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IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: Condemnation by Lower No.qUM CIVIL 1994
Allen Township Authority
Cumberland County, Pennsylvania
of Land in Lower Allen Township CIVIL ACTION - LAW
Cumberland county, Pennsylvania
Owned by C. Scott Harrison and EMINENT DOMAIN PROCEEDINGS
Sarah L. Harrison, his wife,
for sanitary Sewer Transmission IN REM
Lines and Appurtenances
DECLARATION 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-25, 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.
SEWER RIGHT-OF-WAY
TO BE ACQUIRED FROM
C. SCOTT HARRISON AND SARAH L. HARRISON
BY
LOWER ALLEN TOWNSHIP AUTHORITY
DESCRIPTION FOR
RIGHT-OF-WAY NO.1
ALL that certain piece or parcel of land being a
permanent easement near the northeasterly corner of property
of C. Scott and Sarah L. Harrison. Being at a point, said
point being an easterly corner (I .P. FND.) of the aforesaid
Harrison property; thence in a southerly direction along an
easterly line of property of Harrison S 120 21' W, 28.83 feet
to a point; thence northwardly through the Harrison property
N 050 23' 21" W, 81.97 feet to a point on an easterly line of
property of Harrison; thence in a southwardly direction along
said easterly property line S 140 50' E, 55.92 feet to a
point, the place of beginning.
The above described line being the perimeter of a
triangular shaped permanent easement, Also included along the
81.97 foot length is an additional width of 10 feet on the
west side of said permanent easement for the purposes of
construction only. Total area of right-of-way on property
376.05 square feet.
DESCRIPTION FOR
RIGHT-OF-WAY NO.2
BEGINNING at a point on an easterly line of the aforesaid
Harrison property, said point being S 120 21' W, 201.77 feet
from an easterly property corner (LP.FND.); thence
southwardly through the Harrison property S 690 36' 02" W,
70.43 feet to a point; thence S 150 35' 29" W, 385.50 feet to
a point; thence S 820 24' 36" W, 45.75 feet to a point on a
southerly line of property of Harrison; thence in an easterly
direction along said southerly property line S 560 40' 58" E,
50.55 feet to a point, said point being the southeasterly
corner (fence corner) of property of Harrison; thence in a
northerly direction along an easterly property line of
Harrison N 190 47' E, 441.13 feet to a point; thence
Exhibit "A"
.
..
RESOLUTION 94-A-25
OF LOWER ALLEN TOWNSHIP AUTHORITY,
AUTHORIZING THE SELECTION,
APPROPRIA'J,'ION, AND CONDEMNATION OF
AN EASEMENT AND RIGHT-OF-WAY FOR
SANITARY SEWAGE LINES WITH MANHOLES,
APPURTENANCES, AND ATTACHED
FACILITIES IN, OVER, UNDER, AND
ACROSS LAND OF C. SCOTT HARRISON AND
SARAH L. HARRISON, HIS WIFE, THEIR
HEIRS AND ASSIGNS, IN LOWER ALLEN
TOWNSIIIP, 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 C. Scott Harrison and Sarah L. Harrison, his wife, their
heirs and assigns for a perpetual easement and right-of-way for the
purposes herein set forth:
Exhibit "II"
DESCRIPTION FOR
RIGHT-OF-WAY NO.1
ALL that certain piece or parcel of land being a
permanent easement near the northeasterly corner of property
of C. Scott and Sarah L. Harrison. Being at a point, said
point being an easterly corner (I.P.FND.) of the aforesaid
Harrison property; thence in a southerly direction along an
easterly line of property of Harrison S 12" 21' W, 28.83 feet
to a point; thence northwardly through the Harrison property
NOS" 23' 21" W, 81.97 feet to a point on an easterly line of
property of Harrison; thence in a southwardly direction along
said easterly property line S 14" 50' E, 55.92 feet to a
point, the place of beginning.
The above described line being the perimeter of a
triangular shaped permanent easement. Also included along the
81.97 foot length is an additional width of 10 feet on the
west side of said permanent easement for the purposes of
construction only. Total area of right-of-way on property
376.05 square feet.
DESCRIPTION FOR
RIGHT-OF-WAY NO.2
BEGINNING at a point on an easterly line of the aforesaid
Harrison property, said point being S 12" 21' W, 201.77 feet
from an easterly property corner (I.P.FND.); thence
southwardly through the Harrison property S 69" 36' 02" W,
70.43 feet to a point; thence S 15" 35' 29" W, 385.50 feet to
a point; thence S 82" 24' 36" W, 45.75 feet to a point on a
southerly line of property of Harrison; thence in an easterly
direction along said southerly property line S 56" 40' 58" E,
50.55 feet to a point, said point being the southeasterly
corner (fence corner) of property of Harrison; thence in a
northerly direction along an easterly property line of
Harrison N 19" 47' E, 441.13 feet to a point; thence
northwardly through the Harrison property N 09" 14' 28" E,
196.17 feet to a point; thence N 15" 04' 34" E, 326.22 feet to
a point; thence N 69" 36' 02" E, 35.67 feet to a point on an
easterly line of property of Harrison; thence in a northerly
direction along said easterly property line N 12" 21' E, 35.67
feet to a point, the place of beginning.
The above described line being the perimeter of a
variable width permanent easement up to 30 feet in width and
included along the entire length is an additional width of 10
feet on the west side of said permanent easement for the
-2-
purposes of construction only. Total area of right-of-way on
property, 25,626.48 square 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 or. 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 requisito 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.
4. 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 3rd day of November, 1994.
Attest:
(Corporate Seal)
tJ.,) :aJ.'~--J. ./{/~
Secretary ,~:ST,
LOWER ALLEN TOWNSHIP AUTHORITY
By:
~~2~4~~/17Y~
obert . or, Cha rman
-3-
BOND WITHOUT SURETY
KNOW ALL MEN BY THESE PRESENTS THAT LOWER ALLEN TOWNSHIP
AUTHORITY, a municipality authority organized and existing under
the Pennsylvania Municipality .:\uthorities Act of 1945, approved May
2, ]945, 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 TIIAT CERTAIN lot or piece of ground situate in Lower Allen
Township, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
DESCRIPTION FOR
RIGHT-OF-WAY NO.1
ALL that certain piece or parcel of land being a
permanent easement near the northeasterly corner of property
of C. Scott and Sarah L. Harrison. Being at a point, said
point being an easterly corner (I.P.FND.) of the aforesaid
Harrison property; thence in a southerly direction along an
easterly line of property of Harrison S 120 21' W, 28.83 feet
to a point; thence northwardly through the lIarrison property
N 050 23' 21" W, 81.97 feet to a point on an easterly line of
property of Harrison; thence in a southwardly direction along
said easterly property line S 140 50' E, 55.92 feet to a
point, the place of beginning.
The above described line being the perimeter of a
triangular shaped permanent easement. Also included along the
81.97 foot length is an additional width of 10 feet on the
west side of said permanent easement for the purposes of
construction only. Total area of right-of-way on property
376.05 square feet.
EXHIBIT "c"
DESCRIPTION FOR
RIGHT-OF-WAY NO.2
BEGINNING at a point on an easterly line of the aforesaid
Harrison property, said point being S 120 21' W, 201.77 feet
from an easter 1y pro;lerty corner (I . P. FND. ) I thence
southwardly through the Harrison property S 690 36' 02" W,
70.43 feet to a point; thence S 150 35' 29" W, 385.50 feet to
a point; thence S 820 24' 36" W, 45.75 feet to a point on a
southerly line of property of Harrison; thence in an easterly
direction along said southerly property line S 560 40' 58" E,
50.55 feet to a point, said point being the southeasterly
corner (fence corner) of property of Harrison; thence in a
northerly direction along an easterly property line of
Harrison N 190 47' E, 441.13 feet to a point; thence
northwardly through the Harr ison property N 090 14' 28" E,
196.17 feet to a point; thence N 150 04' 34" E, 326.22 feet to
a point; thence N 690 36' 02" E, 35.67 feet to a point on an
easterly line of property of Harrison; thence in a northerly
direction along said easterly property line N 120 21' E, 35.67
feet to a point, the place of beginning.
The above described line being the perimeter of a
variable width permanent easement up to 30 feet in width and
included along the entire length is an additional width of 10
feet on the west side of said permanent easement for the
purposes of construction only. Total area of right-of-way on
property, 25,626.48 square 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.
WHEREAS, Lower Allen Township 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 AUTHORITY, the Obligor herein, shall payor 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 manner provided by law, then this
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Condemnation by Lower
Allen Township Authority of
Land in Lower Allen Township, :
Cumberland county, Pennsylvania:
Owned by C. Scott Harrison and :
Sarah L. Harrison, his wife, :
for Sanitary Sewer Transmission:
Lines and Appurtenances :
No. 94-6821 civil Action, 1994
civil Division - Law
Eminent Domain Proceedings
In Rem
SETTLEMENT AGREEMENT
AND NOW, this a~ day of
Anr/l
I
, 1995, it is
hereby stipulated and agreed by and between LOWER ALLEN TOWNSHIP
AUTHORITY, herein called "Condemnor", and C. SCOTT HARRISON and
SARAH L. HARRISON, his wife, herein called "Condemnee", that the
condemnation proceedings initiated by the adoption by Lower Allen
Township Authority of Resolution 94-A-25, authorizing the
selection, appropriation, and condemnation of an easement and
right-of-way
for
sanitary
sewage
lines
with
manholes,
appurtenances, and attached facilities, in, over, under, and across
land of C. Scott Harrison and Sarah L. Harrison, his wife, are
hereby settled and satisfied in the amount of Two Thousand Seven
Hundred Forty-Five Dollars ($2,745.00), which sum is accepted by
the Condemnee in full settlement with all damages payable under the
Eminent Domain Code of 1964, June 22, P.L. 84, as amended, 26 P.S.
51-101, ~ ~., including but not limited to full settlement of
the following special damages, if applicable, under Article VI of
the said Eminent Domain Code.
Removal expenses, section 608, 26 P.S. Section 1-608.
EXHIBIT "A"
..
"
, "
Business dislocation damages, section 609, as amended, 26 P.S.
section 1-609.
Moving expenses, section 610, as amended, 26 P.S. section 1-
610.
consequential damages, section 612, 26 P.S. Section 1-614.
Proration of real estate taxes, section 614, 26 P.S. Seotion
1-614.
Replacement housing, section 615, 26 P.S. Section 1-615.
Expenses incidental to transfer of property, Section 616, 26
P.S. Section 1-616.
Payment on account of increased mortgage costs, Section 617,
26 P.S. section 1-617.
Farm business dislocation damages, section 618, 26 P.S.
section 1-618.
Moving and related expenses of displaced person, Section 610-
A, 26 P.S. section 1-601-A.
IT IS FURTHER AGREED:
a. That the Condemnee shall produce releases for or
satisfy of record liens for all taxes and municipal claims
assessed against, and all mortgages, judgments and other liens
of record against the subject property as of the date of
condemnation.
b. That upon delivery of the Condemnor's check for
final payment hereunder the Condemnee will cause the dockets
of these proceedings to be marked satisfied, or will not file
a Declaration of Taking.
c. That the Condemnees represent that no other parties
have an interest in these damages by virtue of a lease,
-2-