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HomeMy WebLinkAbout1947.01.1 - 1947 - Right of Way1~I1 ,L L. BRENNEP7AN, R~ ~- . ~ _ ,,. Z,L;~RASTr'R, and JAr.iES C. LIP?DSEY, :;ommissioners cl ,tz?;,t~e:-~la_~~' ~o~,n;;5r, ~'enz;.a.. ~ [ <<J i2 t~ ~ r ~. ~/~`_ ~l i~r111c ~%. ~1.tt1E'T' To CU~:'Derl~":lc~ COL'.?1i;y CO";nllc~'1.0?i~- LAW OFFICES OF HYMAN GOLDSTEIN I. O. O. F. BUILDING CARLISLE, PA. '^FiIS IP1zJE„TUBE Rude this /~~-day of Au~,ust, A.D. 1947, between ~`P"-" EARL L. ?~REPIPTE~JIAN, RAYi~l011D ?~. LE'7ASTFR, and JA'~~S C. LINSDEY, Commis- sinners of Cumberland County, Pennsylvania, of t?ie one part, !hereinafter kno~rn as tie parties of the first part, and ANl'dA C. BITNER, of the other part, hereinafter known as the party of the second part, ldIT1tESSF~TH: arty of the second part is t`.ie owner of a certain t©d in North ',liac3.loton Township, Cumberland County, Pennsylvania, More fully describe3 as follows J©Uinning at a point on the Letort Spring, beinG a corner ^ormerly of Richard Parker a Heirs and Jacob Katz, now owned ~;= t'~e T'nited States Government, an:l the tract by these presents ~o:~vQyed; thenec~ along said Spring according to its tours®a as 'ollowa: youth 73~'~ liegrees East, 9.5 berthas; ?Iorth 36~ Degrees, .3st, 4.5 Parches; :youth 81~ Degrees .east, 7 :,arches; Tlorth 43~ ,egrQes I.::ast, 8 Perches; South 40~ " evrees Faust, 4.5 Perches; Borth 60~ Degrees East, 15 Percl~os; north. Q~ I)e~reea East, 4 ?ercizes;'TOrth 50 3/4 Degrees East, 6 PQrcizes; South 46 3/4 ~e„rasa }~,~~st, 4 Pere~~iQS; ?`Forth 52 3/4 Je~reea East, 9 Perches; orth 6~ )e ~r~~es cast, 6 Porches; I+orth 38 Legrees East, 16 ?arches; North 89~ ?}e~;r®es East, 11 Perches; Forth 11 I.)egreee ^est, 7 Perch©s; '~Jorth 65 Degrees I~aast, F3 Perches; t2~i©rlce ;.oath 3G D®gr©es Last, 7 Perches to a Post; th®nce South lA 3/4 Degrees Sfest, ?4 Perches; t'aence South 35 Degrees '"eat, l4 Perckies; theme South 12 lle~;r©es West,. 14.4 i'erchesf thence South 40} .)agrees East, 13.B Perc~ies to a post; t~~nce `?o~ith 50~ De;;rees !last, 33 Porches to a Post; thence South 43 ,ielrea~ '~.~*et, 52.3 ~'erc'~.©s to a po3t; thenoe South GO DeLroes 6':®st, 30.1 Perches to a Post t:~l©r.ce 42 De;_,rees V~rest, 47.8 Perc?ies to a F oat; tYience 522 Degrees Fast, 28 Perc`ies to a post; thence PTorth ;7~ Degrees ~"cyst, 76 Perches to a atone; thence North 2~ Deg- r©es West, 16.5 Percaas to the place of beginning. It being tie sauce tract of land rhicYi was conveyed by K. V.. WriErht to Anna C. Bitner Gy d®ed b®aring date the 4th day o Auk;-ust, 1944, and left for record in ttze PE~corder~s Orfice in and f^r the above said County, and recorded in DeeB Hook "V", VoI. 12, Pane 420. AND V7fi1;FtFA3, the parties of the first part are the orrnera of adjoining land known as the Cumberland County :-come w_zieh last described land adjoins t~~e land of s'~nna C. Bitner; and wh®reas, the parties of the first part are d®sirous of erecting a water lino across the lands of the party of the seearic. part and to connect said line wit! ~':ie water main of the Borou;h of Carlisl©. -1- P10~'~ THIS INDENTIIRE V'VI^'PIES~ETR, that in consideration of the sum of RIVE HII2dDRED ,~~ID FIFTY 0560.00) llOLLARS, the receipt of which is conve hereby acknowledged, the said Anna C. Ritner does Pier®by releese,^g~ant, iit-claim and abandon unto th© said parties of ti® first part, s.ll that ght of way over the land of the party of ti~ second part necessary to 'fectuate the laying of a water Hain across said land ith the Borough of Carlisle water mains. said right ' way to fallow the plan as laid out on a blue print of the above ascribed tract of 1 and on file in the Office of the County Commissioners, umberland County, ennsylvania, said plan showing, the herein described o~" E-:ay on the blue print. lND t!ze party of the second part further ngreest in consideration of t!zis indenture and the ~bov9 mentioned Five Hundred and Fifty 0550.00` Dollars, t,~at the parties of the Pirst hart Qhall have the further right at any later time of laying a sewage pipe in th® same ditch ovor the same right of way in order to connect the sewage plant of the Cumberland County Home with t)~e aewa~;~ system of tb.5 ~?orou~,h of Carlisle. Titre party or' .the secor~c part grants and coneys to the parties of the first part, their successors and assigns, the perpetual right to the continued use of th® l~xr~<.s of the party of the second part to keep and maintain t-'~e3e pipes on t'~ie lands of the party of the second part and agrees that the parties of the first part shall be permitted ir~ress and egress at ail ti,:es whatsoever in order to make additions, alterations, nsp©etions, repairs, etc., to the said water and sewage :n~.ire :~:cio;zld the later be laid at a furt!~er date as provided in tl.is e.~re~;~c;nt, viith- out any damages whatsoever on the ~,~art:, ~~~" ';, ~~~ ;;arties of the first part. IT IS ALSO AGREED that the present water rental paid to the party of the second pert in accordance v~ith a previous agreement enter title to Anna ~~. Bitner, shall be hereby term>,nat;ea ana ~ Urevai- r-n- linquished as apart o£ this agreem©nt, al;d that no such paym©nt be wade in the the socond pa IT IS F[7RTfiER AGREF,D that the parts®s of the First part shat all the rights necessary for the purpose of carrying out this and all the right-s n®cessary to the exer~.ise of this eass®ent and right of way and all other ©asements presently existing or to becolue necessary or co:wenient in the construction and opvr•~:, ~~n ..f t'ie ri~;rit of ~•~ay for the above >~entioned water and sewage piPeS whethor within or without the ri~;::t of gray. successor THIS AGRLI"4i~I~1'~' is to rind t'~le tzt~irs, r.:xeautors, admiristrators,~anc assigns of the parties ~:~•rst IisT ~rIT'.?F.:SS Vuii~f~.+CF the saic is ~hA ~3av and vsar first above writt t p.~c: e:ace f/: RLAPdD " ~LAL SEA. L Hers bn the ~ s.y o r , A. D. 1947, before rno, the subscriber, :Iotary rub l c and for a ~ County and State, personally came the bove na;n©d ,•~r~na C. Bitner, '~.o~°rn to me (or satisfactorily proved) to be dP person whose na:~e is subscribed to t~~e vritl•>.in instrulnant, and eknotirled~ed that she a recut©d the sa~ae for tie purposes t~~i©refn contained, r1d desired the same might be recorded as such. VYitness tAlhereof, I hereunto sQt my hand and of~'icitil s;:al. z~it~t~ ~^-~-rrl NOTAkt PU~LiL MY COMMI&IJN ;':RIA~i"~ JAN. 7, 1951 ss: 4'/, oei ore cue, I~IlC 'n and for said County and '-`_~e, uoscrib r,a._,~ _ ._. ersonally c ._..: ~.~e above named earl ~. i3renneman, Raymond emaster,und ~a:iles C. -Lindsey, known to me (or s<.+tisfactorily o be the persons whose names are subscribed to the strument, end acknowled~_ed that they executed the same .. , ., , ~Q~/-~~}~~1~ /gin- ~ ~ -~o~ ~-s -..~ ~ Reader of p~~ - ala~d Cann( ~ ~nn~a~n" Frt~- s T First ~A^rdov ~f ~~nrv 1 ~a!S(1