title
An Ordinance authorizing the County of Allegheny, through the Department of Public Works and the Law Department, to acquire by condemnation a permanent right-of-way in fee simple and a temporary construction easement over one (1) parcel of land identified by the Allegheny County Department of Real Estate as Block & Lot #1570-N-00323-0000-00 (the “Property”), required for replacement of a deteriorated bridge designated as the Douglass Run Bridge No. 19, located at Round Hill Road (County Road No. 4269-01), Elizabeth Township, Allegheny County (the “Project”) and to take such further action as may be necessary under applicable law, including but not limited to the Eminent Domain Code.
body
Whereas, the County’s Department of Public Works presently is engaged in the process of replacing the Douglass Run Bridge No. 19 (DG19) located at Round Hill Road (County Road No. 4269-01) in Elizabeth Township, Allegheny County (the “Project”); and
Whereas, the Project has been depicted in a right-of-way plan numbered 26201-RW entitled “Right-of-Way Plan for Replacement of Douglass Run Bridge No. 19 (DG19) over UNT-Douglass,” approved on August 2, 2023 and recorded on August 10, 2023 in the Allegheny County Department of Real Estate in Plans-Miscellaneous Book Volume 194 at Page 46 and re-recorded on August 10, 2023 in the Allegheny County Department of Real Estate in Plans-Miscellaneous Book Volume 194 at Page 46, incorporated by reference in its entirety and attached hereto as “Exhibit A” (the “ROW Plan”); and
Whereas, the Project contemplates the acquisition of a permanent right-of-way in fee simple and a temporary construction easement over one (1) parcel of land identified by the Allegheny County Department of Real Estate as Block & Lot #1570-N-00323-0000-00 (the “Property”); and
Whereas, the Property is identified as being a portion of Parcel 2 in the ROW Plan attached as Exhibit A; and
Whereas, the Property is owned by John Frickanisce and Anna Frickanisce, husband and wife, as evidenced by an indenture dated October 29, 1915 and recorded in the Allegheny County Department of Real Estate at Deed Book Volume 1855, Page 4; and
Whereas, the Department of Public Works has determined that John Frickanisce and Anna Frickanisce, the record owners of the Property, died in 1926 and 1927 respectively; and
Whereas, the Department of Public Works has conducted a diligent search to locate the heirs of the deceased John Frickanisce and Anna Frickanisce and in fact located a Frickanisce family heir; and
Whereas, the Frickanisce heirs have advised the Department of Public Works that they are not interested in claiming any interest in the Property due to the existence of encumbering tax liens in excess of $16,000.00; and
Whereas, it is the recommendation of the Department of Public Works and the Law Department that the County should acquire the necessary rights of way over the Property to complete the Project through condemnation proceedings; and
Whereas, the County Council of Allegheny County recognizes that the Project constitutes a valid public purpose serving the interests of the residents of Allegheny County by enhancing transportation facilities, safety and commerce; and therefore, deems it advisable to acquire the needed Property by condemnation.
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 as set forth in their entirety herein.
SECTION 2. Authorization to Acquire Property by Condemnation.
That Council deems it advisable and necessary and does hereby authorize the County to acquire under the County’s power of eminent domain certain property necessary for the Project described more particularly as follows:
Parcel 2 on Exhibit A owned by John Frickanisce & Anna Frickanisce, husband & wife, as per DBV1855, Page 4
Lot/Block: #1570-N-00323-0000-00
Property: Required Right of Way consisting of 1,386 square feet,
Temporary Construction Easement consisting of 806 square feet
Estimated Just Compensation: $300.00
SECTION 3. Notice to Interested Parties.
That Council requests 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 described herein taken under the power of eminent domain.
SECTION 4. Application to Court.
That Council requests 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 5. 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 6. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed in so far as the some affects this Ordinance.
SECTION 7. Effective Date.
This Ordinance shall enter effect immediately upon its approval.