EXHIBIT B TOWNSHIP OF LOWER MERION Department of Public Works MEMORANDUM TO: Douglas S. Cleland, Township Manager FROM: Donald K. Cannon, Director of Public Works SUBJECT: 1200 Farview Road Sanitary Sewer Extension DATE: February 22, 2011 The Township owns a 30-foot wide sanitary sewer easement extending through the properties at 1200, 1206, and 1212 Farview Road, Villanova. There was a sewer main within a portion of this easement which did not extend far enough to service the three lots. The property owners of 1200 Farview Road (William and Julie McDermott) paid the entire cost of the main extension and shall be reimbursed a proportionate share by the owners of 1206 and 1212 Farview should houses be built on those lots and lateral connections be made to the sewer in the future. For further review, I have attached the following: Resolution authorizing execution of the sewer extension agreement and accepting deed of dedication for a sanitary sewer easement and sewer main across properties located at 1200, 1206 and 1212 Farview Road. Sanitary Sewer Extension Agreement Deed of Dedication Sanitary Sewer Easement Maintenance Escrow Agreement wherein the Township received $7,371.00 to serve as a maintenance guarantee for the work. Declaration of Completion from the Township Engineer certifying that the sewer main extension has been properly completed and meets all Township design and construction standards. With your concurrence, these items will be presented to the Public Works Committee on March 2, 2011.
EXHIBIT B RESOLUTION AUTHORIZING EXECUTION OF A SEWER EXTENSION AGREEMENT AND ACCEPTING DEED OF DEDICATION FOR A SANITARY SEWER EASEMENT AND SEWER MAIN ACROSS PROPERTIES LOCATED AT 1200, 1206 AND 1212 FARVIEW ROAD, VILLANOVA WHEREAS, WILLIAM R. MCDERMOTT and JULIE M. MCDERMOTT (hereinafter together McDermott ) desire to extend the sewer system of the Township of Lower Merion across property owned by them Farview Road, Villanova, as well as the properties at 1206 and 1212 Farview Road (the Sewer Extension ), and have contracted with POHLIG BUILDERS, LLC (hereinafter Pohlig ) to construct the Sewer Extension; and WHEREAS, the Sewer Extension is planned within an undedicated easement set forth on a Subdivision Plan entitled Bernadine Sisters of the Third Order of St. Francis, Villanova, PA prepared for A. Stanley Adams and Prime Properties Investment Corporation by Momenee & Associates dated April 14, 1992, last revised December 14, 1992, and recorded in the Office of the Recorder of Deeds, Norristown; and WHEREAS, McDermott is willing to construct the Sewer Extension at their expense, provided those able to connect to the extension hereafter reimburse them for their proportional cost thereof; and WHEREAS, the Township has received a document titled Sanitary Sewer Agreement For Off-Site Sanitary Sewer Improvements and Reimbursement (hereinafter Sewer Extension Agreement ) in a form approved by the Township Solicitor and executed by McDermott and Pohlig; and WHEREAS, the Township is authorized to enter into the Sewer Extension Agreement by the Pennsylvania Municipalities Planning Code, Section 507-A, act of December 21, 1988, P.L. 1329, No. 170, as amended, 53 P.S. 10101 et seq., provided reimbursement is made as provided by the Municipality Authorities Act, Section 5607(31), as amended, 53 Pa.C.S. 5601, et seq.; and 1
EXHIBIT B WHEREAS, McDermott, in reliance on the above premises, has completed construction of the Sewer Extension at a cost of $49,140.00; and WHEREAS, the Township Engineer has certified by letter dated January 26, 2011 that the Sewer Extension has been installed according to approved plans therefore and in compliance with Township specifications, that $49,140.00 is the reasonable cost thereof, and that as built plans for the Sewer Extension have been received; and WHEREAS, the professional fees for engineer and legal expenses incurred and billed by the Township in connection with the Sewer Extension, the preparation of the reimbursement agreement and the dedication of the sewer easement have been paid; and WHEREAS, the Township has received from Pohlig and placed in escrow the sum of Seven Thousand Three Hundred Seventy-one Dollars ($7371.00) to be held as security for the maintenance of the Sewer Extension for a period of 18 months following the date of the Township Engineers certification letter dated January 26, 2011 (i.e. until July 26, 2012); and WHEREAS, the Township has received a Deed of Dedication for the sewer easement and the sewer main constructed within it; and WHEREAS, the Board of Commissioners deems it to be in the public interest to accept the Deed of Dedication so that the easement and the utilities contained within it will be opened and dedicated for public use. NOW, THEREFORE, in consideration of the above, the Board of Commissioners of the Township of Lower Merion does hereby resolve as follows: 1. The proper officers of the Township are authorized to execute the Sewer Extension Agreement. 2
EXHIBIT B 2. The Deed of Dedication offered to the Township by McDermott for the sanitary sewer easement is accepted. 3. Upon the future owners of 1206 and 1212 Farview Road seeking connection to the Sewer Extension, the Township will include in the cost of each connection permit a special purpose charge of $16,380 which will be used to make reimbursement to McDermott of $15,561 with the Township retaining $819 for administrative expenses and services. 4. McDermott and/or Pohlig will reimburse the Township for all unpaid and/or unbilled engineering and legal expenses associated with the Sewer Extension project, including the cost of recording the Deed of Dedication. 5. The proper officers of the Township are authorized to reference this Resolution in the Deed of Dedication and to record same in the Office of Recording of Deeds, Norristown, Montgomery County, Pennsylvania. RESOLVED, this day of, 2011. BOARD OF COMMISSIONERS TOWNSHIP OF LOWER MERION ATTEST: By: Elizabeth S. Rogan, President Eileen R. Trainer, Secretary 3
EXHIBIT B Prepared by and return to: Gilbert P. High, Jr., Township Solicitor Township of Lower Merion 40 East Airy Street Norristown, PA 19404 Parcel Nos.: 40-00-17893-00-4 40-00-17893-10-3 40-00-17893-10-3 DEED OF DEDICATION SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS that WILLIAM R. MCDERMOTT and JULIE M. MCDERMOTT, being owners of certain lands and property situate in Lower Merion Township, Montgomery County, Pennsylvania, known as 1200 Farview Road, Villanova, and specifically described in Deed dated December 4, 2002 and recorded on December 24, 2002, in Deed Book 5439, Page 2161, Tax Parcel No. 40-00-17893-00-4 in the office of the Montgomery County Recorder of Deeds, Norristown, Pennsylvania, and SCOT A. FISHER and SHELLY FISHER, being owners of certain lands and property situate in Lower Merion Township, Montgomery County, Pennsylvania, known as 1206 Farview Road, Villanova, and specifically described in Deed dated June 24, 1996 and recorded on July 25, 1996, in Deed Book 5155, Page 1046, Tax Parcel No. 40-00-17893-10-3 in the office of the Montgomery County Recorder of Deeds, Norristown, Pennsylvania, and JYRKI MATTILA and KRISTIINA MATTILA, being owners of certain lands and property situate in Lower Merion Township, Montgomery County, Pennsylvania, known as 1212 Farview Road, Villanova, and specifically described in Deed dated June 11, 2008 and recorded on July 10, 2008, in Deed Book 5699, Page 1895, Tax Parcel No. C in the office of the Montgomery County Recorder of Deeds, Norristown, Pennsylvania, together herein the GRANTORS, for good and valuable consideration and intending to be legally bound hereby, do grant to the TOWNSHIP OF LOWER MERION ( Township ), a First Class Township situate at 75 E. Lancaster Avenue, Ardmore, PA 19003, its successors and assigns, a non-exclusive perpetual easement and right to enter upon, in, on, across and through and to use a section of the Grantors Property as delineated and shown on the Subdivision Plan entitled Bernadine Sisters of the Third Order of St. Francis, Villanova, PA prepared for A. Stanley Adams and Prime Properties Investment Corporation by Momenee & Associates dated April 14, 1992, last revised December 14, 1992, and recorded in the Office of the Recorder of Deeds, Norristown, in Plan Book A-53, Pages 483 and 484 ( Plan ), and further set forth on Exhibit A attached, ( Easement Area ), for the purpose of constructing, installing, inspecting, removing, repairing, operating, maintaining, replacing and using a sewer pipeline ( Sewer ). The Easement Area consists of a thirty foot wide strip of land more particularly described by metes and bounds as follows: 1
EXHIBIT B Township, its successors and assigns, shall restore the surface of the Easement Area disturbed in the exercise of the rights above granted as nearly as practicable to the same condition to that which existed prior to such disturbance. RESERVING, however, to GRANTORS, their tenants, invitees, licensees and guests, the right to use and enter upon that portion of the Easement Area of which they are seized at any time for all purposes not inconsistent with the grant of the easement rights hereunder. GRANTORS agree not to erect any building or structure nor to plant any trees within the Easement Area, and not to change the grade of the ground over the sanitary sewer line and appurtenances. 2
EXHIBIT B TO HAVE AND TO HOLD all and singular the rights, liberties, privileges, and Easement rights above described with the appurtenances, including the sanitary sewer facilities constructed with the Easement Area, unto said TOWNSHIP OF LOWER MERION, its successors and assigns forever. Township shall and does release, indemnify, defend, protect, and save harmless the Grantors from all costs, expenses, damages, claims and liabilities from whatsoever nature resulting from any and all loss of life or property, or injury or damage to any person or the property of any person, association of persons, or corporation including the parties hereto and their officers, agents and employees from and against any and all claims, demands, liability or actions for such loss, injury, or damage, in any manner arising out of, resulting from or connected in any manner with the Sewer or the use of the Sewer Easement Area by the Township. This Grant and all of the covenants herein contained shall inure to the benefit of and shall be binding upon GRANTORS, their successors and assigns, and the TOWNSHIP OF LOWER MERION, its successors and assigns. GRANTORS understand and acknowledge that the persons securing this Grant are without authority to make any agreement in regard to the subject matter hereof which is not expressed herein or in a supplemental agreement, and no such agreement will be binding on said TOWNSHIP OF LOWER MERION, its successors or assigns unless set forth in writing. IN WITNESS WHEREOF this instrument is signed and sealed this day of, 2011. WITNESS (SEAL) WILLIAM R. MCDERMOTT WITNESS (SEAL) JULIE M. MCDERMOTT WITNESS (SEAL) SCOT A. FISHER (SEAL) 3
EXHIBIT B WITNESS SHELLY FISHER WITNESS (SEAL) JYRKI MATTILA WITNESS (SEAL) KRISTIINA MATTILA Accepted by Resolution of the Board of Commissioners of the Township of Lower Merion the day of, 2011. EILEEN R. TRAINER, SECRETARY 4
EXHIBIT B COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF MONTGOMERY : On this the day of, A.D., 2011, before me the undersigned officer, personally appeared WILLIAM R. MCDERMOTT and JULIE M. MCDERMOTT, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public 5
EXHIBIT B COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF MONTGOMERY : On this the day of, A.D., 2011, before me the undersigned officer, personally appeared SCOT A. FISHER and SHELLY FISHER, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public 6
EXHIBIT B COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF MONTGOMERY : On this the day of, A.D., 2011, before me the undersigned officer, personally appeared JYRKI MATTILA and KRISTIINA MATTILA, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public 7
MAINTENANCE ESCROW AGREEMENT EXHIBIT B THIS AGREEMENT made this day of, 2011, effective as of January 26, 2011, between WILLIAM R. MCDERMOTT and JULIE M. MCDERMOTT (hereinafter referred to as the "Owner"), party of the first part, and POHLIG BUILDERS, INC, (hereinafter referred to as the Contractor, party of the second part, and the TOWNSHIP OF LOWER MERION, a Township of the first Class situate at 75 E. Lancaster Avenue, Ardmore, in the County of Montgomery and Commonwealth of Pennsylvania, (hereinafter called "Township"), party of the third part. WHEREAS, Owner, Contractor and Township entered into a Sanitary Sewer Extension Agreement (hereinafter Agreement ) dated July 30, 2010 and providing for the Owner to construct a sanitary sewer main extension to the Township sanitary sewer system (hereinafter Main Extension ); and WHEREAS, Contractor on behalf of Owner has completed construction of the Main Extension within an easement to be dedicated to the Township as certified by the Township Engineer on January 26, 2011 and has requested the Township accept dedication of the easement and take over the said Main Extension; and WHEREAS, the Township as a condition of taking over the said Main Extension has required that the Contractor, on behalf of the Owner, shall, for a period of eighteen (18) months from the date of the Township Engineer s certification, maintain and guarantee the stability of all material and work and, when notified in writing to do so by the Township Engineer, promptly 1
EXHIBIT B make good and replace all poor or inferior materials and work and remedy all defects in materials or workmanship, all shrinkage, settlement or other faults of any kind whatsoever arising therefrom, at Owner's expense, and to the satisfaction of the Township Engineer; and, in order to secure this guarantee, the Owner shall submit a bond, with surety satisfactory to the Township, or deposit funds or securities in escrow in an amount equal to fifteen (15%) percent of the actual cost of the installation of the public improvements; and WHEREAS, Owner has elected to deposit funds in escrow with the Township in the amount of Seven Thousand Three Hundred Seventy-one and no/100 Dollars ($7371.00), being fifteen (15%) percent of the actual cost of the installation of the Main Extension, as provided by the Code of the Township; and WHEREAS, the offer of the Owner is satisfactory to the Township, provided the parties hereto shall agree as hereinafter set forth: NOW, THEREFORE, the parties hereto, intending to be legally bound by the terms hereof, agree as follows: 1. The Owner has prior to the execution hereof deposited the sum of Seven Thousand Three Hundred Seventy-one and no/100 Dollars ($7371.00) (being not in excess of fifteen (15%) percent of the actual cost of the installation of the public improvements) in escrow with the Township, such sum and any required additional amounts or so much thereof as may be required to be used and applied solely for the maintenance of the said improvements at the said location and for payment of the professional fees incurred by the Township by reason of such maintenance requirements, and not to be released or distributed by the Township for any other 2
EXHIBIT B purpose or purposes whatsoever for a period of eighteen (18) months from the date of the Township Engineer s certification referenced above. 2. The Township hereby acknowledges receipt of the said sum to be used and applied solely for the maintenance of the said improvements and the said fees, and the Township agrees to hold the said sum and to pay over the same to the Township only upon notification by the Township Engineer that Contractor has failed to meet the maintenance obligations and that a specified sum is needed for the maintenance of the said improvements and the payment of said fees. 3. At the end of the maintenance period provided for herein, the Township will remit to the Owner whatever balance remains in the escrow account. 4. This Agreement shall bind the parties hereto, and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. WITNESS: WILLIAM R. MCDERMOTT WITNESS: JULIE M. MCDERMOTT 3
POHLIG BUILDERS, INC. EXHIBIT B By: President ATTEST: Secretary TOWNSHIP OF LOWER MERION BOARD OF COMMISSIONERS By: Elizabeth S. Rogan, President ATTEST: Eileen R. Trainer, Secretary 4