BEFORE THE TOWNSHIP SUPERVISORS OF THE TOWNSHIP OF JEFFERSON LACKAWANNA COUNTY, PENNSYLVANIA PETITION TO VACATE PUBLICSTREET  TO THE TOWNSHIP SUPERVISORS OF THE TOWNSHIP OF. JEFFERSON:  AND NOW, this  day of.  2024, the Petitioners Charles S. Pompey  and Charles W. Pompey, constituting all of the landowners of real property abutting the below described portion ofa public street sought to be vacated, do hereby aver the following: 1. Petitioners Charles S. Pompey and Charles W. Pompey (hereinafter "Petitioners") are adult competent individuals who own land situated at Mitchell Rd & I-84W,Jefferson Township Line  Madison Township, PA 18444, (PIN: 17301030001.)  2.  A public street, known as Mercuri Lane, currently exists in the Jefferson  lownshp/Madison Township region, said Mercuri Lane lies perpendicular to Watts Rd/Walker Rd and runs from said roads on to its terminus in which it then becomes a "paper" roadway known as  Mitchell Road.  3. Since the construction of Interstate 84, the Proposed Vacation section of Mitchell Road has been considered abandoned and ceased being used as a road, and more or less, has been considered  a portion of Petitioner's real property.  4. Mitchell Road runs along the northern entirety of Petitioners' real property more particularly described in Exhibit"A". Attached hereto and marked as Exhibit "A"is a copy of the survey conducted on May 11, 2024, by RJM Surveying, showing the location of Mitchell Road, the portion ofwhich is sought to be vacated is highlighted in yellow (hereinafter, the "Proposed Vacation"). 5. A legal description of the portion of which is sought to be vacated was prepared by the  surveyor and is attached as Exhibit "B".    6. Petitioners discovered that this portion of roadway lies within Jefferson Township and was once maintained by both Madison and Jefferson Township, however, this portion of the road is no longer maintained and lies vacant between the terminus of Mercuri Lane and Petitioner's property.  7.  Iti is well-settled Pennsylvania law that public streets may be created by dedication, either  express or implied. Dedication occurs when a plan of lots is adopted and real property is conveyed according to the plan. However, dedication must be accepted by the municipality, as streets cannot be forced upon the municipality without their consent. Acceptance of the dedication may also be excess or implied. Implied acceptance may be indicated by, inter alia, long continued use by the  public.'  8. The Second Class Township Code Section 2304 provides in pertinent part that:  (a) The board of supervisors may by ordinance enact, ordain, survey, lay out, open, widen, straighten, vacate and relay all roads and bridges and parts thereof which are  located wholly or partially within the township.  9. Section 2311 titled: "Relocating or Vacating Roads by Agreement" states:  (a) When the board of supervisors relocates or vacates any part of any public road under its supervision and can agree with the property owners affected by the relocation or vacation, it may relocate or vacate the public road without the formality ofa view. (b) Acopy of the agreement setting forth the facts regarding the relocation or vacation, accompanied bya a map or draft of the road agreed to be relocated or vacated, shall be presented and recorded in the office of the recorder of deeds or similar office in home rule counties after which the new location is the public road or the old  location is vacated.  10. The Proposed Vacation portion of Mitchell Road is from the terminus of the public road, referred to as Mercuri Lane, and spans the entirety of the currently unusable public roadway up to the real property currently owned by B&D Realty Inc. (Map No.: 17301050010).  11. The Proposed Vacation portion ofi Mitchell Road does not connect to any existing public roadways on its West terminus. Iti is not discernible as a road and is not drivable for through traffic.  'Seeg generally Commonwealch V. Llewellyn, 14 Pa. Super. 214 (1900).    Itcould only be recognized on a survey map as a roadway. Attached hereto and marked as Exhibit "C'isa a photo taken from the terminus of Mercuri Lane, leading intol Mitchell Road, the eastern portion of which is sought to be vacated, which is clearly undrivable and unmaintained in any way. 12. The Proposed Vacation portion of the Street currently isi inaccessible for emergency vehicles to access making it ofl little or no use for emergency access or any motor vehicle traffic ofa any type. 13. There are no properties, except the property owned by petitioners that require access from the terminus of Mercuri Lane through the portion of Mitchell Road sought to be vacated. 14. The terminus of Mercuri Lane is the only potential access point Petitioners have to gain entry into their lands, but are currently unable to do sO given the condition of the abandoned  Mitchell Road section.  15. Petitioners wish to remediate public safety and health issues and make better use oft the  property, thereby making the neighborhood safer and more attractive.  16. Petitioners intend to improve this portion of land by constructing a drivable driveway sO  they can utilize their land in a meaningful way.  17. Petitioners hereby release the' Township of] Jefferson from damages sustained as a result of the vacation from any landowner abutting the portion of Mitchell Road sought to be vacated, and any non-abutting landowners who may have a private interest in the portion of Mitchell Road  sought to be vacated.  WHEREFORE the undersigned Petitioners hereby prays the Township Supervisors grant this  Petition.  Respectfullysi submitted, Charles S. Pompey Charles W. Pompey    SNIASAEAS IPRL     6/4/2024  PastaasgsiNsNamasE Cherks? PoreslPnNwnsel 17491030001)  ALL THATO CERTAIN parcelofands suatesint thet Toinship aft Madigon, Ceuntyaflackawpn: and BEGINNING: atay pointo ont the! Northwgstem comner ofPompey! (Pin Number 173010300015 TMENCErunnIng Horthe Eight-Eight (88) degrees Four 14)mtrutes Tenpo)s Seconds East. 200.00fet, alorgthe NorheryRneot THENCE nmingSouth Eghty-slx 186) degrees Foty (40) minumes Rfty fso) Seconds East, 700.00 feet, songt the THENCE runring North Eighty-Seven (87) degrees Fortyine (49)mminutesT Tenf (10) Seconds East, 200.00 feet. THENCE running South Eighty Two (82) degroes! Ffy-Fivel (55) minues Fity! 50) Soconds fast 200.001 feet, THENCE funning South Eghty-Soven ga7degreest Forty (40)e minutes Fihy (S0I Seconds East, 200.00 teet along. THENCE running! North Eihty- -Five (s) degrees Forty [40) minutes Thiry Nina (39) $econds East. 140.00 feat, THENCE Laaving the Northerlyline ofPompey, running North Seven () degrees Zero (0) miputas Mneteen(19) Soronds East. 40.00 fent, Tot thes Southernly ano otiands ownpd! byt Tonetti (Pint Number 173010500145 TKENCE runengSouth Eighry-Five (85) degreest Forty (o)e minetgs TatyHine! (19) Seconds West, 146.98fect. alongt thes Soumemyi Bne oflandso ownedbyt Tonetit (Pin! Mumber 17301050014)81 Wallar (Pin Nmber THENCE: running Rorth Elghny Soven (87) degrees Fory (40mingnes Filty (50) Soconds West, 20000 feet, along TKENCE! nunning North Elghoy- wo (82) degreas Afy Fhve (s5)minutes RRy [so)s Seconds west, 200.00feet, THENCE ruring South EghtySeven. (87) degrees Forty Nene (49) minctes Ten( (10) Secands West, 200.00feet, THENCE running Noith EightySx (86) degrees Forty (40) minutes Rhy (s0) Seconds Wast, 700.00fect alongt the THENCE naning South Eghty-Eighe (88) degrees Four () mlnubes tent (io)s Secands) West, 17140foet, along the TKENCE Alongt thel lands ofBaD Realty, rumnings South Thirty-Five (s)d degroes Msiatseintstwlo,  Commorwealth ofPennydanis, deseribed: as follows: lands omedt by/P Pampey, Hortherlylined of tards omed byPompey, alongthek Northerly Ine ofiands owmedt bys Pomper: alongt the Northeilys Bnei eflands ownedbye Pompeyz. the Northerly mnei oflands ced! by Pompey: alongt the Northerly fine oftnds ownod byp Pompoy,.  173010500135  thes Southeryling oflands owned ty Watler;. alongt thes Southery! line oflands oined! by) Walker; alongt thes Southely! tinec oflarids ownedbyt Walker, Soctherhy Ine oft lands owned by Walker, Southerlypec oflandse awned byV Waser; Sepondsy West, 50.25 feet tot the place efbeginning Containing 149 Acreso oflandr mor er less.  EXHIBIT    EXHIBIT C