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HomeMy WebLinkAbout94-07221 " ',,1 ','11'" " ,11',' '1., ---- 6 ~ "~ ~ ,(9 " , " 'I "Ii ,'j, " \ ", ,:/ " L "~l ,,! :p " II I 1-' , , .'~ ',; ,I .1_'; I ,I ,1",'\' ';~' I , ,II " . , ,I l' .i ' "<:( ~ o ...J , , , 'i'l , !'i'l L'ili; " , '-I, \ I \ , :, , , " ,. t-li, ., " \1' I" 'd 'JI , "JI " I' :, ).. " I' , !, " , " II' '\ I, i,' ( '- ~ J " " I' " ',' d" ,I' 'I' , I \;', ,I Ii 'I' , , I, , ,I, I I'" 11j. .., - " !J I n <0 C' " -"','.: " I ',,'1 ' .t ,I, " " , , " " , . , " d' " 't" ,;' ., , ' ., I " J!t: "I 'l,I" ,-I,; , I 'j 'I,_I' 'I " 1.\ .'1 'f 1,1-' ,! ,'1 ',i, 'I' ;'_U " "; 1,1, " 'Ill :1, I _I'd: ,.!! ""II ", " I,;' ,'I' ii' I' ]. I'," , ',. .I,:' .', '; .. , I I, Ii ,I ,I' I. " _I" " "'1'-, ' i' 1\, " , ,',"\ i,),," j ,\ I , 'j '; J',' ,I. -,1, ,\,' II, I 'I , ',' ,. ", I '1 ,I, U H , '. ,I! "'"" '1,'1 .'1 I,' t ", " \:'-1 i.I' ) I 'ii' "~'I " , " ", _1'", " (" , "dilli!iI" '1'1 " , " ,I' ,'1 II, J' .1 ';I_'! I'" , ," , J' '"J 'I ':; ,i .,'1,. ". 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Gutshall, Jr.,1 for sanitary Sewer Transmission I Lines and Appurtenances 19114 CIVIL ACTION - LAW EMINENT DOMAIN PROCBEDINGS IN REM am/UATION 01' TAIIIfCl The Lower Allen Township Authority doss hsreby respectfully declare that: 1. The Condemnor is Lower Allen Township Authority, a municipal authority duly organized and existing undsr the laws of the CODlDlonwealth of Pennsylvania, and is located at 120 Limekiln Road, New Cumberland, Pennsylvania 17070. 2. The interest in and to the propertr described in Exhibit "A", attached hereto and made a part hereof s hereby condemned as an aasement for sanitary sewer transmission lines and afPurtenances by the Condemnor pursuant to the Municipality Author ties 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, tl.t. ng., and as authorized by Resolution 94-A-24, adopted NovQmber 3, 1994, by said Condemnor. A copy of said Resolution is attaohed 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 sanit~ry sewer transmission linea and appurtl!lnanoes for extension of the sewer system of the Condemnor. 4. A description of the easement condemned sufficient for its identit ication is set forth 1n Exhibit "A" attached hereto and made a part hereof. ~ 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-24 OF LOWER ALLEN TOWNSHIP AUTHORITY, 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 MERLE O. GUTSHALL, JR., HIS HEIRS AND ASSIGNS, IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NE~ESSARY 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") tor Lower Allen Township; and WHEREAS, said Plan, inter AliA, 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 pl'oceed 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, Jr., his heirs and assigns for a perpetual easement and right-of-way for the purposes herein s.et forth, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and describes as follows: f.xh lbit "B" BEGINNING at a point on the easterly line of property ot Merle o. Gutshall, Jr., said point being N 330 33' 35" E, 430.28 teet from the southeasterly corner, located on the center Uno of Lisburn Road S. R. 2017, of said Gutshall property; thence northwestwardly through the Gutshall property N 47035' 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 r.ight-of-way line ot Forge Road S.R. 2019, said point being located as shown on the attached plat. The above descrll ed line being the center line of a permanent easement of a total width of 30 feet and inc:l'lded 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 t;lescription. 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 pr.ivileges 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 -2- BOND .ITROUT 8URBTY KNOW ALL MEN BY THESE PRESENTS THAT LOWER ALLEN TOWNSHIP AUTHORITY, a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.T... 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, Jr., 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 47" 35' 47" W, 154.54 feet to a point (L56); thence N 51" 10' 10" W, 702.20 feet to a point (L54); thence N 45" 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 faet. 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 ~lUh day of ~"'"......(\~ , 19~. EXHIBIT "c" 6; w , .,.-- m ,..1 17"':;")' ~ ',~~ 'J .~ ,. ,.,.'-' ,'. , , ,', " \',') , , " , " , " I ~I . ," " " lD ,~ ~ ~8 . j i 8 W'll .~!iH )J~~~~ ~~ = I:) ii OJ · t; 1 2: ," ", 10',1 " ,,; , " , , , " , " " , " I , , , ..... . -' " w' . . , . . . ' I, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN REI Condemnation by Lower I No. 94w7221 CIVIL 1994 Allen Township Authority I Cumberland County, Pennsylvania of Land in Lower Allen Township CIVIL ACTION - LAW Cumberland county, Pennsylvania I Owned by Merle O. Gutshall, Jr.,: EMINENT DOMAIN PROCEEDINGS for Sanitary Sewer Transmission: IN REM Lines and Appurtenances MOTICS or RSCORDING Tal prothonotary, Cumberland County, Pennsylvania Please be advised that in accordance with the provisions of section 404 of the Eminent Domain code, as amended, 26 P.S. Section 1-404, you are hereby notified that the Notice of the Filing of the Declaration of Taking to the above Term and Number is of record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 488, Page 642, ~ ~. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB By: Esqu re Allen Dated: December 28, 1994 P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RBI Condemnation by Lower No. 94-7221 civil 1994 Allen Town.hip Authority, CUlllberland, County, CIVIL ACTION - LAW penn.ylvania, of Land in Lower Allen Township, Cumberland EMINENT DOMAIN PROCEBDINGS County, Pennsylvania, Owned by Merle o. Gutshall, Jr., for IN REM Sanitary Sewer Transmission Lines and Appurtenances SETTLEMENT AGREEMENT AND NOW, this l"VI day of December, 1995, it is hereby stipUlated and agreed by and between LOWER ALLEN TOWNSHIP AUTHORITY, herein called "condemnor", and Merle o. Gutshall, Jr., herein called "Condemnee" , that the condemnation proceedinqs in,itiated by thll adoption by Lower Allen Township Authority of Re.olution 94-A-24, authorizing the selection, appropriation, and condemnation of an easement and right-of-way for sanitary sewage line. with manholes, appurtenances, and attached facilities, in, over, under, and across land of Merle O. GutShall, Jr., are hereby settled and satisfied in the amount of Three Thousand Dollars ($3,000.00), One Thousand Eight Hundred Dollars ($1,800.00) of which has been already received, 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, At atg., including but not limited to full settlement of the following special damages, if applicable, under Article VI of the said Eminent Domain Codo. Exhibit "A" .. I ~ I MovinlJ and relatQd expenses for displaced penons, Section 601A, 23 P.S. Seotion 601A. Replaoement housing for hOllleowners up to $22,500, section 602A, 26 P.S. 51-602A. Replacement housing for tenants and others up to $5,250, Section 603A, 23 P.S. 51-603A. Damages for all or part of several contiguous tracts owned by one owner or part of several non-contiguous tracts owned by one owner which are used together ~or a unified purpose, section 605, 26 P.S. Section 1-605. Rights of certain displaced persons, Section 606A, 26 P.S. Section 1-606A. The additional other items of damages provided for in the Eminent Domain Code are reasonable costs of the removal, transportation, and reinstallation of machinery, equipment, or fixtures on the condemned property, not forming part of the realty, Section 607, 26 P.S. Section 1-607. Expenses incidental to transfer of title such as recording fees, transfer taxes, closing costs, and penalty costs for pre-payment of any mortgage on the real estate and the pro- rata portion of real property taxes paid and water and sewer Charges paid, Section 608, 26 P.S. section 1-608. Moving and related expenses of displaced persons, and damages for business dislocation or farm business dislocation, reasonable expenses for the removal, transportation and reinstallation of personal propr,rty, 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 for delay in payment at rate of six percent (6') per annum, section 611, 26 P.S. Section 1-611. - 2 - Damages to property abutting the area or an improvement resulting from change of grade of road or highway, permanent interference with access thereto, or injury to surface support, section 612, 26 P.S. section 1-612. Damages for vacation of 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 of monetary "just compensation" by use of a substitute for monetary compensation, Section 617.1, 26 P.S. Section 617.1. IT IS FURTHER AGREED: a. That the Condemnee shall produce releases for or satisfy of record liens for all taxes and municipal olaims 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. o. 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