IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF INDIANA, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 40 AND 48, A PARTIAL TAKE (PART OF PARCEL ID NO. 954-E-75) No. GD-14-16371 IN REM EMINENT DOMAIN CONDEMNEES: ROBERT A. BLUMETTE and DENISE M. BLUMETTE, husband and wife, and OLDE SAXONY TRAILS HOMEOWNERS ASSOCIATION, INC., as its interests may appear IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF 0.011 ACRE IN FEE AS REQUIRED FOR RIGHT-OF-WAY FOR LIMITED ACCESS, 0.040 ACRE IN FEE AS REQUIRED FOR STATE ROUTE 1013 (SAXONBURG BOULEVARD), 0.075 REQUIRED TEMPORARY CONSTRUCTION EASEMENT AND 0.014 ACRE AS REQUIRED FOR DRAINAGE EASEMENT LOCATED IN THE TOWNSHIP OF INDIANA, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 40 AND 48. (PART OF PARCEL ID NO. 954-E-75) TO: OLDE SAXONY TRAILS HOMEOWNERS ASSOCIATION, INC., as its interests may appear ALL THOSE CERTAIN tracts or parcels of land situated in Township of Indiana, Allegheny County, Commonwealth of Pennsylvania, being bound and described according to Pennsylvania Turnpike Commission Plan No. R/W 14206-C, WBS No. T-040.00T001-4-84, dated April 3, 2014, and as follows to wit: REQUIRED RIGHT-OF-WAY FOR LIMITED ACCESS: BEGINNING at a point on the legal right-of-way line for SR 1013 at its intersection with the eastern property line of lands now or formerly of Robert A. Blumette and Denise M. Blumette, said point being located 181 feet right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+28+; Thence along the eastern property line of lands now or formerly of Robert A. Blumette and Denise M. Blumette, South 01°21'44" West, a distance of 42.50 feet to a point being located 221 feet, more or less, right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+44+; Thence through lands now or formerly of Robert A. Blumette and Denise M. Blumette, South 67°15'14" West, a distance of 1.52 feet to a point being located 222 feet right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+42; Thence by the same, North 38°06'20" West, a distance of 32.21 feet to a point being located 192 feet, more or less, right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+20+; Thence along the legal right-of-way for SR 1013 North 51°30'41" East, a distance of 28.48 feet to a point, said point being the point and place of BEGINNING. CONTAINING 0.011 Acres (Includes 0.011 Acres Existing Drainage Easement) REQUIRED RIGHT-OF-WAY FOR SR 1013: BEGINNING at a point on the legal right-of-way line for SR 1013 at its intersection with the western property line of lands now or formerly of Robert A. Blumette and Denise M. Blumette, said point being located 30 feet, more or less right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+50; Thence along the legal right-of-way line for SR 1013 North 28°11'42" East, a distance of 2.21 feet to a point being located 29 feet, more or less, right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+52; Thence by the same, on a curve to the right, said curve having a radius of 879.97 feet, an arc length of 85.96 feet, a chord bearing of North 48°56'05" East, a chord length of 85.93 feet to a point being located 28 feet, more or less, right of and opposite SR 1013 Survey & Right-of-Way Baseline Station 16+40; Thence along the required right-of-way line for limited access, South 38°06'20" East, a distance of 32.31 feet to a point being located 60 feet, more or less, right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 16+40; Thence through lands now or formerly of Robert A. Blumette and Denise M. Blumette, South 63°58'37" West, a distance of 64.13 feet to a point being located 45 feet right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+75; Thence by the same, South 80°04'37" West, a distance of 28.50 feet to a point, said point being the point and place of BEGINNING. CONTAINING 0.041 Acres (Includes 0.040 Acres Existing Drainage Easement) REQUIRED DRAINAGE EASEMENT: BEGINNING at a point on the legal right-of-way line for T-708, said point being located 34 feet, more or less right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+40; Thence along the legal right-of-way line for T-708 North 26°54'25" East, a distance of 10.43 feet to a point being located 30 feet, more or less, right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+50; Thence along the required right-of-way line for SR 1013, North 80°04'37" East, a distance of 11.48 feet to a point being located 36 feet, right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+60; Thence through lands now or formerly of Robert A. Blumette and Denise M. Blumette, the following three courses and distances: (1) South 41°38'53" West, a distance of 28.87 feet to a point being located 65 feet right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+60; (2) South 47°54'33" West, a distance of 19.00 feet to a point being located 65 feet right of and opposite SR 1013 Survey and Right-of-Way Baseline Station 15+40; (3) North 42°32'01" West, a distance of 31.24 feet to a point, said point being the point and place of BEGINNING. CONTAINING 0.014 Acres (Includes 0.011 Acres Existing Drainage Easement) TOGETHER with a 0.075 temporary construction easement in the surface effective three (3) years from the date construction commences as shown on the plan of the condemned property. ALL OF THE ABOVE DESCRIBED PARCELS BEING portions of the same premises which Daniel M. McGreevy and Janice L. McGreevy, husband and wife, by their deed dated June 17, 1992 and recorded June 19, 1992, in the Department of Real Estate in and for Allegheny County, Pennsylvania in Deed Book 8744 Page 573 granted and conveyed unto Robert A. Blumette and Denise M. Blumette, husband and wife, grantors herein. NOTICE TO CONDEMNEES IN ACCORDANCE WITH SECTION 305 OF THE EMINENT DOMAIN CODE, CODIFIED AT 26 Pa.C.S. §305, THE PENNSYLVANIA TURNPIKE COMMISSION HEREBY GIVES NOTICE THAT: 1. The Pennsylvania Turnpike Commission filed a Declaration of Taking on September 19, 2014 in the Court of Common Pleas of Allegheny County, Pennsylvania at Docket No. GD-14-16371. This was filed pursuant to the requirements of the Commonwealth of Pennsylvania Eminent Domain Code as amended by 2006, May 4, P.L. 112, No. 34, §1, effective in 120 days [Sept. 1, 2006]. 2. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania. Its principal office is located at Exit 247 of the Pennsylvania Turnpike System in Lower Swatara Township, Dauphin County, Pennsylvania. Its post office address is P. O. Box 67676, Harrisburg, Pennsylvania, 17106-7676. 3. The Pennsylvania Turnpike Commission is authorized and empowered by Section 3 of the Act of July 18, 2007, P.L. 169, No. 44, as amended, to acquire by condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. 4. This Declaration of Taking was authorized by a Resolution adopted September 16, 2014 by said Condemnor. The record of the proceedings regarding this adoption may be examined at the Pennsylvania Turnpike's Central Office, located at Exit 247 of the Pennsylvania Turnpike. 5. The purpose of the condemnation is to acquire property interests to reconstruct between Mileposts 40 to 48 of the Pennsylvania Turnpike, and its requirements. 6. The property is situate in the Township of Indiana, Allegheny County, and consists of 0.011 acre in fee as required right-of-way for limited access, 0.041 acre in fee as required right-of-way for State Route 1013 (Saxonburg Boulevard), 0.075 required temporary construction easement and 0.014 acre as required drainage easement; a partial take. A plan of the property condemned sufficient for its identification has been filed with the Declaration, which was filed with the Prothonotary of Allegheny County and with the Department of Real Estate of Allegheny County in accordance with Section 304 of the Eminent Domain Code of 2006. 7. The nature of the title hereby acquired is (i) fee simple in the surface for 0.011 acre as required right-of-way for limited access and 0.040 acre required right-of-way for State Route 1013 (Saxonburg Boulevard), (ii) temporary construction easement in the surface effective three (3) years from the date construction commences for 0.075 acre required of temporary construction easement, (iii) easement in the surface for 0.014 acre of required drainage; (iv) only so much of any minerals, oil, or gas beneath the surface of any separate estate in any of those minerals, oil, or gas as is necessary for the lateral and subjacent support of the surface and any improvements now or hereafter erected thereon, (v) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (vi) any and all rights of way into, upon, or over the surface of said land, including the right to drill for, dig, mine, drain, ventilate, transport, or carry away said minerals, oil or gas now owned or hereafter acquired by the Condemnees; together with the right to use any of the surface for storing materials, disposing of refuse or overburden, or to erect any buildings, structures, or fixtures necessary, convenient, or incident to the producing, mining or removing of minerals, oil, or gas from beneath the surface of the land hereby condemned or from any other lands of the Condemnees. 8. A plan showing the condemned property may be inspected at the law office of Babst Calland, Two Gateway Center, Pittsburgh, PA 15222 during regular business hours. 9. The Condemnor filed with the Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just compensation is made or secured by the filing of said Bond. 10. If you wish to challenge the power or right of the Condemnor, the Pennsylvania Turnpike Commission, to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file preliminary objections with the Court of Common Pleas of Allegheny County, Pennsylvania, within thirty (30) days after publication of this Notice. PENNSYLVANIA TURNPIKE COMMISSION Justin D. Ackerman, Esquire Babst Calland, Two Gateway Center, 6th Floor, Pittsburgh, PA 15222, (412) 394-5400; (412) 394-6576 (facsimile) jackerman@babstcalland.com
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