Fill - Free fillable Vacation Of Streets 2017 - VACATION OF STREETS PDF form

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PART I PETITION

Complete "petition" with names of all adjoining property owners. Adjoining property owners are

those who are immediately affected by vacation of a street.

All adjoining property owners must sign petition. Signatures are to be notarized.

PART II AGREEMENT

Complete all blank spaces with dates, names of adjoining property owners, Tax Parcel numbers of

all adjoining property owners, name of street to be vacated.

Submit completed and signed forms (signatures must be notarized) with exhibits and a cover letter

explaining the reason for petitioning the vacation of the street to the Bensalem Township Council.

EXHIBITS

A. Description of street to be vacated, as it currently exists, must be prepared by a registered

engineer or land surveyor.

B. Description and plan of street showing the new vacated portion divided among the adjoining

property owners also to be prepared by a registered engineer or land surveyor.

C. Copy of tax map can be obtained from the Department of Building and Planning at the

Bensalem Township Municipal Building.

D. Certification from all utility companies indicating the presence or absence of utilities in the

area to be vacated.

A. An escrow in the amount of $1,000 must be established with the Township for legal and

in-house engineer reviews.

B. Ten (10) copies of all plans and documents must be submitted.

NOTE:

The attached forms may have to be revised in order to include names and signatures of all adjoining

property owners.

VACATION OF STREETS INSTRUCTIONS

DATE:

BENSALEM TOWNSHIP

Building and Planning Department

Office 215-633-3644 ▪ Fax 215-633-3753

2400 Byberry Road ▪ Bensalem, PA 19020

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PETITION

To the Bensalem Township Council, Bucks County, Pennsylvania.

The Petition of: _____________________________________________________________

1. Petitioners are property owners in Bensalem Township, Bucks County, Pennsylvania.

2. This Petition is presented pursuant to and under the authority of the Act of May 1, 1933

P.O. 103 Article Xl SIIOI as supplemented and amended (53 P.S. 66101) to secure the

vacation of as described in Exhibit "A" attached hereto and made part hereof.

3. A plan showing Petitioners property and the portions of the street which Petitioners seek

to have vacated is attached hereto made part hereof and marked Exhibit "B".

4. Petitioners are all of the property owners whose property abuts the street to be vacated.

petitioners believe and therefore aver that the street serves no useful purpose and that

vacation thereof would be in the public interest.

5. Petitioners are willing and able to and do hereby agree to reimburse the Township of

Bensalem for all reasonable costs involved in connection with the vacation of the

aforementioned street.

PETITIONERS PETITIONERS

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COMMONWEALTH OF PENNSYLVANIA

SS

COUNTY OF BUCKS

being duly sworn according to law depose and say that they are the Petitioners in the within

matter; that the facts set forth therein are true and correct to the best of their knowledge,

information and belief, and that they are a majority of the property owners abutting

as shown on Exhibit "B".

PETITIONERS

Sworn to and Subscribed

before me on this

day of

,

2

Notary Public

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AGREEMENT BETWEEN

(PARTIES OF THE FIRST PART) AND BENSALEM TOWNSHIP (PARTIES OF THE SECOND PART)

THIS AGREEMENT, made this day of , between

and Bensalem Township.

WHEREAS, the parties of the first part, to wit,

are the owners in fee of the premises abutting upon and adjacent to

being Bucks County Tax Map Parcel # and

are the owners in fee of the premises abutting upon and adjacent to

in Bensalem Township being Bucks County Tax Map Parcel #

WHEREAS, the said

was accepted for dedication by Bensalem Township Council by resolution and,

WHEREAS, the said

which lies between the premises of the parties of the first part has never been improved or opened

for public use, and

WHEREAS, the parties of the first part have requested the Bensalem Township Council to vacate

that portion of

which lies between properties of the parties of the first part, and,

WHEREAS, the parties of the first part do agree that if the Bensalem Township Council acts upon

the request of the parties of the first part to vacate the portion of

which lies between the property

of the parties of the first part, the parties of the first part, will indemnify, save, protect and hold harmless

Bensalem Township from any claims by anyone, at anytime, asserted against Bensalem Township

on account of, or due to, or because of the vacation of that said portion of

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NOW, THEREFORE, it is mutually covenanted and agreed by the parties hereto intending to be

legally bound hereby that:

(a) Bensalem Township Council will approve the petition of the parties of the first part to vacate that

portion of

which lies between the properties of the parties of the first part which is more fully described by a

description herewith attached, made part hereof, marked Exhibit "A" and a copy of the Tax Map of

the area described marked as Exhibit "B".

(b) In consideration of the action by Bensalem Township Council in vacating that portion of

as shown in Exhibit "A" and "B" and as attached hereto, made part hereof, the parties of the first

part agree to save, protect, defend and hold harmless the Bensalem Township Council and

Bensalem from claims asserted by anyone at anytime against Bensalem Township of the Bensalem

Township Council thereof by reason of the vacation of that portion of

as shown in Exhibit "A" and "B" and as attached hereto, whether any such claim be brought under

the Eminent Domain Code of Pennsylvania or the Common Law or be brought under any provision

of the Constitution of the United States, the laws promulgated pursuant thereto or on account of

any negligence against Bensalem Township or the Bensalem Township Council thereof.

The parties of the first part, in addition, agree that they will be responsible for and will

pay for all costs attendant to the filing or recording of this agreement and any action by the

Bensalem Township Council relative to vacation of the aforesaid portion of

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This agreement shall be a covenant which will run with the land involved, to wit, the aforesaid tax

parcels of parties of the first part and will be recorded as such so that this agreement is, and will

become, an encumbrance upon the land and an obligation of the parties of the first part and their

successors and assigns.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date

first above written.

BENSALEM TOWNSHIP COUNCIL

Attest: by:

Secretary

President

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COMMONWEALTH OF PENNSYLVANIA

:SS

COUNTY OF BUCKS

ON THIS, the day of , before me, a Notary Public for

The Commonwealth of Pennsylvania, residing in the County of Bucks, personally appeared

and

,

his wife, known to me

(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 hereunto set my hand and official seal.

My Commission Expires:

Notary Public

ON THIS, the day of , before me, a Notary Public for

The Commonwealth of Pennsylvania, residing in the County of Bucks, personally appeared

and

,

his wife, known to me

(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 hereunto set my hand and official seal.

My Commission Expires:

Notary Public

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