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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: Condemnation by Lower No.c111- ~8t7CIVIL 1994
Allen Township Authority
Cumberland county, Pennsylvania
of Land in Lower Allen Township CIVIL ACTION - LAW
Cumberland County, Pennsylvania
Owned by Merle O. Gutshall, for EMINENT DOMAIN PROCEEDINGS
Sanitary Sewer Transmission IN REM
Lines and Appurtenances
DECL~TION OF TAKING
The Lower Allen Township Authority does hereby respectfully
declare that:
1. The Condemnor is Lower Allen Township 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
May 2, 1945, P.L. 382, Section 4B(1) and Section 11, 53 P.S.
section 306B(1), and to the Eminent Domain Code of June 22, 1964,
P.L. 84, 26 P.S. section 1-101, et sea., and as authorized by
Resolution 94-A-24, adopted November 3, 1994, 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 Prothonotary 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.
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RESOLUTION 94-A-24
OF LOWER ALLEN TOWNSHIP AUTHORITY,
AUTHORIZING THE SELECTION,
APPROPRIATION, AND CONDEMNATION OF
AN EASEMENT AND RIGHT-OF-WAY FOR
SANITARY eEWAGE LINES WITII MANHOLES,
APPURTENANCES, AND ATTACHED
FACILITIES IN, OVER, UNDER, AND
ACROSS LAND OF MERLE o. GUTSHALL,
HIS 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 Authority, a municipality
authority organized and existing under the Pennsylvania
Municipality Authorities Act of 1945, approved May 2, 1945, P.L.
382, as amended and supplemented, (hereinafter referred to as
"Authority"), was notified by letter dated February 11, 1992, that
the Pennsylvania Department of Environmental Resources (hereinafter
referred to as "DER") approved the Pennsylvania Sewage Facilities
Act 537, Official Sewage Plan (hereinafter referred to as "plan")
for Lower Allen Township; and
WHEREAS, said Plan, inter ~, provides for the collection
and conveyance of wastewater from the Lisburn Area to the existing
collection, conveyance, treatment of wastewater, and disposal
system of Authority (hereinafter referred to as "project"); and
WHEREAS, the Authority is about to proceed with part of the
Project by installation of sanitary sewer lines with manholes,
appurtenances, and attached facilities in the Lisburn Area; and
WHEREAS, in accordance with the provisions of Section 11 of
the Municipality Authorities Act of 1945, May 2, P.L. 382, Section
314, the Authority is authorized to acquire a perpetual easement
and right-Of-way in land through eminent domain proceedings.
NOW, THEREFORE, BE IT RESOLVED, by the Board of this Authority
as follows:
1. Lower Allen TownShip Authority, in accordance with
authority conferred by law, selects, appropriates, and condemns
land of Merle O. Gutshall, his heirs and assigns for a perpetual
easement and right-Of-way for the purposes herein set forth,
situate in Lower Allen Township, Cumberland County, pennsylvania,
more particularly bounded and describes as follows:
Exhibit "Il"
"
BEGINNING at a point on the easterly line of property of
Merle o. Gutshall, said point being N 330 33' 35" E, 430.28
feet from the southeasterly corner, located on the center line
of Lisburn Road S.R. 2017, of said Gutshall property; thence
northwestwardly through the Gutshall property N 470 35' 47" W,
154.54 feet to a point (L56); thence N 510 10' 10" W, 702.20
feet to a point (L54); thence N 450 26' 52" W, 235.22 feet to
a point on the easterly right-of-way line of Forge Road S.R.
2019, said point being located as shown on the attached plat.
The above described line being the center line of a
permanent easement of a total width of 30 feet and included
along the entire length is an additional width of 10 feet
being wholly or partially on either the left or right side of
the permanent easement for the purposes of construction only.
Total length of right-of-way on property, 1,091. 96 linear
feet.
Easement lines to be shown on the plat attached hereto
marked Exhibit "A" and made part of this description.
2. 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, 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,
3. 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,
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BOND WITHOUT SURETY
KNOW ALL MEN BY THESE PRESENTS TIIAT LOWER ALLEN TOWNSHIP
AUTHORITY, a municipality authority organized and existing under
the Pennsylvania Municipality Authorities Act of 1945, approved May
2, 1945, P.L. 382, 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 on the easterly line of property of
Merle o. Gutshall, said point being N 33" 33' 35" E, 430.28
feet from the southeasterly corner, located on the center line
of Lisburn Road S.R. 2017, of said Gutshall property; thence
northwestwardly through the Gutshall property N 47" 35' 47" 1'1,
154.54 feet to a point (L56); thence N 51" 10' 10" 1'1, 702.20
feet to a point (L54); thence N 45" 26' 52" 1'1, 235.22 feet to
a point on the easterly right-of-way line of Forge Road S.R.
2019, said point being located as shown on the attached plat.
The above described line being the center line of a
permanent easement of a total width of 30 feet and included
along the entire length is an additional width of 10 feet
being wholly or partially on either the left or right side of
the permanent easement for the purposes of construction only.
Total length of right-of-way on property, 1,091.96 linear
feet.
to which payment well and truly to be made, the obligor does bind
itself and its successors and assigns, firmly by these presents.
Sealed with the corporate seal and duly executed this 1st day
of December, 1994.
EXHIBIT "c"
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