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HomeMy WebLinkAbout12-4507 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 WILLIAM H. GERMAN, III AND HOLLY E. TROUP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 EMINENT DOMAIN -- IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: c =rn r?- ° C a 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 5 Willow Mill Park Road, Suite 3, Mechanicsburg, PA 17050. 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 maintaini the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-201 20, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 in the x/03.7 ell 3 2 P-?* -2 79 I ?'OIAJ 7 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 thel 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, 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 set forth on Exhibit "B". 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, 1 Courthouse Square, Carlisle, PA. 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 is 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\ EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-20 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 for purposes of constructing a new sanitary sewer main line on the property now owned by William German, 14 West 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 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, 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 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 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 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 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 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 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-2012-20 this day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: 6crieta;ry Chai an 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 I-C , 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. ?` C`? IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this r day of ,J E .-- , 2012. (SEAL , retary ?-1 , I I ' I' PETTIS, BRET 16 ? W WILLOW TERRACE DR )3 /V 38-17-1023-024 __. .. _, t a e r } N-1 EASEMENT GERMAN, WILLIAM \ 2090 SQ. 14 W WILLOW TERRACE DR 1 PIN 38-17-1023-023 DEEDBOOK 0028S-00377 r t ? O ?.. ..:i.. .`. _ PROPOSED 0' SANITARY EASEMENT _ SMITH, MICKEY ?G 12 W WILLOW TERRACE OR f*1 PIN 38-17-1023-023A 4C7 DEEDBOOK 00271-00842 } 1 1 } y - NOTE: LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO ;? e• BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. Yom`': Pennoni Associates Inc. 14 WEST WILLOW TERRACE DR SCALE: 1" 40' Consulting Engineers DATE: 10 1510 WILLOW TERRACE SEWER EXTENSION WN 11 Y: ?P0nnm1 SANITARY SEWER EASEMENT D REV.: SG REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1023-023 DWG #: Mechanicsburg, PA 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 EXHIBIT "B" T _ PETTIS, BRET 16 W WILLOW TERRACE DR 9IN 38-17-102J-024 EASEMENT A 2090 SQ. F7 PROPOSED 20' SANITARY EASEMENT GERMAN, WILLIAM \ 14 W WILLOW TERRACE DR PIN 38-17-1023-023 DEEDBOOK 0028S-00377 103 1-SMITH, MICKEY 12 W WILLOW TERRACE DR \\ P/N 38-17-1023-023A 00 `1 DEEDBOOK 00271-00842 Z v O ?1 0 1 0 NOTE: PROPERTY LINE INFORMATION SHOWN IS \ TAKEN FROM DEED(S) OF RECORD. NO 1 BOUNDARY SURVEY HAS BEEN PERFORMED l` BY PENNON ASSOCIATES, INC. .l Pennoni Associates Inc. 14 WEST WILLOW TERRACE DR SCALE: 1" 40' Consulting Engineers DATE: 10? 510 WILLOW TERRACE SEWER EXTENSION DI BY: SGS l SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Suite 100 TAX MAP 38-17-1023-023 DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 11 OF 1 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the 7AK 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 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 T 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 2012. ATTEST: etary SILVER SPRING TOWNSHIP AUTHORITY By: Chairman 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 WILLIAM H. GERMAN, III AND HOLLY E. TROUP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI) NO. nt?/ L Pj? k; a xa EMINENT DOMAIN - IN REM cn ? N c-y NOTICE TO CONDEMNEE -- L. 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. 38-17-1023-023, has been condemned for the purpose of constructing a sanitary sewer line extension and its appurtenance 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 ,-4 C;) --`7t ?D objections within thirty (30) days after being served with this notice. By: SteN Soli Attc 23 Hun (71; EXHIBIT "A" T 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 WILLIAM H. GERMAN, III AND HOLLY E. TROUP 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") through its Board. 2. The address of the Condemnor is 5 Willow Mill Park Road, Suite 3, Mechanicsburg, PA 17050. 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 the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-2012- 20, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 in 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, 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 set forth on Exhibit "B". 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, Courthouse Square, Carlisle, PA. 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 Takin} 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 is hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: 7/181 By\ !`ho; EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-20 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 for purposes of constructing a new sanitary sewer main line on the property now owned by William German, 14 West 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 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, 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 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 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 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 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 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 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-2012-20 this day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY I ?/ ? By: Chai an Jcretary6??! 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 SO , 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. ,1 Y IN WITNFySS WHEREOF, I set my hand and official seal of the Authority, this Y day of 2012. 7 C G, ' retary (SEAQ. l/1, i ?t N' rf 70 9 ' 1 v ` O Z °v 0 c PETTIS, BRET 161 W WILLOW TERRACE DR AJN 38-17-1023-024 l ; EASEMENT A A GERMAN, WILLIAM \ t 2090 SQ. F 14 W WILLOW TERRACE DR u 1 PIN 38-17-1023-023 '. DEEDBOOK 0028S-00377 PROPOSED 20' SANITARY EASEMENT SMITH, MICKEY \ 12 W WILLOW TERRACE DR \ `% PIN 38-17-1023- 023A _ V DEEDBOOK 002 71- 00842 Y y PROPERTY LINE INFORMATION SHOWN IS 1 TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. t t a0 o " x Pennoni Associates Inc. 14 WEST WILLOW TERRACE DR SCALE: 1' = 40' Consulting Engineers DATE: 1 /15/10 WILLOW TERRACE SEWER EXTENSION DWN BY: SOS ----?wn SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1023-023 DWG: Mechanicsburg, PA ,loss (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: S A 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1 EXHIBIT "B" PROPOSED` 20' C? J n PIN 38-17-1023-02,5A C7 ,, DEEDBOOK 002 71- 00842 Z 7C .? \ NOTES ` PROPERTY LINE INFORMATION SHOWN IS 1 \ \ TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNON ASSOCIATES, INC. 14 WEST WILLOW TERRACE DR SCALE: 1" = 40' Pennoni Associates Inc. Consulting Engineers DATE: 10 1510 WILLOW TERRACE SEWER EXTENSION DWN BY: S CS SANITARY SEWER EASEMENT REV.: REV. BY: 215 Manor Drive Site 100 TAX MAP 38-17-1023-023 DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSA 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET. 1 F 1 EASEMENT 2090 SQ. 0 PETTIS, BRET W WILLOW TERRACE DRI UN 38-17-1023-024 GERMAN, WILLIAM C? 14 W WILLOW TERRACE DR PIN 38-17-1023-023 DEEDBOOK 0028S-00377 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the 2,d?-, 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 th owner or owners of the property and other parties in interest shall be entitled to receive after tl 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 Cou 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 t 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 2012. ATTEST: etary SILVER SPRING TOWNSHIP AUTHORITY By: Chairman EXHIBIT "B" EXHIBIT "B" I PETTIS, BRET 16 W WILLOW TERRACE DR I k SIN 38-17-1023-024 I I -4 EASEMENT A A GERMAN, WILLIAM \ IF 14 W WILLOW TERRACE OR 2090 SQ (? . PIN 38-17-1023- 023 r DEEDBOOK 0028S-00377 PROPOSED 20' ?p SANITARY EASEMENT ? f r1 C,3 ,-p ?SMITH, MICKEY 1 12 W WILLOW TERRACE DR PIN 38-17-1023 023A U O DEEDBOOK 00271-00842 Z O 1 1 PRO ERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED \ \ _ . BY PENNONI ASSOCIATES, INC. 14 WEST WILLOW TERRACE DR SCALE: 1" = 40' Pennonl Associates Inc. Consulting Engineers DATE: 10 /15/10 WILLOW TERRACE SEWER EXTENSION DWN BY: S S Penn 1 SANITARY SEWER EASEMENT REV.: TAX MAP 38-17-1023-023 REV. BY: 1215 Manor Drive Suite 100 DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: s A 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1 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. 12-4507 Civil Term c-? r LANDS OWNED BY WILLIAM H. EMINENT DOMAIN - IN REM GERMAN, III AND HOLLY E. TROUP m ; M;:0 c-J cn r ? PROOF OF SERVICE z' n a ?o I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority , doby= 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: William H. German, III and Holly E. Troup 14 West Willow Terrace Drive Mechanicsburg, PA 17050 St? Stine, Esquire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Q C) ?r C) ¦ Complete Items 1, 2. and & Also oomplete Item 4 If Restricted Delivery Is desired. ¦ 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 malipieos, or on the front if space permits. 1. Article Addressed to: W,I ??) h 4-Cyj A'Q4 JUL 2 3 9 S M w Mall 0 Registered 0 Redxn Reoalpt for Merchandise 0 i mured and 0 C.O.D. 4. Restricted DeiNeryr Pft Feel 0 lies 2. ArtidsNumbw 7007 2680 0002 6159 6379 (1lensfer f m sewlce ftW PS Form 3811, February 2004 Domestic Return Reoelpt i-M-,soo 4 If Retricted2D desired ftwn Is rint your name and address on the reverse ¦ P A x 0 Agent Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, 8. M ?f ? C. Date of Delivery or on the front N space permits V . 0 Y 1. Article Addressed to. j 6 ?t ( l I q , W lu W I%ffm D. is ff YES, es dnrerent fiom iesm ,? del below: ? No MtCHANICs f?0 ?G -? & IW• J 0 Rep ps 0 Mendmndlee 0 insured Ma Fetjzx: 4. Restricted D~pF*s Fee) 0 Yes 2. ArticleNwrbsr 7007 2680 (kansier lrom se?vMs 0002 6159 6386 PS Form 3811, February 20% Domestic Return Receipt 102595-024+1540 IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COI.INTY, PENNSYLVANIA, OVEK LANDS OWNED B`.( WILLIAM H. GERMAN, III AND HOLLY E. TROUP r-; IN THE COl1RT OF COMMON PLEAS r-~ -- , ~''I PENNSYL~ ~ CUMBERLAND COUNTY A~, --~ : - , rTip © - _ ~i__! r~ s ~ --~ ~ 12-450 i CIVIL "" NO ~ ~ . C1)~ N ~~) -.;r• .~ ---~ ~ , .~-~• c ~ c'' Y, EMINENT DOMAIN - IN REM :~. _. ~.a -.. k -' .. _, cw , , - PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION PURSUANT TO 26 Pa.C.S.A. SECTION 522 TO THE HONORABLE JUDGES OF SAID COURT: Silver Township Authority is a municipality authority with offices at 5 R%illow Mill Park Road, Suite #3, Mechanicsburg, PA 17050 (the "Authority'') On July 20, 2012, the Authority filed a Declaration of Taking in the above,- captioned case. 3. By letter dazed September 28, 2012, a copy of which is attached hereto as Exhibit "A", the Condemnees listed on the Proposed Schedule of Distribution, attached hereto as E:~hibit "B", was offered the full amount of the Authority's estimated just compensation as payment pro tanto of their permanent sanitary sewer easement claim, without prejudice to their right to proceed to a final determination of just compensation, but the Authority was unable to make payment because the Condemnees have not acknowledged that they will surrender possession of the condemned property. 4. Upon issuance of an Order by this Court granting this Petition to Deposit F_,stimated .lust Compensation, the Authority shall file a draft made payable to the Prothonotary of this Court representing the total amount of dust compensation due the Condernnees. 5. No fee shall be charged against these funds. 2(> Pa.C.S. Section 522(b). 6. A Judge has not ruled on any other issue in this or any related matter. 7. "There is no opposing counsel of record in this matter, therefore, concurrence was not sought. 8. I. Steven A. Stine, Authority Solicitor, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the Authority, and that the averments contained and set forth in this Petition are true and correct to the best ~:~f my knowledge, information and belief, and are made subject to the penalties provided in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. WHEREFORE, to assure Petitioner's possession of the condemned propert} , if required, to which it is entitled under Section 307 of 1:he Eminent Domain Code. as amended, 26 Pa.C.S. Section 307, Petitioner respectfiully requests that the Honorable C~~~urt direct payment of the estimated just compensation into court, to be held until further Order of Court directing payment of said amount, or any part thereof.. to the condemnees and/or interested parties entitled thereto pursuant to S'~ections 307, .521 and/or 522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. ]Elespectfully submitted. ~,~ ,~ ~~ By. --°~ ' ---- STEV E, ESQ~~IRF. Attorney LD. No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717)903-1268 EXHIBIT "A" u3 Waverly Drive Law Office ~,honc:: 717.903.1268 Humrrielstown, ~'A 1 ?036 O f i<,~: 717.583.2943 en,~,il: stevcnstinc~~s>>,ittnc~t Steven A. Stine September 28, 2012 William H. German & Holly E. Troup l4 West Willow Terrace Drive Mechanicsburg, P.A 17050 Re: Condemnation of a Permanent Sanitary Sewer Easement, 14 `ilVest Willow "herrace Drive, Mechanicsburg, PA 17050; No. 12-4507 Civil Dear Mr. German and Ms. Troup: On July 20, 2012, a Declaration of Taking (the "Declaration") wa.s filed by the Silver Spring "I ownship .Authority (the "Authority") in the Court of Common Pleas of` Cumberland County at Docket No. 12-4507, which Declaration condemned a permanent sanitary sewer easement on property located at 14 West Willow 7,errace Drive, Mechanicsburg, Pennsylvania. The description of the permanent easement is attached to the Declaration. The amount of the estimated just compensation for the permanent easement is S 180.00. This amount of estimated just compensation is being; offered to you as payment of your damage claim for the permanent easement, without prejudice to your right to proceed to a final determination of just compensation. Please be advised that after twenty (20) days pass from the date you receive this letter, the Authority will present the enclosed petition to the Court of Common Pleas of Cumberland County. The Authority will not present the petition to the Court if you agree to accept the estimated just compensation and so inform the Manager of the Silver Spring 7'~~wnship Authority by October 20, 2012, and within twenty (:ZO) days of this letter: Arrange for the payment or release of all liens and encumbrances against the; payment of estimated just compensation; Prove ownership of the property if any question as to the title of the property exists; and 3. Acknowledge that you surrender or are willing to surrender possession of the condemned permanent sanitary sewer easement: and temporary construction easement. The name, address and phone number of the Authority Manager i:;: James Stevens, Authority Manager Silver Spring Township ,Authority 5 Willow Mill Park Road, Suite ##3 Mechanicsburg, PA 17050 (71.7) 591-1372 If you have any questions or need further information, please contact me. Si '~ Steven A. Stine, Authority Solicitor enclosure cc: James Stevens, Authority Manager EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBUTION NAME AND ADDRESS OF CONDEMNEES & LOCATION OF PROPERTY': Name: William EL German, III and Holly E. Troup Address: 14 West Willow Terrace Drive, Mechanicsburg, PA 17050 Location: Record Book 5-28, Page 377 Tax Parcel No. 38-17-1023-023 ES"I'IMATED JUS"T COMPENSATION: $180.00 ENCUMBRANCES: None. INTERESTED PARTIES NOTIFIED OF THE PETI~['ION TO DEPOSIT ESTIMATED JUST COMPENSATION: William H. Germa~i, III and Holly E. Troup 14 West Willow Terrace Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE [, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a copy of the foregoing Petition to Deposit Estimated Just Compensation, upon the following below- named individual(s) by first class mail, postage prepaid this 24th day of October :?012. SERVED UPON: William H. German, III and Ho11y E. Troup 14 West Willow Terrace Drive Mechanicsburg, PA 17050 ,/ ~y~,,~l.~~ `~ ~; STE`N ~ _.I QUIRE IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SII.VER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY WILLIAM H. GERMAN, III AND HOLLY E. TROUP TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLA~ COUNTY, PENNSYLVANIA ~a.~M NO.gI-4507 CNIL :EMINENT DOMAIN - IN REM PRAECIPE } c~°~ n_. , : ~~ -. -•,.~ " _ FV ~ -. V -.r f z'~ r=7 r - ~~ ~" .~. - - ^-# r, ^~ ; ~7 r.~ .:: ._ ~~.; c: - Pursuant to Order of Court, attached is a check in the amount of $180.00, payable to the Prothonotary, which is the amount of estimated just compensation due the Condemnees and/or interested parties. Dated: November 13, 2012 Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 CERTIFICATE OF SERVICE I, STEVEN A. ST1NE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe on the following below-named individuals by depositing the same in the U.S. Mail, postage pre-paid this 13~' day of November 2012. SERVED UPON: William H. German, III and Holly E. Troup 14 West Willow Terrace Drive Mechanicsburg, PA 17050 Attorney I.D.#44859