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An Ordinance of the Council of the County of Allegheny authorizing the County of Allegheny to acquire by condemnation, if necessary, from Pittsburgh and Western Mining Company, its successors or assigns, as their interest may appear, all the vein of coal known as the Pittsburgh vein, together with mining rights, underlying that certain one hundred twenty-seven (127) acres, more or less, of surface situate in North Fayette Township, Allegheny County and Commonwealth of Pennsylvania, as more particularly described in the deed dated May 27, 1924, from Pittsburgh Coal Company to Pittsburgh and Western Mining Company as recorded in the Recorder of Deeds of Allegheny County, Pennsylvania in Deed Book Volume 2236, page 97, and to take further action as may be necessary under applicable law, including the Eminent Domain Code of 1964, as amended.
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Whereas, the aforesaid one hundred twenty-seven (127) acres, more or less, of the Pittsburgh vein of coal which is owned by Pittsburgh and Western Mining Company, underlies a portion of the surface of Settlers Cabin Park; and
Whereas, the aforesaid one hundred twenty-seven (127) acres, more or less, of the Pittsburgh vein of coal consists of an abandoned coal mine; and
Whereas, the County has determined that it is in its best interest to reclaim the aforesaid abandoned coal mine underlying Settlers Cabin Park through coal removal in accordance with plans approved by the Pennsylvania Department of Environmental Protection.
Whereas, the condemnation herein is authorized by Article IV, Sec. 6 of the Allegheny County Home Rule Charter, Article VII, Sections 701.02 and 703.07 of the Allegheny County Administrative Code, and the Act of 1953 July 28, P.L. 723, Article XXVI, §5601, et seq.
The Council of the County of Allegheny hereby resolves as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by their reference in their entirety herein.
Section 2. Authorization to Acquire 127-Acres, more or less, of the Pittsburgh vein of coal and mining rights by Condemnation.
That Council deems it advisable and necessary to authorize the Law Department to take under the power of eminent domain all the vein of coal known as the Pittsburgh vein, together with mining rights, owned by Pittsburgh and Western Mining Company underlying that certain one hundred twenty-seven (127) acres, more or less, of surface situate in North Fayette Township, Allegheny County, Commonwealth of Pennsylvania, as more particularly described in the deed dated May 27, 1924, from Pittsburgh Coal Company to Pittsburgh and Western Mining Company as recorded in the Recorder of Deeds of Allegheny County, in Deed Book Volume 2236, page 97, a copy of which is attached hereto as Attachment “A”.
Section 3. Application to Court and Notice.
That Council directs that immediate application be made to the Court of Common Pleas of Allegheny County for the purpose of having the value of said Pittsburgh vein of coal and mining rights legally ascertained including the filing of a declaration of taking and such proceedings related thereto under the Pennsylvania Eminent Domain Code. Notice of the filing of the declaration of taking and any other proceeding in connection therewith shall be provided in accordance with the provisions of the Pennsylvania Eminent Domain Code.
Section 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, than that provision shall be considered severable from the remaining provisions of this Ordinance which shall continue in full force and effect.
Section 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed as far as the same affects this Ordinance.
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ORDINANCE
The County of Allegheny (hereinafter “County”) entered into a Land lease (hereinafter “Lease”) with the Horticultural Society of Western Pennsylvania (hereinafter “Horticultural Society”) dated April 6, 1998, further identified as Agreement No. 39177, as amended on _________________, 2006, pursuant to Ordinance No. 08-06-0R for approximately 452-acres of land within Settlers Cabin Park for the development of a Botanic Garden. The Lease is for a term of 99-years from March 1, 1998, with the Horticultural Society paying the County the nominal rent of One Dollar and 00/100 ($1.00) a year, plus building and operating a Botanical Garden for the citizens for Allegheny County which would become a tourist attraction.
The area in Settlers Cabin Park where the Botanic Garden is to be situate is considered abandoned mine lands as it has been extensively mined for coal by both underground and surface mining techniques from the early 1900's to the 1940's. The resulting water pollution, including acid mine drainage and heavy metals from historic mining has created a long term pollution problem for the County as owner of the park.
The Horticultural Society has been granted the mineral rights for a large portion of the area under the park by the mineral owner in support of the Botanic Garden development. The Horticultural Society has developed a plan to reclaim the abandoned mine lands and remediate the pollution and at the same time, assist in financing the development of the proposed Botanic Garden.
Pursuant to Article 1.5 of the Lease, as amended, the County shall cooperate with the Horticultural Society in obtaining clear title to the leased Premises and Mineral Rights in, on or underlying the leased Premises in the County to the extent title is unclear and/or requires an adjudication of title. It has been determined that approximately 127-acres, more or less, of the Pittsburgh vein of coal underlying the Premises is owned by the Pittsburgh and Western Mining Company and not the County. The current existence of the Pittsburgh and Western Mining Company is unknown as no records of its existence can be found since the mid 1930's.
The purpose of the Ordinance is to authorize Allegheny County to condemn via the power of Eminent Domain the 127-acres, more or less, of the Pittsburgh vein of coal and mining rights underlying a portion of Settlers Cabin Park which is owed by the Pittsburgh and Western Mining Company which coal and mining rights after condemned will be leased the Horticultural Society pursuant to the Lease. The Horticultural Society will enter into a contract to remove the coal, and related pollutional strata, which will abate water pollution and reclaim the surface to a condition suitable for the Botanic Garden.
The Horticultural Society shall be responsible for the entire costs of the condemnation proceeding including damages, if any, payable to the Pittsburgh and Western Mining Company as well as the entire cost of land, reclamation, abatement of the water pollution on the site, and the development and operation of the Botanic Garden with the County having no financial obligation for the same.