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Home My WebLink About06-3168 IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYL V A IA C;u:L T~ IN THE MATTER OF THE VACATION OF 129.17 FEET OF MORNINGSIDE DRIVE LOCATED IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TION No.Ol.. - 31!-f REPORT OF THE BOARD OF COMMISSI NERS LOWER ALLEN TOWNSHIP TO THE HONORABLE, THE JUDGES OF SAID COURT WHEREAS, a Petition was duly filed by Petitioners G. Marti Eichelberger and Susan K. Eichelberger, husband and wife (collectively "Petitioners"), who ar adult individuals currently residing at 457 Woodcrest Drive, Mechanicsburg, PA, 17055; WHEREAS, the Petitioners are the owners of two (2) tracts 0 real estate situate in Lower Allen Township known and nUlllbered as 3130 Morningside Drive, C p Hill, P A, 17011; WHEREAS, the Petitioners acquired said tracts from Jane . Lindgren by Deed dated February 28, 1995 and recorded in the Office of the Recorder of D eds in and for CUlllberland County, Pennsylvania, in Deed Book 119, Page 69. Petitioners, by Deed dated September 25, 2001 and recorded in the Office of the Recorder of Deeds in an for CUlllberland County, Pennsylvania, in Deed Book 249, Page 42, conveyed the propert unto themselves as equal tenants in common; WHEREAS, by petition pursuant to First Class Township ode, 53 P.S., S57005, the Petitioners requested the Board of Commissioners of Lower Allen T wnship to vacate a section of Mornings ide Drive, which is described as follows: Beginning at an iron pin on the northwestern comer 0 lands now or formerly of Sharon D. Swank, thence North 06 degrees 30 minutes 00 seconds West a distance of 50.00 feet across Momingside rive to a point; thence along land now or formerly G. Martin and Susan . Eichelberger, South 83 degrees 30 minutes 00 seconds West a distance f 129.22 feet to an iron pin; thence along the southeastern side of Spangl Road, South 6 degrees 33 minutes 08 seconds East a distance of 50.00 fe t to an iron pin; thence along lands now or formerly of G. Martin and Susan . Eichelberger, North 83 degrees 30 minutes 00 seconds East a distance of 29.17 feet to an iron pin, the point of Beginning. As more fully depicted in Exhibit A attached hereto; WHEREAS, Petitioners own One Hundred Percent (100%) the abutting real estate of the subject section of Momingside Drive in compliance with the Fir Class Township Code, 53 P.S., S57005; WHEREAS, after a hearing held on April 24, 2006 on aid matter concerning the vacation and closing of said Momingside Drive, the Board of Co issioners of Lower Allen Township, Cumberland County, Pennsylvania, on May 22, 2 6, unanimously adopted Ordinance No. 2006-04 (attached hereto as Exhibit B) for the acation of 129.17 feet of Momingside Drive, more fully depicted in (attached hereto as Exhibit A); WHEREAS, consequently, notices were posted as required b law requiring the passage of the aforesaid Ordinance; and NOW, THEREFORE, the Board of Commissioners of Lower Allen Township make this written report regarding an action for the vacation of a portion of M mingside Drive situated in Lower Allen Township, Cumberland County, Pennsylvania, mor particularly described as follows: 350376-1 Beginning at an iron pin on the northwestern comer 0 lands now or formerly of Sharon D. Swank, thence North 06 degrees 30 minutes 00 seconds West a distance of 50.00 feet across Momingside rive to a point; thence along land now or formerly G. Martin and Susan . Eichelberger, South 83 degrees 30 minutes 00 seconds West a distance f 129.22 feet to an iron pin; thence along the southeastern side of Spangl Road, South 6 degrees 33 minutes 08 seconds East a distance of 50.00 fe t to an iron pin; thence along lands now or formerly ofG. Martin and Susan . Eichelberger, North 83 degrees 30 minutes 00 seconds East a distance of 29.17 feet to an iron pin, the point of Beginning. As more fully depicted in Exhibit A attached hereto; The entire proceeding has been outlined in this written rep rt, together with a draft of said road and is therefore submitted as a written report and drafting a filed in the Prothonotary's office of the Court of Common Pleas, Cumberland County, Penns Ivania, as provided for in Section 2008 of the First Class Township Code of 1931, as amended ay 27, 1953, and codified as 53 P.P.S., Section 57008. ATTEST: (Corporate Seal) BOARD OF CO MISSIONERS OF LOWER AL EN TOWNSHIP ~~I ,0tj ~ Secret President 350376-1 , j CERTIFICATION I hereby certify that the foregoing written report was duly exe uted by the Commissioners of Lower Allen Township at a regular meeting held 0 May 22,2006, and that all proceedings for the vacation of said portion of Morningside Drive ere duly followed; that this Certificate is signed pursuant to a Motion duly made, seconded d carried whereby the Secretary was ordered to file a written report, together with the draft r survey of the vacation of 129.17 feet of Morningside Drive in the office of the Prothonotary of provided by law. IN WITNESS WHEREOF, I set my hand and affix the offici I seal of the Township, this J.6-t1{day of May, 2006. 350376-1 ...." 0" '" ",,, "'-0 <'" 1;!{, ,,0 ....<10 a~ \\ \ \ \~\\' \ l \,\'\W\\~\\ \ \\\\\\\\\\\\\\ \l\\\~W'~l\\~ .~~h~' t, . 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'if~~?'- ~ ...'!\ '-II ..~ 1\\ ~ ~\ T......~,umR -. --- \- \ ori~W<q ---- \ \,r, \ ~ \ J----' ~ ~ \ ~ \ \ ~ \ \ ' \ L_-=-J = ."" \':\ I:l~ ~ ~~~~ ~.::x: ~~\ ,~ fu ~ ~ ~ , ~ I ?i~ ~ Q Q ~ % " ~ . ~ 'os it iii \ \ \ \ \ \ ~ \ .. <3> ;. ~ ~ ~~~ .~ -.;;;;0-.... ~__-_JlC.~~ G>C+f~~t'f l' LOWER ALLEN TO NSHIP ORDINANCE NO.2 06-04 AN ORDINANCE OF THE BOARD 0 COMMISSIONERS OF LOWER ALLEN TOWNSHIP, CD BERLAND COUNTY, PENNSYLVANIA, VACATING 129 F ET OF MORNINGS IDE DRIVE, AND EXCEPTING THEREF M A 3D-FOOT WIDE EASEMENT FOR SANITARY SEWE FOR LOWER ALLEN TOWNSHIP AUTHORITY. WHEREAS, Momingside Drive was laid out, pen and ordained as a public street in Lower Allen Township 50 feet in width; and WHEREAS, the owners of property abutting 0 a 129.17-fool portion of Momingside Drive have filed a petition to vacate this property and t extinguish public rights therein; and WHEREAS, the part of said street to be vacated s not used or useful to the public except with respect to a 30~foot wide easement for sanitary se er of Lower Allen Township Authority; and WHEREAS, a hearing was held on April 24, 200' upon proper notice; and WHEREAS, in the judgment of the Board ofC mmissioners of Lower Allen Township, it is in the best interest of the Township to vacate and lose said portion of Morningside Drive excepting therefrom a 30-foot wide easement for s tary sewer for Lower Allen Township Authority. BE IT ENACTED AND ORDAINED by the Board of Commissioners ("Board") of Lower Allen TO\vnship ("Township") Cumberland ounty, Pennsylvania, and it is hereby enacted and ordained by the same as follows: SECTION I There is hereby vacated and closed as a publi' street and highway of Lower Allen Township and all public easements and rights therein a e hereby extinguished except a 3D-foot wide easement for sanitary sewer for Lower Allen T wnship Authority being that part of Morningside Drive, beginning at iron pin on the north estern corner of lands now or formerly of Sharon D. Swank, thence North 06 degrees 30 minut s 00 seconds West a distance of 50.00 feet across Morningside Drive to a point; thence alon land now or formerly G. Martin and Susan K. Eichelberger, South 83 degrees 30 minutes 00 seconds West a distance of 129.22 feet to an iron pin; thence along the southeastern side of the orthbound Route 15 ramp of Spangler Road, South 6 degrees 33 minutes 08 seconds East a dist nee of 50.00 feet to an iron pin; thence along lands now or formerly of G. Martin and Susan K. Eichelberger, North 83 degrees 30 minutes 00 seconds East a distance of 129.17 feet to an i on pin, the point of Beginning. SECTION II The petitioners will pay all of the costs of the acation proceeding and will indemnify and save harmless the Township of Lower Allen from and against any and all damages, costs, expenses and reasonable attorneys fees sustained or in lrred to the vacation and closing of said street and the extinguishment of private easements ther in. SECTION III The provisions of this .Ordinance, as far as the are the same as those of ordinances in force immediately prior to the enactment of this Ordi ance, are intended as a continuation of such ordinances and not as new enactments. The pro isions of this Ordinance shall not affect any such suit or prosecution pending or to be insdtut d to enforce any right or penalty or to punish any offense under the authority of any ordinanc repealed by this Ordinance. SECTION IV The provisions of this Ordinance are severable, to be unconstitutional, illegal, or invalid, such decision remaining provisions of this Ordinance. It is hereby Ordinance would have been adopted had such lUlconst been included herein. d if any of its provisions shall be held hall not affect the validity of any of the eclared ,as a legislative intent that this utional, illegal or invalid provision not SECTION V This ordinance shall take etfect ten (10) days aft r its publication, as required by law. ENACTED AND ORDAINED into an Ordinanc this 22nd day of May. 2006. Attest: (Corporate Seal) BO RD OF COMMISSIONERS LO ER ALLEN TOWNSHIP //!/Aitr'7(Z;;!vJ Secretary .....1 (.) ~ ~ ?'\\:.. lI( € )II (3 - w ,-, 0 ~ lr\ :uO :bl Ifi' ~;: -n ~ W , -< ~ i~':.\:!' r~ ::C-n rnr=: ..() E \ ~J.i;D, -.t:I N ""1' f"', <,(~l -0 "' .-'"" ':,.,::(:") , ..~Cn -,',:' t:: ,-,,J _4 ".~.:- ", ~