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An Ordinance authorizing the County of Allegheny to clear the right-of-way for reconstruction of Scotia Run Bridge No. 1, Project No. XC01-0403, in the Borough of Jefferson Hills, and to acquire by condemnation certain parcels of land 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 deems it advisable to clear the right-of-way for the reconstruction of Scotia Run Bridge No. 1, Project No. XC01-0403, in the Borough of Jefferson Hills within the County of Allegheny and Commonwealth of Pennsylvania (the "Project"), and
Whereas, the County Council of Allegheny County deems it advisable to acquire by condemnation, certain land hereinafter described, as necessary, 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 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 Property by Condemnation.
That 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, as necessary to reconstruct the Project:
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PROJECT PARCEL NO. |
RECORD OWNER |
TAX PARCEL BLOCK & LOT NO. |
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1 |
Fred Kuenzli, trading as Elizabeth Packing Company Described in Deed Book Volume 3160, Page 541 (1/2 interest), Deed Book Volume 4137, Page 487 (1/2 interest) and Disclaimer recorded in Deed Book Volume 8016, Page 101 |
1134-G-84 |
Said property is identified on a Right-of-Way 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 Law Department to provide immediate notice of this Ordinance to the record owners of the parcel 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 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.
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DRAFT ORDINANCE TO CLEAR THE RIGHT-OF-WAY
AND ACQUIRE BY CONDEMNATION
SCOTIA RUN BRIDGE NO. 1 (XC01-0403
June 22, 2007
The Scotia Run Bridge No. 1 carrying Scotia Hollow Road in Jefferson Hills Borough needs to be replaced. We may, regrettably, need to resort to the County's power of Eminent Domain to acquire one of the parcels required for the project. The parcel had been used to operate a meat packing plant known as Elizabeth Packing Company. The owner, Fred Kuenzli, died May 28, 1967 leaving as his sole heirs at law, his wife Agnes Elizabeth Kuenzli and his two children Frederick Anthony Kuenzli and Dolores Catherine Yates. Agnes Elizabeth Kuenzli died on June 23, 1988 leaving all her property to her children. On May 17, 1989, her children filed a Disclaimer to disclaim any and all interest in the subject property, recorded in Deed Book Volume 8016, Page 101. Frederick Kuenzli and his lawyer, Lewis Chomas, Esq., have said on the telephone that they have no interest in the property. Jefferson Borough filed a tax lien on March 24, 2000, DTD-00-103728. West Jefferson Hills School District filed a tax lien October 5, 2001, DTD-01-105362 with arbitration filed October 9, 2001, AR-01-006337.
We seek approval by County Council as soon as possible to file a Declaration of Taking, as required by the County Administrative Code. The Executive Action to clear right-of-way for this project was approved 7/13/2006, Agenda No. 821-06.