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 SOUTH FAYETTE, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, FOR THE CONSTRUCTION OF THE SOUTHERN BELTWAY, U.S. ROUTE 22 TO 1-79 PROJECT (ALL OF TAX PARCEL NO. 0573-F-00012) CONDEMNEES: DIGGIN', INC., a Pennsylvania corporation and CHRISTOPHER M. CLARK, as their interests 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 June 27, 2018, in the Court of Common Pleas of Allegheny County, Pennsylvania at No. GD 18-8273. 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 May 1, 2018 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 necessary for the construction of the Southern Beltway, U.S. Route 22 to 1-79 Project and its requirements. 6. The property is in South Fayette Township, Allegheny County, Pennsylvania and consists of 0.647 acre in fee, for required right-of-way for limited access, 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 description of the 0.647-acre parcel taken in South Fayette Township, Allegheny County, Pennsylvania is described as follows: ALL THAT CERTAIN lot or piece of ground situate in the Township of South Fayette, County of Allegheny and Commonwealth of Pennsylvania, being identified as the 50' right-of-way on the Clark-Diggin', Inc. Plan of Lots, as recorded in the Office of the Recorder of Deeds in and for Allegheny County, Pennsylvania, in Plan Book Volume 167, Pages 173 and 174, as follows to wit: BEGINNING at a point on the northerly line of County Line Road, also known as Township Road Number 714, at a point distant, South 49° 35' 53" East, a distance of 150 feet from the dividing line between Lot known as Parcel "B" in the aforesaid Clark-Diggin', Inc. Plan of Lots recorded in Plan Book 167, Pages 173 and 174, and Lot Number 1 in the Sowinski Plan of Lots Number 2, as recorded in Plan Book Volume 146, Pages 77 and 78; thence from said point of beginning and along the northerly line of County Line Road, North 49° 35' 53" West, a distance of 50.93 feet to a point on the easterly line of Parcel "B" aforesaid; thence along the easterly side of Parcel "B", North 29° 25' 40" East, a distance of 517.97 feet to a point; thence 49° 35' 52" East, a distance of 61.12 feet to a point; thence South 29° 25' 40" West, a distance of 228.40 feet to a point; thence North 60° 34' 20" West, a distance of 10 feet to a point; thence South 29° 25' 40" West, a distance of 287.63 feet to the northerly line of County Line Road, being the point and place of BEGINNING. BEING Tax Parcel No. 0573-F-00012. 7. The nature of the title hereby condemned is (i) fee simple in the surface for 0.647 acre as required right-of-way for limited access; (ii) only so much of any coal beneath the surface or any separate estate in such coal as is necessary for the lateral and subjacent support of the surface and any improvements now or hereafter erected thereon; and (iii) the right to access coal, oil, or gas from the surface of the land hereby condemned. However, excepting and reserving unto Condemnees all of the oil and gas to which Condemnees holds title, provided access to any such oil and gas must be obtained from beyond the land hereby condemned. 8. A plan showing the condemned property may be inspected at the offices of Goldberg, Kamin & Gavin, LLP, 1806 Frick Building, 437 Grant Street, 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. Counsel for Condemnor, Pennsylvania Turnpike Commission: Samuel P. Kamin, Esq., Goldberg Kamin & Garvin, 1806 Frick Bldg., 437 Grant St., Pgh. PA 15219, P-412-281-1119, F-412-281-1121
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