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Ordinance authorizing the County of Allegheny to clear the right-of-way for construction of the Settler’s Cabin Interchange, including relocation of portions of Ridge Road and Campbell’s Run Road, in the Township of Robinson, and to acquire by condemnation certain parcels of land for this project, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code of 1964, as amended (Project No. 6912-0001).
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WHEREAS, the County Council of Allegheny deems it advisable to clear the right-of-way for the construction of the Settler’s Cabin Interchange (SR 0022, Section A18-GR/W and SR 0022, Section A18-R/W, recorded by Allegheny County Recorder of Deeds in State Highway Plan Book 120, Pages 56 to 64 and Book 125, Pages 1 to 120 respectively), including relocation of portions of Ridge (Mobay) Road (County Road No. 6265-00) and Campbell’s Run Road (County Road No. 6072-03) in the Township of Robinson, County of Allegheny and Commonwealth of Pennsylvania (Project No. 6912-0001); and
WHEREAS, on August 26, 2001, the County Executive authorized the Law Department to clear the right-of-way for said project, Agenda No. 1604-01, a copy of which is marked “Exhibit A”, attached hereto and made a part hereof; and
WHEREAS, the County Council of Allegheny County deems it advisable to acquire by condemnation, certain land hereinafter described for additional right-of-way and easements for said 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 CLEAR RIGHT-OF-WAY
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 required rights-of-way and easements, 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 in clearing the right-of-way, for the construction of the Settler’s Cabin Interchange (SR 0022, Section A18-GR/W and SR 0022, Section A18-R/W), including relocation of Ridge Road (County Road No. 6265-00) and Campbell’s Run Road (County Road No. 6072-03) in the Township of Robinson, County of Allegheny and Commonwealth of Pennsylvania (Project No. 6912-0001).
SECTION 3. AUTHORIZATION TO ACQUIRE PROPERTY BY CONDEMNATION
That Council deems it advisable and necessary to take under the right of eminent domain the property of the following persons or corporations and to acquire title thereto in fee simple:
Parcel No.
Record Owner
Block and Lot Number
155
Cedars Development Co.
264-B-290
156
Earl W. Kazis & Roy Johns, Jr.
264-B-220
157
Russell M. & Susan L. Keith
265-P-130
158
PRR Family Partnership-Zambrano. etal.
265-P-154
159
Mosites Construction Co.
265-P-167
160
George J. Salopek & Michael J. Dorfner
265-P-171
160A
George J. Salopek & Michael J. Dorfner
265-P-183
161
Maureen C. Butts
265-P-190
162
Haber Associates
265-P-17
163
Gooding Rubber Co. (total take)
265-P-376
165
Chief Commercial Construction, L.P.
265-K-72
166
Nola Herman Heirs (total take)
265-K-94
167
United Group Realties, Inc. (total take)
265-J-148
170
Mark L. Davis
334-G-15
171
Khalil and Sadie Kahlil
334-G-6
172
Karen S. Baker
334-C-151
173
Walter R. & Catherine M. Stasik
334-C-171
174
Gustine Prendergast Assoc. Ltd.
334-C-181
174A
Gustine Prendergast Assoc. Ltd.
334-C-204
176
Samuel Prizant
334-C-63
177
T&C Realty Enterprises
334-C-80
203
James L. and Carole A. Putt
334-C-70
212
Nola Herman Heirs
264-A-31
300
Municipal Authority of the Township of Robinson
334-L-25
Said properties are identified on drawings marked “Exhibit B”, attached hereto and made part hereof. Entry upon, appropriation and the taking thereof is hereby authorized and directed for the purpose of constructing the Settler’s Cabin Interchange, (SR 0022, Section A18-GR/W) including relocation of portions of Ridge Road (County Road No. 6265-00) and Campbell’s Run Road (County Road No. 6072-03) in the Township of Robinson, County of Allegheny and Commonwealth of Pennsylvania (Project No. 6912-0001).
SECTION 4. NOTICE TO INTERESTED PARTIES
That immediate notice of this Ordinance shall be given to parties interested therein.
SECTION 5. APPLICATION TO COURT
The Law Department is hereby directed to make application immediately to the Court of Common Pleas of said 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 continue in full force and effect.
SECTION 7. REPEALER
Any ordinance or any part of an Ordinance conflicting with the provisions of this Ordinance is hereby repealed to the extend of such conflict.
Enacted in Council, this __________ day of _______________, 2002.
Council Agenda No.______________.
_____________________________________
Dr. James Sims
President of Council
Attest:___________________________________
John Mascio
Chief Clerk of Council
Approved as to form:_____________________________
Terrence McVerry
County Solicitor
Chief Executive Office ____________________________, 2002.
Approved: ______________________________
James C. Roddey
Chief Executive
Attest: _________________________________
Executive’s Secretary
C E R T I F I C A T E
I, JOHN MASICO, Chief Clerk of the Council of the County of Allegheny, Pennsylvania, do hereby certify the foregoing to be a true and correct copy of Ordinance No. ______ duly enacted by County Council at a regular meeting thereof on the ______ day of ____________, 2002, as the same appears in the Minutes of said meeting duly recorded in the Office of County Council.
WITNESS my hand and seal hereto affixed this ___________ day of _______________, 2001.
_______________________________________
John Mascio
Chief Clerk of Council