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LAW O,.,.CE8
SNELDAKER
a
BRENNEMAN
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IN RE: CONDEMNATION OF LAND,
EASEMENT AND RIGHT-OF-WAY IN
SILVER SPRING TOWNSHIP,
CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE SILVER
SPRING TOWNSHIP AUTHORITY
FOR THE CONSTRUCTION
INSTALLATION, OPERATION,
MAINTENANCE, REPAIR, RENEWAL
AND REPLACEMENT OF SANITARY
SEWERAGE SYSTEM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
NO. CIVIL, 1994
Q4'-/SQ7 ~ ILM
IN REM (EMINENT DOMAIN)
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DECLARATION OF TAKING
The SILVER SPRING TOWNSHIP AUTHORITY, a municipal authority,
does hereby file this Declaration of Taking and declares as
follows:
1.
The Condemnor is the SILVER SPRING TOWNSHIP AUTHORITY
(hereinafter "Authority") having its principal office at the
Silver Spring Township Municipal Building, 6475 Carlisle Pike,
Mechanicsburg (Silver Spring Township), Cumberland County,
Pennsylvania 17055.
2.
This Declaration of Taking is filed pursuant to the
authority of Section 11 of the Municipality Authorities Act of
1945, Act of May 2, 1945, P.L. 382, as amended (53 P.S. 314).
3.
This Declaration of Taking is made and authorized by virtue
of a Resolution duly adopted by the Silver Spring Township
Authority at a public meeting held on March 16, 1994, at the
Authority's office. The record of said public meeting, being
';
the minutes thereof, and the original resolution may be examined
at the Authority's office, a copy of said Resolution being
attached hereto marked "Exhibit A" and incorporated herein by
reference thereto.
4.
The purpose of this condemnation and this Declaration of
Taking filed incidental thereto is to acquire and secure easement
and right-of-way, both temporary and permanent, in lands for the
construction, installation, operation, maintenance, repair,
renewal and replacement of a sanitary sewerage system by said
Authority.
5.
Attached hereto marked "Exhibit B" and incorporated herein
is documentation which contains the description of the land,
easement and right-of-way situate in the Township of Silver
Spring, Cumberland county, Pennsylvania, necessary to be obtained
for the purposes, as aforesaid. A copy of said documentation
mentioned in said Exhibit is being filed as of the date of filing
hereof in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, at the Cumberland County Court
House in Carlisle, Pennsylvania, in accordance with Section 404
of the Eminent Domain Code, Act of June 22, 1964 (Special
Session), P.L. 84, Article IV, as amended.
LAW OP"ICU
SNELBAKER
a
BRENNEMAN
6.
The nature and extent of the title, easement and
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"
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right-of-way acquired hereby are for the purpose of laying,
constructing, installing, operating, maintaining, repairing,
renewing, enlarging and replacing the aforementioned sanitary
sewerage collection and distribution pipe line and system as are
more fully set forth in Section 1 of said Resolution ("Exhibit
A") which said Section is specifically incorporated herein by
reference thereto.
7.
The names of the Condemnees herein are RICHARD J. MAYBERRY
and ROBIN S. MAYBERRY as more fully set forth in "Exhibit B"
attached hereto and incorporated herein by reference thereto as
though fully written herein.
8.
The above named Condemnees are the owners in fee simple of
the lands or interests therein being taken, appropriated and
condemned.
9.
Plans describing and showing the condemned lands and
properties may be inspected at the office of the Silver Spring
Township Authority at the Silver Spring Township Municipal
Building at 6475 Carlisle Pike, Mechanicsburg (Silver Spring
Township), Cumberland County, Pennsylvania 17055.
10.
LAW OFFICE.
SNELBAKER
a
BRENNEMAN
The Authority, as Condemnor, files contemporaneously
herewith its bond, without surety, pursuant to Section 403(a) of
-3-
LAW O,.PICC.
SNELBAKER
a
BRENNEMAN
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the Eminent Domain Code aforesaid, which Bond secures just
compensation to the condemnees.
ATTEST:
~~rP fii~~
. Secretar
By
By
a c. Sne1baker
4 West Main street
Mechanicsburg, PA 17055-0318
Attorneys for condemnor
Dated: March 23, 1994
-4-
LAW O"ICU
SNELBAICER
a
BRENNEMAN
COMMONWEALTH OF PENNSYLVANIA )
: ss.
COUNTY OF CUMBERLAND)
RAYMOND M. BEST, being duly sworn according to law, deposes
and says: that he is the Chairman of the SILVER SPRING TOWNSHIP
AUTHORITY, the Condemnor in the foregoing Declaration of Taking,
that he is authorized by the Condemnor to make this affidavit on
its behalf and that the facts set forth in said Declaration of
Taking are true and correct to the best of his knowledge,
information and belief.
Sworn to and subscribed before me
this 23rd day of March, 1994.
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Nota~ ~ii~'"
My Commission Expires:
IbmISIllII
PliIItlBJ. llu,..o.,=1'I.tio
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My Elqn8 Dee. 31. 1994
-5-
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SILVER SPRING TOWNSHIP AUTHORITY
A RESOLUTION
OF THE SILVER SPRING TOWNSHIP AUTHORITY
AUTHORIZING THE SELECTION, CONDEMNATION AND
APPROPRIATION OP CERTAIN INTERESTS IN CERTAIN
LANDS SITUATED IN THE 'l'OWNSHIP OP SILVER
SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, POR
THE CONSTRUCTION, INSTALLATION, OPERATION,
MAINTENANCE, REPAIR AND REPLACEMENT OP A
SANITARY SEWERAGE SYSTEM, AND AUTHORIZING THE
PILING OF A DECLARATION OR DECLARATIONS OF
TAKING AND ALL NECESSARY ACTION POR THE
ACQUISITION THEREOF
WHEREAS, SILVER SPRING TOWNSHIP AUTHORITY (hereinafter
called "Authority") has proposed the construction of certain
additions to its sanitary sewerage system in Silver spring
TownShip, cumberland County, Pennsylvania (hereinafter called
"TownShip"); and
WHEREAS, it is necessary that the Authority acquire and
secure certain easements and rights-of-way in, over, across,
under and through various lands in said TownShip, cumberland
County, Pennsylvania, for the purpose of presently constructing,
installing, operating, maintaining, repairing and ultimately
replacing said sanitary sewerage system; and
WHEREAS, said Authority has developed a plan ("plan") of
necessary lands, easements and rights-of-way which will
accommodate said sanitary sewerage system within the land being
the subject hereof, which Plan is embodied in certain
documentation as made by Hartman & Associates, Inc., (Engineers),
which is marked "Exhibit A" filed with this Resolution and
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EXHIBIT A
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incorporated herein by reference thereto; and
WHEREAS, the Authority has been unsuccessful in negotiating
the acquisition of the easement and right-of-way from the owners
of the subject land to be affected thereby; and
WHEREAS, in accordance with section 11 of the Municipality
Authorities Act of 1945, Act of Kay 2, 1945, P.L. 382, as amended
(53 P,S. 314), the Authority is authorized to acquire and secure
such titles, easements, rights-of-way and other interests in and
to the said lands through eminent domain proceedings;
NOW, THEREFORE, on motion duly made, seconded and passed by
this Authority, be and it is hereby
RESOLVED:
SECTION 1: This Authority hereby selects, condemns and
appropriates those premises set forth in the documentation
("Exhibit A") attached hereto and incorporated herein by
reference thereto, which indicates the lands selected, condemned
and appropriated and the names of the owners of the property
interests condemned as reasonably known to the Authority.
The nature and extent of the titles, easements, rights-of-
way to be acquired under this section 1 are as follows: A
permanent easement and a free, uninterrupted and unobstructed
right-of-way in, over, across, upon, under and through the
premises shown and designated on the aforementioned Plan,
respectively, for the purposes of presently and perpetually
thereafter, laying, installinq, constructinq, operatinq,
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EXHIBIT A
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maintaining, repairing, renewing, enlarging and replacing a
sanitary sewerage collection pipe line, lines and system and its
manholes, valves, accessories and appurtenances (together with
any designated temporary construction easement and right-of-way
to be used in the initial construction of such lines, etc.),
together with all rights of ingress, egress and regress in, to,
over, upon, through, along and from said premises and lands
necessary or convenient for the full and complete use by the
Authority, its successors and assigns, of the said easement,
easements, right-of-way and rights-of-way and for the exercise of
said rights and privileges to lay, install, construct, operate,
maintain, repair, renew, enlarge and replace said sanitary
sewerage collection pipe line or lines, and the manholes, valves,
accessories and appurtenances thereto, including but without
limiting the foregoing, the right, power and privilege to have
its officers, agents, employees and/or contractors go in, over,
across, upon, under, through, along and from said premises and
lands to do and perform with or without machinery and equipment,
any and all acts necessary or convenient to carry into effect the
purposes recited above, to keep the surface and subsurface of
said easement and right-of-way cleared of all timber, trees,
roots, brush and other obstructions and to install and maintain
gates and/or stiles in any fences crossing the said easement and
right-of-way.
SECTION 2: The Authority and its proper officers are hereby
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EXHIBIT A
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authorized to file such Declarations of Taking and such other
papers, documents and/or proceedings, including the entry of such
bond as may be necessary or desirable, and to do and perform all
other acts necessary and requisite to carry out the purposes of
this Resolution, and said officers and the Authority's employees
or agents are authorized and empowered to enter upon the lands to
be taken, condemned and appropriated in order to make studies,
surveys, tests, soundings and appraisals.
SECTION 3: The institution of such proceedings, including
the entry of such bond as may be necessary or desirable, and any
damages which may be awarded to the owner or owners of the
premises or lands shall be paid from such funds which may become
available and from time to time appropriated by the Authority for
such purposes.
DULY ADOPTED this 16th day of March, 1994, by the Board of
the Authority in lawful session duly assembled.
ATTEST:
~~ (/;2 ~~-':-~
, . Secretary
(SEAL)
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EXHIBIT A
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EXHIBIT A
TO
RESOLUTION
The fOllowing list or schedule contains the names and
addresses of the owners of real estate being the subject of the
condemnation of and by Silver Spring Township Authority for
sanitary sewerage easements and rights-of-way, together with a
map or plan corresponding to each owner's name showing and
describing the extent of the owner's land subject to the
condemnation:
NAME OF OWNERfSl
1. Richard J. MaYberry
and Robin S. Mayberry,
husband and wife,
181 Ridge Hill Road
Mechanicsburg, PA 17055
EXHIBIT A
EXTENT OF TAKING
l. Twenty (20) feet wide perman-
ent easement and right-of-way
approximately 200.17 feet in
length as more fully shown on
the attached map or plan
(marked "Exhibit A") entitled
"Plan-Permanent Sanitary
Sewage R/W Through Lands of
Richard J. & Robin S. Mayberry
H/W" dated December 28, 1993,
marked "Parcel No. 30,
Construction Sht. No.(s), Deed
Book E36, Page No. 308", with
narrative description attached
("Exhibit B") as prepared by
Hartman & Associates, Inc.,
together with temporary
construction easement and
right-of-way 20 feet wide as
also shown on the attached map
or plan.
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PARCEL 30 CONSTRl.CTION SHT. NO(S)
DEED BOOK E 36 PAGE NO.308
(/ / / /,! REQUIRED R/W 201 L,F,
SILVER SPRING TOWNSHIP AUTHORITy........ ...... RI..B
.
PLAN- PERMANENT SAN I TARY SEWAGE lOTI DEe, 28,1993
R/W THROUGH LANDS OF REVISED DATEIS)
RICHARD J. a ROBIN S. MAYBERRY H!W
SILVER SPRING TWP. CUMBERLAND CO.,PA.
HARTMAN a ASSOCIATE~ INC.
ENGINEERS a SURVEYORS
T5 UTI..EY DRIVE - SU ITE 102
CAMP HII..I.. .PENNSYI..VAHIA ITOII
TELEPHONE (717;T37-3~'5
EXHIBIT A
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EXHIBIT "B"
SANITARY SEWER RIGHT-OF-WAY
LEGAL DESCRIPTION
FOR
RICHARD J. AND ROBIN S. MAYBERRY (H/W)
BEGINNING at a point on the Southern Right-of-Way line of Ridge Hill
Road (I'ownship Road #577), said point being located Nonh 73 degrees 56
minutes 30 seconds East, a distance of 10.01 feet from the common comer of
lands now or late of Earl L. Beam and the Northwest comer of this tract; thence
through land of Grantors by a line being 10.00 feet from and parallel to the
Western property line of this tract, said line being, South 13 degrees 49 minutes,
30 seconds East, a distance of 200.17 feet to a point on the Southern property
line of this tract.
The above description is the centerline of a 20.00 foot wide pennanent
sanitary sewer Right-of-Way and is 201.00 Lineal Feet in length.
This tract is also subject to a temporary Right-of-Way for construction as
shown on Exhibit. A ..
EXHIBIT A
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CERTIFICATE
I, the undersigned, Secretary of the Silver spring Township
Authority (hereafter "Authority"), do hereby certify that the
foregoing is a true and correct copy of a Resolution duly adopted
by the affirmative vote of a majority of the members of said
Authority at a regular public meeting duly held on March 16,
1994, at which a quorum of the members was present and that said
Resolution remains in effect, unaltered and unamended as of the
date of this Certificate.
IN WITNESS WHEREOF, I hereunto set my hand and affix the
official seal of the Authority this 22nd day of March, 1994.
&J d? ~~~.Jl~
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EXHIBIT B
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DECLARATION OF TAKING
The following list or schedule contains the names and
addresses of the owners of real estate being the subject of the
condemnation of and by Silver spring Township Authority for
sanitary sewerage easements and rights-of-way, together with a
map or plan corresponding to each owner's name showing and
describing the extent of the owner's land subject to the
condemnation:
NAME OF OWNERCSl
1. Richard J. Mayberry
and Robin S. Mayberry,
husband and wife,
181 Ridge Hill Road
Mechanicsburg, PA 17055
LAW O,.,.ICIE8
SNELBAKER
a
BRENNEMAN
EXTENT OF TAKING
1. Twenty (20) feet wide perman-
ent easement and right-Of-way
approximately 200.17 feet in
length as more fully shown on
the attached map or plan
(marked "Exhibit A") entitled
"Plan-Permanent Sanitary
Sewage R/W Through Lands of
Richard J. & Robin S. Mayberry
H/W" dated December 28, 1993,
marked "Parcel No. 30,
Construction Sht. No.(s), Deed
Book E36, Page No. 308", with
narrative description attached
("Exhibit B") as prepared by
Hartman & Associates, Inc.,
together with temporary
construction easement and
right-Of-way 20 feet wide as
also shown on the attached map
or plan.
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EXHIBIT I~I
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PARCEL 30 CONSTflUCTION SHT. NO(S)
DEED BOOK E 36 PAGE NO,308
1////..lREOUIRED R/W 201 L,F,
SI LVER SPRING TOWNSHIP A,UTHORITY ........ ...... RLB
PLAN-PERMANENT SAN ITARY SEWAGE ..n DEC,28./993
R/W THROUGH LANDS OF REVISED DATE(S)
RICHARD J. a ROBIN S, MAYBERRY H.'W
SILVER SPRING TWP, CUMBERLAND CO.,PA.
HARTMAN a ASSOCIATE~ INC.
ENGINEERS a SURVEYORS
75 UTLEY DRIVE - SU ITE 102
C~"'P HILL ,PENNSYLVANIA 17011
TELEPHONE (717;737-3495
IU..' ... 150.
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93538
SHEET I OF I
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EXHmlT "B"
SANITARY SEWER RIGHT.OF-WA Y
LEGAL DESCRIPTION
FOR
RICHARD 1. AND ROBIN S. MAYBERRY (HIW)
BEGINNING at a point on the Southern Right-of.Way line of Ridge Hill
Road (Township Road #577), said point being located North 73 degrees 56
minutes 30 seconds East, a distance of 10.01 feet from the common corner of
lands now or late of Earl L. Beam and the Northwest corner of this tract; thence
through land of Grantors by a line being 10.00 feet from and parallel to the
Western property line of this tract, said line being, South 13 degrees 49 minutes,
30 seconds East, a distance of 200.17 feet to a point on the Southern property
line of this tract.
The above description is the centerline of a :!O.OO foot wide permanent
sanitary sewer Right-of-Way and is 201.00 Lineal Feet in length.
This tract is also subject to a temporary Right-of-Way for construction as
shown on Exhibit" A ".
IN RE: CONDEMNATION OF LAND, :
EASEMENT AND RIGHT-OF-WAY IN
SILVER SPRING TOWNSHIP,
CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE SILVER
SPRING TOWNSHIP AUTHORITY
FOR THE CONSTRUCTION
INSTALLATION, OPERATION,
MAINTENANCE, REPAIR, RENEWAL
AND REPLACEMENT OF SANITARY
SEWERAGE SYSTEM
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. CIVIL, 1994
qLf- ISq7 ~~~
IN REM (EMINENT DOMAIN)
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CONDEMNOR'S BOND
LAW O'lIC&8
SNELBAtcER
a
BRENNEMAN
KNOW ALL MEN BY THESE PRESENTS, that the SILVER SPRING
TOWNSHIP AUTHORITY, a municipality authority organized and
existing under the laws of the Commonwealth of Pennsylvania,
hereinafter called "Obligor", is held and firmly bound unto the
COMMONWEALTH OF PENNSYLVANIA, hereinafter called "Obligee", for
the use and benefit of the owners of the property or property
interests condemned as hereinafter noted, and other proper
parties in interest, for such amount of damages as the said
owners of the said property or property interests 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 the SILVER SPRING
TOWNSHIP AUTHORITY of a certain easement and right-of-way in
lands and property interests located in the Township of Silver
Spring, Cumberland County, Pennsylvania, more fully shown and
described in "Exhibit A" attached hereto and attached to the
Declaration of Taking of which this Bond is a part and which
....,..,."'_...--.,"',.~-~-,
Exhibit is made a part hereof by reference thereto.
SEALED with the official corporate Authority seal and duly
executed this 23rd day of March, 1994.
WHEREAS, the SILVER SPRING TOWNSHIP AUTHORITY has condemned
the aforementioned property interests and cannot agree with the
owners thereof upon the just compensation to be paid for the
damages sustained by the owners of the property interests as a
result of the condemnation;
NOW, THE CONDITION of this Bond is such that if the SILVER
SPRING TOWNSHIP AUTHORITY, the Obligor herein, shall payor cause
to be paid such amount of damages as the said owners of the
property interests so condemned and the 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, it shall be and remain in full force and effect.
By
ATTEST:
cJ"t:hl:i d;?' ;:;;) u~_
~.s"S"T. secre~y
(Official Seal)
LAW oP'P'lcca
SNELBAkER
a
BRENNEMAN
-2-
EXHIBIT A
TO
BOND
The following list or schedule contains the names and
addresses of the owners of real estate being the subject of the
condemnation of and by silver spring Township Authority for
sanitary sewerage easements and rights-of-way, together with a
map or plan corresponding ,to each owner's name showing and
describing the extent of the owner's land subject to the
condemnation:
NAME OF OWNER(Sl
1. Richard J. Mayberry
and Robin S. Mayberry,
husband and wife,
181 Ridge Hill Road
Mechanicsburg, PA 17055
LAW o"rcce
SNELBAKER
a
BAENNEMAN
EXTENT OF TAKING
1. TWenty (20) feet wide perman-
ent easement and right-of-way
approximatelY 200.17 feet in
length as more fully shown on
the attached map or plan
(marked "Exhibit A") entitled
"Plan-Permanent Sanitary
sewage R/W Through Lands of
Richard J. & Robin s. Mayberry
H/W" dated December 28, 1993,
marked "Parcel No. 30,
Construction Sht. No.(s), Deed
Book E36, Page No. 308", with
narrative description attached
("Exhibit B") as prepared by
Hartman & Associates, Inc.,
together with temporary
construction easement and
right-of-way 20 feet wide as
also shown on the attached map
or plan.
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PARCEL 30 CONSTl'll.CTION SHT. NOeS)
DEED BOOK E36 PAGE NO. 308
1/ / / /..l REQUIRED R/W 201 L.F.
SILVER SPRING TOWNSHIP AUTHORITy........ ...- RLB
.
PLAN-PERMANENT SAN ITARY SEWAGE .... DEe,2B,1993
R/W THROUGH LANOS OF REVISED DATEISI
RICHARD J. a ROBIN S. MAYBERRY H!W
SILVER SPRING TWP. CUMBERLAND CO.,PA.
HARTMAN a ASSOCIATES. INC.
ENGINEERS a SURVEYORS
75 U7LEY DRIVE - SUITE 102
C~"P HILL .PENNSYLVANIA 17011
TFLEPHONE (717; 737-3495
EXHIBIT A
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SANITARY SEWER RIGHT-OF-WAY
LEGAL DESCRIPTION
FOR
RICHARD J. AND ROBIN S. MAYBERRY (HIW)
BEGINNING at a point on the Southern Right-of-Way line ofRidgc Hill
Road (Township Road #577), said point being located North 73 degrees S6
minutes 30 seconds East, a distance of 10.01 fect from the common comer of
lands now or late of Earl L. Beam and the Nonhwest comer of this tract; thence
through land of Grantors by a line being 10.00 fect from and parallel to the
Western property line of this tract, said line being, South 13 degrees 49 minutes,
30 seconds East, a distance of 200.17 fectto a point on the Southern property
line of this tract.
The above description is the centerline of a 20.00 foot wide permanent
sanitary sewer Right-of-Way and is 201.00 Lineal Feet in length.
This tract is also subject to a temporary Right-of-Way for constrUction as
shown on Exhibit. A..
EXHIBIT A
IN RE: CONDEMNATION OF LAND,
EASEMENT AND RIGHT-OF-WAY IN
SILVER SPRING TOWNSHIP,
CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE SILVER
SPRING TOWNSHIP AUTHORITY
FOR THE CONSTRUCTION
INSTALLATION, OPERATION,
MAINTENANCE, REPAIR, RENEWAL
AND REPLACEMENT OF SANITARY
SEWERAGE SYSTEM
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1597 CIVIL TERM
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IN REM (EMINENT DOMAIN)
:
MEMORANDUM OF RECORDING
TO: PROTHONOTARY IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA
Cumberland County Court House
Carlisle, Pennsylvania 17013
Please be advised that in accordance with Section 404 of the
Eminent Domain Code, Act of June 22, 1964 (Special Session), P.L.
~4, Article IV (26 P.S. 1-404), as amended, you are hereby
notified that the Notice of Filing of Declaration of Taking to
the above term and number is now recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book 103, Page 313;
R card C. Snelbaker
LBAKER & BRENNEMAN, P.C.
Solicitor for Silver spring
Township Authority
(Condemnor)
DATE: March 31, 1994
LAW oP'''lct:a
SNELBAKER
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BRENNEMAN
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