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Home My WebLink About05-2756 , 'I Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Condemnation by the Cumberland-Franklin Joint Municipal Authority of certain lands in the Township of Southampton, Cumberland County, Pennsylvania / Ii : NO. OJ-' ann:> CIVIL TERM : EMINENT DOMAIN - IN REM / /'/ ~ ;vlcj~.ey VIi" 114M /7' DECLARATION OF TAKING The Cumberland-Franklin Joint Municipal Authority, Cumberland County, Pennsylvania, does hereby respectfully declare that: 1. The Condemnor is the Cumberland-Franklin Joint Municipal Authority with offices located at 725 Municipal Drive Shippensburg, Cumberland County Pennsylvania. 2. The property described in Exhibit A attached hereto and made part hereof, is hereby condemned for temporary and permanent easements for the construction and maintenance of a public sewer collection system, pursuant to sections 53 C.S. ~ 5607(d)(15), 53 C.S ~ 5615, 53 P.S. ~~ 67501 and 67505, as amended and as authorized by a resolution adopted May 12, 2005, by said Condemnor. A copy of said resolution is attached hereto and made part hereof as Exhibit B. The original thereof may be examined at the office of the Authority, 725 Municipal Drive, Shippensburg, Pennsylvania. 3. The purpose of the condemnation is to own, construct and maintain a public sewer system for use by the residents of the Township of Southampton, Cumberland County, Pennsylvania. 4. A description of the property condemned sufficient for its identification is set forth in Exhibit A attached hereto and made part hereof. 5. The nature and interests in and to said property listed in Exhibit A is for the temporary or permanent easements as shown on the plans/drawings/maps available for inspection at the Cumberland-Franklin Joint Municipal Authority at 725 Municipal Drive, Shippensburg, Pennsylvania. II ~ 6. The just compensation for the taking, when determined, shall be paid out of the general funds of the Cumberland-Franklin Joint Municipal Authority. Respectfully Submitted TURO LAW OFFICES /JJtI. Y ?4~ 200.6 ~ Date / 0qf~-P_ r ~~ Richard Koch, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Authority Owner Name Address Parcel Identifier Deed Book and Page NICKEY, WILLIAM E. 1214 MEANS HOLLOW ROAD 39-41-2744-003 167, 999 - I EXHIBIT I If EXHIBIT A EXHIBIT I 13 CUMBERLAND FRA - RE~~t~Ttg~N~O~~~~~~PAL AUTHORITY . .This Resolution of the Board of Direc MUniCipal Authority (CFJMA), authorizes th~~~~i~f t~e Cumberland-Franklin Joint perman~nt easements for the installation of a pUb~ y condemnali~n for temporary and Township, Cumberland and Franklin counties, pen~:0::~i:ystem In Southampton WHEREAS, t~e CFJMA, desires to acquire temporary and permanent easements on certain tracts of land situated in Southampton Township for s 'd whioh prop.rtie' a" iden@.d " folloW" and ., p,"p,,,e, I WHEREAS, the CFJMA has been unable to reach agreement with the owners of the subject tracts to acquire the necessary easements by amicable means; and WHEREAS, 53 P.S. 9967501 and 67505 authorize Townships of the Second Class to acquire land for public sewer systems in accordance with the relevant statutory .-"iO'''. 53 C.S. ~ 5607(d)(15) and 5615(a) p"",ide Municipal Aut"",mes with th. power of Eminent Domain and 53 C.S 9 5615(b) provides that Eminent Domain exercised by a joint Authority must be in the same manner as the Township wherein the power is exercised; NOW, THEREFORE. BE iT RESOL VEO by the Boa,d of Di,,",o", of the CF JMA, thalth. AulhoffiY "ied and ,""ui" b, the 'ighl of eminent domain th"'" tempom<Y and p.nnanent .."m.ots m<>" full, "".onbed in the Ii,t - h."lo " Exhibit II p,:'. FURTHER. th. Soli"'''' to< th. CF JMA i, ","",' autho<~ad 10 fiI' with th. Courts of Common P\." of cumbe<land and F"",kiin coon"", ,n a=nl w,th th. E. 1 oomain Code of p.nn"""""ia (26 p .S. ~ 1-101 et "".), a Oed"",,on of T:~: of the lemPO'aPj and pennanent .._en" "".on"" in Exhib' "A". and 10 take an, furt"" ",ion thal m., be naCO"'" 0' d",<abt. to oan' out th. ,ntent and purposes of this Resolution. mi' R""iulion i, _ad th" /J- d., of[l!i. iY~ 2005, at a _i"" "",,,,,,\ed meeting of th. Boa'" of Oi'eo"'" of the CF JM ' - BOARD OF DIRECTORS CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY By:4~ .J .~ .rnan ::;0.0L.'15I Vle.-f C aIr t!p:rfY!'ll ..- ATTEST:M'I ~, 11\, " i , !', ./1 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Declaration of Taking upon William E. Nickey by depositing same in the United States Mail, first class, postage pre-paid on the ~day of May, 2005, from Carlisle, Pennsylvania, addressed as follows: William E. Nickey 1214 Means Hollow Road Shippensburg, PA 17257 ~ ~ ~(\ ~ '~ ~ \5'. \ ,\ -t:: ~ v.J ~ 31 0 w \ o .1 _...~ --t -C ~ ,"'i r':; L\ t....) ~ 1,1 . Owner Name Address Parcel Identifier Deed Book and Page NICKEY, WilLIAM E. 1214 MEANS HOllOW ROAD 39-41-2744-003 167, 999 EXHIBIT A II ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Condemnation by the Cumberland-Franklin Joint Municipal Authority of certain lands in the Township of Southampton, Cumberland County, Pennsylvania : NO. 05-2756 CIVIL TERM : EMINENT DOMAIN - IN REM IN THE MATTER OF DECLARATION OF TAKING The Cumberland-Franklin Joint Municipal Authority, Cumberland County, Pennsylvania, does hereby respectfully declare that a Declaration of Taking was filed with the Prothonotary of Cumberland County regarding an easement on the property of William E. Nickey. The Declaration was assigned the Docket Number of 05-2756 by the Prothonatary. The Declaration was filed the same day with the Recorder of Deeds for Cumberland County. The Recorder of Deeds has entered a record of the easement at Page 4545 of Book 717, as shown by Exhibit A. Respectfully Submitted TURO LAW OFFICES fP0f~ Q, 2~~- Date i ar Koch, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Authority ------- ,-,------ ~ c::> c.f' <- c:. z;. () ~ -0 )~}.; \::;)n' ~'S :.::~ ~:'~ \::;:. ,"" ~!~2~ ::l \ cP ~ ~~ -""1('0 61: _::-JQ :r:. -n qB of>' -::-\ -;;;p ::..c ~ - - s:- ~ ~3yLf) c IN THE COURT OF COMMON PLEAS OF CIVIL AC- JD COUNTY, PENNSYLVANIA Condemnation by the Cumberland-Franklin I Joint Municipal Authority of certain lands in the rflUE COp<yj J~;;;;~;J~~U:~I11Pton, Cumberland County, : NOO'; ? 75.. CIVIL TERM d~4Wl'{H'Iyv,f:er'A, 1'. ...... f'J." : EMINENT DOMAIN - IN REM .~:~~,.~,;~- DECLARATION OF TAKING =::-- Tne Cumberland-Franklin Joint Municipal Authority, Cumberland County, Pennsylvania, does hereby respectfully declare that: 1. The Condemnor is the Cumberland-Franklin Joint Municipal Authority with offices located at 725 Municipal Drive Shippensburg, Cumberland County Pennsylvania. 2. The property described in Exhibit A attached hereto and made part hereof, is hereby condemned for temporary and permanent easements for the construction and maintenance of a public sewer collection system, pursuant to sections 53 C.S. S 5607(d)(15), 53 C.S S 5615, 53 P.S. SS 67501 and 67505, as amended and as authorized by a resolution adopted May 12, 2005, by said Condemnor. A copy of said resolution is attached hereto and made part hereof as Exhibit B. The original thereof may be examined at the o'ffice of the Authority, 725 Municipal Drive, Shippensburg, Pennsylvania. 3. The purpose of the condemnation is to own. construct and maintain a public sewer system for use by the residents of the Township of Southampton, Cumberland County, Pennsylvania. 4. A description of the property condemned sufficient for its identification is set forth in Exhibit A attached hereto and made part hereof. 5, The nature and interests in and to said property listed in Exhibit A is for the temporary or permanent easements as shown on the plans/drawings/maps available for inspection at the Cumberland-Franklin ,joint Municipal Authority at 725 Municipal Drive, Shippensburg, Pennsylvania. ~ Cl- co c"-.! , (.r if '-11 '-, .,. p 4: 4 :~ uJJ" '._.1 L\.t. .) "