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An Ordinance authorizing the County of Allegheny to sell a 0.787± acre parcel of excess land at the intersection of Hulton Road (SR 2082 and SR 2058) and Coxcomb Road (SR 2083, formerly LR 677) in Plum Borough, to T.D. Holdings LLC for consideration in the amount of $67,999.00, upon approval by Pennsylvania Department of Transportation.
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Whereas, by No. 1 December Sessions, 1944, and by No. 1401 July Term 1947 A, of the Court of Quarter Sessions of Allegheny County, Allegheny County acquired through the power of eminent domain certain private property for the construction of a 606.19 foot long section of Hulton Road, at its intersection with Coxcomb Road, State Highway Route 677, in Plum Borough; and
Whereas, by an act of September 18, 1961 (P. L. 1389, No. 615), supplemented by an agreement dated November 6, 1983, Pennsylvania Department of Transportation (PennDOT) Agreement No. 110021, PennDOT assumed total responsibility for maintenance of Hulton Road, leaving title of the land under the road remaining with the County; and
Whereas, by its letter dated April 9, 2008, the Borough of Plum supported a proposed re-alignment of the intersection of Hulton Road with Coxcomb Road, Sate Highway Route 677 as long as it did not degrade the functionality of the intersection as it currently exists and meets all of the guidelines set forth by the Pennsylvania Department of Transportation"; and
Whereas, by its letter dated March 23, 2009, PennDOT approved a traffic impact study for traffic improvements at the subject intersection to accommodate the traffic generated by the proposed Hulton Village retail development; and
Whereas, by his letter dated January 27, 2009, Alan T. Shuckrow, Esquire, representing T. D. Holdings, LLC, with an address of 100 Saxonburg Boulevard, Cheswick, PA 15024, offered to pay $5,000 for a .787 acre parcel currently being used for roadway purposes and maintained by PennDOT, as depicted on a Plan of Property, dated January 16, 2009, marked Exhibit No. 1 and attached hereto, (herein the "Excess Parcel"); and
Whereas, by his letter dated June 25, 2009, Shawn N. Gallagher, Esquire, representing Lorna Irvin, Doone's Inn at Oakmont, with an address of P.O. Box 28, Oakmont, PA 15139, offered to pay $6,000 for the Excess Parcel; and
Whereas, as a result of receiving the competing bids for the Excess Parcel, the County Manager elected to sell the Excess Parcel through a sealed bid process, after first having obtained an independent appraisal valuing the Excess Parcel at $27,000 ; and
Whereas, the County Department of Administrative Services, Division of Purchasing and Supplies issued a Request for Bid on July 24, 2009, and required bids to be submitted to the Allegheny County Controller on or before August 5, 2009; and
Whereas, the Allegheny County Controller opened the bids on August 4, 2009, and the winning bid was made by T.D. Holdings LLC in the amount of $67,999.00; and
Whereas, the Excess Parcel will no longer be necessary for roadway purposes after the reconfiguration of the intersection of Hulton Road, at its intersection with Coxcomb Road, State Highway Route 677; and
Whereas, the County Council of Allegheny County deems it advisable to sell the 0.787 acre Excess Parcel, to T.D. Holdings LLC for $67,999.00 as established through a competitive bidding process, and returning it to taxable real estate classification and promoting the public interest.
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 Sell Excess Land.
That Council deems it advisable and necessary to authorize the Law Department, in conjunction with the Department of Public Works, to enter into an agreement to sell the 0.787 acre Excess Parcel, depicted in Exhibit No. 1, subject to acceptance of a deed and property survey drawing based on relocated right-of-way lines approved by Pennsylvania Department of Transportation, to T.D.Holdings LLC, for consideration in the amount of $67,999.00.
Section 3. 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 4. 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.
SUMMARY PAGE
DRAFT ORDINANCE TO SELL EXCESS PARCEL OF LAND
HULTON ROAD (SR (SR 2082 and SR 2058)
and COXCOMB ROAD (SR 2083, formerly LR 677)
In 1947, Allegheny County took private property by condemnation to realign Hulton Road at its intersection with Coxcomb Road in Plum Borough. Pennsylvania Department of Transportation took over maintenance of the road, but not title to the land under the road, by Act 615 of 1961, supplemented by an agreement of November 6, 1985.
Two offers to purchase certain of this property were received by the County. The County Manager elected to offer the parcel in question for sale through a competitive bid process.
We request approval by County Council to sell the land at fair market value, based on a competitive bid, to the winning bidder, and subject to acceptance of a deed and property survey drawing based on relocated right-of-way lines approved by Pennsylvania Department of Transportation.