HomeMy WebLinkAbout11-7986
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 TRIPLE CROWN
CORPORATION
DECLARA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0'w'ATerp)
EMINENT DOMAIN -IN REM
.
6 ,
TION 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-
09, duly adopted by the Board of the Authority at a public meeting held on September 21, 2011
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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 a
temporary construction easement for the purpose of constructing a sanitary sewer line extension
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. Plans (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. Plans 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: t6 t I N By.
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-09
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 Triple Crown Corporation, Hunt Place Lots 4 and 5,
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 Exhibits "A" through "E" 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 Exhibits "A" through "E" 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- 2011-09 this 21 sc day of September, 2011 by
the Board of the Silver Spring Township Authority.
ATTEST:
i?
`';'l Secretary
SILVER SPRING TOWNSHIP AUTHORITY
By: „?--_
Chairman
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
HUNT PLACE LOT 4
PIN 38-08-0565-0991
INSTRUMENT #201003468
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 northerly right-of-way of Mulberry Drive at the
southwest property corner of Triple Crown Corp. Inc. Thence North 71 degrees 57
minutes 49 seconds East, a distance of 103.27', to the POINT OF BEGINNING. Thence
North 01 degrees 37 minutes 23 seconds West, a distance of 15.66', to a point. Thence
North 24 degrees 26 minutes 46 seconds East, a distance of 129.01', to a point. Thence
South 46 degrees, 29 minutes 56 seconds East, a distance of 10.58', to a point. Thence
South 24 degrees, 26 minutes, 46 seconds West, a distance of 123.24', to a point.
Thence South 01 degrees, 37 minutes 23 seconds East, a distance of 10.40', to a point.
Thence South 71 degrees, 57 minutes, 49 seconds West, a distance of 10.42', to the Point
of Beginning. Containing 1,392 square feet (0.03 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.
f=XIAI br7- 13
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CROWN CON/FRPORATION INC.
IPIN 38-08-0565-010
,TRUMENT #201003468
/ -? ''HUNT PLACE LOT #5
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NIF
?TRIP?E CROWN CORPORA TION Il`V.C:
PIN 38-08-0565-099 : _-
IMSTRUMENT #201003468
HUNT PLACE LOT #4
`PROPOSED 35' i'3EMPORA Y
CONSTRUCTION ?ASEMEAT
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L4 _
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sAN?ART EASEM
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I?ER SPRING TOWNSHIP
PIN 38-21-0289-288
DEED BOOK 00223-01128 j ;
A .? r
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 15.66' N01 7'23-W
L2 129.01' N24'26'46"E
L3 10.58' S46-29-56"E
L4 123.24' S2 426'46-W
L5 10.40' S01 '37'23"E
L6 10.42' S71-57'49"W
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates inc HUNT PLACE LOT 4 SCALE: 1" = 50'
Consulting Engineers
TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11
WN BY: REV.; SGS
SANITARY SEWER EASEMENT D
PIN 38-08-0565-099 REV. BY:
1215 Manor Drive Suite 100 DWG
Mechanicsburg. 17055 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
(717) 975-6 6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXkIh?-r- C-
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
HUNT PLACE LOT 5
PIN 38-08-0565-0101
INSTRUMENT #201003468
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 northerly right-of-way of Mulberry Drive at the
southeast property corner of Triple Crown Corp., Inc. Thence North 46 degrees 29
minutes 56 seconds West, a distance of 85.95', to the POINT OF BEGINNING. Thence
North 46 degrees 29 minutes 56 seconds West, a distance of 10.58', to a point. Thence
North 24 degrees 26 minutes 46 seconds East, a distance of 42.56', to a point. Thence
South 87 degrees, 10 minutes 08 seconds West, a distance of 55.61', to a point. Thence
North 46 degrees, 29 minutes, 56 seconds West, a distance of 6.91', to a point. Thence
along a curve to the left having a radius of 50.00', an are length of 29.17', a chord of
North 26 degrees, 47 minutes, 17 seconds East, a distance of 28.76', to a point. Thence
North 87 degrees, 10 minutes 08 seconds East, a distance of 61.64', to a point. Thence
North 24 degrees, 26 minutes, 46 seconds East, a distance of 138.81', to a point. Thence
North 23 degrees 42 minutes 16 seconds East, a distance of 344.25', to a point. Thence
North 49 degrees 27 minutes 07 seconds East, a distance of 673.59', to a point. Thence
North 48 degrees, 43 minutes 10 seconds East, a distance of 22.35', to a point. Thence
South 37 degrees, 43 minutes, 43 seconds East, a distance of 10.02', to a point. Thence
South 48 degrees, 43 minutes 10 seconds West, a distance of 21.80', to a point. Thence
South 49 degrees 48 minutes 05 seconds West, a distance of 448.91', to a point. Thence
South 48 degrees 44 minutes 49 seconds West, a distance of 222.48', to a point. Thence
South 23 degrees, 42 minutes 16 seconds West, a distance of 342.03', to a point. Thence
South 24 degrees, 26 minutes, 46 seconds West, a distance of 218.64', to the Point of
Beginning. Containing 13,440 square feet (0.31 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.
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i TRIPLE ROWN ,,,
CORPORATION 11N A'. w x
PIN 38-08-0565-0
INST{?UMENT 1201003468
HUNT PLACE LOT f4
L4
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F_CL ?
e S\ ?` 47 ---'
SIL 10
PIN
DEED
-)
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
INSTRUMENT x¢`201003468
HUNT PLACE LOT #5
PROPOSED 10'
- SANITARY EASEMENT
AREA: 13.440
PROPOSED 35' TEMPORARY
,CONSTRUCTION EASEMENT
\ or.X-
TRIPLE CROWN CORPORA TlQN_ INC:
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3 21- 8 -22, '
00 -00112
2IRON OURT
SEWER EASEM ENT LINE TABLE
- LINE LENGTH BEARING
L1 10.58' N46'29'56"W
L2 42.56' N24'26'46"E
1-3 55. 1' S87'1 0'08"W
L4 6.91' N46'29'56"W
L5 N87'10'08"E
L6 N24'26'46"E
L7 E N23'42'16"E
L8 673.59'
L9 N48'43'
10"E
L10 10.02' S37'43'43"E
L11 21.80 S48'43'1 0"W
L12 448.91' S4948'05"W
L13 222.48' S48'44'49"W
L14 342.03' S23'42'16"W
I 1 218,64' S24'26'46"W
SEWER EASEMENT CURVE TABLE
CURVE
C1 LENGTH
29.17' RADIUS
50.00' TANGEN
15.01' DELTA
33'25'34" CHORD BEARING
N26'47'17"E DISTANCE
28.76'
Pennoni Associates Inc HUNT PLACE LOT 5 SCALE: 1" = 100'
Consulting Engineers
TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11
? BY: EV.: SGS
SANITARY SEWER EASEMENT D R
1215 Manor Drive Suite 100
PIN 38-08-0565-010 REV. BY:
Mechanicsburg, 17055 WG #:
(717) SILVER SPRING TOWNSHIP DJOB #: SSPA 00119
975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 2
ti I bi -r r
PROPOSED 10'
F SANITARY EASEMENT
AREA: 13.440 SO. FT.
PROPOSED 35' TEMPORARY
?• CONSTRUCTION EASEMENT N/F
TRIPLE CROWN CORPORA T/ON INC.
PIN 38-08-0565-010
...: INSTRUMENT #201003468
HUNT PLACE LOT #5
W..
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W
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(V
Q NIF
TRIPLE CROWN CORPORATION INC.
PIN 38- 08- 0565- 010
INSTRUMENT #201003468
HUNT PLACE LOT #5
JOHN M EDRIS
PIN 38-08-0565-006
DEED BOOK 00138-00524
650 MULBERRY DRIVE
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Consulting Engineers
Pennoni Associates inc HUNT PLACE LOT 5 sqOF22
TRINDLE SPRING RUN INTERCEPTOR D13 Y
SANITARY SEWER EASEMENT DW1215 Manor Drive Suite 100
PIN 38-08-0585-010 REVMechanicsburg, PA 17055 SILVER SPRING TOWNSHIP DJOVG #:
(717) 975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SH
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
21St day of September, 2011.
O Tn. t ;
J-h
A-A" Secretary
EXHIBIT "B"
I?
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4
S \
N/F
Tjgf,LIa CROWN CORPORATION INC.
` PIN 38-08-0565-010
/ I;,INFTRUMENT #201003468
.HUNT PLACE LOT ,¢5
NIF ?r.
/TRIP4E CROWN CORPORATION
PIN 38-08-0565-099
INSTRUMENT #201003468
WUNT PLACE LOT #4
,PROPOSED 35' gMPORA Y
CONSTRUCTION t ASEMEaaT
P:0.8. !s L4 --?R0?8S -10'
SANISAR EASE ME?pL- UN
G •
N/F
VER SPRING TOWNSHIP
PIN 38-21-0289-288 -.?sTr? i,? f :r v
DEED BOOK -,,Q0223-01128
,l - [A
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 15.66' N01'37'23"W
L2 129.01' N24'26'46"E
L3 10.58' S46'29'56"E
L4 123.24' S24'26'46"W
L5 10.40' S01 '37'23"E
L6 10.42' S71'57'49"W
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
onsulting Engineers
HUNT PLACE LOT 4 [RREV. CALE: 1" = 50'
[1215 nnoni Associates Inc.
TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11
N BY: SGS
f-O!!?9 1 SANITARY SEINER EASEMENT REV.:
BY:
Manor Drive Site 100 PIN 38-08-0585-099 WG f
anicsburg. 6 17055 SILVER SPRING TOWNSHIP
(717) 975-6481 OB ?: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA HEET: 1 OF 1
Ex k; b;TT D
3 '
/ TRIPLE CROW',., \,w, ' z
CORPORA 77ON IN
PIN 38-08-0565-0
lNS1(ZUMENT 120100346
8
HUNT PLACE LOT 14
L4 U -
e 0, c?
SILVER SJ? TmK49
PIN 38 288
00It1 28Q-
DEED 8 011
2 -01128
N - -
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
PROPOSED 10'
SANITARY EASEMENT
AREA: 13.440 S0. FT.
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
FLOW -
ING ._. c
°io1, TR1NDL6
TRIPLE CROWN CORPORATION INC.
S N
a
`o
2D
91RON,
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennon! Associates Inc.
Consulting Engineers
(f?
1215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
227
00112
RT
SEWER EASEM ENT LINE TABLE
-, LINE LENGTH BEARING
L1 10.58' N46 '56"W
L2 42.56' N24'26'46"E
L3 55.61' S87'10'08"W
L4 6.91' N46'29'56"W
L5 61.64' N87'1 0'08"E
L6 138.81' N24'26'46"E
L7 344,25' N23'42'1 6"E
L8 673.59' N49'27'07"E
L9 22.35' N48'43'1 0"E
L10 10.02' S37'43'43"E
L11 21.80' S48'43'1 0"W
L12 448.91' S49'48'05"W
L13 222.48' S48'44'49"W
L14 342.03' S23'42'1 6"W
L15 218.64' S2426'46"W
SEWER EASEMENT CURVE TABLE
CURVE LENGTH RADIUS ANGEN DELTA CHORD BEARING DISTANCE
1 29.17' 50.00' 15.01' 33'25'34" N26'47'1 7"E 28.76'
HUNT PLACE LOT 5
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT
PIN 38-08-0565-010
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" = 100'
DATE: 01/20/11
DWN BY: SGS
REV.:
REV. BY:
DWG #:
JOB #: SSPA 00119
SHEET: 1 OF 2
n
'00e77
I
PROPOSED 10'
SANITARY EASEMENT
AREA: 13.440 SO. FT. \
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT NIF
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
1,1 ....? INSTRUMENT #201003468
HUNT PLACE LOT #5
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01-i. EA
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Lj SIP/Np?. `` -°. \.
04
04 Q NIF ?..
TRIPLE CROWN CORPORA TION INC.
PIN 38- 08- 0565- 010
_ INSTRUMENT #201003468
HUNT PLACE LOT #5
l / N/F
JOHN M. EDRIS
PIN 38-08-0565-006
DEED BOOK 00138-0052
650 MULBERRY DRIVE
111
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates Inc. HUNT PLACE LOT 5 SCALE: 1- = 100'
Consulting Engineers DATE: 01 /20/11
1RINDLE SPRING RUN INTERCEPTOR DWN BY: SGS
Paann0,r1I SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Site 100 PIN 38-08-0565-010 DWG #:
Mechanicsburg, PA 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 2 OF 2
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the JAS, day of oa-dam , 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 -t 4h
day of 2011.
ATTEST:
ecretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
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 TRIPLE CROWN
CORPORATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. t lg8l0 0'i V i ITrr??
EMINENT DOMAIN - IN REM-
r
Nr
11
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
OC7? 2.6 , 2011, in the Court of Common Pleas of Cumberland County at the
above named term and number.
2. A portion of your properties, known as Tax Parcel No. 38-08-0565-099 and Tax
Parcel No. 38-08-0565-010, have 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.
By:
SteN
Solicitor for Silver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
(717) 903-1268
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 TRIPLE CROWN
CORPORATION
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:
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-
09, duly adopted by the Board of the Authority at a public meeting held on September 21, 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.
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 a
temporary construction easement for the purpose of constructing a sanitary sewer line extension
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. Plans (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. Plans 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 By'
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-09
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 Triple Crown Corporation, Hunt Place Lots 4 and 5,
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 Exhibits "A" through "E" 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 Exhibits "A" through "E" 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- 2011-09 this 215` day of September, 2011 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By-
?;s? Secretary Chairman
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
HUNT PLACE LOT 4
PIN 38-08-0565-099,
INSTRUMENT #201003468
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 northerly right-of-way of Mulberry Drive at the
southwest property comer of Triple Crown Corp. Inc. Thence North 71 degrees 57
minutes 49 seconds East, a distance of 103.27', to the POINT OF BEGINNING. Thence
North 01 degrees 37 minutes 23 seconds West, a distance of 15.66', to a point. Thence
North 24 degrees 26 minutes 46 seconds East, a distance of 129.01', to a point. Thence
South 46 degrees, 29 minutes 56 seconds East, a distance of 10.58', to a point. Thence
South 24 degrees, 26 minutes, 46 seconds West, a distance of 123.24', to a point.
Thence South 01 degrees, 37 minutes 23 seconds East, a distance of 10.40', to a point.
Thence South 71 degrees, 57 minutes, 49 seconds West, a distance of 10.42', to the Point
of Beginning. Containing 1,392 square feet (0.03 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.
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PIN 38-08-0565-010
INSTRUMENT #201003468
{ 'HUNT PLACE LOT #5
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PIN 38-08-0565-099
IMSTRUMENT #201003468
I°'IUNT PLACE LOT #4
-PROPOSED 35' 9MPORA Y
CONstRUCTION kASEMENT
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PIN 38-21-0289-288 t ' Fr i f tir v
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DEED BOOK. 0223-01128
c:a E +E ri 7")
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 15.66' N01'37'23"W
L2 129.01' N24-26.46"E
L3 10.58' S46'29'56"E
L4 123.24' S24'26'46"W
L5 10.40' S01 '37'23"E
L6 10.42' S71'57'49"W
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates Inc. HUNT PLACE LOT 4 [RE CALE: 1" = 50'
Consulting Engineers DATE: 01/20/11
TRINDLE SPRING RUN INTERCEPTOR N BY: SGS
SANITARY SEWER EASEMENT REV.:
V. BY:
1215 Manor Drive Site 1DD PIN UmOS-0565-099 WG Mech(717) 9x756;7055 SILVER SPRING TOWNSHIP OB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA HEET: 1 OF 1
LEGAL DESCRIPTION FOR
SANITARY SEWER EASEMENT
HUNT PLACE LOT 5
PIN 38-08-0565-010.
INSTRUMENT #201003468
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 northerly right-of-way of Mulberry Drive at the
southeast property comer of Triple Crown Corp., Inc. Thence North 46 degrees 29
minutes 56 seconds West, a distance of 85.95', to the POINT OF BEGINNING. Thence
North 46 degrees 29 minutes 56 seconds West, a distance of 10.58', to a point. Thence
North 24 degrees 26 minutes 46 seconds East, a distance of 42.56', to a point. Thence
South 87 degrees, 10 minutes 08 seconds West, a distance of 55.61', to a point. Thence
North 46 degrees, 29 minutes, 56 seconds West, a distance of 6.91', to a point. Thence
along a curve to the left having a radius of 50.00', an arc length of 29.17', a chord of
North 26 degrees, 47 minutes, 17 seconds East, a distance of 28.76', to a point. Thence
North 87 degrees, 10 minutes 08 seconds East, a distance of 61.64', to a point. Thence
North 24 degrees, 26 minutes, 46 seconds East, a distance of 138.81', to a point. Thence
North 23 degrees 42 minutes 16 seconds East, a distance of 344.25', to a point. Thence
North 49 degrees 27 minutes 07 seconds East, a distance of 673.59', to a point. Thence
North 48 degrees, 43 minutes 10 seconds East, a distance of 22.35', to a point. Thence
South 37 degrees, 43 minutes, 43 seconds East, a distance of 10.02', to a point. Thence
South 48 degrees, 43 minutes 10 seconds West, a distance of 21.80', to a point. Thence
South 49 degrees 48 minutes 05 seconds West, a distance of 448.91', to a point. Thence
South 48 degrees 44 minutes 49 seconds West, a distance of 222.48', to a point. Thence
South 23 degrees, 42 minutes 16 seconds West, a distance of 342.03', to a point. Thence
South 24 degrees, 26 minutes, 46 seconds West, a distance of 218.64', to the Point of
Beginning. Containing 13,440 square feet (0.31 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.
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CORPORATION
PIN 38-08-0565-0
INST(i'UMENT j020f003468
HUNT PLACE LOT 14
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PIN 38 288
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DEED 80 011
2 01128
n
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
NIF - -
TRIPLE CROWN CORPORA TION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
PROPOSED 10'
s SANITARY EASEMENT
AREA: 13.440 S0. FT.
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT
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SEWER EASEM ENT LINE TABLE
LINE LENGTH BEARING
L1 10.58' N46' '56"W
L2 42.56' N24.26'46"E
L3 55.61' S87'10'0 "W
L4 .91' N46'29'56"W
L5 61.64' N87'1 0'08"E
L6 138.81' N24.26'46"E
L7 344.25' N 3'42'16"E
L8 673.59' N49'27'07"E
L9 22.35' N48'43'1 0"E
L10 10.02' S37'43'43"E
L11 21.80' S48'43'1 0"W
L12 448.91' S49'48'05"W
L13 222.48' S48.44'49"W
L14 342.03' S23'42'1 6"W
115 218.64' S24.26'46"W
SEWER EASEMENT CURVE TABLE
CURVE LENGTH RADIUS TANGEN DELTA CHORD BEARING DISTANCE
Cl 29.17' 50.00' 15.01' 33'25'34" N26'47'17"E 28.76'
HUNT PLACE LOT 5 SCALE: 1" = 100'
ngineers DATE: 01/20/11
TRINDLE SPRING RUN INTERCEPTOR DWN BY: SGS
FMonor ciates Inc.
j?W SANITARY SEWER EASEMENT REV.:
REV. 8Y:
e Suite 100 PIN 38-08-0585-010 DWGPA 17055 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
5-6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: l OF 2
EXh, bi 7- L::-
PROPOSED 10'
SANITARY EASEMENT -
AREA: 13.440 S0. FT.
/ PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT N/F
TRIPLE CROWN CORPORA TION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
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TRIPLE CROWN CORPORATION INC.
PIN 38- 08- 0565- 010
INSTRUMENT #201003468
HUNT PLACE LOT #5
N/F
l JOHN M. EDRIS
PIN 38-08-0565-006 138- `T ?hRYO DE650BMDLBERRY DRIVVE2
,pl ?
sJ ??
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates inc. HUNT PLACE LOT 5 SCALE: 1" = 100'
Consulting Engineers TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11
DI BY: SGS
SANITARY SEWER EASEMENT REV. B REV.:
Y:
11215 Manor Drive Site ,00 PIN 38-08-0565-010 DWG:
Mechanicsburg, PA 1055
(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'', 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
215" day of September, 2011.
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EXHIBIT "B"
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N/F
-"TRIP4E CROWN CORPORATION INS:
`PIN 38-08-0565-099
INSTRUMENT #201003468
t•IUNT PLACE LOT #4
-PROPOSED 35' nMPORAeY
NIF
7wx?M?TL CROWN CORPORATION INC.
PIN 38-08-0565-010
L3" INV 7RUMENT #201003468
4, - ,, HUNT PLACE LOT #5
CONS'T'RUCTION KASEM T
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VER SPRING TOWNSHIP _-.__
PIN 38-21-0289-288
.s DEED BOOK P0223-01128 -----...
SEWER EASEMENT LINE TABLE
LINE LENGTH BEARING
L1 15.66' N01'37'23"W
L2 1 9.01' N24-26'46'E
L3 10.58' S46'29'56"E
L4 123. 4' S24' 6'46"W
L5 10.40' S01 '37'23"E
I L6 10.42' S71'S7'49"W
PPRO ERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
HUNT PLACE LOT 4 SCALE: 1" = 50'
ineers TRINDLE SPRI NG RUN INTERCEPTOR
DWN BY: SGS
FManorDrive tes IncDATE: 01/20/11
SANITARY SEWER EASEMENT REV.EBY:
Site 100 PIN 38-08-0585-099 DWG PA ,7DSS SILVER SPRING TOWNSHIP JOBSSPA 00119
6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
- ., .? \ . •.. "' -.rte-t-.
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TRIPLE CROWN'
CCRPORA77ON INC r.
-08-0565-
PIN 38
INSTWENT 420100346
HULVT PLACE LOT kj4
L4
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OJ X?
124 A
SILVER S7?N T?W9VSIlP
PIN 38 28 -288
DEED BOO , 23-01128
a,, lje
NOTE: LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNON[ ASSOCIATES, INC.
Pennoni Associates Inc.
Consulting Engineers
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
i i
N/F
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
INSTRUMENT ,#201003468
HUNT PLACE LOT #5
T PROPOSED 1,0'
7 r SANITARY EASEMENT
j' AREA: 13.440 SO. FT.?
PROPOSED 35' TEMPORARY
- CONSTRUCTION EASEMENT-A
INID) IN
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, TRIPLE CROWN CORPORATIQN. INC: W
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2IRON OURT
SEWER EASEM ENT LINE TABLE
-, LINE LENGTH BEARING
L1 10.58' N46 '56"W
L2 42.56' N24'26'46"E
L3 55,61' 711 0*08*W
L4 6.91' N46'29'56"W
L5 6.64' N87'10'08"
L6 138.81' N242 '46"E
L7 N2 ' '16"E
LS 673.59' N4927'07"E
L9 22.35' N48'43'1 0"E
L10 10.02' S37'43'43"E
L11 2.80' S48'43'1 0"W
L12 448.91' S49'48'05"W
L13 222.48' 48'44'49"W
L14 342.03' S23'4 '1 "W
L15 218.64' S24'26'46'W
SEWER EASEMENT CURVE TABLE
CURVE LENGTH RADIUS ANGEN DELTA CHORD BEARING DISTANCE
Cl 29.17' 50.00' 15.01' 33'25'34" N26-47.17"E 213 ,
HUNT PLACE LOT 5
TRINDLE SPRING RUN INTERCEPTOR
SANITARY SEWER EASEMENT
PIN 38-08-0585-010
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY. PENNSYLVANIA
SCALE: 1' =107-
DATE: 01 /20/11
DWN BY: SGS
REV.:
REV. BY:
DWG #:
JOB f SSPA 00119
SHEET: 1 OF 2
h, bi T- t::,-
PROPOSED 10' - ``
SANITARY EASEMENT -
r AREA. 13.440 SO. FT.
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT N/F
- TRIPLE CROWN CORPORA TION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
F_ A Sf I? _ .M . 'c:...w. ..J,"
03
F- ?j
00
14
F- C4 N/F
a TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
PPRO ERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
/ N
JOHN M EOR/S
44 PIN 38-08-0565-006
DEED BOOK 00136-005:
650 MULBERRY DRIVE
SCALE: 1• a 100
FMonor ciates Inc. HUNT PLACE LOT 5 DATE: 01?20?11
ngineers TRINDLE SPRING RUN INTERCEPTOR
DWN BY: SGS
1?t SANITARY SEWER EASEMENT REV.:
REV. BY:
e Suits 100 PIN 38-08-0585-010 DWG:
5-6 6481 17055 SILVER SPRING TOWNSHIP JOB f: SSPA 0 0119
CUMBERLAND COUNTY, PENNSYLVANIA 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 0 d , 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
day of ? 2011.
ATTEST:
ecretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
EXHIBIT `B"
F--)( In i b I T IS
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NIF
CROWN CORPORA AON INC.
PIN 38-08-0565-010
r INtTRUMENT ,{201003468
\ /{'".,.,HUNT PLACE LOT ,f5
%s N/F
/TRIP4E CROWN CORPORATION INC.-
PIN 38-08-0565-099
INSTRUMENT #201003468
HUNT PLACE LOT #4
-PROPOSED 35' _n PORA Y
CONStRUCTION KASEMENT
.15?0 10'
?Sp
P:0,8. Cs ?` J J SANIIAW r. EItSEMG
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VER SPRING TOWNSHIP -% r l r rl,rf r ., d n
.?' PIN 38-21-0289-288 L
DEED BOOK pO223-01128 1 1 }
E'A SO
1
SEWS -EASEMENT LINE TABLE
LINE LENGTH BEARING
15.66' N01'37'23"W
1 9.01' N 4' 6.46"E
10. 8' S46'29'56"E
123.24' S24' 6'46"W
10.40' S01 *37'23"E
10.42' S71'S7'49"W
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
SCALE: 1" = 50'
Pennoni Associates Inc. HUNT PLACE LOT 4 DATE: 01?20?11
Consulting Engineers TRINDLE SPRING RUN INTERCEPTOR
DWN BY: SGS
wwwnl SANITARY SEWER EASEMENT REV.EBY:
1215 Manor Drive Site 100 PIN 38-08-0565-099 DWG f:
Mechanicsburg. PA 17055 SILVER SPRING TOWNSHIP JOB f SSPA 00119
(717) 975-6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
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i TRIPLE CROWN'•,
CORPORA77ON /Nk. \lc
PIN 38-06-0565-OW
INSI(7UUENT,0"20100346
HUNT PLACE LOT if4 ?
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SILVER S
PIN 38-
DEED BOA
T?WNSH/P'
M '8 -288
23F-01128
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
PROPOSED 10'
c SANITARY EASEMENT
AREA: 13.440 SO. FT.
PROPOSED 35' TEMPORARY ?
_ CONSTRUCTION EASEMENT
FLOW
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TRIPLE CROWN CORPORATI_QN_ ul
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P 4 H
104D DON DIGLIO
I 3 21- 8 -227
00 W--00112
2/RON OURT
SEWER EASEM ENT LINE TABLE
- UNE LENGTH BEARING
Lt 10.58' N 4629'56"W
L2 42.56' N2426'46"E
L3 55.61 77 '0 "W
L4 6.91' N46 9'56"W
L5 1.64' N871 0'08"E
L6 138.81' N2426'46"E
L7 344.25' N2 '4 '16"E
L8 673.59' N49'27'07"E
L9 2.35' N48'43'10"E
L10 10.02' S37'4 '43"E
L11 1.80' S48'43'1 0"W
L12 448.91' S49'48'05"W
L13 222.48' S4844'49"W
L14 342.03' S23'4 '16"W
L15 218.64' S24 6'46"W
SEWER EASEMENT CURVE TABLE
CURVE LENGTH RADIUS ANGEN DELTA CHORD BEARING DISTANCE
1 9.17' 50.00' 15.01' 33'25'34" N26'47'17"E 28.76'
HUNT PLACE LOT 5 SCALE: 1" - 100"
Pennoni Assxiates Inc. TRINDLE SPRING RUN INTERCEPTOR OATS: 01/20/11
Consuitinq Engineers
DWN BY: SGS
9 SANITARY SEWER EASEMENT REV.:
PIN 38-08-0585-010 REV. BY:
1215 Manor Drive Suite 100 DWG #:
Mechanicsburg, PA 17055 SILVER SPRING TOWNSHIP JOB t SSPA 00119
(717) 975-6481
CUMBERLAND COUNTY. PENNSYLVANIA SHEET: l OF 2
EXh, bi T
1
PROPOSED 10'
SANITARY EASEMENT
eRGe• 13,440 SO. FT.
PROPOSED 35' TEMPORARY
CONSTRUCTION EASEMENT N/F
TRIPLE CROWN CORPORATION INC.
PIN 38-08-0565-010
11 \ ?__ INSTRUMENT #201003468
_ -- -? HUNT PLACE LOT #5
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a - TRIPLE CROWN CORPORA TION INC.
?- PIN 38-08-0565-010
INSTRUMENT #201003468
HUNT PLACE LOT #5
/ l JOHN M EDR/S
PIN 38-08-0565-006
(/ DEED BOOK 00136-0OSS
t y 650 MULBERRY DRIVE
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
SCALE: 1' : 100'
F7Manor tes Inc. HUNT PLACE LOT 5 DATE: 01/20/11
ginee rs TRINDLE SPRING RUN INTERCEPTOR DWN BY: SGS
SANITARY SEWER EASEMENT REV.:
REV. BY:
PIN 38-08-0565-010 DWG f:
Suite 100
PA 1705SILVER SPRING TOWNSHIP JOB #: sst'A 00119
6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET- 2 OF 2
a A I%k
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
PENNSYLVANIA
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY TRIPLE CROWN
CORPORATION
IN THE COURT OF COMMON ?g • S r. _.:
CUMBERLAND COUNTY, --
> G -
-<. i p
,.•
NO. 11-7986 Civil Term= c -- _
C= G ,
EMINENT DOMAIN - IN REM CIJ .
PROOF OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do
hereby 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:
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg, PA 17112
Graystone Bank
112 Market Street
Harrisburg, PA 17101
Su#rem-e"Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
A N.
¦ Complete items 1, 2, and 3. Also complete
item 4 if Resbricted Delivery Is desked.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpieae,
or on the front if space permits.
1. Article Addressed to:
L 7-
A.
0 Agent
B,Xwceive'd.bpt.(Afntsd Name) C. Date of Delivery
\e" %< a ( )F,,'4z \o/a\l \\
D. Is delivery address ditw t from item 1? 0 Yes
If YES, enter delivery address below: 0 No
service Iwo
ed Mau D Express Mail
/ 3 Registered 0 Realm Receipt for Merdarndbe
0 insured Mau 0 C.O.D.
4. Restricted Delivery? Aft Fee) 0 Yes
2. Article Number 7007 2680 0002 6161 5827
Mans* from service kw
PS Form 3811. February 2004 Domestic Return Receipt 102%5-02-WI5401
• Cornplets items 1, 2, and 3. Also Wnpiete
Item 4 9 Reetricted Delivery is deeked.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permks.
1. Article Addressed to:
a _
X ?Aqent
??, I I - U Addressee
B. bkelvej by (Printed !Yams)
D. Is delivery, tint item 1? 0 Yes
ff YES. Ab ??,.., ,No
OCT 2 1 ZUri
a Seryloo ?;
mail
u
Receipt for Merchandise
? Insured Mail 0 C.O.D.
4 Restricted Delivery? pft Fag) 01fea
2. Article Number
7007 2680 0002 6161 5834
M wafer bom service k1"
PS Form 3811, February 2004 Domestic Return Receipt 11 1840
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 TRIPLE CROWN
CORPORATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-7986 Civil Term
EMINENT DOMAIN - IN REM
MEMORANDUM OF FILING OF NOTICE
TO THE PROTHONOTARY:
Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, as instrument no.201129046.
By:
Solicitor for ilver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
(717) 903-1268
F i
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:
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. /_ +.
CERTIFICATE OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for the Silver Spring Township Authority, do hereby
certify that on October 25, 2011, I served the foregoing Memorandum of Filing of Notice by first
class mail, postage pre-paid upon the following:
Triple Crown Corporation
5351 Jaycee Avenue
Harrisburg, PA 17112
Graystone Bank
112 Market Street
Harrisburg, PA 17101
squire
Supreme Court ID# 44859
23 Waverly Drive
Hummelstown, PA 17036