title
An Ordinance authorizing the County of Allegheny to clear the right-of-way for, and to acquire by condemnation, Parcel 2 of W.C.S.R., Inc., for construction of the McKeesport South Flyover Bridge, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
body
Whereas, the County Council of Allegheny deems it advisable to clear the right-of-way for the construction of McKeesport South Fly-over Bridge and its approach roads, Project No. FY03-0403, to connect Lyle Boulevard (SR 148) at Coursin Street with Industry Road, within the RIDC Park, in the 5th Ward, City of McKeesport (the "Project"), and
Whereas, said Project constitutes a valid public purpose serving the transportation interests of the residents of the County of Allegheny, 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 acquire in fee simple and take under the power of eminent domain the property of the following persons or corporations and to acquire title thereto in fee simple, as necessary to construct the Project:
|
PROJECT PARCEL NO. |
RECORD OWNER |
TAX PARCEL BLOCK & LOT NO. |
|
2 |
W.C.S.R., Inc. (Eat'n Park Restaurant, Tenant) |
307-G-94 |
|
|
|
|
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 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 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.
SUMMARY PAGE
DRAFT ORDINANCE TO CLEAR THE RIGHT-OF-WAY
AND ACQUIRE BY CONDEMNATION
PARCEL 2 OF W.C.S.R., INC.
FOR CONSTRUCTION OF McKEESPORT SOUTH FLY-OVER BRIDGE
5TH WARD, CITY OF McKEESPORT
PROJECT NO. FY03-0403
July 1, 2009
Construction of the McKeesport South Fly-over Bridge is needed to provided access from Lyle Boulevard (SR 148) at Coursin Street over tracks of CSX Transportation, Inc. and McKeesport Connecting Railroad Co. to Industry Road within the Regional Industrial Development Corporation industrial development in the 5th Ward, City of McKeesport. This project is expected to stimulate the economy of the Monongahela River Valley.
We have been unable to settle with the owner of Parcel 2 affected by the project. We, regrettably, need to resort to the County's power of Eminent Domain to construct the bridge and its approach roads.
We seek approval by County Council as soon as possible to file Declarations of Taking, as required by the County Administrative Code.