HomeMy WebLinkAbout02-1671Condemnation by Lower Allen Township
Sewer Authority, Cumberland County,
Pennsylvania, of land in Lower Allen
Township, Cumberland County,
Pennsylvania, Owned by Heartland
Properties, L.P., for Sanitary Sewer
Trans~mission Lines and Appurtenances.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. o~-/c,?! Civil2002
:
: CIVIL ACTION- LAW
:
: EMINENT DOMAIN PROCEEDINGS
:
: INREM
I)~CI,ARATION OF TAK1N~
The Lower Allen Township Sewer Authority does hereby respectfully declare that:
I. The Condemnor is Lower Alien Township Sewer Authority, a municipal authority
duly organized and existing under the laws of the Commonwealth of Pennsylvania, and is located at
120 Limekiln Road, New Cumberland, Pennsylvania 17070.
2. The interest in and to the property described in Exhibit "A", attached hereto and
made a part hereof is hereby condemned as an easement for sanitary sewer transmission lines and
appurtenances by the Condemnor pursuant to the Municipality Authorities Act of 1945, as amended
in 2001, and to the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 1-101, et geq.,
and as authorized by Resolution 2002-A-05 adopted April 4, 2002 by said Condemnor. A copy of
said Resolution is attached hereto and made a part hereof as Exhibit "B". The original thereof may
be examined at the address of the Condemnor as stated above.
3. The purpose of the condemnation is to provide sanitary sewer transmission lines and
appurtenances for extension of the sewer system of the Condemnor.
4. A description of the easement condemned sufficient for its identification is set forth
in Exhibit "A" attached hereto and made a part hereof. A plan showing the property over which the
easement is condemned is on the same day as this Declaration of Taking being filed with the
Prothonotaw of the Court of Common Pleas of Cumberland County, Pennsylvania, and being
recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in accordance
with Section 404 of the Eminent Domain Code as amended, 26 P.S. Section 1-404.
Document #: 230739.1
5. The nature of the title acquired is a perpetual right-of-way in, over, under, and
across the tract of land hereinbefore described for the free, unobstructed, and uninterrupted liberty
and privilege, tract occupancy, and use of said tract of land for all acts required, from time to time,
in clearing, trenching, installing, constructing, laying, using, operating, maintaining, inspecting,
removing, repairing, replacing, relaying, enlarging, and adding to from time to time a sanitary sewer
line or lines for the transportation of sewage with manholes, appurtenances, and attached facilities,
and any and all rights, powers, and privileges appurtenant and related to the enjoyment of said
perpetual right-of-way or perpetual easement, including, without limiting the granting of the
foregoing, the right, power, and privilege to have officers, agents, employees, or contractors go in,
over, under, across, or upon said tract of land and to do and perform, with or without equipment,
any and all said acts thereon, therein, thereunder, or thereupon which are necessary to carrying into
effect the purposes recited above and the right, power, and privilege of anyone to construct or
maintain anything in, over, under, across, or upon said tract of land which would interfere with the
purposes recited above.
6. A plan showing the condemned premises may be inspected during all business hours
at the address of the Condemnor as stated above.
7. Just compensation for the condemnation of said property is secured by open-end
bond with surety pursuant to Section 403(a) of the Eminent Domain Code of June 22, 1964, P.L.
84, 26 P.S. Section 403(a), copy of which bond is attached hereto and made part hereof as Exhibit
LOWER ALLEN TOWNSHIP SEWER AUTHORITY
By: t/~t-~/~/9on~,
Kobe~t J6;l~lobre, Chairman
-2-
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND :
Robert J. Moore, being duly swom according to law, deposes and says that he is the
Chairman of Lower Allen Township Sewer Authority, and makes this Affidavit on its behalf, being
familiar with the facts and having authority so to do; and all the facts in the foregoing Declaration
of Taking so far as they are within his personal knowledge are tree and correct and as to facts based
upon the information of others, he believes them to be true and correct.
Robei'i.[. Mbo~, Chairman
SWORN to and S3~bscribed
before me this t-4~ day
of~__) 2002.
M Commission Expires'
Ja~lne M. Hill, NOla*y Public
'twp. York _corny
-3-
VINVA']ASNNB~
EXHIBIT A
SANITARY SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
HEARTLAND PROPERTIES
LIMITED PARTNERSHIP
BY
LOWER ALLEN TOWNSHIP AUTHORITY
Beginning at a point, said point being an iron pin (found) on the southerly right-of-way of U.S.
Route 15 S.R. 0015; thence along the aforesaid right-of-way line South fifty-two degrees thirteen
minutes and twenty-two seconds West (S 52° 13' 22" W) a distance of three hundred eighty-
seven and one hundredths feet (387.01') to the Point of Beginning; thence through the lands of
Heartland Properties Limited Partnership South forty-three degrees thirty-eight minutes nine
seconds East (S 43° 38' 09" E) a distance of two and twenty hundredths feet (2.20') to a point on
the northerly right-of-way line of an existing thirty foot (30') sanitary sewer right-of-way; thence
along the aforesaid northerly right-of-way line South fifty-two degrees nine minutes thirty-nine
seconds West (S 52° 09' 39" W) a distance of thirteen and one hundredths feet (13.01') to a point;
thence continuing along the aforesaid right-of-way line South fifty-six degrees seventeen
minutes thirty-five seconds West (S 56o17, 35" W) a distance of seventeen and thirty-one
hundredths feet (17.31') to a point; thence thru the lands of aforesaid Heartland North forty-three
degrees thirty-eight minutes nine seconds West (N 43° 38' 09" W) a distance of one and ninety-
nine hundredths feet (1.99') to a point on the southerly right-of-way line of the aforesaid U.S.
Route 15; thence along the aforesaid southerly right-of-way line North fifty-five degrees thirty-
three; minutes twenty-seven seconds East (N 55° 33' 27" E) a distance of seventeen and thirty-
one hundredths feet (17.31') to a point; thence continuing along the aforesaid right-of-way line
North fifty-two degrees thirteen minutes twenty-two seconds East (N 52 o 13' 22" E) a distance
of twelve and ninety-eight hundredths feet (12.98') to the Point Of Beginning.
The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total
area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001 Acres.
Document #: 230647.1
Lower Allen Township Authority
Resolution 2002-A-05
A RESOLUTION OF THE LOWER ALLEN TOWNSHIP SEWER
AUTHORITY AUTHORIZING THE SELECTION, APPROPRIATION,
AND CONDEMNATION OF EASEMENTS FOR RIGHT-OF-WAY FOR
SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES,
AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS
LANDS OF BRUCE L. WALMER AND HEARTLAND PROPERTIES,
L.P., THEIR HEIRS AND ASSIGNS, IN LOWER ALLEN TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE
FILING OF A DECLARATION OF TAKING AND ALL NECESSARY
ACTION FOR THE ACQUISITION THEREOF.
WHEREAS, Lower Allen Township Sewer Authority ("Authority") is a municipality
authority incorporated and existing under provisions of the Pennsylvania Municipal Authorities
Act of 1945, approved May 2, 1945, P.L. 382, now repealed and reenacted by the Act of June 19,
2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, is desirous of extending
its service and improving its service area with an improvement generally known as the "Cedar Run
Sewer Improvement Project;" and
WHEREAS, said Plan inter alia> provides for the construction of a collection, conveyance,
treatment of wastewater, and disposal system of Authority in a portion of the Township (hereinafter
referred to as "Project"); and
WHEREAS, the Authority is about to proceed with the Project by construction'of sanitary
sewer lines with manholes, appurtenances, and attached facilities and pump stations.
WHEREAS, in accordance with the provisions of Section 11 of the Municipality
Authorities Act of 1945, May 2, P.L. 382, Section 314, now repealed and reenacted by the Act of
June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, the Authority
is authorized to acquire a perpetual easement and fight-of-way in land through eminent domain
proceedings.
NOW, THEREFORE, BE IT RESOLVED, by the Board of this Authority as follows:
Lower Allen Township Sewer Authority, in accordance with authority conferred by
law, selects, appropriates, and condemns land of Bruce L. Walmer and Heartland
Properties, L.P., their heirs and assigns for a perpetual easement and fight-of-way
for the purposes herein set forth:
Document #: 230592.1
-1-
Beginning at a point, said point being an iron pin (found) on the northerly fight-of-way line of
U.S. Route 15 S.R. 0015; thence along said fight-of-way North seventy degrees thirty-eight
minutes fifteen seconds East (N 70° 38' 15" E) a distance of sixteen and ninety-six hundredths
feet (16.96') to the Point Of Beginning; thence than the lands of Bruce L. Walmer North thirty-
nine degrees nineteen minutes thirty-four seconds West (N 39° 19' 34" W) a distance of sixteen
and thirty eight hundredths feet (16.38') to a point on the southerly line of an existing twenty foot
(20') sanitary sewer fight-of-way; thence along the aforesaid right-of-way line North sixty-one
degrees thirteen minutes thirty-four and fifty-five seconds East (N 61° 13' 35" E) a distance of
thirteen and thirty-seven hundredths feet (13.37') to a point; thence continuing along the aforesaid
fight-of-way line North sixty-one degrees thirty-four minutes nine seconds East (N 61 o 34'09" E)
a distance of seventeen and seventeen hundredths feet (17.17') to a point; thence through the
lands of the aforesaid Walmer property South thirty-nine degrees nineteen minutes thirty-four
seconds East (S 39° 19' 34" E) a distance of thirteen and eighty-one hundredths feet (13.81') to a
point on the northerly fight-of-way of the aforesaid U.S. Route 15; thence continuing along the
aforesaid fight-of-way line South seventy degrees thirty-eight minutes fifteen seconds West (S
70° 38' 15" W) a distance of thirty and sixteen hundredths feet (30.16') to the Point Of
Beginning.
The above described lines being the perimeter of a permanent sanitary sewer fight-of-way. Total
area of the permanent fight-of-way is 453.56 Sq. Ft. or 0.01 Acres.
Beginning at a point, said point being an iron pin (found) on the southerly right-of-way of U.S.
Route 15 S.R. 0015; thence along the aforesaid fight-of-way line South fifty-two degrees thirteen
minutes and twenty-two seconds West (S 52° 13' 22" W) a distance of three hundred eighty-
seven and one hundredths feet (387.01') to the Point of Beginning; thence through the lands of
Heartland Properties Limited Partnership South forty-three degrees thirty-eight minutes nine
seconds East (S 43° 38' 09" E) a distance of two and twenty hundredths feet (2.20') to a point on
the northerly fight-of-way line of an existing thirty foot (30') sanitary sewer fight-of-way; thence
along the aforesaid northerly fight-of-way line South fifty-two degrees nine minutes thirty-nine
seconds West (S 52° 09' 39" W) a distance of thirteen and one hundredths feet (13.01') to a point;
thence continuing along the aforesaid fight-of-way line South fifty-six degrees seventeen minutes
thirty-five seconds West (S 56017' 35" W) a distance of seventeen and thirty-one hundredths feet
(17.31') to a point; thence thru the lands of aforesaid Heartland North forty-three degrees thirty-
eight minutes nine seconds West (N 43° 38' 09" W) a distance of one and ninety-nine hundredths
feet (1.99') to a point on the southerly fight-of-way line of the aforesaid U.S. Route 15; thence
along the aforesaid southerly right-of-way line North fifty-five degrees thirty-three; minutes
twenty-seven seconds East (N 55° 33' 27" E) a distance of seventeen and thirty-one hundredths
feet (17.31') to a point; thence continuing along the aforesaid right-of-way line North fifty-two
degrees thirteen minutes twenty-two seconds East (N 52 o 13' 22" E) a distance of twelve and
ninety-eight hundredths feet (12.98') to the Point Of Beginning.
Document it: 230720.1
-2-
The above described lines being the perimeter of a permanent sanitary sewer right-of-way. Total
area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001 Acres.
The title to be acquired is a perpetual right-of-way or perpetual easement in, over,
under, and across the tract of land hereinbefore described for the free, unob~imcted,
and uninterrupted liberty and privilege, tract occupancy, and use of said tract of land
for all acts required, from time to time, in clearing, trenching, installing,
constructing, laying, using, operating, maintaining, inspecting, removing, repairing,
replacing, relaying, enlarging, and adding to from time to time a sanitary sewer line
or lines for the transportation of sewage with manholes, appurtenances, and attached
facilities, and any and all rights, powers, and privileges appurtenant and related to
the enjoyment of said perpetual right-of-way or perpetual easement, including,
without limiting the granting of the foregoing, the right, power, and privilege to
have officers, agents, employees, or contractors go in, over, under, across, or upon
said tract of land and to do and perform, with or without equipment, any and all said
acts thereon, therein, thereunder, or thereupon which are necessary to carrying into
effect the purposes recited above and the right, power, and privilege to prevent
anyone to construct or maintain anything in, over, under, across, or upon said tract
of land which would interfere with the purposes recited above.
The proper officers and solicitor of the Authority are hereby authorized and directed
to do all things necessary, required, and requisite to accomplish and complete said
condemnation proceeding, under the requirements of existing law, including but not
limited to the preparation and filing of a declaration of taking, and such other
proceedings, including the entry of such bond as may be necessary or desirable to
carry out the purpose of this Resolution, and including relocation of any temporary
construction easement.
The institution of such proceedings and any damages, which may be awarded to the
owners of said premises, shall be paid out of the funds of the Authority.
ENACTED into a Resolution this 4th day of April 2002.
ATTEST:
: 230720.1
LOWER ALLEN TOWNSHIP AUTHORITY
-3-
Exhibit C
KNOW ALL MEN BY THESE PRESENTS, that LOWER ALLEN TOWNSHIP
SEWER AUTHORITY, a municipality authority organized and existing under the Pennsylvania
Municipality Authorities Act of 192[5, approved May 2, 1945, P.L. 382, now repealed and reenacted
by the Act of June 19, 2001, at P.L. 22, and amended by Act of December 17, 2001, at P.L. 110, as
amended, having its principal place of business at 120 Limekiln Road, New Cumberland,
Pennsylvania 17070, hereinafter called "Obligor," is held and firmly bound unto the
Commonwealth of Pennsylvania, hereinafter called "Obligee," for the use and benefit of the owner
or owners of the property condemned as hereinafter noted, and other proper parties in interest, for
such amount of damage as the said owner or owners of the said property and other parties in interest
shall be entitled to receive after the same shall have been agreed upon or assessed in the manner
prescribed by law, by reason of the condemnation by the Obligor, of certain land located in Lower
Allen Township, Cumberland County, Pennsylvania, described as follows:
ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
Beginning at a point, said point being an iron pin (found) on the southerly
right-of-way of U.S. Route 15 S.R. 0015; thence along the aforesaid right-of-way
line South fifty-two degrees thirteen minutes and twenty-two seconds West (S 52°
13' 22" W) a distance of three hundred eighty-seven and one hundredths feet
(387.01') to the Point of Beginning; thence through the lands of Heartland
Properties Limited Partnership South forty-three degrees thirty-eight minutes nine
seconds East (S 43° 38' 09" E) a distance of two and twenty hundredths feet
(2.20') to a point on the northerly right-of-way line of an existing thirty foot (30')
sanitary sewer right-of-way; thence along the aforesaid northerly right-of-way line
South fifty-two degrees nine minutes thirty-nine seconds West (S 52° 09' 39" W)
a distance of thirteen and one hundredths feet (13.01') to a point; thence
continuing along the aforesaid right-of-way line South fifty-six degrees seventeen
minutes thirty-five seconds West (S 56o17, 35" W) a distance of seventeen and
thirty-one hundredths feet (17.31') to a point; thence thru the lands of aforesaid
Heartland North forty-three degrees thirty-eight minutes nine seconds West (N
43° 38' 09" W) a distance of one and ninety-nine hundredths feet (1.99') to a point
on the southerly right-of-way line of the aforesaid U.S. Route 15; thence along the
Document #: 230952.1
aforesaid southerly right-of-way line North fif~y-five degrees thirty-three; minutes
twenty-seven seconds East (lq 55° 33' 27" E) a distance of seventeen and thirty-
one hundredths feet (17.31') to a point; thence continuing along the aforesaid
right-of-way line North fifty-two degrees thirteen minutes twenty-two seconds
East (N 52 ° lY 22" E) a distance of twelve and ninety-eight hundredths feet
(12.98') to the Point Of Beginning.
The above described lines being the perimeter of a permanent sanitary sewer
right-of-way. Total area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001
Acres.
to which payment well an lxuly to be made, the Obligor does bind itself and his successors, and
assigns, firmly by these presents.
Sealed with the corporate seals and duly executed this c~
__ day of jgr~ ~ ~ (~ ,
2002.
WHEREAS, Lower Allen Township Sewer Authority has condemned the said property and
cannot agree with the owner or owners of said land upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation;
NOW THE CONDITION of this Bond is such that if LOWER ALLEN TOWNSHIP
SEWER AUTHORITY, the Obligor herein, shall pay or cause to be paid such amount of damages
as the said owner or owners of the property and other parties in interest shall be entitled to receive
by reason of such condemnation, after the same shall have been agreed upon or assessed in the
,~,~;~'nanner >rovided by law, then this obligation shall be void; otherwise, to be and remain in full force
.... ~ ,~, .. LOWER ALLEN TWP. SEWER AUTHORITY
Seal)
S~r~t~- -'- Chairrm~n (J
Document #: 230952.1
aforesaid southerly right-of-way line North fifty-five degrees thirty-three; minutes
twenty-seven, seconds East (N 55° 33' 27" E) a distance of seventeen and thirty-
one hundredths feet (17.31') to a point; thence continuing along the aforesaid
right-of-way line North fifty-two degrees thirteen minutes twenty-two seconds
East (N 52 o 13' 22" E) a distance of twelve and ninety-eight hundredths feet
(12.98') to the Point Of Beginning.
The above described lines being the perimeter of a permanent sanitary sewer
right-of-way. Total area of the permanent right-of-way is 64.54 Sq. Ft. or 0.001
Acres.
to which payment well an truly to be made, the Obligor does bind itself and his successors, and
assigns, firmly by these presents.'
Sealed with the corporate seals and duly executed this ~ ~ day of /-~ ~,/L~
2002.
WHEREAS, Lower Allen Township Sewer Authority has condemned the said properly and
cannot agree with the owner or owners of said land upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation;
NOW THE CONDITION of this Bond is such that if LOWER ALLEN TOWNSHIP
SEWER AUTHORITY, the Obligor herein, shall pay or cause to be paid such amount of damages
as the said owner or owners of the property and other parties in interest shall be entitled to receive
by reason of such condemnation, after the same shall have been agreed upon or assessed in the
,,,,,._.~m ,aj~n, er provided by law, then this obligation shall be void; otherwise, to be and remain in full force
,,,,:,att; ~,,,.
~e ....r~, ATT.F~% ~? ' LOWER ALLEN TWP. SEWER AUTHORITY
'-.. -.:,. (Co~.'~r~ Seal)
/95~7. Secretary Chai~Yrnan
Document #: 230952.1
SHERIFF'S RETURN - OUT OF COUNTY
C~.SE NO: 2002-01671 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LOWER ALLEN TWP SEWER AUTHORIT
VS
HEARTLkND PROPERTIES L P
R. Thomas Kline
duly sworn according to
and inquiry for the within named CONDEMNEE to wit:
HEARTLAND PROPERTIES L P
but was unable to locate Them in his bailiwick.
deputized the sheriff of PHILT~DELPHIA County,
serve the within DECLARATION OF TAKING
Sheriff or Deputy Sheriff who being
law, says, that he made a diligent search and
He therefore
Pennsylvania,
to
On May
21st , 2002 this office was in receipt of the
attached return from PHIL~ADELPHIA
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Phila Co
18.00
9.00
10.00
116.00
.00
153.00
05/21/2002
METZGER WICKERSHAM
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~_ day of~_~
/
o%~o 2~ A.D.
Prothonotary
Return this form to Ct~nberland County Sheriff's office.
In The Court of Common Pl~as of Cumberland County, Pennsylvania
Lower Allen Township Sewer Authority
VS.
Heartland Properties, LP
SERVE: s~ne
NO. 02 1671 civil
NOW, April 8, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,
within
,20 , at o'clock __ M. served the
upon
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of ,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Sheriff's No. 9205
AFFIDAVIT OF SERVICE
Court Name: COMMON PLEAS
PA
Plaintiff: LOWER ALLEN TOWNSHIP SEWER AUTHORITY
Vs.
County Name: C~nberland
Defendant: HEARTLAND
PROPERTIES, LP
1629 LOCUST ST
PHILADELPHIA
CaseNo. 1671-02 0
COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA
That on L~_ 2q ~{~ 2. at ~ ~ ~ a.n~. service of
County Foreign Writ was made upon HEARTLAND PROPERTIES, LP
by serving to and leaving with: ~,.I [ y
in the City and Count of Philadelphia, Commonwealth of Pennsylvania.
NOT FOUND:
That on at
[] Moved [] No answer
[] Other
[] Expired
a.m./p.m, service was not made because:
[] Unknown [] Vacant
Pr~,?ss Server/Competent Adult
Sworn to and subscribed to before me this
~:~_.~day of ~11 ,2002.
Notary, Public
I I
Sheriff, Philadelphia County