An Ordinance authorizing the County of Allegheny to acquire by condemnation a certain 0.195 acre of required right of way area, 0.098 acre of required aerial easement and 0.035 acre of required drainage easement, of A.W. and Ester F. Levine; Allan M. and Deanne L. Hirshberg; Deanne L. Hirshberg as Custodian for Lawrence M. Hirshberg; Deanne L. Hirshberg as Custodian for Sally R. Hirshberg; Deanne L. Hirshberg as Custodian for Ellen I. Hirshberg; Lawrence Levine; Lawrence Levine as Custodian for Richard Benjamin Levine; Lawrence Levine as Custodian for Harry Edward Levine; Lawrence Levine as Custodian for Barbara Ruth Levine; Stanley Levine; Stanley Levine as Custodian for David Robert Levine; Stanley Levine as Custodian for Howard Edward Levine; Stanley Levine as Custodian for Betsy Ruth Levine and Stanley Levine as Custodian for Susan Harriet Levine, required for reconstructing Thompson Run Bridge No. 5, also known as Homeville Viaduct (TS05-0510) carrying Homeville Road (5149-02) over Thompson Run, Grant Avenue Extension and tracks of Union Railroad Company in West Mifflin Borough, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
Whereas, the County Council of Allegheny deems it advisable to a acquire certain parcel of land, with an area of 0.195 acre of required right-of-way, 0.098 acre of aerial easement and 0.035 acre of required drainage easement, located on Homeville Road (5149-02) approximately 0.6 miles southeast of its intersection with Commonwealth Avenue (SR 2044), over Thompson Run, within the West Mifflin Borough, County of Allegheny and Commonwealth of Pennsylvania for the purpose of reconstructing Thompson Run Bridge No. 5, also known as Homeville Viaduct, Project No. TS05-0510, (the "Project"), and
Whereas, said Project constitutes a valid public purpose serving the interests of the residents of the County of Allegheny, and
Whereas, the County Council of Allegheny County deems it advisable to acquire by condemnation, certain land hereinafter described, as necessary, for the Project.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Authorization to Acquire Parcel.
That Council deems it advisable and necessary to authorize the Law Department, in conjunction with the Department of Public Works, to obtain appraisals and title reports, to negotiate and acquire the parcel, to prepare the necessary petitions, resolutions and all other documents, including, but not limited to Declarations of Taking, Petitions to Deposit Estimated Just Compensation into Court and Petitions for Appointment of Viewers, all or some of which may be required for the Project.
Section 3. Authorization to Acquire Property by Condemnation.
That Council deems it advisable and necessary to acquire in fee simple and take under the power of eminent domain part of the property of the following persons or corporations and to acquire title thereto in fee simple and in easement, as necessary for the Project:
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RECORD OWNER |
TAX PARCEL BLOCK & LOT NO. |
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A.W. and Ester F. Levine; Allan M. and Deanne L. Hirshberg; Deanne L. Hirshberg as Custodian for Lawrence M. Hirshberg; Deanne L. Hirshberg as Custodian for Sally R. Hirshberg; Deanne L. Hirshberg as Custodian for Ellen I. Hirshberg; Lawrence Levine; Lawrence Levine as Custodian for Richard Benjamin Levine; Lawrence Levine as Custodian for Harry Edward Levine; Lawrence Levine as Custodian for Barbara Ruth Levine; Stanley Levine; Stanley Levine as Custodian for David Robert Levine; Stanley Levine as Custodian for Howard Edward Levine; Stanley Levine as Custodian for Betsy Ruth Levine and Stanley Levine as Custodian for Susan Harriet Levine |
240-R-120 |
Said property is identified on a property drawing marked "Exhibit A", attached hereto and made part hereof identified and included within the "cloud" marking on "Exhibit A". Entry upon, appropriation and the taking thereof is hereby authorized and directed, for the purpose of the Project.
Section 4. Notice to Interested Parties.
That Council directs the Department of Public Works in conjunction with the Law Department to notify interested parties as required by law of the adoption of this Ordinance with respect to property taken under the power of eminent domain.
Section 5. Application to Court.
That Council directs the Law Department to make immediate application to the Court of Common Pleas of Allegheny County for the purpose of having the value of said property legally ascertained.
Section 6. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 7. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.