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Home My WebLink About97-01342 "" . ~ VJ ~ '.. - - d :> 1 It - \. " -Q I :i t.J . . J 14 /' , ! :-- 1 - ; .::> i i I ~ I ~ I :) (',... exhibit A Exhibit B " "".'.' .. . ...,... ~) bao:ld\condlugi-cumb,con-2/l8/97 Bond No. 5842982 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW IN RE: CONDEMNATION OF EASEMENT AND IDGBT OF WAY ACROSS LAND OF : CUMBERLAND VALLEY JOINT SCHOOL AUTHORITY BY UGI UTn.ITIES, INC. FOR PUBLIC PURPOSES CIVIL ACTION NO. BOND FOR DAMAGES TINDER RIGHT OF RMTNF.NT DOMAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTlUTIES, INC" a Pennsylvania corporation, having its principal offICes located in Valley Forge, Montgomery County, PA 19482 (hereinaft~ 'Principal" or "Condemnor") and SAFEeO INSURANCE COMPANY OF AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of Washington, arc held and firmly bound unto THE COMMONWEALTH OF PENNSYL VANIA, for the use of the Cumb~land Valley Joint School Authority (hereinafter referred to as "Obligee"), in such sum or swns as the said Obligee shall be entitled to receive as damages by reason of the apprDpriation of a right-of-way and easement for the purposes of construction, operation. maintenance, replacement and changing the size of one or more pipelines for the transmission and distribution of natural gas. and the constrUction ov~ the property hereinafter described, when said damages shall have been agreed upon by the panies or shall have been legally awarded to said Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Obligee, or its attorneys. successors and assigns, to which payment well and truly to be made by UGI UTlUTIES, INC" Principal. and SAFECO INSURANCE COMPANY OF AMERICA, Surety, and eaeh of them bind themselves, their successors and assigns. firmly by these presents. bao: !d\cond\ugi-a1mb.con-2118/97 Witness the corporate seal ofUGI UTILlTIES, INC., by the hand of itS Senior Vice President, auested by itS Secrewy, and the cDrporate seal of SAFECO INSURANCE COMPANY OF AMERICA, Surety, by the hand of itS Attorney-in-Fact on thls28thday of February, 1997. WHEREAS, UGl UTILITIES, INC" under lawful authority is about to enter upon land in which the Obligee has ownership interests and/or rights, to construct a pipeline, together with such related equipment and strUCll1l'es as may be required for the transmission of nall1l'al gas over and upon said certain land of the Obligee, situated in Silver Spring Township, Cumberland County, P A (with said parcel of land hereinafter being referred to as "the Premises"), and with the subject easement and right of way being herein taken and condemned being as depicted on the plan drawing amched hereto as Exhibit" A." The easement herein condemned by the CondemnorlPrincipal shall not interfere with said Obligee's use and enjoyment of said Premises except for the purposes of said pipeline, except that no buildings or pennanent non-movable strUctures shall be placed Dr erected by the Obligee or any other persons on or above the surface of the land encompassed by this easement and right of way, In the event Obligee learns or becomes aware of the intent of any person to construct or erect any buildings or oth;-r pennanent non-removable structures on or above the surface of land encompassed by this easement and right of way, said Obligee shall immediately so notify the Principal/Condemnor. NOW, THE CONDITION OF TffiS OBLIGATION IS SUCH, that if the above-bound UGI UTILITIES, INC.. its successors or assigns. or the said SAFECO INSURANCE COMPANY OF AMERICA, Surety, its successors or assigns, or either of them, do and shall well and truly pay, or cause to be paid unto the said Oblige~, its attorneys, successor or assigns. the damages it may - 2 . L POWER OF ATTORNEY SAFECO INSl.llAHCf CQUPANV Of AMERICA OENERAL INSl.llAHCE CQUPANY Of AMERICA HOME OfFICE: SAFECO PlAZA SEATTLE. WASHINOIQN ..,n No. 6014 KNOW ALL IV THESE PRESENTS: TtIIl 'AFECO INSURANCE COMPANY OF AMERICA .-I GENER"'L INSURANCE COMP"'NY OF AMERICA, NCIl . WlSIlIngton capotlllon, doIs .acII hotabv ~nl .....DARELL... E. WHITE: DONALD J. BAILEV: DAMON BENDESKV. Phll.d.lphl.. P.nn.VI..nl............. h. TruI .-IllWllA IllCll11l'/lIl-In-lacl. wtlh llAl IUthorlTy 10 'KICV1' on "S bthIlr fldolllV .-I .....Ty _ a lIldItTlklngs .-I 01hot docUnInl. or . Ii'nIllt clllrlCl.. Issued In ,he COU'II 01 II. busll1lss, nl '0 bind ,he raSlllCllv. C~1I'rf thotll7t. IN WITHE" WHEREOF, 'AFECO INSURANCE COMP"'NY OF AMERICA .-I GENERAL INSURANCE COMP"'NY OF AMERICA 11M NCIl 'KlCU1ed .-I I1I1SlId ,he.. pr.stnll thl. 22nd March . ,g96 . cs., 01 CERnFlCA TE ElltrlCl Irem ,he Bv-L.ws 01 'AFECO INSUR...NCE COMPANY OF AMERICA .-I 01 GENERAL INSURANCE COMPANY OF AMERICA: "Artlcl. V. Slctlon 13. - FlELITY /lH) SlRTY IllNlS . . . lhe Pr.~denl, II'rf Vlc. Pr.~den'. ,he Slctatll'(. .-I II'rf AssIsT." Vice Prtsfdenl appoInled la that po.rpClII l7i lhe oHlc.. In clllrll" 01 .....Ty oper.tlons. Sholl .ach haY. IUthotlTy 10 appoInl InclvtclJlls IS Illorneys-In-Iac, a IIldIt' Olhot lPP'oprll1' tllllS wl1h IUthotlTy 10 'KICV1. on bthIIl 01 ,he CO'lllIl'rf fldollTy .-I .....'" _ .-I O1hot doc1.rnen,. 01 Ii'nIIIt clllrac'lI' Issvtd l7i the C~1I'rf In 'hi coo-.. 01 lis business . . . On II'rf Instrvnan' making a IYIclenC1ng such appoIn1mln', lh1 s1gn11""s rNtf be .IIIKed by hcli'nIl.. On II'rf InslrllTlll\l conlll',lng svch IUthotlTy a on II'rf bond a lIldIttlll<lng 01 ,he CO'lllII>f, thl 1111, a . lacli'nll. 'hoteol. rNtf be ~lsSld a .HlKld a In II'rf Olhot mamer roprOOJcId: prOYldld. how..... ,till the 1111 Sholl nol be neclssary '0 'hi .IIldiTy 01 II'rf such Insl'lITlII\l Ol' l.Ildertlll<lng." Elltrllet Irem . Resolution 01 'hi Bootd 01 DiraCIOl'S 01 S"'FECO INSUR...NCE COMP"'NY OF AMERICA .-I 01 GENERAL INSUR...NCE COMPANV OF ...MERIC... Idoplld J<Jy 2B, 1970. 'On II'rf cor1lf1CIII .KICutld by lhe StaatII'( Ol' ., assIst." slcrolll'( or lh1 CaTc>arri sI11Ing out. (I) ThI prOYlslons 01 Artlcll V. Stctlon 13 01 lh1 Bv-L.ws, .-I (II) A COllY 01 'hi powII'-ol-ltlomoy appoIn1mln', .KICutld pu'suanl ,hototo, .-I (III) CIr1llying 'hal Slid powII'-or-'lIOl'noy appo/n1mln1 Is In rull IOtCI and IIIICI. the 51"",,,," 01 ,he Cor1lfying olllclI' rNtf be by IlIeli'nlll. .-I ,he SIll 01 'hi Carc>1I'rf rNtf be . lacli'nlll 'hoteol." L R. A. Ptll'son. Slctotll'( 01 ....FECO INSURANCE COMP"'NY OF AMERlC... and or GENERAL INSUR...NCE COMPANY OF AMERlC.... do hotlby cII'tlry lh11 'hi 1000IgoIng .llt'lIelS 01 IhI Bv-L.ws and 01 . Resolution or IhI Board or Dirac'Ol's or lhe.. cOl'POI'lIlons. .-I 01 . POWit' 01 AlIOl'noy Issued pu'suanl ,hototo, It. 'rue .-I COl"'Cl. and '1\11 bolh lhe Bv-LIWS, thl Resolution .-I ,he POWII' 01 Anomoy It. sTili In rlAl 1000CI .-I .lIoc,. IN WITNESS WHEREOF. I haYI hotll\l\10 111 "'I hnl .-I .IIIKed 'hi IlIeli'nlll SIll 01 laid COtpotltlon 'hiS 28th cs., or February .19 97 Jon.,." vn C!) lI.git'tr.a trldtm.,t Of JAffeO COfpoflliOt\. Exhibit C i 3 , 1i r- .9 '." ttl .. /"() ( '- f - /XI 0- ,. & ~ :r lJ". (T" 8!- ~ ~ ~ J I ~ U I. ( '-0. l;' u LAW O,.FICEI SNELDAKER. BRENNEMAN at SP,\RE 5. At all times relevant hereto, School District was and continues to be the owner of the real estate being the subject of this proceeding, being land described in deed from Cumberland Valley Joint school Authority to School District dated December 6, 1985, and recorded on December 15, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 32, Page 363, hereinafter called "Subject Land". 6. On or about March 17, 1997, School District received as though by service of process an uncertified document marked "copy" entitled Notice of Intent to Present Condemnation Petition and Bond ("Notice") appearing to have been filed in the law side of this Court on the same date to No. 97-1342 civil Term in which UGI purports to institute eminent domain proceedings against Cumberland Valley Joint school Authority ("Authority") as the averred owner of the land. 7. Based upon an inspection of Notice, it appears that UGI is attempting to condemn an easement for its private use to install a gas transmission line within the Subject Land, such conclusion being based upon an interpretation of the map or drawing attached to the copy of the proposed Bond filed with said Notice whereby the geography of the depiction appears to locate the proposed pipe line within the easement. 8. The Notice avers (without exception or reservation) that the Authority is the sole owner of the Subject Land, whereas in -2- LAW o"ICES SNELBAKER. BRENNEMAN a SPARE fact, School District is the sole owner thereof by virtue of the same conveyance cited by UGI in its Notice as mentioned in paragraph 5 above. 9. All of UGI's alleged procedure is based upon Authority's alleged ownership of the Subject Land, including its corporate resolution (see "Exhibit A" to the Notice), the caption and body of the Notice and the proposed Bond (see "Exhibit B" to the Notice). Only the addressee of the Notice identifies the School District and then only in some capacity other than as owner of the Subject Land. 10. It is believed and, therefore, averred that UGI seeks the subject easement in order to extend its private gas transmission facilities to a private residential development in order to enhance its private interests in expanding its customer base. 11. School District uses the Subject Land as its principal educational campus and includes the active operation of elementary, middle and high school buildings and auxiliary outdoor facilities including playing fields, driveways, parking lots and open space for future development. 12. The Subject Lands are used solely for public school purposes as mandated and controlled by the laws of the Commonwealth of Pennsylvania. 13. UGI has alternative routes of extending its gas facilities including, but not limited to, routes via existing public roads, for example (al from Carlisle pike on Rich Valley -3- LA,^, O,.'ICES SNELBAKER, BRENNEMAN Sr SPARE Road, and (b) from carlisle Pike on Cumberland Drive and Ridge Hill Road. 14. UGI's attempted taking of a portion of the Subject Land will interfere with School District's use of the Subject Land by creating an encumbrance of title and a physical barrier to the full and free development of said real estate. 15. UGI does not possess lawful authority to take School District's property by eminent domain or otherwise. 16. UGI has no right to trespass upon School District's property. 17. By virtue of its Notice, UGI has no legal authority to commence any work on School District's property and said Notice fails to identify the correct owner of the Subject Land and, therefore, is a nullity. 18. Only because School District believes its land is going to be taken by UGI as indicated by the geographical indication in the Notice, it has instituted this action in response and objection to UGI's implementation of section 1511 of the Business corporation Law of 1988 (15 PaT C.S. S 1511) and in accordance with the holding of In re Carneaie Natural Gas Co., 157 Pa. Cmwlth. 217, 629 A.2d 256 (1993). Otherwise, School District considers the Notice and UGI's filing thereof a procedural nullity. 19. For all the reasons set forth above, UGI's commencement of the condemnation proceeding to No. 97-1342 civil Term was arbitrary and is vexatious, requiring School District to engage -4- l.AW OffiCES SNELBAKER. BRENNEMAN 8: SPARE counsel and defend against such action, such conduct being proscribed by section 2503(9) of the Judicial Code: 42 Pa. C.S. S 2503(9), and entitling school District to recover its counsel fees incurred in this proceeding. 20. School District has no adequate remedy at law. 21. School District will sustain immediate and irreparable damage by any taking of its real estate and/or the entry thereon to install gas transmission facilities. WHEREFORE, plaintiff School District respectfully prays your Honorable Court to: A. preliminarily and permanently enjoin UGI from entering upon the Subject Land; B. Enjoin UGI from taking Plaintiff's land in any degree by any means whatsoever, including eminent domain; C. Preliminarily and permanently enjoin UGI from filing the Bond referenced in its Petition for Approval and Order for Filing Bond docketed at No. 97-1342 civil Term in the Court of Common Pleas of Cumberland county, Pennsylvania; D. Award Plaintiff its counsel fees expended in this proceeding as costs of this action and enter judgment therefor against Defendant; E. Award Plaintiff its costs and expenses expended in this proceeding and enter judgment therefor against Defendant; and -5- .~'''' ,"" E'~ - ,. {,: !.oIl " ., ( , ,,~ L,_ , " C) ~ -. , C) PO. I, f\.,; , Ii..' , , . '. " I."' 1--. , C. )