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An Ordinance authorizing the County of Allegheny to clear the aerial right-of-way for reconstruction of the Homestead Grays Bridge, formerly the Pittsburgh-Homestead High-Level Bridge, Monongahela River Bridge No. 12, Project No. MA12-3513 in the City of Pittsburgh and Borough of Homestead, and to acquire by condemnation, if necessary, aerial easements 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.
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Whereas, the County Council of Allegheny County, Pennsylvania (“Council”) deems it advisable to clear the aerial right-of-way for the reconstruction of the Homestead Grays Bridge, formerly the Pittsburgh-Homestead High-Level Bridge, Monongahela River Bridge No. 12, Project No. MA12-3513 in the City of Pittsburgh and Borough of Homestead within the County of Allegheny and Commonwealth of Pennsylvania (the “Project”); and
Whereas, the Allegheny County Department of Public Works (“Public Works”) has scheduled the Project to be completed over the construction seasons of 2005 and 2006, so as to minimize the disruption to the public; and
Whereas, in order to complete the project Public Works must acquire certain aerial easements appurtenant to the Project; and
Whereas, in connection with acquiring the aerial easements, Public Works does not intend to acquire any fee simple interests in the dominant estates as such are not necessary to complete the Project; and
Whereas, if Public Works is not able to reach a negotiated settlement on the just compensation for the aerial easements to be acquired, only then will Public Works resort to acquiring the aerial easements by condemnation; and
Whereas, based upon the aforementioned representations, Council deems it advisable to acquire by condemnation, if necessary, certain aerial interests hereinafter described, for additional right-of-way and easements 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 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 aerial 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 Project.
SECTION 3. Authorization to Acquire Aerial Interests by Condemnation.
That Council deems it advisable and necessary, if Public Works is unable to acquire the aerial interests by other means, to take under the right of eminent domain aerial interests of the following persons or corporations and to acquire easements and rights-of-way, as necessary to complete the Project:
|
PROJECT PARCEL NO. |
RECORD OWNER |
TAX PARCEL BLOCK & LOT NO. |
|
3 |
Joseph Dilorio and Frances Dilorio (H/W) |
130-N-280 |
|
4 |
General Cleaning, Inc. |
130-J-18 |
|
5 |
Pennsylvania Lines, LLC* |
130-J-50-1,2,3 |
|
6 |
The Waterfront Partners, LLC |
130-J-140 |
|
7 |
CSX Transportation, Inc.* |
130-J-60-1 |
|
10 |
Inland Southeast Waterfront DST |
89-S-125 |
|
11 |
Z. Scott Smith |
130-E-276 |
|
12 |
The Waterfront Partners, LLC |
130-J-100 |
|
16 |
CSX Transportation, Inc.* |
88-S-100- A-1 & A-2 |
* Possession of Parcels 5, 7 & 16 was obtained by Order of the Pennsylvania Public Utility Commission A-00120427 adopted July 8, 2004 and recorded in the Allegheny County Recorder of Deeds Office on July 27, 2004 in Deed Book Volume 12133, Page 469.
Said properties are identified on drawings marked “Exhibit A”, attached hereto and made part hereof. Entry upon, appropriation and the taking of only the aerial interests thereof is hereby authorized and directed, for the purpose of the Project.
SECTION 4. Notice to Interested Parties.
That Council directs the Law Department to provide immediate notice of this Ordinance to the record owners of the parcels to be taken.
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 aerial interests legally ascertained including the filing of declarations of taking and such proceedings related thereto under the law of eminent domain.
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 extent of such conflict.
SUMMARY PAGE
DRAFT ORDINANCE TO CLEAR THE RIGHT-OF-WAY
AND ACQUIRE BY CONDEMNATION
HOMESTEAD GRAYS BRIDGE (MA12-3513)
February 10, 2005
The Homestead Grays Bridge rehabilitation project will include widening the bridge deck on each side. Allegheny County will need to secure aerial right-of-ways and easements of the properties directly underneath the widened deck. The aerial rights owned by railroads have been obtained through an order of the Pennsylvania Public Utility Commission. Our construction schedule targets PennDOT Right-of-Way Clearance approval in early 2005 in order to be ready to start construction early in the spring of 2005.
We may, regrettably, need to resort to the County's power of Eminent Domain to acquire some or all of the parcels. We seek approval by County Council as soon as possible to file Declarations of Taking, if needed, as required by the County Administrative Code. In the event that it becomes necessary to use Eminent Domain, we promptly will report this fact to County Council.