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-73) No. GD-14-016122 IN REM EMINENT DOMAIN CONDEMNEES: MANOJ S. LEKHWANI and TANUJA LEKHWANI, husband and wife, and OLDE SAXONY TRAILS HOMEOWNERS ASSOCIATION, INC., as its interests may appear IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF 0.253 ACRE IN FEE AS REQUIRED FOR RIGHT-OF-WAY FOR LIMITED ACCESS AND 0.123 REQUIRED TEMPORARY CONSTRUCTION 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-73) TO: OLDE SAXONY TRAILS HOMEOWNERS ASSOCIATION, INC., as its interests may appear ALL THAT CERTAIN tract or parcel 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-D, WBS No. T-040.00T001-4-85, dated April 3, 2014, and as follows to wit: REQUIRED RIGHT-OF-WAY FOR LIMITED ACCESS: BEGINNING at a point on the southern legal right-of-way line for limited access at its intersection with the eastern property line of lands now or formerly of Manoj S. Lekhwani, and Tanuja Lekhwani, said point being located 105 feet right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 757+63+;Thence along the eastern property line of lands now or formerly of Manoj S. Lekhwani, and Tanuja Lekhwani, South 23°39'38" West, a distance of 84.67 feet to a point being located 190 feet, more or less, right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 757+61+;Thence through lands now or formerly of Manoj S. Lekhwani, and Tanuja Lekhwani, North 71°03'37" West, a distance of 89.34 feet to a point being located 195.00 feet right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+70.00; Thence by the same, South 67°15'14" West, a distance of 36.77 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 along the western property line of lands now or formerly of Manoj S. Lekhwani, and Tanuja Lekhwani, North 01°21'44" East, a distance of 42.50 feet to a point being located 181 feet, more or less, right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+28+; Thence through the legal right-of-way for SR 1013, North 46°02'09" East, a distance of 88.82 feet to a point being located 100 feet, right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+65+; Thence along the southern legal right-of-way line for limited access, South 68°15'16" East, a distance of 12.21 feet to a point being located 100 feet right of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 756+78; Thence by the same, South 64°10'07" East, a distance of 84.56 feet to a point, said point being the point and place of BEGINNING. CONTAINING 0.253 Acres (Includes 0.235 Acres Existing Drainage Easement) TOGETHER with a 0.123 temporary construction easement in the surface effective three (3) years from the date construction commences. BEING portions of the same premises which Palm Properties, LP by its deed dated May 24, 2005 and recorded May 25, 2005, in the Department of Real Estate in and for Allegheny County, Pennsylvania in Deed Book 12455 Page 218, granted and conveyed unto Manoj S. Lekhwani, and Tanuja Lekhwani, 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 15, 2014 in the Court of Common Pleas of Allegheny County, Pennsylvania at Docket No. GD-14-016122. 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 6 of Act of May 21, 1937, P.L. 774, No. 211, 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 2, 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 0.253 acre in fee as required right-of-way for limited access and 0.123 acre required for a temporary construction 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 0.253 acre as required right-of-way for limited access, (ii) temporary construction easement in the surface effective three (3) years from the date construction commences for 0.123 acre required for a temporary construction easement, (iii) 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, (iv) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (v) 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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