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Ordinance authorizing the County of Allegheny to clear the right-of-way for construction of the Settler's Cabin Interchange in the Township of Robinson and to acquire by condemnation a certain parcel of land, Parcel No. 167, of United Group Realties, Inc., 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), 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); 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 & LOT NO.
167
United Group Realties, Inc.
265-J-148
Said property is identified on a drawing 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) in the Township of Robinson, County of Allegheny and Commonwealth of Pennsylvania.
SECTION 4. NOTICE TO INTERESTED PARTIES
That immediate notice of this Ordinance 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 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 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.
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.
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John Mascio
Chief Clerk of Council