HomeMy WebLinkAbout03-3802\~SERVERXSharedDocs\Word Processing\boroAUTHO\luhr~ trust, decraration of taking.June03.doc
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor
CIVIL ACTION - LAW
No. 2003 - ~D~ J
H Ric LUHRS Trust :
Condemnee
~ q~ DECLARATION OF TAKING
The Shippensburg Borough Authority hereby declares:
The Condemnor is the Shippensburg Borough Authority a Pennsylvania
Municipal Authority, having its principal office located at 111 North Fayette
Street, Shippensburg, Cumberland County, Pennsylvania.
The interest in the property hereinafter described is hereby condemned as an
easement by the Condemnor for the purpose of the construction, operation,
maintenance, repair, and replacement of a 12 inch water transmission main,
pursuant to the Eminent Domain Code, 1964, Sp. Sess., June 22, P.L. 84, 26 P.S.
§ 1-101, et seq., as authorized by Resolution No. 2003 - 0004, adopted March
11, 2003, by Condemnor. A copy of the Resolution is attached as Exhibit "A".
The original resolution may be examined at the offices of the Condemnor at the
above address.
The purpose of the condemnation is to allow the construction, operation,
maintenance, repair and replacement of a 12 inch water transmission main to
permit water service to high elevations in developments and proposed
developments which cannot be served by existing water transmission mains.
A description of the property condemned sufficient for its identification is set
forth in the attached Exhibit "B". On the same day this Declaration of Taking is
being filed with the Prothonotary, plans showing the property condemned are
being lodged for record in the Office of Recorder of Deeds of Cumberland
County, Pennsylvania, in accordance with Section 404 of the Eminent Domain
Code, 26 P.S. § 1-404.
Page 1 of 3
\~SERVERkSharedDocs\Word Processing\boroAUTHO\luhr's trust.deciaration of taking. J~ne03.doc
The nature of the title acquired in and to the property is a permanent easement
10 feet in width.
A plan showing the condemned property may be inspected at the office address
of the Condemnor.
The Condemnor files with this Declaration of Taking, an open-end bond without
surety pursuant to §403(a) of the Eminent Domain Code, 26 P.S. § 1-403(a). Just
compensation is made or secured by the filing of the Bond. A copy of the Bond
is attached as Exhibit "C".
Shippensburg Borough Authority
I~enneth Morgan, CEairmaca~
Forest N./v~ers, Esquire
Atty I.D.# 18064
137 Park Place West
Shippensburg, PA 17257
Phone 717. 532.9046
Fax 717.532.8879
e-mail fnmvers@earthlink.net
Page 2 of 3
\~SERVER~SharedDocs\Word Processing\boroAUTHO\luh~s trust.deClaration of taking,June03.doc
I verify that the statements made in this Declaration of Taking are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. § 4904, relating to unsworn falsification to authorities.
Date:
Kenneth Morgan, ChairmJ
Page 3 of 3
SHIPPENSBURG BOROUGH AUTHORITY
CUMBERLAND AND FRANKLIN COUNTIES, PENNSYLVANIA
RESOLUTION NO. 2003- 00z,
AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY
ACTION FOR THE ACQUISITION OF AN EASEMENT FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A WATER
TRANSMISSION MAIN IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA
WHEREAS, The Shippensburg Borough Authority, a Pennsylvania Municipal Authority, (the
Authority) pursuant to authorization contained in the Municipality Authorities Act of 1945,
Act of May 12, 1945, P.L. 382, as amended 53 P.S. §1 at§314 is installing a water
transmission main along Baltimore Road; and
WHEREAS, In order to carry out the proposed development of the water transmission main
it is necessary, to construct a water transmission main along Baltimore Road to connect its
well to an existing water transmission main along White House Road; and
WHEREAS, The Authority has been unable to agree with the owner or owners of the
properties to be acquired on the price or damages to be paid; and
WHEREAS, In accordance with Sections 314 of the Municipality Authorities Act of 1945,
as amended, the Authority is authorized to acquire title to the properties through eminent
domain proceedings;
NOW, THEREFORE, BE IT RESOLVED, That Shippensburg Borough Authority, in
accordance with authority conferred by Jaw, selects and appropriates for the purposes of
construction, instaJlation, maintenance, repair and replacement of a water transmission
main property located in Southampton Township, Cumberland County, PennsyJvania ( See
attached description);
RESOLVED, That all title and private rights or easements of whatever nature of property
owners to beds of unopened streets located within the area are hereby selected and
appropriated for the purpose of redevelopment, in accordance with [aw.
EXHIBIT "A"
RESOLVED, That the title to be acquired shall be an easement, for the purpose of
construction, installation, maintenance, repair and replacement of a water transmission
main.
RESOLVED, That counsel for the Authority and its proper officers are hereby authorized to
file a declaration of taking and such other proceedings, including the entry of such bond as
may be necessary or desirable, to carry out the purpose of this resolution.
RESOLVED, That the institution of'such proceedings, and any damages which may be
agreed upon or awarded to any party in interest, including the owner or owners of said
properties located within the area, shall be paid out of the funds of the Authority.
Adopted this 11'~ day of March, 2003, by the Shippensburg Borough Authority.
Attest:
LEGAL DESCRIPTION
GENERAL UTILITY EASEMENT OVER LANDS OF H. RIC LUHRS TRUST
TO BE ACQUIRED BY
SHIPPENSBURG BOROUGH AUTHORITY
Beginning at a point on the southern right-of-way line of Baltimore Road, S.R.3001 (33'
wide existing right-of-way), said point being the northwest corner of the hereon
described easement and a point on line of lands of Ronald M. Suder; thence along the
southern right-of-way line of Baltimore Road the four following courses and distances:
1) South 55 degrees 08 minutes 43 seconds East a distance of 31.55 feet to a point; 2)
South 53 degrees 57 minutes 10 seconds East a distance of 234.21 feet to a point; 3)
South 55 degrees 18 minutes 12 seconds East a distance of 24.26 feet to a point; 4)
along a curve to the left, having a radius of 291.50 feet, an arc length of 124.93 feet,
and a chord bearing of South 66 degrees 28 minutes 27 seconds East, and a chord
length of 123.97 feet to a point, said point being on line of lands of Ronald and Janet
Saiihamer; thence along lands of Ronaid and Janet Sailhamer, South 15 degrees 19
minutes 00 seconds West a distance of 20.04 feet to a point; thence crossing the lands
of the grantor the four following courses and distances: 1) along a curve to the right,
having a radius of 311.50 feet, an arc distance of 131.94 feet, and a chord bearing North
66 degrees 22 minutes 01 seconds West a chord distance of 130.95 feet to a point; 2)
North 55 degrees 18 minutes 12 seconds West a distance of 24.31 feet to a point; 3)
North 53 degrees 57 minutes 10 seconds West a distance of 234.24 feet to a point; 4)
North 55 degrees 08 minutes 43 seconds West a distance of 35.19 feet to a point, said
point being on line of lands of Ronald M. Suder; thence along lands of Ronald M. Suder,
North 45 degrees 44 minutes 01 seconds East a distance of 20.37 feet to a point on the
southern right-of-way line of Baltimore Road, the point of beginning.
Containing an area of 8,406 Sq. Ft.
As shown on a "Plan of General Utility Easement Over Lands Of H. Ric Luhrs Trust To
Be Acquired By The Shippensburg Borough Authority", prepared by D.L. Reiber
Associates, Drawing No. 02109-Plat 5, attached hereto and made a part of this
description.
S:~2002\02109 CET, Shipp. Well # 3 h20 main ext. along Bait. Rd\Descriptions\02109PLAT5.doc
EXHIBIT "B" - Page 1
/,'/
Rormld M
X-.X ///
~ ~ I~ P~ 318
Lot~. 5
General Ufllib
Easement
CHORD BEARING DELTA ANGLE
S 66°28'27" E 24°33'18"
H. RTC LUHRS TRUST
CUMBERED COUN~ PENNSYLVANIA ,
EXHIBIT "B" - Pao~ 2
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor
H Ric LUHRS Trust
Condemnee
CIVIL ACTION - LAW
No. 2003
BOND
KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having been filed
the ~?' day of August, 2003, by the Shippensburg Borough Authority, ("Obligor"),
a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, being held and firmly bound unto the Commonwealth of
Pennsylvania ("Obligee") for the use and benefit of the owner or owners of the
property condemned as hereinafter noted, and other proper parties in interest, for
such amount of damage as the owner or owners of the property and other parties in
interest shall be entitled to receive after the same shall have been agreed upon or
assessed in the manner prescribed by law, by reason of the condemnation by
Obligor of certain easements on land located in Southampton Township,
Cumberland County, Pennsylvania, described as follows:
ALL that certain 10 foot wide strip of land to be used as a general
utility easement, being located on the northeast side of Lindsay Lot
Road, T-616, Southampton Township, Franklin County,
Pennsylvania, said strip of land being more particularly bounded
and described as follows:
BEGINNING at a point on the southern right-of-way line of
Baltimore Road, S.R. 3001 (33' wide existing right-of-way), said
point being the northwest corner of the hereon described
easement and a point on line of lands of Ronald M Suder; thence
along the southern right-of-way line of Baltimore Road, the
following four courses and distances: 1) South 55 degrees 08
Page 1 of 3
minutes 43 seconds East, a distance of 31 ~55 feet to a point; 2)
South 53 degrees 57 minutes 10 seconds East, a distance of
234.21 feet to a point; 3) South 55 degrees 18 minutes 12 seconds
East, a distance of 24.26 feet to a point; 4) along a curve to the left
having a radius of 291.50 feet, an arc length of 124.93 feet, and a
chord bearing of South 66 degrees 28 minutes 27 seconds East,
and a chord length of 123.97 feet, said point being on line of land
of Ronald and Janet Sailhamer; thence along lands of Ronald and
Janet Sailhamer, South 15 degrees 19 minutes 00 seconds West, a
distance of 20.04 feet to a point; thence crossing the lands of the
grantor the following four courses and distances: 1) along a curve
to the right having a radius of 311.50 feet, an arc distance of
131.94 feet and a chord bearing North 66 degrees 22 minutes 01
second West, a chord distance of 130.95 feet to a point; 2) North
55 degrees 18 minutes 12 seconds West, a distance of 24.31 feet
to a point; 3) North 53 degrees 57 minutes 10 seconds West, a
distance of 2334.24 feet to a point; 4) North 55 degrees 08
minutes 43 seconds West, a distance of 35.19 feet to a point; said
point being on line of lands of Ronald M Suder; thence along
lands of Ronald M Suder, North 45 degrees 44 minutes 01 second
East, a distance of 20.37 feet to a point on the southern right-of-
way line of Baltimore Road, the point of BEGINNING.
CONTAINING an area of 8,406 Sq. Ft.
to which payment well and truly to be made, the Obligor does bind itself and its
successors, and assigns, firmly by these presents.
WHEREAS, the Obiigor has condemned the said property and cannot agree with the
owner or owners of said land upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation:
NOW THE CONDITION of this bond is such that if the Obligor shall pay or cause
to be paid such amount of damages as the said owner or owners of the property and
other parties in interest shall be entitled to receive by reason of such condemnation,
after the same shall have been agreed upon or assessed in the manner provided by
law, then this obligation shall be void; otherwise, to be and remain in full force and
effect.
Page 2 of 3
SEALED with the corporate seal and duly executed this ~,'¥' day of July. 2003.
Attest : Shippensburg Borough Authority
Page 3 of 3
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor
H Ric LUHRS Trust
Condemnee
CIVIL ACTION - LAW
No. 2003- 3802 Civil
MEMORANDUM OF FILING OF NOTICE
To the Prothonotary:
Notice of the above-captioned condemnation is recorded in the Office of
Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book No.
700, Page No. 1014.
Forest ~yers, Esquire
Attorney for Shippensburg Borough Authority
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8.[379
e-mail fn myers@earthlin k.net
Page 1 of 1
IN THE COURT OF COMMON PLEAS
OF THE 9TM }UDICIAL DISTRICT
CUMBERLAND COUNTY - ?ENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor
CIVIL ACTION - LAW
Vo
H Ric LUHRS Trust,
Condemnee
No. 2003 -- 3802 Civil
CERTIFICATE OF SERVICE
To the Prothonotary:
I, Forest N Myers, Esquire, attorney for the Condemnor, certify that I did serve a true
and attested Declaration of Taking in the above-captioned matter on the Condemnee, H
Ric Luhrs Trust, at 6020 Le Lac Road, Boca Raton Florida 33496-2316, by First Class mail,
postage prepaid, on August 11, 2003.
Date: August 22, 2003
~orest N Myers, Esquire
Solicitor, Shippensburg Borough Authority
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyers~_earthlink.net
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· print your name and address on the reverse
so that we can return the card to yoa.
· Attach this card to the back of the mai[piece,
or on the front if space permits.
1. ~icle Add~s~ to:
H Ric Luhrs, Trustee
H Ric Luhrs Trust
6020 LeLac Road
Boca Raton FL 33496-231
: Delivery
address rtifferent from item 1 ? ['-i Yes
if YES, enter delive'y address below: D NO
. Service Type
Certified Mail [] Express Mail
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Restricted DeWen/? (Extra Fee) [] yes
2. Article Number
(rransfer from service label) 7003 0500 0003 7585 7040
102595-02-M 1540
PS Form 3811, August 2001 Domestic Return Receipt
UNITED STATES POSTAL SERVICE
lFimt-Class Mail
Pos~ge & Fees PaJdJ
USPS |
Permit No.G-10
· Sender: Please print your name, address, and ZIP+4 in this box ·
FOREST N MYERS, ESQ.
137 Park Place West
Shippensburg PA 17257