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'" I g- ..-1 N ..-1 \.< 0-1' ~@ :::ll.: ~'.-I ;..&i ~ 'll R R.... ..-1 \.<O'tl o 'll -I' R 'll -I'OU ~'.-I 0 -I' H ....UP< o l\l .... R \.< !II ,.-I ~'j ~ o l\l 0 P<IIlO III ~S 04 8 ~ ' 3 ~ ID i ~ H ~ f~iui ~ l-lII U a:HOz ~~~!~~ ~. ~ ~ a: ~ ~ i ::1:' , ' , ' I' " , -I:,. '! " ." . I .. . .' 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 Karl M. Schweitzer and Barbara J. SChweitzer, his wife,: for Sanitary Sewer Transmission Lines and Appurtenances No. 94-7325 civil Action, 1994 civil Division - Law Eminent Domain proceedings In Rem POWER or ATTORNEY AUTHORIZING SATISFACTION OF EMINENT DOMAIN PROCEEDINGS Having received from Lower Allen Township Authority the sum of Eighty-One Dollars ($81.00), under the terms and provisions of a certain Settlement Agreement dated september~, 1995, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference, we do hereby authorize, empower, and direct , the Prothonotary of the Court of Common Pleas of Cumberland county, Pennsylvania, to enter satisfaction of the same on the records. WITNESS our hands and seals this rJ..f.f/'day of '~f.b.M/kv, 1995. (SEAL) ~~a..ML~'~A)(SEAL) Barbara J. S hwe tzer " IN THB COUR~ OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA In Rei Condemnation by Lower = Allen Township Authority of = Land in Lower Allen Township, CUmberland County, Pennsylvania OWned by Karl M. Schweitzer and : Barbara J. Schweitzer, his wife,: for Sanitary Sewer Transmission : Lines and AppurtenancBs No. 94-7325 civil Aotion, 1994 civil Division - Law Eminent Domain Proceedings In Rem 8ETTLBNBNT AGRBBMBNT AND NOW, this ~.2.f'fLday of September, 1995, it is hereby stipulated and agreed 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-25, authorizing the seleotion, appropriation, and condemnation of an easement and right-of-way for sanitary sewl:Ige lines with manholes, appurtenances, and attaohed facilities, in, over, under, and aoross land of Karl M. Schweitzer and Barbara J. Schweitzer, his wife, are hereby settled and satisfied in the amount of Eighty-One Dollars ($81.00), 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, ~ ~., including but not limited to full settlement of the following speoial damages, if applicable, under Article VI of the said Eminent Domain Code. Exhibit "A" Moving and related expenses for disp18Cled persons, Seotion 601A, 23 P.S. seotion 601A. ReplaClement housing for homeowners up to $22,500, seotion 602A, 26 P.S. 5l-602A. Rep1aoement housing for tenants and others up to $5,250, section 603A, 23 P.S. Sl-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 for a unified purpose, seotion 605, 26 P.S. Section 1-605. Rights of certain displaced persons, section 606A, 26 P.S. Section l-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 property, section 6l0A, 26 P.S. 51- 6l0A. 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. Seotion 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- DamsliJe. to property abuttinliJ the area of an improvement resultinliJ from ohange of grade of road or highway, permanent interferenoe wJ.th acoess thereto, or injury to surface support, Section 612, 26 P.S. Seotion 1-612. Damages for vacation of road, Section 613, 26 P.S. Section 1-613. All such expenses inourred in securing an adjudioation when a oondemnor 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 Condemnees shall produce releases for or satisfy of record liens for all taxes and munioipal claims assessed against, and all mortgages, judgments and other liens of record against the subject property as of the date 01' oondemnation. b. That upon delivery of the Condemnor's check 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. c. 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- IN RE: Condemnation by Lower Allen Township Authority Cumberland County, Pennsylvania of Land in Upper Allen Township Cumberland County, Pennsylvania : Owned by Karl M. Schweitzer and Barbara J. Schweitzer, his wife,: for Sanitary Sewer Transmission Lines and Appurtenances IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 9y. 7i,})' CIVIL 1994 . . CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM DBCLARATION OF TAKING The Lower Allen Township Authority does hereby respeotfully 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 3068(1), and to the Eminent Domain Code of June 22, 1964, P.L. 84, 26 P.S. Section 1-101., n ~., 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 whioh 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 Cumberrand 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. RBSOLUTION 94-A-26 OF LOWER ALLEN TOWNSHIP AUTHORITY, AUTHORIZING THE SELECTION, APPROPRIATION, AND CONDEMNATION OF AN EASEMENT AND RIGHT-Or-WAY FOR SANITARY SEWAGE LINES WITH MANHOLES, APPURTENANCES, AND ATTACHED FACILITIES IN, OVER, UNDER, AND ACROSS LAND OF KARL M. SCHWEITZER AND BARBARA J. SCHWEITZER, HIS WIFE, THEIR HEIRS AND ASSIGNS, IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR 'rHE ACQUISITION THEREOF. WHEREAS, Lower Allen Townuhip Authority, a municipality authority organized and existing under the Pennsylvania Munioipa1ity Authorit.ies 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 alJ "DER") appr-.lVed the Pennsylvania Sewage Facilities Act 537, Offioial Sewage Plan (hereinafter referred to as "Plan") for Lower Allen Townshipl IInd WHEREAS, said Plan, Inter A.li.!l., provides for the collection and conveyance of wastewater from the Lisburn Area to the existing collection, conveyanco, 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 attachod facilities in the Lisburn Area; and WHEREAS, in accordance with the provisions of Section 11 of the Municipality Authoritioo Act of 1945, May 2, P.L. 382, Section 314, the Authoritr is authorized to acquire a perpetual easement and right-of-way n land through eminent domain proceedings. NOW, THEREFORE, DE IT RESOLVED, by the Board of this Authority as follows: 1. Lower Allen Township Authority, in accordance with author i ty 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 purpo~es herein set forth: EXHIBIT "1\" 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 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 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. 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 clear ing, trenching, install ing, constructing, laying, us ing , 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- BOND WITHOUT SURZTY 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.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 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. HID.) of the aforesaid Schweitzer property; thence in an easterly direction along the northerly property line N 88. 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 property line N 14. 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 a'1.clr\ 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 EXHIBIT "e"