Three parcels ostensibly leased by Murrysville to Apex or Olympus for fracking contain possible conflicts that risk exposing the Municipality to liability:
Duff Park, Parcel ID 49-14-00-0-138: Olympus did not bid on this parcel, so its gas rights cannot have been sold to Olympus. We ask that Murrysville rescind the lease on this parcel.
Kovalczik Park, Parcel 49-21-03-0-101: An 1899 deed grants the mineral rights to a third party. It does not appear the Kovalcziks ever owned these rights. Murrysville leased the gas anyway to Apex on 4/6/23 for 5 years; this could cause legal problems if the lease is not rescinded. We ask that Murrysville rescind the lease on this parcel.
Duff Park, Part of parcel 49-14-00-0-071. Sold by H. G. and Isabel Barnett on 11/10/1967. Deed volume 1975 page 957-960. 36.767 acres.
This parcel was once owned by the Haymaker family - the same family which owned and operated the Haymaker Gas Well. When they sold the parcel to the Barnetts in 1945, it is possible that they may have wanted to keep the mineral rights in their own family. The 1945 deed states, “Under and subject to gas and oil lease as the same appears of record.” But it does not mention where any such lease was recorded, and no title search appears to have been performed by either Olympus or Murrysville to locate it.
Although most leases from this time period are short term, 2 to 10 years, there are some 99 year leases. Such a lease, if one exists, could still be in effect in this parcel.
There are records problems with this parcel in general. The 8/16/1912 deed says that William Hoey acquired the land in a deed from Hugh Irwin dated 1852, but that that deed "was mislaid or destroyed and not recorded".
A legal analysis by Protect PT was unable to determine whether the leases referenced in the 1945 deed were related to the 1852 deed, or whether they were more recent. Murrysville's ownership of gas rights in this parcel is in doubt. We ask that Murrysville rescind the lease on this parcel.
This is a Citizen's Petition under the Murrysville Charter, which will require a discussion and vote of Council once 278 signatures of registered Murrysville voters are obtained. The matter to be discussed and voted on is rescinding the leases for the three above-named parcels to avoid legal liability to the Municipality.
By signing, you certify that you are over the age of 18 and a resident or taxpayer of Murrysville.