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HomeMy WebLinkAbout94-07220 .., ~ ~ Po lZl a :z: H ~~t ~ .oC u~~ r.. I> a H au ~uo a p.~::: u r-- I ~lil~ ~!:Jo HBlZl ~ :,.~)- , - ,J_I,. ~ ~,; i<+ I;" c') ::~ .... :',: l~"l . , ..., , . , I.'. ,',I " en ,I ,^, r.n '''-J I' " Ih ~~i ;:i v. ~ ' <<I ll. :.~ ~ I r:: OO.d.... 0 ..:l Ill:>' . ~.... ~~ ~ ~ .'" <2 ~ III .Q'~~~:a: ~ ,'II ~ r:lO Po....nl<<ltJir:: o.<:r:: ~.Q~r:lnl ...+lQl .nl~'''''''~ ~ ::I.... :>'110: '" :. ~ Ql "'OC....+l III E-<+l m 0,.0: 3~'tl,~ ~ ~ "O:a~8'tl~'<:~8: r:lUlll. ill 'QloC o r:l ll.'tl! ~ ~ III U) P r:l Ql Ql '0 o '" N N :>. r:l E-<r:l.... +l+l~'" .. ..... ~ ...... 'n AS Qlr:l illlQlQl+lUl Pi: Ql'tl ,...:.:.... Ql r:l::1~ ~1l'l3~.~ HoC..:lUI>IIlIllIll..:l " ,\ b'I r:l .... N .... k 0+1 ~~ ::I r:l <,... :>.~ ~ ~~.~ ~O'tl o Ql ~ r:l Ql ~ou <'j ~ ~UPo o III ~r:l ~ Ul.... ~.j ~ o III 0 IllIllQ , , . ,1,1 " . ' I. I, I , , " , " , , , '" I 'I' 1.'1 It.) i., " , " , " .' III ~ ~ '" 8 Ul , III III i i 0 fll: ~ ~ 1'1 ; :i~!0I' , ~J~!I ~ffidd ~ a;: 'i ~:E ~ , . ffi VI \!l Ii ~ ~ ::E I, IlL, " ' , , q, 'I " " . " . .. IN THB COURT or COMMON PLEAS or CUMBBRLAND COUNTY, PBNNSYLVANIA In Rei Condemnation by Lower I Allen ~own.hip Authority of I Land in Upper Allen Township, cumberland County, Pennsylvania Owned by Xarl M. Schweitzer and Barbara J. Sohweitzer, his wife, for Sanitary Sewer Transmission Lines and Appurtenances No. 94-7220 civil Aotion, 1994 civil Division - Law Eninent Domain Prooeedinqs In Rem SETTLEMENT AGREEMENT AND NOW, this ~( day of September, 1995, it is hereby sti~ulated and aqreed by and between LOWER ALLEN TOWNSHIP AUTHORITY, herein called "Condemnor", and KARL M. SCHWEITZER and BARBARA J. SCHWEITZER, his wife, herein called "condemnees", that the condemnation proceedings initiated by the adoption by Lower Allen Township Authority of Resolution 94-A-26, authorizing the seleotion, 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 Xarl M. Schweitzer and Barbara J. Schweitzor, his wife, are hereby settled and satisfied in the amount of Ninety-one Dollars ($91.00), which sum is accepted by the Condemnees 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, n ug" inclUding but not lil1lited to full settlement of the following special damages, if applicable, under Article VI of the said Eminent Domain Code. Exhibit "A" ~ Movin; and relatedexpan.e. tor displaced person., section d01A, 2~ P.S. seotion d01A. ' aeplacelllent housing tor hOllleowners up to $22,1500, Seotion d02A, Zd P.S. 51-602A. aeplacelllent housinq tor tenants and others up to $ 5,250, Section 603A, 23 P.S. 51-603A. Dalllage. tor all or part ot .everal contiguous tracts owned by one owner or part of .everal non-contiguous tracts owned by one owner whioh are used together tor a unitied purpose, section 6015, 26 P.S. Section 1-605. Right. of certain displaced persons, Section 606A, 26 P.S. Section 1-606A. The additional other items ot damaqes provided for in the Eminent Domain Code are reasonable costs of the removal, transportation, and reinstallation of machinery, equipment, or tixtures on the condemned property, not forming part of the realty, Seotion 607, 26 P.S. section 1-607. Expenses incidental to transfer of title such as recording tees, transfer taxes, closing costs, and penalty costs for pre-payment of any mortqage on the real estate and the pro- rata portion of real property taxes paid and water and sewer charges paid, Section 608, 2~ P.S. Section 1-608. Moving and related expenses of displaced persons, and damages tor business dislocation or farm business dislocation, reasonable expenses for the removal, transportation and reinstallation of personal property, Section 610A, 26 P,S, 51- 610A. Appraisal, attorney and engineering fees up to $500, Section 609, 26 P.S. Section 1-609, Section 610, 26 P.S. Section 1- 610. Increased costs of new mortgage, Section 610,1, 26 P.S. Section 1-610.1. compensation tor delay in payment at rate of six percent (6') per annum, Section 611, 26 P.S. Section 1-611. -2- ~ Damaqe. to property abutting the area ot an improvement re.ultinq trom change o~ grade ot road or hiqhway, permanent interteJ'ence with access thereto, or lnjury to surtace support, section 612, 26 P.S. section 1-612. Damages tor va~ation ot road, Section 613, 26 P.S. Section 1-613. All such expenses incurred in securing an adjudication when a condemnor attempts to avoid the payment ot monetary "just compensation" by use ot a subatitute tor monetary compensation, Section 617.1, 26 P.S. seotion 617.1. IT IS FURTHER AGREED: a. That the Condemnees shall produce releases for or satisty ot record liens for all taxes and munioipal olaims assessed against, and all mortgages, judgments and other liens of reoord against the subjec,t property as of the date ot condemnation. b. That upon delivery of the Condemnor's cheok for final payment hereunder the Condemnees will cause the dockets of these proceedings to be marked satisfied, or will not file a Declaration of Taking. o. That the Condemnees represent that no other parties have an interest in these damages by virtue of a lease, easement, security agreement or for any other reason, and that if any party shall assert a claim against these funds, or present a claim for damages attributable to an interest in the subjeot property, and shall receive a final award therefor in -3- ~. . ') ;:S m~ iJ'" ...l~ ",m z~ OlfJ ~ ~o.. '" o .,",~ g U:'<"'< r>:: ~lJ'I..:lp... "'Z~ 01:> I Z O...l H I-<UHZ< .. :> 0:>: I:>~H~<O o UE-q:::! U U <I-< '" Z ::X:W H~ I-<~ HZ .pH Z OH::E HUZC,)~ t; t:. . - ~ ( -.:1' '<) en i'".. . " " I. E ", ," If> [.) ~ (""> I' ~:J " " .' ~ ..... , . CO) ~U "",' c.t:l. l'~ ,~ ~ ~~ ri'I r() ....... r- ~ ~ ~~~\ ~) ~ , , ~ , H ~ , '" , 0 Z C H , I-< 3 1 U , '" "" :z: H .. '" III .. <II '" <II '" .. c:l ~.,..."I"'t!:l~O ~ ~~~<II-;"UJ ~ ~~~~fJl~ ~~~~~~~m >,Uc:I ~.... c:lrn .o""~c:ldq,l -CUCU $.l CU clJ 4.1 :. ~ ... u !:lO~"""A.I.dQ,l~a o ..r: ...... CJ N a:J '1"'1 U .. < ..{J).u ... a 4J ;:J >-- >. "l""l GJ lU l1:l <( .u $.I 4.J . QJ ) .u " c:l",,:>::J.... a '" ::l :J::l .d en ::l Q.l'rlOQOI""'4U Q. "O.J:U~U"'c.n~t:1o C tJl ctt 1-4-< o c:l '" c:l '" Ow: ' <II u):~'1"'4a ""').&J"O o <II '" >. .... '" E-4 M "t:J ,.....0 (Ij c:I (Ij .. ... c:I ~ $.l ctt '" '" .. " .. '" '" en ., lJGCU,.c..J.QQ,I..o Q,I z::1~....~rq~;l H<UOUOj:GI.M~ , en u Z H "" " , " , I . 'I I " I, , " lD ~ ~ ~' ? III CD j ~ ~ ~ e~ h ~ ~ ~!1~~~ ~~~!~! ~ % ~ Ii m iii 1/1 " i e ~ % I I, 1\-' " " ,I,' '"I, ',. .' " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Condemnation by Lower No.11J' 7 J,4'CIVIL 1994 Allen Township Authority Cumberland County, Pennsylvania of Land in Lower Allen Township CIVIL ACTION - LAW Cumberland County, Pennsylvania Owred by Karl M. Schweitzer and EMINENT DOMAIN PROCEEDINGS Barbara J, Schweitzer, his wife,: for sanitary Sewer Transmission IN REM Lines and Appurtenances DECLARATION or TAKING The Lower Allen Township Authority does hereby respectfully declare that: 1. The Condemnor is Lower Allsn 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, 182, Section 4B(l) 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, tl ~" and as author.i:l:e,d 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 fer 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. RESOLUTION 94-A-26 OF LOWER ALLEN TOWNSHIP AU~HORITY, 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 KARL M. SCHWI::ITZER AND BARBARA J. SCHWEITZER, HIS WIFE, THEIR HEIRS AND ASSIGNS, IN UPPER ALLEN TOlmSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREm' . WHEREAS, Lower Allan 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 Alig, 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 ~HEREAS, 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 Aut~ority is authorized to acquir& 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 Karl M. Schweitzer and Barbara J. Schweitzer, his wife, their heirs and assigns for a perpetual easement and right-Of-way for the purposes herein set forth: EXHIBIT "8" ALL that certain tract and parcel of land beinq a permanent ea.ement in the northerly corner of property of Karl M. and Barbara J. Schweitzer. Beqinning at a point, said 'point being a northerly corner (I.P.FND.) of the aforesaid Schweitzer property; thence in an easterly direotion along the northerly property line N 880 08' E, 20.89 feet to a point; thence southwestwardly through the Schweitzer property S 230 45' 34" W, 122.18 feet to a point; thence S 680 59' 39" W, 2.05 feet to a point on a westerly line of property of Schweitzer; thence in a northerly direction along said westerly propertr line N 140 31' E, 104.50 feet to a point, the place of beg nning. The above described line being the perimeter of a variable width permanent easement. Also included along the 122.18 foot length and the 2.05 foot length is an additional width of 10 feet on the east side of said per..la.lent easement for the purposes of construction only. Total area of right- of-way on property, 1,162.47 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 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, -2- " l ~ ~ 38B.r,_- POINT OF ;;iI, 0 89 ~ BEGINNING :z:1. '2!' ~~ ,€..\e9~ , .".08 . ~ ' T~P.OF~~:ERALLEN-p . (~~b,)-- ~~.o, 1I~.37'34" ~ ~j "1 S23040134"W. ,. ~ ~' : "8 122,18' ~. : trl' . :E . eONe, 398 ~ I MON, "~ 573.09' P ~ "F: IOB,~O z ~ .~ ~..---- .' ---- S68.~9'~9"W 2,O~ N/F ARMSTRONG LOT 16 ~ '. KARL M, SCHWEITZLER AND BARBARA J, SCHWEITZLER, HIS WIFE DEED REF,: V32 -181 !i I 1111 ~. N/F , SNYOER UJ ;;; . :! z r.'~~', 'h t t" II A" SEWER RIGHT, OF WAY 10 BE: ACQUIRfO FROM KARL M, SCHWEITZLER AND BAR8ARA J, SCHWEITZLER, HIS WIFE OF UPPER ALLEN TOWNSHIP CWBERLANO COJNTY. PENNSYLVANIA SY LOWER ALLEN TOWNSHIP AUTf()RITY GANNETT ~LEMING, INC HAr,fMAunG,PA MJGUS r, 19<)4 ~ t:lQli THIS PLAT REFLECTS THE ACCURACIES OR INACCURACIES OF THE OEEOS Cf RECORD ANO IS TO 8E USEO FOR SETTLEMENT PURPOSES ONLY, SCALE. i', 100' Fl..AN SHEET TAX MAP REf' TOTAL AREA OF nlw ON PROPERTY 1,162.47 SQUARE FEET BOND WITHOUT 8URZTJ KNOW ALL MEN BY 'rHESE PRESENTS THAT I,OWER 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 busin0ss at 120 Limekiln Road, New Cumberland, Pennsylvania 17070, hereinafter called "Obligor", is held and firmly bound unto the Commonwealth of Pennsylvani.a, hereinafter called "Obligee", for the use and benefit of the owner. or owners of the property condemned as hereinafter not~d, 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 Upper Allen Township, Cumberland county, Pennsylvania, described as follows: ALL that certain tract and parcel of land being a permanent easement in the northerly corner of property of Karl M. and Barbara J. Schweitzer. Beginning at a point, said point being a northerly corner (I. P. FND.) of the aforesaid Schweitzer property; thence in an easterly direction along the northerly property line N Ba" 08' E, 20.89 feet to a point; thence southwestwardly through the Schweitzer property S 230 45' 34" W, 122.18 feet to a point; thence S 68" 59' 39" W, 2.05 feet to a point on a west~::-li line of property of Schweitzer; thence in a northerly direction along said westerly property line N 140 31' E, 104.50 feet to a point, the place of beginning. The above described line being the perimeter of a variable width permanent easement. Also included along the 122.18 foot length and the 2.05 foot length is an additional width of 10 feet on the east side of said permanent easement for the purposes of construction only. Total area of right- Of-way on property, 1,162.47 square feet. Easement lines to be shown on the plat attached hereto marked Exhibit "A" and made part of this description. 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 'J7Jh day of December, 1994. WHEREAS, Lower Allen Township Authority has condemned the said property and cannot ag:.'ee with th.e owner or owners of said land EXHIBIT "C"