Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1952-09-04
Order of Publication

40 The object of this suit is to
acquire by condemnation certain
tracts or parcels of land situate in
the Second Election District of
Montgomery County, Maryland,
belonging to Maurice A Goldberg
and Ruth M. Goldberg, his wife,
Judson J. James and Louise Bar
ny Conger, Mortgages.
The Petition states that the Pc
titioners constitute the State
Roads Commission of Maryland,
and are charged with the construc-
ton and maintenance of highways
and bridges in the State of Mary
land.
That they have determined it to
be necessary and proper to acquire
for the purposes referred to in
said petition and in connection with
the construction and maintenance
of the highway system of the State,
certain tracts or parcels of land
situate in the Second Election Dis
trict of Montgomery County, Mary
Land, being and comprising all the
nd in Montgomery County, con-
sisting of 1910 acres, more or less,
lying between the lines marked
Fright of Way Line of Through
Highway" as shown on Plats' Nos.
9572, 9573 and 9574, which is be-
ing taken in fee simple and 0.57
acres, more or less, also shown on
said plats, for slope and drainage
easements.
TOGETHER with the right or
easement to create, use and main
tain on the land shown Matched on
said Plats Nos. 9572, 9573 and
9574, drainage structures and ia
cilities to adequately drain and re-
tain the roadway and/or adjacent
property, together with the right
to create, use and maintain on or
across the adjacent land of the
defendants waterways and/or in
lets and outlets necessary for
drainage structures indicated in
the legend shown on said plats, to-
gether with the perpetual right to
erect and maintain between Octo-
Der 1st and April LIST of each year
snow fences within 100 feet of the
U}and granted in fee simple, and
together with the right of ingress
and egress of the defendants, their
heirs, successors and assigns, of
every kind, nature and description
to and from the land herein being
acquired in fee simple, lying be-
tween the lines marked Fright of
Way Line of Through Highway"
as shown on said plats, and the
remaining lands of the defendants,
to the end that there will never be
any vehicular, pedestrian and/or
animal access to and from said
through highway, except by means
of such public road connections as
the petitioners may construct or
permit to be constructed.
The Petition further states that
the property is now held under
the provisions of a deed from Oh
ga NJ. Zehndar to Maurice A.
Goldberg and Ruth M. Goldberg,
his wife, dated September 8, 1850
and recorded on September II,
1850, in Liber CIV. No. 1929,
Folio 81, among the Land Records
of Montgomery County, Maryland,
and that said property is subject
10 the lien of mortgage given by
Naaurice A. Goldberg and Ruth M.
Goldberg, his wife, to Judson j.
James and Louise Barry Gender,
dated September 8, 1850, and re-
corded on September IL, 1850, in
Liber C.K.W. No. 1929, Folio 80,
among the Mortgage Records of
Montgomery County, Maryland, Sc
curing the payment of the total
sum of $20,00O.0O as expressed in
said mortgage.
That the land and property is
sought to be condemned in connec-
ton with the State System of
Roads and Bridges, and especially
for the construction of the Reloca-
ton of U. S. Route 240-Washing-
ton National Pike, an Expressway,
in Montgomery County, Maryland.
That the Petitioners are unable
to make an agreement with the
defendants and that the Petitioners
have deposited a check in the
amount of Thirteen Thousand Five
Hundred ($13, 500.00) Dollars in
the hands of the Clerk of the Cir
cult Court for Montgomery Coun-
ty, in conformity with the provi-
sions of Article SOB, Section Alb,
Public General Laws of Maryland,
said petitioners deeming the said
seum to be the fair value of the
land taken and damages done to
the property, and that it is in the
public interest for them to take
possession Immediately upon depos-
iting said money and that they are
taking possession Immediately up
on depositing said money and that
they are taking possession for the