HomeMy WebLinkAbout08-7257=c~~~=4~Jc~d Pr~~~~ssir~~l~.[i~r~~5"t~Shi~~~r°4b~r~~ ~3a~c~ac7fi~ ~au~~c;city,Qt3-91~2~1~',-_(~~-C~i~~1; €~E ~~74 ~~~~~Iru~t~~ctl~r~
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
~% CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY, :
Condemnor CIVIL ACTION - LAW
v. No. 2008 - ~~ ~'l L -' ~ ~/'~~'7
T. Charles TRUSCOTT,
Condemnee
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
-:[:~ ~ s~ ~'r~~;,`~ss~r°C~;~.ii~n~s~~hip~~r°~;~ure~ ~~crr~i~ytt ~«E~i~;ray`•.~~-99-C121~i__[~;-C~-I~U~, i~t " 4 ~ ~~ ,'; :< ~,~~
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: ~ ~
Kenneth Morgan, Ch an
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
p ~~ '~}~a~stl"Je~>d Pr~~r~~ss.r~gSt;ii~r7t~iS~~ip~er~sburr~ E3ora~a~h ~~~lh~r~~ty,'.0~'-91-OL1~'=.__(~t-C7-Vit; E~~'t " r'~ ;tr~~l=,~~t E#vtt~rn
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 11, 2008
Ken eth Morgan, Chairman
Page 3 of 3
S:IShare\SharedDocs\Word PracessinglGl
W; Rt 174 (Walnut Bottom Rd)0$1120.doc
SHIPPEN
CUMBERLAND AND
Borough Authority,l0$-91-02141-Resolution for Condemnation-R-O-
BOROUGH AUTHORITY
KLIN COUNTIES, PENNSYLVANIA
N N0.08 - 08
AUTHORIZING THE FILING F A DECLARATION OF TAKING AND ALL
NECESSARY ACTION FORTH ACQUISITION OF AN EASEMENT FOR THE
CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR AIVD REPLACEMENT
OF A WATER TRANSMISSION MAIN IN SHIPPENSBURG BOROUGH AND
SHIPPENSBURG TOWNSHIP, CU BERLAND COUNTY, PENNSYLVANIA OVER
LANDS OF HAROLD SWIDLER, A AN SWIDLER AND BRADLEY SWIDLER AND
LANDS OF LEANN CORPORA ION AND JAYDIP, INC. AND LANDS OF T
CHA LES TRUSCOTT
WHEREAS, The Shippensburg Boro
(the Authority) pursuant to authoriza
1945, Act of May 12, 1945, P.L. 382,
water transmission main in Shippens
Cumberland County, Pennsylvania o
Bradley Swidler and lands of Leeanl
Charles Truscott; and
gh Authority, a Pennsylvania Municipal Authority,
~n contained in the Municipality Authorities Act of
tIs amended 53 P.S. §1 at §314 is relocating a
urg Borough and Shippensburg Township,
er lands of Harold Swidler, Alan Swidler and
Corporation and Jaydip, Inc and lands of T
WHEREAS, In order to carry out the ~roposed reconstruction and widening of State
Route 174 (Walnut Bottom Road), it i$ necessary, to relocate a water transmission main
from the intersection of State Route 114 (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 Shipp nsburg Township, Cumberland County,
Pennsylvania owned by of Harold Sw dler, Alan Swidler and Bradley Swidler and lands
of Leeann Corporation and Jaydip, In and lands of T Charles Truscott; and
WHEREAS, The Authority has been
properties to be acquired on the acq
WHEREAS, In accordance with Se
as amended, the Authority is autho
eminent domain proceedings;
NOW, THEREFORE, BE IT RESOL
accordance with authority conferred
le to agree with the owner or owners of the
n or the price or damages to be paid; and
314 of the Municipality Authorities Act of 1945,
to acquire title to the properties through
D, That Shippensburg Borough Authority, in
law, selects and appropriates for the purposes
Paae 1 of 2
Exhibit "A"
S:1SharelShared0ocs\Word ProcessinglClientslShipperrsburg Borough Authority,\0$-91-0214\-Resolution for Condemnation-R-O-
W; Rt 174 (Walnut Bottom Rd)081120.doc
of construction, installation, maintenance, repair and replacement of a water
transmission main property located iri Shippensburg Borough, Cumberland County,
Pennsylvania (See attached descriptiion);
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 pur~ose of redevelopment, in accordance with law.
RESOLVED, That the title to be acqupred shall be a permanent twenty (20') foot wide
easement, for the purpose of construction, installation, maintenance, repair and
replacement of a water transmission (nam and a ten (10') foot wide temporary
construction easement.
I
RESOLVED, That counsel for the Authority and its proper officers are hereby
authorized to file a declaration of takinIg and such other proceedings, including the entry
of such ,bond as may be necessary ort desirable, to carry out the purpose of this
resolution.
RESOLVED, That the institution of s ch proceedings, and any damages which may be
agreed upon or awarded to any party in interest, including the owner or owners of said
properties located within the area, sh II be paid out of the funds of the Authority.
Adopted this 9th day of December, 208.
~ .
i
Shippensburg Borough Authority.
., ~ia~%
C airman
Attest:
~~~~~~~
Secretary
Page2of2
i
i
i
WA'
JAYDIP,
SHIPPENSB
AL DESCRIPTION
:RLINE EASEMENT
NN CORPORATION
C. (COMMON ELEMENT)
TO
RG BOROUGH AUTHORITY
All that certain 20 foot wide strip of I nd 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, aid strips of land being more particularly bounded
and described as follows: ~
Beginning at a point on the southerni 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-wayl line of Walnut Bottom Road the two following
courses and distances: 1) North 74 egrees 19 minutes 26 seconds East a distance of
357.57 feet to a point; 2) along a cu a to the right, having a radius of 1,920.00 feet, an
arc distance of 263.40 feet, and a c ord bearing North 78 degrees 15 minutes 14
seconds East a chord distance of 26 .20 feet to a point on the eastern legal right-of-way
line of Orange Street; thence along he eastern legal right-of-way line of Orange Street
the two following courses and distan es: 1) South 37 degrees 57 minutes 43 seconds
East a distance of 17.37 feet to a po nt; 2) South 21 degrees 09 minutes 50 seconds
West a distance of 5.70 feet to a poi t; thence crossing the lands of the grantor the two
following courses and distances: 1) long a curve to the left, having a radius of 1,900.00
feet, an arc distance of 266.62 feet, nd a chord bearing South 78 degrees 20 minutes
38 seconds West a chord distance o 266.40 feet to a point; 2) South 74 degrees 19
minutes 26 seconds West a distant 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 ~3 degrees 31 minutesl9 seconds West a distance
of 22.62 feet to the point of beginning.
Area of Permanent Waterline Easert~ent - 12,389 Sq. Ft. (0.284 Acres)
Note: Additional 10 foot wide tempor
southern side of the above describe)
Waterline Easement Over Lands Of
Undivided Interest In The Common I
Condominium Regarding Jaydip, Inc
Authority", prepared by D.L. Reiber /
hereto and made a part of this descr
M:\2007\07067 CET Shippensburg SR 174
006.doc9/19/OS
ry construction easements exists along the
easement as shown on a "Plan Of Permanent
eeann Corporation And Over A Proportionate
ements Of The Recorded University Lodge
~o Be Acquired By The Shippensburg Borough
~sociates, Inc., Drawing No. 07067-1-006, attached
profile\Task 1 -Easement plat work\Descriptions\07067-1-
.I
x
i
i
I
I Basis of Bearing.~•
I PENN OOT P/on
~ SR 0174 -Sec 008
I
~~
I
~ r/OF~ SINE S R 0174 ~
~EGAI. RIG F pY ~ -~
~Gj4~EGA~ RIGNt' , ~ ~ c
:~~: ~`
' f0' Temporary
t pRi e . ,w ,; .;:.,
Q'nU Bptt W •;;<- yy ~ / Construction Easement ,p~
tom- /~ ' ' ~ '~`
~ /
/Common Element ~
~ o~ / Jayd/p, /nc. ~ ~ ~~
/DeedBook253, Page 1385
Derma nt Waterline /UniversityLodge Condom/nium ~ ~ ~Q'
EaS ent ~ R/WP/an Book 11, Page 49 ~
/ ~
/ / Le ann_Corporation
Horo/d Swidler, Alan Swidler / De Book /-23, Page 711
Bradley Swidler
Deed Book 1-35, Poge 781
LINE BEAR/NG D/STANCE
L 1 N 7479 26" E 357.57
L2 S 3757'43" E 17.37
L3 S .2109 50° W 5.70
L4 S 74'19'26" W 347.01
~ L.7 I I y 'F.!/i is rr ~ i
CURVE RAD/US ARC LENGTH ' CHORD LENGTH CHORD BEAR/NG
"
'
C 1 1920.00' 263.40' 263.20' E
14
N 78' 15
"
C2 1900.00' 266.62' 266.40' W
S 7820:38
Area OfEasement.• 12,389 Sq. Ft. (0.284AcresJ
This Plan has been prepared ibr easement acquls Non 0 100' 200'
on/yand shal/notbe construed as a piuperty//ne urvey. Properly
lines have been plotted from deed desrnpt/ons an roflectany
inaccuracies theroln.
D. L. REIBER ASSOCIATES P
W N OF PERMANENT
TERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS OVER LANDS OF
Leeann Corporation
AND OVER 'PROPORTIONATE UNDNIDED INTEREST
IN THE C MMON ELEMENTS' OF THE RECORDED
"UNNERS LODGE CONDOMINIUM" REGARDING
]aydip, Inc.
TO BE ACQUIRED BY THE
SHIPPEN BURG BOROUGH AUTHORITY
SHIPPENSBURG BOROU PENNSYLVANIA
CUMBERLAND COUNTY
1106 COCOA AVENUE, HERSHEY, PA 17033 SCALE: D WN BY: CHECKED BY: DATE: DRAWING NO.
(717) 533-9077 FA% (717)539-2102
SURVEYING • MAPPING' GPS TECHNOLOGIES 1" ~ SOD' .E.K. 8-16-OB 07067-1-006
~:.JtE51~0
~.
°L-Lt~'og
WA'
HAROLD SWIDLER,
SHIPPENSE
AL DESCRIPTION
;RLINE EASEMENT
AN SWIDLER & BRADLEY SWIDLER
TO
RG BOROUGH AUTHORITY
All that certain 20 foot wide strip of I nd 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, laid strips of land being more particularly bounded
and described as follows: ~
Beginning at a point on the southern
point being on line of lands of Leean
Corporation, South 47 degrees 06 rr
point; thence crossing the lands of tl
1) South 74 degrees 19 minutes 26
2) North 15 degrees 40 minutes 34
South 74 degrees 19 minutes 26 sei
point being on line of lands of KennE
Kenneth and Doris Bender, North 1 E
20.00 feet to a point on the southerr
thence along the southern legal righ
following courses and distances: 1)
chord distance of 227.76 feet to the
East a distance of 5.00 feet to the p~
East a distance of 155.30 feet the p~
legal right-of-way line of Walnut Bottom Road, said
~ Corporation; thence along lands of Leeann
inutes 34 seconds East a distance of 23.44 feet to a
~e grantor the three following courses and distances:
seconds West a distance of 187.52 feet to a point;
econds West a distance of 5.00 feet to a point; 3)
:onds West a distance of 207.60 to a point, said
th and Doris Bender; thence along lands of
degrees 05 minutes 38 seconds West a distance of
legal right-of-way line of Walnut Bottom Road;
=of-way line of Walnut Bottom Road the three
North 74 degrees 19 minutes 26 seconds East a
point; 2) South 15 degrees 40 minutes 34 seconds
pint; 3) North 74 degrees 19 minutes 26 seconds
~int of beginning.
Area of Permanent Waterline
Note: Additional 10 foot wide tempor
southern side of the above describes
Waterline Easement Over Lands Of
To Be Acquired By The Shippensbui
Associates, Inc., Drawing No. 07067
description.
M:\2007\07067 CET Shippensburg SR 174
004.doc9/19/08
ent -.7,882 Sq. Ft. (0.181 Acres)
pry construction easements exists along the
easement as shown on a "Plan Of Permanent
larold Swidler, Alan Swidler and Bradley Swidler
g Borough Authority°, prepared by D.L. Reiber
•1-004, attached hereto and made a part of this
profile\Task 1 -Easement plat work\Descriptions\07067-1-
Basis of Bearings:
PENN DOT Plan
s,¢ or~4 -sec ooB
LINE BEAR/NG D/STAN E
L 1 N 74'19 2S" E 227.
L2 S 15'4034" E 5.
L3 N 74'19 26" E 155.
L 4 S 47'06 34 " E 23. ,
L5 S 74'19'26" W 187.
L6 N 154034" W 5.
L7 S 7419 26" W 207.
L8 N 160538" W 20.0 0'
This P/an has been pieparod lb~ easement ac~q
onlyand sha//not be consbved as a property
lines have been p/otled hnm deed descriptions
inaccuracies therein.
D. L. REIBER ASSOCIATES
PROFESSIONAL LAND SURVEYORS
coCOO~l~N
0
ooh/?~ o^
0
A ~•
09 °il
m
~j
Area OfEasement.• 7,882 Sq. Ft. (0.181 Acr:3sJ
0 80' 160'
Property ~
tarry
P N OF PERMANENT
W TERLINE EASEMENT
OVER LANDS OF
ar Id Swidler Alan Swidler
and Bradley Swidler
TO BE ACQUIRED BY THE
SHIPPEN~BURG BOROUGH AUTHORITY
SHIPPENSBURG BOROUGH
~UMBERLANDICOUNTY PENNSYLVANIA
/~~+P:i Jk ES51 Al :~
4,~ ` •.LARD
URV~YDi
~y. `uWo. 29260{
1106 COCOA AVENUE, HERSHEY, PA 17033 SCALE: D WN BY: CHECKED BY: DATE: VlING NO. I "~'~ I
(717) 533-9077 FAX (717) 534-2102 `i r 4~_O
SURVEYING' MAPPING * GPS TECHNOlOG1E5 1' 80' ) E K 8-16-08 07067-1-004
LE AL DESCRIPTION
WA ERLINE EASEMENT
T. CHARLES TRU COTT - 606 EAST KING STREET
TO
SHIPPENSB RG BOROUGH AUTHORITY
All that certain strips of land to be u ed 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 o ,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 ani d Stacy Hutchison; thence along lands of Timothy
and Stacy Hutchison, South 44 deg ees 34 minutes 16 seconds East a distance of 20.73
feet to a point; thence crossing the I nds of the grantor the two following courses and
distances: 1) along a curve to the I ft, having a radius of 675.64 feet, an arc distance of
66.20 feet, and a chord bearing So th 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 t e southern legal right-of-way line of East King Street;
thence along the southern legal rig t-of-way line of East King Street the three following
courses and distances: 1 )along a urve to the right, having a radius of 678.70 feet, an
arc distance of 53.87 feet, and a ch rd bearing North 57 degrees 33 minutes 25 seconds
East a chord distance of 53.86 feet o a point; 2) .North 30 degrees 10 minutes 09
seconds West a distance of 12.64 f et to a point; 3) along a curve to the right, having a
radius of 695.64 feet, an arc distan a of 8.16 feet, and a chord bearing North 60 degrees
04 minutes 29 seconds East a chor distance of 8.16 feet to the point of beginning.
Area of Permanent Waterline Easer~tent - 610 Sq. Ft. (0.014 Acres)
Note: Additional 10 foot wide tempq
southern and.western sides of the a
Permanent Waterline Easement Ov!
King Street To Be Acquired By The
Reiber Associates, Inc., Drawing Nc
this description.
M:\2007\07067 CET Shippensburg SR 174
005.doc10/22/OS
nary construction easements exists along the
Bove described easement as shown on a "Plan Of
~r Lands Of T. Charles Truscott Known As 606 East
Shippensburg Borough Authority", prepared by D.L.
~. 07067-1-005, attached hereto and made a part of
profile\Task 1 -Easement plat work\Descripifons\07067-1-
~~
EAST K/NG .
aos;s of,9eo~mys: S.R. 0011
PENN OOf'Plon
SR 0174 -Sec OOB
Lego/ k
Permanent Waterline
Easement
f0' Tempoia
T. Charles
Deed Book 145,
LINE BEAR/NG DISTANC
L1 S 4434'16" E 20.73
L2 N 3746'17" W 7.44
L3 N 3070 09" W 12.64
Kenneth E. & Doris J.' Bender
Deed Book T-36 Poge 11
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEAR/NG
C 1 695.64' 8.16' 8. > 6' N 60'04 29 " E
C2 67.E 64' 66.20' 66. 17' S 58'0329" W
C3 678.70' 53.87' 53.86' N 5T3325" E
An9a OfEasement.• 6fO Sq. Ft (O.Ot4AcresJ
This P/an has 68en pmpared far easement~c~qui Non 0 60' 120'
on/y and sha//not be construed as a propeify/fne uiveyy. Property
lines have been plotted from deed descnpt/ons a d retlectany
inaccuracies them/n.
D. L. REIBER ASSOCIATES P N OF PERMANENT •~~~~~ `:.,_`
PROFESSIONAL LAND SURVEYORS W TERO R ~ s DEMENT ~,~, n 6 ~*~M`o ,\i~,~..,
T. Charles Truscott i.2JFE! v A- . ^`~
KNOWN AS `'
6 6 EAST KING STREET 1. EDWARD 1'l4
TO BE ACQUIRED BY THE Lego
wrroa ~~'
SHIPPEN BURG BOROUGH AUTHORITY •39260'~r~'
SHIPPENSBURG TOWNSHIP
CUMBERLAN COUNTY PENNSYLVANIA
1106 COCOA AVENUE, HERSHEY, PA 17033 ~~: D WN BY: CHECKED BY: DATE: DRAWING NO.
(717) 533-9077 FAX (717) 5342102
SURVEYING* MAPPING * GPS TECHNOLOGIES 1' ~ 60' ].E.K. 8-16-OB 07067-1-005
~ ~\
~i\ S
o ~
°Qd
New WaterLlne
Timothy S. & Stocy G.
:Ott Hutchison
152 Deed Book 137, Poge 190
~`
LE AL DESCRIPTION
WA RLINE EASEMENT
T. CHARLES TRU COTT - 606 EAS'~ KING STREET
TO
SHIPPENSB RG BOROUGH AUTHORITY
v
All that certain strips of land to be u ed 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 o land being more particularly bounded and described
as follows:
Beginning at a point on the southernh legal right-of-way line of East King Street, said point
being on line.of lands of Timothy anid Stacy Hutchison; thence along lands of Timothy
and Stacy Hutchison, South 44 deg ees 34 minutes 16 seconds East a distance of 20.73
feet to a point; thence crossing the I nds of the grantor the two following courses and
distances: 1) along a curve to the I ft, having a radius of 675.64 feet, an arc distance of
66.20 feet, and a chord bearing So th 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 t e southern legal right-of-way line of East King Street;
thence along the southern legal rig t-of-way line of East King Street the three following
courses and distances: 1 )along a urve to the right, having a radius of 678.70 feet, an
arc distance of 53.87 feet,:;and a ch rd bearing North 57 degrees 33 minutes 25 seconds
East a chord distance of 53.86 feet o a point; 2) .North 30 degrees 10 minutes 09
seconds West a distance of 12.64 f et to a point; 3) along a curve to the right, having a
radius of 695.64 feet, an arc distan a of 8.16 feet, and a chord bearing North 60 degrees
04 minutes 29 seconds East a clior distance of 8.16 feet to the point of beginning.
Area of Permanent Waterline Easer~ient - 610 Sq. Ft. (0.014 Acres)
Note: Additional 10 foot wide tempt
southern and. western sides of the
Permanent Waterline Easement O~
King Street To Be Acquired By The
Reiber Associates, Inc., Drawing N~
this description.
M:\2007\07067 CET Shippensburg SR 174
005.doC10/22/08
Iry construction easements exists along the
eve described easement as shown on a "Plan Of
Lands Of T. Charles Truscott Known As 606 East
hippensburg Borough Authority", prepared by D.L.
07067-1-005, attached hereto and made a part of
profile\Task 1 -Easement plat work\Descrlpilons107067-1-
Exhibit "B"
SEr j 3,~:~,1 . ~.t'n?ri r Y 3:..i' ~ (.F _fz-C7 is ~ `-(, a ,..: Fr l ' ~ 1-ck,c
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
No. 2008 -
T. Charles TRUSCOTT,
Condemnee
BOND
KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having
been filed the 11th day of December, 2008, by the Shippensburg Borough
Authority, ("Obligor"), a Pennsylvania Municipal Authority 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 the Borough of Shippensburg and Shippensburg
Township, Cumberland County, Pennsylvania, described as follows:
Permanent Easement 20' in width, as described in the lesial
description and shown on elan attached hereto: and a 10'
wide temporary construction easement as described in the
legal description 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
~. ..onL ``~+'€ ~_ „,~~~<~~i S. ~~ i,_n (.( ... ~.f>. ~r~ , ^.9 ..a ; !: ,..,. ~~j 9 ~it~L ,l.n.
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 11t" day of December,
2008.
Attest : Shippensburg Borough Authority
Chairman
Page 2 of 2
n`
LE AL DESCRIPTION
WA RLINE EASEMENT
T. CHARLES TRU COTT - 606 EAST KING STREET
TO
SHIPPENSB RG BOROUGH AUTHORITY
All that certain strips of land to be u ed 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 o land being more particularly bounded and described
as follows:
Beginning at a point on the southern h legal right-of-way line of East King Street, said point
being on line.of lands of Timothy anl d Stacy Hutchison; thence along lands of Timothy
and Stacy Hutchison, South 44 deg ees 34 minutes 16 seconds East a distance of 20.73
feet to a point; thence crossing the I nds of the grantor the two following courses and
distances: 1) along a curve to the I ft, having a radius of 675.64 feet, an arc distance of
66.20 feet, and a chord bearing So th 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 t e southern legal right-of-way line of East King Street;
thence along the southern legal rig t-of-way line of East King Street the three following
courses and distances: 1 )along a urve to the right, having a radius of 678.70 feet, an
arc distance of 53.87 feet,~and a ch rd bearing North 57 degrees 33 minutes 25 seconds
East a chord distance of 53.86 feet o a point; 2) .North 30 degrees 10 minutes 09
seconds West a distance of 12.64 f et to a point; 3) along a curve to the right, having a
radius of 695.64 feet, an arc distan a of 8.16 feet, and a chord bearing North 60 degrees
04 minutes 29 seconds East a chor distance of 8.16 feet to the point of beginning.
Area of Permanent Waterline
Note: Additional 10 foot wide tempt
southern and, western sides of the
Permanent Waterline Easement Ou
King Street To Be Acquired By The
Reiber Associates, Inc., Drawing N~
this description.
M:\2007\07067 CET Shippensburg SR 174
005.doc10/22/08
ent - 610 Sq. Ft. (0.014 Acres)
pry construction easements exists along the
eve described easement as shown on a "Plan Of
Lands Of T. Charles Truscott Known As 606 East
hippensburg Borough Authority", prepared by D.L.
07067-1-005, attached hereto and made a part of
profile\Task 1 -Easement plat work\Descriptions\07067-1-
i
EAST K/NG STRE
~~ eoss o><eeor;n9s: S.R. 0011
PENN DOF Plon
SR 0174 -Sec 008
Lego/ RlW Line
Permanent Waterline
Easement
f0' Temporal
T. Charles Tfv~cot~
Deed Book 145, Pag 152
~ ~~~~
~ S
\ ~~Orri ,~, .
°~d
New WaterLlne
timothy S & Stacy G
Hutchison
Deed Book 137, Poge 190
Kenneth E. & Doris /. Bender
Deed Book T-36 Poge 11
L/NE BEAR/NG D/STANCE
L 1 S 44 34'16" E 20.73
L2 N 3746'17" W 7.44
L3 N 3070 09" W 12.64
CURVE RAD/US ARC LENGTH CHORD LENGTH CHORD BEARING
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' S3.8T 53.86' N 573325" E
An9aOfEasement'6fOSq. Ff. (O.Ot4AcresJ
This P/an has been prepared for easement aoqu! don 0 60' 120'
on/y and she//notbe aonsdved as a properfy/fne un~vyy. Property
lines haws been plotted from deed descrtptlons a rettectany
inaccurac%s therein.
D. L. REIBER ASSOCIATES P N OF PERMANENT ,
W TERLINE EASEMENT ~~'~~~~ ~ • ~~
PROFESSIONAL LAND SURVEYARS .~.
OVER LANDS OF ~ "^~~"*^"'~~`~ ~`
T. Charles Truscott O.:JFE! ~ A- • *`~``'
KNOWN A3 °~
6 6 EAST KING STREET 1. EDWARD YLO •~
TO BE ACQUIRED BY THE LAND
IIVFYOx ~
SHIPPEN BURG BOROUGH AUTHORITY .2szso-e.~a,`
SHIPPENSBURG TOWNSHIP
CUMBERLAN COUNTY PENNSYLVANIA
1106 COCOA AVENUE, HERSHEY, PA 17033
(717) 533-9077 FAX (717) 5342102 SCALE' D WN BY: CHECKED BY: DATE: DRAWING NO.
SU0.VEYING * MAPPING + GPS TECHNOLOGIES 1" ~ 60' ].E,K. 8-16-OB 07067-1-005
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,s 1:aharelShars~dDcGSIVVord ProressinalGlientslShi~pensburg Borough Authority,i0?-9i-02141-P~ierno of Filii~G Ncriice -
Truscctt-f2-O-lN; RI 174 (Walnut 8attom Rdj081211 cta~
IN THE COURT OF COMMON PLEAS
OF THE 9T" JUDICIAL DISTRICT
CUMBERLAND COUNTY -PENNSYLVANIA
SHIPPENSBURG BOROUGH
AUTHORITY,
Condemnor CIVIL ACTION - LAW
v.
No. 2008 - ZaS~
T. Charles TRUSCOTT,
Condemnee
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. zoc~~ ~'-4t~~
Date: December 11, 2008 ~~
Fo 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 fnmversCa~embaramail.com
Page 1 of 1
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