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HomeMy WebLinkAbout08-4768IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE :No.: L) 7 7 TOWNSHIP OF SILVER SPRING, A TOWNSHIP OF THE SECOND CLASS, OF LANDS AND ALL IMPROVEMENTS : EMINENT DOMAIN PROCEEDINGS THEREON FOR IMPROVEMENTS TO PUBLIC: IN REM STREETS SUTIATE IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34 § 1, 26 Pa.C.S.A § 302, as amended, respectfully represents that: The Condemnor is Silver Spring Township, acting through its Board of Supervisors. 2. The address of the Condemnor is: Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 The Township of Silver Spring is authorized by the provisions of Sections 2301- 2332 of the Second Class Township Code, 53 P.S. §§67301-67332, as amended, and 53 P.S. § 1081,to acquire, by purchase or the power of eminent domain, lands for use as public streets. 4. This Declaration of Taking is made and authorized by virtue of Resolution No. 2007-13, duly adopted by the Board of Supervisors of Silver Spring Township at a public meeting held on May 23, 2007 in the Township Municipal Building. The record of said public meeting, being the minutes thereof, and the original Resolution with the accompanying plan may be examined at the Township's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and incorporated herein by reference. The purpose of the within condemnation and this Declaration of Taking filed incidental thereto is to acquire required permanent right-of-way along Texaco Road and Hogestown road (State Route 114) from the parcel on the plan attached hereto as Exhibit "B", known and numbered as 4 Texaco Road to widen Texaco Road and Hogestown Road for traffic safety improvements to the intersection of Texaco Road and Hogestown Road and for the installation of a traffic signal. 6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is documentation which contains the descriptions together with a plan of the lands situate in Silver Spring Township, Cumberland County, Pennsylvania, necessary to be obtained for the purposes as aforesaid. A plan showing the property condemned is on the same day begin lodged for record or filed in the Office of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa. C.S.A. §304. 7. The nature of the title hereby acquired is permanent right of way. 8. A Plan (Exhibit "B") identifying and specifying the locations of the properties hereby condemned is attached hereto. 9. A Plan showing the properties hereby condemned as depicted on the attached plan (Exhibit "B") may be inspected at the Recorder of Deeds Office of Cumberland County. 10. The payment of just compensation in this matter is secured by the Township of Silver Spring's power of taxation. 11. I, Jan N. LeBlanc, Chairman of the Board of Supervisors of Silver Spring Township, do hereby depose, swear, and affirm that I am authorized by and do hereby execute this Declaration of Taking on behalf of the Township of Silver Spring, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa. C.S. §4904, relating to false swearing to authorities. WHEREFORE, permanent right of way is hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. .Q Jan N. Le anc, Chairman Board of Supervisors of the Township of Silver Spring EXHIBIT "A" ATTACHMENT 1 TOWNSHIP OF SILVER SPRING Cumberland County, Pennsylvania RESOLUTION 2007-13 WHEREAS, the Township of Silver Spring (the "Township") is a township of the second class, existing under the Second Class Township Code, act of May 1, 1933, P.L. 103, No. 69, 53 P. S. Section 65101, et seq., as amended; and WHEREAS, the road system of the Township has or will be expanded as a result of construction and development in and through the Township; and WHEREAS, it is necessary to acquire a permanent right of way for purposes of road widening for the installation of a traffic signal and related equipment within the property now owned by Clarence E. Miller, II; and WHEREAS, in order to ensure continuous and permanent road transportation, it has been deemed to be in the public interest for the Township to acquire, by purchase or eminent domain proceedings, a permanent right of way in such lands as the Township deems necessary for continued effective road service; and WHEREAS, the Board of Supervisors of the Township, upon the recommendation of its Township Manager and the advice of its engineer and other advisors, has selected the right of way to be permanently acquired, all as more fully described on Exhibit "A" hereto, as attached and to be acquired for the purposes of providing an improved roadway. NOW THEREFORE, the Township hereby adopts the following resolution: 1. The Chairman, Secretary and other such officers as they may designate, through the Solicitor of the Township and with the assistance of such other advisors as the Township Manager deems appropriate, shall contact the owner thereof and negotiate the acquisition of the permanent right of way described in Exhibit "A" on terms and conditions deemed advantageous to the Township in light of the public objectives of the Township and the necessity to take title to this permanent right of way as soon as possible, and to settle on the acquisition of, make proper compensation and full payment for and secure the ownership and possession of this permanent right of way in order to complete the road construction project. 2. The proper officers of the Township are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Township, including the fixing of the fair market value for the permanent right of way taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. 3. In the event that the Township cannot expeditiously agree on terms of the acquisition of the permanent right of way with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Township, are hereby authorized and directed to take the permanent right of way by exercise of the eminent domain power of the Township for road purposes under the Second Class Township Code, as amended and supplemented from time to time and under the Eminent Domain Code of 1972, as amended and supplemented from time to time. 4. Proper officers of the Township are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. 5. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Township that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution 2007-13 this 43 day of _l1?1r " 2007 by the Board of Supervisors of the Township of Silver Spring. ATTEST: BOARD OF SUPERVISORS TOWNSHIP OF SILVER SPRING Township Secretary hairman CERTIFICATE I, the undersigned, Secretary of the Township of Silver Spring (the "Township"), certify that the foregoing Resolution was adopted by a majority of the entire Township Board of Supervisors at a meeting duly convened according to law and held on 2007, at which meeting a quorum was present; said Resolution was adop ed by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. nc4-- IN WITNESS WHEREOF, I set my hand and official seal of the Township, this aZ day of , 2007. Secretary (SEAL) LEGAL DESCRIPTION LANDS OF CLARENCE E. MILLER, II RIGHT-OF-WAY DEDICATION ALL THAT CERTAIN parcel of ground known as the portion of ground owned by Clarence E. Miller, II to be dedicated to Silver Spring Township, being more fully bounded and described as follows to WIT: Beginning at a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583), said point also described as Station 107+00, Offset 30' Left of Texaco Road (T-583); Thence through lands now or formerly of Clarence E. Miller, II and along the northern required right-of--way of Texaco Road (T- 583) North Sixty-eight Degrees Fifty-nine Minutes Twelve Seconds East (N 68°59' 12" E) a distance of Fifty and Forty-two Hundredths Feet (50.42') to a point on the northern required right-of-way of Texaco Road (T-583), said point also described as Station 107+50, Offset 36' Left of Texaco Road (T-583); Thence along and through the same North Forty Degrees Thirty-four Minutes Six Seconds East (N 40°34'06" E) a distance of Forty-six and Twenty-two Hundredths feet (46.22') to a point on the northern required right-of-way of Texaco Road (T-583), said point also described as Station 515+50, Offset 40' Left of Hogestown Road (SR 01141 Thence along and through the same North Thirteen Degrees Forty-four Minutes Twenty-one Seconds East (N 13°44'21" E) a distance of Seventeen and Thirty-one Hundredths feet (17.31') to a point on the northern required right-of-way of Texaco Road (T-583), said point also described as Station 515+65, Offset 35' Left of Hogestown Road (SR 0114); Thence along and through the same North Nine Degrees Twenty-one Minutes Forty-six Seconds West (N 09°21'46" W) a distance of Thirty-five and Ninety-one Hundredths feet (35.91') to a point on the western legal right-of-way of Hogestown Road (SR 0114), said point also described as Station 516+00, Offset 30' Left of Hogestown Road (SR 0114); Thence along the western legal right-of-way of Hogestown Road (SR 0114) by a curve to the left with a radius of One Thousand Three Hundred Three and Fifty-six Hundredths Feet (1,303.56') an arc length of Seventy-nine and Forty-nine Hundredths Feet (79.49'), the chord of said curve having a Chord Bearing of South Thirteen Degrees Thirty-one Minutes Nine Seconds East (S 13°31'09" E) and a Chord Distance of Seventy-nine and Forty-eight Hundredths Feet (79.48'), to a point at the intersection of the western legal right-of-way of Hogestown Road (SR 0114) and the northern legal right-of-way of Texaco Road (T-583); Thence along the northern legal right-of-way of Texaco Road by a curve to the right with a radius of Fifteen and Zero Hundredths Feet (15.00') an arc length of Five and Fifty-six Hundredths Feet (5.56'), the chord of said curve having a Chord Bearing of South Four Degrees Thirty-eight Minutes Twenty-six Seconds East (S 04°38'26" E) and a Chord Distance of Five and Fifty-three Hundredths Feet (5.53'), to a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583); Thence along the northern legal right-of-way (by dedication) of Texaco Road (T-583) South Seventy-six Degrees Thirty Minutes Forty-nine Seconds West (S 76°30'49" W) a distance of Ninety-seven and Nine Hundredths Feet (97.09') to a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583), said point also described as Station 107+00, Offset 30' Left of Texaco Road (T- 583), the PLACE OF BEGINNING. The above described tract containing One Thousand Three Hundred Eighty-nine and Forty Hundredths square feet, more or less (1,389.40 +/- sq. ft.). w f N ? ° H < O 7nf _ ` ?1W? C f¢ <JJ < K Y O C, O uW?? {y 6 K O 1ZYU mm < l G SWS tx ?1 LL Q?uI ?O¢O Um N N ~ Q 1uy?N1F < C ® J 0'. 1110 ??? i duua 6?' < Q J ?¢Jm >O N 1¢6 o Q OLLW LL N u ] E6 -Z LLF ? 1 > W 1 II 4 ryry ? sa j JJ < C ?? D O , ?? LLFl 1?1 G N YWC YJ ?~O¢D¢Ub ¢ Q Y Z IC ? y 1y1 y FZ2 F FF..F NJ °O r ? W ? i J ;.N O:GUW<LL?u Wiw <wi LL J rc pp 1% O Z I=LL <?u i???? LLW i Q N U pp . N .. tVI? N ??o I I 2660 d ?S- N IO 1? YO< O W O Z a'! !ON O ?Qg$ UO 2 aT O F ae?j uwww°r i `??°N N<? ?i° N i arc?? u???x vlaa° ga`c `°u1`- o Un F 0 r 3 O W K a ??CSJ S O o r o 4i e Q g ti w /bOIlY,/ ./Y«,y0 O•,pEA / / W 1 Nub by0 ?3MI) 'J3) C- 1Q ? q?N rNy ?ilq° N• ? m ? t AY,M,,y0.?9'I h ? y t rAU? ?O HN b^N?W yy b 93 O/ \ \ ?? It „/ • x t 4 a ° ?? n ° x 4W N N °h rObE N fir O/ /N / r?W vVl? ya4 ` ?M' feS.l,•p/. 11 _ L L rOP s =11 i `ar a 0 0 e v H M 91,61 WI Imuz2/S 103110ld 1+60'COld6xStC-IOOYOZ\YOx\?aV91 M\dOH - SLf N6x1\11100102\I WfI00t\?? ,X114 3114 wlvdad0 EXHIBIT "B" PLOTTEO. 5/17/2006 OPER?i0q PILE PAT. 11\700?Ja0s\20 001 Y\LOeY )i5 - NOP\R IOM1?Oy\ROY\206001-?TSRYPT05. pOn Id 19t 16 AY A A } S Ily aF t A 1 to ! lU S dp q 77. ??_ 77 ?? a 11 ??•1'OPW 7'SBJ ? ?-?, ?/Ij NT?ry S =pl / w 'Z d7• A `Y??.I Y Y O 0? O Ny _ t0 CEO ??a1y?01 ° YN a ? AIOy? PY [ /Mt' 'Of.WAY >??i'l of •ra il, w 4? tYN' 4N NN Ot ? /Ep.? o,em NN alp 01N ? ?J?` ?. </NEP Y/p?'Of. a NN N q N n / ! • Qa bY3d„ p DE'O/(,?T p.Y/ tim M ? ! b W 4 jp. a y a ? n ?jI O ? O :h O t a ?rAp 5 76.E //. ? / m?C ® ?? /? s u• W ?m a+ z m may, El o i A t O ti O T D ti ? m C ? x?m?>$ ipsi of>4 m r 9 p^I ?<<>I.Nppymy O ?i Qi qO AM l'! 9 <poSiA ?y?? NKpT? yy O• 222222 C m?$? Ng?a m O?? lop, IIN? I I I?IIm ?N? _ . Q s p mo=T w e = o e yea ?MO D O N py?O N ?yy Yl< --> N O >?? y ?O m?O 2 m O ?? 2 ~I-gI°s?le?'I'T y 4 $ o>$ A °sA m?.D..p > z ?? .? JyyyyyC i O ? .`7QQ?/ > m T O? 1 t ?'? S T^ m N m A 09 m D a C3 y A T O gg > ?NC ??/i c $ ?$KS =?Z p A C ~ N Nllm I SKr _ $ T l v ?? ?V v C? -Ti 6µi ' r r e r w -p h) n 010 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE :No.: 108 - L 7?8 TOWNSHIP OF SILVER SPRING, A l TOWNSHIP OF THE SECOND CLASS, OF LANDS AND ALL IMPROVEMENTS : EMINENT DOMAIN PROCEEDINGS THEREON FOR IMPROVEMENTS TO PUBLIC: IN REM STREETS SUTIATE IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO CONDEMNEE - CLARENCE E. MILLER, II In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Silver Spring Township notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed on y , 2008, in the Court of Common Pleas of Cumberland County to the above named term and number. 2. A portion of your property has been condemned for the purpose of acquiring a required permanent right-of-way along Texaco Road and Hogestown Road from the property on the plan attached hereto as Exhibit "B", known and numbered as 4 Texaco Road to widen Texaco Road and Hogestown Road for traffic safety improvements to the intersection of Texaco Road and Hogestown Road and for the installation of a traffic signal. 3. If you wish to challenge the power or right of the Silver Spring Township to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary objections within thirty (30) days after being served with this notice. By: Stev ti ire Solic ilver Spring Township Attorney ID# 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE :No.: U? C?76 TOWNSHIP OF SILVER SPRING, A TOWNSHIP OF THE SECOND CLASS, OF LANDS AND ALL IMPROVEMENTS : EMINENT DOMAIN PROCEEDINGS THEREON FOR IMPROVEMENTS TO PUBLIC: IN REM STREETS SUTIATE IN THE TOWNSHIP OF : SILVER SPRING, CUMBERLAND COUNTY, : PENNSYLVANIA DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34 § 1, 26 Pa.C.S.A § 302, as amended, respectfully represents that: The Condemnor is Silver Spring Township, acting through its Board of Supervisors. The address of the Condemnor is: Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 3. The Township of Silver Spring is authorized by the provisions of Sections 2301- 2332 of the Second Class Township Code, 53 P.S. §§67301-67332, as amended, and 53 P.S. § 1081,to acquire, by purchase or the power of eminent domain, lands for use as public streets. 4. This Declaration of Taking is made and authorized by virtue of Resolution No. 2007-13, duly adopted by the Board of Supervisors of Silver Spring Township at a public meeting held on May 23, 2007 in the Township Municipal Building. The record of said public meeting, being the minutes thereof, and the original Resolution with the accompanying plan may be examined at the Township's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and incorporated herein by reference. The purpose of the within condemnation and this Declaration of Taking filed incidental thereto is to acquire required permanent right-of-way along Texaco Road and Hogestown road (State Route 114) from the parcel on the plan attached hereto as Exhibit "B", known and numbered as 4 Texaco Road to widen Texaco Road and Hogestown Road for traffic safety improvements to the intersection of Texaco Road and Hogestown Road and for the installation of a traffic signal. 6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is documentation which contains the descriptions together with a plan of the lands situate in Silver Spring Township, Cumberland County, Pennsylvania, necessary to be obtained for the purposes as aforesaid. A plan showing the property condemned is on the same day begin lodged for record or filed in the Office of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa. C.S.A. §304. 7. The nature of the title hereby acquired is permanent right of way. 8. A Plan (Exhibit "B") identifying and specifying the locations of the properties hereby condemned is attached hereto. 9. A Plan showing the properties hereby condemned as depicted on the attached plan (Exhibit "B") may be inspected at the Recorder of Deeds Office of Cumberland County. 10. The payment of just compensation in this matter is secured by the Township of Silver Spring's power of taxation. 11. I, Jan N. LeBlanc, Chairman of the Board of Supervisors of Silver Spring Township, do hereby depose, swear, and affirm that I am authorized by and do hereby execute this Declaration of Taking on behalf of the Township of Silver Spring, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa. C.S. §4904, relating to false swearing to authorities. WHEREFORE, permanent right of way is hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. ?;° Jan N. Le anc, Chairman Board of Supervisors of the Township of Silver Spring EXHIBIT "A" ATTACHMENT 1 TOWNSHIP OF SILVER SPRING Cumberland County, Pennsylvania RESOLUTION 2007-13 WHEREAS, the Township of Silver Spring (the "Township") is a township of the second class, existing under the Second Class Township Code, act of May l', 1933, P.L. 103, No. 69, 53 P. S. Section 65101, et seq., as amended; and WHEREAS, the road system of the Township has or will be expanded as a result of construction and development in and through the Township; and WHEREAS, it is necessary to acquire a permanent right of way for purposes of road widening for the installation of a traffic signal and related equipment within the property now owned by Clarence E. Miller, II; and WHEREAS, in order to ensure continuous and permanent road transportation, it has been deemed to be in the public interest for the Township to acquire, by purchase or eminent domain proceedings, a permanent right of way in such lands as the Township deems necessary for continued effective road service; and WHEREAS, the Board of Supervisors of the Township, upon the recommendation of its Township Manager and the advice of its engineer and other advisors, has selected the right of way to be permanently acquired, all as more fully described on Exhibit "A" hereto, as attached and to be acquired for the purposes of providing an improved roadway. NOW THEREFORE, the Township hereby adopts the following resolution: The Chairman, Secretary and other such officers as they may designate, through the Solicitor of the Township and with the assistance of such other advisors as the Township Manager deems appropriate, shall contact the owner thereof and negotiate the acquisition of the permanent right of way described in Exhibit "A" on terms and conditions deemed advantageous to the Township in light of the public objectives of the Township and the necessity to take title to this permanent right of way as soon as possible, and to settle on the acquisition of, make proper compensation and full payment for and secure the ownership and possession of this permanent right of way in order to complete the road construction project. 2. The proper officers of the Township are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Township, including the fixing of the fair market value for the permanent right of way taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. 3. In the event that the Township cannot expeditiously agree on terms of the acquisition of the permanent right of way with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Township, are hereby authorized and directed to take the permanent right of way by exercise of the eminent domain power of the Township for road purposes under the Second Class Township Code, as amended and supplemented from time to time and under the Eminent Domain Code of 1972, as amended and supplemented from time to time. 4. Proper officers of the Township are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. 5. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Township that such remainder shall be and shall remain in full force and effect. U-C DULY ADOPTED as Resolution 2007-13 this *' day of f)I%u j,_ , 2007 by the Board of Supervisors of the Township of Silver Spring. t ATTEST: BOARD OF SUPERVISORS TOWNSHIP OF SILVER SPRING Township Secretary hairman CERTIFICATE I, the undersigned, Secretary of the Township of Silver Spring (the "Township"), certify that the foregoing Resolution was adopted by a majority of the entire Township Board of Supervisors at a meeting duly convened according to law and held on rl7?a :g 3 , 2007, at which meeting a quorum was present; said Resolution was adop ed by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. ?- IN WITNESS WHEREOF, I set my hand and official seal of the Township, this 93 day of 2007. Secretary (SEAL) LEGAL DESCRIPTION LANDS OF CLARENCE E. MILLER, II RIGHT-OF-WAY DEDICATION ALL THAT CERTAIN parcel of ground known as the portion of ground owned by Clarence E. Miller, II to be dedicated to Silver Spring Township, being more fully bounded and described as follows to WIT: Beginning at a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583), said point also described as Station 107+00, Offset 30' Left of Texaco Road (T-583); Thence through lands now or formerly of Clarence E. Miller, II and along the northern required right-of--way of Texaco Road (T- 583) North Sixty-eight Degrees Fifty-nine Minutes Twelve Seconds East (N 68°59' 12" E) a distance of Fifty and Forty-two Hundredths Feet (50.42') to a point on the northern required right-of-way of Texaco Road (T-583), said point also described as Station 107+50, Offset 36' Left of Texaco Road (T-583); Thence along and through the same North Forty Degrees Thirty-four Minutes Six Seconds East (N 40°34'06" E) a distance of Forty-six and Twenty-two Hundredths feet (46.22') to a point on the northern required right-of-way of Texaco Road (T-583), said point also described as Station 515+50, Offset 40' Left of Hogestown Road (SR 0114k Thence along and through the same North Thirteen Degrees Forty-four Minutes Twenty-one Seconds East (N 13°44'21" E) a distance of Seventeen and Thirty-one Hundredths feet (17.31') to a point on the northern required rightof--way of Texaco Road (T-583), said point also described as Station 515+65, Offset 35' Left of Hogestown Road (SR 0114); Thence along and through the same North Nine Degrees Twenty-one Minutes Forty-six Seconds West (N 09°21'46" W) a distance of Thirty-five and Ninety-one Hundredths feet (35.91') to a point on the western legal right-of-way of Hogestown Road (SR 0l 14), said point also described as Station 516+00, Offset 30' Left of Hogestown Road (SR 0114); Thence along the western legal right-of-way of Hogestown Road (SR 0114) by a curve to the left with a radius of One Thousand Three Hundred Three and Fifty-six Hundredths Feet (1,303.56') an arc length of Seventy-nine and Forty-nine Hundredths Feet (79.49'), the chord of said curve having a Chord Bearing of South Thirteen Degrees Thirty-one Minutes Nine Seconds East (S 13°31'09" E) and a Chord Distance of Seventy-nine and Forty-eight Hundredths Feet (79.48'), to a point at the intersection of the western legal right-of-way of Hogestown Road (SR 0114) and the northern legal right-of-way of Texaco Road (T-583); Thence along the northern legal right-of-way of Texaco Road by a curve to the right with a radius of Fifteen and Zero Hundredths Feet (15.00') an arc length of Five and Fifty-six Hundredths Feet (5.56'), the chord of said curve having a Chord Bearing of South Four Degrees Thirty-eight Minutes Twenty-six Seconds East (S 04°38'26" E) and a Chord Distance of Five and Fifty-three Hundredths Feet (5.53'), to a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583); Thence along the northern legal right-of-way (by dedication) of Texaco Road (T-583) South Seventy-six Degrees Thirty Minutes Forty-nine Seconds West (S 76°30'49" W) a distance of Ninety-seven and Nine Hundredths Feet (97.09') to a point on the northern legal right-of-way (by dedication) of Texaco Road (T-583), said point also described as Station 107+00, Offset 30' Left of Texaco Road (T- 583), the PLACE OF BEGINNING. The above described tract containing One Thousand Three Hundred Eighty-nine and Forty Hundredths square feet, more or less (1,389.40 +/- sq. ft.). O• ? I I.aIN ? V WF-? _li Z W ?? O YJ YI F?o G1?ll__ = UZ WC60 U m N a 3 Z F = crw ??yy pp p? c O Jm N W ¢ ° OLLY LL F- N Y Zz MIS W > y ? J N 6 N O i ? p i yWi ?Q ?$Ka "3 i oe&o c?? LL W.g ? w °O - LL 6 ii ou <Jw °O v¢i rv ?? I laid 5 ? ¢ ° ?<= oi°r5 0 < w w °I i ?z •°_ °S$ ? =a a 565 t ?¢ZHK O?Q` p?f? O J¢O 2 ??OH uFUai ?n ?ui¢ °i o? ? ?>°? gg e u a 3e 0 S 67 r K 3 o W z LU z a W +f ? . a -/ (i rU v ? ati o p9 iy •or e a NP, m¢ 99 ly GYM y?03p J Oop`AR ? / i , .? i bN a Nrbj t, 1 s Nrv Nw/ yr'leN? 01 yyrrW`N?yiyy rON 2 `06' h rp/ Er ? • Oa. u r 3 ~?WyCa ? /P•rr ? FBF•1 N ?? 11 ern - ?? «S wt •OP ?1 i ? `4t i a 0 0 C ? W I 6? J H 9Y 91 .61 rO1 9002/ii/S .03110?d u9D'fOLd99SGC-10010E\90tl\F9'491 H\NN - SL[ Mvol\9100v02\9WfI00 Z\r? rNl?d 311d µOr vNidO EXHIBIT "B" OPEPATM PLOTTED! 5/22/2008 FILE PA HI h\2004- 1\2"WIM\TO 5T5 - MOP\HI9-yVOIN2"OD1-5T5PrPT05."I U. I a? T ? a a ? of e ?a i h ?n Hrn:,, a `p1' /OJm sm.? ..q O m aw oT v N j 20 ? 4 EO q p.u LIME -OF-WAY : 4y?4N W ?N oa ?T - ' t?k ? owi ? Y 0N1 qN n 2 / 6• ?, ?'3d O ? pEp? ?T OW/ b W ?'F Ja ? ? q f Fn g Q i S r,? a i m S 7E. ? T m?? T/. z? T? s ? W ? c ® m ? To ` a m c m o v f iT x 0 i s € S - - a ~ N P y N°?Iyi ' Xg mt l$ j y t m z $ ^ m TT m° Iii>? x 8>a? ?~cm? oniy o y N QQ A?r9L-- $C n ?-Ii ?'I"" P6 • ? 5L i m vT pmmOTT«T' y?21 o ? _ w pa No MA Sc m Y N D Il?iry ' ? O T 9y Q A '9 9 aid pyT ^ is mFmi?m > PR ® p °- - mN6 Nt ?Eam g?`m sZ C H P O P K EXHIBIT "B" ¦ O• ¦ ? N ? I O ? > OW? N 0 W ? t O g 0. OOH iso- 20 Y? C Z 1 ? U = W 1 L ~ 0 UOI o 0: Q ? ~ se ? < N K WQ M : O < .h Y Iu . grjdF? ® LL?u ?O[J? >O N t OIL) LL H yCy ?n j Z CC J u?<? R ? W > N yyII ?Y N G qq J O ` JJ ?¦? 0: QY 2 C pNJ? E O W u ay ?oW dLLj J =i <OUI?w??m YO I W L I € ?w = ?u - O N J 3=19 IL O N ^?I ?? N J60 ? II lO << ? t? ¢ 2 J>uN1 O 2 ?¢ ? W O Wg ?¦Z o_ O W 2 N r 12 g°Fc C yL Me' K ~ 0: i K WW? 2 ???h I y NO W O? F C vYii?u gioo?? a ? ? ? W g?LL? 33: LL O 2 27 O W K W Oaf WO \? r :, a •+sr°?/ ?`?`i cat ? I 'g? s Rev v ?e°rko° ` /h At b s w ? m? '4W -+t7 _ 0 "'4,1 / / i 1 b4bi to yh `O L/Od/3MI) )Y?j) lV mr Nlo WqO N yry ryhdoy ey? AYyyO, 3NJ) J//O/d, R ? = ?In 'ey:.°?Ip?Ny y l W` ry 4i) ? Oj ? ?? Fy o + M U ? f yfe? o I`u Wyy / E ??/ 'EOP/N • / N JfW k. ? i` TOP n' i Ar t a 3< dy 0 0 Q L a ti M 91 X61 X01 0002/22/S ?031101d xOG CO1d0tlSlt-100b2\BOtl\RUyDI N\dON - SL[ NBOI\0100 02\? BOfY002\iA iNl+d 311 0pllv3 VERIFICATION The undersigned, JAN N. LEBLANC, Chairman of the Silver Spring Township Board of Supervisors, hereby verifies that the facts set forth in the Notice to Condemnee are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. *JJN. LEBLANC, CHAIRMAN co _ f; ti ] -y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE :No.: 08-4768 TOWNSHIP OF SILVER SPRING, A TOWNSHIP OF THE SECOND CLASS, OF LANDS AND ALL IMPROVEMENTS : EMINENT DOMAIN PROCEEDINGS THEREON FOR IMPROVEMENTS TO PUBLIC: IN REM STREETS SUTIATE IN THE TOWNSHIP OF . SILVER SPRING, CUMBERLAND COUNTY, : PENNSYLVANIA MEMORANDUM OF FILING OF NOTICE TO THE PROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds in and for Cumberland County as instrument number 200827070. Solicitor Silver Spring Township Attorney ID# 44859 23 Waverly Drive Hummelstown, PA 17033 (717) 903-1268 CERTIFICATE OF SERVICE I, Steven A. Stine, Esquire Solicitor for the Township of Silver Spring, do hereby certify that on August 19, 2008, I served the foregoing Memorandum of Filing Notice, by first class mail, postage pre-paid, upon the following individual: Clarence E. Miller, II 4 Texaco Road Mechanicsburg, PA 17050 St en .tae Esquire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 .. TI -13 y (M r - W l 1 y X5,5 •?.. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE :No.:08-4768 TOWNSHIP OF SILVER SPRING, A TOWNSHIP OF THE SECOND CLASS, OF LANDS AND ALL IMPROVEMENTS : EMINENT DOMAIN PROCEEDINGS THEREON FOR IMPROVEMENTS TO PUBLIC: IN REM STREETS SUTIATE IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA PROOF OF SERVICE I, Steven A. Stine, Esquire Solicitor for the Township of Silver Spring, do hereby certify that on the dates set forth on the attached copies of the return receipts I served the foregoing Notice to Condemnees, pursuant to Section 305 of the Eminent Domain Code, 26 Pa.C.S. §305 by Certified Mail, Return Receipt Requested upon the following individuals: Clarence E. Miller, II 4 Texaco Road Mechanicsburg, PA 17050 MERS, Inc. P.O. Box 2026 Flint MI 48501-2026 23 Waverly Drive Hummelstown, PA 17036 ¦ 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 you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: QCVU(9-? I A ,156 17? A ?ignat re / I . , ? r/ Add. g, by (P~ . Date of Delivery ' V,' IA".T -- D. Is delivery address d„ferentYrmnvitem 1? ? Yes it YES, enter delivery address below: 0 No 3. Service Type ' ,ertltled Mail 0 Express Mail 0 Registered O Retum Receipt for Merchandise 0 Insured Mail CJ C.O.D. 4. Restricted Deliver)? (Extra Fee) 0 Yes 2. Article Number (n 7007 2680 0002 6157 3974 arw r ftm swvke ) - ---- i PS Form 3811, February 2004 Domestic Return Receipt 102595- z-M-1540 ¦ 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 you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. A. Signature X 0 Agent ? Addre B. Received by (Printed Name) a ..1p91S ApM D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No (J? ?W 3. Service type 01- Mail 13 Express Mail 'b Registered 0 Return Receipt for MwdwW w 0 Insured mw ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artiole "`OW 7007 2680 0002 6157 3998 ?ftarrs?rfrom sarvr? PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 1. Article Addressed to: y ..? ??, =z-? ?? ? ? ? --?- i-c ?; ?... ,,,„., ?a_ :?' c..by