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HomeMy WebLinkAbout06-0318 IN RE:CONDEMNATION BY NORTH MIDLETON AUTHORITY OF NORTH MIDDLETON TOWNSHIP FOR PROPERTY OF GARY H. ROCKWELL and BEVERLY A. ROCKWELL FOR A SEWERLINE RIGHT-OF-WAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. t>' - ;rt CIVIL 2006 EMINENT DOMAIN PROCEEDINGS DECLARATION OF TAKING North Middleton Anthority, by its attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 North Middleton Authority (NMA) is a Municipal Authority incorporated pursuant to appropriate action of the Board of Supervisors of the Township of North Middleton, Cumberland County, Pennsylvania, and is existing under the laws of the Commonwealth of Pennsylvania and is governed by the Municipal Authorities Act of 1945, as amended and supplemented, and has a current mailing address of 240 Clearwater Drive, Carlisle, Pennsylvania. 2 Gary H. Rockwell and Beverly A. Rockwell (hereinafter referred to as the "Condemnees") are husband and wife residing at 1120 Newville Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 3 The Condemnees are the owners by Fee Simple Deed of a tract of ground located at 1120 Newville Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, a description of which is attached hereto and marked Exhibit "A". 4 NMA, the Condemnor in these proceedings, is authorized to exercise the power of Eminent Domain pursuant to 53 P.S. Section 5601 et seq. and in accordance with the Eminent Domain Code, 26 P.S. Section 1-101 et seq. 5 This condemnation proceeding was authorized by appropriate action of the Board of NMA adopted at its regularly scheduled meeting on October 17, 2005. The record of said meeting may be examined by the review of the minutes of the meeting, which minutes may be found at the office of NMA located at 240 Clearwater Drive, Carlisle, Cumherland County, Pennsylvania. 6 The purpose of condemnation is to construct a sewage collection line. 7 The property which is being condemned consists of a 5 foot wide temporary Construction Easement extending approximately 50 feet on the northern boundary line of the land of the Condemnees described in paragraph 3 above and noted on Exhibit" A", along with a General Utility Easement along a paper alley as described in paragraph 3 above and noted on Exhibit "B", which General Utility Easement is approximately 7 feet wide and 50 feet long. Said Easements are as shown on the attached Exhibit "B". 8 The nature of title acquired by NMA shall be a permanent Utility Right-of-Way and a temporary Construction Easement along with the general right for ingress and regress for purposes of maintenance and repair of mentioned sewer line which will be constructed within the Utility Easement. 9 A written legal description of the general Utility Easement and temporary Construction Easement area is as set forth on the attach Exhibit "C". 10 A plan showing the condemned property and a plan showing the entire sewage collection line project may be inspected at the offices of NMA at 240 Clearwater Drive, Carlisle, Cumberland County, Pennsylvania upon reasonable request by the Condemnees or their designated agents. 11 Just Compensation to the Condemnees has been offered by NMA to the Condemnee and is secured by the filing of a Bond without surety in accordance with the Eminent Domain Code, 26 P.S. Section 1-403. Hubert X. Gilroy, Esq re Solicitor for North . dleton Authority Broujos & Gilroy, .C. 4 North Hanover reet Carlisle, PA 17013 (717) 243-4574 \.., ... .,- \. 21-'0 - r710-" J-~~ Tax Paced #29-20-1792-017 THIS DEED MADE this J..(,Vv day of JUI 'f .1999, BETWEEN J. MIcbael Adler, a single man, and Betty L. Adler and Richard E. Adler, her husband, all of Carlisle, Cumberland County, Pennsylvania. t'GRANTORS"~ AND Gary H. Rockwell and Beverly A. Rockwel1, husband and wife, of Carlisle, Cumberland Coooty, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration ofthe sum of Seventy-Four Thousand Nine Hundred and 00/100 (S74,900.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, that said GRANTORS do hereby grant and convey in fee simple to said GRANTEES. their heirs and assigns, as lenarlts by the entireties, ALL THAT CERTAIN tract of land, together with improvements thereon. situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the middle of the public road leading from Carlisle to Newville, commonly known as Newville Road; thence in a southerly direction 207.5 feet to an iron pin in the: northern line of a 16 foot alley; thence along said alley eastwardly 50 feet to an iron pin; thence in a northerly direction along lands fonnerly of Reuben Lintner 207.5 feet to a paint in the middle ofthe aforesaid Slate Road; thence along the middle of said road westwardly SO feet to a point, the place of BEGINNING. BEING LaiNo. 13 according to the Plan of Lots of Edward R. Lay, as the same is recorded in the Office oftbe Recorder of Deeds in and for Cumberland County in Plan Book 2, Page 40. BEING improved with a dwelling house known and numbered as 1120 Newville Road, Carlisle. Cumberland County Tax Parcel No. 29-20-1792-017. e6Ui 204 PALliDGl EXHIBIT b i A '. '>", BEING the same property which Federal National Mortgage Association, by deed dated May IS, 1997 and recorded in the Office aillie Recorder ofDwis in and fot Cwnberland County in Deed Book 151. Page 940. granted and conveyed unto J. Michael Adler and Betty L. Adler. Ricbard E. Adler is included herein to convey any inte~t he may have acquired in the subject property by virtue of marriage to Betty L. Adler. This deed is given pursuant to teons of and in satisfaction of Installment Sales Agreement dated October 28, 1997 and recorded in the Office of the Recorder of Deeds aforesaid in Miscellaneous Book 560, Page 651. AND the said GRANTORS hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the said GRANTORS do hereby set their hands and seals the day and year first above written. Witness: JJ -=s-m~ J. Michael Adler .-,../ Aav hr Ur/JP-t/ Betty L. AWer ~~~ "'" "- .-< 0:"" lJ.1 f3 ~- <::> c::w~ ... ~~~~8~iQ::;H~~~ i - .-< ~ i ",::":1;:::' ~~S;:...~~~c~~"'" ":.ll... 0 GO: "'c'" cr: f:1....._~~2>~~~.. ~:Eig - [ .... ....N''''''<:~~~ ~~ ~ co ,.,"""""'<=~;c :co -. ~ ~'C>-:!i .......~..,-< e;:c-"l: <? <to --<:z>-< ~ ~ 5'", u.ic..::tt!. -J c.. ....... ~:co 'Ii i;? - < 2: g LlI ~ ~~ ;:rf @ -. = "l Ii c.::lI.J~ -, ~ "'~ '" ::> '" ~ " ~ ~, :s ~ ~~ aoui 204 p,:CtiOGZ ~ . ~ ~ "" /' $ - rr - -- - '" f1~::J .....':1~~..... ~ ~~O~:-:.:-~~;"'. :--'" 8g8g:SgJ~~g~g ~ This plan has been prepared far right-of-way acquisition only and shall not be construed as a property line survey Property lines represented hereon are from deed descriptions and reflect any inaccuracies therein. LINE L1 L2 L3 L4 L5 BEARING N 03000'59" W N 86058'53" E N 86059V1" E S 03000'59" E S 86059V1" W DISTANCE 7.02' 33.74' 16.26' 7.02' 50.00' Pa Crid North (NAD 83) NEWVILLE ROAD S.R. Q641) (Deed Line) ~ :l:J C) ~ E1ke Light Deed Book 230, Page 71 x 0 \1 f'~_e " xl . . Gary~& B~;~r!Y A:~OCkwell Dee Book 204. Pa 1001 x 29-2a-1792, 7. \1; '"' xl.., \~ Pennanent Generalx Utility Easement Roberl &: Linda Slahl Oeed Book 17 J, Page 979 o 50' ~ 100' I -..-- Veed L:ne . s----r~7JJTev . x- 't'as1 Kiiren &ve er oun)' /oX Mappmr;. New Sanitary Sewer Line Temporary Constroction Easement EXHIBIT I 'B ew Pennanent Easement e Aroa of Easement 351 Sq. Ft. (~008 Acres) PLAN OF GENERAL UllU1Y EASEMENT OVER LANDS OF Gary H. & Beverly A. Rockwell 1120 NEWVILLE ROAD 1106 COCOA. ...~UE. HERSHEY, PA 17033 (717) 533-90n FAX (717) 53+-2102 SCALE: 1"_50' 3 ('6 \bs' D. L. REIBER ASSOCIATES PROFESSIONAL LAND SURVEYORS SURVEYING.. MAPPING t GPS TECHNOLOGIES TO BE ACQUIRED BY THE NORTH MIDDLETON AUTHORITY NORTH MIDDLETON TQWNSHIP CUMBERLAND COUNTY PENNSYLVANIA DRAWING NO. 03078-046 . . . ' I, Robert A. Reisinger, verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. /-1&- tJ& Date '~~ Robert A. Reisinger (~) --. ::f -:Z \-.J - ~ ~ "-' r'<:. ~ ~'CJ '-' 'J-.; ',N v '-\ V- , '"" '" (",' ~~-) :T1 C," :-7 ~ ~\ , -. ~ ;; '---S ;'j c.) CJ " . IN RE:CONDEMNATION BY NORTH MIDLETON AUTHORITY OF NORTH MIDDLETON TOWNSIDP FOR PROPERTY OF GARY H. ROCKWELL and BEVERLY A. ROCKWELL FOR A SEWER LINE RIGHT-OF-WAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. [:(p- -7IK CIVIL 2006 EMINENT t)OMAIN PROCEEDINGS BOND KNOW ALL MEN BY THESE PRESENTS that North Middleton Authority (NMA) is held firmly bound unto Gary H. Rockwell and Beverly A. Rockwell, 1120 Newville Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania (hereinafter called "Owners"), for such damages as the said Owners shall be entitled to receive either upon agreement or as may be assessed in the manner provided by law as a result of taking of Owner's property as described in the Declaration of Taking to the above term and number, to which payment well and truly to be made NMA does bind itself, its successors and assigns. NMA has condemned the property described in the Declaration of Taking to the above term and number and cannot agree with the Owners of said land upon the Just Compensation to be paid for the damages sustained by the Owners as a result, nor has NMA been able to reach an agreement with respect the Owners conveying the nature of title taken by NMA in the Declaration of Taking. NOW THE CONDITION of this bond is such that if NMA, the Obligor herein, shall pay or cause to be paid such amount of damages as the said Owners of the property and other parties and interests shall be entitled to receive by reason of such condemnation, after the same shall be agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise to be and remain in full force and effect. IN WITNESS W~REOF, NMA has authorized this instrument to be executed by its Chairman this ~ day of 6 A:~ , 2006, as authorized by resolution of NMA dated October 17, 2005. ATTEST: ~~R~~ MIDDLETON AUTHORITY: ,~tV~ Robert A. Reisinger, Chairman 7S..t,'...~A~ Secretary SEAL L_ () --i1 .-\ -r::: -.;"1 ~I C,..) C-...; .-~ SHERIFF'S RETURN - REGULAR ~ CASE NO: 2006-00318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH MIDDLETON AUTHORITY VS ROCKWELL GARY H ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING was served upon ROCKWELL GARY H the CONDEMNEE at 2115:00 HOURS, on the 20th day of January , 2006 at 1120 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GARY H ROCKWELL a true and attested copy of DECLARATION OF TAKING together with NOTICE TO CONDEMNEE, BOND, NOTICE OF TAKING and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .39 10.00 .00 32.79 ,-,-;;;,;,.~,';-' -(--:;:~:-""'-::-/ ,,{ 4~?'~'~~~"...~ /- /,:, /'~ ,>f.,,~ I" R. Thomas Kline me this :1.(, Il2:- day of Sworn and Subscribed to before By: A.D. " SHERIFF'S RETURN - REGULAR \ CASE NO: 2006-00318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH MIDDLETON AUTHORITY VS ROCKWELL GARY H ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING was served upon ROCKWELL BEVERLY A the CONDEMNEE at 2115:00 HOURS, on the 20th day of January 2006 at 1120 NEWVILLE ROAD CARLISLE, PA 17013 by handing to BEVERLY A ROCKWELL a true and attested copy of DECLARATION OF TAKING together with NOTICE TO CONDEMNEE, BOND NOTICE OF TAKING and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ",~..J"" .....,:'1" .-:;<r,~' .:/',,,-.- / . R. Thomas Kline ,//";.;? ~."'~ ~ >~'4;"~'-'.~~,('J , Sworn and Subscribed to before By: me this 1.'- a;,. day of A.D.