HomeMy WebLinkAbout95-02712
LAW offiCii
SNELtlAKER
.
etUrHlLMM,
said public meeting, being the minutes thereof, and the original
resolution may be examined at tlte school District's office, a
copy of said Resolution being attached hereto marked "Exhibit 1"
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
easements and rights-of-way in land for the construction,
operation and maintenance of stormwater drainage facilities in
connection with public school facilities by said School District.
5.
Attached to the School District's Resolution (Exhibit 1
hereto) marked "Exhibit A" and incorporated therein and herein is
a legal description of the land situate in the Township of
Hampden, Cumberland county, Pennsylvania, necessary to be
obtained for the purposes, as aforesaid. A copy of said
description 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.
6.
The nature and extent of the title of and to the land
acquired hereby are permanent and temporary easements and rights-
of-way for the purpose of constructing, operating and maintaining
-2-
certaIn stol"mwntol' IlrnlnillJO 'i\l'1111100 In "onlll,,'t Ion wlth public
Bcltool ladlltles aB allllJ ","1 moro fully flot 'orllt In /lectlon I
of salll Hesolullon ("Exltlhll I") wltlch UIII<I Ill",t 1011 Is
opocllllCll11y Irwot'lHH'atoll heroin hy l'O'lllunu.. tlw'uto.
'I.
Tlte names 01 tlto CondomnllulI Ituroln arll ,'AilE C. FLEMJNG nnd
DAVJD G. FLEMING whoso MI,lroBIl Is 20', /louth l>I'orlll1() /llll Hoad,
Mechllnlcsburg, I'A l'lO!:l':l.
II.
The above named CondemnooB n re the Ownlll'U 111 1 De a I mpl e of
the land theraln being taken, npproprlatoll I\lId condemned.
9 f
The survey map or plan delwrlhlnq nnd showlnq the condemned
land may be inapectod at tlte office 01 the Cumberlnnd Valley
school DIstrIct., 6'14f, Cnrllslll I'lko, Mel'lllllllcsburg (IHlver Spring
'l'ownahlp), Cumberlnl1d county, I'A Do.,!).
10.
'J'he 8cl1001 !lIBtrlct., np CO/lllumnor, II Iou contemporaneously
herewIth Its lIond, wlthoul 8Ul'oty, pUlIllJilnt to /luction 403(a) of
the Emlnont !lomaln Codo "10/'('8111<1, wltklt 1I0'HI !lBCUI-as just
compensation to Iltll Con<lomnooll.
('lIM1II':'lI.ANIJ VALLEV /lCIlOOL I>ISTRICT
~.A'" lit I .(-l.
BNf,t UAIU It
.
(jIHWH "'lo\l~
ATTESTI
,~,fl,':,nr(JI"ry
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WHEREAS, in accordance with Article VII, section 721 et seq.
of the public School Code of 1949, Act of March 10, 1949, P.L.
30, as amended (53 P.S. S 7-721 et seq.), the District is
authorized to acquire and secure title in anrt to the said land
for school purposes through eminent domain proceedings;
NOW, THEREFORE, on motion duly made, seconded and passed on
roll call vote by the Board of School Directors of the Cumberland
Vallsy School District, be and it is hereby
RESOLVED:
SECTION 1: This District hereby selects, condemns and
appropriates those premises set forth in the legal description
("Exhibit A") attached hereto and incorporated herein by
reference thereto, which indicates the land selected, condemned
and appropriated and the names of the owners of the property
interests condemned as reasonably known to the District.
The nature and extent of the title to be acquired under this
Section 1 is a permanent eusement and right-Of-way for the
installation, construction, repair, maintenance, inspection and
replacement of permanent stormwater drainage facilities with
temporary easement and right-of-way for use during construction
of the facilities, all as more fully set forth on IlExhibit A".
SECTION 2: The Board of School Directors of the Cumberland
Valley School District and its proper officers are hereby
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
-2-
EXHIIlI'f A
I..EGAL DESCRIPTION
ALL that certain piece or parcel of land situated in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described in accordance with a survey thereof
made Derck aud Edson Associates, Landscape Architects and Land Planners,
dated March, 1995, as follows I
[l'ERM/INEN'f EASEMENT AND RIGHT-OF-WAY]
..0IKlII0 at the point at int.rs.ction at the .outh.rn Legal
Limit at Slop. ot U.S. Rout. 11 (SR 0011) and the .a.t.rn Right-
ot-Way line ot sporting Hill Road (40' Right-ot-way), .aid point
b.ing South 05 d.gr..., 52 minut.., 54 ..cond. E..t, 23.79 teet
tram the point ot int.rs.ction at the .outh.rn Leg.l Right-ot-W.y
Lin. tor Limit.d Ace... ot U.S. Rout. 11 (SR 0011) and the .
.a.t.rn line ot sporting Hill Road and th.nc. proc..ding a.
tallow..
1.
East.rly on a curv. to the l.tt, along ..id Leg.l
at Slop., d.tl.cting 00 d.gr..., 27 minut.., 09
..cond., . di.t.nc. ot 25.42 t..t on . radius ot
3219.36 t..t to a point, thence
2. south 36 d.gr..., 37 minut.., 28 ..cond. W..t, 31.75
t..t to . point in the ...t.rn Right-ot-W.y line ot
sporting Hill Road, th.nc.
Li.it
3. North 05 d.gr..., 52 minut.., 54 ..conde W..t, .long
.aid ...t.rn Right-ot-W.y line at sporting Hill Ro.d
37.04 t..t to the point or pl.c. at BEGINNING.
said p.rm.n.nt drainage ....m.nt containing 396.88 .quar. t..t.
TOGETHEI\ with a temporary easement and right-of-way for use during
construction of tlte drainage facilities to be installed within the
limits of the permanent easement described hereinabove, as more
particularly bounded and dosed bed in accordance with the survey
aforesaid as followsl
[TEMl'OHARY EflSEMENT AND RIGHT-OF-WAY]
..01..110 at the point at int.r..ction at . p.ra.n.nt drain.g.
......nt and the .a.t.rn RiqhtMot-W.y line at sporting Hill Ro.d
(40' Right-at-way), ..id point b.ing South 05 d.gr..., 52
minut.., 54 ..cond. Ea.t, 75.63 t..t tro. the point at
int.rs.ction ot the .outh.rn Leg.l Right-ot-W.y Lin. tor Limited
Acc... at U.8. Rout. 11 (SR 0011) and the e..t.rn line at
sporting Hill Road and thenc. proc..ding .. tollow..
1. North 36 degre.., 37 minut.., 28 ..cond. Ea.t, .long
laid p.rmanent drainage .a....nt, 31.75 t..t to the
point at int.r..ction with the Leg.l Limit ot Slop. ot
U.S. Rout. 11 (SR 0011), thence
2.
Limit
3.
Easterly on a curve to the lett, along said Legal
at Slope, detlecting 00 degrees, 30 minutes, 36
.econds, a distance at 28.66 teet on a radius at
3219.36 teet to a point, thence
North 25 degrees, 49 minute~, 26 seconds East, on a jog
in said Legal Limit at Slope, 5.00 teet to a point,
thence
8. We.terly on a curv. to the right, d.tl.cting 00
degre.., 41 minute., 33 ..cond., a di.tanc. at 38.91
t..t on a radius at 3219.36 t.et to a point, thenc.
9. South 84 degre.s, 07 minute., 06 ..cond. W..t, 54.44
teet to a point, thence
10. South 36 degrees, 37 minute., 28 ..cond. W..t, 15.39
teet to a point in the eastern Right-ot-Way line ot
sporting Hill Road, thence '
11. North 05 degrees, 52 minutes, 54 ..cond. W..t, 14.80
t..t along said eastern Right-at-Way line at Sporting
Hill Road to the point or plac. at BEGINNING.
Said temporary construction easement containing 1,369.15 .quar.
teet.
IlEING portions of tltat certain larger premises whiclt became vested
in Jane C. Fleming and David G. Fleming, Iter husband, Condemnees
Iterein, by deed dated Jnnuary 2l, 1986, and recorded in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
1n Deed nook OS", Volume 3l, Pnge 882, from Artltur D. and Rutlt L.
Copenltaver, husband and wife.
4.
Easterly on a curve to the lett, along said Legal Limit
at Slope, detlecting 00 degrees, 54 minutes, 45
seconds, a distance at 51.19 teet on a radius at
3214.36 teet to a point, thence
North 24 degrees, 54 minutes, 41 seconds East, on a jog
in said Legal Limit at Slope, 10.00 teet to a point,
thence
5.
Easterly on a curve to the l.tt, along .aid Legal Liait
at Slope, detlecting 00 degre.., 10 ainut.., 41
..cond., a distanc. at 9.95 te.t on a radius at 3204.36
te.t to a point, thence
7. South 24 degrees, 44 minute., 01 ..cond. We.t, 15.00
te.t to a point, thence
6.
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SNEl-llAI<F-R
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DfttlUJl MAN
IN IlE: CONDEMNATION OF LANDS,
EASEMENTS AND IlIGIITS-OF-WAY
IN IIAMPDEN TOWNSIIIP,
CUMBERLAND COUN1'Y,
PENNSYLVANIA, BY TilE
CUMBEIlI,AND VALLEY SCIIOOL
DISTIlICT FOil 1'IIE DEVELOPMENT,
CONS1'RUCTION, OPERA1'lON AND
MAINTENANCE OF PUBLIC SCHOOL
FACI Ll1'I ES
IN TilE COUll'!' OF COMMON PLEAS ot'
I CUMBERLAND COUNTY, PENNSYLVANIA
CI VlL AC'nON - LAW
NO. 95- .:n,.z. CIVIL TEIlM
IN REM (EMINENT DOMAIN)
CONDEMNOIl'S BOND
KNOW ALL MEN BY THESE PRESENTS, that the CUMBERLAND VALLEY
SCIIOOL DISTRICT, a public school district 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 owner or owners of the properties or property
interests condemned as hereinafter noted, and other proper
parties in interest, for such amount of damages as the said owner
or owners of the said properties or property interests and other
parties in interest shall be eneitled to receive after the same
shall have been agreed upon or assessed in the manner prescribed
by law, by reason of tlte condemnation by the CUMBBIlLAND VALLEY
SCIlOOL DISTRICT of certain lands and property interests located
in the Township of Ilampden, cumberland county, Pennsylvania, more
fully shown and described in "Exltibit 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 referance
thereto.
.
-
SEALED with the official corporate school district seal and
duly executed this /6~
day of May, 1995.
WHEREAS, the CUMBERLAND VALLEY SCIlOOL DISTRICT has condemned
the aforementioned property interests and cannot agree with the
owner or owners thereof upon the just compensation to be paid for
the damages sustained by the owner or owners of the property
interests as a result of the condemnation;
NOW, THE CONDITION of this Bond is such that if the
CUMBERLAND VALLEY SCIIOOL DISTRICT, the Obligor herein, shall pay
or cause to be paid such amount of damages as the said owner or
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.
CUMBERLAND VALLEY SCHOOL DISTRICT
By
ATTEST I
~;Cs~~,.t.,y
(OffiCial Seal)
LAW orne...
6NHUAKtn
.
DIH.NIUM^,~
-2-
EXHIBIT A
LEGAL DESCRIPTION
ALL that certain piece or parcel of land situated in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described in accordance with a survey thereof
made Derek and Edson Associates, Landscape Architects and Land Planners,
dated March, 1995, as follows:
[PERMANENT EASEMENT AND RIGHT-OFMWAY)
.IGI..x.G at the point at intersection at the .outhern Legal
Li.it at Slope at U.S. Route 11 (SR 0011) and the ea.tern Right-
at-Way line at sporting Hill Road (40' Right-at-way), .aid point
being South 05 degree., 52 .inute., 54 .econd. Ba.t, 23.79 teet
fro. the point at inter.ection at the .outh.rn Legal Right-at-Way
Line tor Li.ited Acce.. of U.S. Route 11 (SR 0011) and the '
ea.tarn 1.ina at sporting Hill Road and thence proceeding a.
tallow.:
1.
Li.it
Ea.terly on a curve to the lett, along .aid Legal
at Slope, deflecting 00 degree., 27 .inut.., 09
..cond., a di.tance of 25.42 t..t on a radius at
3219.36 teet to a point, thenc.
2. South 36 degree., 37 .inute., 28 ..cond. We.t, 31.75
t..t to a point in the .a.tern Right-at-Way line at
sporting Hill Road, thenc.
3. North 05 degre.., 52 .inut.., 54 ..cond. We.t, along
.aid .a.tern Right-at-way line at sporting Hill Road
37.04 te.t to the point or place ot BEGINNING.
said p.rman.nt drainage .a.e.ent containing 396.88 .quare t..t.
TOGETHER with a temporary easement and right-of-way for use during
construction of the drainage facilities to be installed within the
limits of the permanent easement described hereinabove, as more
particularly bounded and described in accordance with the sur~.y
aforesaid as follows:
[TEMPORARY EASEMENT AND RIGHT-OF-WAY]
.IGI..I.. at the point of inter.ection of ft perman.nt drainage
.a....nt and the oa.t.rn Right-at-Way line at sporting Hill Road
(40' Right-at-Way), .aid point b.ing south 05 d.gr..., 52
.inute., 54 ..cond. Ea.t, 75.63 te.t tro. the point at
inter.ection of the .outh.rn Legal Right-at-Way Line tor Liaited '
Acce.. of U.S. Route 11 (SR 0011) and the ...tern line of
sporting Hill Road and th.nce procaeding a. tallow.:
1. North 36 degrees, 37 .inute., 28 ..cond. Ea.t, along
said perman.nt drainaga .a....nt, 31.75 feet to the
point at intersection with the Legal Li.it at Slope of
U.S. Route 11 (SR 0011), thence
-- - ."
2.
3.
4.
Limit
Ea.terly on a curve to the left, along eaid Lega]
of Slope, deflecting 00 degree., 30 ainute., 36
.econd., a distance of 28.66 feet on a radiue of
3219.36 reet to a point, thence
North 25 degrees, 49 minute., 26 .econd. East, on a jog
in said Legal Limit of Slope, 5.00 feet to a point,
thence
5.
Easterly on a curve to the left, along said Legal Limit
of Slope, deflecting 00 degree., 54 ainutes, 45
seconds, a distance of 51.19 feet on a radius of
3214.36 reet to a point, thence
North 24 degrees, 54 minute., 41 .econds East, on a jog
in said Legal Limit of Slope, 10.00 feet to a point,
thence
Easterly on a curve to the left, alon9 said Leqal Limit
of Slope, deflecting 00 deqree., 10 minute., 41
second., a di.tance of 9.95 feet on a radius of 3204.36
feet to a point, thence
7. South 24 degrees, 44 ainutee, 01 second. We.t, 15.00
feet to a point, thence
6.
8. Westerly on a curve to the ri9bt, deflecting 00
degrees, 41 ainutes, 33 .econd., a di.tance of 38.91
feet on a radius of 3219.36 feet to a point, thence
,
9. South 84 degree., 07 ainute., 06 .econd. We.t, 54.44
feet to a point, thence
10. South 36 degree., 37 ainute., 28 .econd. West, 15.39
feet to a point in the eastern Right-of-Way line of
sporting Hill Road, thence '
11. Korth 05 degree., 52 ainute., 54 .econd. We.t, 14.80
feet along said ea.tern Right-of-Way line of Sportin9
Hill Road to the point or place of BlGIKKIKG.
Said temporary conatruction easement containing 1,369.15 square
feet.
BEING portions of that certain larger premises which became vested
in Jane C. Fleming and David G. Fleming, her husband, Condemnees
herein, by deed dated January 21, 1986, and recorded in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
in Deed Book "S", Volume 31, Page 882, from Arthur B. and Ruth L.
Copenltaver, husband and wife.
CONDEMNEES (OWNERS) I
Jane C. Fleming
David G. Fleming
Addrossl 205 South Sporting Hill Road
Mechanicsburg, PA 17055
CONDEMNOR I Cumberland Valley School District
Address I 6746 Carlisle pike
Mechanicsburg, PA 17055
INTERESTS BEING TAKEN: Permanent easement within the area first
designated above for the purpose of installing,
constructing, laying, using, operating, main-
taining, inspecting, removing, repairing and
relaying or reinstalling from time to time,
a stormwater drainage pipe and other stormwater
management facilities for the transmission of
stormwater and all necessary fittinge, parts,
manholes, inlets and other necessary appurtenances,
together with the rights of ingress, egress and
regress into, over, upon, across, under and
through said permanent easement area for the
exercise of the rights taken herebYI
Together with the rights of ingress, egross and
regress into, over, upon, across and th~ough
the the area designated above as "Temporary
Easement and Right-of-Way" for the purposes of
constructing, installing and laying the storm-
water drainage facilities within the permanent
easement, said latter rights being temporary and
to exist only during the installation, construction
and laying of the permanent drainage facilities.
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Z 115 1.97 11,0
Receipt for
Certified Moll
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tlu 1.,1011181111' I U\I'lIl\J" I'lo\lldl!lt
Do 11111 II III! I," Illh'IIIi111111l/ll MOil
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LAW tHrlCf'
6NELUM<U,
.
DRtNtllM^N
JANE 0 PLEHINO
DAVID 0 PLDlINO
205 SOUTH SPORTINO HILL ROAD
HE C8BURO PA 17055
, Signature IAgonll
. D""mbtr 1 881
IN RE: CONDEMNATION or I~NDS,
EASEMENTS AND RIGHTS-or-WAY
IN HAMPDEN TOWNSHIP,
CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE
CUMBERLAND VALLEY SCHOOL
DISTRICT FOR THE DEVELOPMENT,
CONSTRUCTION, OPERATION ANI)
MAINTENANCE OF PUBLIC SCHOOL
FACILITIES
IN 'I'IIE COUHT or COMMON PLEAS ot'
: CUMBERI~ND COUN'fY, PENNSYLVANIA
CIVIL ACTION - I.AW
NO. 95- nil
CIVIL TERM
IN REM (EMINENT DOMAIN)
NOTICE TO CONDEMNE&a
TO: JANE C. FLEMING [Certified Mail No. Z 115 697 360J
DAVID G. FLEMING
205 South sporting Hill Road
Mechanicsburg, pA 17055
NOTICE IS HEREBY GIVEN pursuant to Section 405 of the
Eminent Domain Code (26 P.S. 1-405) that Cumberland Valley School
District as Condsmnor, has instituted eminent domain proceedings
on May 19 , 1995, docketed as aforesaid. The purposes of the
condemnation and other relevant information are contained in the
attached copy of the Notice of Filing of Declaration of Taking as
filed in the Office of the Recorder of Deeds in and for
Cumberland county, Pennsylvania, on May 19 , 1995, (Deed Book
122 ,Page 318 ) having attached thereto a copy of the
Declaration of Taking ae filed on the sams date in the Office of
the Prothonotary in and for said cumberland county, said copy ts
hereby certified by the undersigned as being a true and correct
copy of the original as filed and incorporated herein by
reference thereto.
You are further notified that if you wish to challenge the
power or the right of the Condemnor to appropriate the condemned
property, the sufficiency of the security, the procedure followed
by the Condemnor or the Declaration of Taking, you shall file
Preliminary Objections within thirty (30) days after being served
with this Notice of Condemnation.
LAW O'fICI.
BHIELUAKER
.
BAEtWEMAN
By
DATE or NOTICE: May 19 , 1995
COMMONWEALTII OF PENNSYLVANIA
ss.
COUNTY
OF
CUMIlEllLAND
On this, the 1 'JI II day of MIIY, 1995, before me, the
undersigned officer, a Notary PUblic, personally appeared WILLIAM
J. WALSII, JR., who acknowledged Itimeelf to be tlte President of
the Board of School Directors of tlte Cumberland Valley School
District, a public school district, and that he liS such
President, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name
of said Cumberland Valley School District by himself as
Pres ident.
IN WITNESS WIIEREOF, I hereunto set my hand and otticial
seal.
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Notary Public
Nolanal Seal
"tllnn" J ThOlllson. Notary PUbltc
I ~,tlC'Wlll.burg 0010 CumberlAnd County
~~ ,umf'lISfi1nro r )pllMli Doc 11 , 998
"'I'"'' 1\.,.RVt,'n'-I"~"lli~'\f_"''''YlfWI
CERTIFICATE OF RESIDENCE
I do hereby certify that the complete post office address of
the within named Condemnor
(Grantee) is 6746 Carlisle Pike,
~" )
<.: a tf~, "'---_
--~- ttorney fOi"-condeiitnor-'-
(School District Solicitor)
Mechanicsburg, PA 17055.
LAW drrlCII
6NELOAKER
.
BRErHlU',\N
Datedl May
19
, 1995
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i 1 II HE: CONDEMNATION OF LAIIDS,
I EAliEMENTS AND RIGIITS-OF-WAY
I IN HAMPDEN TOWNSlll P,
I CUMIlEHLAND COUNTY,
'j PENNSYLVANIA, BY THE
II CUMBERLAND VALLEY SCIlOOL
I DII3THICT FOH TilE DEVELOPMENT,
CONSTHUCTION, OPERATION AND
MAINTENANCE OF PUBLIC SCIlOOL
FACILI'rlES
IN TilE COURT OF COMMON PLEAS OF
CUMIlEHLAND COUNTY, PENNSYINANIA
CIVIL ACTION - LAW
NO. 95- 1.712- CIVIL TERM
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
The CUMBERLAND VALLEY SCIlOOL DISTRICT, a public school
district, acting by and through its Board of School Directors,
,
,
I does hereby file this Declaration of Taking and declares as
I
I followSl
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t (hereinafter "School District") having its principal office at
16746 carlisle Pike, Mechanicsburg (Silver Spring Township),
I Cumberland county, Pennsylvania 17055.
I
1.
The Condemnor is the CUMBERLAND VALLEY SCHOOL DISTRICT
2.
This Declaration of Taking is filed pursuant to the
autltority of Article VII, Section 721 et seq. of the Public
School Code of 1949, Act of Marclt 10, 1949, P.L. )0, as amended
(5) I'.B. S 7-721 et aeq.).
] .
1~la Declaration of Taking Ie made and authorized by virtue
LAW VtflLJI
6~tt OAKEA
.
SIUUIHMAN
lot n HBBolutlon duly adopted by tlte Iloard of Scltool Directors of
lItH' C\lmllBI"land Val ley Beltool Dial-del' at a public meeting held on
I
it1ay I'), 1\)95, at: tlte Beltool lJilltr!ct'a office. Tlte record of
said public meeting, being the minutes thereof, and tlte original
resolution may bo examined at tho School District's offico, a
copy of said Resolution being attached hereto marked "Exhibit 1"
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
easements and rights-of-way in land for the construction,
operation and maintenance of stormwater drainage facilities in
connection with public school facilities by said School District.
5.
Attached to the School District's Resolution (Exhibit 1
hereto) marked "Exhibit A" and incorporated therein and herein is
a legal description of the land situate in the Township of
Hampden, cumberland county, Pennsylvania, necessary to be
obtained for the purposes, as aforesaid. A copy of said
description 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 Ilouse 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.
6.
",AW (H,lel.
6NUnAl<ER
.
BRErmlM^,~
The nature and extent of the title of and to the land
acquired hereby are permanent and temporary easements and rights-
of-way for tlte purpose of constructing, operating and maintaining
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II
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I cert~in stormw~ter dr~inage facilities In connection with public
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school facilities as also and more fully set forth in section 1
of said Resolution ("Exhlbit 1") which said section is
specifically Incorporated Iterein by reforence thereto.
7.
The names of tlte Condemnees herein are JANE C. FLEMING and
DAVID G. FLEMING whose address is 205 South sporting Hill Road,
Mechanicsburg, PA 17055.
B.
The above named Condemnees are the owners in fee simple of
the land therein being taken, appropriated and condemned.
9.
The survey map or plan describing and showing the condemned
land may be inspected at the office of the Cumberland Valley
School District, 6746 carlisle Pike, Mechanicsburg (silver spring
Township), Cumberland County, PA 17055.
10.
The School District, as Condemnor, files contemporaneously
herewith its Bond, without surety, pursuant to section 403(a) of
the Eminent Domain Code aforesaid, which Bond secures just
compensation to the Condomnees.
CUMBERLAND VALLEY SCHOOL DISTRICT
Dy
LAW (lHICUi
SNt:l..DA.KER
.
DRe:ri~aM"N
A'l''I'ES'l':
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.---
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EylllBIT /
CUMBERLAND VALLEY SCIIOOL DISTRICT
A RESOLUTION OF TilE BOARD OF SCIIOOL DIRECTORS
OF TilE CUMBERLAND VALLEY SCIIOOL DISTRICT
AUTIlORIZING TilE SELECTION, CONDEMNATION AND
APPROPRIATION OF CERTAIN LANDS SITUATED IN
TilE TOWNSIlIP OF IlAMPDEN, CUMBERLAND COUNTY,
PENNSYLVANIA, FOR PUBLIC SCIIOOL PURPOSES, TO
WIT. TilE DEVELOPMENT, CONSTRUCTION,
OPERATION AND MAINTENANCE OF STORMWATER
DRAINAGE FACILITIES, AND AUTHORIZING THE
FILING OF A DECLARATION OR DECLARATIONS OF
TAKING AND ALL NECESSARY ACTION FOR THE
ACQUISITION THEREOF
WHEREAS, CUMBERLAND VALLEY SCHOOL DISTRICT (hereinafter
called "District") has proposed the construction of certain
public school facilities in lIampden Township, Cumberland county,
Pennsylvania (hereinafter called "Townshipl; and
WHEREAS, it is necessary that the District acquire and
secure certain lands in said Township, Cumberland county,
Pennsylvania, for the purpose of presently developing and
constructing certain stormwater drainage facilities and,
thereafter, operating and maintaining the same; and
WHEREAS, said District has determined the need to acquire
certain land owned by Jane C. Fleming and David C. Fleming, wife
and husband, which will accommodate said facilities, Which land
is more particularly doscribed in a certain legal description
attached hereto marked "Exhibit A" and incorporated herein by
reference thereto; and
WIIEREAS, the District has attempted but has been
unsuccessful in negotiating the acquisition of the land from said
owner thereof; and
WHEREAS, in accordance with Article VII, section 721 et seq.
of the public School code of 1949, Act of March 10, 1949, P.L.
3D, as amended (53 P.S. S 7-721 et seq.), the District is
authorized to acquire and secure title in and to the said land
for school purposes through eminent domain proceedings;
NOW, THEREFORE, on motion duly made, seconded and passed on
roll call vote by the Board of school Directors of the Cumberland
Valley School District, be and it is hereby
RESOLVED:
SECTION 1: This District hereby selects, condemns and
appropriates those premises set forth in the legal description
("Exhibit A") attached hereto and incorporated herein by
reference thereto, which indicates the land selected, condemned
and appropriated and the names of the owners of the property
interests condemned as reasonably known to the DJ.strict.
The nature and extent of the title to be acquired under this
section 1 is a permanent easement and right-Of-way for the
installation, construction, repair, maintenance, inspection and
replacement of permanent etormwater drainage facilities with
temporary easement and right-of-way for use during construction
of the facilities, all as more fully set forth on "Exhibit A".
SECTION 2: The Board of School Directors of the Cumberland
Valley School District and its proper officers are hereby
authorized to file such Declarations of Taking and such other
papers, documents and/or proceedings, inclUding the entry of suoh
bond as may be necessary or desirable, and to do and perform all
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EXIIIDIT A
LEGAL DESCRIPTION
ALL that certain piece or parcel of land situated in the Townsltip of
Hampden, County of Cumberland and Conunonwealth of Pennsylvania, more
particularly bounded and described in accordance with a survey thereof
made Derek and Edson Associates, Landscape Architects and Land Plannera,
dated March, 1995, as follows:
(PERMANENT EASEMENT AND RIGHT-Or-WAY)
..GI..xMG at the point of intereection of the .outhern Legal
Limit of Slope of U.S. Route 11 (SR 0011) and the ea.tern Right-
Of-Way line of sporting Hill Road (40' Right-of-way), .aid point
being South 05 degree., 52 minute., 54 .econd. Ba.t, 23.79 feet
from the point of intersection of the .outhern Legal Right-of-Way
Line for Limited Acces. of U.S. Route 11 (SR 0011) and the '
.astern line of sporting Hill Road and thence proceeding a.
followsl
1.
Li.it
Ba.terly on a curve to the left, along .aid Legal
of Slope, deflecting 00 degree., 27 .inute., 09
.econd., a distance of 25.42 feet on a radiu. of
3219.36 feet to a point, thence
2. South 36 degree., 37 minutas, 28 .econd. We.t, 31.75
feet to a point in the ea.tern Right-of-way line of
sporting Hill Road, thence
3. North 05 degree., 52 minutes, 54 second. We.t, along
said ea. tern Right-of-Way line of sporting Hill Road
37.04 feet to the point or place of BEGINNING.
said permanent drainage easement containing 396.88 square feet.
TOGETHER with a temporary easement and right-of-way for use during
construction of the drainage facilities to be installed within the
limits of the permanent easement described hereinabove, as more
particularly bounded and described in accordance with the survey
aforesaid as follows:
[TEMPORARY EASEMENT AND RIGHT-Or-WAY)
..GI..IMG at the point of intersection of a permanent drainage
easement and the eastern Right-of-Way line at Sporting Hill Road
(40' Right-ot-way), said point being South 05 degree., 52
minutes, 54 seconds East, 75.63 feet tram the point at
intersection of the southern Legal Right-at-Way Line for Limited
Acce.s of U.S. Route 11 (SR 0011) and the ea.tern line of
sporting Hill Road and thence proceeding as follows,
1. North 36 degreee, 37 .inutes, 28 .econds Baat, along
said permanent drainage easement, 31.75 teet to the
point of intersection with the Legal Limit at Slope at
U.S. Route 11 (SR 0011), thence
2.
3.
Limit
la.terly on a curve to the left, alonq .aid Legal
at Slope, deflecting 00 degree., 30 .inute., 36
.econd., a di.tance at 28.66 f.et on a radiu. of
3219.36 t.et to a point, thence
North 25 degree., 49 minute., 26 .econd. Ea.t, on a jog
in .aid Legal Limit of Slope, 5.00 teet to a point,
thence
Limit
4.
la.terly on a curve to the left, alonq .aid Legal
of Slop., deflecting 00 degree., 54 minute., 45
.econd., a di.tance ot 51.19 teet on a radiu. of
3214.36 teet to a point, thence
North 24 degree., 54 minute., 41 ..cond. la.t, on a joq
in .aid Legal Limit at Slope, 10.00 f.et to a point,
thence
5.
la.terly on a curve to the lett, a10n9 .aid Lagal Liait
of Slop., detl.cting 00 daqree., 10 .inute., 41
..cond., a di.tance ot 9.95 t.et on a radiu. at 3204.3'
t.et to a point, thence
7. South 24 d.qr..., 44 ainut.., 01 ..cond. W..t, 15.00
t..t to a point, thence
6.
8. W..t.rly on a curv. to the right, d.tl.ctin9 00
d.gree., 41 ainute., 33 .econd., a dietance ot 31.91
t..t on I rldiu. ot 3219.36 t..t to a point, th.nce
9. South 84 degr..., 07 ainute., 06 ..cond. W..t, 54.44
t.et to a point, th.nc.
10. south 36 d.gre.., 37 ainut.., 28 .econd. W..t, 15.39
t..t to a point in the ea.t.rn Right-ot-Way line ot
sportinq Hill Road, th.nce '
11. North 05 degree., 52 .inut.., 54 .econd. W..t, 14.10
teet along .aid eaetern Right-at-Way l1n. at sporting
Hill Road to the point or plac. ot BEGINNING.
said temporary con.truction .a.ement containing 1,369.15 .quare
t..t.
IlEltW portions of that c.Hlain larger premises which became vested
in ,lane C. Fleminq an<l David G. Fleming, her husband, condemnees
Iteruin, by deed <lat",1 .JnnUill"Y 2l, 1986, and recorded in the Office
01 lit.. Itecunlel- of Il.WdH in i1n<l for Cumberland County, Pennsylvania,
In lltwd Buuk "H", Volumo 31, l'aqt! 982, from Arthur Il. and Ruth L.
['op.mlti1ver, ltuBband ilnd wi ft!.
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