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HomeMy WebLinkAbout99-04626Q <4 0 ?d v a y /? V s `^.? V J ?f .9 4? ?Y -LAW IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L.P. BY UGI UTILITIES, INC. FOR PUBLIC PURPOSES CIVIL ACTION NO. C} 9- ti(..?L (? e L ? AND NOW, this _ day of July, 1999, upon consideration of UGI Utilities, Inc.'s, Petition for Approval and Order for filing Bond, the Court being satisfied that the Condemnee, Pheasant Hill Farm L.P. has been given proper notice of UGI's intention to present the subject Petition to this Court, and after affording the parties an opportunity to be heard, IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to file the referenced Bond with the Cumberland County Prothonotary, and that the amount of security provided in and by that Bond is hereby approved by this Court. BY THE COURT: J. M:kfC:\WPWIN60\COND\UGI-PHEA.CON 7/03/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L.P. BY UGI UTILITIES, INC. CIVIL ACTION NO. 99 - ?/G 2G C P FOR PUBLIC PURPOSES r? NOTICE OF INTENT TO PRESENT CONDEMNATION PETITION AND BOND To: Pheasant Hill Farm L.P. 1665 Orrs Bridge Road Enola, PA 17025 Pursuant to and in accordance with the Pennsylvania Business Corporation Law of 1988, Act of December 21, 1988 (P.L. 1444 No. 177(g)(2)(ii)), YOU ARE HEREBY NOTIFIED that the attached Petition has been filed with the Cumberland County Prothonotary, and that if you do not file an Answer or Objections thereto, WITHIN TEN (10) DAYS AFTER SERVICE OF THIS PETITION UPON YOU, UGI Utilities, Inc., by and through its counsel, will file a Motion with the Cumberland County Prothonotary, and present it to the Court for approval, seeking entry of an Order in the form attached as Exhibit "C" to UGI's Petition, directing the filing of UGI's original Bond. A evin T. Foge q. Attomey for UGI tilities, Inc. =:kfC:\WPWIN60\COND\UGI-PffEA.CON 7/03/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L. P. BY UGI UTILITIES, INC. CIVIL ACTION NO. 7- 51626 d &"U 72" FOR PUBLIC PURPOSES PETITION FOR APPROVAL AND ORDER FOR FILIN CONDEMNATION BOND AND NOW, comes the Petitioner, UGI UTILITIES, INC., by and through its attorney, Kevin T. Fogerty, Esq., and respectfully petitions this Honorable Court as follows: 1. The Petitioner, UGI UTILITIES INC. ("UGI"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, and is principally engaged in the business of producing, purchasing, storing, transporting and distributing natural gas. The Petitioner maintains its principal office and place of business in Valley Forge, Montgomery County, Pennsylvania, and has as its mailing address P.O. Boa 858, Valley Forge, PA 19482. 2. The Petitioner, a public utility, by virtue of the power of eminent domain as provided in the Pennsylvania Business Corporation Law of 1988, 15 P.S. Section 1511, and by resolution duly adopted by the Executive/Nominating Committee of its Board of Directors on July 12, 1999, as evidenced by the Secretary's Certificate attached hereto and marked as Exhibit "A," has determined and concluded to enter upon, take and appropriate for a public purpose, an easement and right of way over and upon a certain parcel of land located in Hampden Township, Cumberland County, PA, by route surveyed and located for the purposes of constructing, operating, maintaining, replacing and changing a pipeline for the transportation, M:klC:\WPWIN60\COND1UGI-PHGA.CON 7103/99 transmission and distribution of natural gas with the right in said company, its successors and assigns to enter upon such easement and/or right of way at such times as may be fit and necessary for said purposes. 3. Petitioner believes and avers that the only person or entity having an ownership interest in the property being condemned is Pheasant Hill Farm L.P., being the legal and equitable titleholder, and being referred to herein as "the Owner." Petitioner believes and avers that the Owner holds sole legal and equitable title to this property, by virtue of a Deed recorded at the Cumberland County Recorder of Deeds Office, at Deed Book Volume 125, Page 726. 4. Since in or about January, 1999, the Petitioner, through its agents and employees, has attempted to secure an agreement for a pipeline easement and right of way over and through the subject parcel of land from the Owner referenced in Paragraph 3 hereinabove. In that respect, the Petitioner has attempted to contact the Owner to try and agree as to the damages properly payable, but to date has been unable to do so for the purpose of entering into an agreement/contract for such easement and right of way; hence, the Petitioner and the Owner have not agreed upon reasonable compensation to be paid therefor and to affix the amount of damages, if any, which would be occasioned by the taking of said easement and said right of way and the construction of said pipeline. 5. A copy of the Bond of the Petitioner with Safeco Insurance Company of America, a surety authorized to do business in the Commonwealth of Pennsylvania, which is conditioned for the payment of all damages arising from the appropriation of said easement and right of way and the location and construction of the pipeline on the aforesaid parcel of land of the Owner M:kfC:\WPWM60\COND\UGI-PHC•A.CON 7103199 referenced in Paragraph 3 hereinabove, the original of which is to be presented to this Court, is attached hereto as Exhibit "B." It is pursuant to this Bond that title to the aforesaid easement and right of way will pass to the Petitioner, with the attendant right of possession for purposes of its easement, right of way, and installation of its pipeline. 6. This Petition and the proposed Order seeking approval and directing the filing of the related Bond, will be presented for approval to the Cumberland County Court of Common Pleas upon expiration of the ten-day response period set forth in 15 Pa. C.S.A. Section 1511(g)(2)(ii). WHEREFORE, UGI UTILITIES, INC., respectfully requests this Honorable Court enter an Order approving the form and substance of the Bond attached hereto as Exhibit "B," and ordering that said Bond be filed with the Cumberland County Prothonotary. LAW OFFICES OF KEVIN T. FOGERTY By: Kevin T.Foge , Attorney for Petitioner UGI Utilities, Inc. 1620 Pond Road - Suite 301 Allentown, PA 18104 (610) 366-0950 PA Supreme Ct. No. 36667 VERIFICATION I, ROBERT J. CHANEY, hereby state and verify that I am the President and Chief Executive Officer - of UGI Utilities, Inc., that I am authorized to take this Verification on behalf of said Petitioner, and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ??I Date: July 20, 1999 ( f-Z Present and Chie xecutive Officer UGI Utilities, Inc. Exhibit A UGI UTILITIES, INC. SF.CRETAR "S CERTIFICATE The undersigned certifies that: 1. He is the duly elected and acting Secretary of UGI Utilities, Inc., a Pennsylvania corporation (the "Company"), and as such is authorized to execute and deliver this Certificate on behalf of the Company. 2. Below is a true and correct copy of resolutions duly adopted by the Executive/Nominating Committee of the Board of Directors of the Company by Unanimous Consent dated July 12, 1999: RESOLVED, the exercise by the Company of its right of eminent domain as set forth in 15 Pa. C.S.A. Section 1511 as that provision applies to acquisition of easements and rights of way with respect to the acquisition of an easement and right of way, and the placement therein of one or more gas distribution lines, in Hampden Township, Cumberland County, Pennsylvania, is approved. RESOLVED, any officer of the Company is authorized to execute and deliver such other agreements, certificates, consents, corporate papers and other documents, make any payments and take all other action, including without limitation, exercise of the Company's power of eminent domain as stated above, that such officer and counsel for the Company may deem necessary or desirable to carry out the intent and purposes of the foregoing resolution, including, without limitation, the preparation and filing of a Petition for Approval and Order for Filing Bond and a Bond, relative to the acquisition of any and all easements in and across that certain parcel of land, legal and equitable title to which is presently vested in Pheasant Hill Farm L.P. 3. These resolutions have not been amended, modified or rescinded and remain in full force and effect on the date of this certificate. Dated: July 19, 1999 [Corporate Seal) 4denan P. Bovaird Sec.Cer\UU1-Fmin.due Exhibit B M:km:\WPWIN60%COND\UGI.PHEA.CON 7/03/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Bond No. 5990475 IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L.P. BY UGI UTILITIES, INC. CIVIL ACTION NO. FOR PUBLIC PURPOSES BOND FOR DA)VTA R i HT OF MIN NT DOItRAIN KNOW ALL MEN BY THESE PRESENTS, that UGI UTILITIES, INC., a Pennsylvania corporation, having its principal offices located in Valley Forge, Montgomery County, PA 19482 (hereinafter "Principal" or "Condemnor") and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter "Surety"), a corporation duly authorized under the laws of the State of Washington, are held and firmly bound unto THE COMMONWEALTH OF PENNSYLVANIA, for the use of Pheasant Hill Farm L.P. (hereinafter "Owner/Obligee"), in such sum or sums as the said Owner/Obligee shall be entitled to receive as damages by reason of the appropriation 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 over the property hereinafter described, when said damages shall have been agreed upon by the parties or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be legally due, for which said Principal is liable, to be made to said Owner/Obligee, or its attorneys, successors and assigns, to which payment well and truly to be made by UGI UTILITIES, INC., Principal, and SAFECO INSURANCE COMPANY OF mt:klG:\WPWIN601COND\UGI•PIIEA.CON 7103/99 AMERICA, Surety, and each of them bind themselves, their successors and assigns, firmly by these presents. Witness the corporate seal of UGI UTILITIES, INC., by the hand of its Senior Vice President, attested by its Secretary, and the corporate seal of SAFECO INSURANCE COMPANY OF AMERICA, Surety, by the hand of its Attomey-in-Fact on this 9th day of July, 1999. WHEREAS, UGI UTILITIES, INC., under lawful authority is about to enter upon land in which the Owner/Obligee has ownership interests and/or rights, to construct a pipeline, together with such related equipment and structures as may be required for the transmission of natural gas over and upon said certain land of the Owner/Obligee, situated in Hampden Township, Cumberland County, PA (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 drawings attached hereto as Exhibit "A." The easement herein condemned by the Condemnor/Principal shall not interfere with said Owner/Obligee's use and enjoyment of said Premises except for the purposes of said pipeline, except that no buildings or permanent non-movable structures shall be placed or erected by the Owner/Obligee or any other persons on or above the surface of the land encompassed by this easement and right of way. NOW, THE CONDITION OF THIS 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 Owner/Obligee, its attorneys, successor or m:klG:\WPWIN601COND\UOI-PHEA.CON 7/03/99 assigns, the damages it may sustain by reason of the appropriation of the pipeline right-of-way and easement and the construction of the pipeline over the property herein described, when damages shall be agreed upon by the parties, or shall have been legally awarded to said Owner/Obligee, with interest and costs, if any may be due, for which said Principal is liable, then this obligation is to be void; otherwise, to be and remain in full force and effect. A EST: Assistant ecre (Corporate Seal) In the presence of- Witness as to Surety Monica Mitchell UGI UTILITIES, INC. By: c?feyC. Vice President SAFECO INSURANCE COMPANY OF M sy ?e,JCry - llarrlla F.- White Attorney-in-Fact POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ?a?? OF ATTORNEY HOME OFFICE: SAFECO PLAZA ® SEATTLE, WASHINGTON 98188 No. 5014 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington croporation does each hereby a Dint DARELLA E. WHITE; aRRGUERITE M. CAVANAUGH: RICHARD G. DICCIANI; PhIIadeIphIa, PennsyIvanlass its true and lawful attorney(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12 day of January , 19 99 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President any Vice President the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the Sy-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of July 19 99 S•9741EP 1193 OR Registered trademark of SAFECO Corporatism a• I 1 a 1 I 00 yJo Y d Q/ t ?j c, n P Sgt 2 21; /'t W /wl a v.IQ •' 0 8'o E 20 ou 3a£ E z \ 1 I 1 \ _- 8 e .? $ b o ? ? i i_ONG .lV MI Y 1 \ 11N? >u 1 e •C \ ? 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FOR PUBLIC PURPOSES CIVIL ACTION NO. 9y - yL 26 &u '/', AND NOW, this _ day of July, 1999, upon consideration of UGI Utilities, Inc.'s, Petition for Approval and Order for filing Bond, the Court being satisfied that the Condemnee, Pheasant Hill Farm L.P. has been given proper notice of UGI's intention to present the subject Petition to this Court, and after affording the parties an opportunity to be heard, IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to file the referenced Bond with the Cumberland County Prothonotary, and that the amount of security provided in and by that Bond is hereby approved by this Court. BY THE COURT: J. rm:kfr:\WPWIN60\CONDIUGI•PNEA.CON 7/03/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW AUG - 4 1999 IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L.P. _ BY UGI UTILITIES, INC. CIVIL ACTION NO. 9 9 - yL 16 &-?'Q FOR PUBLIC PURPOSES AND NOW, this _ day of July, 1999, upon consideration of UGI Utilities, Inc.'s, Petition for Approval and Order for filing Bond, the Court being satisfied that the Condemnee, Pheasant Hill Farm L.P. has been given proper notice of UGI's intention to present the subject Petition to this Court, and after affording the parties an opportunity to be heard, IT IS ORDERED that UGI Utilities, Inc., is hereby authorized and directed to file the referenced Bond with the Cumberland County Prothonotary, and that the amount of security provided in and by that Bond is hereby approved by this Court. BY THE COURT: J. t 0 Law Offices of Kevin T. Fogerty 1620 Pond Road Suite 301 Allentown, PA 18104 I , i 33"SA j Pheasant Hill Farm L.P. 1665 Orrs Bridge Road Enola, PA 17025 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: CONDEMNATION OF EASEMENT AND RIGHT OF WAY ACROSS LANDS OF PHEASANT HILL FARM L.P. NO. 99-4626 BY UGI UTILITIES, INC. FOR PUBLIC PURPOSES PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: You are hereby requested and directed to enter, as indicated, the following on the records thereof: The within suit is Settled, Discontinued, Ended and costs paid. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. X The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. LAW OFFICES F KEVIN T. FOGERTY By: Kevin T. Fogerty,,'Esgtlire Attorneys for Petitioner/Condemnor, UGI Utilities, Inc. 1620 Pond Road, Suite 301 Allentown, PA 18104 (610) 366-0950 Attorney I.D. No. 36667 } O N Z l f ~! Y ? >- CL uj ::7 :C U It Ql V Ai (?