full use and enjoyment of the said easement and right-of-way surface except for the pur- poses herein granted to the said Grantee; provided, however, that the said Grantor shall not construct, grow or maintain nor permit to be constructed, grown or maintained, any structure or obstruc- tion of any kind whatsoever, except yards or green areas in, over, across, upon, under and through said tract of land which will interfere with the rights and privileges herein granted to the said Grantee, it successors and assigns. The said Grantee, in connection with its exercise of any of the rights and privileges herein granted, shall have the right to change, where mandated, the contour and condition of the land as same existed prior to the exercise of the rights and privileg- es granted herein. Further, the said Grantee will not create a nuisance or do any act that will be detrimental to the premises except as outlined herein. This easement and right-of-way is given under the express condition that Grantee, its successors and assigns, shall, at Grantee's sole cost and expense, restore or cause to be restored the area covered by both the temporary and permanent right-of-way or any area affected by said Grantee, its successors and assigns, of any rights herein granted, to as near the original condition as practicable, except as herein set forth. The words Grantor and Grantee shall include the parties hereto, their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. PZ44C,c Nzzf? 0 bA/l..vJ/.rca^'! (SEAL) SHARON R. NELSON Z ATTTTTEST: ERNEST E. G VIN, Secretary MONROE TOWNSHIP MUNICIPAL AUTHORITY By: BRUCE K. BARCLAY C rman GRANTEE I hereby certify that the true and correct post office address of the within Grantee is 1220 Boiling Springs Road, Mechanicsburg, PA 17055. ?,? ?y `" L JAMES D. BO , ESQUIRE Solicitor fo Grantee SAN. SEWER R/W AREA 921 .SO. FT. t 1 MH SCALE: 1" a 50' Pipeline Easement Construction Easement ® EXHIBIT "A" MONROE TOWNSHIP MUNICIPAL AUTHORITY SANITARY SEWER RIGHT-OF-WAY PLAN PROFESSIONAL M RONALD E. STEPHENS N R. Nelson Tax Parcel M 22-28-2401-058 Title source: Deed book K 33-102 Ian date: December 30, 1999 Drawing No.: ROW-35 BRINJAC, KAMBIC & ASSOCIATES, INC. CONSULTING ENGINEERS 114 N. Second St., Harrisburg, PA 17101-1401 Phone: (717) 233-4502 FAX: (717) 233-0833 EXHIBIT A - PAGE 2 The plan attached hereto (Drawing No.: ROW-35) dated December 30, 1999, is subject to the following clarifying dimensions: The eastern side of the narrow part of the "Pipeline Easement" extending northwardly from High Street on the south (indicated as having a width of 1.5 feet) is and shall be parallel with and two and five-tenths (2.5) feet distant in a westwardly direction from the western wall of the dwelling house (said "dwelling house" not intended to reference the deck structure attached to the northern side of the house). COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND , On this, the 149A day of 1Xjd V , 2000, before me, the undersigned officer, personally appeared SHARON R. NELSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (SEAL) Notary Public 61 1 My Commission Expires: HOW Bed & m L Zyctl, Notary Ptrdlo Born. Cumberland County ?on Expires Nov. 24, 2009 . SS.. AMrIbM orMw~iq %W03" -Y VMI"" On this, the /7tL day of 1r 1a(?, the undersigned officer, personally appe'Qred known to me (or satisfactorily proven) to be name is subscribed to the within instrument, that he executed the same for the purposes t; , 2000, before me, BRUCE K. BARCLAY, the person whose and acknowledged zerein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , Z,b((SEAL) Notary Public' J PLEASE RETURN TO: JAMES D. BOGAR, ESQUIRE 1 WEST MAIN STREET SHIREMANSTOWN, PA 17011 My Commission Expires: ea Lisa A. KlNoterlal Sshbargh, NotarylPublk SNnmanstown Bono, Cumberland County My Comntaslon Expires Apr. O, 2009 r •,? 1' f , , 4? `,? t?, ?. 'i??k ?p Cj/a ?J }?, .;? 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