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Ordinance of the County of Allegheny, at the request of the Allegheny County Airport Authority for purposes of development, authorizing the acquisition by condemnation of certain coal, oil, gas, limestone, and mineral properties, with appurtenant mining rights, and certain private roads, pipelines, reversionary interests, gaps and gores situate in the Townships of Findlay and Moon, County of Allegheny, Commonwealth of Pennsylvania, located contiguous to real property owned by Allegheny County in the area of the Pittsburgh International Airport and designated as the Mineral Estates Plan of Acquisition - Phase VI (“ME VI”)
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Whereas, the Allegheny County Airport Authority (“Authority”) was created by the County of Allegheny (“County”) to operate County's airports and encourage the development of the area surrounding the Pittsburgh International Airport; and
Whereas, the Authority has requested that the County of Allegheny to acquire by condemnation, for the purpose of developing land surrounding the Pittsburgh International Airport, certain coal, oil, gas, limestone, and mineral properties with appurtenant mining rights and certain private roads, pipelines, reversionary interests, gaps and gores situate in the Townships of Findlay and Moon, Allegheny County, Pennsylvania, located contiguous to real property owned by Allegheny County in the area of the Pittsburgh International Airport and designated as the Mineral Estates Plan of Acquisition - Phase VI (“ME VI”); and
Whereas, the County of Allegheny deems it advisable to acquire by condemnation, certain coal, oil, gas, limestone, and mineral properties with appurtenant mining rights and certain private roads, pipelines, reversionary interests, gaps and gores situate in the Townships of Findlay and Moon, Allegheny County, Pennsylvania, located in the area of the Pittsburgh International Airport and designated as the Mineral Estates Plan of Acquisition - Phase VI (“ME VI”); and
Whereas, there are now outstanding of record certain mineral and leasehold estates which constitute encumbrances of title and the County is desirous and intends to acquire all of said outstanding mineral estates and leasehold estates by deeds of conveyance or quitclaim or by condemnation, and thus to extinguish all of said outstanding mineral and leasehold estates; and
Whereas, the County now deems it advisable to acquire by condemnation the mineral estates and leasehold interests in the Townships of Findlay and Moon, Allegheny County, Pennsylvania, hereinafter described, in order that title to the same shall be vested in the County, freed and discharged of all encumbrances.
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.
Council deems it advisable and necessary to authorize, and hereby does authorize, the Allegheny County Law Department 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 to condemn, certain coal, oil, gas, limestone, and mineral properties with appurtenant mining rights and certain private roads, pipelines, reversionary interests, gaps and gores situate in the Townships of Findlay and Moon, Allegheny County, Pennsylvania, located in the area of the Pittsburgh International Airport and designated as the Mineral Estates Plan of Acquisition - Phase VI (“ME VI”)
SECTION 3. AUTHORIZATION TO ACQUIRE PROPERTY BY CONDEMNATION.
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:
A statement of the property and mineral interests being condemned and hereby taken (which are located in Moon and Findlay Townships, Allegheny County, Pennsylvania, is more particularly set forth in Exhibit “A” hereto attached. Also a plan of the property hereby taken and condemned is hereto attached and marked Exhibit “B”. The plan of the property being taken and condemned has been designated the “Mineral Estate Plan of Acquisition - Phase VI” and has also been filed with the Planning Department in the Office of the Recorder of Deeds of Allegheny County, and is attached hereto as Exhibit “C”.
Council hereby authorizes the County to take under the right of eminent domain, the property described above.
SECTION 4. NOTICE TO INTERESTED PARTIES.
That immediate notice of this Ordinance shall be given to parties interested therein.
SECTION 5. APPLICATION TO COURT.
The Allegheny County Law Department is hereby directed to make application immediately 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 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 extend of such conflict.