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Home My WebLink About02-2771\~SERVER~SharedDocs\Word Processing\borowater~SBA-mcculloch.declarntion of taking. May02,doc IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA SHIPPENSBURG BOROUGH AUTHORITY, Condemnor WILLIAM McCULLOCH and LINDA McCULLOCH, Condemnees CIVIL ACTION - LAW No. 2002- ,~"17 t ~ DECLARATION OF TAKING The Shippensburg Borough Authority hereby declares: The Condemnor is the Shippensburg Borough Authority a Pennsylvania Municipal Authority, having its principal office located at 111 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania. That the interest in the property hereinafter described is hereby condemned as an easement by the Condemnor for the protection for environmental purposes of the wellhead of Well Number 3, pursuant to the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended, as authorized by Resolution No. 2002-002, Adopted April 9, 2002, by Condemnor. A copy of the resolution is attached as Exhibit "A". The original resolution may be examined at the offices of the Condemnor at the above address. The purpose of the condemnation is to provide the necessary wellhead protection for the Authority's Well No. 3 located in Southampton Township, Cumberland County, Pennsylvania, as required by Department of Environmental Regulations. A description of the property condemned sufficient for its identification is set forth in the attached Exhibit "B'. On the same day this Declaration of Taking is being filed with the Prothonotary, plans showing the property condemned are being lodged for record in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, 26 P.S. § 7-404. \~SERVER~SharedDocs\Word Processingqborowater~SBA-mcculloch,declaration of taking. May02.doc J The nature of the title acquired is an easement for environmental protection of the Authority's well used in its public water system. A plan showing the condemned property is attached hereto as Exhibit "C". The Condemnor files with this Declaration of Taking, an open-end bond without surety pursuant to §403(a) of the Eminent Domain Code, 26 P.S. § 1-403(a). Just compensation is made or secured by the filing of the Bond. A copy of the Bond is attached as Exhibit "Dm. Shippensburg Borough Authority )Kenneth Morgan, Ch~man Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fn myers@earthlink.net SHIPPENSBURG BOROUGH AUTHORITY CUMBERLAND AND FRANKLIN COUNTIES, PENNSYLVANIA RESOLUTION NO. 2002-002 AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION OF AN EASEMENT FOR THE PROTECTION OF THE WELLHEAD KNOW AS WELL NUMBER 3 IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, The Shippensburg Borough Authority, a Pennsylvania Municipal Authority, (the Authority) pursuant to authorization contained in the Municipality Authorities Act of 1945, Act of May 12, 1945, P.L. 382, as amended 53 P.S. §1 at §314 is developing a well for the production of water for its municipal water system; and WHEREAS, In order to carry out the proposed development of the well it is necessary, pursuant to the Regulations of the Department of Environmental Protection, 25 PA Code§ 109.603 to secure an easement for wellhead protection surrounding the well head and having a radius of three hundred (300) feet; and WHEREAS, The Authority has been unable to agree with the owner or owners of the properties to be acquired on the price or damages to be paid; and WHEREAS, In accordance with Sections 314 of the Municipality Authorities Act of 1945, as amended, the Authority is authorized to acquire title to the properties through eminent domain proceedings; NOW, THEREFORE, BE IT RESOLVED, That Shippensburg Borough Authority, in accordance with authority conferred by law, selects and appropriates for the purposes of wellhead protection property located in Southampton Township, Cumberland County, Pennsylvania, See attached description RESOLVED, That all title and private rights or easements of whatever nature of property owners to beds of unopened streets located within the area are hereby selected and appropriated for the purpose of redevelopment, in accordance with law. RESOLVED, That the title to be acquired shall be an easement, for the purpose of wellhead protection in accordance with the Regulations of the Department of Environmental Protection, 25 Pa. Code §109.603, preventing the use, storage or other activities which may have an adverse impact on the Authodty's well known as Well Number 3, and specifically prohibiting the use, storage, disposal of chemicals which have the potential to contaminate the Authority's well and also the storage or disposal of liquid fossil fuels in said area. RESOLVED, That counsel for the Authority and its proper officers are hereby authorized to file a declaration of taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED, That the institution of such proceedings, and any damages which may be agreed upon or 15:46 BOROUGH OF BHIPPENSBURG ID=?ITS32694B P~I/81 awarded to any party in interest, including the owner or owners of said properties located within the area, sba# be paid out of the funds of the Authority Adopted this 9~' day of April, 2002, By the Shippensburg Borough Autflodty. Attest: sectary Mcr,~ullough res Easemen! Area No! ?o Scale Deed Book 13~, Page 865 Area For Envl~-onmental Easement BOND KNOW ALL MEN BY THESE PRESENTS, that declaration of taking having been filed the ~ day of ,~J~ ,2002, by the Shippensburg Borough Authority, ("Obligor"), a corporation 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 proper 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 the condemnation by Obligor of certain easements on land located in Southampton Township, Cumberland County, Pennsylvania, described as follows: ALL THAT CERTAIN lot or piece of ground situated at the southeast corner of lands of William McCulloch and Linda McCulloch, his wife in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at the southeast corner of lands of William F McCulloch and Linda McCulloch, his wife, said point also being a corner of lands of the Shippensburg Borough Authority and lands of Paul and Mildred Stark and the southeast corner of the herein described tract; thence along lands of the Shippensburg Borough Authority, South 43 degrees, 01 minute 28 seconds West a distance of 231.08 feet, to a point; thence crossing lands of McCulloch on a curve to the right having a bearing of North 22 degrees, 21 minutes, 35 seconds East, a distance of 253.08 feet and a radius of 400.00 feet an arc distance of 257.51 feet, to a point at lands of Paul Stark and Mildred Stark; thence along lands of Stark, South 43 degrees, 53 minutes 40 seconds East, a distance of 89.44 feet, to a point the place of BEGINNING. CONTAINING 0.318 acres 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 upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: Page 1 of 2 \~ERVER~5 HAREDDOCS\WORD PROCESSING\BOROWATER'~MCCULLOCH BOND.DOC NOW THE CONDITION 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 and remain in full force and effect. SEALED with the corporate seal and duly executed this "~ day of .~gu~ .2002. Attest : Shippensburg Borough Authority Page 2 of 2 ~--,~, C~' ~" IN THE COURT OF COMMON PLEAS OF THE 9m JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA SHIPPENSBURG BOROUGH AUTHORITY, Condemnor WILLIAM McCULLOCH and LINDA McCULLOCH, Condemnees CIVIL ACTION - No. 2002 - 7.'r~l LAW MEMORANDUM OF FILING OF NOTICE To the Prothonotary: Notice of the above-captioned condemnation is recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book No. 6'~T, Page No. Date: Forest N Myers, Esquire Attorney for Shippensburg Borough Authority Attorney I.D. #18064 137 Park Place West Shippensburg PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@earthlink.net