Title
An Ordinance authorizing the County of Allegheny to sell a 0.787± acre parcel of excess land at the intersection of Hulton Road (SR 2082 and SR 2058) and Coxcomb Road (SR 2083, formerly LR 677) in Plum Borough, to T. D. Holdings, LLC. for consideration in the amount of $5,000.00, upon approval by Pennsylvania Department of Transportation.
Body
Whereas, by No. 1 December Sessions, 1944, and by No. 1401 July Term 1947 A, of the Court of Quarter Sessions of Allegheny County, Allegheny County acquired through the power of eminent domain certain private property for the construction of a 606.19 foot long section of Hulton Road, at its intersection with Coxcomb Road, State Highway Route 677, in Plum Borough; and
Whereas, by an act of September 18, 1961 (P. L. 1389, No. 615), supplemented by an agreement dated November 6, 1983, Pennsylvania Department of Transportation (PennDOT) Agreement No. 110021, PennDOT assumed total responsibility for maintenance of Hulton Road, leaving title of the land under the road remaining with the County; and
Whereas, by its letter dated April 9, 2008, the Borough of Plum supported a proposed re-alignment of the intersection of Hulton Road with Coxcomb Road, Sate Highway Route 677 as long as it did not degrade the functionality of the intersection as it currently exists and meets all of the guidelines set forth by the Pennsylvania Department of Transportation"; and
Whereas, by its letter dated March 23, 2009, PennDOT approved a traffic impact study for traffic improvements at the subject intersection to accommodate the traffic generated by the proposed Hulton Village retail development; and
Whereas, by his letter dated January 27, 2009, Alan T. Shuckrow, Esquire, representing T. D. Holdings, LLC, with an address of 100 Saxonburg Boulevard, Cheswick, PA 15024, offered to pay $5,000. for a .787± acre parcel currently being used for roadway purposes and maintained by PennDOT, as depicted on a Plan of Property, dated January 16, 2009, marked Exhibit No. 1 and attached hereto , ( herein the "Excess Parcel"); and
Whereas, the Excess Parcel will no longer be necessary for roadway purposes after the reconfiguration of the intersection of Hulton Road, at its intersection with Coxcomb Road, State Highway Route 677, and
Whereas, the County Council of Allegheny County deems it advisable to sell the 0.787± acre Excess Parcel, for the consideration established by a certified appraisal returning it to taxable real estate classification and promoting economic development in the public interest.
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 Sell Excess Land.
That Council deems it advisable and necessary to convey the 0.787± acre Excess Parcel, depicted in Exhibit No. 1, subject to acceptance of a deed and property survey drawing based on relocated right-of-way lines approved by Pennsylvania Department of Transportation, to T. D. Holdings, LLC, for consideration in the amount of $5,000.00.
Section 3. 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 4. 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.
SUMMARY PAGE
DRAFT ORDINANCE TO SELL EXCESS PARCEL OF LAND
HULTON ROAD (SR (SR 2082 and SR 2058)
and COXCOMB ROAD (SR 2083, formerly LR 677)
March 27, 2009
In 1947, Allegheny County took private property by condemnation to realign Hulton Road at its intersection with Coxcomb Road in Plum Borough. Pennsylvania Department of Transportation took over maintenance of the road, but not title to the land under the road, by Act 615 of 1961, supplemented by an agreement of November 6, 1985.
Now, the owner of adjacent land has obtained Borough and PennDOT approval for a traffic plan to reconfigure the intersection to accommodate the traffic generated by its commercial development and to create excess right-of-way that may be purchased from the County and used for the development.
We request approval by County Council to sell the land at fair market value, based on an appraisal prepared by a certified general real estate appraiser, to the adjacent land owner, and subject to acceptance of a deed and property survey drawing based on relocated right-of-way lines approved by Pennsylvania Department of Transportation.