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HomeMy WebLinkAbout12-4499 IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSY4?,V AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF NO. 1 J `I' SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY TRACY L. COFFEE : EMINENT DOMAIN -- IN REM AND CYNTHIA H. COFFEE ' 5 DECLARAT ION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: c_ r-- rv C) s• ?.n 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") through its Board. 2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, N Kingstown, PA 17072-1001. 3. The Authority is authorized by the provisions of the Municipality Authorities 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 maintains the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-201 21, duly adopted by the Board of the Authority at a public meeting held on July 20, 2012 in the 5 i63 - 7S/ UCj C"3 co -1 any 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 Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" 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 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, 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 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 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: By: I EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-21 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 easement and temporary construction easement for purposes of constructing a new sanitary sewer main line on the property now owned by Tracy L. and Cynthia H. Coffee, 28 East Willow Terrace 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 easement and temporary construction 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 easement to be permanently acquired, and the easement to be temporarily acquired, all as more fully described on Exhibit "A" 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 easement and temporary easement described in Exhibit "A" 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 easement and temporary 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 easement and temporary 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 easement and temporary 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 easement and temporary 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 easement and temporary 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-2012-21 this L day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY raS^1r-ee-1 By: ar y Chairman r_ - 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 June `7,b , 2012, 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. Y--i IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this day of 4?n? 2012. k A P.O.B. ;[I 00 r-r L1- - N/F STRATFORD, WALTRAUD A 24 E WILLOW TERRACE DRIVE PIN 38-17-1025-019 DEEDBOOK 00300-00419 I L4 ? 1" fAEENT iED E?SEMEN.TJ?; t I ILL_ EASEMENT AREA 7685 SQ. FT. N/F COFFEE, TRACY L & CYNTHIA H 28 E WILLOW TERRACE DRIVE PIN 38-17-1025-017 I DEEDBOOK 0032)-00766 I SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 137.78 S59*08'21'?tL L2 j 38.86 45 00"W L3 S18*18'34"E L4 30.02 S69'41'16"W L5 70.57 N18'18'34"W L6 59.96 N23'45'00"E L7 147.30 N59'08'21 "E L8 30.00 S31-11'53"E NOTE: PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORM BY PENNON[ ASSOCIATES, INC. gineers DATE: 9 710 EMonorDrive iates Inc. 28 E WILLOW TERRACE DR SCALE: 1" 40' WILLOW TERRACE SEWER EXTENSION DWN BY. Tp SANITARY SEWER EASEMENT REV.: REV. BY: Site 100 TAX MAP 38-17-1025-017 6 17055 SILVER SPRING TOWNSHIP DOB #: SSP 00118 6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 1- EXHIBIT "B" ? -_ O E .-- EST OLLE) RR CE DRII/E I -- _ CI F - ? E - ? ? -- II 0 I . „ I (.4 I PROP SED 4 CONSTRUC N EA E ENT / o (D P POSED ' I SANITA SEME 00 P.O.B. I W L1 ' RD, WAL TRAUD M EASEMENT AREA TERRACE DRI VE 7685 SQ. FT. 17-1025-019 N/F COFFEE, TRACY L & CYNTHIA H 00300-00419 28 E WILLOW TERRACE ORIVE PIN 38-17-1025-017 0EE0800K 0032,1- 00766 I I SEWER EASEMENT LINE TABLE ? ONOppGUINET C LINE LENGTH BEARING L1 137.78 S59'08'21 " L2 38.86 45 00"W L3 S18*18'34"E _---== L4 30.02 S69'41'16"W L5 70.57 N18'18'34"W NOTE: L6 59.96 N23'45'00"E PROPERTY LINE INFORMATION SHOW N IS L7 147.30 TAKEN FROM DEED(S) OF RECORD. N59'08'21 "E BOUNDARY SURVEY HAS BEEN PER NO FORMED L8 30.00 S31-11'53"E BY PENNONI ASSOCIATES, INC. Pennoni Associates Inc. 28 E WILLOW TERRACE DR SCALE: 1" 40' Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: 9/1 /10 DWN BY ) : TDC mnmi SANITARY SEWER EASEMENT REV .: AX MAP 38-17-1025-017 REV. BY: 1215 Manor Drive Site 100 Mechanicsburg, 17055 DWG # (717) 975-6481 SILVER SPRING TOWNSHIP JOB SSPA 00 #: 118 mmm? CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 7 1 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the L* day of , 2012, 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 Coun 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 thisI day of 2012. ATTEST: O'Seetary 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 TRACY L. COFFEE AND CYNTHIA H. COFFEE IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYTixV NO. cr- EMINENT DOMAIN - IN REM z NOTICE TO CONDEMNEE C) S-' c.^ In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Sil Spring Township Authority notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed 2012, in the Court of Common Pleas of Cumberland County at above named term and number. 2. A portion of your property, known as Tax Parcel No. 38-17-1025-017, has been condemned for the purpose of constructing a sanitary sewer line extension and its 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. - T-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 TRACY L. COFFEE AND CYNTHIA H. COFFEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV . 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") through its Board. 2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, N Kingstown, PA 17072-1001. The Authority is authorized by the provisions of the Municipality Authorities 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 the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-20 21, duly adopted by the Board of the Authority at a public meeting held on July 20, 2012 in T 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" 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 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, 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 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 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. T 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 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 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 T 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 referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: 1, ?? ?Z By: EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-21 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 easement and temporary construction easement for purposes of constructing a new sanitary sewer main line on th property now owned by Tracy L. and Cynthia H. Coffee, 28 East Willow Terrace 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 easement and temporary construction 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 Mat and the advice of its engineer and other advisors, has selected the easement to be permanently acquired, and the easement to be temporarily acquired, all as more fully described on Exhibit "A" 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 easement and temporary easement described in Exhibit "A" on terms and conditions deemed advantageous to the Authority in light of the public objectives of the Authorit and the necessity to take title to this permanent easement and temporary 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 easement and temporary easement in order to complete the sanitary sewer construction project. 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 easement and temporary easement taken, making an offer to acquire the 1 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 easement and temporary 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 ani directed to take the permanent easement and temporary 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. 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 th4 intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A-2012-21 this (r day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: retary Chairman T 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 June, 2012, 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 ?-t dayof 2012. :O UZI ?'. O ' ` • I ?G 1 i ? ? j l l ?? _ L l II N li` PROP SED I? W CONSTRUC N EA ENT /?. o _ P POSED 3D? Ell SANITA YISEMEN P.O.B. oo , I r EASEMENT AREA N/F STRATFORD, WALTRAUO 7685 SO. FT. 24 £ WILLOW TERRACE DRIVE N/F COFFEE, TRACY L & CYNTHIA H PIN 38-17-1025-019 28 E WILLOW TERRACE DRIVE DEEDBOOK 00300-004 1 9 PIN 38-17-1025-017 DEEDBOOK 0032J- 00766 I SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 137.78 S59*08'217-tL L2 I 38.86 45 00" W L3 S18'18'34"E 30.02 S69'41'16"W L5 70.57 N18'18'34"W L6 59.96 N23'45'00"E L7 147.30 N 59'08' 21 "E L8 30.00 S31'1 1'53"E NOTE: PROPERTY LINE INFORMATION OWN IS TAKEN FROM DEED(S) OF REC D. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. FManor ciates inc. 28 E WILLOW TERRACE DR SCALE: = 40' ngineers WILLOW TERRACE SEWER EXTENSION DATE: /17/10 DWN BY: TDC f!T! ? SANITARY SEWER EASEMENT REV.: REV. BY: e Suite 100 TAX MAP 38-17-1025-017 DWG #: 1055 SILVER SPRING TOWNSHIP JOB #: SSPA 00118 -6 6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: j OF 1 EXHIBIT "B" I 0 E EAS_TL0 0E 0E- 0 CE DRI 4 P.O.B. RD, WAL TRAUD M ' TERRACE DRIVE 17-1025-019 00300-00419 (n W u /. CONSTRUC N EA E ENT L, o P POSED i F ( SANITA SEME l m I L1 ' EASEMENT AREA 7685 SO. FT. N/F COFFEE, TRACY L & CYNTHIA H 28 E WILLOW TERRACE DRIVE PIN 38-17-1025-017 I DEEDBOOK 0032?-00766 I SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 137.78 S59*08'211YIL L2 38.86 45 00"W L3 S18*18'34"E ?-== L4 30.02 S69'41'1 6"W L5 70.57 N18'18'34"W L6 59.96 N23'45'00"E L7 147.30 N 59'08' 21 "E L8 30.00 S31'1 1'53"E I ICONODOGUINET ?.- 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. 28 E WILLOW TERRACE DR SCALE: 1" = 40' Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: 9/17/10 DI BY: TD wmwni SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1025-017 DWG Mechanicsburg, PA 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the Z4?\ day of , 2012, 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 owner or owners of the property and other parties in interest shall be entitled to receive after 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 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. T SEALED with the Silver Spring Township Authority seal and duly executed this 2N day of 2012. ATTEST: oSeetary SILVER SPRING TOWNSHIP AUTHORITY By: Chai an EXHIBIT "B" © I EAS0?V RR CE DRl1/E OE 0E 0E-- L4 PROP SED CONSTRUC N EA E ENT P POSED ' o I U' SANITA SEME o o P.O P.O.B. C w / m I L1 EASEMENT AREA RD, WAL TRAUD M 7685 SQ. FT. TERRACE DR/ VE N/F COFFEE, TRACY L & CYNTHIA H 17-1025-019 28 E WILLOW TERRACE DRIVE 00300-00419 PIN 38-17-1025-017 I DEEDBOOK 0032J- 00766 I I I SEWER EASEMENT LINE TABLE ?CONODOGUINET LINE LENGTH BEARING _ E L1 137.78 S59'08'21 L2 38.86 4? 00"W L3 S18'18'34"E _- -=_- L4 30.02 S69'41'16"W L5 70.57 N18*18'34"W NOTE: L6 59 96 N23'45'00"E PROPERTY LINE INFORMATION SHO WN IS . TAKEN FROM DEED(S) OF RECORD NO " ' . L7 147.30 21 E N59'08 BOUNDARY SURVEY HAS BEEN PE RFORMED L8 30.00 S31'11 1'53"E BY PENNONI ASSOCIATES, INC. ACE DR SCALE: 1" = 40' Pennoni Associates Inc. 28 E WILLOW TERR Consulting Engineers DATE: 9/ 17/10 WILLOW TERRACE SEWER EXTENSION DWN BY TD : Pen SANITARY SEWER EASEMENT REV.: 1025-017 17 REV. BY: - TAX MAP 38- DWG 1215 Manor Drive Suite 100 #: Mechanicsburg, PA 17055 SILVER SPRING TOWNSHIP JOB #: SSP 00118 (717) 975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET:1 0 7 1 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. I2-4499 Civil Term SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER -Va LANDS OWNED BY TRACY L. COFFEE : EMINENT DOMAIN - IN REM xrn r AND CYNTHIA H. COFFEE . - r- Z: _..{ C > ° c-)s -, 8 PROOF OF SERVICE D c -- x _m °= r_ I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do reby 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: Tracy L. Coffee and Cynthia H. Coffee 28 East Willow Terrace Drive Mechanicsburg, PA 17050 Fulton Bank 132 Old York Road New Cumberland, PA 17070 ,, squi_re Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 ¦ Complete Items 1, 2, and S. Also mnpkft Item 4 If Restricted Delhrery Is deskad. ¦ 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 maiipiece, or on the front If space permits. 1. Article Addressed to: 76 2K' St W' ?tUI-M'e-Pr, i (? 066 A. Sigrmhre 0 Agent 8. FOceived by (P& tad Name ? C. Date of Delivery D. is delivery address menh from item 1? 0 Yes if YES, enter deomy address below: 0 No s. Servlos lype ,?%certnlea Me8 O Expnem Mog 0 Registered O RdLrn Rsoelpt for Merdmndko 0 insured Mam 0 C.O.D. 4. PAdActed Detlvery! Pft FeW 0 Yes 2. ArNdeNurr9W 7007 2680 0002 6159 6355 (IFansfier 6+om ssrvbs PS Form 3811, February 2004 Domestic Return Receipt 102695.021.15/0 i ¦ Complete items 1, 2, and S. Also OW490te item 4 if Restricted Delivery Is deal red. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: &4- fuj-6, [3 LW ? ( A l'7 b7 e) A. ? Addressee x 0 ?t 4IF !Name) C. Date of Delivery ;Peooe L ?. 7 Z 3-I Z D. is dewy address different from item 1? ? Yes ff YES, enter delivery address below: ? No a Servkfe lype '?JCWMW Msd 0 Expess Mal O Registered 0 Ft wm FADW for Merdmndiee 0 Insured Melt 0 C.O.D. 4. Peened DeYvery? Pit Fee) 0 Yee 2. Article Number 7007 2680 0002 6159 6362 (fmarwer flvm aervfos rate PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540