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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
MECHANICSBURG AREA SCHOOL
DISTRICT BY UGI UTILITIES, INC., FOR
PUBLIC PURPOSES
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No. oS-'1Ji> ~
NOTICE OF INTENT TO PRESENT CONDEMNATION PETITION AND BOND
To: Mechanicsburg Area School District
500 S, Broad Street
Mechanicsburg, PA 17055-4199
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)), 15 p, S, Section 15]] (g)(2), 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 ofUGI's original Bond,
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, P A
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
MECHANICSBURG AREA SCHOOL No.
DISTRICT BY UGI UTILITIES, INC., FOR
PUBLIC PURPOSES
PETITION FOR APPROVAL AND ORDER FOR FILING CONDEMNATION BOND
AND NOW, comes the Petitioner, UGI UTILITIES, INC., by and through its attorney,
Kevin T. Fogerty, Esquire, and respectfully petitions this Honorable Court as follows:
I. The Petitioner, UGI UTILITIES INC. ("UGI"), is a corporation organized and
existing under the laws ofthe 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. Box 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, IS P. S. Section 15ll, and by
resolution duly adopted by the Executive Committee of its Board of Directors on January 3,
2005, 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 Mechanicsburg Borough,
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Cumberland County, P A, by route surveyed and located for the purposes of constructing,
operating, maintaining, replacing and changing a pipeline for the transportation, 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 persons or entities having an ownership
interest in the property being condemned is the legal and equitable titleholder, Mechanicsburg
Area School District, being referred to herein as "the Owner." Petitioner alleges and avers that
the aforesaid Owner holds legal title to this property by virtue of a Deed recorded at the
Cumberland County Recorder of Deeds Office, Deed Book L31, Page 1066 et seq., Tax Map 20-
24-0785-120.
4. Since in or about September, 2004, 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.
2
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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 ofland of the Owner
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. The condemnation of the easement referred to herein will not interfere with or
affect in any way the use of the Owner's property for public-school and educational purposes,
particularly since the area of the easement is within the setback along the edge of the property,
and reverted to the Owner by virtue of the local municipalities abandonment ofa road with had
been formerly at that location.
7. 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
151 I (g)(2)(ii).
3
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WHEREFORE, UOl 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; a form of that Order
is attached hereto as Exhibit "C."
LAW OFFICES OF KEVIN T. FOGERTY
By..
Kevin T. Fog uire
Attorney for Petitioner
UOl Utilities, Inc.
Mill Run Office Center
1275 GlenlivetDrive, Suite 150
Allentown, PA 18106
610-366-0950
PA Supreme Ct. No. 36667
4
VERIFICATION
I, Thomas M. Jackal, hereby state and verify that I am the Vice President - Law 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, partly upon personal knowledge,
the remainder upon 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.
Date: January --..liL, 2005
. Jackal
Vice sident - Law
um tilities, Inc.
UGI UTILITIES, INC. .
SECRETARY'S CERTIFICATE
The undersigned certifies that:
1. She 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
Committee of the Board of Directors of the Company by Unanimous Consent dated January 3,
2005:
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
Mechanicsburg Borough, Cumberland County, PA, 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 Petitions for Approval and
Order for Filing Bond, and related Bonds, relative to the acquisition of
any and all easements and rights-of-way in and/or across certain
parcels of land along the route of the aforesaid project, including but
not limited to properties owned by Mechanicsburg Area School District.
3. These resolutions have not been amended modified or rescinded and remain in full force
and effect on the date of this certificate.
Dated: January 19, 2005
[Corporate Seai]
S.:c.Ccr\UUf--Etnin-05Ul19
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PA
CIVIL ACTION - LAW
IN RE: CONDEMNATION OF EASEMENT
AND RIGHT OF WAY ACROSS LANDS OF
MECHANICSBURG AREA SCHOOL No.
DISTRICT BY UGI UTILITIES, INC., FOR
PUBLIC PURPOSES
BOND FOR DAMAGES UNDER RIGHT OF EMINENT DOMAIN
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 Mechanics burg Area School District (hereinafter "Owner/Obligee"), in sllch sum
or sums as the said Owner/Obligee shall be entitled to receive as damages-- Surety's liability
being limited to Twenty Thousand and 100/00 ($20,000.00) Dollars-- 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
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whom payment well and truly to be made by UGI UTILITIES, INC., Principal, and SAFECO
INSURANCE COMPANY OF AMERICA, Surety, and it, its successors and assigns, firmly by
these presents.
Witness the corporate seal ofUGI UTILITIES, INC., by the hand of its Vice President -
Law, attested by its Secretary, and the corporate seal of SAFE CO INSURANCE COMPANY OF
AMERICA, Surety, by the hand of its Attorney-in-Fact on this 4th day of January, 2005.
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 ofthe Owner/Obligee, situated in Mechanicsburg Borough,
Cumberland County, PA (with said parcel ofland 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's/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, successors or
2
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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.
TEST~(~ ~.~
By:
(Ccrporate Seal)
In the prlls<;nce of:
~~,~~~
Witness as to Surety
SAFECO INSURANCE COMPANY OF
~
AME&ItA
" .) ~
By/~K>r--~ . ----.___
LAiiriette M. Leuschner
Attorney-in-Fact
3
~ SAFE.CO-
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECQ PLAZA
SEATT\...E, WASH1~GTON 98'85
No. 5014
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
..........DARELLA E. WHITE; MARY C. O'LEARY; MAUREEN MCNEILL; DOUGLAS R. WHEELER; SANDRA E. BRONSON; RlCHARDA. JACOBUS; NEIL C.
DONOVAN; ANNETTE M. LEUSCrtNER; Philadelphia, Pennsylvania'" ....... ..................u.. .......... .......... ....... ........ ............ ........
its true and lawful attomey(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 7th
day of April , 2003
AM k fA C-~, cA-
MIKE MCGAVlCK, PRESIDENT
CHRISTINE MEAD, SECRETARY
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 Presidenl 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 By-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."
I, Christine Mead, 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
4th
day of
january
2005
this
CHRISTINE MEAD, SECRETARY
5-097415AEF 210 1
ill A registered trademarit of SAFECO Corporation
0410712003 PDF
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