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An Ordinance authorizing the County of Allegheny to acquire by condemnation certain right-of-way and easement areas from six parcels required to reconstruct Dooker’s Hollow Bridge in North Braddock Borough, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
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Whereas, Dooker’s Hollow Bridge, which carries Bell Avenue over O’Connell Boulevard in North Braddock Borough, has come into a state of disrepair, is now structurally deficient with a posted weight limit of 31 tons and sound engineering practice dictates that replacement of the bridge is required to insure continued public use and safety; and
Whereas, the Department of Public Works has attempted to amicably acquire the property of the parties hereinafter identified for reconstruction of the bridge and said parties have either failed to respond to the County’s offers or made counter-offers that are not supported by accepted appraisal practices; and
Whereas, the County Council of Allegheny County deems it advisable to acquire certain right-of-way and easement areas within North Braddock Borough, County of Allegheny and Commonwealth of Pennsylvania for the purpose of reconstructing Dooker’s Hollow Bridge over O’Connell Boulevard, Project No. DK01-0303 (the “Project”), being:
Parcel 4: 5,697 square feet of right-of-way and 3,287 square feet of temporary construction easement, required from a parcel of land of Heirs of William Wynn (deceased) and Walter Wynn.
Parcel 8: 3,935 square feet of temporary construction easement, required from a parcel of land of Heirs of Romualdo Mendez.
Parcel 11: 2,134 square feet of right-of-way, 1,337 square feet of temporary construction easement and 1,525 square feet of drainage easement, required from a parcel of land of Clara V. Schmude, as surviving joint tenant.
Parcel 13: 749 square feet of temporary construction easement, required from a parcel of land of Heirs of John Andrechak and Catherine Andrechak, his wife.
Parcel 15: 354 square feet of right-of-way and 863 square feet of temporary construction easement, as required from a parcel of land of Lamar Advantage GP Company, LLC, a Delaware limited liability company, successor by merger to Lamar West, L.P., f/k/a Martin Media, a California Limited Partnership.
Parcel 16: 624 square feet of right-of-way, 748 square feet of drainage easement and 2024 square feet of temporary construction easement required from a parcel of land of David J. Gumpher, a married man.
Whereas, the Right-of-Way Drawings for said Project were recorded October 2, 2017 in the Allegheny County Department of Real Estate in Plans-Miscellaneous Volume 172, Page 83; and
Whereas, the County Manager authorized the Law Department to clear the right of way for said Project by his Executive Action No. 6633-17 approved September 9. 2017; 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 Parcels.
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 parcels, 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 required right-of-way, drainage easements, and temporary construction easements 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 for right-of-way and an easement for the drainage easements and temporary construction easements, as necessary for the Project:
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PARCEL NO. |
RECORD OWNERS |
TAX PARCEL BLOCK & LOT NO. |
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4 8 11 13 15 16 |
Heirs of William Wynn (deceased) and Walter Wynn (right-of-way and temporary construction easement) Heirs of Romualdo Mendez (temporary construction easement) Clara V. Schmude, as surviving joint tenant (right-of-way, permanent and temporary construction easements) Heirs of John Andrechak and Catherine Andrechak, his wife (temporary construction easement) Lamar Advantage GP Company, LLC, a Delaware limited liability company, successor by merger to Lamar West, L.P., f/k/a Martin Media, a California Limited Partnership (right-of-way and temporary construction easement) David J. Gumpher, a married man |
375-N-100 375-N-124 375-N-125 375-N-118 375-N-115 375-N-200 375-N-192 375-N-194 375-N-196 |
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Said properties are identified on a property drawing marked “Exhibit A”, attached hereto and made part hereof. 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.