HomeMy WebLinkAbout95-01357
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IN REI CONDEMNATION OF LANDS
IN THE TOWNSHIP OF Hl\MPDEN,
CUMBERLAND COUNTY, PENNSYLVANIA
BY THE HAMPDEN TOWNSHIP SEWER
AUTHORITY FOR INSTALLATION OF
A SANITARY SEWER SYSTEM
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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: CIVIL ACTION - LAW
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; NO. 96~/35'1 CU',/~'"
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: IN REM
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The Hampden Township sewer Authority, a Municipal Authority
organized under the laws of the commonwealth of pennsylvania, files
this Declaration of Taking and specifically declares as follows:
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1. The condemnor is Hampden Township Sewer Authority, whose
office and principal place of business is located at 230 South
sporting Hill Road, Mechanicsburg, pennsylvania 17055.
2. This Declaration is filed pursuant to authority of
section 11 of the Municipality Authorities Act of May 2, 1945, P.L.
382 (53 P.S. 314).
3. This Declaration is made by virtue of Resolution duly
authorizing the taking adopted by the Hampden Township sewer
Authority at a meeting held on March 8, 1995, at the above
mentioned office of condemnor, as will appear by reference to the
minutes of said meeting filed at the aforesaid office of the
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Authority, where record of the adoption of the Resolution may be
examined.
4. The purpose of this condemnation and this Declaration of
Taking filed incident thereto is to secure easements for the
Hampdsn Township Sewer Authorty, which easements are needed for the
construction and installation of a sanitary sewer system.
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5. Attached hereto as Exhibits "A" - "H" and made a part
hereof are plans and descriptions of the easements necessary to be
procured for the construction of said sanitRry sewer system. The
properties on which such easements are located are in the Township
of Hampden, cumberland county, pennsylvania; and copies of
aforementioned plans are, as of the date hereof, being filed in the
Office of the Recorder of Deeds, cumberland county, 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.
6. The nature of the title acquired are easements over,
across and through the properties described for the purposs of
constructing, erecting and maintaining the aforesaid sewer system.
7. A plan describing the land hereby condemned is available
and may be inspected at the office of the Authority, 230 south
sporting Hill Road, Mechanicsburg, pennsylvania.
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8. compensation has been secured to the condemnees by the
posting of bond without surety in accordance with section 403(a) of
the Eminent Domain Code, Act of June 22, 1964 (Special session)
P.L. 84, Article IV, [26 P.S. 1-403(a)], as amended.
ATTIlBTI
IWG'DIlH T01DlBBIl' SBWBR AUTHORITY
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e ary
Cha rman
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COJDIOH1fBALTH 01' PINNSYLVANIA I
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COUIfTY 01' UA.u.. PH- I '" I
Personally appeared before me, a Notary Publio in and for said
county and state, WILLIAM J. GRIINI, who, being duly sworn
aocording to law, deposes and says that he is the Chairman of the
JIAK1IDBN TOWNSHIP SBWm AUTHORITY, a Munioipality Authority, that he
,
is authorized to make this Affidavit on behalf of such Authority,
and that the faots set forth in the foregoing Declaration of
Taking, so far as they are within his personal knowledge, are true
and correct, and as to the facts based upon the information of
others, he believes them to be true and correot.
I') Jtp.~.~uu _
WILLIAM J. NI, CIlAIlUIAN
Sworn to and subscribed
before me this ~~ day
of ~~<2.Q..H , 1995.
~~A. "De.~
Notary PU ic
My commission Expires:
Notarial Seal
Klmba~y S, DeFolco, Notary Public
Harr18burg, Daupnln County
My Commission e,plres Ocl. 24, 1998
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BOND WITHOUT SURBTY
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KNOW ALL MEN BY THBSE PRESENTS, that Hampden Township Sewer
Authority, a municipal 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 "Oblige'e) I for the use and benefit
of the owner or owners of the properties condemned as hereinafter
noted and all other property and parties in interest for such
amount of damages as the said owner or owners of said properties
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 because of securing easements across the
properties set forth in the attached Exhibits "A" - "H" for the
purpose of constructing, installing and maintaining a sanitary
sewer system.
To which payment well and truly to be made the Obligor does
bind itself and its successors and assigns firmly by these
presents. Sealed with its corporate seal and duly executed this
8th day of March, 1995.
NOW, the condition of this Bond is such that if the obligor
herein shall payor cause to be paid such amount of damages as the
said owner or owners of the properties in interest shall be
entitled to receive by reason of the condemnation, after the same
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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.
ATTBSTS
HNCPD!H TOWNSHIP SOER AUTHORITY
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, on this ~~ day of March, 1995, before me, a Notary public,
personallY appeared WILLI~ J. ORBINI, who acknowledged himself to
be the Chairman of BAKPDBN TOWNSHIi SBWBR AUTHORITY, a Municipal
Authority, and that he as such Chairman, being authorized to do so,
executed the foregoing instrument for the purpose therein contained
by signing the name of the Authority by himself as Chairman.
IN WITNBSS WBBRBOJ, I have hereunto set my hand and official
seal.
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Not y public
Nolarlal Soal
Klmborly S. DeFalCO. Notary Publlo
Harrlsburg. Oauphln County
My Commission E'plres Oct. 24, 1998
94.10
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SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
ROBERT L. SNYDER AND
KATHY I. SNYDER, HIS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the easterly line of property of Robert L. and Kathl I. Snyder,
said point being 0.18 feet and measured In a northeasterly direction along said easterly line from
the southeasterly comer of the aforesaid Snyder property; thence northwesterly through said
Snyder property N 430 00' W, 55.23 feet to a point on the westerly line of the aforesaid Snyder
property, said point being distant 2.58 feet and measured In a northeasterly direction along said
westerly property line from the southwesterly comer of the aforesaid Snyder property.
The above described line being within a variable width permanent easement having a
width of 15 feet on the north side of said line and having a width that varies from 2.58 feet to
0.18 feet on the south side of said line. Also Included along the north side of the permanent
easement Is an additional width of 10 feet for the purposes of construction only. Totallength
of right-of-way on property. 55.23 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
. EXHIBIT
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N/F V ANELDEN
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S 49030'E
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L__, 5'.0'
,ROBERT L.SNYDER AND
IKATHI I. SNYDER. HIS WIFE
DEED REF. I Q-24-B2B
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N/F KRAMER
N/F ELLEN8ERGER
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HOUSE
TEMPORARY
SEWER R/W
PERMANENT
SEWER R/W
M-5
14.74'
M-4
197.761
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2.5BI
N 430 00 I W
55,23'
O.IBI
450 2BI W
55.01
.IlIlUL.
THIS PLAT REFLECTS THE ACCUR.CIES OR
INACCURACIES OF THE DEEDS OF RECORD
AND I S TO BE USED FOR SETTLEIlENT
pURPOSES ON\. Y .
SCALEI \ · = 30'
PLAN SHEET I 2
TAX MAP REFII0-11-\033-25
TOTAL LENGTH OF R/W
ON PROPERTY, 55.23'
~~,ruJ!tLF~g, Inc.
N/F SHAFFER
94-10
_Iram. f'EJ'lo6'ILVAmIA N;MJ.UJl 1994
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
ROBERT L.SNYDER AND
KATHI I,SNYDER.HIS WIFE
OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANNIA
94.25
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SEWER RIGHT.OF-W A Y
TO BE ACQUIRED FROM
ULYSSES W. BRETZ
WILLIAM H. COOK AND DORIS J. COOK, illS WIFE
THOMAS J. WHITE AND HOLLY HOSFORD-WHITE, HIS WIFE
,
,
KIRK R. HASSINGER
BARRY J. BRA VEMAN
STEVEN R. KRAMER
ROBERT L. SNYDER AND KATHI I. SNYDER, IDS WIFE
ROBERT L. ELLENBERGER AND JOAN L. ELLENBERGER, illS WIFE .
ARTHUR L. SHAFFER AND H. JOYCE SHAFFER, IDS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southewesterly comer of property of Ulysses W. Bretz; thence in an easterly direction along
the aforesaid road centerline S 630 43' E, 162.0 feet to a point, said point being the
southwesterly corner of Kirk R. Hassinger; thence continuing along said road centerline S 450
28' E, 310.96 feet to a point, said point being the southeasterly comer of property of Robert L.
and Joan L. Ellenberger.
The above described line being the northerly edge of a pennanent easement having a
variable width up to 23.87 feet. Also included along the entire length is a variable width up to
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94-25
15.34 feet on the south side of said pennanent easement for the purposes of construction only,
as shown on the attached plat. Total length of right-of-way on property, 472.96 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
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94-14
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SEWER RIGHT-OF.WAY
TO BE ACQUIRED FROM
JOANN DuVALL AND
MICHELLE E. ARMSTRONG
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
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BEGINNING at a point on the centerline of Ml\1 Road, a private road, said point being
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the southeastern comer of property of Joann DuVall and Michelle E. Armstrongj thence
nolthwesterly along said centerline of private road N 45. 28' W, 50.0 feet to a point being the
southwestern comer of the aforesaid DuVall/Armstrong property.
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The above described line being the southerly edge of a permanent easement having a
variable width from 14.27 feet at the point of beginning to 6.82 feet at the point of ending. Also
included along the north side of the permanent easement is an additional width of 10 feet for the
purposes of construction only. Total length of right-of-way on property, 50.0 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
EXHIBIT
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N/F WALKER
S 3~:35' E
39.10'
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N/F BRETZ
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N/F DuVALL
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HOUSE
TEMPORARY
SEWER R/W
.loANN DuVALL AND
I MICHELLE E,ARMSTRONG
I DEED REF.IH-33-1013
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PERMANENT
SEWER R/W
It MILL ROAD
N 45028 I W
50.0'
14.27' 337.21'
M-3
POINT OF
BEGINNING
S55035'E
N/F GOOD HOPE MILLS. INC.
94-14
SCALEI I' = 30'
PLAN SHEET I 2
TAX MAP REFIIO-\7-\033-28
TOTAL LENGTH OF R/W
ON PROPERTYI50.0'
~~J'!~tln~m~9' Inc.
SEWER RIGHT-OF-WAY
TO BE ACOUIRED FROM
JoANN DuVALL AND
MICHELLE E. ARMSTRONG
OF HAMPDEN TOWNsHIP,CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP, CUMBERLAND COUNTy,PENNsYLVANNIA
>Wfl113Rl. PEtt6>\..V,"'N1A N:MMDl 1\194
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94.15
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
DONALD A. DuVALL AND
JOANN DuVALL, HIS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southeastern comer of property of Donald A. and Joann DuVall; thence northwesterly along
said centerline of private road N 630 28' W, 40.0 feet to a point, said point being the
southwestern comer of the aforesaid DuVall property.
The above described line being the southerly edge of a permanent easement having a
variable width from 8.29 feet at the point of beginning to 14.27 feet at the point of ending. Also
included along the north side of the permanent easement is an additional width of 10 feet for the
'purposes of construction only. Totailength of right-of-way on property, 40.0 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
deSCription.
ExHIBIT ;
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N/F WALKER
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44.0'
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DONALD A. DUVALL
AND JoANN DUVALL,
HIS WIFE
DEED REF,IL-2206971
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N/F DuVALLI
ARMSTRONG
HOUSE
N/F ZEARING
TEMPORARY
SEWER R/W
PERMANENT
SEWER R/W
It MI LL ROAD
N 63028' W
40.0'
337.21'
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.IlllItL.
THIS PLAT REFLECTS THE ACCURACIES OR
INACCURACIES OF THE DEEDS OF RECORD
ANJ I S TO BE USED FOR SETTLEMENT
PURPOSES ONLY.
SCALE. 1'= 30'
PLAN SHEET: 2
TAX MAP REF. 10-17-1033-29
TOTAL LENGTH OF R/W
ON PROPERTY. 40.0'
~Gannett Fleming, Inc,
~ ENlIN:ERS IN) R.HI'ERS
'WR16BlRl. F'EN'6\\.V_IA ~ 1994
M-4
M-3
POINT OF
S BEGINNING
N/F GOOD HOPE MILLS, INC.
94-15
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
DONALD A.DUVALL AND
JoANN DUVALL,HIS WIFE
OF HAMPDEN TOWNSHIP,CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANNIA
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94-16
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
GEORGE E. ZEARING AND
ELIZABETH A. ZEARING, HIS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southeastern comer of property of George E. and Elizabeth A. Zearingj thence northwesterly
along said centerline of private road N 63028' W, 40.0 feet to a point, said point being the
southwestern corner of the aforesaid Zearing property.
The above described line being the southerly edge of a permanent easement having a
variable width from 2.20 feet at the point of beginning to 8.29 feet at the point of ending. Also
included along the north side of the permanent easement is an additional width of 10 feet for the
purposes of construction only. Tota11ength of right-of-way on property, 40.0 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
I
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40.0'
GEORGE E. lURIt<<l
AND
IELllABETH A. lURING.
HIS WIFE I
DEED REf. I E-31-562 I
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.b 111
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NIl' DuVALL
NIl' WOLL
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HOUSE
M~-
S 5s03S'E
~ MILL ROAD
"N 63028' W
40.0'
TEMPORARY
SEWER R/W
PERMANENT
SEWER R/W
8.29'
/;.337.21'
{ M-3
POINT OF
BEGINNING
Jlllia..
THIS PLAT REFLECTS THE ACCURACIES OR
INACCURACIES Of THE OEEDS Of RECORD
AND I S TO BE USED fOR SETTLElIEHT
PURPOSES ONLY.
NIl' GOOD HOPE MILLS, INC.
94-16
SCAlEI I' = 30'
PLAN SHEETI2
TAX MAP REFIIO-17-1033-30
TOTAL lENGTH OF R/W
ON PROPERTYI40.0'
~Gannett Fleming, Inc.
~ ENl'I'EERS ND ~
_16Ill.RI. f'EI'<<;\\.V~IA NMloIDl 1094
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
GEORGE E, ZEARING AND
ELIZABETH A.ZEARING.HIS WIFE
OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANNIA
.
. .
, . .
94-17
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
COLBY S. WOLL
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southwestern corner of property of Colby S. Wollj thence southeasterly along said centerline
of private road S 630 28' E, 40.0 feet to a point, said point being the southeastern corner of the
aforesaid Woll property.
The above described line being the southerly edge of a temporary easement of a total
width of 10 feet para11elto the above described line for the purposes of constrUction only. Total
length of right-of-way on property, 40.0 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
E)(HIBJ:1' ,;
I liE""'"
".,...~...>- - .--' ,
~
~,
CI
~
; .~
N/F ZEARING
N/F WALKER
S 38035'E
40:0;
I
I COLBY S. WOLL I
DEED REF. I R-33 I
W VI
-
~ ~
ll)-l
N .:..
Ul-l
..,.C:O
10..,.
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r-Ul
tt')1O
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I HOUSE
I
I
TEMPORARY
SEWER R/W
10'PARALLEL
I
I
POINT OF
BEGINNING
M-4
JIm\..
THIS PLAT AEF\.ECTS TIE ACClJlACIES OR
INACCURACIES OF TIE DEEDS OF RECORD
AIIl I S TO BE USED FOR sETT\.EIlENT
1'UlP0SES OlI.Y.
SCALE. 1 ' = 30'
PLAN SHEET. 2
TAX MAP REF. 10-17-1033-31
TOTAL lENGTH OF R/W
ON PROPERTY. 40.0'
*Gannett Fleming, Inc,
~ ENJlt6I'lS ~ R.N<<llS
HlmIlD.RI, PE1>NS~VNl'lI A to.seER'
S 550 35' E
N/F COOD HOPE ~ILLS. INC.
. I . .
NIF ARNOLD
~ MILL ROAD
5 630 28' E
40.0'
~
~337.21'
M-3
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
COLBY S. WOll
OF HAMPDEN TOWNSHIP,CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP. CUMBERLAND COUNTy,PENNSYLVANNIA
94-17
^~"..H,,,,,,,,,<,"-.4-_-_,%-'1!
r." -.
. . .
, , .
94.18
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
EARL ARNOLD AND
JANICE ARNOLD, IDS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southeastern comer of property of Earl and Janice Arnold; thence northwesterly along said
centerline of private road N 630 28' W, 42.0 feet to a point, said point being the southwestern
,
comer of the aforesaid Arnold property.
The above described line being the southerly edge of a temporary easement having a
variable width from 0.97 feet at the point of beginning to 6.68 feet at the point of ending, for
the purposes of construction only. Total length of right-of-way on property, 42.0 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
;;
. EXHIBIT
I',,, F" . ,
.'
. . .
~
~
'J,
~
N/F WALL
TEMPORARY
SEWER R/W
N/F WALKER
w
s 3a.:.~5' t
40.0'
EARL ARNOLD AND
I JANICE ARNOLD.
I HIS WIFE
DEED REF. I 1.1-21 I (/l
-IUl
I\) (1)
- 0
. Ul
~ 1.0
~lf)
o N,
1'-(1)
1'1')1'1')
Z
~
N/F ARNOLD
-
HOUSE
(t MILL ROAD
N 63028' W
42.0'
6.68'
0.97'
POINT OF
BEG]NN]NG
~ ~3
-337.2]'
M~ -,
S 55035~EJ
.l!DIE1-
THIS PLAT REFLECTS THE ACCURACIES OR
INACCURACIES OF THE OEEDS OF RECORD
AND I S TO BE USED FOR SETTLElIENT
PURPOSES OHL Y .
SCALE. I' = 30'
PLAN SHEET I 2
TAX MAP REF. 10-17-1033-32
TOTAL LENGTH OF R/W
ON PROPERTYI42.0'
~Gannett Fleming, Inc.
~ EN311'mlS He f\.NoNJ<S
~16ILOO. PEf',N5~VAN'lIA ~ 1994
N/F GOOD HOPE MILLS, INC.
94-18
SEWER RIGHT-OF-WAY
TO BE AcaUIRED FROM
EARL ARNOLD AND
JANICE ARNOLD, HIS WIFE
OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANNIA
.\
.;.:
. , ,
94.21
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
CHARLES E. LOPERT AND
DIANE M. LOPERT, HIS WIFE
BY
HAMPDEN TOWNSHIP SEWER AUTHORITY
,
DESCRIPTION FOR RIGHT. OF-WAY NO. I
BEGINNING at a point on the centerline of Mill Road, a private road, said point being
the southeastern comer of property of Charles E. and Diane M, Lopert; thence northerly along
said centerline of private road N 040 39' E, 108.12 feet to a point on the westerly line of said
Lopert property, said point being distant 24.93 feet and measured in a southwesterly direction
along said westerly property line from the northeasterly comer of the aforesaid Lopert property.
.J
The above described line being the southerly edge of a permanent easement having a
variable width from 9.54 feet at the point of beginning to zero feet at the point of ending. Also
included along the north side of the permanent easement is an additional width of 10 feet, for
the purposes of construction only.
DESCRIPTION FOR RIGHT.OF.WAY NO.2
BEGINNING at a point of intersection of the centerline of Mill Road with the northerly
line of the aforesaid Lopert property, said point being the northwesterly property comer; thence
in an easterly direction along said northerly property line N 520 35' E, 163.80 feet 10 a point
EXHIBIT. .
J ...1~\1
'-
. .
94-21
of intersection of said northerly property with the centerline of Good Hope Road, said point
being the northeasterly property comer.
The above described line being the northerly edge of a permanent easement of a total
width of 30 feet parallel to the above described line. Total length of right-of-way on property,
271.92 linear feet.
Easement lines to be as shown on the plat attached hereto and made a part of this
description.
.
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94-22
Page 1
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
WILLIAM IRL RUGGLES AND
JULIE PATRICIA RUGGLES, IDS WIFE
BY
..
'f.'
HAMPDEN TOWNSHIP SEWER AUTHORITY
,.,
f
ALL that certain tract and parcel of land located in the Township of Hampden, County
"
"
of Cumberland and State of Pennsylvania, more particularly bounded and described as follows
it
~,
to wit:
<\.; .'-
DESCRIPTION FOR RIGHT-OF-WAY NO.1
BEGINNING at a point, said point being the southwesterly comer of property of William
I. and Julie P. Ruggles; thence in a northeastwardly direction along the southerly property line
of Ruggles N 690 41' E, 78.98 feet to a point; thence westwardly through the Ruggles property .
N 860 90' W, 75.63 feet to a point; thence N 30031' W, 151.45 feet to a point on the westerly
line of property of Ruggles; thence in a southwardly direction along said westerly property line
S 17050' E, 191.48 feet to a point, the place of beginning.
DESCRIPTION FOR RIGHT-OF-WAY NO.2
BEGINNING at a point, said point being the northwesterly comer of the aforesaid
Ruggles property; thence in a northeastwardly direction along the northerly property line of
EXHIBIT.' ".
Ruggles N 680 32' E, 9,54 feet to a point; thence southwardly through the Ruggles property
I "\4'"
.'
. ~ .
94-22
Page 2
S 05036' E, 27.86 feet to a point on the westerly line of property of Ruggles; thence in a
northwardly direction along said westerly property line N 17050' W, 25.58 feet to a point, the
place of beginning.
The above described lines being the perimeter of variable width permanent easements.
Also included along their entire lengths is a variable width, up to 10 feet, on the east side of the
permanent easements for the purposes of construction only, as shown on the attached plat. Total
area of right.of~way on property, 2,948.5 square feet.
Easement lines to be as shown on the plot attached hereto and made a part of this
description.
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IN RE: CONDEMNATION OF LANDS
IN THE TOWNSHIP OF HAMPDEN,
CUMBERLAND COUNTY, PENNSYLVANIA'
BY THE HAMPDEN TOWNSHIP SEWER
AUTHORITY FOR INSTALLATION OF
A SANITARY SEWER SYSTEM
: IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q;_ \~;'1 (\~\\... T<'t,1'l)
IN REM
MBMORANDUM OP RBCORDING
TO: THB PROTHONOTARY
Please be advised that in accordance with the provisions of
the Eminent Domain Law of 1964, you are hereby notified that Notice
of the Filing of the
Cumberland County in ilL
Declaration of Ta~ing to the above term and
in the Office of the Recorder of Deeds of
lleED .J\C'l
, 'al.l!&llS Book -,
, Page '} \ \
number is of record
DATE: e/ Ic../q S
~MUJ.O~MuaUC'
\lo'~;:;:.'tk;i:;:';;;:'>'"
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IN RE: CONDEMNATION OF LANDS
IN THE TOWNSHIP OF HAMPDEN,
CUMBERLAND COUNTY, PENNSYLVANIA
BY THE HAMPDEN TOWNSHIP SEWER
AUTHORITY FOR INSTALLATION OF
A SANITARY SEWER SYSTEM
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
.
.
: NO. 95-1357 CIVIL TERM
.
.
: IN REM
PROCESS or SERVICE
"
, COMMONWEALTH or PENNSYLVANIA:
:
COUNTY or DAUPHIN :
J. Jay cooper, Right-Of-way Solioitor for the Condemnor in the
above proceedings, being duly sworn, deposes and says that he
served Notioe of the Filing of Declaration of Taking on the
condemnees as follows:
"', .
George E. Zearing and Elizabeth A. Zearing
Colby S. Woll
william Andring (equitable owner)
Janice Arnold (legal owner)
Charles E. Lopert and Diane M. Lopert
Irl Ruggles and JUlia patricia Ruggles
~
3/25/95
3/18/95
3/18/95
3/18/95
3/24/95
3/20/95
3/22/95
3/18/95
3/18/95
lW1E
"
Robert L. snyder and Kathi I. snyder
Joann Duvall and Michelle E. Armstrong
Joann Duvall
i
all in accordance with the provisions of section 405 of the Eminent
Domain code, Act of June 22, 1964 (special session) P.L. 84,
"
. .
,
Article lV, as amended, by sending such notice by certified mail,
return receipt requested, to the last known address of such
Condemnees.
J~~Jp~~qUire
Sworn to and subscribed
before me this \~\f\day
of j\-1'(2.\ L , 1995.
~~~_~. tb)ttU2e.o--
My commission Expires:
"
",
Nolarlal Soal
Klmborly S. DeFolco, Notory Publlo
Harnsburg, Dauphin County
My Commission E.plros Ocl. 24,1998
,.j'
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@jeT 1 0 1997 '
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GOLDBERG, KATZMAN a StuPMAN, P.c.
I. I.y COllI'tt. Boqul.. .1.0, 131720
AIIo",*y, rOt
310 M.rk'l SlIMl
P. O. Bo. 1161
Hlrrlobu", PA 171oa.l161
(717) 134-4161
IN RE: CONDEMNATION OF LANDS
IN THE TOWNSHIP OF HAMPDEN
CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE
HAMPDEN TOWNSHIP SEWER
AUTHORITY FOR INSTALLATION
OF A SANITARY SEWER SYSTEM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1357 CIVIL TERM
f~ ~ .
IN REM
ORDER FOR APPOINTMENT OF BOARD OF VIEW
. .tJ. -/. /
AND NOW, to wit, thisLl. day of OCt (IJ) tIC.
, 1997, upon consideration
of the within Petition and upon Motion of J. Jay Cooper, Esquire, Attorney for Petitioner, the
Court appoints:
I;Ll/II,'Ay)} L. _eNtiA y) iS~
~ l'1"uLL Acji./
~lmf./2 L, 121 'th:~.
~ 'I
as a Board of View, and further ORDERS that the Board of View perfonn its duties in accordance
with the laws and Acts of Assembly in such case made and provided.
BY THE COURT:
Jd ~~(~ '~1.J.
.' ..
GOLDBERG. KATtMAN . S1I1PMAN, P.C.
J. J'yCooptr. s.qutro -I,D. 131710
AIlD""y' rot
320 MIIt.III_
P. 0, Box 1261
Honlcbu... PA 17101-1261
(717) 234-4161
IN RB: CONDEMNATION OF LANDS
,IN THE TOWNSHIP OF HAMPDEN
CUMBERLAND COUNTY,
PBNNSYLVAJUA,BYTHB
HAMPDEN TOWNSHIP SBWER
, AUTHORITY FOR INSTALLATION
OF A SANITARY SEWER SYSTEM
, .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PBNNSYLV ANIA
CIVIL ACTION - LAW
NO. 95-1357 CIVIL TERM
IN REM
PETITION FOR APPOINTMF~ OF BOARD OF VIEW
TOmE HONORABLE, TIlE JUDGES OF SAID COURT:
The Petitioner, The Hampden Township Sewer Authority, Hampden Township,
Cumberland County, Pennsylvania, respectfully represents that:
1. Your Petitioner is a municipal corporation created under the provisions of the
Municipality Authority Act of May 2, 1945, P.L. 382, as amended (52 P.S. 301).
2. Your Petitioner has undertaken the project of constructing and extending a sanitary
sewer system to serve the residents of Hampden Township.
FlIJD.OFFICr:
C~ 11": P'Il".'[\"'OT""y
. , _I, . ';.. l ...... ,\11
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,',,~<'_ - ";;,;;~;;;~L-;.';:~";,};~;~~~..' ~;".: -;~..1':' i.,' ';-1W.:..~l;i~~::;1,.~~:bk"~:i::!\~~:",:JLitQl~t~2:~l~/tKt'~":'~~7~;~tS'S..L~
91 OCT 15 liH 10: 2 !
CU~IL "I'l ",', "u"'J"lY
1,1 OJ;: ~l }1; ~LJ '-' ' I"
FEt\NS'yLVI\NIi\
5. Subsequent to the undertaking of the extension of the sanitary sewer system known
as Mill Road, your Petitioner duly adopted on August 14, 1996, a resolution in conformity with
and in pursuance of the Municipality Authorities Act of May 2, 1945, P .L. 382, 53 P .S. 301, et
seq., and particularly Section 4(r) and (s) thereof, which Act provides for assessments on the basis
of benefits.
3. Pursuant to the requirements to extend the sanitary sewer system, your Petitioner
has caused the firm of Gannett Fleming, Inc. to design and supervise the construction of the
extension to the sanitary sewer system know as the MllI Road extension.
4. Upon completion of the plans and specifications for said sanitary sewer extension,
your Petitioner entered into construction contracts after proper notice and advertisement, and
subsequent thereto, contractors with whom the Petitioner contracted undertook the construction
of the sanitary sewer extension in conformity with the plans and specifications prepared as
aforesaid and now have completed said construction.
6. Section 4(r) of said Act (53 P.S. 306(r)) provides that benefits shall be assessed in
the manner provided by Section II of the Act for the exercise of the right of Eminent Domain.
7. Section II of the said act (53 P.S. 314) provides that the right of Eminent Domain
shall be exercised by the Authority in the manner provided by law for the exercise of such right
by the municipalities of the same class as the municipality by which such Authority was organized.
2
8. Hampden Township Sewer Authority was organized by Hampden Township,
Cumberland County, Pennsylvania, a First Class Township.
"
9. The First Class Township Code (Act ofJune 24, 1931, P.L. 1206,53 P.S. 55101)
., in Article XXIV, Section 2401 (53 P.S. 57409) et seq., provides for the assessment of damages,
and benefits arising from a municipal improvement such as the one undertaken by your Petitioner.
10. Article XXIV, Section 2409 of the said Act (53 P.S. 57409) et seq., provides that
the Court of Common Pleas shall be petitioned for the appointment of viewers to assess benefits.
11. Attached hereto and marked as Exhibit. A" is a list of the property owners and their
addresses of which Petitioner requests the viewers to assess benefits only.
12. Your Petitioner believes, and therefore avers, that the property owners listed on
Exhibit · A" have been benefited by the Mill Road sanitary sewer extension.
13. By reason of the aforesaid, your Petitioner requests that viewers be appointed to
assess such benefits as may be appropriate.
14. Your Petitioner will furnish to said Board of View information supplied by its
consulting engineers indicating the properties for which the Front Foot Method of assessment was
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deemed legally inapplicable, or would not adequately measure the benefit to a property or
properties, or would result in an inequitable assessment.
, 1S. Your Petitioner has given notice to all of the property owners noted in Exhibit · A'
pursuant to Rule 100 of the Rules of Court of the Ninth 1udicial District, Cumberland County,
. Pennsylvania, advising said property owners of this Petition.
WHEREFORE, Your Petitioner prays your Honorable Court to appoint a Board of View
to assess benefits against or in behalf of the owners of properties affected by the improvements
set forth in this Petition and to make report thereof in accordance with the provisions of the First
Class Township Code.
HAMPDEN TOWNSHIP SEWER AUTIlORITY
By:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By:
~~Cer~
1 ay per, uire
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COMMONWEALllI OF PENNSYLVANIA
COUNTYOF 'D1\u.PH, ~\
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Personally appeared before me, a Notary Public, In and for said Commonwealth and
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County, William 1. Greene, who, being duly sworn according to law, deposes and says that he
Is the Chairman of the Hampden Township Sewer Authority, and that the facts set forth In the
within PetItion, so far as they are within his personal knowledge, are true and correct, and so to
facts based upon the Information of others, he believes them to be true and correct.
Sworn to and s~fribed
before me thls\tilay of
<'U!.i'cPei? ,1997.
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Notary Public J
My Commission Expires:
Notarial Seal
KImberly S, DeFelco, Notary Public
Harrieburg, Dauphin Counl)'
My Commission e,plros Oct, 24, 1998
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Tax Map parcel No. 10-17-1033-37
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Mr. William Ir1 and Mrs. Julia Patricia Ruggles
900 Mi1I Road '
Mechanicsburg, PA 17055
Property located on Mill Road, Mechanicsburg, PA
EXlllBIT l.C A"
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