HomeMy WebLinkAboutOC1968-0719 - ESTATE OF CHEESEMANIN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
EMILY F.CHEESEMAN,a/k/a
EMILY MARGARET FIFE CHEESEMAN,
Deceased.
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PETITION FOR PERMISSION TO COMPROMISE CLAIM
TO THE HONORABLE,P.V.MARINO,PRES!DENT JUDGE OF SAID COURT:
The petition of J.TAYLOR CHEESEMAN respectfully represents:
1.That Emily F.Cheeseman died August 10th,1964.
2.That Letters Testamentary on her estate were issued to your peti-
tioner,J.TAYLOR CHEESEMAN,on August 14th,1964,as appears of record in the
Register's Office for Washington County,Pennsylvania,in Will Book 98,page 380.
3.That the estate of said decedent was audited at No.52 of 1966 A. A.
4.That the legatees are J.TAYLOR CHEESEMAN,husband,and NANCY LOUISE
CHEESEMAN,daughter.,Nancy Louise Cheeseman is a minor,and the Pittsburgh National
Bank was~pointed Testamentary Guardian.
5.A formal renunciation by Pittsburgh National Bank,as Guardian,was
filed of record with the Court.
6.That Manufacturers Light and Heat Company has placed a Wit gas pipe-
line,known as No.40,across the North Strabane Township property of the deceased
for a distance of 1,415 feet.
7.That,after extended negotiations with the Land,Leasing and Right of
Way Department of the Manufacturers Light and Heat Company,your petitioner has agreed
with the gas company,subject to the approval of your Honorable Court,to compromise
the claim covering payment for the right of way for the construction of a 10"or a
smaller pi·.p,:eline for the sum of $1,650.00.
8.A copy of the proposed Agreement,as prepared by the gas company,is
attached hereto and marked EXHIBIT "A".
9.Your petitioner is the Natural Guardian of Nancy Louise Cheeseman,
being her father.
WHEREFORE,your petitioner respectfully prays your Honorable Court for
permission,as Executor of the Estate of Emily F.Cheeseman,Deceased,to compromise
the claim and execute,as Executor of the estate,the Right of Way Agreement,a copy
of which is attached hereto,marked EXHIBIT "A".
And he will ever pray,etc.
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON (
SS:
Before me,the undersigned authority,personally appeared J.TAYLOR
CHEESEMAN,who,being duly sworn according to law,deposes and says that the
facts set forth in the foregoing Petition are true and correct.
Sworn to and subscribed
before me this /("4,
day of May,1968.
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AGREEMENT
MADE .AND ENTERED into this
!between
day of , 1968,by and
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III hereinafter collectively referred to as IILandownerII ,
!III A
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1 mB lvwmFACTURERS LIGHT AJ."'ID H~COMPANY,a Pennsylvania corporation,having
Ian office and place ~of business at 800 Union Trust Building,Pittsburgh,
Pennsylvania,15219,hereinai'ter referred to as IlCompanyll.
WI~SETH:That for and in consideration of the sum of SIXTEEN
HUNDRED .AND FIFTY and ~0/100 ])OLLARS ($1,650.00),.in hand paid by the Company
intent to be legally bound hereby,the parties hereto agree as follows:
1.The Landowner does hereby grant and convey unto the Company,
subject to the terms and conditions hereinafter set forth,an easement and righ
of way to construct a ten (10)inch or smaller pipeline and appurtenant.equip-
ment for the transportation of gas,oil,petroleum products or any other
material or substances which may be transported singly or in combination
through a pipeline,and to operate,maintain,replace and finally remove said
Ipipeline,on,over and through all that certain tract or parcel of land situate
in North Strabane Township,Washington County and Commonwealth of Pennsylvania,
bounded and described as follows:
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On the North by lands now or formerly of John Lehner,Jr.
On the East by lands now or formerly of William Hess.
On the South by lands now or formerly of Liverton TI10mas.
On the West by lands now or formerly of Ralph Peacock.
.,
For a total distance of one thousand four hundred fifteen (1,415)
feet,more or less,the approximate location of said pipeline being shown
colored red on drawing attached hereto,marked Exhibit "A",and made a part
hereof.
2.The Landowner hereby grants and conveys unto the Company the
right of ingress and egress over land of the Landowner for the purposes of
constructing,maintaining,operating,replacing and removing said pipeline.
3.The Company shall compensate the Landowner for any damage to
crops,trees and fences thereon which may arise through or by reason of the
operation,maintenance,replacement and final removal of said pipeline.If the
parties hereto are unable to agree upon the.amount of damages,then the same
shall be determined by arbitrators,one to be chosen by each of the parties
hereto,the two so chOsen to choose a third,and.the award of any two of said
arbitrators shall be final and conclusive on the parties hereto.
4~It being understood that payment of consideration as herein
provided shall constitute settlement and.satisfaction in full for eas~~ent and
right of way together with all damages caused by reason of the construction of
said pipeline,and same shall further terminate ~nd cancel any and.all interest
of the parties hereto which may have been created pursuant to proceeding of
Eminent Domain and the subsequent service and acceptance of the Condemnation
Bond.thereunder.
The rights,privileges and terms hereby shall extend to and be
binding upon the Landowner and the Company and their respective representatives
heirs,successors and assigns.
"THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE
.TITLE TO THE COAL .AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAN])DESCRIBED OR
II REFERRED TO HEREIN,.AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE
LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,DJI1.1AGE j\1AY
RESULT TO THE SURFACE OF THE LJI.ND .AND.ANY HOUSE,BUILDING OR OTHER STRUCTURE
ON OR IN SUCH LAND.THE mCLUSION OF THIS NOTICE DOES NOT ENLARGE,RESTRICT,
OR IvlODIFY PJ:fY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRPNSFERRED,EXCEPrED
OR RESERVED BY THIS mSTRUMENT."{This notice is set forth in the manner .
provided in Section 1 of the Act of July 17,1957,P.L.984,as amended.)
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WITNESS,the following signatures and seals the day and yeax first
above w:ritten.
.ATTEST:
Assistant Secretary
THE MANUFACTURERS LIGHT AND HEAT COMPANY
By ~~_=--__.,._:___:__----
Vice President
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COM-lONWEALTH OF PENNSYLV.ANIA.j
SS:
COUNTY OF A1LffiHENY
On this day .of --',1968,before me,
_______-',the undersigned officer,personall appeared _
,who acknowledged himself to be the Vice President of lliE--------'
MANUFACTURERS LIGHT AND HEAT COMPANY,a corporation,and that he as such Vice
President being authorized to do so,executed the foregoing instrument for the
purposes therein contained by signing the name of the carporation by himself as
Vice President.
IN WITNESS WHEREOF,I hereunto'set my hand and official seal.
Notary Public
My Commission Expires:
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/Valloy i.ovise CheesemJ",dQ<J~ht'"
hy will of Emily f"de.Checsc"'~f/
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All pipe lint.heQ,i"1s q,.c /966 N~J'
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FORM CE-34CSO COLUMBIA GAS SYSTEM -PITTSBURGH GROUP COMPANIES
800 UNION TnUST BUILDING -PITTSOURGi.PA.15219
TAX DISTRICTIS)
3M7-1.-$'-351.]
PROJECT
DEPARTMENT
C/vi/E,1J;lIe.:ri"J
COMPANY -J '(YORK ORDERISIT~e I1QI)IJ !qcfvrUS LJjM f H~qf ('(,mpM)'._-_._-
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DRAWING NO.
Y-Z8-/44
EXHD3IT A
.IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF )
EMILY F.CHEESEMAN,a/k/a (
EMILY MARGARET FIFE CHEESEMAN,' )
Deceased.(
DEC R E E
•
Petition,
AND NOW,--~~~~~--~r---'1968,upon consideration of the foregoing
for the Petitioner,IT IS ORDERED
AND DECREED that the proposed compromise sum of $1,650.00 to cover payment for the
right of way and construction of a ten (10)inch or smaller pipeline is hereby ap-
proved,and J.TAYLOR CHEESEMAN,Executor of the ESTATE OF EMILY F.CHEESEMAN,a/k/a
EMILY MARGARET FIFE CHEESEMAN,Deceased,is authorized and directed to execute the
Agreement granting and conveying to the Manufacturers Light and Heat Company an ease-
ment and right of way to construct a ten (10)inch or smaller pipeline and appurte-
nant equipment for the transportation of gas,oil,petroleum products or any other
material or substances which may be transported singly or in combination through a
pipeline,and to operate,maintain replace and finally remove said pipeline,on,over
and through all that certain tract or parcel of land situate in North Strabane Town-
ship,Washington County and Commonwealth of Pennsylvania,bounded and described as
follows:
On the North by lands now or formerly of John Lehner,Jr.
On the East by lands now or formerly of William Hess.
On the South by lands now or formerly of Liverton Thomas.
On the West by lands now or formerly of Ralph Peacock.
For a total distance of one thousand four hundred fiftee~(1,415)feet,more or less,
all as set forth in the copy of the Agreement attached to the foregoing Petition and
designated as EXHIBIT uA".
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IN THE ORPHANS I COURT OF
WASHINGTON COUNTY,PENNSYLVANIA
·7)/~llbY·
ESTATE OF
EMILY F.CHEESEMAN,a/k/a
EMILY MARGARET FIFE CHEESEMM
Deceased.
PETITION FOR PERMISSION
TO COMPROMISE CLAIM
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JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYLVANIA
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