IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF HAMPTON, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 40 AND 48 (PART OF PARCEL NO. 1212-D-200) NO. GD-16-001352 IN REM EMINENT DOMAIN CONDEMNEES: MEADOWRIDGE HOMEOWNER'S ASSOCIATION (PLAN 4), 5057 Fountain Wood Drive, Gibsonia, PA 15044-8486, AND LAMAR ADVERTISING COMPANY, 740 Trumbull Drive, Pittsburgh, PA 15205, AS ITS INTEREST MAY APPEAR 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 February 1, 2016 in the Court of Common Pleas of Allegheny County, Pennsylvania at No. GD-16-001352. 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 January 5, 2016 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 for the total replacement of M.P. 40 to 48 on the Pennsylvania Turnpike, and its requirements. 6. The property is situate in the Hampton Township, Allegheny County, Pennsylvania and consists of 1.492 acres in fee, for required right-of-way for limited access and 0.004 acre as required for 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 Allegheny County Department of Court Records and with the Allegheny County Department of Real Estate in accordance with Section 304 of the Eminent Domain Code of 2006. The legal descriptions of the 1.492 acres and the 0.004 acre taken in Hampton Township, Allegheny County, Pennsylvania are as follows: ALL THAT CERTAIN piece, parcel or tract of land situated in Township of Hampton, Allegheny County, Commonwealth of Pennsylvania, bound and described according to Pennsylvania Turnpike Commission Plan No. R/W 14065-B, WBS No. T-040.00T001-4-60, dated May 8, 2015, as follows: REQUIRED RIGHT-OF-WAY FOR LIMITED ACCESS @ MP 39.80 WB: BEGINNING at a point on the northerly legal right-of-way line for limited access of the Pennsylvania Turnpike Commission at its intersection with the easterly property line of lands now or formerly of Meadowridge Homeowners Association (Plan 4), said point being located 105 feet, more or less, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 587+15+; Thence along the northerly legal right-of-way line for limited access of the Pennsylvania Turnpike Commission, the following four (4) courses and distances: (1) North 47°58'54" West, a distance of 138.44 feet to a point being located 105 feet, more or less, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 585+77+ thence; (2) North 53°41'32" West, a distance of 50.25 feet to a point being located 100 feet, more or less, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 585+27+ thence; (3) North 47°58'54" West, a distance of 1,000.00 feet to a point being located 100 feet, more or less, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 575+27+ thence; (4) North 42°01'06" East, a distance of 64.95 feet to a point being located 165.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 575+27+; Thence through lands now or formerly of Meadowridge Homeowners Association (Plan 4), the following five (5) courses and distances: (1) South 47°59'25" East, a distance of 348.28 feet to a point being located 165.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 578+75.00 thence; (2) South 36°40'18" East, a distance of 127.48 feet to a point being located 140.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 580+00.00 thence; (3) South 47°58'54" East, a distance of 450.00 feet to a point being located 140.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 584+50.00 thence; (4) South 73°37'21" East, a distance of 138.65 feet to a point being located 200.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 585+75.00 thence; (5) South 47°58'54" East, a distance of 53.24 feet to a point being located 200.00 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 586+28+; Thence along the easterly property line of lands now or formerly of Meadowridge Homeowners Association (Plan 4), South 00°26'22" East, a distance of 128.77 feet to a point, said point being the point and place of BEGINNING. CONTAINING 1.492 Acres. REQUIRED DRAINAGE EASEMENT @ MP 39.90 WB: BEGINNING at a point on the northerly required right-of-way line for limited access of the Pennsylvania Turnpike Commission at its intersection with the easterly property line of lands now or formerly of Meadowridge Homeowners Association (Plan 4), said point being located 200 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 586+28+; Thence along the northerly required right-of-way line for limited access, North 47°58'54" West, a distance of 18.24 feet to a point being located 200 feet, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 586+10; Thence through lands now or formerly of Meadowridge Homeowners Association (Plan 4), North 42°01'06" East, a distance of 19.94 feet to a point being located 220 feet, more or less, left of and opposite Pennsylvania Turnpike Survey and Right-of-Way Baseline Station 586+10; Thence along the easterly property line of lands now or formerly of Meadowridge Homeowners Association (Plan 4), South 00°26'22" East, a distance of 27.02 feet to a point, said point being the point and place of BEGINNING. CONTAINING 0.004 Acre. DRAINAGE EASEMENT. AN AREA WHICH SHALL ALLOW THE COMMISSION TO ENTER THE PROPERTY AS NECESSARY, TO CONSTRUCT OR ALTER THE COURSE OF THE DRAINAGE AND TO MAKE SUCH FUTURE, REASONABLE ENTRIES AS NECESSARY TO MAINTAIN OR RECONSTRUCT THE DRAINAGE FACILITY FOR THE PROTECTION OF THE HIGHWAY. IT SHALL NOT PREVENT THE PROPERTY OWNER FROM MAKING ANY USE OF THE AREA WHICH IS NOT DETRIMENTAL TO THE NECESSARY FLOW OF WATER. HOWEVER, NO STRUCTURE OF ANY KIND MAY BE ERECTED IN THE DESIGNATED AREA, NOR MAY ANY PIPE OR DITCH BE CONNECTED TO THE COMMISSION'S PIPE OR DITCH WITHOUT ADVANCE WRITTEN APPROVAL BY THE COMMISSION. BEING portions of Tax Parcel No. 1212-D-200. 7. The nature of the title hereby acquired is (i) fee simple in the surface; (ii) drainage easement in the surface; (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 offices of Clark Hill, PLC located at One Oxford Centre, 301 Grant Street, 14th Floor, Pittsburgh, Pennsylvania 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. Danny P. Cerrone, Jr., Esquire, Pa. I.D No. 201091 Monica S. Walaan, Esquire, Pa. I.D. No. 318624 Clark Hill PLC, One Oxford Centre, 301 Grant Street, 14th Floor, Pittsburgh, PA 15219, (412) 394-7711, (412) 394-2555 (facsimile), Attorneys for Pennsylvania Turnpike Commission
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