HomeMy WebLinkAbout08-7228"" ~ _ ~ `c:`I{>rcf ~'rc~~~,~~ss~~~y'~°li~nis?Sh~~;~~~rs~urg ~,~aro~~~E~ ~~~i~3cr~t°Y°.~0~-91-C121~~_C~~ufar~a9 ~ ~ ~ ,~ ~;~~~i~ii~r~-~~-G-~k~~.
IN THE COURT OF COMMON PLEAS
/. OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
No. 2008 - _1~~ ~/~/I ~ ~r~
Harold SWIDLER, Alan SWIDLER,
and Bradley SWIDLER
Condemnees
DECLARATION OF TAKING
The Shippensburg Borough Authority hereby declares:
1. 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.
2. 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. 08 - 08 ,adopted July
11, 2006, 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.
3. The purpose of the condemnation is to allow the construction, operation,
maintenance, repair and replacement of a 12 inch water transmission main to
upgrade water service to the patrons of the system, and to relocate the
existing water transmission main off the right of way of the Commonwealth of
Pennsylvania on Pennsylvania State Route 174.
4. 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
5. The nature of the title acquired in and to the property is a permanent
easement 20 feet in width and a temporary construction easement 10 feet in
width.
6. A plan showing the condemned property may be inspected at the office
address of the Condemnor.
7. 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
By:
enneth Morga hairman
~'~---~~j--
Forest N. Myers, Esquire
Atty I.D.# 18064
137 Park Place West
Shippensburg, PA 17257
Phone 717. 532.9046
Fax 717.532.8879
e-mail fnmyers .embargmail.com
Page 2 of 3
I verify that the statements made in this Declaration of Taking are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to
authorities.
Date: December 9, 2008 ~~
nne organ, air an
Page 3 of 3
5:1SharelSl~aredDocslWord ProcessinglClientslShippensburg Borough Authority,l0$-91-02141-Resolution for Condemnation-R-O-
W; Rt 174 (Walnut Bottom Rd)081120.doc
SHIPPENSBURG BOROUGH AUTHORITY
CUMBERLAND AND FRANKLIN COUNTIES, PENNSYLVANIA
RESOLUTION N0.08 - 08
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 SHIPPENSBURG BOROUGH AND
SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA OVER
LANDS OF HAROLD SWIDLER, ALAN SWIDLER AND BRADLEY SWIDLER AND
LANDS OF LEANN CORPORATION AND JAYDIP, INC. AND LANDS OF T
CHARLES TRUSCOTT
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 relocating a
water transmission main in Shippensburg Borough and Shippensburg Township,
Cumberland County, Pennsylvania over lands of Harold Swidler, Alan Swidler and
Bradley Swidler and lands of Leeann Corporation and Jaydip, Inc and lands of T
Charles Truscott; and
WHEREAS, In order to carry out the proposed reconstruction and widening of State
Route 174 (Walnut Bottom Road), it is necessary, to relocate a water transmission main
from the intersection of State Route 174 (Walnut Bottom Road) and East Orange Street
to the intersection of State Route 174 (Walnut Bottom Road) and U.S. Route 11 (East
King Street) and it is necessary to acquire easements over said property located in the
Borough of Shippensburg and Shippensburg Township, Cumberland County,
Pennsylvania owned by of Harold Swidler, Alan Swidler and Bradley Swidler and lands
of Leeann Corporation and Jaydip, Inc and lands of T Charles Truscott; and
WHEREAS, The Authority has been unable to agree with the owner or owners of the
properties to be acquired on the acquisition or 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 law, selects and appropriates for the purposes
Page 1 of 2
Exhibit "A"
S:15harelSharedDocslWord ProcessingtClientslShippensburg Borough Authority,108-91-021 d1-Resalu#ion for Condemnation-R-{7-
W; Rt 174 (Walnut Bottom Rd)081120.doc
of construction, installation, maintenance, repair and rdplacement of a water
transmission main property located in Shippensburg Borough, Cumberland County,
Pennsylvania (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 law.
RESOLVED, That the title to be acquired shall be a permanent twenty (20') foot wide
easement, for the purpose of construction, installation, maintenance, repair and
replacement of a water transmission main and a ten (10') foot wide temporary
construction easement.
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.
- - - f2€SOL--V€D,-That ttte institu#ion of such proceedings-,-and at~y damages which maybe
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 9th day of December, 2008.
Shippensburg Borough Authority.
-, _
C, airman
Attest:
~l~s~~
Secretary
Page 2 of 2
Basis of Beoring~•
PENN OOT P/an
SR 0174 -Sec 008
Nr OFD SINE S R O1
RI
LEG/1L qY ~.-Gl~
C~-,. IGNr F~ '"
o EGAD R /
Qood _mr Lhe
'~ , ConshucllonEasement ((V
".. ~ ~ / V
s ,
Water/in
Haro/d Swid/er, A/on Swid/er
Brod/ey Swid/er
Deed Book /-35, Poge 78 j
~P /Common E/ement ~ (4
g /DeedBook253, Page 1385
iUniveis/lyLodge Condom/nium ~ ~Q'
, ~ RM~P/an Book 11, Page 49 ~ Q
~ Leeann.Corporafion
Deed Book /-23, Page 71 f
L/NE BEAR/NG D/STANCE
L 1 N 7419 26" E 357.57'
L2 S 3757'43" E 1'7.37'
L3 5.210950" W 5.70'
L4 S 741926" W 347.01'
L5 N 4337'19" W 22.62'
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEAR/NG
C1 1920.00' 263.40' 263.20' N 78'15'l4" E
C2 1900.00' 266.62' 266.40' S 782038" W
Area OfEasemenf.• 12,389 Sq. Ff. (0.284AcrosJ
This P/an has been prepamd for easement ac~IulsiNon 0 100' 200'
on/yand sha//not be aonsfrued as a pmperty~ne surveyy. Properly
/roes have been p/offed hnm deed desdipNons and mAect any
inaccuracies !hale/n.
D. L. REIBER ASSOCIATES PLAN OF PERMANENT
PROFESSIONAL LANDSURVevoRS WATERLINE EASEMENT
OVER LANDS OF
Leeann Corporation
AND OVER A'PROPORTIONATE UNDMDED INTEREST
IN THE COMMON ELEMENTS' OF THE RECORDED
"VNNERSITY LODGE CONDOMINIUM' REGARDING
Jaydip, Inc.
TO BE ACQUIRED BY THE
SHIPPENSBURG BOROUGH AUTHORITY
1106 COCOA AVENUE, HERSHEY. PA 17033 SCALE
(717) 533-9077 FAX (717) 534-2102
SURVEYING + MAPPING * GPS TECHNOLOGIES 1"
BOROUGH
PENNSYLVANIA
n.;irkiSl
~.
nn~r,ma r/v.
8-16-00 07067-1-006 ° ~ l ~' ~ ~+
LEGAL DESCRIPTION
WATERLINE EASEMENT
LEEANN CORPORATION
JAYDIP, INC. (COMMON ELEMENT)
TO
SHIPPENSBURG BOROUGH AUTHORITY
All that certain 20 foot wide strip of land to be used as a waterline easement, being
situated on the south side of Walnut Bottom Road, S.R. 0174 in Shippensburg Borough,
Cumberland County, Pennsylvania, said strips of land being more particularly bounded
and described as follows:
Beginning at a point on the southern legal right-of-way line of Walnut Bottom Road, said
point being on line of lands of Harold Swidler, Alan Swidler and Bradley Swidler; thence
along the southern legal right-of-way line of Walnut Bottom Road the two following
courses and distances: 1) North 74 degrees 19 minutes 26 seconds East a distance of
357.57 feet to a point; 2) along a curve to the right, having a radius of 1,920.00 feet, an
arc distance of 263.40 feet, and a chord bearing North 78 degrees 15 minutes 14
seconds East a chord distance of 263.20 feet to a point on the eastern legal right-of-way
line of Orange Street; thence along the eastern legal right-of-way line of Orange Street
the two following courses and distances: 1) South 37 degrees 57 minutes 43 seconds
East a distance of 17.37 feet to a point; 2) South 21 degrees 09 minutes 50 seconds
West a distance of 5.70 feet to a point; thence crossing the lands of the grantor the two
following courses and distances: 1) along a curve to the left, having a radius of 1,900.00
feet, an arc distance of 266.62 feet, and a chord bearing South 78 degrees 20 minutes
38 seconds West a chord distance of 266.40 feet to a point; 2) South 74 degrees 19
minutes 26 seconds West a distance of 347.01 feet to a point on line of lands of Harold
Swidler, Alan Swidler and Bradley Swidler ; thence along lands of Harold Swidler, Alan
Swidler and Bradley Swidler, North 43 degrees 31 minutesl9 seconds West a distance
of 22.62 feet to the point of beginning.
Area of Permanent Waterline Easement - 12,389 Sq. Ft. (0.284 Acres)
Note: Additional 10 foot wide temporary construction easements exists along the
southern side of the above described easement as shown on a "Plan Of Permanent
Waterline Easement Over Lands Of Leeann Corporation And Over A Proportionate
Undivided Interest In The Common Elements Of The Recorded University Lodge
Condominium Regarding Jaydip, Inc.To Be Acquired By The Shippensburg Borough
Authority", prepared by D.L. Reiber Associates, Inc., Drawing No. 07067-1-006, attached
hereto and made a part of this description.
M:\2007\07067 CET Shippensburg SR 174 Stream profile\Task 1 -Easement plat work\Oescriptions\07067-1-
006.doc9/19/08
LEGAL DESCRIPTION
WATERLINE EASEMENT
HAROLD SWIDLER, ALAN SWIDLER & BRADLEY SWIDLER
TO
SHIPPENSBURG BOROUGH AUTHORITY
All that certain 20 foot wide strip of land to be used as a waterline easement, being
situated on the south side of Walnut Bottom Road, S.R. 0174 in Shippensburg Borough,
Cumberland County, Pennsylvania, said strips of land being more particularly bounded
and described as follows:
Beginning at a point on the southern legal right-of-way line of Walnut Bottom Road, said
point being on line of lands of Leeann Corporation; thence along lands of Leeann
Corporation, South 47 degrees 06 minutes 34 seconds East a distance of 23.44 feet to a
point; thence crossing the lands of the grantor the three following courses and distances:
1) South 74 degrees 19 minutes 26 seconds West a distance of 187.52 feet to a point;
2) North 15 degrees 40 minutes 34 seconds West a distance of 5.00 feet to a point; 3)
South 74 degrees 19 minutes 26 seconds West a distance of 207.60 to a point; said
point being on line of lands of Kenneth and Doris Bender; thence along lands of
Kenneth and Doris Bender, North 16 degrees 05 minutes 38 seconds West a distance of
20.00 feet to a point on the southern legal right-of-way line of Walnut Bottom Road;
thence along the southern legal right-of-way line of Walnut Bottom Road the three
following courses and distances: 1) North 74 degrees 19 minutes 26 seconds East a
chord distance of 227.76 feet to the point; 2) South 15 degrees 40 minutes 34 seconds
East a distance of 5.00 feet to the point; 3) North 74 degrees 19 minutes 26 seconds
East a distance of 155.30 feet the point of beginning.
Area of Permanent Waterline Easement -_7,882 Sq. Ft. (0.181 Acres)
Note: Additional 10 foot wide temporary construction easements exists along the
southern side of the above described easement as shown on a "Plan Of Permanent
Waterline Easement Over Lands Of Harold Swidler, Alan Swidler and Bradley Swidler
To Be Acquired By The Shippensburg Borough Authority", prepared by D.L. Reiber
Associates, Inc., Drawing No. 07067-1-004, attached hereto and made a part of this
description.
M:\2007\07067 CET Shippensburg SR 174 Stream profile\Task 1 -Easement plat work\Descriptions\07067-1-
004.doc9/19/08
i
Oosis ofBeorings• i717Q,
PENN DOT P/on
sR or74 -sec Doe GIB $•R• Le al R W Line
Bottom ~~~~
yyulnUt oo
~ ~o
~~ .O
p ~ c0~+ o
~ " New Water Line -~ o
j o9~ ~
~:,_~~ ~ ~
~ Permanent Water/ine '~
~ Easement
1 STY. BLOCK BLDG
f0' Temporary Constriction
Easement
Haro/d Swid/e~ A/an Swid/er
Brad/ey Swid/er
Deed Book /-35, Page 781
`~ ,
0
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v, "~
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L/NE BEAR/NG D/STANCE
L 1 N 74'19'26 ° E 227.76'
LZ S 154034" E 5.00'
L3 N 74'1926" E 155.30'
L4 S 470634" E 2,j 44'
LS S 747926" W 187.52'
L6 N 154034" W 5.00'
L7 S 74'1926" W 207.60'
L8 N 160538" W 20.00'
Aroa OfEasemenh. 7,882Sq. Ff. (0.181 Atr:~sJ
T/~is P/an has been pnspared rb~easement acquisitors 0 80' 160'
oMyand sha//nof be constued as a pinpertytfne survry. Properly f~
/roes have been p/otfed from deed descriptions and reflect any
inaccuracies (herein.
D. L. REIBER ASSOCIATES PLAN OF PERMANENT
PROFESSIONAL LAND SURVEYORS WATERLINE EASEMENT ~? : ~~~~
OVER LANDS OF ~h0 F~(.~r ~ ( ,
~{ ~ F~. nt Oltil NtO
4
`~~
Harold Swidler Alan Swidler
l t~
-
•
.,~,,lessl
ri'
and Brad
ey Swidler 1 .~
~
~,yL,
L; J. ~D;RI1dRU YL R
TO BE ACQUIRED BY THE ~:,
~ IRN
`~~
106 COCOA AVENUE
HERSHEY
PA 17033 SHIPPENSBURG BOROUGH AUTHORITY
SHIPPENSBURG BOROUGH
CUMBERLAND COUNTY PENNSYLVANIA D
~
URVl y;,I
,; ND_29260-E
wr=: ~.~
~ y
,
,
(717) 533-9077 FAX (717) 534-2102
SURVEYING • MAPPING • GPS TECHNOLOGIES SCALE:
1• ~ 80' DRAWN BY:
J.E.K. CHECKED BY: DATE:
8-16-OB DRAWOVf3 NO.
07067-1-004
~+ p - ~ ~ _oa
l O
LEGAL DESCRIPTION
WATERLINE EASEMENT
T. CHARLES TRUSCOTT - 606 EAST KING STREET
TO
SHIPPENSBURG BOROUGH AUTHORITY
All that certain strips of land to be used as a waterline easement, being situated on the
south side of East King Street, S.R. 011, in Shippensburg Township, Cumberland
County, Pennsylvania, said strips of land being more particularly bounded and described
as follows:
Beginning at a point on the southern legal right-of-way line of East King Street, said point
being on line of lands of Timothy and Stacy Hutchison; thence along bands of Timothy
and Stacy Hutchison, South 44 degrees 34 minutes 16 seconds East a distance of 20.73
feet to a point; thence crossing the lands of the grantor the two following courses and
distances: 1) along a curve to the left, having a radius of 675.64 feet, an arc distance of
66.20 feet, and a chord bearing South 58 degrees 03 minutes 29 seconds West a chord
distance of 66.17 feet to a point; 2) North 37 degrees 46 minutes 17 seconds West a
distance of 7.44 feet to a point on the southern legal right-of-way line of East King Street;
thence along the southern legal right-of-way line of East King Street the three following
courses and distances: 1 )along a curve to the right, having a radius of 678.70 feet, an
arc distance of 53.87 feet, and a chord bearing North 57 degrees 33 minutes 25 seconds
East a chord distance of 53.86 feet to a point; 2) .North 30 degrees 10 minutes 09
seconds West a distance of 12.64 feet to a point; 3) along a curve to the right, having a
radius of 695.64 feet, an arc distance of 8.16 feet, and a chord bearing North 60 degrees
04 minutes 29 seconds East a chord distance of 8.16 feet to the point of beginning.
Area of Permanent Waterline Easement - 610 Sq. Ft. (0.014 Acres)
Note: Additional 10 foot wide temporary construction easements exists along the
southern and. western sides of the above described easement as shown on a "Plan Of
Permanent Waterline Easement Over Lands Of T. Charles Truscott Known As 606 East
King Street To Be Acquired By The Shippensburg Borough Authority", prepared by D.L.
Reiber Associates, Inc., Drawing No. 07067-1-005, attached hereto and made a part of
this description.
M:\2007\07067 CET Shippensburg SR 174 Stream profile\Task 1 -Easement plat work\Descriptions\07067-1-
005.doc10/22/08
s
Basis of.eearingx
PENN DOT P/on
SR 0774 -Sec 008
EAST K/NG STREET
S.R. 0011
L ego/ R~ ~
Permanent Waterline
Easement
f0' Temporary ConstiucNon
Easement
T. Charles Truscott
Deed Book 145, Page f52
~~~
eOL`to~~¢ .
~O~d
New Water Line
77mothy S & Stocy G.
Hufchison
Deed Book 137, Page 190
Kenneth E. & Doris /. Bender
Deed Book T-36 Page 11
LINE BEARING DISTANCE
L 1 S 4434'16" E 20.73'
L2 N 3746'17" W 7.44'
L3 N 307009" W 1264'
CURVE RAD/US ARC LENGTH CHORD LENGTH CHORD BEAR/NG
C 1 695.64' 8.16' 8.16' N 60'04 29 " E
C2 675.64' 66.20' 66.17' S 58'0329" W
C3 678.70' 53.87' 53.86' N 57'3325" E
This P/an has been pmpart3d foreasementac~quisition
on/y and sha//not be cnnslnied as a pmpeifykne suivsyy. Property
lines have been plotted from deed descriptions and roflect any
inaccuracies fheroin.
A7(ga OfEasemenh. 610 Sq. Ft. (0.014AcresJ
0 60' 120'
D. L. REIBER ASSOCIATES PLAN OF PERMANENT
PROFESSIONAL LAND SURVEYORS WATERLINE EASEMENT
OVER LANDS OF
T. Charles Truscott
KNOWN A9
606 EAST KING STREET
TO BE ACQUIRED BY THE
SHIPPENSBURG BOROUGH AUTHORITY
1106 COCOA AVENUE, HERSHEY, PA 17033
(717)533-9077 FAX (717) 534-2102
SURVEYING • MAPPING + GPS TECHNOLOG',
SHIPPEN38URG TOWNSHIP
CUMBERLAND COUNTY PENNSYLVANIA
i' ~ 60'
8-16-OB I 07067-i-005
V.iOfEi
J.
LEGAL DESCRIPTION
WATERLINE EASEMENT
HAROLD SWIDLER, ALAN SWIDLER & BRADLEY SWIDLER
TO
SHIPPENSBURG BOROUGH AUTHORITY
All that certain 20 foot wide strip of land to be used as a waterline easement, being
situated on the south side of Walnut Bottom Road, S.R. 0174 in Shippensburg Borough,
Cumberland County, Pennsylvania, said strips of land being more particularly bounded
and described as follows:
Beginning at a point on the southern legal right-of-way line of Walnut Bottom Road, said
point being on line of lands of Leeann Corporation; thence along lands of Leeann
Corporation, South 47 degrees 06 minutes 34 seconds East a distance of 23.44 feet to a
point; thence crossing the lands of the grantor the three following courses and distances:
1) South 74 degrees 19 minutes 26 seconds West a distance of 187.52 feet to a point;
2) North 15 degrees 40 minutes 34 seconds West a distance of 5.00 feet to a point; 3)
South 74 degrees 19 minutes 26 seconds West a distance of 207.60 to a point, said
point being on line of lands of Kenneth and Doris Bender; thence along lands of
Kenneth and Doris Bender, North 16 degrees 05 minutes 38 seconds West a distance of
20.00 feet to a point on the southern legal right-of-way line of Walnut Bottom Road;
thence along the southern legal right-of-way line of Walnut Bottom Road the three
following courses and distances: 1) North 74 degrees 19 minutes 26 seconds East a
chord distance of 227.76 feet to the point; 2) South 15 degrees 40 minutes 34 seconds
East a distance of 5.00 feet to the point; 3) North 74 degrees 19 minutes 26 seconds
East a distance of 155.30 feet the point of beginning.
Area of Permanent Waterline Easement -,7,882 Sq. Ft. (0.181 Acres)
Note: Additional 10 foot wide temporary construction easements exists along the
southern side of the above described easement as shown on a "Plan Of Permanent
Waterline Easement Over Lands Of Harold Swidler, Alan Swidler and Bradley Swidler
To Be Acquired By The Shippensburg Borough Authority", prepared by D.L. Reiber
Associates, Inc., Drawing No: 07067-1-004, attached hereto and made a part of this
description.
M:\2007\07067 CET Shippensburg SR 174 Stream profile\Task 1 -Easement plat work\Descrlptions\07067-1-
004.doc9/19/08
Exhibit "B"
Bosis of Beoring,~•
PENN DOT P/on
SR 0174 - SeC OOB
$.fl• 01 ~4 W Line
11- Le ul R
Ro°d °~~ ~~
t 9°t'{0m ~o °'~
:.
o~ ~o
~`~~'~„
0
f0' Temporary Construction
Easement
~ ~-
~ ~-
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New Water Line o '~
9~
Permanent Waterline ~'~
Easement
1 STY.BLOCK BLOC
Haro/d Swid/e~ A/an Swid/er
Bradley Swid/er
Deed Book /-35, Page T8>
L/NE BEARING DISTANCE
L 1 N 7419 26" E 227.76'
L2 S 15 40',34 " E 5.00'
L,3 N 74'1926" E 155.30'
L4 S 4706:34" E 23.44'
LS S 741926" W 187.52'
L6 N 154034" W 5.00'
L 7 S 7419 26" W 207.60'
L8 N 1605:38" W 20.00'
Area QfEesemenh. 7,662 Sq. Ff. (O.1B>AdesJ
This P/an has been pnspared lbreasementac~quis/f/on 0 80' 160'
only and sha//nol be ronstrried as a property~ne surveyy. Properly
/mes have been p/oKed Jfoin deed despiplions and rvflectany
inaccurac%s therein.
D. L. REIBER ASSOCIATES PLAN OF PERMANENT
PROFESSIONAL LAND SURVEYORS WATERLINE EASEMENT ~~r:-
OVER LANDS OF `±,~~~E~1( ,
.O<~~".ou..~.o
Harold Swidler Alan Swidler c. ° ;'JFESii (
and Bradley Swidler t~~~ /!~,," •~
~~ 1. COWARD YL R
TO BE ACQUIRED BY THE ~~ ~' '° 't~e0
SHIPPENSBURG BOROUGH AUTHORITY
UMlYS~
SHIPPENSBURG BOROUGH ~;~;~~G
1106 COCOA AVENUE. HERSHEY• PA 17033 CUMBERLAND COUNTY PENNSYLVANIA V
(717) 533-9077 FA% (717) 534-2102 SCALE' DMWN BY: CHECKED BY: DATE: RAWiNG NO. ~ .q ~/
SURVEYING " MAPPING ~ GPS TECHNOLOGIES 1• ~ 60' 1.E.K. 0-16-00 0706)-1-004 ` r ~ ~ _~u
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
Harold SWIDLER, Alan SWIDLER,
and Bradley SWIDLER
Condemnees
BOND
No. 2008 -
KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having
been filed the 9th day of December, 2008, 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, Franklin County, Pennsylvania, described as follows:
Permanent Easement 20' in width, as described in the le~ial
description and shown on elan attached hereto: and a 10'
wide temaorary construction easement as described in the
lesial descriation and shown on plan attached hereto.
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 Obligor 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:
Exhibit "C"
Page 1 of 2
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.
SEALED with the corporate seal and duly executed this 9th day of December,
2008.
Attest
~~~
Shippensburg Borough Authority
BY•
Chairm
Page 2 of 2
LEGAL DESCRIPTION
WATERLINE EASEMENT
HAROLD SWIDLER, ALAN SWIDLER & BRADLEY SWIDLER
TO
SHIPPENSBURG BOROUGH AUTHORITY
All that certain 20 foot wide strip of land to be used as a waterline easement, being
situated on the south side of Walnut Bottom Road, S.R. 0174 in Shippensburg Borough,
Cumberland County, Pennsylvania, said strips of land being more particularly bounded
and described as follows:
Beginning at a point on the southern legal right-of-way line of Walnut Bottom Road, said
point being on line of lands of Leeann Corporation; thence along lands of Leeann
Corporation, South 47 degrees 06 minutes 34 seconds East a distance of 23.44 feet to a
point; thence crossing the lands of the grantor the three following courses and distances:
1) South 74 degrees 19 minutes 26 seconds West a distance of 187.52 feet to a point;
2) North 15 degrees 40 minutes 34 seconds West a distance of 5.00 feet to a point; 3)
South 74 degrees 19 minutes 26 seconds West a distance of 207.60 to a point, said
point being on line of lands of Kenneth and Doris Bender; thence along lands of
Kenneth and Doris Bender, North 16 degrees 05 minutes 38 seconds West a distance of
20.00 feet to a point on the southern legal right-of-way line of Walnut Bottom Road;
thence along the southern legal right-of-way line of Walnut Bottom Road the three
following courses and distances: 1) North 74 degrees 19 minutes 26 seconds East a
chord distance of 227.76 feet to the point; 2) South 15 degrees 40 minutes 34 seconds
East a distance of 5.00 feet to the point; 3) North 74 degrees 19 minutes 26 seconds
East a distance of 155.30 feet the point of beginning.
Area of Permanent Waterline Easement -.7,882 Sq. Ft. (0.181 Acres)
Note: Additional 10 foot wide temporary construction easements exists along the
southern side of the above described easement as shown on a "Plan Of Permanent
Waterline Easement Over Lands Of Harold Swidler, Alan Swidler and Bradley Swidler
To Be Acquired By The Shippensburg Borough Authority", prepared by D.L. Reiber
Associates, Inc., Drawing No: 07067-1-004, attached hereto and made a part of this
description.
M:\2007\07067 CET Shippensburg SR 174 Stream profile\Task 1 -Easement plat work\Descriptions\07067-1-
004.doc9/19/08
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1 STY. BLOCK BLDG
Haro/d Swid/et; A/an Swidler
Bradley Swidler
Deed Book /-35, Page 7B1
LINE BEARING DISTANCE
L1 N 74'1926" E 227.76'
L2 S 1540;34" E 5.00'
L3 N 747926" E 155.30'
L4 S 470634" E 23.44'
L 5 S 74'19 26 " W 187.52'
L6 N 154034" W 5.00'
L 7 S 74 79 26 " W 207.60'
L8 N 16 0538" W 20.00'
Area Of Easement.-7,882Sq. Ft. (0.>81Ac7esJ
This P/an has been prepared foreasementaar~uisifion 0 80' 160'
oMyand sha//not be construed as a property~ne surveyy. Property
lines have been p/ofted from deed descriptions and rt~ltect any
inaccuracies therein.
D. L. REIBER ASSOCIATES PLAN OF PERMANENT
PROFESSIONAL LAND SURVEYORS WATERLINE EASEMENT ;~ ~}
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OVER LANDS OF ',
Harold Swidler Alan Swidler ~• c~`;~1 `°~~
and Bradley Swidler ~~'~`~%~`~""L''~ _ _"` ~'~
' J• BDudARD YL R
TO BE ACQUIRED BY THE ~ \~ ~ uno
SHIPPENSBURG BOROUGH AUTHORITY I~R~ ~„ ~q. '
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SHIPPENSBURG BOROUGH ", ~V ~,_,_, ~,
1106 COCOA AVENUE, HERSHEY, PA 17033 CUMBERLAND COUNTY PENNSYLVANIA ~..~~:, ~ G
(717) 533-9077 FAX (717j 534-2102 SCALE: DRAWN BY: CHECKED BY: DATE: DRAWING NO. - ~ q + ~ ~ _ Oc/
SURVEYING * MAPPING ~ GPS TECHNOLOGIES 1' ~ BO' ].E.K. 8-16-OB 07067-1-004 t U
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
Harold SWIDLER, Alan SWIDLER,
and Bradley SWIDLER
Condemnees
No. 2008 -
NOTICE OF FILING OF DECLARATION OF TAKING
In accordance with Section 404 of the Eminent Domain Code, 26 Pa. Stat. Ann. §
1-404, Shippensburg Borough Authority, states:
A declaration of taking was filed on , 2008, at the above Court
term and number, by which the following properties were condemned in part to
allow the construction, operation, maintenance, repair and replacement of a 12
inch water transmission main to upgrade water service to the Borough patrons of
the system, and proposed developments which cannot be served by existing
water transmission mains:
Harold SWIDLER, Alan SWIDLER, and Bradley SWIDLER
A copy of the declaration of taking is attached as Exhibit "A".
Date:
Forest N Myers, Esquire
Attorney for Shippensburg Borough Authority
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmvers embaramail.com
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Swidlers-R-Q-W; Rf 174 (Waln~~t Bottom Rd)081120.doc
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
No. 2008 - Tiz~ ~~~ • ~ Te.«.
Harold SWIDLER, Alan SWIDLER,
and Bradley SWIDLER
Condemnees
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 Instrument No. 2~~393~6
Date: 12--10 - o~
Forest N Myers, Esquire
Attorney for 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(c~embargmail.com
Page 1 of 1
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