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Home My WebLink About94-04462 " ~ ~ >- ~ QJ j ~ ~ 8 J J ~ ~ ~ I :1 I I I , \ \" ,I . I ~ " ,> , " . I 'l, II , . "Oil'" HI'''''V'''' .- Ollolll\.l....' ".~N.'l'..V..,rlll" "0'" "'" ,.....,. ,,'-11'. 'I --- , , (.' 'l'iI" ,II ~-_...._.-....-.., . CONDBMNATION OF SEWER LINE EASEMENT BY CARLISLE SUBURBAN AUTHORITY OF NORTH MIDDLETON TOWNSHIP FOR PROPERTY OF WILLIAM L. WILLHIDE AND KAY E. WILLHIDE I IN 1'HE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA :NO. 94- t.J~ (~;).. C,' v, j T~ 1m I IEMINENT DOMAIN DECLARATION OF TAKING WHEREAS, Carlisle Suburban Authority (CSA) is a municipal authority organiled pursuant to appropriate action of North Middleton Township and has principal offices located at 240 Clearwater Drive, Carlisle, Pennsylvania, WHEREAS, CSA is the owner of a sewage disposal facility and sewage collection lines within North Middleton Township, WHEREAS, CSA is in the process of constru~ting additional sewage collection lines and storm drainage lines for purposes of rerouting sewage flow that will benefit the users of the sewage collection system and addressing storm drainage problems in the Township, WHEREAS, the construction of the additional sewage collection lines and storm drainage lines requires obtaining a right-of-way over property owned by William L. Willhide and Kay E. Willhide, said property being more fully described in Deedbook 29, Volume Y, Page 235. WHEREAS, CSA by resolution dated the 16th day of May, 1994 authorized the condemnation of the right-of-way that is necessary in order to construct the mentioned sewage collection line and storm drainage line. 1 A right-of-way for purpose. of constructing a storm drainage line is hereby declared as condemned and i. described as follows' Being a 5' wide strip of ground 150' in length on the eastern side of premises owned by Will iam L. Willhide alld Kay E. Willhide located at 141 Lakeview Drive, more fully described in Deed Book 29, Volume Y, Page 235, and as shown on the attached Exhib,it A. 2 A right-of-way for installatioll of a sewage collection line is hereby declared as condemned and is described as follows, Being IS' wide and 75' in length on the northern side of property of William L. Willhide and Kay E. Willhide located at 141 Lakeview Drive more fully described in Deed Book 29, Volume Y, page 235, as set forth on the attached Exhibit "A". 3 The right-of-way illterest in this land is being condemned as needed for the construction of a sewage collection line and for construction of a storm drainage line as part of the normal maintenance involved in the sewage collection lines of Carlisle Suburban Authority and the storm drainage linos owned and operated by North Middleton Township, and said sewage collection line and storm drainage lines are necessary for the health and welfare of . t~ ~. \ ~ , .- ",'" (.J 2E .;1-- '..) .~ " IJI, 1.1) '0. :5 < ,. l.,' . Cl Iv) 1._ t..," Cl -..1" .. , J It) ~ . " ':::t- """ '''J :t G g ,..:-t. ' . \ Ii \n ~ o :r t") - ~i iI.. -+- ,'oJ. '& (.J"",,- ~ .. . Ij ,; '.'1 . ti;~;;'.';;NO~.i. IT,.."- O""U...., ".NN.'l'l-V/IINI" 1'1011 'ft'" ......,.. ,..,.... i"" ' . 'I'j , ' , l"ll~" 'I ,1 I I: ;t,;i'~ _', ~."'~I,' .)/",1" ", ,i. .', )\"11'1. ",it. 1'1 J'Ad' "j;.j;;: f :1 . ... d Jill",;' 'IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA ~NO. 94- IPI it.~ (I'~' I 7" 'V) , 'EMINENT DOMAIN BOND KNOW ALL MEN BY THESE PRESENTS that Carlisle Suburban Authority, CONDEMNATION OF SEWER LINE EASBNBNT BY CARLISLE SUBURBAN AUTHORITY OF NORTH MIDDLETON TOWNSHIP FOR PROPERTY OF WILLIAM L. WILLHIDE AND KAY E. WILLHIOE (eSA) is held firmly bound unto William L. Willhide and Kay E. Willhide of 141 Lakeview Drive, Carlisle, Pennsylvania (OWNERS) for such damages, if any, as the said Owners shall be entitled to receive either upon agreement or as may be assessed in the manor provided by law as a result of the taking of a right of way over Owner's property as described in the Declaration of Taking filed ill the above term and number, to which payment well and truly to be made CSA does bind itself, its successors and assigns. The condition of this obligation is such that CSA, its successors or assigns, shall and will wel.l lind truly payor cause to be paid to Owners, their heirs or successors, such damages, if any, as they may sustain by reason of the taking of the right-of-ways as above mentioned either upon agreement or by assessment in a manner provided by the laws of the Commonwealth of Pennsylvania, at which time this obligation shall be null and void, otherwise to remain in full force and effect. CONDEMNATION OF SEWER ~INE EASBMENT BY CARLIS~E SUBURBAN AUTHORITY OF NORTH MIDD~ETON TOWNSHIP FOR PROPBRTY OF WIL~IAM L. WILLHIDE AND KAY E. WIL~HIDE I IN THB COURT Of COMMON PLEAS OF I CUMBERLAND COUNTY, PBNNSYLVANIA I I NO. 94-4462 I I EMINENT DOMAIN PRBLIKINARY OBJBCTIONS COME NOW, Condemnees, WILLIAM L. WILHIDB and KAY B. WILHIDB, Pursuant to Section 406 of the Eminent Domain Code, 26 P.S. Section 1-406, and file these preliminary Objections and state as follows I 1. Condemnees are the record and fee lIimple owners of property located at 141 ~akeview Drive, Carlisle, cumberland County, Pennsylvania (property). 2. On August B, 1994, the carlisle Suburban Authority of North Middleton Township (Condemnor) filed of record a declaration of taking under eminent domain to the above docket number, thereby condemning the property as of that date. 3. The declaration of taking is deficient in the following respects I a) The declaration contains an insufficient recital of the purpose of the condemnation as required by Section 405(0)(7) of the Eminent Domain Code, 26 P.S. section 1- 405(c)(7) . b) The bond without surety attached to the declaration of taking to secure damages is inadequate, insufficient and valueless, Ilnd as a result violates Article 1, Section 10 and Article 10, Section 4 of the pennsylvania conltitution and the Fifth Amendment to the united Statel COI\ltitution. c) The taking of CondemneeB land il more than required and il in lieu of taking a portion of the adjoining property and plaoel the entire burden on the oondemneeB' property. 4. For the above reasonl, the deolaration of taking ie void and of no effeot whatsoever. As a reBult William L. Wilhide and Ray E. Wilhide requeBtB the Court to enter. an order dilmiBBing the deolaration of taking, decreeing the Bame to be void and of no effect whatBoever, and further decreeing that title of the property shall veBt in William L. Wilhide and Kay E. Wilhide to the Bante extent aB if no declaration of taking had been filed. Respectfully submitted, ARTHUR T. MCDERMOTT & ASSOCIATES C... .' j,) r) c----'--- ..r","'~~.- #";,..- '--- ""'- ._~ ____ _I / ...... Art ur T. McDermott, EBqU re 50 East High Street CarliBle, PA 17013 (717) 243-7807 ;sI; >'/ . "I' ~ I -, II j ~ (.J.. , " \g r~q', .,.' I ", , '"'., <".j !B ., .~ " 'I ".. ~. Fr , ~. ..... v; I'; ,. ," .. t' ~.. II_/:j N .,')",r: r "I' ,) _: II.' ',. " ' I:',' (l)1 IJ., .j;:\ I' ,'.:1 .::, " 11-' ('~ 'l!1 , 1(, f,i 1110 tI. ' ,).. I' ''\.1 ,f''.! " d ,.;:) . , I"', , .' . , " ."/ ;J,:~~i;'.i.' "';!j)~~ ,:-:\';.:/\",1 I' iiM' 1',,,'1-"11 '.\:t' "j:"'\1 ;",,',,!_1,\, ;,:,;i:i~~I, .',-' I .' ,., N ... IJ.; (~. 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