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HomeMy WebLinkAbout03-6234IN RE: CONDEMNATION OF LANDS : IN THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR iNSTALLATION OF A SANITARY SEWER SYSTEM 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. CIVIL 2003 IN REM DECLARATION OF TAKING The Hampden Township Sewer Authority, a municipal authority organized under the laws of the Commonwealth of Pennsylvania, files this Declaration of Taking and specifically declares as follows: 1. The condemnor is Hampden Township Sewer Authority, whose office and principal place of business is located at 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. 2. This Declaration is filed pursuant to the authority of the Municipality Authorities Act of May 2, 1945, P.L. 382, No. 164, as amended (53 P.S. §301, et seq.). 3. This Declaration is made by virtue of a Resolution duly authorizing the taking adopted by the Hampden Township Sewer Authority at a meeting held on November 12, 2003, at the above-mentioned office ofcondemnor, as will appear by reference to the minutes of said meeting filed at the aforesaid office of the Authority, where record of the adoption of the Resolution may be examined. 4. The purpose of this condemnation and this Declaration of Taking filed incident thereto is to secure easements for the Hampden Township Sewer Authority, which easements are needed for the construction and installation of a sanitary sewer system. 5. Attached hereto as Exhibit "A" and made a part hereof are plans and legal descriptions of the easements necessary to be procured for the construction of said sanitary sewer system. The properties on which such easements are located are in the Township of Hampden, Cumberland County, Pennsylvania; and copies of aforementioned plans are, as of the date hereof, being filed in the Office of the Recorder of Deeds, Cumberland County, 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. 6. The nature of the title acquired are easements over, across and through the properties described for the purpose of constructing, erecting and maintaining the aforesaid sewer system. 7. Plans describing the land hereby condemned are available and may be inspected at the office of the Authority, 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania. 8. Just compensation has been secured to the condemnees by the posting of Bond without surety in accordance with Section 403(a) of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, [26 P.S. 1-403 (a)], as amended. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY OMMONWEALTH OF PENNSYLVANIA: : COUNTY OF DAUPHIN : SS Personally appeared before me, a Notary Public in and for said County and State, WILLIAM J. GREENE, who, being duly sworn according to law, deposes and says that he is the Chairman of the Hampden Township Sewer Authority, a municipality authority, that he is authorized to make this Affidavit on behalf of such Authority, and that the facts set forth in the foregoing Declaration of Taking, so far as they are within his personal knowledge, are true and correct, and as to the facts based upon the information of others, he believes them to be true and correct. William J. ~eene, Chairman Sworn to and subscribed before me this }~G~ day of ~j~4,~9~.~ ~ J~- ,2003. My Commission Expires } c~ - lb - C~ & 102587.1 BOND WITHOUT SURETY KNOW ALL MEN BY THESE PRESENTS, that Hampden Township Sewer Authority, a municipal authority organized and existing under the laws of the Commonwealth of Pennsyvlania (hereinafter called "Obligor"), is held and firmly bound unto the Commonwealth of Pennsylvania (hereinafter called "Obligee"), for the use and benefit of the owner or owners of the properties condemned as hereinafter noted and all other property and parties in interest for such amount of damages as the said owner or owners of said properties 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 because of securing easements across the properties set forth in the attached Exhibit "A" for the purpose of constructing, installing and maintaining a sanitary sewer system. To which payment well and truly to be made the Obligor does bind itself and its successors and assigns firmly by these presents. Sealed with its corporate seal and duly executed this 12th day of November 2003. NOW, the condition of this Bond is such that if the Obligor herein shall pay or cause to be paid such amount of damages as the said owner or owners of the properties in interest shall be entitled to receive by reason of the 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. ATTEST: HAMPDEN TOWNSHIP SEWER AUTHORITY irman 102588.1 EXHIBIT " A " PROPERTY OWNERS FROM WHOM EASEMENTS ARE TO BE OBTA1NED 1. Owen Bohn located on Industrial Park Road, Hampden Township, PA (Tax Parcel 22-531-9) (Deed Book Q-20-574) (Exhibit "A"). 2. 36~' Street Associates located at 415 Fallowfield Road, Camp Hill, PA 17011. (Tax Parcel 10-22-531-7A) (Deed Book 139-1055) (Exhibit "B"). 3. Hampden Industrial Development Authority located on Fallowfield Road, Camp Hill, PA (Tax Parcel )(Deed Book M-30-964) (Exhibit "C"). 4. M&T Bank located on Trindle Road, Camp IT_ill PA 17011. (Tax Parcel (Deed Book 198-392) (Exhibit "D"). 5. John R. Mumma and Sandra J. Mumma located on 36~' Street, Camp Hill PA 17011. (Tax Parcel 10-21-275-223) (Deed Book C-36-897) (Exhibit "E"). 6. Alan L. Gesford and Dorothy M. Gesford located on 36' Street; Camp Hill, PA 17011. (Tax Parcel 10-21-275-217) (Deed Book 126-469) (Exhibit "F"). ; , 7. Olga K. and Tarns Bondarozuk located on V'me Street, Camp Hill PA 17011 (Tax Parcel 10- 21-275-224) (Deed Book 143-466) (Exhibit "G"). 8. Nancy A. Koons located at 3797 Vine Street, Camp Hill, PA 17011.(Tax Parcel 10-21-275- 216) (Deed Book 188-64) (Exhibit "H"). ::~ 9. Forte Properties located at 3800 Market Street, Camp Hill, PA 17011 (Tax Parcel 10-21-275- 98) (Deed Book 251-1455) (Exhibit 'T'). 10. Beejet, LLC, located on Market Street, Camp Hill PA 17011 (Tax parcels 10-21-275-75 and 10-21-275-93) (Deed Book 252-4666) (Exhibit "J"). SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM OWEN BOHN BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being on the northerly fight-of-way line of Industrial Park Road and the existing westerly fight-of-way line of the Hampden Township Sewer Authority: thence following the aforesaid road northerly right-of-way line and the Owen Bohn southerly property line South eight six degrees thirty six minutes West (S 86°36' W) a distance often and four hundredths feet (10.04') to a point; thence thru the aforesaid Bohn property North one degree forty three minutes twenty nine seconds East (N 1 °43'29" E) a distance of two hundred eighty two and fifty four hundredths feet (282.54') to a point on the southerly right-of-way line of Pennsylvania Route 581 and the aforesaid Bohn Northerly property line; thence following aforesaid road southerly property line and the aforesaid Bohn Northerly property line South eighty three degrees twenty minutes East (S 83 °20' E) a distance of ten and four hundredths feet (i 0.04') to a point on the westerly right-of-way line of the aforesaid Authority; thence South one degree forty three minutes twenty nine seconds West (S 1 °43'29" W) a distance of two hundred eighty and seventy eight hundredths feet (280.78') to the Point of Begirming. The above described lines being the perimeter of a permanent sanitary sewer fight-of-way and being bounded on the west by a ten foot (10') temporary construction easement as shown on the attached plat. Total area of permanent right-of-way 2,816.59 Sq. Ft. or 0.06 Acres. OWEN BOHN DEED BOOK Q20 PAGE 574 TAX REFERENCE: 22-551-9 -- -',~'~z~-- iNDUSTRIAL ROUTE 58 ? S 83'20' E ~ ~ ?0,04'~. CONSTRUCTION - EASEMENT 10' PERMANENT SANITARY SEWER~ i.: RIGHT-OF-WAY Ex/sting 30' Son/faO' Sewer Roght-of-Woy PARK ROAD NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"= 100' PLAN SHEET: TAX MAP REF.: 22-551-9 TOTAL AREA OF R/W ON PROPERTY: 2,816.59 SQ.FT. OR 0.06 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM OWEN BOHN OF CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM 36m STREET ASSOCIATES BY HAMPDEN TOWNSH/P SEWER AUTHORITY Beginning at a point, said point being an iron pin (found) at the southwesterly property comer of 36m Street Associates and the northerly fight-of-way line of PA Route 581: thence following the aforesaid 36m Street Associates westerly property line North seven degrees twenty seven minutes fifty seconds West (N 07°27'50" W) a distance of two hundred seventeen and seventy nine hundredths feet (217.79') to the aforesaid 36m Street Associates northwesterly property comer; thence continuing along the aforesaid 36~ Street Associates nordierly property line North seventy four degrees twenty eight minutes zero seconds East (N 74028'00'' E) a distance of eight and ninety eight hundredths feet (8.98') to an iron pin (found) on the westerly right-of-way line of the cul-de-sac of Fallowfield Road; thence along the aforesaid road westerly right-of-way line on a curve to the left with a radius of sixty feet (60'), and arc length of twenty three and sixty eight hundredths feet (23.68'), a chord bearing of South twenty six degrees fifty minutes fifty two seconds East (S 26 °50'52" E) a distance of twenty three and fifty three hundredths feet (23.53') to a point; thence thru the aforesaid 36m Street Associates property South seven degrees twenty seven minutes fifty seconds West (S 07027'50'' E) a distance of two hundred seventeen and seventy nine hundredths feet (217.79') to a point on the northerly right-of-way of the aforesaid Route 581; thence along the aforesaid Route 581 northerly right-of-way line North eight four degrees forty two minutes zero seconds West (N 84042'00" W) a distance of seventeen and twelve hundredths feet (17.12') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way and being bounded on the east by a ten foot (10') temporary construction easement as shown on the attached plat. Total area of permanent right-of-way 3,579.15 Sq.Ft. or 0.08 Acres. ~ 7f Young liens Chn~ttdn Aseoczbt/bn ~ \. RADIUS-60.O0' ARC LENGTH-23.68' CHORD BEARING ~, S 26'50'52" E CHORD DISTANCE-2~.55' 16.70' PERMANENT 3o'SEWER / RIGHT-OF-WAY $6TH STREET ASSOCIATES ~',/~::::~/_ DEED BOOK 1,39 PAGE 1055 ~:::'I~'~/ / 10' TEMPORARY -~./~ AL~__.._.-----~ c o N STR U CTIO N - ~"~, / EASEMENT ~ ~,,oo,~,.~ N TAX REFERENCE: B ~v/F ~ /~a,~p,~ee 1~,¢o$~,~/ PA. ROUTE 58 Development Authon't~ Deed Book M30 Page Ta~ ~eference: NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SE~q-LEMENT PURPOS F'S ONLY. SCALE: 1"=60' PLAN SHEET: TAX MAP REF.: TOTAL AREA OF R/W ON PROPERTY: 5,579.15 SQ.FT OR 0.08 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM ,.36TH STREET ASSOCIATES OF CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY OANNE~ FLEMING,INC. HARRISBURG, PA SEPTEMBER 2003 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM HAMPDEN INDUSTRIAL DEVELOPMENT AUTHORUTY BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a poim, said point being the northeasterly property comer of the Hampden Township Industrial Authority; thence following the aforesaid Industrial Authority northerly property line South forty two degrees twenty three minutes West (S 42023' W) a distance often and twenty nine hundredths feet (10.29') to a point the Point Of Beghnning; thence following the westerly right-of-way line of the Hampden Township Sewer Authority South seven degrees twenty eight minutes East (S 7028' E) a distance of sixty four and forty one hundredths feet (64.41') to a point; thence thru the aforesaid Industrial Authority property North twenty four degrees seventeen minutes West (N 24 o 17' W) a distance of fifty three and sixty two hundredths feet (53.62') to a point on the aforesaid Industrial Authority northerly property line; thence following the aforesaid Industrial Authority northerly property line North forty two degrees twenty three minutes East (N 42023' E) a distance of twenty and thirty hundredths feet (20.30') to the Point Of Begimaing. The above described lines being the perimeter of a permanent sanitary sewer right-of-way.. Total area of permanent right-of-way 499.61 Sq.Ft. or 0.01 Acres. ¥'57V'?' po B _~ 4//:- ~' Finan/~o/ Trust Compony Deed 8ook 198 Page 392 ~ HAMPDEN INDUSTRIAL \ DEVELOPMENT AUTHORITY - \ DEED BOOK MSO NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=100' PLAN SHEET: TAX MAP REF.: 22-531-6 TOTAL AREA OF R/W ON PROPERTY: 499.61 SQ.FT. OR 1.01 ACRES PAGE 964- Ex/sting 50~;~,er__....- Son/tory J Right-of-W°y PA ROUTE ,581 4//- 3~?H Street Associates Deed Book 134 Poge 1055 RIGHT-OF-WAY TO BE ACQUIRED FROM HAMPDEN INDUSTRIAL DEVELOPMENT AUTHORITY OF' CUMBERLAND COUNT% PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORI-~ HARRISBURG, RA SEPTEMBER 200.3 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM FINANCIAL TRUST COMPANY BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being the southeasterly property comer of Financial Trust Company; thence following the aforesaid Financial Trust Southerly property line South forty two degrees twenty three minutes West (S 42023' W) a distance of thirty and fifty eight hundredths feet (30.58') to a point; thence thru the aforesaid Financial Trust property North twenty four degrees seventeen minutes West (N 24° 17' W) a distance of one hundred seventy five and ten hundredths feet (175.10~to a point on the southerly fight-of-way line of Tfindle Road (PA Route 641); thence following the aforesaid road southerly right-of-way line North sixty five degrees forty three minutes East (N 65 °43' E) a distance of twenty six and sixty seven hundredths feet (26.67')to a point on the easterly property line of the aforesaid Financial Trust property and the westerly right-of-way line of Fallowfield Road; thence Following the aforesaid Financial Trust easterly property line and the aforesaid road westerly fight-of-way line South twenty four degrees seventeen minutes East (S 24 ° 17' E) a distance of one hundred thirty one and seventy six hundredths feet ( 131.767 to a point; thence continuing along the aforesaid line on a curve to the lett with a radius of three hundred forty six and mety one hundredths feet (346.91') an arc length of thirty two and twenty six hundredths feet (32.96') with a chord bearing of South twenty six degrees fifty two minute~ forty two seconds East (S 26°52'42" E) and a chord distance of thirty one and twenty five hundredths feet (31.2Y) to the Point Of Begirming. The above described lines being the perimeter of a permanent sanitary sewer right-of-way and being bounded on the west and north by a ten foot (10') temporary construction easement as shown on the attached plat. Total area of permanent right-of-way 4,531.17 Sq. Ft. or 0.10 Acres. ~'~~ FINANCIAL TRUST COMPANY DEED BOOK 198 PAGE .392 (:~d) EASEMENT (TYP) 27' PERMANENT SANITARY ]GriT-OF-WAY \ NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=50' PLAN SHEET: TAX MAP REF.: 22-5.31 TOTAL AREA OF R/W ON PROPERTY: 4,5.31.17 SQ.FT. OR 0.10 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM FINANCIAL TRUST COMPANY OF CUMBERLAND COUNTY, PENNSYLVANIA 8Y HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEMING, INC. SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM JOHN R. MUMMA AND SANDRA MUM]VIA, HUSBAND AND WIFE BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being the southeasterly property comer of John R. Mumma and Sandra Mumma, husband and wife and on the notherly right-of-way line of Thirty eighth Street; thence following the northerly right-of-way of Thirty eighth Street South sixty seven degrees forty four minutes West (S 67o44' W) a distance of eight and one hundredths feet (8.01') to a point; thence thru the aforesaid Mumma property North twenty degrees zero minutes West (N 20°00' W) a distance of one hundred seventy and seven hundredths feet (170.07')to a point on the aforesaid Mumma northerly property line; thence following the aforesaid Mumma northerly property line North sixty eight degrees fifteen minutes East (N 68015' E) a distance of eight feet (8.00') to the northeasterly property comer of the aforesaid Mumma property; thence following the aforesaid Mumma easterly property line South twenty degrees zero minutes East (S 20000' E) a distance of one hundred seventy feet (170.00') to the Point Of Beginning. The above described lines being the perimeter of a permanent sanitary sewer right-of-way with a ten foot (10') wide temporary construction easement. Total area of permanent right-of-way 1,360.08 Sq. Ft. or 0.03 Acres. 20' PERMANENT SANITARY SEWE RIGHT-OF-WAY JOHN R. MUMMA AND SANDRA MUMMA, HUSBAND AND DEED BOOK C36 PAGE 897 NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE OEED OF RECORD ANO IS 'to BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=100' PLAN SHEET: TAX MAP REF.: 10-21-0275- TOTAL AREA OF R/W ON PROPERTY: 1,9.35 SQ.F-', OR 0.04 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM JOHN R. MUMMA AND SANDRA MUMMA, HUSBAND AND WIFE OF CUMBERLAND COUNTY, PENNSYLVANIA 8Y HAMPDEN TOWNSHIP SEWER AUTHORITY GANNE~i~ FLEMFNO, INC. HARRISBURG, PA NOVEMBER 2003 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM ALAN L. GESFORD AND DOROTHY M. GESFORD,HIS WIFE BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being the northwesterly property comer of Alan L. Gesford and Dorothy M. Gesford, his wife; thence along the aforesaid Gesford northerly property line North sixty eight degrees fifteen minutes East (N 68 ° 15' E) a distance of twenty eight and one hundredths feet (28.01') to a point; thence thru the aforesaid Gesford property South twenty degrees zero minutes East (S 20o0' E) a distance of sixty four and forty six hundredths feet (64.46') to a point; thence South twenty five degrees zero minutes West (S 2500. W) a distance of thirty nine and sixty hundredths feet (39.60') to a point on the Gesford westerly property line; thence along said westerly property line North twenty degrees zero minutes West (N 2000, W) a distance of ninety one and sixty hundredths feet (91.60') to the Point Of Begirming. The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total area of permanent right-of-way 2,185 Sq. Ft. or 0.05 Acres. POB 28' PERMANENT SEWER RIGHT-OF-WAY ALAN L. GESFORD AND DOROTHY M. GESFORD, DEED BOOK 126 PAGE HIS WIFE 4-69 NQTg 'THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMEN'T PURPOSES ONLY. SCALE: 1"=50' PLAN SHEET: TAX MAP REF.: 10-21-0275-217 TOTAL AREA OF R/W ON PROPERTY: 2185 SQ,FT. OR 0.05 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM ALAN L. GESFORD AND DOROTHY M. GESFORD, HIS WIFE OF CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEM~NO, INC, SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM OLGA K. BODNARCZUK AND TARAS BODNARCZUK BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being an iron pin (found) at the northeasterly property comer of Olga K. Bodnarczuk and Taras Bodnarczuk on the southerly right-of-way line of Vine Street; thence South seventeen degrees fifty two minutes seventeen and seventeen seconds East (S 17°52'17'. E) a distance of one hundred twenty and twenty five hundredths feet (120.25')to a point, said point being the aforesaid Bomarczuk southeasterly property comer; thence following the aforesaid Bomarczuk southerly property line South sixty eight degrees sixteen minutes five seconds West (S 68 °16'05" W) a distance of ten and two hundredths feet (10.02') to a point; thence thru the aforesaid Bomarczuk property North seventeen degrees fifty two minutes seventeen seconds West (N 17°52'17'. W) a distance of one hundred twenty and thirty hundredths feet (120.30') to a point on the aforesaid street southerly right-of-way line; thence following the aforesaid street southerly right-of-way line North sixty eight degrees thirty five minutes fifteen seconds East CN 68 °35'15" E) a distance of ten and two hundredths feet (10.02') to the Point Of Be~nniug. The above described lines being the perimeter of a permanent sanitary sewer right-of-way and being bounded on the west by a ten foot (10') wide temporary construction easement. Total area of permanent right-of-way 1,203 Sq.Ft. or 0.03 Acres. OLGA TARAS DEED 'C~ 10' TEMPORARY K. BORNARCZUK AND ~\ BORNARCZUK BOOK 14-5 PAGE 466 jo NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY SCALE: 1"=50' PLAN SHEET: TAX MAP REF.: 10-21-0275-22 TOTAL AREA OF R/W ON PROPERTY: 1,20,3 SQ.Fq-. OR 0.0,3 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM OLGA K. BODNARCZUK AND TARAS BODNARCZUK OF CUMBERLAND COUNTY. PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM NANCY A. KOONS BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being an iron pin (found) at the northwesterly property comer of Nancy A. Koons on the southerly right-of-way line of Vine Street; thence along the said right-of- way North sixty eight degrees thirty five minutes fifteen seconds East (N 68 °35'15" E) a distance often and two hundredths feet (10.021')to a point; thence through said property South seventeen degrees fifty two minutes seventeen and seventeen seconds East (S 17 o 52'17" E) a distance of one hundred twenty and thirteen hundredths feet (120.1Y)to a point in the southern property line of the aforesaid Koons property; thence following the aforesaid southerly property line South sixty eight degrees eighteen minutes forty five seconds West (S 68°18'45" W) a d/stance often and three hundredths feet (10.03') to a point; said point being the southwest comer of said property; thence along the western property line North seventeen degrees fifty two minutes seventeen seconds West (iq 17°52'17" W) a distance of one hundred twenty and twenty five hundredths feet (120.25') to the Point Of Beg/uning. The above described lines being the perimeter of a permanent san/tary sewer right-of-way. Total area of permanent right-of-way 1202 Sq.Ft. or 0.03 Acres. N/F Nancy A. Koons Deed Book 188 Page Tax Reference: 10-21 -0275-216 64 NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE 0EED OF RECORD AND IS TO BE USED FOR SE]q'LEMENT PURPOSES ONLY SCALE: 1"=50' PLAN SHEET: TAX MAP RBF.: 10-21-0275-216 TOTAL AREA OF R/W ON PROPERTY: 1202 SQ.FT. OR 0.03 ACIRES RIGHT-OF-WAY TO BE ACQUIRED FROM NANCY A KOONS OF CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDES TOWNSHIP SEWER AUTHORITY OANNE~ FLEMING, ~NC, HARRISBURG, PA OCTO{?ER 2005 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM FORTE PROPERTIES BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being a point in the southerly property line of Forte Properties; thence through the aforesaid Forte property North three degrees sixteen minutes forty six seconds West (N 3 o 16' 46" W) a distance of one hundred fifty and seven hundredths feet (150.07') to the northern forte property line; thence along the aforesaid northern property line North eighty eight degrees twenty seven minutes East (N 88 °27' E) a distance of twenty one and eight hundredths feet (21.08') to a point; thence along the easterly property line of said property South one degree thirty three minutes East (S 1 °33' E) a distance of one hundred fifty and zero hundredths feet (15 0.00') to a point on the Southerly property hne; thence along the southerly property hne South eighty eight degrees twenty seven minutes West (S 88027' W) a distance of sixteen and fifty five hundredths feet (I6.55') to the Point Of Beginning. Said right-of-way being entirely within an former street right-of-way. The above de~ribed lines being the perimeter of a permanent sanitary sewer fight-of-way. Total area of permanent fight-of-way 2822 Sq. Ft. or 0.06Acres. TEMPORARY ~ CONSTRUCTION EASEMENT FORTE PROPERTIES DEED BOOK 251 PAGE 1,4-55 07' EXISTING .30' SANITARY SEWER RIGHT-OF-WAY CARLISLE P pOS--~ ~ ~ 0~' J3'E 150.00' pERMANENT ,TAR¥ SEWER RiGHT-OF-WAY 88' 27' W NOTE THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SETTLEMENT PURPOSES ONLY. SCALE: 1"=100' PLAN SHEET: TAX MAP REF,: 10-21-0275-098 TOTAL AREA OF R/W ON PROPERTY: 2822 SQ.FT. OR .06 ACRES RIGHT-OF-WAY TO BE ACQUIRED FROM FORTE PROPERTIES OF CUMBERLAND COUNTY, PENNSYLVANIA BY HAMPDEN TOWNSHIP SEWER AUTHORITY GANNETT FLEMING, JNC HARRISBURG, PA AUGUST 2003 SANITARY SEWER RIGHT-OF-WAY TO BE ACQUIRED FROM BEEJET LLC, 3760 LLC, 4310 NEW YORK LLC AND BLEJIO LLC BY HAMPDEN TOWNSHIP SEWER AUTHORITY Beginning at a point, said point being the intersection of the right-of way of the Carlisle Pike and the center of a former road fight of way, being the southwesterly comer of the property o f BEEJET LLC, 3760 LLC, 4310 NEW YORK LLC, AND BLEJIO LLC; thence through the westerly line of aforesaid property the following three courses: North one degree thirty three minutes West (N 1 °33' W) a distance of one hundred forty nine and fifty hundredths feet (149.50'); South eighty eight degrees twenty seven minutes West (S 88°27' W) a distance of twenty one and eight hundredths feet (21.08'); and North three degrees sixteen minutes forty six seconds West (iq 3 ° 16' 16" VO a distance of two hundred seventy six and forty four hundredths feet (276.44'); to a point on an existing sanitary sewer right-of-way line; thence along the aforesaid fight-of-way line the following two courses: North seventy five degrees forty two minutes forty eight seconds East (Iq 75 °42' 48" E) a distance of twenty eight and fifty nine hundredths feet (28.59') and North fifty three degrees twelve minutes forty eight seconds East (N 53 °12' 48" E) a distance of two and thirty two hundredths feet (2.32') to a point; thence through the aforesaid property South three degrees sixteen minutes forty six seconds Bast (S 3 o 16' 16" E) a distance of four hundred thirty four and thirty three hundredths feet (434.33'); to a point on the northern fight of way line of the Carlisle Pike; thence along said line South eighty nine degrees twenty four minutes seventeen seconds East (S 89°24'17'' E) a distance of thirteen and twenty four hundredths feet (13.24) to the Point Of Begirming. The above described lines being the pefimeter of a permanent sanitaW sewer right-of-way and being bounded on the east and north by a ten foot (10') temporary construction easement as shown on the attached plat. Total area of permanent fight-of-way 10,097 Square Peet or 0.23 Acres. IV 5J' ~2' 2. J2~ ~ :~:~:~:~:~:~: xl O' TEM¢ORARY~ ~ ~ :~ . -CONSTRUCTION ~ ~ ~ ' ~::::::::~:~:] ~ SA~ITAR~ sgWER TEMPORARY ~ ~ ~ ~:~::::::. ~ __ __ CONSTRUCTION ~ ~' .~:~.~.~? EASEMENT ~ / ~:~:~ , ~ o~::?~:~:~:~': J BEEJET LLC, 3760 LLC ~ ~' 27 ~ /~ ~ 4310 NE~ YORN LLC AND BLEJIO LLC POB 1~24' __ -- -- CARLISLE PIKE NOTE THIS PL~T REFLECTS THE ACCURACIES OR INACCURACIES OF THE DEED OF RECORD AND IS TO BE USED FOR SE%r'LEMENT PURPOSES ONLY. SCALE: 1"=100' PLAN SHEET: TAX MAP REF.: 10-21-0275-09,3 10-21-0275-075 TOTAL AREA OF R/W ON PROPERTY: 10,097 SQ.FT. OR 0.25 ACRES RIGHT-OF-WAY TO EIE ACQUIRED FROM BEEJET LLC, 3760 LLC, 4-310 NEW YORK LLC AND BLEJIO LLC OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN TOWNSHIP SEWER AUTHORITY IN RE: CONDEMNATION OF LANDS : 1N THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR INSTALLATION OF : A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. CIVIL 2003 IN REM MEMORANDUM OF RECORDING TO: PROTHONOTARY OF CUMBERLAND COUNTY Please be advised that in accordance with the provisions of the Eminent Domain Law of 1964, you are hereby notified that Notice of the Filing of the Declaration of Taking to the above term and number is of record in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book , Page V-I D Goldberg,Katzman & Shipman, P.C. Assistant Solicitor Hampden Township Sewer Authority 102592.1 IN RE: CONDEMNATION OF LANDS : IN THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR INSTALLATION OF : A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML DMSION - LAW NO. D'~"¢~-~q CIVIL IN REM PROCESS OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS J. Jay Cooper, Assistant Solicitor for the Condemnor in the above proceedings, being duly sworn, deposes and says that he served Notice of the Filing of Declaration of Taking on the Condemnees on December 4, 2003, in accordance with the provisions of Section 405 of the Eminent Domain Code, Act of June 22, 1964 (Special Session) P.L. 84, Article IV, as amended, by sending such notice by certified mail, return receipt requested, to the last known address of such Condemnees. J. Jay Cool~,~s~ire Goldberg, Katzman & Shipman, P.C. PO BOX 1268 Harrisburg, Pa. 17108-1268 (717) 234-4161 Sworn to and subscribed before me this ID~ day of ~C¢~qev_ ,2003. tq ,%/t , qotar ubl]c My Commission Expires /C 102593.1 My (~ F_.~res Oct. 15, 2006 IN THE COURT OF COMMON PLEAS OF CUMBE, RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CONDEMNATION OF LANDS : 1N THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR INSTALLATION OF : A SANITARY SEWER SYSTEM: : NO. 03-6234 IN REM CIVIL PRAECIPE FOR ENTRY OF APPEARakNCE TO: CURT LONG, PROTHONOTARy: Please enter my appearance on behalf of the Condemnee, Manufacturers and Traders Trust Bank, successor to Financial Trust Company, in the above action. David' m. upp, Esquire S. Ct. I ). g07482 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Dated: December 30, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N RE: CONDEMNATION OF LANDS : NO. 03-6234 IN THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : IN REM BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR INSTALLATION OF : A SANITARY SEWER SYSTEM: : CIVIL CERTIFICATE OF SERVICE AND NOW, this ~day of December, 2003, the undersigned does hereby certify that [he has served a tree and correct copy of the foregoing, by first class mail en the person indicated below. J. Jay Cooper, Esquire Goldberg, Katznmn & Shipman, P.C. P.O,. Box 1268 Harrisburg, PA 17108-1268 BLAKEY, YOST, BUPP & RAUSCH, LLP IN RE: CONDEMNATION OF LANDS : IN THE TOWNSHIP OF HAMPDEN, : CUMBERLAND COUNTY, PENNSYLVANIA : BY THE HAMPDEN TOWNSHIP SEWER : AUTHORITY FOR INSTALLATION OF A SANITARY SEWER SYSTEM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 03-6234 CIVIL 2003 HAMPDEN TOWNSHIP SEWER AUTHORITY J. ~ ~oo~er,Esq., Assistant Solicitor Goldberg, Katzman & Shipman, P.C. PO Box 1268 Harrisburg, PA. 17108-1268 ID# 31720 109238.I 7. Nancy A. Koons. 8. Forte Properties. 9. Beejet, LLC. TO THE PROTHONOTARY: Please discontinue and mark settled the Declaration of Taking as it pertains to ~he following named owners and their property which was the subject of the Declaration of Taking.: 1. 36th Street Associates. 2. Hampden Industrial Development Authority. 3. Manufacturers and Traders Trust Company. 4. John R. Mumma and Sandra J. Mumma. 5. Alan L. Gesford and Dorothy M. Gesfurd.. 6. Olga K. and Taras Bodnarczuk. NOTICE OF FILING OF DISCONTINUANCE AND SATISFACTION