An Ordinance authorizing the County of Allegheny to acquire by condemnation certain temporary construction easement areas from three parcels required to construct lateral support facilities for Homestead-Duquesne Road at Franklin Street in Munhall Borough (5147-0207), and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
Whereas, the County Council of Allegheny deems it advisable to acquire certain temporary construction easement areas, being 0.009 acre required from a parcel of land of Kevin McKinney; 0.011 acre required from a parcel of land of Edward D. Emory and Tina M. Emery and 0.021 acre required from a parcel of land of Evett A. Mitchell, within Munhall Borough, County of Allegheny and Commonwealth of Pennsylvania for the purpose of constructing facilities to laterally support Homestead-Duquesne Road at Franklin Street, Project No. 5147-0207, (the "Project"), and
Whereas, said Project constitutes a valid public purpose serving the interests of the residents of the County of Allegheny, and
Whereas, the County, through its Department of Public Works, has attempted to amicably acquire the property hereinafter identified consistent with applicable law, and
Whereas, the County Council of Allegheny County now deems it advisable to acquire by condemnation, the property and property interests 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 in temporary construction easement and take under the power of eminent domain part of the property of the following persons or corporations and to acquire title thereto in easement, as necessary for the Project:
PARCEL NO. |
RECORD OWNERS |
TAX PARCEL BLOCK & LOT NO. |
5 |
Kevin McKinney |
180-P-161 |
6 |
Edward D. Emery and Tina M. Emery |
180-N-94 |
7 |
Evett A. Mitchell |
180-N-99 |
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.