HomeMy WebLinkAbout11-79844
k
IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS
SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF NO. ,- 748 y 0i V t ITer M
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY THE ESTATE OF EMINENT DOMAIN - IN REM
ALMEDA WARD
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:
1. The Condemnor is the Silver Spring Township Authority (the "Authority") acting
through its Board.
2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, New
Kingstown, PA 17072-1001.
3. The Authority is authorized by the provisions of the Municipality Authorities Act,
53 Pa.C.S. §5615, as amended and the Eminent Domain Code, to acquire by lease, purchase or
condemnation, any land lying either within or without the territorial limits of Silver Spring
Township, which may be necessary and desirable for the purpose of establishing and maintaining
the sanitary sewer system. O
4ga.co PA AIW
0
C# 30!0(,0
0? 4&a3o
4. This Declaration of Taking is made an authorized by virtue of Resolution A-2011-
08, duly adopted by the Board of the Authority at a public meeting held on July 20, 2011 in the
Silver Spring 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
Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and
incorporated herein by reference.
5. The purpose of the within condemnation and this Declaration of Taking filed
incidental thereto is to acquire a permanent sanitary sewer easement for the purpose of
constructing and maintaining a sanitary sewer line extension and its appurtenances and
temporary construction easement for the purpose of constructing a sanitary sewer line and its
appurtenances, all as set forth on the plan attached hereto as Exhibit "B".
6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is
documentation which contains a plan of the lands situate in Silver Spring Township, Cumberland
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement
and a temporary construction easement as set forth on Exhibit `B". ". The temporary
construction easement shall terminate upon completion of the construction of the sanitary sewer
line extension on the property which is the subject of this condemnation.
8. A plan (Exhibit "B") identifying and specifying the locations of the properties
hereby condemned is attached hereto.
9. On the same day as this Declaration of Taking is being filed with the
Prothonotary, plans showing the property condemned are being lodged for record 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.
10. A plan showing the condemned property may be inspected at the address of the
Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse,
Front and Market Streets, Harrisburg, Pennsylvania.
11. The payment of just compensation in this matter is secured by an open-end bond
without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a).
Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as
Exhibit "C".
12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby
depose, swear and affirm that I am authorized by and hereby execute this Declaration of Taking
on behalf of Silver Spring Township Authority, 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.A. Section 4904, relating to unsworn falsification to
authorities.
WHEREFORE, the permanent sanitary sewer easement and temporary construction
easement are hereby condemned from the properties identified herein, as indicated on the plans
referenced in Paragraph 6 (Exhibit "B") above.
SILVER SPRING TOWNSHIP AUTHORITY
Dated: ?' l I By:
Q4a?m
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-08
WHEREAS, the Silver Spring Township Authority (the "Authority") is a
municipality authority, existing under the Municipality Authorities Act, as amended; and
WHEREAS, the sanitary sewer system of the Authority has or will be expanded
as a result of construction and development in and through Silver Spring Township; and
WHEREAS, it is necessary to acquire a permanent right of way, easement, and
temporary construction easement for purposes of constructing a new sanitary sewer main
line on the properties now owned by Almeda Ward, 516 Mulberry Drive, Mechanicsburg,
PA 17050; and
WHEREAS, in order to ensure proper sanitary sewer service, it has been deemed
to be in the public interest for the Authority to acquire, by purchase or eminent domain
proceedings, a permanent right of way, easement, and temporary construction easement
in such lands as the Authority deems necessary for continued effective sanitary sewer
service; and
WHEREAS, the Board of the Authority, upon the recommendation of its Manager
and the advice of its engineer and other advisors, has selected the right of way and
easement to be permanently acquired and the temporary construction easement to be
acquired all as more fully described on Exhibit "A" and Exhibit "B" hereto, as attached
and to be acquired for the purposes of constructing a new sanitary sewer main line.
NOW THEREFORE, the Authority hereby adopts the following resolution:
1. The Chairman, Secretary and other such officers as they may designate,
through the Solicitor of the Authority and with the assistance of such other
advisors as the Manager deems appropriate, shall contact the owner thereof
and negotiate the acquisition of the permanent right of way, easement, and
temporary construction easement described in Exhibit "A" and Exhibit "B" on
terms and conditions deemed advantageous to the Authority in light of the
public objectives of the Authority and the necessity to take title to this
permanent right of way, easement, and temporary construction easement 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, easement, and temporary construction
easement in order to complete the sanitary sewer construction project.
2. The proper officers of the Authority are hereby authorized and directed to do
all things necessary and desirable to implement the above action by the
Authority, including the fixing of the fair market value for the permanent right
of way, easement, and temporary construction easement 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 Authority cannot expeditiously agree on terms of the
acquisition of the permanent right of way, easement, and temporary
construction easement 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 Authority, are hereby authorized and directed to take the permanent right
of way, easement, and temporary construction easement by exercise of the
eminent domain power of the Authority for sanitary sewer purposes under the
Municipality Authorities Act, as amended and supplemented from time to
time and under the Eminent Domain Code, as amended and supplemented
from time to time.
4. Proper officers of the Authority 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 Authority that such remainder shall be and shall remain in full
force and effect.
DULY ADOPTED as Resolution A- 2011-08 this 20th day of July, 2011 by the
Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By:
ecretary
Chairman
rX? 6, 1- A
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
516 MULBERRY DRIVE
PIN 38-08-0565-005,
DEED BOOK 0014W-00314
ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania described:
COMMENCING at a point on the easterly right-of-way of Mulberry Drive at the
northwest property corner of Almeda Ward (516 Mulberry Drive). Thence South 58
degrees 10 minutes 53 seconds East, a distance of 386.77', to the POINT OF
BEGINNING. Thence North 25 degrees 36 minutes 39 seconds East, a distance of
358.98', to a point. Thence North 17 degrees 39 minutes 49 seconds East, a distance of
470.35', to a point. Thence North 01 degrees, 37 minutes 23 seconds West, a distance of
118.49', to a point. Thence North 71 degrees, 57 minutes, 49 seconds East, a distance of
10.42', to a point. Thence South 01 degrees, 37 minutes 23 seconds East, a distance of
123.13', to a point. Thence South 17 degrees, 39 minutes, 49 seconds West, a distance of
472.74', to a point. Thence South 25 degrees, 25 minutes 22 seconds West, a distance of
344.67', to a point. Thence South 25 degrees, 46 minutes 41 seconds West, a distance of
16.21', to a point. Thence North 58 degrees, 10 minutes, 53 seconds West, a distance of
11.15', to the Point of Beginning. Containing 9,735 square feet (0.22 acres), more or
less.
Together with a temporary construction easement of 35' width on the west side of the
proposed permanent sewer easement for the installation of the sewer line.
G-X K i b 'I
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 358.98' N25'36'39"E
L2 470.35' N1 7'39'49"E
L3 118.49' N01 *37'23"W
L4 10.42' N71'57'49"E
L5 123.13' S01 *37'23"E
L6 472.74' S1 7'39'49"W
L7 344.67' S25'25'22"W
L8 16.21' S25'46'41 "W
L9 11.15' N58*10'53"W
RY URl\#e
' It NIF
ALMEDA WARD
P
N 3B-21-0289-002
.ED
BOOK 00151-002EM
4 MULBERRY DRIVE
0 v7
N
00
(3) I
p
V
V 1
ti
W
r
N/F
ALMEDA WARD
PIN 38-08-0565-005
DEED BOOK 0014 W- 00314
516 MULBERRY DRIVE
U.1
U-1
_ (V
U-
20
Q
'PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
P.O.B.
c
N/F
SILVER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
Pennl Associates Ina 518 MULBERRY DRIVE SCALE: 1" 100'
Consulting Engineers
TRINOLE SPRING RUN INTERCEPTOR DATE: 01/20/10
wwwnl) SANITARY SEWER EASEMENT D REV.: SGS
PIN 38-08-0565-005 REV. BY:
1215 Manor Drive Suite 100
Mechanicsburg, PA 17055 DWG #:
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: j OF 2
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
I PROPOSED 10'
SANITARY EASEMENT
AREA: 92Z-%L-FT.
4.
NOTE.
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
r ?
r
LL1
r N r NIF
cn U- ALMEDA WARD r \`
= 0 PIN 38- 08- 0565- 005
0 N DEEDSMOK 0014 W- 00314 - "
Q PROPOSED 35' TEMPORARY 516 MULBERRY DRIVE \! ` '
CONSTRUCTION EASEMENT `
PROPOSED 10'
SANITARY EASEMENT AREA: 9.735 SO, T.
?'" `s N/F
S SIL VER SPRING TOWNSHIP
PIN 38-21-0289-288
.f= DEED BOOK 00223-01128
30' AVCCHAIOVSBUP?
EYOPOUG'H EASEVEN
Pennon! Associates Inc. 516 MULBERRY DRIVE SCALE: 1° = 100'
Consulting Engineers DATE: 01/20/11
TRINDLE SPRING RUN INTERCEPTOR
SGS
SANITARY SEWER EASEMENT D REV.:
PIN 38-08-0585-005 REV. BY:
1215 Manor Drive Suite 100
Mechanicsburg, PA 17055 DWG #:
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 2 OF 2
CERTIFICATE
I, the undersigned, Secretary of the Silver Spring Township Authority (the
"Authority"), certify that the foregoing Resolution was adopted by a majority of the
entire Board of the Authority at a meeting duly convened according to law and held on
July 20`h, 2011, at which meeting a quorum was present; said Resolution was adopted 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 Authority, this
20`h day of July, 2011.
(EALill- u
sEa `y
(,,'., ?.
retary
EXHIBIT "B"
IFE xk 1 ?
Penn jA,9
Consulting Engineers
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
RY ?R?
NXF
ALMEDA WARD
PIN 38-21-0289-002
=ED BOOK 00151-002EA41
504 MULBERRY DRIVE
INDL
?666)
NIF
ALMEDA WARD
PIN 38- 08- 0565- 005
DEED BOOK 0014 W- 00314
516 MULBERRY DRIVE
W
W cn
? ?1
0
V
V U
r*1
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED 10'
SANITARY EASEMENT
AREA- 9.735 SQ FT
U-1
U.1
= N
L_
= O
Q
P.O.B.
L9
c'
NAF
SIL VER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
518 MULBERRY DRIVE
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT
PIN 38-08-0565-005
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
NOTE,
P RMATION SHOWN IS
S) OF RECORD. NO
HAS BEEN PERFORMED
ATES, INC.
SCALE: 1" = 100'
DATE: 01/20/10
DWN BY: SGS
REV.:
kEV. BY:
DWG
JOB #: SSPA 00119
SHEET: j OF 2
.? b
ff TY LINE INFORMATION S HOWN IS
ROM DEED(S) OF RECORD. NO
RY SURVEY HAS BEEN PERFORMED
ONI ASSOCIATES, INC.
_ r
1--
W
W CV
V) LL-
0
N
Q
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
r JJ
? / 1 4 /
NIF
ALMEDA WARD
PIN 38- 08- 0565- 005 ` j
DEEDOMOK 0014W-00314
516 MULBERRY DRIVE
PROPOSED 10'
SANITARY EASEMENT
AREA: 9.735 Sn FT
Penn oni Ass * Inc
Consulting Engineers
(f??
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
S
80,4000H EA-rEV NT
NIF
SIL VER SPRING TOWNSHIP ':.
PIN J8-21-0289-288
DEED BOOK 00223-01128?r
516 MULBERRY DRIVE
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT
PIN 38-08-0565-005
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" = 100,
DATE: 01/20/11
DWN BY: SGS
REV.:
REV. BY:
DWG #:
JOB #: SSPA 00119
SHEET: 2 OF 2
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the day of O?A b , 2011, by the Silver Spring Township Authority
("Obligor") a municipality 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 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
condemnation by Obligor of certain land located in Silver Spring Township, Cumberland County
and described as follows:
ALL THAT CERTAIN lot or piece of ground as described in Exhibit "A" 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 and buildings upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation:
NOW THE CONDITON 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 an remain in full force and effect.
SEALED with the Silver Spring Township Authority seal and duly executed this lTtn
day of JA6'kpk? 2011.
ATTEST:
ecretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chairman
0
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY THE ESTATE OF
ALMEDA WARD
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. LI - ??$y ciVitT?
-,
r,
r"I"'
EMINENT DOMAIN - IN REM 71
NOTICE TO CONDEMNEE
In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Silver
Spring Township Authority notifies you that:
1. A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed on
086)W ZO , 2011, in the Court of Common Pleas of Cumberland County at the
above named term and number.
2. A portion of your property, known as Tax Parcel No. 38-08-0565-005, has been
condemned for the purpose of constructing a sanitary sewer line extension and its appurtenances
as set forth on the attached Exhibit "B".
3. If you wish to challenge the power or right of the Silver Spring Township
Authority 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.
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
(717) 903-1268
Solicitor for Silver Spring Township Authority
EXHIBIT "A"
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY THE ESTATE OF
ALMEDA WARD
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: EMINENT DOMAIN - IN REM
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:
1. The Condemnor is the Silver Spring Township Authority (the "Authority") acting
through its Board.
2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, New
Kingstown, PA 17072-1001.
3. The Authority is authorized by the provisions of the Municipality Authorities Act,
53 Pa.C.S. §5615, as amended and the Eminent Domain Code, to acquire by lease, purchase or
condemnation, any land lying either within or without the territorial limits of Silver Spring
Township, which may be necessary and desirable for the purpose of establishing and maintaining
the sanitary sewer system.
4. This Declaration of Taking is made an authorized by virtue of Resolution A-2011-
08, duly adopted by the Board of the Authority at a public meeting held on July 20, 2011 in the
Silver Spring 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
Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and
incorporated herein by reference.
5. The purpose of the within condemnation and this Declaration of Taking filed
incidental thereto is to acquire a permanent sanitary sewer easement for the purpose of
constructing and maintaining a sanitary sewer line extension and its appurtenances and
temporary construction easement for the purpose of constructing a sanitary sewer line and its
appurtenances, all as set forth on the plan attached hereto as Exhibit "B".
6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is
documentation which contains a plan of the lands situate in Silver Spring Township, Cumberland
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement
and a temporary construction easement as set forth on Exhibit `B". ". The temporary
construction easement shall terminate upon completion of the construction of the sanitary sewer
line extension on the property which is the subject of this condemnation.
8. A plan (Exhibit "B") identifying and specifying the locations of the properties
hereby condemned is attached hereto.
9. On the same day as this Declaration of Taking is being filed with the
Prothonotary, plans showing the property condemned are being lodged for record 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.
10. A plan showing the condemned property may be inspected at the address of the
Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse,
Front and Market Streets, Harrisburg, Pennsylvania.
11. The payment of just compensation in this matter is secured by an open-end bond
without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a).
Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as
Exhibit "C".
12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby
depose, swear and affirm that I am authorized by and hereby execute this Declaration of Taking
on behalf of Silver Spring Township Authority, 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.A. Section 4904, relating to unsworn falsification to
authorities.
WHEREFORE, the permanent sanitary sewer easement and temporary construction
easement are hereby condemned from the properties identified herein, as indicated on the plans
referenced in Paragraph 6 (Exhibit "B") above.
SILVER SPRING TOWNSHIP AUTHORITY
Dated: i o 1 I ?, By:
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-08
WHEREAS, the Silver Spring Township Authority (the "Authority") is a
municipality authority, existing under the Municipality Authorities Act, as amended; and
WHEREAS, the sanitary sewer system of the Authority has or will be expanded
as a result of construction and development in and through Silver Spring Township; and
WHEREAS, it is necessary to acquire a permanent right of way, easement, and
temporary construction easement for purposes of constructing a new sanitary sewer main
line on the properties now owned by Almeda Ward, 516 Mulberry Drive, Mechanicsburg,
PA 17050; and
WHEREAS, in order to ensure proper sanitary sewer service, it has been deemed
to be in the public interest for the Authority to acquire, by purchase or eminent domain
proceedings, a permanent right of way, easement, and temporary construction easement
in such lands as the Authority deems necessary for continued effective sanitary sewer
service; and
WHEREAS, the Board of the Authority, upon the recommendation of its Manager
and the advice of its engineer and other advisors, has selected the right of way and
easement to be permanently acquired and the temporary construction easement to be
acquired all as more fully described on Exhibit "A" and Exhibit B" hereto, as attached
and to be acquired for the purposes of constructing a new sanitary sewer main line.
NOW THEREFORE, the Authority hereby adopts the following resolution:
The Chairman, Secretary and other such officers as they may designate,
through the Solicitor of the Authority and with the assistance of such other
advisors as the Manager deems appropriate, shall contact the owner thereof
and negotiate the acquisition of the permanent right of way, easement, and
temporary construction easement described in Exhibit "A" and Exhibit B" on
terms and conditions deemed advantageous to the Authority in light of the
public objectives of the Authority and the necessity to take title to this
permanent right of way, easement, and temporary construction easement 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, easement, and temporary construction
easement in order to complete the sanitary sewer construction project.
2. The proper officers of the Authority are hereby authorized and directed to do
all things necessary and desirable to implement the above action by the
Authority, including the fixing of the fair market value for the permanent right
of way, easement, and temporary construction easement 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.
In the event that the Authority cannot expeditiously agree on terms of the
acquisition of the permanent right of way, easement, and temporary
construction easement 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 Authority, are hereby authorized and directed to take the permanent right
of way, easement, and temporary construction easement by exercise of the
eminent domain power of the Authority for sanitary sewer purposes under the
Municipality Authorities Act, as amended and supplemented from time to
time and under the Eminent Domain Code, as amended and supplemented
from time to time.
4. Proper officers of the Authority 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.
This Resolution shall become effective immediately.
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 Authority that such remainder shall be and shall remain in full
force and effect.
DULY ADOPTED as Resolution A- 2011-08 this 201h day of July, 2011 by the
Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By:
(jecretary Chairman
rxk b;1-- A
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
516 MULBERRY DRIVE
PIN 38-08-0565-0054
DEED BOOK 0014W-00314
ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania described:
COMMENCING at a point on the easterly right-of-way of Mulberry Drive at the
northwest property comer of Almeda Ward (516 Mulberry Drive). Thence South 58
degrees 10 minutes 53 seconds East, a distance of 386.77', to the POINT OF
BEGINNING. Thence North 25 degrees 36 minutes 39 seconds East, a distance of
358.98', to a point. Thence North 17 degrees 39 minutes 49 seconds East, a distance of
470.35', to a point. Thence North 01 degrees, 37 minutes 23 seconds West, a distance of
118.49', to a point. Thence North 71 degrees, 57 minutes, 49 seconds East, a distance of
10.42', to a point. Thence South 01 degrees, 37 minutes 23 seconds East, a distance of
123.13', to a point. Thence South 17 degrees, 39 minutes, 49 seconds West, a distance of
472.74', to a point. Thence South 25 degrees, 25 minutes 22 seconds West, a distance of
344.67', to a point. Thence South 25 degrees, 46 minutes 41 seconds West, a distance of
16.21', to a point. Thence North 58 degrees, 10 minutes, 53 seconds West, a distance of
11.15', to the Point of Beginning. Containing 9,735 square feet (0.22 acres), more or
less.
Together with a temporary construction easement of 35' width on the west side of the
proposed permanent sewer easement for the installation of the sewer line.
k, b 'r
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 358.98' N2536'39"E
L2 470.35' N1 7'39'49"E
L3 118.49' NOI'37'23"W
L4 10.42' N71'57'49"E
L5 123.13' S01 '37'23"E
L6 472.74' S173 '49"W
L7 344,67- S25'25'22"W
L8 16.21' S 5' '41 "W
L9 11.15' N58-10.53"W
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
' NIF
ALMEDA WARD
PIN 38- 08- 0565- 005
DEED BOOK 0014 W- 00314
516 MULBERRY DRIVE
N/F
~'- -- -° I ALMEDA WARD
PIN 38-21-0289-002
EED BOOK 00151-002EM 1
-- - -- 504 MULBERRY DRIVE
O 00
0,
J Uj
V r
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED 10'
SANITARY EASEMENT
AREA: 9.735 SO. FT.
P.O.B. -? ?
Ly
.N
I--
w
W
= N
= O
Q
N/F
SILVER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
Pe^noni "°9?i°tea Inc. 516 MULBERRY DRIVE [RE ALE: 1" =too'
f-w"11 Consulting Engineers ATE: 01?20?10
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT EV.. SGS
PIN 38-08-0565-005 BY:
1215 Manor Drive Suite 100 G #:
Mech(717) 975 64817055 SILVER SPRING TOWNSHIP B #: SSPA 00119
I -m CUMBERLAND COUNTY, PENNSYLVANIA EET: 1 OF 2
t
NOTE.
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNON[ ASSOCIATES, INC.
F-
w
W N
V) W
=0
U cV
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED 10'
SANITARY EASEMENT
AREA: 9.735 SO. FT.
t
•? l
'Al
'y`t/
Z
NIF
?\ \
ALMEDA WARD
PIN 38- 08- 0565- 005
?• ??
DEEDe70K 0014W-00314
516 MULBERRY DRIVE
BOPOUCH EASEVEN
N/F
SILVER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
a'
Pennoni Associates inc. 516 MULBERRY DRIVE SCALE: 1° = loo'
TRINDLE SPRING RUN INTERCEPTOR
Consulting Engineers DATE: j0F 10
SANITARY SEWER EASEMENT D REV.: PIN 38-08-0585-005 REV. BY:
7215 Manor Orive Suite 100 Mechanicsburg. PA7055 SILVER SPRING TOWNSHIP DJOB #: 0119
(717) 975-6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET:
CERTIFICATE
I, the undersigned, Secretary of the Silver Spring Township Authority (the
"Authority"), certify that the foregoing Resolution was adopted by a majority of the
entire Board of the Authority at a meeting duly convened according to law and held on
July 20th, 2011, at which meeting a quorum was present; said Resolution was adopted 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 Authority, this
20th day of July, 2011.
retary
EXHIBIT `B"
E-?xk; l 11
=LINE RMATION SHOWN IS
S) OF RECORD. NO
HAS BEEN PERFORMED
ATES, INC.
NIF
ALMEDA W
ARD
PIN 38- 08- 0565- 005
DEED BOOK 0014W-00314
- = - N/F 516 MULBERRY DRIVE
- -- i ALMEDA WARD
-' PIN 38-21-0289-002
DEED BOOK 00151-002EY
' 504 MULBERRY DRIVE
N w
= N
tr
-.., ? 00
1
ALL
o?
-4 ( T p
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT--I
PROPOSED 10'
SANITARY EASEMENT
AREA: 9,735 So FT
P.O.B. ---
?.\\\\? \\\\\?
L9
N
SIL VER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
Pen"°"i 2"i°516 MULBERRY DRIVE
Consulting Engineers
TRINDLE SPRING RUN INTERCEPTOR
(??l SANITARY SEWER EASEMENT
215 Manor Drive Site 100 PIN 38-08-0565-005
Mechanicsburg, 17055
(717) 975-6481 SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1' - 100'
DATE: 01/20/10
OWN BY: SGS
REV.:
REV. BY:
DWG f
JOB #: SSPA 00119
SHEET: 1 -OF 2
• 1 .
rBOUNDARY TY LINE INFORMATION SHOWN IS
FROM DEED(S) OF RECORD. NO
SURVEY HAS BEEN PERFORMED
NONI ASSOCIATES, INC.
1-
--w
W
2 N
?LL
=0
N
Q
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
I' ? t f/ f'j%/ a
?t / /k/ 1117
N/F
ALMEDA WARD
PIN 38- 08-0565- 005
O DEEDNWOK 0014 W- 00314
516 MULBERRY DRIVE
PROPOSED 10'
SANITARY EASEMENT
AREA: 9.735 SO FT
Pennoni Associates Inc
Consulting Engineers
Pen/lO?r?
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-Wi
1 30" IdEi:Htt:tir'.=SyURG
80POUGH c?_sr:LrtN
RY
tF SP ? ?'?\
N/F
S1L VER SPRING TOWNSHIP
`u
PIN 38-21-0289-288
DEED BOOK 00223-011281
516 MULBERRY DRIVE
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT
PIN 38-08-0565-005
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1' . 100'
DATE: 01 /20/11
DWN BY: SGS
REV.:
REV. BY:
DWG #:
JOB #: SSPA 00119
SHEET: 2 OF 2
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the _?_ day of NAb-'?? '2011, by the Silver Spring Township Authority
("Obligor") a municipality 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 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
condemnation by Obligor of certain land located in Silver Spring Township, Cumberland County
and described as follows:
ALL THAT CERTAIN lot or piece of ground as described in Exhibit "A" 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 and buildings upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation:
NOW THE CONDITON 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 an remain in full force and effect.
SEALED with the Silver Spring Township Authority seal and duly executed this lf(?
day of aA49? 2011.
ATTEST:
ecretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chairman
EXHIBIT "B"
GXhi 6
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 358.98' N25'36'39"E
L2 470.35' N1 7'39'49"E
L3 118.49' N01 '37'23"W
L4 10.42' N71'57'49"E
L5 123.13' S01 '37'23"E
L6 472.74' S17.3 '49"W
L7 344.67' S2525'22"W
L8 16.21' S25' '41 "W
L9 11.15' N58'10'53"W
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
NIF
ALMEDA WARD
MVO PIN 38- 08- 0565- 005
,- ?•- DEED BOOK 0014 W- 00314
} N/F 516 MULBERRY DRIVE
- - I ALMEDA WARD
PIN 38-21-0289-002
?EED BOOK 00151-002EM
i 1 504 MULBERRY DRIVE
N
0
10
t 41
?- E m
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED 10'
SANITARY EASEMENT
AREA: 9.735 SO, FT
P.O.B.
C
IND j
1
w
w
= N
LL_
=O
U
H
Q
r
fare ..
N/F
SIL VER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128
Pennoni Associates Inc. 516 MULBERRY DRIVE SCALE: 1" = 100'
Consulting Engineers DATE: 01/20/10
TRINDLE SPRING RUN INTERCEPTOR
DWN BY: SGS
SANITARY SEWER EASEMENT REV-:
1215 Manor Drive Suite 100 PIN 38-08-0565-005 REV. BY:
Mechanicsburg, PA 17055 DWG:
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 2
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
`;?f f ??f a
.. r f l 1
H
W
W N
V) LL.
=0
N
Q
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED 10'
SANITARY EASEMENT-
ARFe• g 735 SQ. FT.
t,
ALMEDAFWARD
PIN 38- 08- 0565- 005
Q DEEDSMOK 0014W-00314 -1
516 MULBERRY DRIVE
?- s
00ROUGH EA-3F-&'t-NT
S`
N/F
SILVER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-011281
t
516 MULBERRY DRIVE SCALE: 1" = 100'
ngineers TRINDLE SPRING RUN INTERCEPTOR
FMonor ciates Inc. DATE: 01 /20111
DWN BY: S GS
SANITARY SEWER EASEMENT REV. EV.:
suite ,0? PIN 38-08-0565-005 BY:
DWG PEA 1705s SILVER SPRING TOWNSHIP JOB SSPA 00119
5-6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 2 OF 2
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 11-7984 Civil Term
c~?
c
rna)
xrn
x;0
?x
<C:7
?c-)
xa
x
C'7
•c
LANDS OWNED BY ALMEDA WARD : EMINENT DOMAIN - IN REM
MEMORANDUM OF FILING OF NOTICE
TO THE PROTHONOTARY:
-o
s
w
cr
z -?
rn
`? rn
C) °
4p
o?
x?
'M
i
Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, as instrument no. 201129049.
By:
Steve in ire
Solicitor for Silver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
(717) 903-1268
CERTIFICATE OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for the Silver Spring Township Authority, do hereby
certify that on November 4, 2011, I served the foregoing Memorandum of Filing of Notice by
first class mail, postage pre-paid upon the following:
The Estate of Almeda Ward
c/o Edward J. Ward
516 Mulberry Drive
Mechanicsburg, PA 17050
S squire
Supreme Court ID# 44859
23 Waverly Drive
Hummelstown, PA 17036
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY THE ESTATE OF
ALMEDA WARD
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-7984 Civil Term
EMINENT DOMAIN - IN REM
C'?
c
-OZ
.c?
X:0
?r
max'
r.
D ?
z c'
a
rll?
0
c
w
'y
v 1
PROOF OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do hereby
,-,
-rj
ca °
oQ
a
certify that on the date set forth on the attached copy of the returned receipts, I served the Notice
to Condemnees, pursuant to Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. Section
305, by Certified Mail, Return Receipt Requested upon the following individuals:
Estate of Almeda Ward
c/o Edward J. Ward
516 Mulberry Drive
Mechanicsburg, PA 17050
St tine, 're
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
¦ Compide Items 1, 2, and & Also CwOde
Mwn 4 ff Rssttlcted DWvwy Is dashed.
¦ Prfrrt you name and address on the reverse
so that we can retum Um card to you.
¦ Attach this card to the back of the mailpiece,
or on the front H space permfts.
1. Article Addressed to.
Cod
5f ? Vk?, p?
Iti1??0?,V l uG - --m LJO50
some"
DAporrt
X
Addressee
B. Received by (ftded Nerve) C. Date of Delivery
D. Is d*iwy address dlf mt from fto 1?s :Q Xee
If YES, enter delivery address bellr'rir•' - - TMO
,3swic.,Srp. a M?
1313gxees Ms1I
fieoretsred O ReW Rec mi t fbr Merdmrrdise
0 Ioscoed Moll 0 C.O.D.
4. RoWlated D*myl fu Foo 17 Mm
2. Article NUffber 7007 2680 0002 6161 5919
(rtwwwdom "met hkw
PS Form 3811, February 2004 Doormstic Recum Receipt 1025954¢4A-1640
6
IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS
SILVER SPRING TOWNSHIP CUMBERLAND COUNTY,
PENNSYLVANIA
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF NO. 11-7984 Civil Term
-0 7X -;
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY THE ESTATE OF EMINENT DOMAIN - IN REM co
ALMEDA WARD S ?.
"C-)
o :x
ff.
C ? f
CONDEMNOR'S DECLARATION OF RELINQUISHMENT OF PROPERTY :
-`
PURSUANT TO SECTION 307 OF THE EMINENT DOMAIN CODE
AND NOW, Silver Spring Township Authority (the "Condemnor"), through its
undersigned counsel, respectfully declares:
On October 20, 2011, a declaration of taking was filed in the Office of the
Prothonotary of the Court of Common Pleas, at Docket No. 11-7984, pursuant to Chapter
3 Section 302 of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34,
Section 1, 26 Pa.C.S.A. Section 302, as amended, and Resolution No. A-2011-08, dated
July 20, 2011, whereby a permanent sanitary sewer easement and temporary construction
easement across property known as Tax Parcel No. 38-08-0565-005 and located at 516
Mulberry Drive, Mechanicsburg, PA, in Silver Spring Township, Cumberland County,
Pennsylvania.
2. Subsequent to the filing of the Declaration of Taking, it was discovered
that on October 18, 2011, two days prior to the filing, a deed dated October 3, 2011, was
recorded in the Office of the Recorder of Deeds in and for Cumberland County,
transferring the property of the Condemnee to Mark X. DiSanto and John M. DiSanto
2. Condemnor has not made any payment as provided in Section 307(a) or
(b) of the Eminent Domain Code, 26 Pa.C.S.A. Section 307(a) or (b), nor has The Estate
of Almeda Ward, owner of the fee simple or absolute title of the property, tendered
possession as provided in by Section 307 of the Eminent Domain Code, 26 Pa.C.S.A.
Section 307.
3. This declaration is filed within two (2) years from the filing of the
declaration of taking, and condemnor has not taken actual possession of the property
pursuant to the declaration. of taking.
4. The property is more fully described as set forth in Exhibit "A" attached
hereto.
5. Upon the filing of this declaration of relinquishment, fee simple or
absolute title to the property shall revest in the Estate of Almeda Ward as of October 20,
2011 when the declaration of taking was filed, and all mortgages and other liens existing
as of that date shall be reinstated.
6. This declaration of relinquishment is authorized by Resolution A-2011-14,
adopted November 17, 2011, a copy of which is attached as Exhibit "B".
St . i
Solicitor for Silver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
stevestine@att.net
(717) 903-1268
VERIFICATION
The undersigned, Steven A. Stine, Solicitor of the Silver Spring Township
Authority, hereby verifies that the facts set forth in the Declaration of Relinquishment are
true and correct to the best of his 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 unsworn falsification to authorities.
even SfOolicitor
,?'xkjb;-r A
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
516 MULBERRY DRIVE
PIN 38-08-0565-005,
DEED BOOK 0014W-00314
ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania described:
COMMENCING at a point on the easterly right-of-way of Mulberry Drive at the
northwest property comer of Almeda Ward (516 Mulberry Drive). Thence South 58
degrees 10 minutes 53 seconds East, a distance of 386.77', to the POINT OF
BEGINNING. Thence North 25 degrees 36 minutes 39 seconds East, a distance of
358.98', to a point. Thence North 17 degrees 39 minutes 49 seconds East, a distance of
470.35', to a point. Thence North 01 degrees, 37 minutes 23 seconds West, a distance of
118.49', to a point. Thence North 71 degrees, 57 minutes, 49 seconds East, a distance of
10.42', to a point. Thence South 01 degrees, 37 minutes 23 seconds East, a distance of
123.13', to a point. Thence South 17 degrees, 39 minutes, 49 seconds West, a distance of
472.74', to a point. Thence South 25 degrees, 25 minutes 22 seconds West, a distance of
344.67', to a point. Thence South 25 degrees, 46 minutes 41 seconds West, a distance of
16.21', to a point. Thence North 58 degrees, 10 minutes, 53 seconds West, a distance of
11.15', to the Point of Beginning. Containing 9,735 square feet (0.22 acres), more or
less.
Together with a temporary construction easement of 35' width on the west side of the
proposed permanent sewer easement for the installation of the sewer line.
EXHIBIT "B"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2011-14
WHEREAS, on July 20, 2011, the Board of the Silver Spring Township Authority
(the "Authority") adopted Resolution A-2011-08, which authorized the filing of a
Declaration of Taking to acquire a permanent sanitary sewer easement and temporary
construction easement across certain land owned by Almeda Ward (the "Condemnee"), a
description of which is attached hereto and marked as Exhibit "A"; and
WHEREAS, on October 20, 2011, a Declaration of Taking, along with other
related documents, was filed to condemn the above-referenced permanent sanitary sewer
easement and temporary construction easement across certain land owned by the
Condemnee; and
WHEREAS, subsequent to the filing of the Declaration of Taking, it was
discovered that on October 18, 2011, two days prior to the filing, a deed dated October 3,
2011, was recorded in the Office of the Recorder of Deeds in and for Cumberland
County, transferring the property of the Condemnee to Mark X. DiSanto and John M.
DiSanto; and
WHEREAS, the Authority desires to relinquish the permanent sanitary sewer
easement and temporary construction easement condemned on October 20, 2011, so that
it can condemn the permanent sanitary sewer easement and temporary construction
easement against the new owners of the property.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED
that the Authority hereby authorizes its Solicitor to file a Declaration of Relinquishment
and other related documents in order to relinquish the above-referenced permanent
sanitary sewer easement and temporary construction easement condemned by the
Authority on October 20, 2011.
DULY ADOPTED as Resolution A-2011-14 this 17th day of November, 2011 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
B '
Y• QXX'
Secretary Chairman
'?'xkib;-r '{
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
516 MULBERRY DRIVE
PIN 38-08-0565-005,
DEED BOOK 0014W-00314
ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania described:
COMMENCING at a point on the easterly right-of-way of Mulberry Drive at the
northwest property comer of Almeda Ward (516 Mulberry Drive). Thence South 58
degrees 10 minutes 53 seconds East, a distance of 386.77', to the POINT OF
BEGINNING. Thence North 25 degrees 36 minutes 39 seconds East, a distance of
358.98', to a point. Thence North 17 degrees 39 minutes 49 seconds East, a distance of
470.35', to a point. Thence North 01 degrees, 37 minutes 23 seconds West, a distance of
118.49', to a point. Thence North 71 degrees, 57 minutes, 49 seconds East, a distance of
10.42', to a point. Thence South 01 degrees, 37 minutes 23 seconds East, a distance of
123.13', to a point. Thence South 17 degrees, 39 minutes, 49 seconds West, a distance of
472.74', to a point. Thence South 25 degrees, 25 minutes 22 seconds West, a distance of
344.67', to a point. Thence South 25 degrees, 46 minutes 41 seconds West, a distance of
16.21', to a point. Thence North 58 degrees, 10 minutes, 53 seconds West, a distance of
11.15', to the Point of Beginning. Containing 9,735 square feet (0.22 acres), more or
less.
Together with a temporary construction easement of 35' width on the west side of the
proposed permanent sewer easement for the installation of the sewer line.
CERTIFICATE OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for the Silver Spring Township Authority, do
hereby certify that on November 18, 2011, I served the foregoing Declaration of
Relinquishment by first class mail, postage pre-paid upon the following:
Estate of Almeda Ward
c/o Beverly L. Rowe
516 Mulberry Drive
Mechanicsburg, PA 17050
Steven A. Stine, Esquire
Supreme Court ID# 44859
23 Waverly Drive
Hummelstown, PA 17036