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An Ordinance authorizing the County of Allegheny in conjunction with the Department of Public Works and the Law Department to acquire by condemnation, certain permanent rights of-way and easements, including but not limited to, property in fee simple for permanent rights of-way, drainage easements, and temporary construction easements from one (1) parcel required for the replacement of Beam Run Bridge No. 1 over Beam Run (BM01) located on Coal Valley Road (Chamberlain Road) County Road No. 5081-04 located in Jefferson Hills Borough, Allegheny County and to take such further action as may be necessary under applicable law, including but not limited to the Eminent Domain Code.
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Whereas, the County Council of Allegheny County (the “Council”) deems it advisable to acquire by condemnation, certain permanent rights-of-way, and easements, including but not limited to, property in fee simple for permanent rights-of-way, drainage easements, and temporary construction easements (the “Property”) from one (1) parcel described hereinbelow for the purpose of replacing Beam Run Bridge No. 1 over Beam Run (BM01) located on Coal Valley Road (Chamberlain Road) County Road No. 5081-04 located in
Jefferson Hills Borough, Allegheny County, Allegheny County (the “Project”); and
Whereas, the Project, has been depicted in the Right-of-Way Drawings identified as 26208-RW for the replacement of Beam Run Bridge No. 1 over Beam Run (BM01) located on Coal Valley Road (Chamberlain Road) County Road No. 5081-04 located in Jefferson Hills Borough, Allegheny County, County Project No. BM01-0403 approved August 2, 2023, recorded August 10, 2023 in the Allegheny County Department of Real Estate, Plans-HWY, Book 194, Page 52, and marked as “Exhibit A” attached hereto and made a part hereof;
Whereas, the Department of Public Works has determined the owners of Parcel 1, Robert F. Gibson and Marlene Gibson, husband & wife (25% undivided interest owner), Carol G. Przyborski, formerly Carol R. Gibson and Glen Przyborski, her husband (25% undivided interest owner), Charles G. Gibson, Jr. and Norma Gibson, husband and wife (19.44% undivided interest owner), and the Heirs of Ruth Gibson McMullin a/k/a Ruth L. Gibson, identified as Nancy J. Frame (6.11% undivided interest owner), Catherine L. Naugle (6.11% undivided interest owner), Jennifer A. Ferris (6.11% undivided interest owner), James A. Gibson (6.11% undivided interest owner), and David C. Gibson (6.11% undivided interest owner);
Whereas, due to the passage of time and exhaustion of reasonable, good faith efforts to reach an amicable resolution with the owners of all divided and undivided interests in the property, it became apparent that the required global amicable resolution would not be possible; therefore it is now necessary to authorize the acquisition of the Property through condemnation proceedings following exhaustion of reasonable, good faith efforts to amicably acquire said property.
Whereas, the Project constitutes a valid public purpose serving the interests of the residents of the County.
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 as set forth in their entirety herein.
SECTION 2. Authorization to Acquire Property by Condemnation.
That Council deems it advisable and necessary to acquire by condemnation, under the power of eminent domain, certain property necessary for the Project described more particularly as follows:
Parcel 1 - Robert F. Gibson and Marlene Gibson, husband & wife (25% undivided interest owner), Carol G. Przyborski, formerly Carol R. Gibson and Glen Przyborski, her husband (25% undivided interest owner), Charles G. Gibson, Jr. and Norma Gibson, husband and wife (19.44% undivided interest owner), and the Heirs of Ruth Gibson McMullin a/k/a Ruth L. Gibson, identified as Nancy J. Frame (6.11% undivided interest owner), Catherine L. Naugle (6.11% undivided interest owner), Jennifer A. Ferris (6.11% undivided interest owner), James A. Gibson (6.11% undivided interest owner), and David
C. Gibson (6.11% undivided interest owner)
Lot/Block # 0768-C-00230-0000-00
Property: Right of Way in fee simple 0.080 acres (3,485 square feet); Drainage
Easement 0.0015 acres (65 square feet); and temporary construction easement 0.0804 acres (3,502 square feet)
Estimated Just Compensation: $2,000.00
SECTION 3. 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 4. 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 5. 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 6. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the some affects this Ordinance.