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Home My WebLink About94-03744 -f:' .~ . 0- ~ en c ~ ~ '7 . . 'irJ 'H ~ ~ :::t- ":t- ('-.. ('() I ~/ .{ o <: LAW O"'CI to 6NtLUAl<Ln . DRlIHllMM' IN REI CONDEMNATION OF LAND, EASEMENT AND RIGHT-OF-WAY IN SILVER SPRING TOWNSIIIP, CUMBERLAND COUNTY, PENNSYLVANIA, BY THE SILVER SPRING TOWNSHIP AUTIIORITY 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. 94- 3144 CIVIL TERM IN REM (EMINENT DOMAIN) DECLARATION OF TAKING The SILVER SPRING TOWNSIIIP AUTIIORITY, a municipal authority, does hereby file this Declaration of Taking and declares as follows I 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. 3B2, 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 June 15, 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 reforenoe thereto. 4. The pUr~ose of this condemnation and this Deolaration 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 llHIU& GNU UAkllt . I3ItLr~l~lMAtl 6. The nature and extent of the title, easement and -2- right-or-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 WALTER J. LEARY and GWEN A. LEARY as more fully set forth in "Exhibit 8" attached hereto and incorporated herein by reference thereto as though fully written herein. B. 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 orrlCLIi 6NELUAKER . 8RE"NEM"'~ The Authority, as Condemnor, files contemporaneously herewith its bond, without surety, pursuant to section 403(a) of -3- LAW OHI(;(I SUEtUAKER . BnllllltMAtl the Eminent Domain Code aforesaid, whioh Bond secures just compensation to the Condemnees. By RITY SILVER ATTEST I C\,... r lVft; . '\ ~ ,_ ie, ISecr ary '- By ar C. Sne a er 44 West Main street Mechanicsburg, PA 17055-0318 Attorneys for Condemnor Dated I July 1 , 111114 -4- COMMONWEALTH OF PENNSYLVANIA ) I SS. COUNTY OF CUMBERLAND) RAYMOND M. BEST, being duly sworn aooording to law, deposes and saysl 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 faots 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 July , 1994. 7th day of Qzt~.(~() O. ::/l~'l''-.J~1.) Nota~ PUblIc My Commission Expiresl 1bIW&D I'lfIdII J nlCJ1Ul\ Ncmy ""*' Med~FbWD 1Uo. QrrbrivlI eon, My C'..."""..!bl FJ<!*u6l):.c. SI. 1004 ,. ~ tAW orncu. SNELDAKE.n . BRENNEMAN EXHIIlIT A TO IlECLAllAT10N OF TAKINC ------- >- _.. ,. _.... -. . ". - ... - - .- SILVER SPRING TOWNSHIP AUTHORITY A RESOLUTION OF THE SILVER SPRING TOWNSHIP AUTHORITY AUTHORIZING THE SELECTION, CONDEMNATION AND APPROPRIATION OF CERTAIN INTERESTS IN CERTAIN LANDS SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SANITARY SEWERAGE SYSTEM, AND AUTHORIZING THE FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTION FOR 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 EXIIIIlI'l' ,\ , incorporated herein by reference thereto, and WHEREAS, the Authority has been unsucoessful 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 May 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 I SECTION 11 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 followsl 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, installing, constructing, operating, -2- 1\11111 J 1 ^ 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 -)- I-: XI 1 1 III 1 ,\ 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 ngents 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 15th day of June, 1994, by the Board of the Authority in lawful session duly assembled. By RITY ATTEST: C\~'f ('('(;1'., S cretary (SEAL) -4- EXIIIIlIT ^ LAW O"lrlll SNElDAKllI . BnUUU.MAtl IN REI CONDEMNATION OF LAND, I EASEMENT AND RIGHT-OF-WAY IN I SILVER SPRING TOWNSllIP, I CUMBERLAND COUNTY, I PENNSYLVANIA, BY THE SILVER I SPRING TOWNSHIP AUTHORITY I FOR THE CONSTRUCTION I INSTALLATION, OPERATION, I MAINTENANCE, REPAIR, RENEWAL I AND REPLACEMENT OF SANITARY I SEWERAGE SYSTEM I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94- .n'l~ CIVIL 'l'ERM IN REM (EMINENT DOMAIN) CONDEMNOR'S BOND 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 tean 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 7lh day of .July , 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 I ('\( ,. ,C. Ie \lC',. ,\ ,Secretary (Official Beal) LAW OfnCl6 SNELDAKtR . BREllrlEMAN -2- " 1~)(I[1)! I.T A :ro_ (~ONJ~J~t-IN_l~J~ ',Ii, -'1_~N,1l The following list or schedule contains the names and addresses of the owners of real estate being the subject of ths condemnation of and by Silver spring Township Authority for sanitary sewerage easements and rights-of-way, together with a map or plan corresponding to each owner's name showing and describing the extent of ths owner's land subject to the condemnation I NAME OF OWNERIS) 1. Walter J. Leary and Gwen A. Leary, husband and wife, 6313 Salem Park circle Mechanicsburg, PA 17055 EXTENT OF TAKING 1. Variable width permanent easement and right-of-way approximately 320 feet in length as more fully shown on the attached map or plan (marked "Exhibit A") entitled "Plan-Permanent sanitary Sewage R/W Through Lands of Walter J. and Gwen A. Leary H/W" dated April 18, 1994, marked "Parcel No. 13, Construction Sht. No.(s) 11A, Deed Book 32-H, Page No. 309", with narrative description attached ("EXhibit B") as prepared by Hartman & Associates, Inc., together with a variable width temporary construction easement and right-of-way as also shown on the attached map or plan. 1\)(11181'1' A -, EXHIBIT "B" LEGAL DESCRIPTION SANITARY SEWER RIGHT.OF.WAY FOR WALTER 1. and GWEN A, LEARY (H1W) BEGINNING AT A point on the Southern RIght-of-Way line of RldiC HlIl Road, sald point being localed on the line of land how or late of Newton K, and Eleanor R. Delbert (h/w)j thence by land now or late of Newton K, and Eleanor R. Deibert (h/w), South 17 degrees 23 minutes 00 seconds East, B dlstancc of 198.30 feet to a pointj thence through land of Grantors, South 68 degrees 39 minutes 00 seconds West, B distance of 4.17 fcetto B point: thence through land of Grantors, South 37 degrees 01 minutes 05 seconds East, B distance of 110,96 feet to B point on the line of land now or late of Donald R, and Mary lane Kretzlng; thence by same, South 73 degrees 41 minutes 20 seconds West, B distance of 14.97 feet to a point; thence by same, South 69 degrees 19 minutes 00 seconds West, a distance of 6.25 feet to B point; thence through land of Grantors, North 37 degrees 01 minutes 05 seconds West, B distance of 107.40 feet to a point; thence through land of Grantors,. North 17 degrees 13 minutes 00 seconds West, a distance of 15.00 feet to a point on the comer and land now or late of Windslow R. Brown, 11 and Caroline 1. Brown (h/w): thence by same, North 17 degrees 13 minutes 00 seconds West, a distance of 183. 29 feet to a point on the Southern Right-of.Way line of Ridge Hili Road; thence along said Right-of-Way line, North 63 degrees 38 minutes 00 seconds East, a distance of 23.88 feet to a point, said point being the place of BEGlNNlNG. THE ABOVE DESCRIPTION is a permanent sanitary sewer Right-of-Way and conl.1ins 6,909,00 square feet. THIS TRACT IS also subject to a temporary Right-of-Way for construction as shown on Exhibit" A". . 't." H ~ ;r:: _... "t; '0 .... Pl :t ;:'i, J1f ?) \~\